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Resolution 2011-21 RESOLUTION NO. 2011-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING MASTER PLAN APPROVAL A/S- PUD 06-31, ADOPTED BY RESOLUTION NO. 2009-01, TO BE CONSISTENT WITH A REVISED PROJECT DESCRIBED IN TM 07-11 AND A/S 10-22, TOTALING APPROXIMATELY 26.35ACRES LOCATED ON THE SOUTHWEST CORNER OF LUCHESSA A YENUE AND MONTEREY ROAD, APNS 808-21-018, 032 AND 033 WHEREAS, Luchessa Road, LLC (c/o Michael McDermott) ("Applicant") submitted application AlS-PUD 06-31, requesting architectural and site approval of a Planned Unit Development Master Plan to create a 236-home residential subdivision and approximately 20,000 sq. ft. of ground floor commercial/retail on three separate parcels totaling approximately 26.35acres ("the Project"), located on the southwest corner of Luchessa Avenue and Monterey Road, APNS 808-21-018, 032, and 033; and WHEREAS, on January 12, 2009, the City Council adopted Resolution No. 2009-01 approving the Neighborhood District Master Plan for the Project, AlS-PUD 06-31; and WHEREAS, the Planning Commission held a public hearing on March 3, 2011, at which time the Planning Commission considered applications AlS 10-22 for architecture and site approval and TM 07-11 for tentative map approval for a phase of the Project, and considered the inconsistencies between the conditions of approval adopted in conjunction with Master Plan AlS- PUD 06-31 and the conditions of approval required for the revised Project, and denied approval of both applications; and WHEREAS, the applicant timely appealed the denials to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on April 4, 2011, at which time the City Council reviewed, considered and discussed all issues concerning the -1- Resolution No. 2011-21 IMDOLlNGER\844985.2 inconsistencies between the adopted Master Plan approval and the applications, and determined that the Master Plan be amended to conform to the conditions to be adopted in conjunction with its approval of AlS 10-22 and TM 07-11, and directed City Staff to prepare such amendment; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council in January 2006 adopted the Final Subsequent Environmental Impact Report ("FSEIR") prepared for the Urban Service Area Amendment (USA 04-02) to facilitate the Project, finding that the FSEIR was prepared in compliance with CEQA, and that it reflected the independent judgment of the City, and thereafter, adopted the mitigation measures and mitigation monitoring program contained in the FSEIR, and adopted a statement of overriding considerations for the unavoidable significant impacts of the Project by Resolution No. 2006-03; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this approval is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council hereby adopts the findings based upon substantial evidence in the entire record as summarized below: 1. The Project has a General Plan Land Use and Zoning designation of Neighborhood District. 2. The Project as a Master Plan development substantially conforms to the Gilroy General Plan Land Use and Zoning designation and development standards of the Neighborhood District. B. Master Plan approval AlS-PUD 06-31 and the Project Master Plan are hereby amended subject to the conditions of approval attached hereto as Exhibit "A," which is entitled "Oak Creek Master Plan Final Conditions of Approval," and subject to the mitigation monitoring -2- Resolution No. 2011-21 \MDOLlNGER\844985.2 program and the mitigation measures adopted in conjunction with the FSEIR, attached hereto as Exhibit "B" and incorporated herein by this reference. PASSED AND ADOPTED this 18TH day of April, 2011 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, DILLON, LEROE- MUNOZ, TUCKER, WOODWARD NOES: COUNCILMEMBERS: PINHEIRO ABSENT: COUNCILMEMBERS: NONE APPROVED: ~ -3- Resolution No. 2011-21 \MDOLlNGER\844985.2 A1S 06-31, Oak Creek Master Plan Final Conditions of approval Planning Division (contact Melissa Durkin at 846-0451, Melissa.Durkin@ci.gilroy.ca.us) 1. Expiration: This Architectural and Site Review approval is valid for the life of the RDO 06-02 allowances (tiI2015). If any development for which this Architectural and Site Review has been granted is not established within this period, the approval shall expire. The Planning Division Manager may grant an extension upon an application request received prior to expiration, particularly if an extension has been granted for the RDO's. 2. Substantial changes to the Plan: are subject to additional review, comment and approval. 3. Phasing Plan: A phasing plan shall be provided prior to a tentative map approval that specifies the timing and components (lots, utilities, streets, and other infrastructure) of each phase of the development over the RDO build out period. 4. Conformity to Plans: The future permits shall substantially conform to the plans and drawings submitted with this application and ensure appropriate setbacks. 5. Mitigation Measures: All 24 CEQA Mitigation Measures detailed in Table S-1 of the Barberi USA Amendment Subsequent FEIR (Attachment) must be followed during the planning and development process. 6. Fees: Please note that the City bills for actual time spent processing applications; the filing fee indicated on the application form is a deposit, and the actual cost to process this application could be more than the filing fee. 7. Parking: All plans must be in accordance with the parking requirements as described in Section 31 of the Zoning Ordinance. 8. Building Design: The structure shall utilize creative, aesthetic design principles to create an attractive building and open space to blend with the character of the surrounding area. All plans must be in accordance with the Downtown Design Guidelines in terms of Architectural Character, 360-degree Architecture, Continuity, Mass, Scale and Rhythm. 9. Building Colors: Building colors and materials shall be compatible with the natural landscape and must be indicated prior to this approval and detailed on building plans prior to the issuance of a building permit. Please submit color samples for the proposed structure. 10.Signage: All plans must be in accordance with the signage requirements as described in Section 37 of the Zoning Ordinance. 