Resolution 2012-42I
RESOLUTION NO. 2012-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING TM 12 -01, A TENTATIVE MAP
OF THE HARVEST PARK RESIDENTIAL SUBDIVISION
ON AN APPROXIMATELY 36 ACRE SITE, LOCATED
WEST OF MONTEREY STREET, EAST OF WREN
AVENUE, AND NORTH AND SOUTH OF THE FUTURE
COHANSEY AVENUE EXTENSION, APN 790 -06 -016, 029,
030, 031, 032, and 033
WHEREAS, The James Group submitted application TM 12 -01 requesting a tentative
map to subdivide an approximate 36 -acre site into ninety -one (91) single - family lots, a multi-
family lot, and associated streets, alleys, and open space ( "the Project ") on APN 790 -06 -016,
029, 030, 031, 032, and 033, located west of Monterey Street, east and west of Wren Avenue,
and north and south of the future Cohansey Avenue extension; and
WHEREAS, the Planning Commission held duly noticed public hearings on July 26,
2012 and August 23, 2012 at which time the Planning Commission considered the public
testimony, the staff reports dated July 26, 2012 and August 23, 2012 ( "Staff Reports "), and all
other documentation related to application TM 12 -02, and recommended that the City Council
approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on September 10, 2012,
and considered the public testimony, the Planning Commission Staff Reports, a supplemental
staff report, and all other documentation related to application TM 12 -02 and requested City Staff
to prepare resolutions of approval for the Project; and
WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "), the City
Council considered an addendum to the negative declaration prepared for the Project in July
2012, and determined that the "Harvest Park Annexation and Residential Subdivision Project
UC\1066426.1 1' RESOLUTION NO. 2012 -42
092412 - 04706089
2
Negative Declaration," adopted in March 2007 with 41 mitigation measures that will
substantially lessen identified potential significant effects to a point where no significant impacts
will occur. The Project is thereby determined to comply with CEQA requirements; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this Project approval is based is the office of the
City Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT:
SECTION I
The City Council hereby finds as follows:
1. Public utilities and infrastructure improvements needed to serve the Project are in
close proximity to the Project site.
2. The proposed Project is consistent with the City's General Plan and the land use
designation for the property on the General Plan map (Neighborhood District).
3. The proposed Project is consistent with the City's Zoning Ordinance and
Subdivision and Land Development Code, and with the State Subdivision Map Act.
4. There is no substantial evidence in the entire record that the Project as mitigated
will have any significant effects on the environment
5. There are no facts to support the findings requiring denial of the proposed
tentative map under California Government Code section 66474.
SECTION II
Tentative Map TM 12 -01 should be and hereby is approved, subject to the conditions of
approval set forth in Exhibit "A" attached hereto and entitled "TM 12 -01 Harvest Park Final
Conditions of Approval," and subject to the Mitigation Measures in the Mitigated Negative
\LACk1066426.1 -2- RESOLUTION NO. 2012-42
092412 - 04706089
3
Declaration and the Mitigation Monitoring Reporting Program for the project, attached hereto as
Exhibit `B."
SECTION III
This Resolution shall take effect only if, and upon the same date that Resolution 2012 -41
takes effect approving RDO Housing Exemption application RDO HE 12 -02. If said ordinance
does not take effect, then this Resolution shall be null and void without further action by the City
Council, and application TM 12 -01 shall be deemed denied.
PASSED AND ADOPTED this 1 st day of October 2012 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, DILLON, LEROE- MUNOZ,
TUCKER, WOODWARD
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
A TTT[�T_
Shawna Freels, City Clerk
NONE
BRACCO, PINHEIRO
APPROVED:
ert Pinheiro, Mayor
UQ1066426.1 -3- RESOLUTION NO. 2012 -42
092412-04706089
TM 12 -01 Harvest Park Final Conditions of Approval
Planning Division (contact Melissa Durkin at 846 -0451, 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 "Harvest Park Annexation and
Residential Subdivision" negative declaration and the Addendum Negative Declaration.
