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Resolution 2011-12 RESOLUTION NO. 2011-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 10-04, A TENTATIVE MAP OF THE RANCHO MEADOWS IV RESIDENTIAL SUDVISION ON APPROXIMATELY 7.6 ACRES LOCATED SOUTH OF SPRIG WAY, BETWEEN RODEO DRIVE AND SANTA TERESA BOULEVARD, APN 783-20-061 WHEREAS, DeN ova Homes submitted application TM 10-04 requesting a tentative map to subdivide an approximately 7.6 acre site into forty-one (41) residential lots ("the Project") on APN 783-20-061, located south of Sprig Way, between Rodeo Drive and Santa Teresa Boulevard; and WHEREAS, the Planning Commission held a duly noticed public hearing on January 6, 2011, at which time the Planning Commission considered the public testimony, the staff report dated January 6, 2011 ("Staff Report"), and all other documentation related to application TM 10-04, and recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public hearing on January 24, 2011, and considered the public testimony, the Planning Commission Staff Report, a supplemental staff report, and all other documentation related to application TM 10-04 and requested City Staff to prepare resolutions of approval for the Project; and WHEREAS, the City Council determined that as the required PUD amenity, prior to Final Map approval, the developer shall enter into an agreement with the City to contribute $50,000 for parks equipment, with the ultimate use of the funds subject to City Council approval; and, WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council after consideration of the revised mitigated negative declaration prepared for the Project IDUNG0\839468.1 013111-04706089 - 1- Resolution No. 2011-12 on January 24, 2011, adopted "the Rancho Meadows IV Subdivision Negative Declaration," finding that it was completed in compliance with CEQA, that it reflects the independent judgment of the City, and that there is no substantial evidence in the entire record that the Project as mitigated will have a significant effect on the environment; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this Project approval is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT: SECTION I The City Council hereby finds as follows: I. Public utilities and infrastructure improvements needed to serve the Project are in close proximity to the Project site. 2. The proposed Project is consistent with the City's General Plan and the land use designation for the property on the General Plan map (Low Density Residential). 3. The proposed Project is consistent with the City's Zoning Ordinance and Subdivision and Land Development Code, and with the State Subdivision Map Act. 4. There is no substantial evidence in the entire record that the Project as mitigated will have any significant effects on the environment 5. There are no facts to support the findings reqUITIng denial of the proposed tentative map under California Government Code section 66474. SECTION II Tentative Map TM 10-04 should be and hereby is approved, subject to the conditions of approval set forth in Exhibit "A" attached hereto and entitled "TM 1 0-04 Rancho Meadows Final IDUNG0\839468.1 013111-04706089 - 2- Resolution No. 2011-12 Conditions of Approval", and subject to the Mitigation Measures in the Mitigated Negative Declaration and the Mitigation Monitoring Reporting Program for the project, attached hereto as Exhibit "B." SECTION III This Resolution shall take effect only if, and upon the same date that Ordinance 2011-02 takes effect approving zoning application Z 10-05. If said ordinance does not take effect, then this Resolution shall be null and void without further action by the City Council, and application TM 10-04 shall be deemed denied. PASSED AND ADOPTED this 7th day of March, 2011 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, DILLON, LEROE- MuNoz, TUCKER NONE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: WOODWARD and PINHEIRO APPROVED: tl~. ,F {uc~ Cat Tucker, Mayor Pro Tempore IDUNG0\839468.1 013111-04706089 - 3- Resolution No. 2011-12 TM 1 0-04 Rancho Meadows Final Conditions of Approval Planning Division (contact Melissa Durkin at 846-0440, Melissa.Durkin@ci.gilroy.ca.us) 1. Approval of TM 10-04 is subject to the applicant receiving approval of RDO housing Exemption application RDO HE 10-03 and Zone Change application Z 10- 05. 2. The developer shall submit a copy of the Conditions, Covenants and Restrictions to the Planning Division for approval prior to submittal of the Final Map. 3. Prior to Final Map approval, the developer shall enter into an agreement with the City to contribute $50,000 for parks equipment. The Parks and Recreation Commission shall explore the best use for this financial contribution and submit a recommendation to the City Council. The Parks and Recreation Commission shall give first priority to exploring the feasibility of using the financial contribution to develop a girls softball field at Sunrise Park. City Attorney (contact Linda Callon at 286-5800, Iinda.callon@berliner.com) 4. No building permit shall be issued in connection with this project if the owner or developer of such development (i) is not in compliance with the City's Residential Development Ordinance (City Zoning Ordinance Sections 50.60 et seq.) referred to as the RDO, any conditions of approval issued in connection with such development, or City requirements applicable to such development; or (ii) is in default under any agreement entered into with the City in connection with such development pursuant to the RDO. The project must also comply with any condition of exemption granted from the RDO, including but not limited to time limits in obtaining City approvals and completion of construction of the dwelling units. 5. The subdivider shall defend, indemnify, and hold harmless the City, its City Council, Planning Commission, agents, officers, and employees from any claim, action, or proceeding against the City or its City Council, Planning Commission, agents, officers, and employees to attack, set aside, void, or annul an approval of the City, City Council, Planning Commission, or other board, advisory agency, or legislative body concerning this subdivision. City will promptly notify the subdivider of any claim, action, or proceeding against it, and will cooperate fully in the defense. This condition is imposed pursuant to California Government Code Section 66474.9. Engineering Division (contact Daniel Hughes or Sandra Meditch at 846-0451, daniel.hughes@ci.gilroy.ca.us; sandra.meditch@ci.gilroy.ca.us) 6. Provide document information for all existing easements. 