11. Fencing: All fencing must comply with Section 34 of the Zoning Ordinance to ensure appropriate setbacks, height and material use. 12. Space: There will be adequate access, parking, landscaping, trash areas and storage, as necessary. 13. Landscaping: Landscaping plans shall be developed in accordance with Gilroy's Downtown Plan and provided to Planning staff, prior to the issuance of a building permit. The landscaping shall be continuously maintained in an orderly, live, healthy, and relatively weed-free condition, and the approved specific landscape plan. EXHIBIT A Oak Creek Master Plan Final Conditions of Approval 2 4/18/11 14. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward from the site toward any residential use or public right-of-way. 15. Mechanical Appurtenances: Mechanical equipment to be located on the roof of the building shall be screened by an architectural feature of the building, such that it cannot be seen from the ground level at the far side of the adjacent public right-of-way, whenever possible. 16. Archeological Remains: All building plans shall include a note as follows: "If archeological resources or human remains are discovered during construction, work shall be halted within 50 meters (150 feet) of the find until it can be evaluated by a qualified professional archeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented." Additional comments may be added on subsequent plan checks due to incomplete plans, plan changes, mistakes, errors or omissions. Engineering Division (contact Daniel Hughes or Don Dey at (408) 846-0451, danie/.hughes@cityofgilroy.org; don. dey@cityofgilroy.org) DEVELOPMENT CONDITIONS 17. Comply with the following concern raised by the Santa Clara Valley Water District: "A portion of the development (mainly the park) is located within the District's flowage easement for Uvas Carnadero Creek. In general, there will be no development or grading, including for park purposes, allowed in the flowage easement except under specific circumstances which can be explained to the applicant if they propose work in the future. Any work proposed within the flowage easement will require a District permit." 18. Return SCVVVD flowage easement to pre-2001 elevations. 19. Provide connections to Uvas Trail System. 20. Provide adequate clear space on Monterey Street to allow for construction of a 90 inch diameter (or equivalent) storm drain for the future Princevalle diversion. No utilities may be installed in this zone, except for storm and sewer lines if there is no reasonable alternative. Storm and sewer lines constructed in this zone must be provided protection such as a concrete cap and accurately marked to allow for installation of the future storm drain. 21. Prior to tentative map approval provide the Base Flood elevation, the proposed finish lot grade elevations and subdivision grading that will support the request for a Conditional Letter of Map Revision Based on Fill. Show how negative effects to downstream or inundated properties will be mitigated. 22. Prior to final map approval a Conditional Letter of Map Revision Based on Fill shall be approved by the Department of Homeland Security-Federal Emergency Management Agency. 23. Prior to Subdivision Improvement acceptance or Building Permit issuance, which ever occurs first, a Letter of Map Revision Based on Fill shall be approved by the Department of Homeland Security-Federal Emergency Management Agency. 24.AII purchasers of property included in the Project Area shall be disclosed that their streets may flood and that the City of Gilroy will not sand bag or berm their streets to prevent street flooding.y EXHIBIT A Oak Creek Master Plan Final Conditions of Approval 3 4/18/11 TRAFFIC CONDITIONS 25. Developer shall dedicate bicycle and pedestrian trails to the home owners' association (HOA) upon acceptance of common facility by HOA. 26. Luchessa Road frontage/underground improvements are to be designed and constructed as necessary to include all those improvements outlined in the Project Master Plan, the Project Mitigation Measures, prior Project Conditions of Approvals and as approved by the City Engineer. Underground Improvements are to include irrigation, storm drain, water, sanitary sewer, streetlights, traffic signal conduit, gas, electrical communications and necessary transitions. Surface improvements shall include (but not be limited to) curb/gutter (and/or drainage swale), planter strip, sidewalk and roadway paving. Roadway paving widths along Luchessa shall be (at a minimum) a. From Monterey to Hyde Park - 64' width of pavement b. From Hyde Park to 100' west - 64' width of pavement c. From 100' west of Hyde Park - 320' transition (lane drop) of 64' to 52' of pavement d. From 420' west of Hyde Park (end of transition) to Church - 52' width of pavement e. From Church to 100' west - 52' width of pavement f. From 100' west of Church - 320' transition (lane drop) to conform to existing pavement (roughly 42' of pavement) 27. Prior to the issuance of the one hundred thirteenth (113th) building occupancy permit, developer shall complete the installation of the following traffic signals: a. Monterey Street and Luchessa Avenue intersection. b. Luchessa Avenue and Princevalle Street intersection. c. Luchessa Avenue and Thomas Road intersection. d. Monterey Street and Tenth Street intersection to a full eight-phase traffic signal. 28. Prior to the last ten (10) building occupancy permits, developer shall construct the Monterey Street and Tenth Street intersection to provide protected left turns on the eastbound and westbound approaches and increase the capacity of the left-turn movement. 29. The following design criteria shall apply to development's interior/private streets only: a. P.U.E. shall be a minimum 15.5 feet wide (from back-of-curb) or 16 feet wide (from face- of-curb) consisting of a 9.5-foot landscape area and 6-foot sidewalk. b. A 5 feet wide sidewalk on one side of roadway is acceptable. 30. Clarify intent and location of "2 decelerating lanes for access to US 101 north and south" discussed on pages 3 and 5. 31. Show location of continuous sidewalk/bicycle connection to Downtown described on page 3. 32. Provide continuous sidewalk that will "enhance the pedestrian circulation...for school children, especially the nearby high school," as described on page 3; sidewalk gaps should not be created. 