Resolution 2011-22
RESOLUTION NO. 2011-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING A1S 10-22, AN APPLICATION
FOR ARCHITECTURAL AND SITE APPROVAL FOR A
RESIDENTIAL SUBDIVISION TOTALING
APPROXIMATELY 25.6 ACRES LOCATED ON THE
SOUTHWEST CORNER OF LUCHESSA AVENUE AND
MONTEREY ROAD, APNS 808-21-018, 032 AND 033
WHEREAS, Luchessa Road, LLC c/o Michael McDermott ("Applicant") submitted
application A/S 10-22, requesting architectural and site approval to create a 213-home residential
subdivision on property zoned Neighborhood District ("ND") totaling approximately 25.6 acres
("the Project"), located on the southwest comer of Luchessa Avenue and Monterey Road, APNS
808-21-18, -032 and -033; and
WHEREAS, pursuant to Zoning Ordinance sections 50.44 and 50.45, the Planning
Director reviewed the application, and sent the matter to the Planning Commission with a
recommendation of denial; and
WHEREAS, the Planning Commission held a duly noticed public hearing on March 3,
2011, at which time the Planning Commission considered the public testimony, the staff report
dated March 3, 2011 ("Staff Report"), and all other documentation related to application A/S 10-
22, and denied said application in part due to inconsistencies with the adopted ND Master Plan
for the Project; and
WHEREAS, the Applicant timely filed an appeal to the City Council of the Planning
Commission's denial of A/S 10-22; and
WHEREAS, the City Council held a duly noticed public hearing on April 4, 2011 and
considered the public testimony, the Staff Report, the Planning Commission's denial of A/S 10-
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Resolution No. 2011-22
IMDOLlNGERI845010.2
22, and all other documentation related to application A/S 10-22, and directed City Staff to
initiate a Master Plan Amendment to accommodate the revised Project and to prepare a
resolution of approval of A/S 10-22; and
WHEREAS, on April 18, 2011 the City Council did amend the original ND Master Plan
by its adoption of Resolution No. 2011-21 so that this A/SlO-22 is now in compliance with the
revised ND Master Plan; 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 reflects 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 as
required 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 Project approval is based is the office of the
City Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. Application A/S 10-22 is hereby approved subject to the conditions of approval
set forth in Exhibit "A" attached hereto and entitled "A/S 1 0-22 Final Conditions of Approval,"
and subject to the mitigation measures and mitigation and monitoring program approved in
conjunction with the approval of the FSEIR, attached hereto as Exhibit "B" and incorporated
herein by this reference.
2. This Resolution shall take effect only if Resolution No. 2011-21 takes effect,
which amends A/S-PUD 06-31 (a Master Plan pursuant to the Neighborhood District), which
was adopted by Resolution No. 2009-01. If said resolution does not take effect, then this
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Resolution No. 2011-22
IMDOLlNGERI845010.2
Resolution shall be null and void without further action by the City Council, and application A/S
10-22 shall be deemed denied.
PASSED AND ADOPTED this 18th day of April, 2011 by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, BRACCO, DILLON, LEROE-
MUNOZ, TUCKER, WOODWARD
PINHEIRO
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
NONE
APPROVED:
~,~or
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Resolution No. 2011-22
IMDOLlNGERI845010.2
A1S 10-22
Final Conditions of Approval
Planning Division (contact Melissa Durkin at 846-0440, Melissa.Durkin@ci.gilroy.ca.us)
1. This project shall comply with all mitigation measures contained within the Mitigation
Monitoring and Reporting Program adopted for the Barberi Urban Service Area
Amendment EIR (USA 04-02).
2. This project shall conform to the plans prepared by Giacalone McDermott Management,
dated September 1, 2009 and KB Home, dated July 20, 2010, as modified by the City
Council's approval of these applications and conditions of approval. The colors and
materials shall conform to the colors and materials board stamped "Approved" by the
Planning Division.
