Resolution 2010-63
RESOLUTION NO. 2010-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING AlS 10-18, AN APPLICATION FOR
ARClllTECTURAL AND SITE APPROVAL OF A 94-LOT
SUBDIVISION LOCATED NORTH OF SUNRISE DRIVE AND
WEST OF SANTA TERESA BLVD., APN 783-20-055
WHEREAS, K Hovnanian Homes ("the Applicant") submitted application AlS 10-18,
requesting Architectural and Site approval to construct 94 single-family lots ("the Project") on
approximately 24.5 acres within the Rancho Hills/Deer Park subdivision, on APN 783-20-055,
which is located north on Sunrise Drive and west of Santa Teresa Blvd.; and
WHEREAS, in 2006, the Glen Lorna Group received Architectural and Site Review (AlS
05-29) and Tentative Map approval (TM 05-02) to develop this site known as the Rancho
Hills/Deer Park Subdivision in accordance to the approved Planned Unit Development for the
site; and,
WHEREAS, the Applicant proposes to use different architectural plans for the site, and
Section 50.58 of the Zoning Ordinance requires review by the Planning Commission and
approval by the City Council of modifications to the approved PUD plans where said plans are
found to be significantly out of conformance with the approved plans; and,
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City
Council in conjunction with AlS 05-29 adopted a Mitigated Negative Declaration and a
Mitigation Monitoring program for this property, and this revised Architectural and Site
application is receiving environmental clearance through, and is subject to, that Negative
Declaration and its mitigation measures; and
WHEREAS, the Planning Commission reviewed said application including the Staff
Report dated October 7, 2010 ("Staff Report") at a duly noticed public meeting on October 7,
2010, and recommended approval of AlS 10-18 to the City Council; and
WHEREAS, the City Council reviewed the Staff Report dated November 1, 2010, and all
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Resolution No. 2010-63
documents relating thereto and took oral and written testimony at its duly noticed public hearing
on November 1,2010; 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 RESOL VED THAT:
SECTION I
The City Council hereby adopts the findings as required by Zoning Ordinance Section
50.55 based upon substantial evidence in the entire record as summarized below:
1. The Project conforms to the Gilroy General Plan in that it is located in an area that
the General Plan has designated for residential development, and has generally met or exceeded
development standards. The project design conforms to all Zoning Ordinance requirements.
2. This Project will fill a specific need of the surrounding area as identified in the
City's General Plan Housing Element. This project will create housing, which will assist the
City in meeting its housing goals.
3. The Project does not require urban services beyond those that are currently
available at the Project site.
4. Provide a harmonious, integrated plan that justifies exceptions, if such are
required, to the normal requirements of this ordinance. The Project does not require any
exceptions. However, the Applicant has provided several project amenities, included
development of a landscape buffer adjacent to Santa Teresa Boulevard.
5. The Project is an infill project, which by definition it is an economic and efficient
use of land.
6. The Project provides landscaping and open space over and above what is typically
required for a single-family development. The Project includes landscaping the front yards of all
lots, and by providing a landscape buffer adjacent to Santa Teresa Blvd.
7. The proposed homes meet City design standards and will be compatible with the
character of the surrounding neighborhood.
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Resolution No. 2010-63
8. The Project will not create traffic congestion, noise, odor or other adverse effects
on surrounding areas, as shown by the Initial Study.
9. The Project provides appropriate access, parking, landscaping, trash areas and
storage as required by the Zoning Ordinance.
SECTION II
Application AlS 10-18 is hereby approved subject to the conditions of approval set forth
in Exhibit "A" attached hereto and entitled "K. Hovnanian Architectural & Site Review Final
Conditions of Approval (AlS 10-18)" subject to the mitigation measures and
mitigation/monitoring program set forth in the Exhibit.
PASSED AND ADOPTED this 6th day of December, 2010 by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, BRACCO, DILLON, GARTMAN,
TUCKER, WOODWARD and PINHEIRO
NONE
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
NONE
APPROVED:
Shawna Freels, City Clerk
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Resolution No. 2010-63
K. Hovnanian Architectural & Site Review
Final Conditions of Approval
(A1S 10-18)
Plannina Division (contact Melissa Durkin at 846-0451, Melissa.Durkin@cLgilroy.ca.us)
1. This project shall conform to the plans prepared by K Hovnanian, dated September 15,
2010, as modified by the City Council's approval of these applications and conditions of
approval. The colors and materials shall conform to the colors and materials board
prepared by K Hovanian Homes and stamped "Approved" by the Planning Division.
2. Revised landscape plans shall be submitted to and approved by the City which comply
with the State Model Water Conservation Ordinance prior to issuance of building permits.
3. All conditions of approval for A1S 05-29 as contained in City Council Resolution 2006-42
shall remain in effect.
City Council-Added Condition
4. The developer shall provide full kitchens in all "granny flats" (accessory dwelling units)
constructed within this development. Plans showing the full kitchen shall be reviewed
and approved by the Planning and Building divisions prior to building permit issuance.