7. Show existing/proposed conditions on Sprig Way, including existing overhead. 8. Site plan shall be prepared by a California-registered Civil Engineer and shall include license number and stamped (seal) when civil work is required. EXHIBIT A TM 10-04 Final Conditions of Approval 2 317/11 9. Grading, erosion control and drainage plans are required and shall be subject to the review and approval of the Engineering Division prior to Final Map and/or Improvement plan approval. 10.AII work is to be done in compliance with the City of Gilroy Specifications Standards and Design Criteria and is subject to all laws of this community by reference. Street improvements and the design of all storm drainage, sewer and water lines, and all street sections shall be in accordance with City Standards and shall follow the most current Master plan for streets and each utility. The developer shall provide full street, curb, gutter, sidewalk and electrolier improvements. Street section/design is to be per City Standards (note that private streets are standards STR-3A through STR-4B). 11. Site preparation and fill construction shall be conducted under the observation of, and tested by, a licensed soils or geotechnical engineer. A report shall be filed with the City of Gilroy stating that all site preparation and fill construction meets the requirements of the geotechnical investigation. This shall be subject to review and approval by the Engineering Division. 12.Add following note to improvement (civil) plan title sheet above City Engineer's signature block: GENERAL APPROVAL NOTE Approval of these plans does not release the developer from correction of mistakes, errors, or omissions contained therein. If, during the course of construction, the public interest requires a modification or a departure from the City specification or the approved plans, the City shall have the authority to require such modifications or departure and specify the manner in which the same is to be made. 13. Damaged curb, gutter, sidewalk, and driveway approaches to remain along project frontagellimits shall be replaced to meet current City Standards, as applicable, and conform to adjacent properties. 14.Any work in the public right-of-way shall require a signing and striping plan and a traffic control plan prepared by a licensed, professional engineer with experience in preparing such plans. Signage and striping plans shall be overlaid on an existing, current aerial. Where proposed improvements are an extension of an existing street and/or "conform" to existing, adjacent improvements, signing and striping plans shall encompass the minimum areas indicated in the City's current policy. Traffic Control Plan shall be prepared in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices. 15. Lot size and easements are to correspond with the tract map and shall be shown on the improvement plans. 16. All grading operations and soil compaction activities shall be per the approved soils report and shall meet with the approval of the City Engineer. Grading plans shall show the grades of all adjacent properties. 17. New and existing utility lines, appurtenances, and associated equipment, including but not limited to electrical transmission, street lighting, and cable television shall be required to be placed underground, refer to Section 21, Article V of the Municipal Code. EXHIBIT A TM 10-04 Final Conditions of Approval 3 317/11 18. The developer shall negotiate right-of-way with Pacific Gas and Electric and other utilities subject to the review and approval of the Engineering Division and the utility companies. 19. Certification of improvements necessary to serve each phase of development is required prior to Building final (add to general notes on Title sheet of plans). 20.As part of the first submittal for Final Map, the developer shall submit vector based electronic files readable by AutoCAD and in PDF format. Additionally, after the Final Map and Improvement Plans have been found to be technically correct and in substantial conformance with the Tentative Map, the developer shall again submit vector based electronic files readable by AutoCAD and in PDF format. 21.A SWPPP and an Erosion Control Plan is required for all development over 1 acre and shall be filed with the City. WDID# shall be provided prior to Improvement Plan / Final Map approval. 22. Certification of fire flow test is required prior to building permit issuance (add to general notes on Title sheet). 23. Certification of grades and compaction necessary to serve each phase of development is required prior to building permit final. This statement must be added as a general note to the Grading and Drainage Plan. 24. All retaining walls shall be masonry and shall be a modular system and/or cast in place concrete with a decorative surfacing. All site retaining walls are subject to the review and approval of the Planning, Building, and Engineering Divisions. Wood walls shall not be permitted. 25.lf the project has excess fill or cut that will be off-hauled to a site or on-hauled from a site within the city limits of Gilroy, an additional permit is required. This statement must be added as a general note to the Grading and Drainage Plan. 26. A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. 27. Location of monuments shall be tied out prior to work. Any City monument damaged, displaced or destroyed shall be replaced at the developer's sole expense. 28. The developer shall submit an estimate of the probable cost of developer-installed improvements with the Final map submittal. The developer shall also submit fees and bonds and enter into an improvement agreement prior to Final Map recordation. 29.ln the event it is necessary to acquire offsite easements or street right-of-way, the owner shall enter into an agreement with the City prior to Final Map approval agreeing to pay all condemnation costs, for dedication of all required easements or street right-of-way. This agreement shall be recorded and require the owner to deposit all condemnation costs with the City within 21 days of Final Map approval. The owner shall agree to provide an initial cash deposit as determined by the City. 30. Improvement plans are required for all improvements. Prior to Final Map approval and approval of the Improvement Plans, the following items will need to be completed: a. The developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of EXHIBIT A TM 10-04 Final Conditions of Approval 4 317/11 junction structures as a part of the Improvement Plan submittals for the project. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground.) b. A note shall be placed on the plans which states that the composite plan agrees with City Codes and Standards and that no underground utility conflict exists. c. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the City. d. The City will collect the plan check and inspection fee for the utility underground work. 31.A current Title Report shall be submitted for review to the City prior to Final map approval. 32. Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City: a. A professional engineer-signed and PG&E-approved original electric plan. b. A letter from the design Electrical or Civil Engineer that states the electrical plan conforms to City Codes and Standards, and to the approved subdivision improvement plans. 33. All lots shall drain to the street for storm drainage unless otherwise approved by the City Engineer. 34. Submit a Hazardous Material clearance for any underground tank removal from the appropriate agency. 35. The City shall be notified at least two (2) working days prior to the start of any construction work and at that time the contractor shall provide a project schedule and a 24-hour emergency telephone number list. 36.AII work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the City Engineer. 37. Reimbursement is required for any frontage infrastructure including but not limited to curb, gutter, sidewalk, storm, sewer, and water, constructed by others that benefits this development. 38. The permanent street name sign shall be installed immediately after the curb and gutter construction is complete. 39. The developer/contractor shall make accessible any or all City utilities as directed by the City Engineer. 40. Applicant shall be required to obtain a City of Gilroy encroachment permit for all work (i.e. sidewalk, curb, gutter, driveway, roadway, alley, etc.) in City right of way. 41. No utility boxes are allowed to be constructed in the sidewalk without prior written approved by the City Engineer. 42. Quad ducts shall be constructed under the landscaped area along Santa Teresa frontage and shall be connected to existing quad ducts. If there is an existing quad duct on the east side, the quad duct shall be extended to cross Santa Teresa for connection. 43. All storm drain run-off must be pre-treated prior to entrance into public storm drain system. Pre-treatment measures must be reviewed and approved by the Engineering Division prior to Final Map and/or Improvement Plan approval. EXHIBIT A TM 10-04 Final Conditions of Approval 5 317/11 44. Applicant shall be required to obtain a Santa Clara County encroachment permit for all work (Le. sidewalk, curb, gutter, driveway, roadway, etc.) along Santa Teresa Boulevard. 45. Prior to recordation of the final map, the developers shall enter into an agreement with the City of Gilroy that will address the installation and perpetual maintenance of landscaping for the area of land delineated from and including the proposed sound wall to the proposed back of curb along Santa Teresa Boulevard for the length of the project limits, as shown in the Rancho Meadows IV Tentative Map; establish developer funding for the construction and maintenance of said area during the establishment period; and establish the length of time for the plant establishment period during which the developer will maintain the improvements within said area. Funding for the long-term perpetual maintenance of said area/improvements may be in the form of a Home Owners Association, a Community Facilities District or other funding mechanism as deemed appropriate by the City of Gilroy (any/all costs associated with the formation of any/all funding mechanisms are to be the responsibility of the developer). This agreement shall be subject to the review and approval of the City Engineer, the Director of Planning and Environmental services and the Operations Manager. Said agreement may be made a part of the Property Improvement Agreement. Fire Department (contact Jackie Bretschneider at 846-0430, Jacqueline.Bretschneider@ci.gilroy.ca.us) TM Conditions shall be included on off-site improvement plans as "Fire Department Notes. " Fire TM Conditions: 46. Prior to street completion the Fire Marshal shall be contacted and a fire clearance for off-site improvements be scheduled. No building permits will be issued without a Fire -Off-Site Improvement Permit. 47. Fire Hydrants shall be installed per City Standards, including red curbing and blue dot setting. They shall be able to flow a minimum of 1500 gpm with a 20 psi residual pressure. Street Hydrants shall be spaced every 300 ft, and within 150 ft of any building. Hydrants shall be installed prior to commencement of construction with combustible materials. Fire Hydrant locations shall be approved by the Fire Marshal on the off-site improvements. As part of the off-site improvements a Fire - Off-Site Review fee shall be paid and a fire flow of the nearest fire hydrant will be conducted for the residential fire sprinkler calculations. Once improvements are in the Fire Marshall shall be contacted to conduct a flow test on the most remote hydrant. 48.AII homes shall be provided with water laterals and meters sized to allow for a residential NFPA 13d fire sprinkler system. Plot plans for tract homes shall specify that the house is to be provided with fire sprinklers. Note that sprinkler system installation is simpler if the water meter lines up with the garage. EXHIBIT A TM 10-04 Final Conditions of Approval 6 317/11 Storm Water Pollution Prevention Conditions: 49.ln addition to any engineering controls, construction controls or other storm water protection related requirements, the developer shall provide stenciling at catch basins added in the off-site improvement plans. Stencils may be obtained from the City at the time of street striping improvements. Identify stencil locations in off-site improvement striping plans. EXHIBIT A Community Development Department Planning Division EXHIBIT A REVISED MITIGATED NEGATIVE DECLARATION City of Gilroy 7351 Rosanna 5t. Gilroy, CA 95020 (408) 846-0440 City File Number: TM 10-04 Project # 10090021 Project Description: Name of Project: Rancho Meadows IV Subdivision Nature of Project: Vesting Tentative Map for a Vesting Tentative Map to subdivide one parcel totaling approximately 7.6-acres (Assessor's Parcel Number (APN): 783-20-061) into a planned unit development (PUD) consisting of: 41 single-family residential lots on approximately 5.9 acres; approximately 0.3 acres dedicated to Santa Teresa right-of- way; and approximately 1.4 