2. Approval of TM 12 -01 is subject to the applicant receiving approval of RDO Housing
Exemption application RDO HE 12 -02 and Architectural & Site Review application A/S
12 -04.
3. The Final Map shall comply with the Tentative Map prepared by Ruggeri- Jensen -Azar,
dated June 2012, and stamped approved, except as modified by the City Council's
approval of this application and the conditions of approval.
4. The developer shall submit a copy of the Conditions, Covenants and Restrictions to the
Planning Division for approval prior to submittal of the Final Map.
5. Parcel A shall be incorporated into either or both lots 87 and 88.
6. Lot 93 shall be eliminated, with the land area incorporated into the remainder parcel east
of the SCVWD channel.
City Attorney (contact Linda Callon at 286 -5800, linda.callon @berliner.com)
7. The subdivider shall defend, indemnify, and hold harmless the City, its City Council,
Planning Commission, agents, officers, and employees from any claim, action, or
proceeding against the City or its City Council, Planning Commission, agents, officers,
and employees to attack, set aside, void, or annul an approval of the City, City Council,
Planning Commission, or other board, advisory agency, or legislative body concerning
this subdivision. City will promptly notify the subdivider of any claim, action, or
proceeding against it, and will cooperate fully in the defense. This condition is imposed
pursuant to California Government Code Section 66474.9.
8. With the exception of lots that received an exemption from the application of the City's
Residential Development Ordinance (RDO) (City Zoning Ordinance Sections 50.60 et
seq.), no building permit shall be issued in connection with this project if the owner or
developer of such development (i) is not in compliance with the RDO, any conditions of
approval issued in connection with such development, or other City requirements
applicable to such development; or (ii) is in default under any agreement entered into with
the City in connection with such development pursuant to the RDO.
Engineering Division (contact Don Dey or Sandra Meditch at 846 -0451,
Don. Dey@ci.gilroy.ca. us; Sandra .Meditch @cityofgilroy.org)
9. The developer shall install "No Stopping" signs along Wren Avenue between Farrell
Avenue and Vickery Avenue. The number of signs, separation, and placement shall be
EXHIBIT A
TM 12 -01 2
Final Conditions of Approval
9/17/12
subject to review and approval by the Public Works Department.
10. The developer shall replace the existing "No Stopping" signs on the south side of Farrell
Avenue across from Antonio del Buono School with "No Parking" signs. The number of
signs, separation, and placement shall be subject to review and approval by the Public
Works Department.
11. Construction traffic will not be permitted on Farrell Avenue or on Wren Avenue between
Farrell Avenue and Vickery Avenue during the hours that school crossing guards are on
duty. The developer shall provide satisfactory evidence that all contractors and
subcontractors have been informed of this requirement prior building permit issuance,
subject to the approval of the Public Works Department.
12. Sheet 1 — show phasing lines as per previous submittal.
13. Sheet 3 — Phasing diagram — extend phase 2 improvements to include Cohansey.
14. Improvement plans and final map shall be prepared by a California- registered Civil
Engineer and shall include license number and stamped (seal) when civil work is
required.
15. Grading, erosion control and drainage plans are required and shall be subject to the
review and approval of the Engineering Division prior to Final Map and /or Improvement
plan approval.
16. All work is to be done in compliance with the City of Gilroy Specifications Standards and
Design Criteria and is subject to all laws of this community by reference. Street
improvements and the design of all storm drainage, sewer and water lines, and all street
sections shall be in accordance with City Standards and shall follow the most current
Master plan for streets and each utility. The developer shall provide full street, curb,
gutter, sidewalk and electrolier improvements. Street section /design is to be per City
Standards (note that private streets are standards STR -3A through STR -413).
17. Low impact development measures are to be implemented. Measures to address storm
drain treatment, volume(best attempt to recreate pre - development volume release) and
flow rates(best attempt to recreate pre - development flow rates) shall be submitted with
improvement planstfinal map for review and approval by the Engineering Division.