5. The developer shall construct a temporary sidewalk through the landscape buffer area
adjacent to Santa Teresa Boulevard. The design of the sidewalk shall be subject to the
review and approval of the Engineering Division. The temporary sidewalk shall be
constructed prior to the first building permit final issued in tract 9966.
6. The developer shall landscape the buffer adjacent to Santa Teresa Boulevard and
construct a sidewalk through this buffer in accordance with the Property Improvement
Agreement approved for tract 9966 (Property Improvement Agreement No. 2010-02,
Deer Park Phase III).
EXHIBIT A
A1S 05-29
Final Conditions of Approval
Plannine Division (contact Melissa Durkin at 846-0440. Melissa.Durkin@cLgilroy.ca.us)
1. MITIGATION MEASURES #1 THROUGH #18. contained within the Negative Declaration for
this property shall be applied to the approval of the project in order to reduce and/or mitigate all
potential significant impacts to a level of insignificance, as required under the California
Environmental Quality Act (CEQA). This shall be subject to the review and approval of the
Planning Division.
2. Landscaping: The applicant shall landscape the front yards of each home. Landscaping plans
including specifications for an irrigation system shall be approved by the Planning Division in
accordance with the adopted Consolidated Landscaping Policy, prior to issuance of a building
permit. The landscaping shall be continuously maintained in an orderly, live. healthy, and
relatively weed~free condition, in accordance with the adopted Consolidated Landscaping Policy
and the approved specific landscape plan. This shall be subject to the review and approval of the
Planning Division.
3. The developer shall provide stucco window trim. shutters, and/or wrought iron on the windows
along the side and rear elevations on every home within this subdivision.
4. All fences must meet the requirements of Zoning Ordinance Section 34.
5. The applicant shall place a deed restriction on all lots with front or side yards abutting Sunrise
Drive stating that the fences on these lots must be constructed and maintained with a 21-foot
setback to the Sunrise Drive property line. The developer shall disclose this requirement to the
buyers of these lots. The developer shall present staff with a copy of this disclosure statement and
evidence that this deed restriction is in place prior to building permit issuance.
6. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward from the
site toward any residential use or public right-of-way. This is subject to the review and approval
of the Planning Division.
7. Building colors shall be earth tones subject to the review and approval of the Planning Division.
8. The developer shall disclose to every future homebuyer that a trail or bike path might be
constructed on the channel north of this site. The developer shall provide a copy of this disclosure
statement to the Planning Division prior to building permit issuance.
9. The developer shall orient the homes abutting Sunrise Drive, between Santa Teresa Boulevard and
Comanche Street, so that their front doors face Sunrise Drive and their garages receive access
from Koshare Street.
NS 05-29
Final Conditions of Approval
2
617/06
Fire Department (contact Jackie Bretschneider at 846-0430. Jacqueline.Bretschneider@cl.gilroy.ca.us)
10. The Building. Life, and Environmental Safety Division shall approve all hydrant locations and
water main sizing prior to building pennit issuance. Equipment and staffing shall be provided for
watering of all exposed or disturbed soil surfaces at least twice daily. An appropriate dust
palliative or suppressant, added to water before application. shall be utilized, subject to review
and approval by the Building. Life, and Environmental Safety Division.
11. An all-weather access road for fire engines shall be provided before commencing any
combustible construction. Fire hydrants shall also be installed and maintained before
combustible construction begins.
12. Hydrant locations and water main sizing shall be subject to approval by the Building, Life. and
Environmental Safety Division. prior to the issuance of any building pennits.
13. Prior to street completion the Fire Marshal shall be contacted and a fire clearance for offside
improvements shall be scheduled.
14. Fire Hydrants shall be able to flow 1.500 gpm with a 20 psi residual pressure for homes up to
3.600 square feet. Street Hydrants shall be spaced every 300 feet, and within 150 feet of any
building. Hydrants shall be installed prior to commencement of construction with combustible
materials. The most remote hydrant shall be flow tested by the Fire Marshal prior to possession
by the water department. Flow test shall be submitted to the Fire Marshal prior to the building
pennit. Curbing shall be painted red for 15 feet on each side of each hydrant.
15. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance of not less
than 15 feet shall be provided. Parking restriction shall be as follows:
a. 20 feet. no parking on either side
b. 28 feet. no parking on one side.
c. 36 feet parking not restricted.
16. Where parking is restricted, it shall be posted with signs for "No Parking-Fire Lane" and curbs
shall be painted red. Signage and curb painting shall be maintained in good condition.
17. Street signage shall be installed prior to anyon-site improvements (foundations or buildings) has
begun.
18. 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 height of not less than 36 inches from the
ground. All main address numbers shall be a minimum of 2.5 inches in height with a 3/8 inch
stroke and placed to read from left to right and/or top to bottom.
