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Resolution 2007-46 RESOLUTION NO. 2007-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A ONE-YEAR EXTENSION FOR TM 04-13, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 4.85 ACRE SITE INTO 19 COMMERCIAL AND RESIDENTIAL LOTS LOCATED AT 9435 MONTEREY ROAD, NORTH OF FARRELL AVENUE, APN 790-07-001. WHEREAS, Salvatore Oliveri has requested a one-year extension of the approval for TM 04-13, a Tentative Map to subdivide an approximately 4.85-acre site into nineteen (19) commercial and residential lots located at 9435 Monterey Road, North of Farrell Avenue, APN 790-07-001. WHEREAS, the application was timely filed prior to the map's expiration on July 18, 2007, and therefore pursuant to California Government Code section 66452.6, the life of the map was automatically extended by sixty (60) days or until the application is approved or denied, whichever occurs first; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council on June 6, 2005, adopted a mitigated Negative Declaration for this project, the City Council finding that the Negative Declaration was completed in compliance with CEQA, that it reflects the independent judgment of the City, and that there is no substantial evidence in the record that the project as mitigated will have a significant effect on the environment; and WHEREAS, the City Council after a duly noticed public hearing on June 6 2005, first approved TM 04-13 by Resolution No. 2005-45 adopted July 18,2005; and WHEREAS, pursuant to Gilroy City Code sec. 21.41.1, a tentative map is valid for two (2) years after approval and may be granted a up to three (3) extensions of one (1) year each by the City Council; and WHEREAS, the City Council at a duly noticed public meeting on May 7, 2007, considered the proposed one-year extension of TM 04-13 and the Staff Report dated April 27, 2007; and ILLEZOTTEI725502.1 050807-04706089 -1- Resolution No. 2007-46 WHEREAS, the City Council determined that current Fire Division standards should apply to the extension of TM 04-13, and therefore has revised the conditions of this Map as set forth herein as Exhibit "A"; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this project approval is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council finds as follows: 1. The project is consistent with the land use designation and relevant policies of the General Plan. 2. The project is consistent with the Zoning Ordinance, the City's Subdivision and Land Development Code, and the State Subdivision Map Act. 3. There are no facts to support findings requiring denial of the proposed tentative map extension pursuant to California Government Code section 66474. 4. There is no substantial evidence in the record that this project as mitigated will have a significant effect on the environment. B. Approval of Tentative Map TM 04-13, which was set to expire July 18,2007, is hereby extended by one year until July 18, 2008, subject to the following conditions: 1. The seventy (70) conditions of approval, including those consistent with Fire Division standards, attached hereto as "Exhibit A" and incorporated herein by this reference. The Mitigation Monitoring Program and the twenty-seven (27) mitigation measures set forth in the Mitigated Negative Declaration attached hereto as "Exhibit B" are incorporated herein by this reference. 2. ILLEZOTTEI725502.1 050807-04706089 -2- Resolution No. 2007-46 PASSED AND ADOPTED this 4th day of June, 2007, by the following vote: AYES: COUNCIL MEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VELASCO, VALIQUETTE and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ATTESt: ' ,) \ .' ......//"i .' ,,' ",.~.-;/. /L.jJ uti\.. 'I.)({ LeA Rhonda Pellin, City Clerk APPROVED: .~...._) .' ,/7 (;;~ /' ' Alben PI'nheiro, Mayor ILLEZOTTEI725502.1 050807-04706089 -3- Resolution No. 2007-46 TM 04-13 FINAL CONDITIONS OF APPROVAL TENT A TIVE MAP CONDITIONS Plannine: Division (contact Melissa Durkin at 846-0440) 1. Approval of TM 04-13 is subject to the applicant receiving approval of Zone Change application Z 04-12. 2. The applicant shall obtain Planned Unit Development Architectural & Site approval prior to Final Map recordation, subject to the review and approval of the Planning Division. 3. All twenty-seven (27) MITIGATION MEASURES contained within the Negative Declaration for this development shall be applied to this approval in order to reduce and/or eliminate all potential significant impacts to a level of insignificance, as required under the California Environmeni.al Quality Act (CEQA). This shall be subject to the review and approval of the Planning Division. 4. The developer shall submit vector based e-files prior to Final Map approval, readable by AutoCAD (IGES, DXF, DWG) and containing lot and street layout and all City utilities. 