3. Approval of A1S 10-22 is subject to the applicant receiving City Council reinstatement of
38 units awarded via RD 06-02 and 35 units awarded via AHE 07-01.
4. Prior to building permit issuance, the developer shall enter into an affordable housing
agreement with the City that complies with all provisions of the "RDO Affordable Housing
Exemption Procedure" with the exception that, until such time that the City determines
market-rate home prices have increased above affordable home prices, the requirement
that the homes be deed restricted and the requirement that the homes be sold to low-
income households shall be waived. Should market-rate home prices increase above
affordable home prices, the developer will be required to sell homes in compliance with
all provisions of the "RDO Affordable Housing Exemption Procedure." The affordable
housing agreement shall include a provision requiring the developer to provide the City
with quarterly comparisons of market-rate sales prices and affordable sales prices.
5. Landscaping plans including specifications for an irrigation system shall be approved by
the Planning Division in accordance with the adopted Consolidated Landscaping Policy,
prior to issuance of a building permit. The landscaping shall be continuously maintained
in an orderly, live, healthy, and relatively weed-free condition, in accordance with the
adopted Consolidated Landscaping Policy and the approved specific landscape plan.
6. Landscaping and irrigation for the project shall comply with the State Model Water
Efficient Landscape Ordinance. Review and approval of the plans and installation for the
landscaping and irrigation shall follow the procedures specified by that Ordinance.
7. Mechanical Appurtenances: Mechanical equipment and structural members to be located
on the roof of any buildings in this subdivision shall be screened by an architectural
feature of the buildings, such that it cannot be seen from ground level at the far side of
the adjacent public right-of-way, whenever possible, subject to review and approval by
the Planning Division. Show this condition as a note on the plans.
8. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward
from the site toward any residential use or public right-of-way. This is subject to the
review and approval of the Planning Division. Show this condition as a note on the
plans.
9. All two-car garages shall be 20 feet wide x 20 feet long, clear of any obstructions,
measured from the interior of the garage, and clear of the area needed to accommodate
door swing.
10.AII house elevations visible from any public or private right-of-way shall be constructed
using the Enhanced Elevations included in the plan sets dated July 20,2010 prepared by
KB Home.
EXHIBIT A
A1S 10-22 Final Conditions of Approval
2
4/18/11
11. Plan GC 4 shall be used on lots 49 and 50.
12. Plans GC 2 and GC 3 shall be modified to use smaller windows or relocated windows to
ensure the privacy of the neighboring homes' private yard area.
13.Air conditioning equipment shall be ground mounted. Show this condition as a note on
the plans.
14. The applicant shall landscape the planter area in front of the soundwall and shall include
shade trees, subject to the review and approval of the Planning Division and the Public
Works Department, in this area. Plans for that landscaping shall be subject to the review
and approval of the Planning Division and Public Works Department prior to approval of
improvement plans.
15. Landscaping in front of the soundwall wall shall be installed concurrently with the wall.
Both the wall and landscaping shall be completed prior to building permit final for homes
adjacent to the soundwall.
16. The homeowners' association shall maintain the landscaping in front of the soundwall, as
well as the landscaping on the City-owned land west of the project site.
17. The applicant shall landscape the front yards of each home.
18. The developer shall plant large shade trees, such as sycamores or London Plane trees,
in the park in lieu of ornamental trees.
19. The developer shall provide all future home buyers with a statement disclosing this
project's parking restrictions. This statement shall include, but not be limited to, a
disclosure that no parking may occur in front of the Garden Court homes' garages, within
common driveways areas, or within garbage pickup areas for the 24-hour period of
garbage pickup day. The statement shall also disclose that all garage areas shall be
maintained to allow parking for two vehicles. This disclosure statement shall be subject
to Planning Division review and approval prior to building permit issuance.
20. Patio covers may be constructed with a minimum 5-foot rear yard setback. All other
setbacks must comply with the minimum building setbacks set forth in the approved
master plan.