AJS 05-29
Final Conditions of Approval
3
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Enl!ineerin2: Division (contact Kristi Abrams. 846-0450~ Kristi.Abrams@ci.gilroy.ca.us 846-0450)
19. Street improvements and the design of all storm drainage, sewer~ and water lines. and all street
sections and widths shall be subject to the review and approval of the Engineering Division.
20. The Engineering Division shall assign street addresses.
21. The applicant shall provide a soils report to the Engineering Division.
Buildiue Division (contact Stephen Lau at 846-0430, Stephen.Lau@ci.gilroy.ca.us846.0450)
22. The following language shall be included on any permits issued at the project site. subject to the
review and approval of the Gilroy Engineering and Building Divisions. "All construction
activities shall be limited to weekdays between 7:00 AM and 7:00 PM, and to Saturdays between
9:00 AM and 7:00 PM. No construction is allowed on Sundays or City holidays."
Community Service (Contact Carla Ruigh at 846-0460, Carla.Ruigh@cLgilroy.ca.us)
23. The developer shall be required to install street trees according to the Consolidated Landscaping
Policy. The developer will be required to obtain a Street Tree Permit prior to installation of the
trees.
24. The applicant shall prepare a landscaping plan for the landscape area located adjacent to Santa
Teresa Boulevard~ subject to the review and approval of the Operations Services Manager.
25. The applicant shall landscape the area located adjacent to Santa Teresa Boulevard per the
landscaping plan required by condition 24.
Community Development Department
Plannin,g Division
NEGATIVE
DECLARATION
City of Gilroy
7351 Rosanna St.
Gilroy. CA 95020
(408) 846-0440
City File Number: TM 01-03
Proiect Descriution:
Name of Project:
Nature of Project:
Rancho Hills/Deer park Subdivision
Tentative Map to create 227 residentia110ts and three remainder
parcels on a 76:t:-acre site. The total build out of this site will
result in the development of 334 single-family homes.
Protect Location:
Location: Property is located north and south of Sunrise Drive, west of Santa Teresa
Boulevard
Assessor's P.arcel Numbers: 783-20-003. 783-20-004, 783...20-035. 783-20-038. and
783-20-041.
Entity or Person(s) Undertakine. Proiect:
Name:
Address:
Glen Lorna Group (c/o John Filice)
7888 Wren Avenue, Suite 0-143, 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.
Rancho Hills/Deer Park Subdivision
Revised Negative Declaration
2
1/2112003
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 constructioI:1 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 lnitial Study. and this Negative Declaration reflects the
independent judgement of the City of Gilroy.
Mitiution Measures:
I. The following dust control measures shall be incorporated into all pennits for any phase of
proposed construction on the project site. The measures shall be implemented as necessary to
adequately control dust subject to the review and approval of the Gilroy Engineering and
Building Division.
The following measures shall be implemented at all construction sites:
~ Water all active construction areas at least twice daily;
~ Co~er aU trucks hauling soil, sand. and other loose materials or require all trucks to
maintain at least two feet of freeboard;
~ Pave, apply water three times daily. or apply (non~toxic) soil stabilizers on all unpaved
access roads, parking areas and staging areas at construction sites;
~ Sweep daily (with water sweepers) all paved access roads. parking areas and staging areas
at construction sites;
Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent
public streets.
The followmg additional measures shall be implemented at construction sites greater than four
acres In area:
Rancho HillsIDeer Park Subdivision
Revised Negative Declaration
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~ Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously
graded areas inactive for ten days or more);
~ Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles
(dirt, sand, etc.);
~ Limit traffic speeds on unpaved roads to IS mph;
~ Install sandbags or other erosion control measures to prevent silt runoff to public roadways;
~ Replant vegetation in disturbed areas as quickly as possible.
The following measures may be implemented at construction sites that are very large or are located
near sensitive receptors:
Install wheel washers for an existing trucks. or wash off the tires or tracks of all trucks and
equipment leaving the site;
. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles
per hour;
~ Limit the area subject to excavation. grading and other construction activity at anyone
time.
I
2. Subject to the review of the City of Gilroy Planning Division. no more than 30 days prior to
commencement of grading or construction activities on the project site. field surveys shall be
conducted by a qualified biologist to detennine if burrowing owls are present in the construction
zone or within 200 feet of the construction zone. Areas within 200 feet of the construction zone
that are not within the control of the applicant shall be visually assessed from the project site.
These surveys shall be required only if any construction would occur during the nesting and/or
breeding season of burrowing owls (February 1 through August 31) and/or during the winter
residency period (December 1 through January 31). If active nests are found in the survey area, a
burrowing owl habitat mitigation plan shall be submitted to the California Department of Fish
and Game for review and approval. The burrowing owl habitat mitigation plan shall contain
mitigation measures contained in the California Department of Fish and Game Staff Report on
Burrowing Owl Mitigation (California Department of Fish and Game 1995). Compliance with
this mitigation measure may include. but not be limited to, the following:
A voidance of occupied burrows during the nesting season (February 1 through August 31);
Acquisition. protection and funding for long-term management and monitoring of foraging
habitat adjacent to occupied habitat;
Enhancement of existing burrows and/or creation of new burrows;
Passive relocation of burrowing owls.