18. Site preparation and fill construction shall be conducted under the observation of, and
tested by, a licensed soils or geotechnical engineer. A report shall be filed with the City
of Gilroy stating that all site preparation and fill construction meets the requirements of
the geotechnical investigation. This shall be subject to review and approval by the
Engineering Division.
19. Post development run -off must be the same as pre - development run -off. Analysis
identifying post/pre- development run -off rates shall be provided including all references
and supporting documentation (charts, graphs, calculations, etc).
20.All storm drain run -off must be pre- treated prior to entrance into public storm drain
system. Pre - treatment measures must be reviewed and approved by the Engineering
Division prior to Final Map and /or Improvement Plan approval.
21.Add following note to improvement (civil) plan title sheet above City Engineer's signature
block:
GENERAL APPROVAL NOTE
Approval of these plans does not release the developer from correction of mistakes,
errors, or omissions contained therein. If, during the course of construction, the public
EXHIBIT A
TM 12 -01 3
Final Conditions of Approval
9/17/12
interest requires a modification or a departure from the City specification or the approved
plans, the City shall have the authority to require such modifications or departure and
specify the manner in which the same is to be made.
22.Any work in the public right -of -way shall require a signing and striping plan and a traffic
control plan prepared by a licensed, professional engineer with experience in preparing
such plans. Signage and striping plans shall be overlaid on an existing, current aerial.
Where proposed improvements are an extension of an existing street and /or "conform" to
existing, adjacent improvements, signing and striping plans shall encompass the
minimum areas indicated in the City's current policy. Traffic Control Plan shall be
prepared in accordance with the requirements of the latest edition of the California
Manual on Uniform Traffic Control Devices.
23.All grading operations and soil compaction activities shall be per the approved soils
report and shall meet with the approval of the City Engineer.
24.As part of the first submittal for Final Map, the developer shall submit vector based
electronic files readable by AutoCAD and in PDF format. Additionally, after the Final Map
and Improvement Plans have been found to be technically correct and in substantial
conformance with the Tentative Map, the developer shall again submit vector based
electronic files readable by AutoCAD and in PDF format.
25.A SWPPP and an Erosion Control Plan is required for all development over 1 acre and
shall be filed with the City. WDID# shall be provided prior to Improvement Plan / Final
Map approval.
26. Certification of fire flow test is required prior to building permit final.
27. Certification of grades and compaction necessary to serve each phase of development is
required prior to building permit final. This statement must be added as a general note to
the Grading and Drainage Plan.
28.All retaining walls shall be masonry and shall be a modular system and /or cast in place
concrete with a decorative surfacing. All site retaining walls are subject to the review and
approval of the Planning, Building, and Engineering Divisions. Wood retaining walls shall
not be permitted.
29.All temporary roads or detours shall have temporary asphalt paving unless otherwise
approved by the City Engineer in writing.
30. If the project has excess fill or cut that will be off - hauled to a site or on- hauled from a site
within the city limits of Gilroy, an additional permit is required. This statement must be
added as a general note to the Grading and Drainage Plan.
31. The developer shall submit an estimate of the probable cost of developer - installed
improvements with the Final map submittal. The developer shall also submit fees and
bonds and enter into an improvement agreement prior to Final Map recordation.
32. Improvement plans are required for all off -site and on -site improvements. Prior to Final
Map approval and approval of the Improvement Plans, the following items will need to be
completed:
a. The developer shall provide joint trench composite plans for the underground
electrical, gas, telephone, cable television, and communication conduits and cables
including the size, location and details of all trenches, locations of building utility
service stubs and meters and placements or arrangements of junction structures as a
part of the Improvement Plan submittals for the project. A licensed Civil or Electrical
EXHIBIT A
TM 12 -01 4
Final Conditions of Approval
9/17/12
Engineer shall sign the composite drawings and /or utility improvement plans. (All dry
utilities shall be placed underground.)
b. The developer shall negotiate right -of -way with Pacific Gas and Electric and other
utilities subject to the review and approval by the Engineering Division and the utility
companies.
c. A note shall be placed on the plans which states that the composite plan agrees with
City Codes and Standards and that no underground utility conflict exists.
d. "Will Serve Letters" from each utility company for the subdivision shall be supplied to
the City.
e. The City will collect the plan check and inspection fee for the utility underground work.