acres dedicated as public streets.. Lot sizes would range from 5,000 square feet to 9,930 square feet. The project proposes the extension of Cheyenne Drive and Sprig Way to access the project site, which would be linked together by a new roadway called Grande Drive. Off from Cheyenne Drive would be a cul-de-sac called Cheyenne Court. A sound wall along Santa Teresa Boulevard is also proposed by the project. Project Location: Location: The project site is located in the northwestern corner of the City of Gilroy. The project site is bounded by Rodeo Drive to the west, Sprig Way, undeveloped land zoned for Public Facilities, undeveloped land and an existing single family residence zoned for single-family residential use to the north, Santa Teresa Boulevard to the east, and existing residential development along Arapaho Drive to the south. Assessor's Parcel Number: 783-20-061 Entity or Person Undertaking Project: Name: DeNova Homes Address: 1500 Willow Pass Court, Concord, CA 94520 Initial Study: An Initial Study of this project was undertaken and prepared for the purpose of determining if this project may 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 Meadows IV Subdivision Mitigated Negative Declaration Revised january 2011 2 Findings and 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 pattern of this area. 2. Identified adverse impacts are proposed to be mitigated through preparation of special studies and construction of off-site improvements. 3. The proposed project is consistent with the adopted goals and policies of the General Plan of the City of Gilroy. 4. City staff independently reviewed the Initial Study, and this Mitigated Negative Declaration reflects the independent judgment of the City of Gilroy. 5. With the application of the following Mitigation Measures, the proposed project will not have any significant impacts on the environment. MITIGATION MEASURES: Mitigation Measure 1.1 Prior to issuance of building permits, the applicant shall submit to the City of Gilroy for review and approval a detailed landscaping plan that identifies setbacks, landscaping, and design features that are appropriate to preserve and enhance the visual appearance of Santa Teresa Boulevard and demonstrates compliance with City landscape and design requirements (including ordinances and the Consolidated Landscaping Policy). Party responsible for implementation: Party responsible for monitoring: Applicant City of Gilroy, Planning Division Mitigation Measure 1.2 Prior to issuance of building permits, the applicant shall submit to the City of Gilroy for review and approval, detailed sound barrier plans that identify material, and design features that are consistent Rancho Meadows IV Subdivision City of Gilroy Mitigated Negative Declaration Revised january 2011 3 with, and "blend-in" with, the features currently developed at the gateway entrance along Santa Teresa Boulevard. To minimize aesthetic impacts, it is recommended that the proposed barrier be constructed of an earthen berm/wall combination, where feasible and where consistent with the appearance of existing gateway features. The sound barrier plans must demonstrate that design and materials used in the construction of the proposed barrier are in compliance with Policies 26.04 and 26.05 of the City of Gilroy General Plan and Section 34 of the City of Gilroy Zoning Code. Party responsible for implementation: Party responsible for monitoring: Applicant City of Gilroy, Planning Division Mitigation Measure 3.1 Final improvement plans shall include the following measures to be implemented during grading and construction activities for the proposed project. The measures shall be implemented to adequately control dust and are subject to the review, approval, and modification by the City of Gilroy Engineering and Building Division. 1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day during dry conditions. 2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. 3. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. 4. All vehicle speeds on unpaved roads shall be limited to 15 mph. 5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. 6. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCRD. Clear signage shall be provided for construction workers at all access points. Rancho Meadows IV Subdivision Mitigated Negative Declaration City of Gilroy Revised january 20 11 4 7. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. 8. Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The phone number of the BAAQMD shall also be visible to ensure compliance with applicable regulations. Party responsible for implementation: Party responsible for monitoring: Applicant City of Gilroy, Building and Engineering Divisons Mitigation Measure 4.1 a The applicant shall retain a qualified biologist to perform focused surveys to determine the presence/absence of special-status plant species, specifically the Santa Cruz tarplant (Holocarpha macradenia) and the Congdon's tarplant (Centromadia parryi ssp. congdonil) which have the potential to occur within and potentially adjacent to (within 25 feet, where appropriate) the proposed project site. These surveys shall be conducted in accordance with CDFG-approved guidelines for conducting field surveys. Specifically, the guidelines are outlined in Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Population and Native Communities. (CDFG 2009). These guidelines require rare plant surveys to be conducted at the proper time of year when rare or endangered species are both "evident" and identifiable. Field surveys shall be scheduled to coincide with known flowering periods and/or during periods of phonological development that are necessary to identify the plant species of concern. Party responsible for implementation: Party responsible for monitoring: Applicant / Qualified Biologist City of Gilroy, Planning Division Mitigation Measure 4.1 b If any state or federally listed, CNPS List 1, or CNPS List 2 plant species are found within or adjacent to (within 25 feet) the proposed project site during the surveys, these plant species shall be avoided to the extent possible. Avoidance measures shall include fencing of the population(s) before construction, exclusion of project activities from the fenced-off areas, and construction monitoring Rancho Meadows IV Subdivision Mitigated Negative Declaration City of Gilroy Revised january 20 11 5 by a qualified biologist. Avoidance areas shall be identified on project plans. If these plants cannot be avoided, the following measures shall be applied: . Before the approval of