Rancho HillsIDeer Park Subdivision
Revised Negative Declaration
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1/21/2003
3. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to
commencement of grading or construction activities occurring within 200 feet of trees located on
and adjacent to the project site. a tree survey shall be conducted by a qualified biologist to
detennine if active nest(s) of protected birds are present in the trees. Areas within 200 feet of the
construction zone that are not within the control of the applicant shall be visually assessed from
the project site. This survey shall be required only if any construction would occur during the
nesting and/or breeding season of protected bird species potentially nesting in the tree (generally
March 1 through August I). If active nest(s) are found. clearing and construction within 200 feet
of the tree shall be postponed or halted until the nest(s) are vacated and juveniles have fledged
and there is no evidence of a second attempt at nesting. at the discretion of the biologist. If
construction activities are not scheduled between March 1 and August 1. no further surveys of
the tree shall be required.
4. Prior to the issuance of a building pennit. the project developer shall submit a Landscape Plan.
for review and approval by the City of Gilroy Planning DivisiQn, indicating the location, size and
species of existing trees found within the project site bOWldaries. The plan shall indicate which
trees are planned for removal. Based on review of the Landscape Plan. the City shall detennine
which trees, if any, are "significant."
If significant trees are detennined to be located on the project site. these trees shall be retained, to
the greatest extent feasible. The dripline of significant trees to be retained shall be fenced prior
to grading activities to prevent root damage. If retention of all significant trees on the project site
is not feasible. a written report shall be prepar~ by a certified arborist including the number and
location of each significant tree to be removed. the type and approximate size of each significant
tree, the reason for removal. and speCifications for replacing significant trees to be removed. The
written report shall be prepared prior to the commencement of grading activities. subject to
approval by the City of Gilroy Planning Division.
5. Due to the possibility that significant buried cultural resources might be found during
construction the following language shall be included any permits issued for the project site.
including, but not limited to building permits for future development. subject to the review and
approval of the Gilroy Planning Division:
If archaeological resources or human remains are discovered during construction, work
shall be halted at a minimum of 200 feet from the find and the area shall be staked off.
The project developer shall notify a qualified professional archaeologist. If the find 1S
determined to be significant, appropriate mitigation measures shall be formulated and
implemented.
6. In the event of an accidental discovery or recognition of any human remains in any
location other than a dedicated cemetery. the City shall ensure that this language is
included in all permits in accordance with CEQA Guidelines section 15064.5(e):
If human remll1ns are found durmg construction there shall be no further excavation
or dIsturbance of the site or any nearby area reasonably suspected to o'oerlie adjacent
human remains until the coroner of Santa Clara Counh} is contacted to determine
that no investigation of the cause of death is required. If the coroner determines the
remains to be Native American the coroner shall contact the Native American
Rancho Hills/Deer Park Subdivision
Revised Negative Declaration
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1/21/2003
Heritage Commission within 24 hours. The Native American Heritage Commission
shall identify tire person or persons it believes to be the most likely descendent from
the deceased Native American. The most likgly descendent may then make
recommendations to the landowner or the person responsible for the excavation 'Work,
for means of treating or disposing of, 'l(1ith appropriate dignity, the human remains
and associated grave goods as provided in Public Resources Code Section 5097.98.
The landowner or his authorized representative shall rebury the Native American
human remains and associated grave goods with appropriate dignity on the property
in a location not subject to further disturbance if: a) the Native American Heritage
Commission is unable to identify a most likely descendent or the most likely
descendent failed to make a recommendation within 24 hours after being notified by
the commission; b) the descendent identified fails to make a recommendation; or c) the
landowner or his authorized representative rejects the recommendation of the
descendent, and the mediation by the Native American Heritage Commission fails to
provide measures acceptable to the landowner.
7. The project developer shall submit a soils investigation prepared for the project by a
qualified soils engineer. The recommendation of the soils investigation shall be
incorporated into the final building plans and shall be reviewed and approved by the
Gilroy Engineering Division prior to approval ofthe building permit. The purposes of the
soils investigation are to detennine the exact soils characteristics and limitations on the
site. and to recommend appropriate engineering specifications for development of the
site.
8. Prior to any demolition, grading, or construction activities on the project site, the
applicant shall prepare a storm water pollution prevention program under the National
Pollution Discharge Elimination System General Construction permit. The Stonn Water
Pollution Prevention Program is subject to review and approval by the Central Coast
Regional Water Quality Control Board and the Gilroy Engineering Division
9. Prior to any grading or construction activities within 50 feet of the Santa Clara Valley
Water District canal, the applicant shall obtain a permit from the Santa Clara Valley
Water District.