33.A current Title Report shall be submitted for review to the City prior to Final map
approval.
34. Prior to any construction of the dry utilities in the field, the following will need to be
supplied to the City:
a. A professional engineer- signed and PG &E- approved original electric plan.
b. A letter from the design Electrical or Civil Engineer that states the electrical plan
conforms to City Codes and Standards, and to the approved subdivision improvement
plans.
35.AII lots shall drain to the street for storm drainage unless otherwise approved by the City
Engineer.
36. Homeowners Association documentation, Conditions, Covenants and Restrictions and /or
property owner's Maintenance Agreements shall be approved by the Planning Division
prior to the map being released for recordation.
37. The City shall be notified at least two (2) working days prior to the start of any
construction work and at that time the contractor shall provide a project schedule and a
24 -hour emergency telephone number list.
38.All work shown on the improvement plans shall be inspected. Uninspected work shall be
removed as deemed appropriate by the City Engineer.
39. The permanent street name sign shall be installed immediately after the curb and gutter
construction is complete.
40. The developer /contractor shall make accessible any or all City utilities as directed by the
City Engineer.
41.Applicant shall be required to obtain a City of Gilroy encroachment permit for all work (i.e.
sidewalk, curb, gutter, driveway, roadway, alley, etc.) in City right of way.
42.Applicant shall be required to obtain a SCVWD permit for all work (i.e. sidewalk, curb,
gutter, driveway, roadway, alley, etc.) in District right of way.
43. No utility boxes are allowed to be constructed in the sidewalk without prior written
approved by the City Engineer.
44. Infrastructure shall be in place to support the Phase being constructed.
45. Certification of improvements on the site plans are required prior to building final permit
(add to general notes on Title sheet of Plans).
46.A minimum of one exterior monument shall be set. Additional monuments can be
required by the City Engineer or City Surveyor as deemed necessary. Location of
monuments shall be tied out prior to work. Any City monuments damaged, displaced or
destroyed shall be replaced at the developer's sole expense.
EXHIBIT A
TM 12 -01 5 9/17/12
Final Conditions of Approval
47. Storm and sewer lines in private areas shall be privately maintained unless approved by
the City Engineer in writing.
48. Once the tentative map is approved, the developer shall submit an 8 -1 /2x11 -inch site
plan to the Engineering Divisions to assign addressing which shows the following: tract
number, lot number, Street names, property lines, right -of -way lines, north arrow and
curb cuts for driveways.
49. Provide calculations for sanitary sewer design and capacity.
50. Lowest finished floor elevation shall be 1' minimum above high water point or FIRM base
flood elevation, whichever is greater.
51. Housing fronting Alley A shall be addressed off of Annelie Street.
52.At time of tentative map application for Remainder parcel and /or Phase 5, the tentative
map shall include frontage improvements for Monterey Street including the signal at
Monterey and Cohansey, and Cohansey bridge crossing over Santa Clara Valley Water
District property at West Llagas Creek.
53. Provide /update hydraulic calculations for the proposed underground storage detention
showing sizing and treatment including all backup documentation used as part of the
hydraulic calculations (graphs, charts, tables, equations, assumptions) and all sources.
54. HOA shall be responsible for underground storm drain storage and detention system.
55. Provide letter from geotechnical engineer stating geotechnical engineer has reviewed
improvement plans including underground storm drain storage and detention system and
they are in conformance with recommendations of soils report and any supplements.