grading plans or any ground-breaking activity within the project study area, the applicant shall submit a mitigation plan concurrently to CDFG and USFWS (if appropriate) for review and comment, and the applicant may consult with these entities before approval of the plan. The plan shall include mitigation measures for the population(s) to be directly affected. Possible mitigation for the population(s) that would be removed during construction of the project includes implementation of a program to transplant, salvage, cultivate, or re-establish the species at suitable sites (if feasible). The mitigation ratio for directly impacted plant species shall be at a minimum ratio of 2:1. The actual level of mitigation may vary depending on the sensitivity of the species (its rarity or endangerment status), its prevalence in the area, and the current state of knowledge about overall population trends and threats to its survival. Alternatively, replacement credits may be purchased by the applicant at an approved mitigation bank should such credits be available. . Any special-status plant species that are identified adjacent to the project study area, but not proposed to be disturbed by the project, shall be protected by barrier fencing to ensure that construction activities and material stockpiles do not impact any special-status plant species. These avoidance areas shall be identified on project plans. . In some cases involving state-listed plants where it may be necessary to obtain an incidental take permit under Section 2081 of the Fish and Game Code, the applicant shall consult with CDFG to determine the applicability of an incidental take permit. The applicant may be required to prepare an application for this permit. It should be noted that the application for this permit requires a project description, a detailed analysis of impacts to species, and an analysis of the probability of the species' long-term survival as related to the impacts. Party responsible for implementation: Party responsible for monitoring: Applicant / Qualified Biologist City of Gilroy, Planning Division Mitigation Measures 4.2 The project applicant shall retain a qualified biologist approved by the City of Gilroy to conduct preconstruction surveys for San Joaquin kit fox pursuant to the Draft Santa Clara Valley Habitat Plan (December 2010) and written results of preconstruction surveys shall be submitted to USFWS and Rancho Meadows /V Subdivision Mitigated Negative Declaration City of Gilroy Revisedjanuary 2011 6 CDFG within two calendar days after survey completion and before the start of ground disturbance. If no species or suitable dens are identified within the survey area, no additional action is necessary. If San Joaquin kit foxes and/or suitable dens are identified in the survey area, avoidance and minimization measures and construction monitoring shall be implemented pursuant to Condition 20 of the Draft Santa Clara Valley Habitat Plan. Party responsible for implementation: Party responsible for monitoring: Applicant / Qualified Biologist City of Gilroy, Planning Division Mitigation Measure 4.3 The project applicant shall retain a qualified biologist approved by the City of Gilroy to conduct a focused survey for active nests of raptors and migratory birds within and in the vicinity of the construction area, unless proposed construction activities are planned to occur outside of the nesting seasons for local avian species (typically March through August). The focused survey shall occur no more than 30 days prior to the onset of major construction activities. If active nests are located during pre-construction surveys, USFWS and/or California Department of Fish and Game shall be notified regarding the status of the nests. Furthermore, construction activities shall be restricted as necessary to avoid disturbance of the nest until it is abandoned or the biologist deems disturbance potential to be minimal. Restrictions may include establishment of buffer zones or alteration of the construction schedule. Party responsible for implementation: Party responsible for monitoring: Applicant / Qualified Biologist City of Gilroy, Planning Division Mitigation Measure 5.1 Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included on 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 archeological resources or human remains are discovered during construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional archeologist can evaluate it If the find is determined to be significant appropriate mitigation measures shall be formulated and implemented (General Plan Policy 5.07)." Rancho Meadows IV Subdivision Mitigated Negative Declaration City of Gilroy Revised january 2011 7 Party responsible for implementation: Party responsible for monitoring: Applicant City of Gilroy, Planning Division Mitigation Measure 5.2 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 language be included in all permits in accordance with CEQA Guidelines Section 15065.5(e), subject to the review and approval of the Gilroy Planning Department: "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 Clara 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 shall identify the person or persons it believes to be the most likely descendant (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing ot with appropriate dignil,Y- the human remains and associated grave goods as provided for 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 it a)the Native American Heritage Commission is unable to identify a MLD or the MLD 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 City of Gilroy, Planning Division Mitigation Measure 7.1 Rancho Meadows IV Subdivision Mitigated Negative Declaration City of Gilroy Revised january 20 11 8 The project applicant shall specify in final improvement plans the implementation of the following measures during construction activities for the proposed project. The measures shall be implemented as feasible subject to the review and approval by the City of Gilroy Engineering and Building Division. 