10. Design an acoustically-effective noise barrier that meets the General Plan noise standards and
incorporate it into the final improvement plans. subject to review and approval by the City
Planning Division, pnor to the approval of the final map for each phase ofthe project.
This project shall attenuate sound along Santa Teresa BouLevard by constructing an acoustically
effective barrier that complies with the City's Guidelines for Sound Attenuation and Visual
Preservation of the Santa Teresa Boulevard Corridor. Specifically. this project shall use the
following measures to attenuate noise:
. Distance from the roadway
. Landscaping
. Senn with short aesthetic solid wall
Rancho HilIs/Deer Park Subdivision
Revised Negative Declaration
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1/21/2003
11. Install windows rated with a minimum Sound Transmission Class (STC) 28 at aU noise-
impacted facades along Santa Teresa Boulevard. Provide some type of mechanical
ventilation. Provide some type of mechanical ventilation, as all windows of second floor
living spaces within 360 feet ofthe centerline of Santa Teresa Boulevard and with a direct
or side view of the roadway should remain closed at all times to maintain acceptable
interior noise.
12. Install windows rated with a minimum Sound Transmission Class (STC) 28 at the
windows of second floor and unshielded first floor living spaces within 140 feet of the
centerline of Sunrise Drive and with a direct side view of the roadway. Provide some
type of mechanical ventilation, as all windows in these spaces should remain closed at all
times to maintain acceptable interior noise.
13. The following language shall be included on any permits issued at the project site. subject to the
review and approval of the Gilroy Building Division. II All construction activities shall be
limited to weekdays between 7:00 AM and 7:00 PM, and to Saturdays and City holidays
between 9:00 AM and 7:00 PM. No construction is allowed on Sundays. II
14. The project proponent shall prepare and implement a noise attenuation. landscape and
irrigation plan to include, but not be limited to the following:
The noise attenuation feature design shall include landscaping that will not only be
aesthetically.pleasing but will also discourage graffiti. Electrical serviced and water
service shall be provided to the landscaped area.
A funding mechanism shall be provided for the maintenance of the sound attenuation
feature and landscaping.
15. The roadway improvement described below is regional in nature. It is required for this,
and other Gilroy projects to improve intersection operations to acceptable levels of
service. The project proponent shall be subject to the following:
~ The project proponent shall make a "fair share" (pro-rata based on traffic added)
contribution acceptable by the Santa Clara County Public Works Director in lieu of
installing a traffic signal at the intersection of Santa Teresa Boulevard/Fitzgerald
Avenue. The applicant's contribution toward this improvement fulfills this mitigation
requirement and relieves the applicant of further responsibility associated with the
improvement in conjunction with Tentative Map 01-03 and the associated
environmental document. The project applicant shall be responsible for retaining a
qualified traffic consultant to determine the "falr share" contribution. In the event that
the County does not accept the applicant's contribution, the applicant will pay to the
City of Gilroy the amount determined by the applicant's traffic consultant as approved
by City staff. The City will then determine the appropnate time to compensate for this
Improvement.
16. The project proponent shall include the following road improvement plans with the Final Map.
The improvements, shall be constructed prior to occupancy of the last unit or as projected to meet
warrant, whichever comes first, subject to the review and approval of the City Engineer,
Rancho HillsIDeer Park Subdivision
Revised Negative Declaration
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. Traffic signal installation at the intersection of Santa Teresa Boulevard/Sunrise Drive;
. Pavement and lane installation on Santa Teresa Boulevard necessary to accommodate
the traffic signal movements.
17. The project developer shall construct a continuous sidewalk. with wheelchair curb ramps at all
driveways and intersections in compliance with the Americans with Disabilities Act (ADA),
along the portion of Sunrise Drive that borders the project site. Subject to the review and
approval of the Gilroy Engineering Division.
Date Prepared: October 7. 2002
End of Review Period: October 30, 2002
Date Adopted by City Council: JallUary 21.2003
William Faus
Planning Division Manager
Rancho Hills/Deer Park Subdivision Mitigation Monitoring Checklist
Step 1. Prior to approval of the fmal map, the following mitigation measures shall be
addressed:
Mitigation Measure 10
Design an acoustically-effective noise barrier that meets the General Plan noise
standards and incorporate it into the final improvement plans. subject to review and
approval by the City Planning Division, prior to the approval of the final map for each
phase of the project.
This project shall attenuate sound along Santa Teresa Boulevard by cQnstructing an
acoustically effective barrier that complies with the City's Guidelines for Sound
Attenuation and Visual Preservation of the Santa Teresa Boulevard Corridor.