33. Use sight visibility triangle to determine appropriate location of entry monuments; conceptual plan on page 4 shows monuments blocking driver visibility and pedestrian access to curb ramps and sidewalks. 34. Clarify the meaning and application of the residential design statement on page 6 that states, "Single car garages are encouraged where swing-in garage types are feasible." 35. Traffic calming measures (referenced on page 7) such as curb extensions/bulb-out areas illustrated on page 15 shall incorporate a 6-foot sidewalk and 6-foot utility easement. EXHIBIT A Oak Creek Master Plan Final Conditions of Approval 4 4/18/11 36. For single-car garages within the parking court illustrated on page 16, show how vehicle will back out of garage without having to reverse all the way to street; provide and show turning template. 37. Correct cross section on page 22 for Luchessa Avenue-Monterey Street intersection; bike lane shall be located between right turn lane and through lane per California MUTCD Standards. Building Division (contact Jane Alexander at (408) 846-0430, jane.alexander@cityofgilroy.org) The Building Division has performed a cursory review of the plan submitted to the Planning Division for the application noted above. Based on the submitted plan, the following preliminary comments, information and conditions of approval are generated to assist you toward the building permit. It is very important that these comments are incorporated into the final submitted plan at the time of Building permit application. These comments are in compliance with the current adopted Building Code and are subject to change. All construction shall comply with the most current City adopted Building Codes in place at the time of Building permit plan check submittal/application. 38. Insufficient information for a Building plan review. 39. When building permit application is made, additional comments may be added due to incomplete plans, plan changes from any prior plans used in Planning Division processes, mistakes, errors or omissions. 40. Provide an abbreviation and symbol list to identify all abbreviations and symbols used on plan to understand the intent and proposed application. 41. Provide exterior building elevations indicating, to scale, the exterior finish grade elevations around the building relative to finish floor elevations. 42. Specify the occupancy group classification and type of construction of the building on the plans. 43. Provide a building analysis for mixed use commercial building in accordance with 2007 CBC Section 506.4.1 and subject to setback requirements. 44. Provide proper legible setbacks, all attached patio covers are assumed part of the main structure. The distance to an adjacent lot line shall be determined in accordance with 2007 CBC Table 602 and Sections 704.8 & 406.3.7 45. Provide 1-hour rated construction for walls less than 5' feet from property line. No openings are permitted less than 3' feet from property lines and no more than 25% openings is permitted between 3' feet to 5 ft from property lines. 2007 CBC 704.8 & Table 704.8. 46. For all walls, at or near a property line, provide a complete wall section from the foundation to the roof and locate the property line on the cross section. 47. Wall rating and opening protection of exterior walls of the buildings shall be determined based on fire separation distance defined a follows: The distance measured from the building face to one of the following: a. The closest interior lot line; b. To the centerline of a street, an alley or public way; or c. To an imaginary line between two buildings on the property. d. The distance shall be measured at right angles from the face of the wall. 2007 CBC 702. 48. Playground equipment installation shall be in conformance with the U.S. Consumer Product Safety Commission. EXHIBIT A Oak Creek Master Plan Final Conditions of Approval 5 4/18/11 49. City of Gilroy of Gilroy Ordinance # 2007-24 amending the 2007 CBC Section 406.1.4. (Separation). Separation shall comply with the following when both the garage and the residence are protected bv an approved Fire Sprinkler System: a. The private garage shall be separated from the dwelling unit and its attic by means of a minimum % inch gypsum board applied to the garage side. Garages beneath habitable rooms shall be separated from all habitable rooms above by not less than 5/8 inch Type X gypsum or equivalent. Door openings between a private garage and the dwelling unit shall be equipped with either solid wood doors or honeycomb core steel doors not less than 1 3/8 inch thick, or doors in compliance with Section 715.4.3. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. Doors shall be self-closing and self-latching. b. Ducts in private garage and ducts penetrating the wall or ceiling separating the dwelling unit from the garage shall be constructed of a minimum 0.019 inch sheet steel and shall have no openings into the garage. Separations shall comply with the following when no approved Fire Sprinkler System serves the residence and/or the garage. a. The private garage shall be separated from the dwelling unit and its attic area by means of a minimum 5/8 inch Type X gypsum board applied to the garage side. Garages beneath habitable rooms shall be separated from all habitable rooms above by not less than a 5/8 inch Type X gypsum board or equivalent. Door opening between a private garage and the dwelling with either solid wood doors or solid honeycomb core steel doors not less than 1 3/8 inches thick, or doors in compliance with Section 715.4.3. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. Doors shall be self-closing and self- latching. b. Ducts in a private garage and ducts penetrating the wall or ceiling separating the dwelling unit from the garage shall be constructed of a minimum 0.019 inch sheet steel and shall have no openings into the garage. 