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
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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
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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:
~
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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
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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.
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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
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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.
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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
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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:.
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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;
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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.
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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.
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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
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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
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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
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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)