21. The design of the sound wall on the north side of Luchessa Avenue shall match the
design of the wall constructed in front of the Oak Creek subdivision, including the
provision of columns with a stone veneer.
22. A phasing plan shall be provided prior to Final Map approval that specifies the timing and
components (lots, utilities, streets, and other infrastructure) of each phase of the
development.
23. Affordable Homes shall be incorporated proportionately into each phase of development.
The affordable component of each phase of development shall be completed prior to the
applicant beginning development of subsequent phases.
EXHIBIT A
A1S 10-22 Final Conditions of Approval
3
4/18/11
Fire Department (contact Jackie Bretschneider at 846-0430,
Jacqueline. Bretschneider@ci.gilroy.ca.us)
A&S Conditions shall be included as notes on the cover page of the construction
drawings submitted for building permit.
24. 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.
25. 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).
Community Services (contact Operations at 846-0460)
26. The developer shall be required to install street trees according to the Consolidated
Landscaping Policy. The developer will be required to obtain a Street Tree Permit prior to
installation of the trees. This shall be subject to the review and approval of the
Community Services Division.
EXHIBIT A
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ExhJbit A: Mitigation~of1itoringPr()gram for Bai'beri Urban
Service Area Amefldment (USA 04;002)' '
Introduction
CEQA (]uidelines section 15097requires public agencies to adopt reporting or
moJrit..oririg p1:Qgra,ms when: they approve projeetSsubject to an' environmental inlpact
. . report or a negative declaration that includes mitigation measures to ;.avoid ~ignifiC<Ult .
adverse environmental effects. , The reporting or monitoring program is to .be designed to .
ensUre compliance with COJ1<iitio:tls of project approval during Projectiniplemeritatioti in
order toavoidsignificarit adverse enviiomnental effects.' , . . .
. . . ."
The laww~passed inresp<)fise to l1istoric non-inJ,p1ementationof mitigation measures
presented in 'enviro:DIIleI).ta1 documents and subsequently adopted as conclitionsof
project approval. lnadclition, monitoring ensures that mitigationmea~utes are '.
implemented and thereby provides a mechanism to evaluate the effectiveness of the
mitigation measures. . . .
. .
A definitive set of project conditions would include enough detailed fuformationand
enforcement procedures to ensure the measure's compliarice. . 'fl!is mpnitoringprograpt .
is designed to' provide a Ipechanism to~sure . that mitigation measut.es.andsubsequent
'condi~ons of project approval arejmplemented. . .
Monitoring Program
The basis for this monjtoring program is the mitigation measures included in the project
environnienta1 inipact report. The,se nritigatiori measu.resare de~iWled to eliminate or ,
reducesigpificant adverse envirOninental e1;fects. to less'than sigtlificantleve1s. These
mitigation measure,s become conditions of prbjectapproval, which the project proponent
is required tocbmplete~during anq. after implementation of the proposed project.
The attached checklist is proposed for monitoring the implementation of the mitigation
measures. This monitoring checklist contains all appropriate mitigation measures in the .
environmental impact report.
Monitoring Program Proc.erJures
The City of Gilroy shall use the attached monitoring checklist for the Barberi Urban
Service Amendment The monitoring program should he impiemented as follows:
1. The, Gilroy Community Development DepartIp.ent should be responsible for
coordination of themonitoringprogram,mc1uding the monitoring .checklist. The.
