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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 -1- \DUNG0\834325.1 112410-04706089 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. -2- \DUNG0\834325.1 112410-04706089 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 -3- \DUNG0\834325.1 112410-04706089 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 3 617/06 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 3 1/21/2003 ~ 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 4 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 5 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 6 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 7 1/21/2003 . 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)