5. The private street shall be named Settrini Place. The Pinal Map shall show this street name. City Attornev (contact Linda Callon at 286-5800) 6. The subdivider shall defend, indemnify, and hold harmless the City, its City Council, Planning Commission, agents, officers, and employees from any claim, action, or proceeding against the City or its City Council, Planning Commission, agents, officers, and employees to attack, set aside, void, or annul an approval of the City, City Council, Planning Commission, or other board, advisory agency, or legislative body concerning this subdivision. City will promptly notify the subdivider of any claim, action, or proceeding against it, and will cooperate fully in the defense. This condition is imposed pursuant to California Government Code Section 66474.9. 7. With the exception of lots that received an exemption from the application of the City's Residential Development Ordinance (RDO) (City Zoning Ordinance Sections 50.60 et seq.), no building permit shall be issued in connection with this project if the owner or developer of such development (i) is not in compliance with the RDO, any conditions of approval issued in connection with such development, or other City requirements applicable to such development; or (ii) is in default under any agreement entered into with the City in connection with such development pursuant to the RDO. EXHIBIT A TM 04-13 Revised Final Conditions of Approval 2 4/27/07 Eneineerine Division (contact Kristi Abrams or Don Dey at 846-0450) 8. Show the widths of Monterey Road. 9. Show the widths and approximate locations of all proposed easements, whether public or private, for roads, drainage, sewers, slope, or public utility purposes. 10. Show the proposed lot layout and the approximate dimensions of each lot, including larger retail/apartment lots. 11. Show the approximate location and outline to scale of each: building, tree with six-inch or greater caliper trunk at the level of three (3) feet above existing ground, or structure on the site and the identification of which of the above will not be moved or removed by development; including wells. 12. Curb height shall be a minimum of 6-inches including at the modified driveway depression. 13. Provide minimum 0.5% scope on the interior roadway. 14. The sidewalks shall be a minimum of 6-feet wide. 15. A contract shall be entered into with the property owner to the north (APN 790-06-030) and the City. This agreement with the City and the property owner to the north (APN 790-06-030) will be recorded against the property (APN 790-06-030) that states when the property develops, access will be provided (including all appropriate easements) to the Oliveri property (APN 790-07-011). The agreement shall be recorded prior to the approval of the final map. 16. A SWPPP and an Erosion Control Plan is required for all development over 1 acre. 17. Certification of improvement on site plans is required prior to Building final (add to general notes on Title sheet of plans). 18. Certification of fue flow test is required prior to final permit (add to general notes on Title sheet of plans). 19. Certification of grades and compaction is required prior to building permit final. This statement must be added as a general note to the Grading and Drainage Plan. 20. Certification is required by the design engineer of the design and construction for all retaining walls shown on the improvement plans prior to final acceptance of the subdivision. 21. All retaining walls must be constructed of permanent materials such as concrete or masonry, and shall be of a modular design; wood shall not be permitted 22. All Traffic Control Plans shall be prepared by a licensed professional engineer with experience in Traffic Control Design. EXHIBIT A TM 04-13 Revised Final Conditions of Approval 3 4/27/07 23. A Traffic Control Plan shall be provided in the Improvement Plan set for all work within the public right-of-way. 24. All temporary roads or detours shall have temporary asphalt paving unless otherwise approved by the City Engineer in writing. 25. Full frontage improvements are required for all new development. All streets must show sidewalks on both sides. 26. All work is to be done in compliance with the City of Gilroy Specifications Standards and Design Criteria and is subject to all laws of this community by reference. 27. Street improvements and the design of all storm drainage, sewer and water lines, and all street sections and widths shall be in accordance with City Standards and shall follow the most current Master Plan for streets and each utility. The developer shall provide full street, curb, gutter, sidewalk and electrolier improvements. 28. All grading operations and soil compaction activities shall be per the approved soils report and shall meet with the approval of the City Engineer. Grading plans shall show the grades of all adjac~nt properties. 