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Community Development Departme~t should be responsible for completing the
monitoring checklist and qistributing the checklist to the responsible individuals
or agencies fortheii use in'monitoring the niitigation measures;
2. Each responsible individual or agenCy will then be responsible for determining
whe~et the mitigation measures contained in the monitoring checklist have been
cO:qlp1ied with. Once all'mitigation measures have bee;ncompliedwith, the ,
resPonsible indiVidual or agency should submit a copy of the monito~ng checklist
to the Community Development Department to be placed In the project file;, If
_ the mitigation measure has not been complied with, the monitoring checklist
should notbe returned to the Community Development Department;
" ,
3. The Gilroy Community Developw.ent Department will review the ,checklist to,
ensure that appropriate ll1itigationmeasures and additional conditioIis of project ,
approval included. iri the, monitoring checldist have been complied with at the
appropri(lte time, e:g.' prior to ,iss1ia1ice of a use permit', etc. 'Compliance. with
mitigation measures is required forprojecfapprovals;' and '
4. ' If a: responsible individual or agency determines that a nOl1-corrip~ance has
occurred, a written notice shoUld be ddlveredby certified mail to the project
proponent,within 10 days, with a copy to tJ.1.e Community Development'
Depar1:ri1ent, describing the non-compliance and requiringconipliance within a
'specified period of time. If non-compliance still ~~sts at the expiration of the
specified p~iod oCtinie, construc.tion 'may' be haIted and fines may be llriposedat
thediscretlon of the City 6fGilroy. '
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Mitiga.tion NionitoringCheckli~t
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Priqrto approval ofprojecttmtitIements the following mitigation measure shall b~ '
Unprem~red: - '
'1. the applicanl shall negotiate with the City of Gilroy to identify one qf the
- following mitigation measures to reduce the impact to agricultural reSQUIces:
I
, a.Purchase anequalamount'ofland (1: 1 ratio ) of agriculblfal lemd within the
"Preferred Areas" and the transfer of ownership ofthi~ land to the' Open
Space Authority or other City-approved agency. ' '
- ,
. b. Pur<:hase ofdeyelopinent rights to':a 1:1 ratio onagricultutalland within,the
"Preferred Areas" and the transfer of ownership dfthese rights to the Open
SpaceA9thority or other City-approved agency. Thepufchase value of this '
, agrictJ1turaJ conservation easein,ent willbe based.up~n the appraisal of
pl~rchasing development rightscind not fee~titi.e rights~
c. Payment ofaIl in-lieu feeWil1 be based upon the lowest appraisal of
p1J1"chif,Slngdevelopment rights in the "Preferred Areas. "
Patty responsible for hriplementation:
Applicant
,
Party respo~ible for monitoring:
Gilroy Planning Division ,
9. Associated with pl"oject-,level environmental review when resideptial ,
4~lfelop1nent applicanons are SUbmitted, a detailed noise, a.ssessment study shan
be conductecf for'the proposed development., The study shan include descrjptions
of the exteriQtand interior noise exPosures under existingand future ,conditions "
and the mitigation measures necessary to achieve compliance with the City of '
Gilroy Noise Elemetitand the s.ta~e of California Code of Regulations, Title 24
(as ap~lied to multi-family housing).
Iftesidentia110ts are proposed within 235 ,feet south of the Luchessa Av~nue
,centerline(195 feet from the present property line), orwithm:470 feet ofthe
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
, cqnsistent with the policies of the general plan, and if feasible, shall be an earth
beim.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
!
Gilroy Planning Division
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10. Associated with project-level tmvironmental review when commercial
development application~ 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 under existing and future, conditions
and the mitigation measures necessary to achieve compliance with the City of
Gilroy Noise Element.
Specific mitigation measures id.eiltified in the project specific rioise assessment
shall be incorporated into the project design.
Party responsible for implementation;'
Party responsible for monitoring:
Applicant
Gilroy Planning Division
Step 2
Prior to tentative map or architectural and site approval,thefollowing mitigation
ft ._ .". .
measures shall be implemented: '
15.', Prior to Architecttiral and Site Review Approval for the commercial area or high-,
density residential uses along Monterey Street, or other residential development if
, an access street 'is propose'd to connect to Monterey Street, a traffic study and '
, engineering design shall be performed to evaluate 'traffic flow and turning
movements along Monterey Street and Luchessa A ven:~e, and deten:hine
suitability of driveway locations on Monterey Streeta~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 out.