Specifically, this project shall use the following measures to attenuate noise:
. Distance from the roadway
. Landscaping
. Berm with short aesthetic solid wall
Party Responsible jiJr Implementation:
Party Responsible Jor Monitoring:
Applicant
Gilroy Planning Division
Mitigation Measure 14
The project proponent shall prepare and implement a noise attenuation, landscape and
irrigation plan to include, but not be limited to the following:
The noise attenuation feature design shall include landscaping that will not only
be aesthetically-pleasing but will also discourage graffiti. Electrical serviced and
water service shall be provided to the landscaped area.
A funding mechanism shall be provided for the maintenance of the sound
attenuation feature and landscaping,
Party Responsible for Implementation:
Party Responsible for Moniton'ng:
Applicant
Gilroy Planning Division
Exhibit A
Mitigation Measure 16
The project proponent shall include the following road improvement plans with the
Final Map. The improvements. shall be constructed prior to occupancy of the last unit or
as projected to meet warrant, whichever comes first, subject to the review and approval
of the City Engineer.
· Traffic signal installation at the intersection of Santa Teresa Boulevard/Sunrise
Drive;
· Pavement and lane installation on Santa Teresa Boulevard necessary to
accommodate the traffic signal movements.
Party Responsible for Implementation:
Applicant
Party Responsible for Monitoring:
Gilroy Engineering Division
Step 2 The following mitigation measures shall be implemented prior to issuance of a
grading permit:
Mitigation Measure 1
The following dust control measures shall be incorporated into all permits for any phase
of proposed construction on the project site. The measures shall be implemented as
necessary to adequately control dust subject to the review and approval of the Gilroy
Engineering and Building Division.
The following measures shall be implemented at all construction sites:
Water all active construction areas at least twice daily;
Cover all trucks hauling soil, sand, and other loose materials or require all trucks
to maintain at least two feet of freeboard;
· Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all
unpaved access roads, parking areas and staging areas at construction sites;
Sweep daily (with water sweepers) all paved access roads, parking areas and
staging areas at construction sites;
· Sweep streets daily (with water sweepers) if visible soil material is carried onto
adjacent public streets.
The following additional measures shall be implemented at construction sites
greater than four acres in area:
Exhibit A
Rancho HitfsIDeer Park Subdivision
Mitigation Monitoring Checklist
· Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas
(previously graded areas inactive for ten days or more);
· Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed
stockpiles (dirt. sand, etc.);
I
(
· Limit traffic speeds on unpaved roads to 15 mph;
. Install sandbags or other erosion control measures to prevent silt runoff to public
roadways;
· Replant vegetation in disturbed areas as quickly as possible.
The following measures may be implemented at construction sites that are very
large or are located near sensitive receptors:
· Install wheel washers for all existing trucks. or wash off the tires or tracks of all
trucks and equipment leaving the site;
· Suspend excavation and grading activity when winds (instantaneous gusts)
exceed 25 miles per hour;
· Limit the area subject to excavation, grading and other construction activity at
anyone time.
Party Responsible for Implementation:
Party Responsible for Monitoring:
Applicant
Gilroy Planning and Building Division
Mitigation Measure 2
Subject to the review of the City of Gilroy Planning Division. no more than 30 days
prior to commencement of grading or construction activities on the project site, field
SUI'V'eys shall be conducted by a qualified biologist to determine if burrowing owls are
present in the construction zone or within 200 feet of the construction zone. Areas
within 200 feet of the construction zone that are not within the control of the applicant
shall be visually assessed from the project site. These surveys shall be required only if
any construction would occur during the nesting and/ or breeding season of burrowing
owls (February 1 through August 31) and/ or during the winter residency period
(December 1 through January 31). Ifactive nests are found in the survey area, a
burrowing owl habitat mitigation plan shall be submitted to the California Department
ofFish and Game for review and approval. The burrowing owl habitat mitigation plan
shall contain mitigation measures contained in the California Department of Fish and
Game Staff Report on Burrowing Owl Mitigation (California Department ofFish and
Game 1995). Compliance with this mitigation measure may include, but not be limited
to, the following:
Exhibit A
Rancho Hills/Deer Park Subdivision
Mitigation Monitoring Checklist
· Avoidance of occupied burrows during the nesting season (February 1 through.
August 31);
· Acquisition. protection and funding for long-term management and monitoring
of foraging habitat adjacent to occupied habitat;
· Enhancement of existing burrows and/ or creation of new burrows;
· Passive relocation of burrowing owls.
Party Responsible for Implementation:
Party Responsible for Monitoring:
Applicant
Gilroy Planning Division
Mitigation Measure 5
Due to the possibility that significant buried cultural resources might be found during
construction the following language shall 'be included in any permits issued for the
project site. including, but not limited to building permits for future development, subject
to the review and approval of the Gilroy Planning Division:
IT archaeological resources or human remains are discovered during
construction. work shall be halted at a minimum of 200 feet from the find
and the area shall be staked off. The project developer shall notify a
qualified professional archaeologist. IT the find is determined to be
significant. appropriate mitigation measures shall be formulated and
implemented.