29. If the project has excess fill or cut that will be off-hauled to a site or on-hauled from a site within the city limits of Gilroy, an additional permit is required. This statement must be added as a general note to the Grading and Drainage Plan. 30. A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. 31. Location of monuments shall be tried out prior to work Any City monument damaged, displaced or destroyed shall be replaced at the developers sole expense 32. New and existing utility lines to, through and on the site, and appurtenances and associated equipment, including, but not limited to, electrical transmission, street lighting, cable television and telephone shall be required to be placed underground. 33. A Final Map with all required dedications shall be filed with a copy transmitted to the City. 34. The developer shall submit an estimate of the probable cost of developer-installed off-site improvements with the Pinal Map submittal. 35. The developer shall submit fees and bonds and enter into an improvement agreement prior to Pinal Map recordation. EXHIBIT A TM 04-13 Revised Final Conditions of Approval 4 4/27/07 36. In the event it is necessary to acquire offsite easements or street rights-of-way, the owner shall enter into an agreement with the City prior to final map approval agreeing to pay all condemnation costs, for dedication of all required easements or street right-of-way. This agreement shall be recorded and require the owner to deposit all condemnation costs with the City within 21 days of Final Map approval. The owner shall agree to provide an initial cash deposit as determined by the City. 37. Prior to Final Map approval and approval of the Improvement Plans, the following items will need to be completed: a. The developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground.) b. A note shall be placed on the plans which states that the composite plan agrees with City Codes and Standards and that no underground utility conflict exists. c. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the City. d. The City will collect the plan check and inspection fee for the utility underground work. 38. A current Title Report shall be submitted for review to the City prior to final map approval. 39. Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City: a. A professional engineer-signed and PG&E-approved original electric plan. b. A letter from the design Electrical or Civil Engineer that states the electrical plan conforms to City Codes and Standards, and to the approved subdivision improvement plans. 40. All lots shall drain to the street for storm drainage. 41. Improvement plans are required for all on-site and off-site improvements. 42. Submit a Hazardous Material clearance for any underground tank. removal from the appropriate agency. 43. A Storm Water Pollution Prevention Plan shall be filed with the Regional Water Quality Control Board with a copy to the City. An Erosion Control plan and Waste Discharger Identification shall be submitted to the City. 44. The developer shall negotiate rights-of-way with Pacific Gas and Electric and other utilities subject to the review and approval by the Engineering Division and the utility companies. EXHIBIT A TM 04-13 Revised Final Conditions of Approval 5 4/27/07 45. Storm and sewer lines in private streets shall be privately maintained unless approved by the City Engineer in writing. 46. If any portion of the project is located in a special flood hazard area as shown on the most current flood insurance rate map; a flood zone study is required. Should the City Engineer determine a LOMR (letter of map revision) is required no permits will be issued until a CLOMR (conditional letter of map revision) is completed. No permits will be finaled until the LOMR is complete. Any flood conditions imposed on this project by the National Flood Insurance Program or the City of Gilroy will be enforced by the City of Gilroy. 47. If any portion of the project is located in a special flood hazard area, provide the following statement in a bold box with minimum lA-inch text on the front sheet of the plan set: "This project is located in a Flood Zone. A Conditional Elevation Certificate is required prior to the foundation pour and an Elevation Certificate with pictures of each of the four building elevations is required prior to final inspection". 48. If any portion of the project contains recycled water facilities as shown in the South County Recycled Water Master Plan, the facilities shall be installed at sole expense of the developer prior to final or occupancy of the first building. 49. If there is a Homeowners Association in place with this map prior to the map being released for recordation, Conditions, Covenants and Restrictions shall be approved by the Planning Division. 