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 and 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 addressjssues,of
sitc'dtainage, stonn water run-off'quantity and quality,and on~site storm water
flow, subject to the review and approval of the City of Gilroy Engineering
Division and SCV\VD prior to issuance of a grading permit All grading, design
or other recommendations of this repop: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
exc~pt except as may be approved by the District, and no excavation shall be
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conducted alid no landfill placed on the'land withOlltsuch'approval as to the
location and method of excavation and/or placement oflandf1ll.
21. The applicant shall be required to prepare storm draip.age iolprovement plans for
each project phase, subject to the review and approval of the City ,of Gilroy
Engiueering Division and SCVWD prior to approval oftheJimil map. Thestorm
drainage improvement plan ~hall be designed to maintain post-development run-
off rates at or bdow existing run-off rates for the I-year, S.,year, I O-year, and 100-
year storm events.
22. The, applicant shaJ), for each phase of the project, submit a Notice 'of Intent (NO!)
and detailed engineeriJlg designs to the Central Coast RWQCB:, Thispennit,
shall require development and:implementation of a SWPPP that uses storm water
"Best Management Practices" to control runoff, erosion a:nd sedimentatiqn frpm
the site. The S\VPPP must illcludeBest Management P:t:actices that address
source reduction and, ifnecessaIy,shall fuclude practices that require treatment.
The SWPPP shallbe su,bmittedto tl,e City of GilroyEngiIleering Division for
'review and approval prior to approval of a grading permit for each phase of the
, project: :gngineering designs shall addres~ feasible post construction water quality
measures such as siltation ponds and filters. ' ,
23. For proje<:~s located within 50 feet ofUvas Creek, the applicant shall submit,
plans for review py, and obtain an approved permit fr(>m the Santa Clara Valley
Water District (SCYWZp) prior to approval of a grading permit. .
24. If the following improvements" or equivalent as determiIied by the Gilroy
Engineermg Division, are not included in the Citfs traffic fee ,program at the
time traffic impact fees are paid"the developer sh~ pay a pro~rata share of the
cost of each itbprovement not included in the fe~ program in'addition to standard
traffic impact fees. The project that triggers unacceptable levels of service at tllese
locations will be required to design andcoristructthe 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 andPrincevalle Street: a traffic signal;
c. Monterey Street and Luchessa. Avenue: a,n additional north.bound lefHum
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:um lane, two through lanes, and one
separate right-turn lane on northbound Monterey Street.
,The development that triggers the improvements is responsible for the
design and construction of the mitigation measure. If the improvementsal'e
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traffic impact fee related, the develop'er: willbe reimbursed based on City
procedures.
Party responsible for implementation:
Applicant
Party responsibleJor monitoring:
Gilroy Engineering lJivision,
Step 3
, Prior to approval and, issUance of grading or building permits, the folloWing mitigation
measure shall be iinplemerited '
,2. During construction all diesel-poweredeng'ines shallberequired to have p'aitic1e
trapping filters to reduce the amount of polluting emiSsions. Construction
deli~erytrucks shall not idle for longer than two minutes.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy P1an!'ling Division .
.,
3. The followingmeasuressha.ll be incorporated into all project plans, subject to the
review and approval ,of the 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 equipIr}.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 , 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 for implementation:
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 or requite all
trucks to maintain at least two feet of freeboard; ,
c. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on
all 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~ Limjt traffic speeds 'on unpaved roads to 15 mph;
h. Install sandbags or other erosion control measures to prevent silt runoff to
public roadways;
1. Replant vegetation in disturbed areas as quickly as possible; and
J. Install wheel washers for aU e~iting trucks, or wash off the tires or tracks of
all tnicks and equipment leaving the site. '
Party responsiblefor implementation:
Applicant
Party responsible for monitoring:
Gilroy Engineering Diviston
5. P:r:e-constructionsurveys fornestinRraptors shall be conducted by a qualified
biologist if conStructi()n is to occur during the nesting season (April 15 -
August I)-to reduce impacts!o a less than significant level. Ifraptor nests are '
locatedduringpre-construction surveys, a qlJalified biologist shall establish a 300-
foot buffer arouhd each nest for the duration of the breeding season (until such
time as the young are fully fledged} to prevent nest harassment and brood
mortality. Work may proceed prior to August 1 only if a qualified biologist
conducts nest checks and ~stab1ishes that theyoutig are fully fledged; Every effor:t
will be made to avoid removal or impact to known raptor nests within project
, boundaries.. If trees known to support raptor nests cannot be avoided, removal of
these trees will only occur during the nOll-breeding season to reduce impacts to a
. less than significant level.