50. Fireplace and shroud requirement. a. Wood burning fireplace compliance with City of Gilroy Ordinance 2005-06 and Environmental Protection Agency (EPA). b. Provide Manufacture's cut sheet and installation manual. c. Wood burning appliances must meet a PM10 standard. d. Fireplace shroud is allowed only if it is listed by the same manufacture as the fireplace. Provide product data. EXHIBIT A Oak Creek Master Plan Final Conditions of Approval 6 4/18/11 51.City of Gilroy of Gilroy Ordinance # 2007-24 amending the 2007 CEC Article 110.26(c) amended to read: For equipment rated 1200 Amperes or more and over 6ft. wide that contains overcurrent devices, switching devices, or control devices there shall be one entrance not less than 24 in. wide and 6 % ft high at each end of the working space. Where the entrance has a personnel door(s), the door(s) shall open in the direction of egress and be equipped with panic bars, pressure plates or other devices that are normally latched but open under simple pressure. 52. City of Gilroy of Gilroy Ordinance # 2007-24 amending the 2007 CMC & CPC. Tubing shall be at least Type K for condensate return lines, and Type L for steam condenser cooling water lines, underground water lines, and above ground water lines. Type M copper shall not be used. a. Water piping shall not be installed in or under a concrete floor slab within a building without prior approval of the Administrative Authority. When approved, such piping shall be installed as follows: Piping installation in or under a concrete floor slab will be installed within a chase or conduit for easy replacement, to the satisfaction of the Administrative Authority. b. b) Upon completion of a section or the entire hot and cold water supply system, it shall be tested and proved tight under a water pressure not less than 100 psi. The water used for tests shall be obtained from portable source of supply. A fifty (50) pound per square inch (344.5 kPa) air pressure may be substituted for the water test. In either method of test, the piping shall withstand the test without leaking for a period of not less than fifteen (15) minutes. 53. Storm Drain (onsite): a. Clarify method of on-site drainage. b. Specify material used for all storm drains. Size of storm drains shall comply with chapter 11, CPC. c. Show location of roof drain, leader, and vertical rainwater piping. Clarify how they are connected to storm drain system, unless otherwise approved in writing. 54. Sanitary Sewer onsite (SS): a. Specify material and size used, sanitary sewer shall comply with 2007 CPC Chapter 7. b. Provide calculation to verify sanitary sewer size shown is adequate. 55. Trash Enclosure shall be under separate permit. Clarify if there is a roof on the trash enclosure. Incorporate in fire protection at property line. Provide structural calculation and details per 2007 CBC. 56. Provide protection by means of wall or bollard in front of all gas & electric utility meters. 57. Show location of all existing overhead utility lines. 58. Onsite-Provide Title 24 outdoor lighting calculation for exterior lighting. Provide specification and structural calculation for light poles. 59. Guards shall be provided where appliances, equipment, fans, roof hatch openings or other components that require service are located within 10 feet of a roof edge. 2007 CBC Section 1013.5 & 2007 CMC Section 904. EXHIBIT A Oak Creek Master Plan Final Conditions of Approval 7 4/18/11 60. Please give this information to the architect, designer, engineer, contractor, and anyone else on your project team so they may have the proper information for your project. Fire Marshal (contact Jackie Bretschneider, jacquib@ci.gilroy.ca.us, 846-0451) 61.A&S Conditions shall be included as notes in the construction drawings submitted for building permit. 62. Each residence shall be provided with a paved access way (side walk) a minimum of 36" wide between the main entry and a fire access roadway. Maximum distance between front door and fire access roadway shall be 150'. 63. Single Family Homes with a fenced yard shall have a gate that opens to a public way (or to an open yard that leads to a public way). 64.AII buildings over 1,000 square feet shall be provided with residential fire sprinklers conforming to NFPA 130, with attached garages sprinklered and a pilot head in the attic space. Risers shall be inside and shall provide a bell on the exterior and one horn on the interior. Most non hillside homes should be able to provide for the fire sprinklers with a 1" meter. Please consult a fire sprinkler contractor to confirm water meter size. Water supply lines from the meter to the home should be at least 1.5 inches. Type L or better copper is required for all copper piping. 65.An address shall be provided at building permit submittal. House numbers shall illuminated. Addressing shall be from the street that the front door faces and shall be visible from that street. For walkway (paseo) accessed homes an illuminated address shall be provided on both the front door and the garage (alley) side of the residence. 66. Chimneys shall have spark arrestors installed. No permanent outdoor, wood-fired fireplaces/pits are allowed. Trees and tree branches shall not be within 10 ft of a chimney. 67. Egress Windows shall be provided on all sleeping rooms. A room that does not have a clearly defined use as a kitchen, closet, dining room, living/family room or study shall be considered a bedroom. Studiesllibraries with closets shall be treated as bedrooms. Storage rooms that are provided with windows, and electrical outlets and are greater than 50 square feet may also be considered bedrooms if attached to a dwelling unit. 68. Driveway Gates to more than two dwelling units shall be electronically opening and shall be provided with a police and fire KNOX key over-ride. The gate shall be also activated by the Fire Department Opticom signal or approved alternative signal. City Council-added Conditions (April 18, 2011) 69. The developer shall construct sidewalks adjacent to all streets within this subdivision. 70. Within 60 days of resolution approval, the applicant shall revise the Oak Creek Master Plan document to reflect the subdivision design approved via Tentative Map application TM 07- 11. EXHIBIT A '.'''" I,.ic.'.