56. Construction documents and maps submitted for the improvements shown on this
Tentative Map shall be prepared in conformance with applicable published standards,
codes, and regulations as adopted by the City of Gilroy City Council (City), or other
agencies with jurisdiction over the project, at the time of tentative map approval. In the
event that there are conflicts between the City's adopted standards, codes, or regulations
and those of other jurisdictions, or the improvements incorporated into the tentative map,
the Applicant shall work with the Public Works Director and the Community Development
Director to resolve the conflict, to the greatest extent practical, to meet the intent of the
City's adopted standards, codes, or regulations.
57. Revise street light layout shall be per City Standards and as directed by the Traffic
Engineer.
58. Striping plan shall include current aerial for the intersection of Vickery/Wren.
59. The City encourages, but will not require, the applicant to adhere to the State's Complete
Streets Program which requires local agencies to give equal consideration to all modes of
transportation.
60. Provide 10 -foot storm drain easement along western and northern property lines and
provide storm runoff collection system for storm runoff coming from offsite. Provide plans
and details to indicating area being collected and volume. The applicant may propose an
alternate design that satisfies the intent of this condition, subject to the review and
approval of the City Engineer.
61. It appears the Wren Avenue will not be built to its ultimate configuration until Phases 3
and 4 are constructed. If the final map is to be phased, then a storm drain easement
shall be required along Wren to accommodate storm runoff collection system and shall
be owned and maintained by the HOA until such time as Wren is constructed to its
EXHIBIT A
TM 12 -01 6
Final Conditions of Approval
9/17/12
ultimate configuration and dedicated to the City.
62. Sheet 7, plans shall indicate area to be offered to homeowner. If homeowner does not
accept offer, land will become responsibility of HOA to own and maintain.
63.At northeast corner of Wren/Vickery, intersection existing storm drain manhole in
sidewalk shall be removed and proposed storm drain line shall extend to connect with
new manhole at the intersection of Wren and Vickery.
64. Sheet 7, plans shall show limits of removal of existing storm drain and waterline at
WrenNickery intersection.
65. Sheet 7, driveway on west side of 291 Vickery Lane shall not replaced.
66. Parcel A shall be revised to a storm drain easement for the benefit of either or both lot 87
or lot 88.
67.Area to be on Vickery to be relinquished shall be shown on Improvement Plans and Final
Map.
68. Any wells onsite shall be capped and abandoned per SCVWD Standards.
69. Provide separate utility sheet for phasing of utilities as shown on Sheet 4. Any waterlines
shall be looped.
70. In the event it is necessary to acquire offsite easements or street right -of -way, the owner
shall enter into an agreement with the City prior to Final Map approval agreeing to pay all
condemnation costs for dedication of all required easements or street right -of -way. This
agreement shall be recorded and require the owner to deposit all condemnation costs
with the City within 21 days of Final Map approval. The owner shall agree to provide an
initial cash deposit as determined by the City.
Fire Department (contact Jacqueline Bretschneider at 846 -0451,
jacqueline.bretschneider @ci.gilroy.ca.us)
TM Conditions shall be included on off -site improvement plans as "Fire Department Notes"
Prior to street completion the Fire Marshal shall be contacted and a fire clearance for off -site
improvements be scheduled. No building permits will be issued without a Fire —Off-Site
Improvement Permit.
71. Secondary access shall be provided when 30 or more units served. Secondary access is
to provide a second means to the project area as a whole. For each Phase there shall be
two roadways that provide Fire Access. If Phase 2 is done prior to Phase 1 additional
street access will need to be provided and Wren Avenue shall terminate in a turn - around
of a type approved by the Fire Marshal. A revised access plan is required for a Phase 2
prior to Phase 1 project.