50. The City shall be notified at least two (2) working days prior to the start of any construction work and at that time the contractor shall provide a project schedule and a 24 hour emergency telephone number list. 51. All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the City Engineer. 52. Once the tentative map is approved, the developer shall submit an 8-1/2 X II-inch inch site plan to the Engineering Division to assign addressing which shows the following: tract name and number, lot number, street names, property lines, right-of-way lines, north arrow and curb cuts for driveway. 53. Reimbursement is required for any frontage infrastructure including but not limited to curb, gutter, sidewalk, storm, sewer, and water, constructed by others that benefits this development. 54. The permanent street name sign shall be installed immediately after the curb and gutter construction is complete. 55. The developer/contractor shall make accessible any or all City utilities ad directed by the City Engineer. 56. Additional comments may be added at any time due to incomplete plans, plan changes and mistakes, errors or omissions. EXHIBIT A TM 04-13 Revised Final Conditions of Approval 6 4/27/07 57. The developer shall remove the northerly-most driveway on the commercial site. The City might allow the establishment of a secondary driveway, subject to the findings of the median access study required by Negative Declaration mitigation measure number 8. Fire Department (contact Rodger Maggio at 846-0430) 58. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure for homes UP to 3.600 square feet. Street Hydrants shall be spaced every 300 ft, and within 150 ft of any building. Hydrants shall be installed prior to commencement of construction with combustible materials. Fire Hydrant locations shall be approved by the Fire Marshal prior to final map/site improvements. The most remote hydrant shall be flow tested by the Fire Marshal prior to possession by the water department. Curbing shall be painted red for 7 feet on each side of each hydrant. 59. ReaW:lliYs shaD. f)r~v:iae Ii miniffN:l1fl 20 feet ef \iBebswete8 t:m':el. '.' meal cleaf8ftee ef Bot less tftaB 15 it shall Be provided. T\imiBg rlldias s8.allBet Be less tftllB 32 feet iBsiae and 39 feet e\itsiEle. Roadwavs. includine: shared driveways and access to buildine:s. shall provide a minimum 20 feet of unobstructed travel. This is measured from inside face of curb to inside face of curb unless modified/rolled curbs are used. Tumine: radius shall not have less than a 32-foot inside and 39-foot outside radius. Parkin!: shall be restricted as follows a. Less than 28 feet no parkin!: at all. b. Less than 36 feet no parkine: on one side. c. Over 36 feet parkine: not restricted. 60. Provide a cross access driveway to adjacent property at rear of commercial building for future fire access. 61. Where parkine: is restricted. it shall be posted with sims for No Parkine:-Fire Lane and curbs shall be painted red. Sie:na!:e and curb paintin!: shall be maintained in e:ood condition. The parkine: enforcement plan shall be reviewed and approved bv the Deputv Fire Marshal prior to the final inspection of the first unit built. The parkine: enforcement plan shall be provided bv the developer for the HOA to follow. and shall be included in the CC&R's. 62. The Final Map shall include a parae:raph that reads: "Red curbine: and sie:nae:e shall be maintained bv the Home Owners Association. A parkine: enforcement shall be implemented bv the Homeowners' Association." The tract improvement plans shall include a stripine: plan that delineates the red curbed areas and the locations of no parkine: sie:nae:e. 63. Dead end private streets or driveways in excess of 150 feet shall provide a turn around confie:uration per city standard. These include a hammer head with 30 feet deep extensions on each side of roadway. 3 point turnaround consistine: of a 54 foot x 54 foot rectane:ular turnaround from a minimum 20 foot entry adiacent to one corner. 64. Roads shall provide 14 feet overhead clearance. EXHIBIT A TM 04-13 Revised Final Conditions of Approval 7 4/27/07 65. Gated Streets shall have Fire and Police KNOX access. and be provided with automatic openine compatible with the Fire Department Opticom System. Gates shall provide openine of full width of roadway beine served. 66. Secondary access shall be provided when 24 or more units seryed by a sinele point of access to the development. Secondary access is to provide a second means to the proiect area as a whole. Secondary Fire access other than a standard roadway is to be reviewed and approved Fire Chief. 67. An accessible doorway to each dwelline unit shall be within 150 feet of a tire department access road. 68. Homes with fenced vards shall provide a eate to a public area. street or sidewalk. 