Party Responsible for Implementation:
Party Responsible for Monitoring:
Applicant
Gilroy Planning Division
Mitigation Measure 6
In the event of an accidental discovery or recognition of any human remains in any
location other than a dedicated cemetery, the City shall ensure that this language is
included in all permits in accordance with CEQA Guidelines section 15064.5(e):
If human remains are found during construction there shall be no further
excavation or disturbance of the site or any nearby area reasonably
suspected to overlie adjacent human remains until the coroner of Santa
Oara County is contacted to determine that no investigation of the cause
of death is required. If the coroner determines the remains to be Native
American the coroner shall contact the Native American Heritage
Commission within 24 hours. The Native American Heritage
Commission shallldentify the person or persons it believes to be the most
likely descendent from the deceased Native American. The most likely
Exhibit A
Rancho HillsIDeer Park Subdivision
Mitigation Monitoring Checklist
descendent may then make recommendations to the landowner or the
person responsible for the excavation work, for means of treating or
disposing of, with appropriate dignity, the human remains and associated
grave goods as provided in Public Resources Code Section 5097.98. The
landowner or his authorized representative shall rebury the Native
American human remains and associated gra,ve goods with appropriate
dignity on the property in a location not subject to further disturbance if:
a) the Native American Heritage Commission is unable to identify a most
likely' descendent or the most likely descendent failed to make a
recommendation within 24 hours after being notified by the commission;
b) the descendent identified fails to make a recommendation; or c) the
landowner or his authorized representative rejects the recommendation of
the descendent. and the mediation by the Native American Heritage
Commission fails to provide measures acceptable to the landowner.
Party Responsible for Implementation:
Party Responsible for Monitoring:
Applicant
Gilroy Planning Division
Mitigation Measure 8
Prior to any demolition, grading, Of construction activities on the project site. the
applicant shall prepare a storm water pollution prevention program under the National
Pollution Discharge Elimination System General Construction permit. The storm water
pollution prevention program shall include grease traps and a sedimentation basin
adequate for filtering out heavy storm water contaminants such as silt. Additional
measures as presented in "Start at the Source. Design Guidance Manual for Storm
Water Quality Protection," prepared by the Bay Area Storm Water Management
Agencies Association may be included in the plan as needed. The storm water pollution
prevention program is subject to review and approval by the Central Coast Regional
Water Quality Control Board and the Gilroy Engineering Division.
Party Responsible for Implementation:
Party Responsible for Monitoring:
Applicant
Gilroy Engineering Division
Mitigation Measure 9
Prior to any grading or construction activities within SO feet of the Santa Clara Valley
Water District canal, the applicant shall obtain a permit from the Santa Clara Valley
Water District.
Party Responsible for Implementation:
Party Responsible for Monitoring:
Applicant
Gilroy Engineen'ng Division
Exhibit A
Rancho HillslDeer Park Subdivision
Mitigation Monitoring Checklist
Mitigation Measure 13
The following language shall be included on any permits issued at the project site,
subject to the review and approval of the Gilroy Building Division. "All construction
activities shall be limited to weekdays between 7:00 AM and 7:00 PM. and to Saturdays
and City holidays between 9:00 AM and 7:00 PM. No construction is allowed on
Sundays."
Party Responsible for Implementation:
Party Responsible for Monitoring:
Applicant
Gilroy Building Division
Step 3 The following mitigation measures shall be implemented prior to issuance of a
building permit:
Mitigation Measure 3
Subject to the review of the City of Gilroy Planning Division, no more than 30 days
prior to commencement of grading or constrUction activities occurring within 200 feet of
trees located on and adjacent to the project site, a tree survey shall be conducted by a
qualified biologist to determine if active nest(s) of protected birds are present in the trees.
Areas within 200 feet of the construction zone that are not within the control of the
applicant sball be visually assessed from the project site. This survey sball be required
only if any construction would occur during the nesting and/ or breeding season of
protected bird species potentially nesting in the tree (generally March 1 through August
1). If active nest(s) are found, clearing and construction within 200 feet of the tree shall
be postponed or baIted until the nest(s) are vacated and juveniles have fledged and there
is no evidence of a second attempt at nesting, at the discretion of the biologist. If
construction activities are not scheduled between March 1 and August 1, no further
surveys of the tree shall be required.
Party Responsible for Implementation:
Party Responsible for Monitoring:
Applicant
Gilroy Planning Division
Mitigation Measure 4
Prior to the issuance of a building permit, the project developer shall submit a Landscape
Plan, for review and approval by the City of Gilroy Planning Division, indicating the
location, size and species of existing trees found within the project site boundaries. The
plan shall indicate which trees are planned for removal. Based on review of the
Landscape Plan, the City shall determine which trees, if any, are "significant."