}, :':!".;:;i ':d..:-. ..' '. . . . . - .': - . '. . - .' Exh.Jbit A: Mitigation~onitoringPr()g'ram for Barberi Urban Service. Area'AmenttJnent (USA 04..02)' ' Introduction CEQA quidelines sectton ,15097 requires pl1blic ~gencies. to adopt reporting or mOJritoririg p1:Qgr!lnls when they approve projectS subject to an' envitontnental impact ,report()ta negative declaration that includes Iflitigation measures to.,avoid~ignifiqUlt adverse enwonmental effeC,tS. The reporting or monitoring program isto.bedesignedto ' ensUre compliance with c0114itions of project approval duritig ProjectunplementatioIi ill order toavoidsignificarit adverse environmental effectS, ' , ' . . ." The laww~spassed inrespQnse to l1istoric lion-itnp1ementap.onof mitigation measures presented i:ti 'envirorim~tal docUments and sl1bsequently adopted as <:ori.ditions of , project approval. In addition, mOnitoring ensures that mitigationmcasutes are imp1ementdi 3;ndthereby provides a mechanism to evaluate the effectiveness of th'e mitigation measures. , ' , ' , ' . ' A definitive set of project conditions would include' enough detailed information and enforcement procedures to ensure the measure's compliance. '11lis monitoringprograpt , is desifWedto provide a tpechanismto~urethat mitigation measures 'and subsequettt 'conditions' of project approval are:implemented. ' ' Monitoring Program The basis for this monitoring program is the mi~gation measUres inc1u4ed in the Project environniental impact report. These rnitigatiori,measuresare desimed to eliminate or reduce significant adverse environmental effects, to less' than sigtlificantlevels. Th~se ,mitigation measure,s become conditions of projectapprovaJ., 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 tile mitigation measures. This monitoring checklist contains all appropriate mitigation measures in the · ' environmental impact report. Monitoring Program Proc;edures The City of Gilroy shall use the attached monitoring checklist for the Barberi Urban Service Amendment The monitoring program should be impiemented as follows: 1. The Gilroy Community Development Depattrp.ent should be responsible for coordination of themonitoringprogram,mc1uding the moni.toring ,checklist. The, EMC Planning Group Inc. 6810~8 , 5"1 5.0 Mitigation Monitoring Ptog Barberi US endnnentSuksequentFEtR Community Development Department should be r~sp01isible for completing the monitoring checklist and4istributing the checklist to the responsible individuals or agencies fortheit use innionit()ring the niitigation measures; 2. . Each responsible individual or agency will then.beresponsible for determining whetlie:t the mitigation measures contained in the monJtoring checklist hayebeen cOInplied with. Once aH,mitigation measures have bee~compliedwith, tAe .' responsible indiVidual or agency should submit a copy of the monitoting checklist .to the CommunitY Development Department to be placed in theprojectfUe; If _ the mitigation mea~ure has not been complied With, the monitoring checklist should notbe returned to the Community Development Department; " . . . 3. The Gilroy Community Devdopwent Department will review the checklist to. ensure that appropriate lliitigationmeasures and additional conditions of project. approvalinc1uded,iri the monitoring checldisthave b~en complied with att.he' appIopri~te time, e:g. prior to j~sUaJice of a use permit, etc. . Compliance with mitigation measures is required fOfptojectapprovais; ll,nd . 4, If a: responsible individual or agency determines that a non-compliance has occurred, a written notice shoUld be delivered by certified mail to .the project proponent ,within 10 days, with a copy to t.he Community Development . Depatt:rhent, describing the non-compliance andrequiring'conipliance within a ~cified period 6~ time. If non-compliance still ~xi$ts at the expiration of the specified p~od oftin.ie, COJ:lstruction 'maybe haIted and fines may be itnposedat thediscrerlon of the City of Gilroy . . 5-2 EMC Planning Group Inc. Barberi USA Ame.ndment equent FE1R ~o Mitigation Moriitofing Program , EJarlJ,~ri Urban Service Area Amendment ' Mitig;Jtion ,Monitoring Checkli~t Ste '1 , d ,P , Pri91't6 approval of project~titIements the following mitigation mea&ure shall b~ implemented: . , ' , 'I. The app~cail~ shall negotiate with the City of Gilroy to, identify dne of the , followingnritigation measures to reduce the impact to agricultural resqurces: , , I " ,a. Purchase an equalamountofland (1:1 ratio) ofagrieult:llralland within the "Preferred AIeas" and the transfer of ownership of thi~ land to the' Open Space Authority or other Cit}r-a,pprovedagency. ' b. Pur~hase of development rights to':a, 1:1 ratio oriagriculttitalland within,the ,"Preferred Areas" and the transfer ,of ownership bftJiese rights to the Open SpaceA\lthonty or other City-approved agency. , Thepui'chase value of this ' agricUltural conservation ease~ent will be based.up~n the appraisal of pl~ichasing development rights and not fee~title rights~ . . .. , , c. , Payment ofaJ;1 in-lieu feewi1I be based upon the lowest appraisal of p~ch~ing development rights in the "Preferred ,Areas. ". Party'responsible for 'implementation: Appli(:ant , Party responsible for monitoring: Gilroy Planning Division 9. Assoqated with pr()j~ct-,1evel environmental review when resid~ptial , ' c1~v~lop:tnent applicatipns are sUbmitted~ a detailed noise~s~ssment study shall be conducted' for'the proposed dev~lopm~nt., The study shall include descrjptions of the exteriQrand interior noise exposures under existingand future ,conditions " and the mitigation measures necessary to achieve compliance with . the City of ' Gilroy Noise Element and the State of California Cod.e of Regulations, Title 24 (as applied to multi-family housing). Iftesidential1ot5 are proposed within 235 .feet south of the Luchessa Avc;:nue ,centerline(195 feet from the present property line), or within, 470 feet of the , centerline of Monterey Street, up to a nine-foot tall noise barrier may be required betWeen the lots and Ltichessa Avenue or Monterey Street. The barrier shall be , cqnsistcnt with the policies of the general plan, and if feasible, shall be an earth berm. Party responsible for implementation: Applicant Party responsible for monitoring: i Gilroy Planning Division EMC Pfanning Group Inc. 5-3 ~.d Mitigation Monitoring progfj) , Barberi U~endment Subseq~ent FEIR 10. Associated with project-level enVironmental review when commercial , deye10pment applications are submitted, a detailed noise assessment. study shall be conducted for the proposed development. 