Party responsible Jor implementation:
Applicant
\
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Party t'l!spotlsiblefbr monitoring:
Gilroy Planning Division,
6. Prior to future development activities, a 50.:foot setbackfrom 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 Water District, a portion of th~ setback mayocclir 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~ible 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 to in<;lude the
followingrequuements: '
a. An eradication plan for plants listed in Californi(i; Exotic Plant Council's
'Exotic Pest Plants of Greatest 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
GreatestBcological Concern in' California shall be P!obibited;
c. Exposed soil,areas shall be 'planted, mulched.! orcovered between October
15jlnd the JolIowing Apri115 each year;
d. Plailt materials used in landscaping, erosion control, or habitat restoration
sh,~ consist of plants that are included in an appt:opriate native California
plants as identified by a qualified biologist or landscape architect; and
e. To prevent erosion and conserve water; bare soil between ,newly installed
plant materials shall be mulched, covered witl} jute netting; or seeded with a
miX of seeds :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 between 7 AM and 7 PM, and
Satu!days between 9 AM 'and 7 PM, viithno construction on Sundays or
City holidays;
b. All intemal combustion engine-driven equipment shall be equipped with
mufflers that are in good condition and appropriate for the equipment; and
c. Stationat'l] noise-generating equipment shall 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 m(imitoring:
Garoy Planning Division
II. ' Th~ developer shall review the existing barrier along Lucllessa Avenue to,
determine if a three-fQot higll eJ~:t~tl,$i()n,q>l1ld be added, If this is not ,effective
and/or feasible, a new, nine.foot high barrier shall be constructedfu its: place.
The extension or new barrier shall be constnicted prior to is'suance of a grading,
perrnit{or the project site, or when the, City determines that noise ,exposure al this
location ~xceeds city ,standards. The developer shall ,be 'resp'onsible, for the 'cost to
stuciy and construct the replacement wall or extens~on.
The entire wall shall be textured and colored, and scre~ried to the extent feasible
, with drought tolerant, low maintenance lilndscaping. Any new wall sh~ be
constructed withili existing non-access strips on privatepropetty, if existing,
otherwise immediately adjacent to tbe property boundary on the public right-of-
way.
Party respon.~ible Jot' implementation:
Applicant
Party responsible for monitorr:ng:
Gilroy Planning Division
12. Prior to issuance' of building permits for residences with yards withirt 175 feet (jf
the'sports patk, 'the applicant shall demonstrate that noise levels at residential , '
yards are in compliance with, the standards, of Gilroy General Plan POlicy 26.02. '
, This may be accomplished by the constniction of a six-foot sound barrier,
, however, such barrier shall riot impiIlge on, th,e' SCVWD floodflowage easeIIlep.t
recorded on the project site. A'noiseswdy shall be prepared, bas~d on final
improvement plans, to demonstrate that the residences are adequately protected
from noise impacts. '
Party responsible for implementation:
Applicant
Party responsiblefor monitoritig:
Gilroy Planning Division
13. Subject to the review and approval of the City of Gilroy Buildiug Division, the
applicant for any residential development on the project site shall conduct an
acoustical study and'establish engineerin.g requirements tobe included in
construction plans to maintain iuterior noise levels at no greater than 45 dBDNL.