If significant trees are determined to be located on the project site, these trees shall be
retained, to the greatest extent feasible. Tbe dripline of significant trees to be retained
shall be fenced prior to gradmg activities to prevent root damage. If retention of all
significant trees on the project site is not feasible, a written report shall be prepared by a
Exhibit A
Rancho HiflsIDeer Park SubdivisIon
Mitigation Monitoring Checklist
certified arborist including the number and location of each significant tree to be
removed, the type and approximate size of each significant tree, the reason for removal,
and specifications for replacing significant trees to be removed. The written report shall
be prepared prior to the commencement of grading activities. subject to approval by the
City of Gilroy Planning Division.
Party Responsible for Implementation:
Party Responsible for Monitoring:
Applicant
Gilroy Planning Division
Mitigation Measure 7
The project developer shall submit a soils investigation prepared for the project by a
qualified soils engineer. The recommendation of the soils investigation shall be
incorporated into the final building plans and shall be reviewed and approved by the
Gilroy Engineering Division prior to approval of the building permit. The purposes of
the soils investigation are to determine the exact soils characteristics and limitations on
the site, and to recommend appropriate engineering specifications for development of
the site.
Party Responsible for Implementation:
Party Responsible.for Monitoring:
Applicant
Gilroy Engineering Division
Mitigation Measure 11
Install windows rate minimum Sound Transmission Class (STC) 28 at all noise-
impacted facades along Santa Teresa Boulevard. Provide some type of mechanical
ventilation. Provide some type of mechanical ventilation, as all windows of second floor
living spaces within 360 feet of the centerline of Santa Teresa Boulevard and with a
direct or side view of the roadway should remain closed at all times to maintain
acceptable interior noise.
Party Responsible.for Implementation:
Party Responsible fOr Monitoring:
Applicant
Gilroy Building Division
Mitigation Measure 12
Install windows rated minimum Sound Transmission Class (STC) 28 at the windows of
second floor and unshielded first floor living spaces within 140 feet of the centerline of
Sumise Drive and with a direct side view of the roadway. Provide some type of
mechanical ventilation, as all windows in these spaces should remain closed at all times
to maintain acceptable interior noise.
Party Responsible for Implementation:
Party Responsible for Moniton'ng:
Applicant
Gtlroy Building Division
Exhibit A
Rancho Hills/Deer Park Subdivision
Mitigation Monitoring Checklist
Step 4 Prior to occupanc:y of the homes, the following mitigation measures shall be
implemented:
Mitigation Measure 10
Construct the acoustically-effective barriers designed in the final improvement plans
during each phase of construction.
Party Responsible for Implementation:
Party Responsible for Monitoring:
Applicant
Gilroy Building Division
Mitigation Measure 17
The project developer shall construct a continuous sidewalk, with wheelchair curb ramps
at all driveways and intersections in compliance with the Americans with Disabilities
Act (ADA), along the portion of Sunrise Drive that borders the project site. Subject to
the review and approval of the Gilroy Engineering Division.
Party Responsible for Implementation:
Applicant
Party Responsible for Monitoring:
Gilroy Engineering Division
Mitigation Measure 16
The project proponent shall include the following road improvement plans with the
Final Map. The improvements. shall be constructed prior to occupancy of the last unit or
as projected to meet warrant, whichever comes first, subject to the review and approval
of the City Engineer.
· Traffic signal installation at the intersection of Santa Teresa Boulevard/Sumise
Drive;
· Pavement and lane installation on Santa Teresa Boulevard necessary to
accommodate the traffic signal movements.
Party Responsible for Implementation:
Applicant
Party Responsible for Monitoring:
Gilroy Engineering Division
Step 5 Prior to occupancy of the seventieth (70th) home, the following mitigation
measures shall be implemented:
Mitigation Measure 15
The roadway improvement described below is regional in nature. It is required for this,
and other Gilroy projects to improve intersection operations to acceptable levels of
service. The project proponent shall be subject to the following:
Exhibit A
Rancho Hms/Deer Park Subdivision
Mitigation Monitoring Checklist
.
The project proponent shall make a "fair share" (pro-rata based on traffic added)
contribution acceptable by the Santa Gara County Public Works Director in lieu
of installing a traffic signal at the intersection of Santa Teresa
Boulevard/Fitzgerald Avenue. The applicant's contrib\ltion toward this
improvement fulfills this mitigation requirement and relieves the applicant of
further responsibility associated with the improvement in conjunction with
Tentative Map 01-03 and the associated environmental document. The project
applicant shall be responsible for retaining a qualified traffic consultant to
determine the "fair share" contribution. In the event that the County does not
accept the applicant's contribution. the applicant will pay to the City of Gilroy
the amount determined by the applicant's traffic consultant as approved by City
staff. The City will then detennine the appropriate time to compensate for this
improvement.
(
Party Responsible for Implementation:
Party Responsible for Monitoring:
Applicant
Gilroy Engineering Division and Santa Clara
County Public Works Department
Exhibit A
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2010-63 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 6th day of December, 2010, 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 14th day of December, 2010.
(Seal)