69. House numbers shall be clearly visible from the street. If the house is recessed the house number shall be provided at the driveway entrance and at a heieht of not less than 36 inches from the eround. All main address numbers shall be a minimum of 2.5 inches in heieht with a 3/8 inch stroke and placed to read from left to rieht and/or top to bottom. City Council-Added Conditions 70. The developer shall be required to create a homeowners' association for this development. The homeowners' association shall include both the duette homes and the apartment units. EXHIBIT A Community Development Department Planning Division MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 (408) 846-0440 City File Number: Z 04-12, TM 04-13, A/S 04-43 Project Description: Name of Project: Nature of Project: Gilroy Oliveri Residential and Commercial Development A Planned Unit Development application consisting of a Zone Change, a Tentative Map, and Architectural and Site Review to create an 18,800- square foot commercial building and up to 36 senior citizen residences on a 4.85-acre site. Project Location: Location: The project site is located at 9435 Monterey Road, in the City of Gilroy and the County of Santa Clara. The site is bounded by Monterey Road and the Union Pacific/Caltrain railroad tracks to the east, single-family homes and a homeless shelter under development to the south, Church Street and single-family residential homes to the west, and a vacant lot to the north. Assessor's Parcel Number: 790-07-001 Entity or Person(s) Undertakin2 Proiect: Name: Address: Salvatore Oliveri 9325 Monterey Road, Gilroy CA 95020 Initial Study: An Initial study of this project was undertaken and prepared for the purpose of ascertaining whether this project might have a significant effect on the environment. A copy of this study is on file at the City of Gilroy Planning Department, 7351 Rosanna Street, Gilroy, CA 95020. EXHIBIT B Oliveri Development Mitigated Negative Declaration and Mitigation Monitoring Program 2 Adopted June 6, 2005 Findin2S & Reasons: The Initial Study identified potentially significant effects on the environment. However, this project has been mitigated (see Mitigation Measures below which avoid or mitigate the effects) to a point where no significant effects will occur. There is no substantial evidence the project may have a significant effect on the environment. The following reasons will support these findings: 1. The proposal is a logical component of the existing land use of this area. 2. Identified adverse impacts are proposed to be mitigated through preparation of special studies and construction of off-site improvements. 3. The proposed project is consistent with the adopted goals and policies of the General Plan of the City of Gilroy. 4. City staff independently reviewed the Initial Study, and this Negative Declaration reflects the independent judgment of the City of Gilroy. Miti2ation Measures: Prior to approval and issuance of the final improvement plans, the following mitigation measures shall be implemented: 1. The project applicant shall reduce the proposed project's residential density to the City of Gilroy's permissible limit within the Neighborhood District designation. 2. The project applicant shall specify in project plans the implementation of the following dust control measures during grading and construction activities for the proposed project. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Engineering Division: (Modified Gilroy General Plan EIR Mitigation Measure 4.6-A) The following measures shall be implemented for all construction sites: . During high dust conditions, water all construction areas at least twice daily; . Cover all trucks hauling soil, sand, and other loose materials; . Apply clean gravel, water, or non-toxic soil stabilizers on all unpaved access roads, parking areas and staging areas at constructions sites; . Remove excess soils from paved access roads, parking areas and staging areas at construction sites; . Sweep streets daily (with mechanical sweepers) if visible soil material IS carried onto adjacent public streets; EXHIBIT B Oliveri Development Mitigated Negative Declaration and Mitigation Monitoring Program 3 Adopted June 6, 2005 . The idling of all construction equipment shall not exceed five minutes; . Limit the hours of operation of heavy duty equipment andlor the amount of equipment in use; . All equipment shall be properly tuned and maintained in accordance with the manufacturer's specifications; . When feasible, alternative fueled or electrical construction equipment shall be used for the project site; . Use the minimum practical engine size for construction equipment; and . Gasoline-powered equipment shall be equipped with catalytic converters, where feasible. 