Approaches tQ noise reductions could include use of triple pane windows.
ventilation systems with non-operable windows, or noise attenuating wall
construction.
Party responsible for implementation:
Applicant
Party responsible for monitc.ring:
Gilroy Building Divishm
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14. The developer of the first project on the project site shall install a ,f\1ll eight-phase
signal operation at the:Monterey Street/Tenth Street intersection to provide
protectyd 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 commercial occupancy pe~it, SUbject to review aild
a~ptova1 by the ,City Engineering Division.'
Party responsible ftr implementation:
Party responsible for monitoring:
,Applicant ,
Gilroy Engineering Division
16. The developer$hall construct frontage improvements along Luchessa A ve~ue
and MoIiterey Street concurrent with adjacent development on the.project site"
The pedestrian improvements sh~ be completed prior to the iSsuance of
Qccupancypermits for the adjacent uses. The frontage improvements shall
include construction of a. half-street section iricluding the' eastbound ,l~nes of
Luchessa Avenue. the southboUnd lanes of Monterey' Street, and a4jacent
sidewalks. curbs, gutters, and landscaping, and the re-striping o( the pedestrian
cr()sswa1k~ serving the southwest cotner of me Monterey Street and Luchessa.
Avenue intersection. '
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilro)l Planning Division
18. ,Due to the possibility that significant buried cultUral resources might be found
duringconstruction,the Citybf Gilroy shall ensUre that tbe following 1angtiage is
included in any grading or construction documents issued for the proposed
project that could include earth movement: '
, ,
If archaeological resources or human retnainsare discovered during construction,
'work shall be halted at a nrinhmim of 200 feet from the find and th~ area shall be '
staked off. The project developer sballnotify a qualified professioIlal
archaeologist. If the find is determined to be siguificant, appropriate mitigation
measures shall ,be formulated' and implemented.
Party responsible j,;r implementation:
Applt'cant
Party responsiblefor monitorirz.g:
, '
Gilroy Planning Division
19. In the event of an accidental discovery or recognition of any humap remains in
any location other than a dedicated cemetery, ,the City' of Gnroy shall ensure that
the folloWing language is included in any grading or constnlction documents
issued for the proposed schooLthat could include earth movement in accordance
with CEQA Guidelines section 150645(e):
If human remains are fouild dwing construction there shall, be no further
excavation or disturbance of the site or any nearby area reasonably
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suspected 'to ovedie adjacent human 'remains until the Gilroy Police
Department hasconta.cted, the coroner .of Santa Clara County to
determine that no investigation of the caUSe of death is required. If the
coroner determines the remains to be ,Native American the coroner. shall
contact the Native American Heritage Commission within 24hours. The
Na.tiv~ ,Ani.erican Heritage Conl1nission 'shall. identify the, person or
persons it believes to be the most likely descendent from the deceased'
Native American. TPe most liKely descendent 'may then make
recommendations to the landowner or the per~on responsible for the
excavation work, for means of treating or disposing of, with appropriate
~ . -' - , ' . :
digrrltr, the human remains and associated grave goods as provided in
Public Resources Code Section 5097.98. The 1an,downer or his authorized
representatiye shall rebury the Native American human rernams. and'
associated~ave goods with appropriate dignity On the property m a
loc(ition not subject to further disturbance if: a), the N(itive American
Herit~ge Commission, is unable to ,identify a niost likely descendent ot the
mostlikely descendent failed to makearecornrnendation within 24 hours
after being 110tifi.edby the commission; b) the4es~ende:nt identified fails to
make- a rec.oin:(l1endation; or' c) the la.ndowner or his authorized
representative rejects the rec.ommendation of the descendent, and the
mediation by the Native Amencart Herit~ge, CoInrnission fails, t.o provide'
measures accepta,b1e 'to' the land.owner.
Party rf!sponsible for implernpttation:
Party responsible for monitoring: ,
Applicant
Gilroy Planning Division
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I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2011-22 is an original resolution, or true and correct copy of a city
resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 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)