1. Alternative-fueled (e.g., biodiesel, electric) construction vehicles/equipment of at least 15 percent of the fleet, 2. Local building materials (within 100 miles) of at least 10 percent, and 3. Recycle at least 50 percent of construction waste or demolition materials. Party responsible for implementation: Party responsible for monitoring: Applicant City of Gilroy, Building and Engineering Divisons Mitigation Measure 12.1 Prior to final plan approval, the City shall require that the applicant incorporate the following recommendations into the proposed noise barrier design: . The sound barrier proposed along the eastern property line (along Lots #23 through #30) shall be constructed to a minimum of height of 1 a-feet above the proposed pad elevations. The sound barrier shall be constructed of masonry block, or material of similar density and usage, with no visible air gaps along the barrier alignment or at the base of the barrier. To minimize aesthetic impacts, the sound barrier shall be constructed of an earthen berm/wall combination as required by mitigation measure MM 1.2. . In addition, another sound barrier shall be constructed along the northern property line of Lot #23 as shown in Figure 12.1. This sound barrier shall be constructed at sufficient length to shield outdoor activity areas and residential structure on Lot #23 from line-of-sight to Santa Teresa Boulevard. The sound barrier shall be a minimum height of 6-feet above pad elevation and constructed of masonry block, or material of similar density and usage, with no visible air gaps along the barrier alignment or at the base of the barrier. For aesthetic purposes, this wall shall be constructed to gradually increase the height in one foot increments to meet the adjoining 1 a-foot high sound barrier wall along Santa Teresa Boulevard. Party responsible for implementation: Applicant Rancho Meadows IV Subdivision Mitigated Negative Declaration City of Gilroy Revised january 20 11 9 Party responsible for monitoring: City of Gilroy, Planning Division Mitigation Measure 12.2 During all phases of construction, the project applicant shall adhere to the following requirements for construction activities with respect to hours of operation and idling and muffling of internal combustion engines: . Noise-generating construction activities shall be limited to the hours between 7:00 AM to 7:00 PM. Monday through Friday, between 9:00 AM to 7:00 PM on Saturdays, with construction prohibited on Sundays and City holidays. . Construction equipment shall be properly maintained and equipped with noise-reduction intake and exhaust mufflers and engine shrouds, in accordance with manufacturers' recommendations. Equipment engine shrouds shall be closed during equipment operation. . Construction vehicles and equipment shall not be left idling for longer than five minutes when not in use. Party responsible for implementation: Party responsible for monitoring: Applicant City of Gilroy, Planning Division Date Prepared: December 6, 2010 End of Review Period: January 10, 2011 David Bischoff, Planning Division Manager Rancho Meadows IV Subdivision Mitigated Negative Declaration City of Gilroy Revisedjanuary 2011 10 Rancho Meadows IV Project Mitigation Monitoring and Reporting Program (MMRP) Introduction CEQA Guidelines Section 15097 requires public agencies to adopt reporting or monitoring programs whenever they approve projects subject to an environmental impact report or mitigated negative declaration that includes mitigation measures to avoid significant adverse environmental effects. The reporting or monitoring program is to be designed to ensure compliance with conditions of project approval during project implementation in order to avoid significant adverse environmental effects. This law was passed in response to historic non-implementation of mitigation measures presented in environmental documents and subsequently adopted as conditions of project approval. In addition, monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate effectiveness of the mitigation measures. A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measures compliance. This monitoring program is designed to provide a mechanism to ensure that mitigation measures and subsequent conditions of project approval are implemented. Monitoring and Reporting Program The basis for this monitoring and reporting program is the mitigation measures included in the project mitigated negative declaration. These mitigation measures are designed to eliminate or reduce significant adverse environmental effects to less than significant levels. These mitigation measures become conditions of project approval, which the project proponent is required to complete during and after implementation of the proposed project. The attached checklist is proposed for monitoring the implementation of the mitigation measures. This monitoring checklist contains all appropriate mitigation measures in the mitigated negative declaration. Monitoring Program Procedures The City of Gilroy shall use the attached monitoring checklist for the proposed project. The monitoring program should be implemented as follows: 1. The City of Gilroy Community Development Department should be responsible for coordination of the monitoring program, including the monitoring checklist. The Community Development Department should be responsible for completing the monitoring checklist and distributing the checklist to the responsible individuals or agencies for use in monitoring the mitigation measures. 2. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring checklist have been complied with. Once all mitigation measures have been complied with, the Rancho Meadows IV Subdivision MMRP City of Gilroy January 2011 1 responsible individual or agency should submit a copy of the monitoring checklist to the Community Development Department to be placed in the project file. If the mitigation measure has not been complied with, the monitoring checklist should not be returned to the Community Development Department. 3. The City of Gilroy Community Development Department will review the checklist to ensure that appropriate mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with at the appropriate time, e.g. prior to issuance of a use permit, etc. Compliance with mitigation measures is required for project approvals. 