3. The project applicant shall pay all applicable fire department development fees, subject to monitoring by the Building Division. 4. The project applicant shall pay the applicable school development fees, subject to monitoring by the Gilroy Unified School District and Building Division. 5. The project applicant shall pay all applicable library development fees, subject to monitoring by the Building Division. 6. The project applicant shall pay all applicable park development fees, subject to monitoring by the Building Division. 7. The project applicant shall pay all applicable police department development fees, subject to monitoring by the Building Division. 8. The developer shall prepare an engineering study that analyzes median access openings on Monterey Road from Farrell Avenue to Cohansey Avenue. The developer shall prepare engineering design plans for the construction of the median in this roadway segment and construct the median prior to building occupancy. Prior to approval and issuance of a grading or building permit, the following mitigation measures shall be implemented: 9. Fire Sprinkler systems shall be installed per NFP A 13d in the duette homes, a 13r in the apartment buildings and 13 in the commercial structures. Systems are subject to the review and approval by the Fire Marshal. 10. Subject to the review and approval of the Planning Division, new outdoor lighting shall be directed on-site and designed and installed with shielding. EXHIBIT B Oliveri Development Mitigated Negative Declaration and Mitigation Monitoring Program 3 Adopted June 6, 2005 . The idling of all construction equipment shall not exceed five minutes; . Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use; . All equipment shall be properly tuned and maintained in accordance with the manufacturer's specifications; . When feasible, alternative fueled or electrical construction equipment shall be used for the project site; . Use the minimum practical engine size for construction equipment; and . Gasoline-powered equipment shall be equipped with catalytic converters, where feasible. 3. The project applicant shall pay all applicable fire department development fees, subject to monitoring by the Building Division. 4. The project applicant shall pay the applicable school development fees, subject to monitoring by the Gilroy Unified School District and Building Division. 5. The project applicant shall pay all applicable library development fees, subject to monitoring by the Building Division. 6. The project applicant shall pay all applicable park development fees, subject to monitoring by the Building Division. 7. The project applicant shall pay all applicable police department development fees, subject to monitoring by the Building Division. 8. The developer shall prepare an engineering study that analyzes median access openings on Monterey Road from Farrell Avenue to Cohansey Avenue. The developer shall prepare engineering design plans for the construction of the median in this roadway segment and construct the median prior to building occupancy. Prior to approval and issuance of a grading or building permit, the following mitigation measures shall be implemented: 9. Fire Sprinkler systems shall be installed per NFPA 13d in the duette homes, a 13r in the apartment buildings and 13 in the commercial structures. Systems are subject to the review and approval by the Fire Marshal. 10. Subject to the review and approval of the Planning Division, new outdoor lighting shall be directed on-site and designed and installed with shielding. EXHIBIT B Oliveri Development Mitigated Negative Declaration and Mitigation Monitoring Program 4 Adopted June 6, 2005 11. The project applicant shall prepare a detailed Flood Management and Mitigation Plan (FMMP), subject to approval by the Santa Clara Valley Water District (SCVWD) and the City of Gilroy Building Division. 12. If trees or shrubs are scheduled for removal during the breeding season (February 1 to August 1), a qualified biologist shall conduct pre-construction nesting birds surveys within 30 days prior to the onset of any construction activity. All trees and snags should be searched for bird nests during the pre-construction survey. Ifbird nests are observed, an appropriate buffer zone shall be established around all active nests to protect nesting adults and their young from construction disturbance. If active raptor nests are located on the Study Area, a buffer zone of 200-250 feet shall be established around each nest unless a smaller distance is suitable to reduce nesting disturbance. Buffer zones implemented around avian nests can be used to avoid impacts to birds and nests protected by the MBTA and Sections 3515 and 3503 of the Fish and Game Code. Buffer zones shall be determined based the site conditions and the species potentially impacted. Work within the buffer zone should be postponed until all the young are fledged, as determined by a qualified biologist. 