72. Current fire hydrant locations are not approved and are considered conceptual only.
Final Fire Hydrant locations shall be approved with Off Site & On Site Improvement
Plans. If final Fire Hydrant Locations are desired have the project engineer meet
with the Deputy Fire Marshal to final location. Fire Hydrants shall be able to flow
1500 gpm with a 20 psi residual pressure. In general street hydrants shall be spaced
every 300 ft, and within 150 ft of any building. Hydrants shall be installed prior to
commencement of construction with combustible materials. The most remote hydrant
EXHIBIT A
TM 12 -01 7
Final Conditions of Approval
9/17/12
shall be flow tested by a qualified person or the Fire Marshal prior to possession by the
water department. Fire Hydrants shall be installed per City Standard Details including
curbway protection and setbacks.
73.All homes shall be provided with 1.5 inch water laterals from the public main to the 1"
meter; Exception, units on dead end alleys shall be provided with 2" laterals to 1" meters.
This is to allow adequate flow for a residential NFPA 13d fire sprinkler system. Alley
loaded units have exceeding long runs and 2" is needed to provide for adequate flow.
74. No traffic calming allowed unless approved by the Fire Chief and found to not adversely
impact Fire response time and not to adversely impact Fire Department response
apparatus /vehicles.
75. Gated Access Roadways shall be provided with electronic and provided with a remote
opening system compatible with the Fire Department equipment as well as KNOX key
over ride for Fire and Police access. Gated access plans shall be reviewed and
approved by the Fire Marshal prior to installation.
76. Street naming shall be done prior to off -site improvement plan and building plan
submittal. Addresses shall be assigned by the City Engineering Section prior to
improvement plan and building permit submittal. Street signage shall be installed prior to
any on -site improvements (foundations or buildings) has begun.
77. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance of
not less than 13.5 ft shall be provided. Dead end public streets in shall be provided with
a cul -de -sac of 78'diameter. Private dead end streets shall meet one of the Fire
Department standard turn around configurations. No parking shall be posted and red
curbing provided when Road widths are as follows:
a. Less then 28 ft.: no parking on either side
b. Less then 36 ft.: no parking on one side.
c. Over 36 ft parking not restricted.
78. Where parking is restricted, it shall be posted with signs for No Parking -Fire Lane and
curbs shall be painted red. Signage and curb painting shall be maintained in good
condition. The parking enforcement plan shall be reviewed and approved by Deputy Fire
Marshal prior to the final inspection of the first unit built. The parking enforcement plan
shall be provided by the developer for the HOA to follow, and shall be included in the
CC &R's.
79. Final map to include a paragraph that reads: "Red curbing and signage shall be
maintained by the Home Owners Association. A parking enforcement shall be
implemented by the Homeowners Association."
Architectural & Site Review Conditions
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 "Harvest Park Annexation and
Residential Subdivision" negative declaration and the Addendum Negative Declaration.
(Mandatory condition)
EXHIBIT A
TM 12 -01 8
Final Conditions of Approval
9/17/12
2. This project shall conform to the plans prepared by Ruggeri- Jensen -Azar, dated June
2012 and the plans prepared by William Hezmalhalch Architects, Inc., dated March 27,
2012, and stamped "approved," except 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 prepared by William Hezmalhalch Architects, Inc and
stamped "Approved" by the Planning Division. (Mandatory condition)
3. Approval of A/S 12 -04 is subject to the applicant receiving City Council approval of RDO
HE 12 -02 and TM 12 -01. (Mandatory condition)
4. Detailed landscaping plans including specifications for an irrigation system shall be
approved by the Planning Division in accordance with the adopted Consolidated
Landscaping Policy and Zoning Ordinance section 38, 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. (Mandatory condition)
5. The landscaping along the streets and in the paseos leading to the Parcel E shall be
augmented with shrubs and ground cover. (Discretionary condition)
6. The applicant shall provide landscaping along the east side of Annelie Street.
(Mandatory condition)
7. The detention basins shall have a maximum slope of 3:1 and a maximum depth of 3 feet.
(Discretionary condition)
8. 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. (Mandatory
condition)
9. 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. (Mandatory condition)
10. 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. (Mandatory condition)
11. All house elevations visible from any public or private right -of -way shall be constructed
using the Enhanced Lots elevations included in the plan sets dated March 27, 2012
prepared by William Hezmalhalch Architects. (Discretionary condition)
12. The homes on the motor court lots abutting the lots on Vickery Lane shall have a 10 -foot
side yard setback to the property line abutting the Vickery Lane lots. In addition, the
developer will be required to plant trees with dense foliage in these side yards.
