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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- -1- 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 -2- 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 ---- A TTEST:1 -3- 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 .~c"'" f.:C"'~" "r'.;'''''''''' .h ":,: . ~:"!~..: . .... '. ., - . ". - ",. -:. - --..... ." -' ',' - . - . 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. EMC Planning Group Inc. ' 681068 5-1 ':, \ Barberi us.~ndment SU/Jsequent FEfR 5.0 Mitigation Monitoring prog 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. ' 5-2 EMC Planning Group Inc. Barberi USA Amendment equ.ent F.EIR ~o Mitigation Moriitodng Program , , , aarberiUrban SerVice Area Amendment' Mitiga.tion NionitoringCheckli~t Ste 1 ,,,P 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 EMC Planning Group Inc. 5-3 ~.d Mitigation Monitoring progii/) , Barberi US endmentSubsequentFEIR 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 EMC Planning Group Inc. 5-4 Barberi lJSA Amendment ~equent FEIR ~o Mitigation MonitoringProgram 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 EMC Planning Group 1m:, 5-5 5.0 Mitigation Monitoring Prog Barberi us~endment Subsequent Ft:IR 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; 5-6 EMC Planning Group Inc. Barberi USA Amendment.equent FEIR . a Mitigation Monitoring p.r~gram 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 \ ... 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. 5-7 EMC Planning Group Inc. ~.o Mitigation Monitoring prdg. ' Barberi US, endment Subsequeni FEtR , , 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. 5-8 , ' -------~-----------------_.._---- EMC Plannin'g Group Inc. Barberi U$A Amendment~equent FEIR ~.o Mitigatio~ MonitoringProgram Party responsiblefor hnplementation: Applicant Party responsible for m(imitoring: Garoy Planning Division II. ' Th~ developer shall review the existing barrier along Lucllessa Avenue to, determine if a three-fQot higll eJ~:t~tl,$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 EMC Planning Group Inc:-.'--'---~-~'-~'----------->'-------'---------"--- 5-9 Barberi US endl11entSubse uentFEIR 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 5-10 --'-_.'--~----'-----------_."-------------'-EMC fiiinfi"i,ig Group /ric. Barberi USA Amendment equant fEIR ..0 Mitigation Monitoring Program , ! , ' 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 5-11 EMC Planning Group Inc, 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)