13. During the earth disturbing activities of construction, if any archaeological deposits are encountered, an archaeologist shall be summoned on-site to document and monitor all subsurface prehistoric or historic deposits. All activities in the area should cease and the archaeologist should inspect the discovery and prepare a recommendation for a further course of action. This mitigation measure shall be subject to the review and approval ofthe Planning Division. 14. In the event that human remains are discovered, there shall be no disposition of such human remains, other than in accordance with the procedures and requirements set forth in the California Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98. These code provisions require notification of the County Coroner and the Native American Heritage Commission, who in turn must notify those persons believed to be most likely descended from the deceased Native American for appropriate disposition of the remains. Excavation or disturbance may continue in other areas of the project site outside the area affected by such discovery. This mitigation measure shall be subject to the review and approval of the Planning Division. 15. The project applicant shall submit a soils investigation prepared by a qualified soils engineer for the proposed project. The recommendations of the soils investigation shall be incorporated into the final building plans, subject to the review and approval by the City of Gilroy Engineering Division prior to approval of any building permits. 16. The project applicant shall design all structures in accordance with the Uniform Building Code for seismic design. Foundation design should include the use of structural mat or post-tension slab foundations, rather than conventional spread footings. Structural design is subject to the review and approval by the City of Gilroy Building Division prior to the issuance of building permits. EXHIBIT B Oliveri Development Mitigated Negative Declaration and Mitigation Monitoring Program 4 Adopted June 6, 2005 11. The project applicant shall prepare a detailed Flood Management and Mitigation Plan (FMMP), subject to approval by the Santa Clara Valley Water District (SCVWD) and the City of Gilroy Building Division. 12. If trees or shrubs are scheduled for removal during the breeding season (February 1 to August 1), a qualified biologist shall conduct pre-construction nesting birds surveys within 30 days prior to the onset of any construction activity. All trees and snags should be searched for bird nests during the pre-construction survey. Ifbird nests are observed, an appropriate buffer zone shall be established around all active nests to protect nesting adults and their young from construction disturbance. If active raptor nests are located on the Study Area, a buffer zone of 200-250 feet shall be established around each nest unless a smaller distance is suitable to reduce nesting disturbance. Buffer zones implemented around avian nests can be used to avoid impacts to birds and nests protected by the MBTA and Sections 3515 and 3503 of the Fish and Game Code. Buffer zones shall be determined based the site conditions and the species potentially impacted. Work within the buffer zone should be postponed until all the young are fledged, as determined by a qualified biologist. 13. During the earth disturbing activities of construction, if any archaeological deposits are encountered, an archaeologist shall be summoned on-site to document and monitor all subsurface prehistoric or historic deposits. All activities in the area should cease and the archaeologist should inspect the discovery and prepare a recommendation for a further course of action. This mitigation measure shall be subject to the review and approval of the Planning Division. 14. In the event that human remains are discovered, there shall be no disposition of such human remains, other than in accordance with the procedures and requirements set forth in the California Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98. These code provisions require notification of the County Coroner and the Native American Heritage Commission, who in turn must notify those persons believed to be most likely descended from the deceased Native American for appropriate disposition of the remains. Excavation or disturbance may continue in other areas ofthe project site outside the area affected by such discovery. This mitigation measure shall be subject to the review and approval of the Planning Division. 15. The project applicant shall submit a soils investigation prepared by a qualified soils engineer for the proposed project. The recommendations of the soils investigation shall be incorporated into the final building plans, subject to the review and approval by the City of Gilroy Engineering Division prior to approval of any building permits. 