'The study shall include descriptions of the' exterior and interior noise exposures mider existing and future, conditions and the mitigation measures necessary to achieve compliance with the City of Gilroy Noise Element. ' Specific mitigation measures idei1tified in the project sp~cific noise assessment shall be incorporated into the project design. Party responsible foy implementation;' Party responsible Jor monitoring: Applicant Gilroy Planning Division Step 2 Prior to tentative map or architectural and site approval, the following mitigation measures shall be implemented:' ' , 15.', Prior to ArchitectUral and Site Review Approval for the commercial area or high-, density residential uses along Monterey Street, or other residential development if an access streetis propose'd to connect to Monterey Street, a traffic study and ' , engineering design sb~ be performed to evaluate 'traffic flow and turning movements along Monterey Street and Luchessa A vettlle, and determine suitability of driveway locations on Monterey Streeta:p.d LuchessaAvenue. If necessary, full access may be provided by an internal street. Driveways along Monterey Street shall be limited to right turns in and o~t. 17. Site plans and tentative maps shall include the following bicycle and pedestrian connections: , , a. a connection to the Uvas Creek trail; Any modifications to the Uvas Creek trail will need to approved by the Santa Clara Valley Water DiStrict cmd the United States Army' Corps of Engineers Emergency Branch Division. Future trail connections will need to be addressed in a revised joint use agreement; 20. Prior to approval of a tentative map or architectural and site review for the area located within the flood zone, the applicant shall submit a hydrology report, prepared for the project by a qualified hydrologist or engineer, to address:issues,of site'drainage, storm water run-off'quantity and quality,and onc.site storm water flow, subject to the review and approval of the City of Gilroy Engineering Division and SCVVlD prior to issuance of a grading permit All grading, design or other recommendations of this report shall be incorporated into project plans. The easement area shall be kept clear of any type of buildings or structures for, human habitation, and no other structures shall be constructed or maintained except except as may be approved by the District) and no excavation shall be 5-4 EMC Planning Group Inc, Barberi USA Amendment ~equ~nt FEIR ~o Mitigation Monitoring Program conducted arid no landfill placed on the'land witho~tsuch:approval as to the location and method of excavation andlor placement oflandf1l1. 21. The applicant shall be required'to prepare storm drai,nage itnprovement plans for each project phase, subject to the review and approval of the City ,of Gilroy Engitleel'ing DIvision and SCVWD prior to approval ofthefimi:l map. Thestorm drainage improvement plan shall be, designed to :maintain post-developmentiun- off rates at or below existing run-off rates for the I-year, 5.,year, I O-year, and 100- year sto,rm events. 22. The, applicant shaJ), for each phase of the project, submit a Notice 'of Intent (NOn and detailed engineering designs to the Centl'aI Coast RWQCB:, Thispennit, shall require development and"implementation of a SWPPP that ui;esstorm water "Best Management Practices" to control runoff, erosion and sedimentation frpm the sit~.The S'NPPP must illdudeBest Management P:r:actices that address source reduction and, if necessaxy ,shall fuclude practices that require treatInent. The SWPPP shall be su,bttlittedto tl}.e City of Gilroy 'Engirleering Division for review and approval prior to approval of a grading permit for each phase of the , project. Engineering designs shall addres~ feasible post construction water quality measures such as siltationpoIlds and filters. ' 23. For proje(:~ located within 50 feet ofUvas Creek, the applicant shall submit plans for reviewpy, and obtain an approved permit from the Santa Clara Valley Water Diso"ict (SCVW\P) prior to approval of a grading permit. . 24. If the following improvements,. or equivalent as determitied by the Gilroy . Engineerillg Division, are not included in the CityiS traffic fee program at the time traffic impact fees are paid"the developer sha~ pay a pro-rata share of the cost of each itbprovement not included in the fe~ program in'addition to standard 1l'afficimpact fees. The project that triggers unacceptable levels of service atthese locations will be required to design and construct the improvements and submit their costS to the City for reimbursement our of the traffic impact fee program funds. ' a. Luchessa Avenue and Thomas Road: a traffic signal or traffic circle; b. Luchessa Avenue andPrincevalleStreet: a traffic signal; c. Monterey Street and Luchessa Avenue: a.n additional northbound left~turn lane and widening of the west leg to provide two receiving lanes for the northbound left-turning vehicles; and d. 'Monterey Street and Tenth Street: a second southbound left-turn lane, a westbound overlap phase, one left-t:umlane, two through lanes, and one separa.te right-turn lane on northboimd Monterey Street. . The development that triggers the improvements is responsible for the design and construction of the mitigation measure. Hthe improvements are EMC Planning Group Int:. 5-5 5.0 Mitigation Monitoring ProiJ Barberi us~endment Subsequent FEIR traffic impact fee related, the developer: willhereimbursed based on City procedures.' . Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering J]ivision. Step 3 . Prior to approval and. issUance of grading orbulldingpermits, the folloWing mitigation . measure shall be iinplemerited .' .2. During construction all diesel-poweredeng'ines shall be required to have particle trapping filters to reduce the amount of polluting emiSsions. ConstrUction deli~erytrllcks shall not idle for longer than two minutes. . Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Plan~ing Division . "' 3. The fOllowingmeasuressha,1l be incorporated into all project plans, subject to the review and approval.ofthe City of Gilroy Engineering Division: . a. . The idling time for .construction equipment shall not exceed two nllnutes; , b. Limit the hours 'of operation of heavy-duty equiptr}.ent and/or the amount of equipment in use; c, . All equipment shall be properly tuned and maintained in accordance with . the manufacturer's specifications; . d.' When feasible; alternative fueled or electrical construction. equipment shall . be used at ttr project site; . e. Use the minimum practical engine size for construction equipment; and f. Gasoline-powered equipment shall be equipped with catalytic converters, . where feasible. Party responsible JOr t'mplementation: Applicant Party responsible for monitoring: . Gilroy Engineering Division 4. . The following dust control measures'shall be incorporated into all permits for the . proposed project, 'subject to, the review and approval of the City of Gilroy . Engineering Division: a. Water all active construction areas at least twice daily; 5-6 EMC Planning Group Inc. Barberi USA Amendment_equent FEIR ~ 0 Mitigation Monitoring p.rogram b. 'Cover all trucks hauling soil) sand, and other loose materials Of require an trucks' to maintain at least two feet of freeboard; . c. Pave, apply water three times daily) or apply (non-toxic) soil stabilizers on au unp'aved access roads) parking areas and staging areas at construction . sites; '. . d. Sweep.daily (with water sweepers) all paved access roads, parking areas and staging areas' at construction sites; e. . Sweep streets daily (with water sweepers) ifvisible soil material is carried onto,adjacent public street,>; . f. Enclose, cover and water twice daily. or apply non-toxic soil binders to exposed stockpiles (dirt" sand); g. Limit traffic speeds on unpayed roads to 15 mph; h. Install sandbags or other erosion control measures to prevent silt runoff to public roadways; . i. Replant vegetation in disturbed areas as quickly as possible; and J. Install wheel washers fOf all exiting trucks, or wash off'the tires or tracks of all tnicks and equipment leaving the site. Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Engineering Division . 5. Pre-construction surveys fornestingraptors shall be conducted by a qualified biologist if constructi()ll is to occur' during the nesting season (Apri115- ,August l)to reduce impacts ~o a less than significant level. If raptor nests are ' located during pre-construction surveys, a ql1alified biologist shall establish a 300- foot buffer around each nest for the duration of the breeding season (until such . .time as the.young are fully fledged)to.preventnestharassment and brood mortality . Work may proceed prior to August 1 only if a qualified biologist conducts nest checks and ~stab1ishes that the young are fully fledged, Every effo~t will be made to avoid removal or impact teji known raptor nests within project . 'boundaries. Iftr~es known to support raptor nests cannot be avoided, removal of these trees will only occur during the non-breeding s.eason to reduce impacts to a . less than significant level. Party responsible for implementation: Applicant \ , Party responsiblejbr monitorirtg: Gilroy Planning Division. 6. Prior to future development 'activities, a 50.:foot setback from the high water mark ofUvas Creek shall be established for the protection of the water corridor. EMC Planning Group Inc. 5-7 ~.o Mitigation Monitoring progfi) ~(}~ . Barberi US . ndment Subsequent FE1R Although a majority of this corridor is likely to occur on the property owned by the Santa Clara Valley Watet District, a portion of th~ setback inayocctir on the . project site. Grading.and equipment shall not be allowed within this setback. If disturbance is proposed within or above the creek bed, a Section 404 permit from the USACE and a Streambed Alteration Agreement from COFG shall be obtained. Party respo~ihle for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division . 7. In order to prevent the spread of invasive non-native species, the project . proponent shall prepare a landscaping and re-vegetation plan toinc:1ude the fonowingrequrrements: . a.Aneradication p1ap for plants listed in Californiji Exotic Plant Council's Exotic Pest Plants of Createst Ecological. Concern in CalifOrnia currently growing On the project site; b. . Use of plants listed.in California Exotic Plant Council's Exotic Pest Plants .of Creates/Ecological Concemin' California shall be P!ohibited; c. Exposed soil areas shan be 'planted, mulchedt or covered between October' 15 :~d the JolIowing April 15 each year; . d. Plajlt materials used in landscaping, erosion control, or habitat restoration. . sb,all consist of plants that~e mclud.ed in an aPPJ:opriate native,California plaIlts as identified by a qualified biologist or landscape architect; and e. To prevent erosion and conserve wl!ter; bare soilbetween.newly installed plant materials shall be mulched, covered wit4 jute netting; or seeded with a mhC ofseeijs :best suited for the climate and soil conditions, and native to the Gilroy region. 8. Prior to issuance of a grading permit, the following measures shall be incorporated into the project plans to mitigate construction noise, subject to the . review and approval of the City of Gilroy Engineering and Building divisions: a. Construction shall be limited to weekdays hetween 7 AM and? PM, and Satu!days between 9 AM and 7 PM, viithno construction on Sundays or City holidays; b. Allintemal combustionengine..driven equipment shall be equipped with mufflers that are in good condition and appropriate for the equipment; and c. Stationary noise-generating equipment shaD. be located as far as possible from sensitive receptors' when sensitive receptors adjoin or are near a construction project area. 5-8 EMC Planninf] Group Inc. Barberi USA Amendment equent FE/R ~ 0 Mitigatio~ MonitoringProgram Party responsiblefor hnplementation: Applicant Party responsible for m6mitoring: Gilroy Planning Division 11. . Th~ developer shall review the existing barrier along Luchessa Avenue to. determine if a three-fQot high eJf.teil,.si()nWllld be added, If this is 'pot.efi'ective and/or feasible, a new, nine-foot high barrier shall be constructe4iri its: place. The extension or new barrier shall be constnicted prior to issuance of a grading. permitfor the projeq: site, or when the, City determines that noise .exposure attbis location exceeds citystandards. The developer sliallbe resp'onsiblefor the cost to stuc:ly and construct the replacement wall or extension. The et).tire wan shall be textured and colored, and scre~ried to the extent feasible . with drought tolerant, low maintenance l~dscaping. Any new wall sh~ be constructed witlrlii.existing non-access strips on privatepropelty, if existing, otherwise immediately adjacent to the property boundary on the public right-of- way. Party respon.