4. If a responsible individual or agency determined that non-compliance has occurred, a written notice should be delivered by certified mail to the project proponent within ten days, with a copy to the Community Development Department, describing the non-compliance and requiring compliance within a specified period of time. If non-compliance still exists at the expiration of the specified period of time, construction may be halted and fines may be imposed at the discretion of the City of Gilroy. Rancho Meadows IV Subdivision MMRP City of Gilroy January 2011 2 Rancho Meadows IV Project Mitigation Monitoring and Reporting Checklist The following mitigation measures shall be implemented prior to issuance of a grading permit: 1) Final improvement plans shall include the following measures to be implemented during grading and construction activities for the proposed project. The measures shall be implemented to adequately control dust and are subject to the review, approval, and modification by the City of Gilroy Engineering and Building Division. a) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day during dry conditions. b) All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c) All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d) All vehicle speeds on unpaved roads shall be limited to 15 mph. e) All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. f) Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. g) All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. h) Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The phone number of the BAAQMD shall also be visible to ensure compliance with applicable regulations. Party responsible for implementation: Party responsible for monitoring: Applicant City of Gilroy, Building and Engineering Divisions 2) The applicant shall retain a qualified biologist to perform focused surveys to determine the presence/absence of special-status plant species, specifically the Santa Cruz tarplant (Holocarpha macradenia) and the Congdon's tarplant (Centromad;a parry; ssp. congdonii) which have the potential to occur within and potentially adjacent to (within 25 feet, where appropriate) the proposed project site. These surveys shall be conducted in accordance with CDFG-approved guidelines for conducting field surveys. Rancho Meadows IV Subdivision City of Gilroy MMRP January 2011 3 Specifically, the guidelines are outlined in Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Population and Native Communities. (CDFG 2009). These guidelines require rare plant surveys to be conducted at the proper time of year when rare or endangered species are both "evident" and identifiable. Field surveys shall be scheduled to coincide with known flowering periods and/or during periods of phonological development that are necessary to identify the plant species of concern. Party responsible for implementation: Applicant / Qualified Biologist Party responsible for monitoring: City of Gilroy, Planning Division 3) If any state or federally listed, CNPS List 1, or CNPS List 2 plant species are found within or adjacent to (within 25 feet) the proposed project site during the surveys, these plant species shall be avoided to the extent possible. Avoidance measures shall include fencing of the population(s) before construction, exclusion of project activities from the fenced-off areas, and construction monitoring by a qualified biologist. Avoidance areas shall be identified on project plans. If these plants cannot be avoided, the following measures shall be applied: . Before the approval of grading plans or any ground-breaking activity within the project study area, the applicant shall submit a mitigation plan concurrently to CDFG and USFWS (if appropriate) for review and comment, and the applicant may consult with these entities before approval of the plan. The plan shall include mitigation measures for the population(s) to be directly affected. Possible mitigation for the population(s) that would be removed during construction of the project includes implementation of a program to transplant, salvage, cultivate, or re- establish the species at suitable sites (if feasible). The mitigation ratio for directly impacted plant species shall be at a minimum ratio of 2:1. The actual level of mitigation may vary depending on the sensitivity of the species (its rarity or endangerment status), its prevalence in the area, and the current state of knowledge about overall population trends and threats to its survival. Alternatively, replacement credits may be purchased by the applicant at an approved mitigation bank should such credits be available. . Any special-status plant species that are identified adjacent to the project study area, but not proposed to be disturbed by the project, shall be protected by barrier fencing to ensure that construction activities and material stockpiles do not impact any special-status plant species. These avoidance areas shall be identified on project plans. . In some cases involving state-listed plants where it may be necessary to obtain an incidental take permit under Section 2081 of the Fish and Game Code, the applicant shall consult with CDFG to determine the applicability of an incidental take permit. The applicant may be required to prepare an application for this permit. It should be noted that the application for this permit requires a project description, a detailed analysis of impacts to species, and an analysis of the probability of the species' long-term survival as related to the impacts. Party responsible for implementation: Party responsible for monitoring: Rancho Meadows IV Subdivision MMRP Applicant / Qualified Biologist City of Gilroy, Planning Division City of Gilroy January 2011 4 4) The project applicant shall retain a qualified biologist approved by the City of Gilroy to conduct preconstruction surveys for San Joaquin kit fox pursuant to the Draft Santa Clara Valley Habitat Plan (December 2010) and written results of preconstruction surveys shall be submitted to USFWS and CDFG within two calendar days after survey completion and before the start of ground disturbance. If no species or suitable dens are identified within the survey area, no additional action necessary. If San Joaquin kit foxes and/or suitable dens are identified in the survey area, avoidance and minimization measures and construction monitoring shall be implemented pursuant to Condition 20 of the Draft Santa Clara Valley Habitat Plan. Party responsible for implementation: Applicant I Qualified Biologist Party responsible for monitoring: City of Gilroy, Planning Division 5) The project applicant shall retain a qualified biologist approved by the City of Gilroy to conduct a focused survey for active nests of raptors and migratory birds within and in the vicinity of the construction area, unless proposed construction activities are planned to occur outside of the nesting seasons for local avian species (typically March through August). The focused survey shall occur no more than 30 days prior to the onset of major construction activities. If active nests are located during pre-construction surveys, USFWS andlor California Department of Fish and Game shall be notified regarding the status of the nests. Furthermore, construction activities shall be restricted as necessary to avoid disturbance of the nest until it