16. The project applicant shall design all structures in accordance with the Uniform Building Code for seismic design. Foundation design should include the use of structural mat or post-tension slab foundations, rather than conventional spread footings. Structural design is subject to the review and approval by the City of Gilroy Building Division prior to the issuance of building permits. EXHIBIT B Oliveri Development Mitigated Negative Declaration and Mitigation Monitoring Program 5 Adopted June 6, 2005 17. The applicant shall prepare an erosion and deposition control plan detailing appropriate methods of erosion and deposition control during grading, construction and operation of the proposed project. The erosion and deposition control plan shall be subject to review and approval by the City of Gilroy Engineering Division prior to the issuance of building permits. 18. As required by General Plan Action 25.E, the applicant shall prepare a site specific soils report for the proposed project which includes laboratory testing of on-site soils as well as design criteria for building foundations, basement walls, roads, and other structures. The soils report shall be subject to review and approval by the City of Gilroy Engineering Division prior to issuance of the building permits. 19. The project applicant shall submit a Notice of Intent (NOI), detailed engineering designs, and a Storm Water Pollution Prevention Plan (SWPPP) program to the Central Coast RWQCB to obtain a NPDES General Construction permit prior to any grading or construction activities. This permit shall require implementation of an approved SWPPP that uses storm water Best Management Practices (BMPs) to control runoff, erosion and sedimentation from the site. The SWPPP is subject to review and approval by the Central Coast RWQCB and the Gilroy Engineering Division. 20. The following language shall be included on all permits issued for this project, subject to the review and approval of the Building Division: "All construction activities shall be limited to weekdays between 7:00 a.m. and 7:00 p.m. and to Saturday between 9:00 a.m. and 7:00 p.m. No construction is allowed on Sundays or City holidays." 21. All construction equipment engines shall be properly tuned and muffled according to manufacturers' specifications. 22. Noise construction activities whose specific location on the site may be flexible (e.g., operation of compressors and generators, cement mixing, general truck idling) shall be conducted as far as possible from the nearest noise-sensitive land uses, and natural and/or manmade barriers (e.g., intervening construction trailers) shall be used to screen propagation of noise from such activities towards these land uses to the maximum extent possible. 23. The use of those pieces of construction equipment or construction methods with the greatest peak noise generation potential shall be minimized. Examples include the use of drills and j ackharnmers. 24. Barriers such as plywood structures or flexible sound control curtains shall be erected along the western edge of the site to minimize noise exposure to nearby residential uses. 25. Project Driveways on Monterey Road - The northern-most proposed project driveway on Monterey Road shall be eliminated and the remaining project driveway (south driveway) on Monterey Road shall be widened to 35 feet in order to satisfy City of Gilroy street design standards. EXHIBIT B Oliveri Development Mitigated Negative Declaration and Mitigation Monitoring Program 6 Adopted June 6, 2005 26. Security Gate Operations - To reduce the potential for inbound vehicles backing up onto Church Street, the security gate on Church Street shall only be used by residents of the project. Visitor access to the residential portion of the project shall occur via the gate between the residential and commercial uses. The area on the east side of the gate and the communication/card reader podium shall be laid out such that inbound visitors have the opportunity to turn around should the gate not open for them. 27. The applicant shall provide parking in compliance with the Zoning Ordinance subject to the review and approval of the Planning Division. Date Prepared: March 18, 2005 (Revised April 6, 2005) End of Review Period: April 11, 2005 Date Adopted by City Council: June 6, 2005 William Faus Planning Division Manager bfaus@ci.gilroy.ca.us EXHIBIT B I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached Resolution No. 2007-46 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 4th day of June, 2007, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 18th day of June, 2007. ) .. ./ ~ ,.- .' ! ,1 / . v\/(.// 7 0(>,- J(/(. C L /L CitY'Clerk of the City of Gilroy (Seal)