(Discretionary condition)
13. Whenever a Plan 2 home abuts a home on Vickery Lane, the developer shall use a
reverse floor plan, such that the side of the home with the stairway abuts the Vickery
Lane lot. (Discretionary condition)
14.Air conditioning equipment shall be ground mounted. Show this condition as a note on
EXHIBIT A
TM 12 -01 9
Final Conditions of Approval
9/17/12
the plans. (Discretionary condition)
15. Landscaping in front of the sound - attenuating fence shall be installed concurrently with
the fence. Both the fence and landscaping shall be completed prior to building permit
final for homes adjacent to the fence. (Discretionary condition)
16. The homeowners' association shall maintain the sound - attenuating fence and the
landscaping in front of the sound - attenuating fence. (Discretionary condition)
17. The developer shall install a minimum six (6) foot high sound attenuation fence (at least
20 kilograms /square meter) along all rear yards of those lots abutting Cohansey.
(Mandatory condition)
18. The homeowners' association shall maintain all private parcels, alleys, and common area
landscaping within this subdivision. (Mandatory condition)
19. The applicant shall landscape the front yards of each home. (Discretionary condition)
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. (Discretionary condition)
21. The developer shall install open fencing in the rear yards of homes that back on to open
space. (Discretionary condition)
Fire Department (contact Jackie Bretschneider at 846 -0430,
Jacqueline. Bretschneider@ci.gilroy.ca. us)
These conditions shall be included as notes on the cover page of the construction drawings
submitted for building permit.
22. 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). (Discretionary condition)
23. Single Family Homes (including town homes) with front doors that are accessed via a
fenced or enclosed courtyard shall have an operable latch from the house side to allow
exiting to the public way (or open yard to a public way). (Discretionary condition)
24.An address shall be provided at building permit submittal. Building / House numbers
shall be clearly visible from the street the home fronts on. (Mandatory condition)
25. For Single family homes and attached Town - homes, addressing shall be from the street
that the front door faces and shall be visible from that street. If the house is recessed,
obstructed or at an angle such that the front door is not visible from the street, an
additional address sign shall be provided that is visible from the street. All main address
numbers shall be illuminated a minimum of 2.5 inches in height with a 3/8 inch stroke and
placed to read from left to right and /or top to bottom, and located at least 60 inches high
from the ground. (Mandatory condition)
26. The paseo - accessed units shall have an illuminated site diagram shall be installed at
each driveway entrance showing location and addresses of all buildings on the site.
Such diagram and signage to be reviewed and approved by the Fire Marshal.
EXHIBIT A
TM 12 -01 10
Final Conditions of Approval
(Mandatory condition)
9/17/12
Public Works (contact Don Dey or Sandra Meditch at 846 -0451, Don. Dey@ci.gilroy.ca. us;
sand ra.meditch @ci.gilroy.ca.us)
27. The developer shall enter into an agreement with the City to donate $30,000 for the
future City park located at the southeast corner of Vickery Avenue and Wren Avenue,
and to install two pieces of public art on parcels B and E. Design and installation of the
public art shall be subject to the review and approval of the City's Arts and Culture
Commission. (Discretionary condition)
EXHIBIT A
Community Development Department
Planning Division
NEGATIVE
DECLARATION
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
(408) 846 -0440
City File Number: A 05 -01, TM 06 -14, and A/S 06-45
Project Description:
Name of Project: Harvest Park Annexation and Residential Subdivision
Nature of Project: A Planned Unit Development application consisting of an Annexation, a Tentative
Map, and Architectural and Site Review to create 251 residential units of varying
densities on a 36 -acre site.