is abandoned or the biologist deems disturbance potential to be minimal. Restrictions may include establishment of buffer zones or alteration of the construction schedule. Party responsible for implementation: Party responsible for monitoring: Applicant / Qualified Biologist City of Gilroy, Planning Division 6) Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included on 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 archeological resources or human remains are discovered during construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional archeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented (General Plan Policy 5.07)." Party responsible for implementation: Party responsible for monitoring: Applicant City of Gilroy, Planning Division 7) 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 language be included in all permits in accordance with CEQA Guidelines Section 15065.5(e), subject to the review and approval of the Gilroy Planning Department: Rancho Meadows IV Subdivision MMRP City of Gilroy January 2011 5 . Construction vehicles and equipment shall not be left idling for longer than five minutes when not in use. Party responsible for implementation: Party responsible for monitoring: Appl icant City of Gilroy, Planning Division The following mitigation measures shall be implemented prior to issuance of a building permit. 10) Prior to issuance of building permits, the applicant shall submit to the City of Gilroy for review and approval a detailed landscaping plan that identifies setbacks, landscaping, and design features that are appropriate to preserve and enhance the visual appearance of Santa Teresa Boulevard and demonstrates compliance with City landscape and design requirements (including ordinances and the Consolidated Landscaping Policy). Party responsible for implementation: Applicant Party responsible for monitoring: City of Gilroy, Planning Division 11) Prior to issuance of building permits, the applicant shall submit to the City of Gilroy for review and approval, detailed sound barrier plans that identify material, and design features that are consistent with, and "blend-in" with, the features currently developed at the gateway entrance along Santa Teresa Boulevard. To minimize aesthetic impacts, it is recommended that the proposed barrier be constructed of an earthen berm/wall combination, where feasible and where consistent with the appearance of existing gateway features. The sound barrier plans must demonstrate that design and materials used in the construction of the proposed barrier are in compliance with Policies 26.04 and 26.05 of the City of Gilroy General Plan and Section 34 of the City of Gilroy Zoning Code. Party responsible for implementation: Party responsible for monitoring: Applicant City of Gilroy, Planning Division 12) Prior to final plan approval, the City shall require that the applicant incorporate the following recommendations into the proposed noise barrier design: . The sound barrier proposed along the eastern property line (along Lots #23 through #30) shall be constructed to a minimum of height of 1 O-feet above the proposed pad elevations. The sound barrier shall be constructed of masonry block, or material of similar density and usage, with no visible air gaps along the barrier alignment or at the base of the barrier. To minimize aesthetic impacts, the sound barrier shall be constructed of an earthen berm/wall combination as required by mitigation measure MM 1.2. . In addition, another sound barrier shall be constructed along the northern property line of Lot #23 as shown in Figure 12.1. This sound barrier shall be constructed at sufficient length to shield outdoor activity areas and residential structure on Lot #23 from line-of-sight to Santa Teresa Boulevard. The sound barrier shall be a minimum height of 6-feet above pad elevation and constructed of masonry block, or material Rancho MeadowslVSubdiwsion MMRP City of Gilroy January 2011 7 "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 Clara 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 shall identify the person or persons it believes to be the most likely descendant (MLD) from the deceased Native American. The MLD 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 for 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 MLD or the MLD 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 City of Gilroy, Planning Division 8) The project applicant shall specify in final improvement plans the implementation of the following measures during construction activities for the proposed project. The measures shall be implemented as feasible subject to the review and approval by the City of Gilroy Engineering and Building Division. a. Alternative-fueled (e.g., biodiesel, electric) construction vehicles/equipment of at least 1 5 percent of the fleet, b. Local building materials (within 100 miles) of at least 10 percent, and c. Recycle at least 50 percent of construction waste or demolition materials. Party responsible for implementation: Party responsible for monitoring: Appl icant City of Gilroy, Building and Engineering Divisions 9) During all phases of construction, the project applicant shall adhere to the following requirements for construction activities with respect to hours of operation and idling and muffling of internal combustion engines: . Noise-generating construction activities shall be limited to the hours between 7:00 AM to 7:00 PM., between 9:00 AM and 7:00 PM on Saturdays, with construction prohibited on Sundays and City holidays. . Construction equipment shall be properly maintained and equipped with noise- reduction intake and exhaust mufflers and engine shrouds, in accordance with manufacturers' recommendations. Equipment engine shrouds shall be closed during equipment operation. Rancho Meadows IV Subdivision MMRP City of Gilroy January 2011 6 of similar density and usage, with no visible air gaps along the barrier alignment or at the base of the barrier. For aesthetic purposes, this wall shall be constructed to gradually increase the height in one foot increments to meet the adjoining 10-foot high sound barrier wall along Santa Teresa Boulevard. Party responsible for implementation: Applicant Party responsible for monitoring: City of Gilroy, Planning Division City of Gilroy January 2011 Rancho Meadows IV Subdivision MMRP 8 I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2011-12 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 7th day of March, 2011, 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 9th day of March, 2011. (Seal)