~ible jo1' implementation: Applicant Party responsible for monitoring: C'rilroy Planning Division 12. . Prior to issuance' ofbuiIding permits for residences with yards within 175 feet 9f the'sports park,the applicant shall dem.onstrate that noise levels atresidentill. . yards are in compliance with the standards of Gilroy General.Plan Policy 26.02. . This may be accomplished by the construction of a six-foot sound barrier, . , however, such barrier shall riot impinge on the .SCVWD flood flowage easement recorded on the project site. A noise study shall be prepared, bas~d onfinal improvement plans, to demonstrate that the residences are adequately protected from noise impacts. ' Party responsible for implementation: Party rcsponsiblefor monitoritig: Applicant Gilroy Planning Divi...;ion 13.' Subject to the review and approval of the City of Gilroy Building Division, the applicant for any res~denti.aJ development on the project site shall conduct an acoustical'study and establish engineering requirements to,be included in construction plans to maintain interior noise levels at no greater than 45 dBDNL. Approaches to no~se reductions could include use of triple pane windowsf ventilation systems with non-operable windows, or noise attenuating wall construction. Party responsible Jor implementation: Applicant Party responsible for monitoring: Gilroy Building Divisir;m EMC Planning Group Inc. -'-.,--_._--~---'--------------~._----------------'---- 5-9 5.0 Mitigation Monitoring Prog Barberi us.endment Subsequent FEIR 14. The developer of the first project on the project site shall instill a full eight:-phase signal operation at the/Monterey Street/Tenth Street intersection to provide protect~d left turns on the eastbound and westbound approaches and increase the capacity. of the left-turn movement. The signal sl1all be installed prior to issuance. of the first residential or coininercial occupancy permit, subject to review ai1d approval by the City Engineering Division.' Partyresponslble for implementation: , Applicant Party.responsible Jor monitoring: . Gilroy. EngineerifJ,g Division 16. The developer shall conStruct frontage improvements along Luchessa A veJ1:ue: and Monterey Street concurrel1twith adjacent development on the .project site. . The pedestria.n improvements sh~ll be completed prior to the iSsuance of Qccupancypennits for the adjaCent uses. The frontage improvements shall include construction of a half-street sectioniiiclud.irig the.eastboutid:lanes of Luchessa Avenue, the southboUnd lanes ofMoriterey,Street, and a4jacent sidew~, curbs, gutters, and landscaping, and the re-striping o{ the pedestrian . crosswalks se;rving the southwest cotner of the Monterey Street and Luchessa. Avenue intersection.' . Party responsible for implementation: Applicant Party responsible for'monitoring: Gilroy Planning Division 18. ,Due to thef'ossibility that significant buried cultUral resources might be found dliringconstruction, the City,of Gilroy shall ensUre that the following 1ang1iage is incl.udedin any grading or construction documents issued ror the proposed project that could include earth m.ovement: ' , . If archaeological resources or human retnainsare discovered during construction, , 'work shall be halted at a IID. 'nhntini of 200 feet from the find and th.e, . ar. .eashall be . . . . staked off. The projeCt: developer sballnotify a qualified profession.al archaeologist. If the find is.determined to be significant, appropriate mitigation' measures shall be formulated' and .implemented. Party responsible fi?r implementation: Applicant Gilroy Planning Division Party responsiblefor monitoring: 19. In the event of an accidental discovery or recognition of any humap remains in any location other than a dedicated cemetery, . the City .0fGUroy shall ensure that th~ following language is included in any grading or construction documents issuedfor the proposed schooLthat couldinc1ude earth movement in accordance with CEQA Guidelines 3ection 15064~5(e): If human remains are found during construction there shall.be no further excavation or disulrbance of the site or any nearby area reasonably 5-10 --'---'---~--------------------------------EMC 'Pi'anning Group /rico Barberi USA Amendment quent fEIR .0 Mitigatiqn Monitoring Program I . suspected to overlie adjacent human . remains until the Gilroy Police Department has contacted . the coroner .of Santa Clara County to detenrtine that no . investigation of the cause of death is required. If the coroner det~rmines the remains to be .N ative American the coroner. shall contact the Native American Heritage Commission within 24hours. The N a.tive . Arrt.~ica~ Heritage Commission .shall _ identify the. person or. persons it believes to Qe the most likely descendent from the deceased Native American. . ''fPe most liKely descendent may then make recommendations to the landowner or the per~on responsible for the excav~tion work, for means of treating .or disposing of, with appropdate. digoi!y, the humaIi remains and associated grave goods as provided in Public Resources Code Section 5097.98,. The lan.downer or his authorized representative shall rebury the Native American human rerhaws and associated .grave goods with appropriate dignity. on the pl:operty. ill ~ locCition !Jot subject to further disturbance if: a). the N~tive American Herit~ge Cominissioll. is unable to .identify a niost likely descendent or the. most likely descendent failed to make 'arecomrnendatiOIl within 24 hours after being notified by the commission; b) theges~endent identified fails to make. a recommendation; oi c) the landowner or his aurhorized representative rejects t~e. re<;ommendati9n of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures accepta.b1e' to the landowner. . Party 1J!spimsible for implern~rttation: Party responsible jor monitoring: Applicant Gilroy Planning Division 5-11 EMC Planning Group Inc. I, SHA WN A FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2011-21 is an original resolution, or true and correct copy ofa city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 18th day of April, 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 19th day of April, 2011. (Seal)