Project Location:
Location: The project site is located in the northern portion of the City of Gilroy and within
unincorporated Santa Clara County. The site is bounded by Monterey Road and Union
Pacific/Caltrain railroad tracks to the east, barns and a single - family residential home to the
north, and a residential home and Antonio Del Buono School to the south west.
Assessor's Parcel Number: 790 -06 -016, 029, 030, 032, 033
Entity or Person(s) Undertaking Project:
Name: South County Housing Authority
Address: 9015 Murray Avenue, Suite 100, Gilroy CA 95020
Initial Study:
An Initial study of this project was undertaken and prepared for the purpose of ascertaining whether this
project might have a significant effect on the environment. A copy of this study is on file at the City of Gilroy
Planning Department, 7351 Rosanna Street, Gilroy, CA 95020.
Findings & Reasons:
The Initial Study identified potentially significant effects on the environment. However, this project has been
mitigated (see Mitigation Measures below which avoid or mitigate the effects) to a point where no significant
effects will occur. There is no substantial evidence the project may have a significant effect on the
environment. The following reasons will support these findings:
1. The proposal is a logical component of the existing land use of this area.
Harvest Park Annexation and Residential Subdivision
Negative Declaration
January 2007
2. Identified adverse impacts are proposed to be mitigated through preparation of special studies and
construction of off -site improvements.
3. The proposed project is consistent with the adopted goals and policies of the General Plan of the City of
Gilroy.
4. City staff independently reviewed the Initial Study, and this Negative Declaration reflects the independent
judgment of the City of Gilroy.
Mitigation Measures:
Prior to approval and issuance of the final improvement plans, the following mitigation measures shall be
implemented:
1. The project applicant shall specify in project plans the implementation of the following dust control measures
during grading and construction activities for the proposed project. The measures shall be implemented as
necessary to adequately control dust, subject to the review and approval by the City of Gilroy Engineering
Division:
The following measures shall be implemented:
• Water all construction areas at least twice daily;
• Cover all trucks hauling soil, sand, and other loose materials;
• Apply clean gravel, water, or non -toxic soil stabilizers on all unpaved access roads, parking areas and
staging areas at constructions sites;
• Remove excess soils from paved access roads, parking areas and staging areas at construction sites;
• Sweep streets daily (with mechanical sweepers) if visible soil material is carried onto adjacent public
streets;
• Hydroseed or apply non -toxic soil stabilizers to inactive construction areas (previously graded areas
inactive for ten days or more);
• Enclose, cover, water twice daily, or apply non -toxic soil binders to exposed stockpiles (dirt, sand, etc.);
• Limit traffic speeds on unpaved roads to 15 miles per hour;
• Install sandbags or other erosion control measures to prevent silt runoff to public roadways;
• Replant vegetation in disturbed areas as soon as possible;
• Install wheel washers for all exiting trucks or wash off the tires or tracks of all trucks and equipment
leaving the construction site;
• Install wind breaks at the windward sides of the construction areas;
• Suspend excavation and grading activities when wind (as instantaneous gusts) exceeds 25 miles per
hour;
• The idling of all construction equipment shall not exceed five minutes;
• Limit the hours of operation of heavy duty equipment and /or the amount of equipment in use;
• All equipment shall be properly tuned and maintained in accordance with the manufacturer's
specifications;
• When feasible, alternative fueled or electrical construction equipment shall be used for the project site;
• Use the minimum practical engine size for construction equipment; and
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Harvest Park Annexation and Residential Subdivision January 2007
Negative Declaration
• Gasoline - powered equipment shall be equipped with catalytic converters, where feasible.
2. Fire Sprinkler systems shall be installed per NFPA 13D requirements. Systems are subject to review and
approval by the Fire Marshal.
3. The project applicant shall pay all applicable fire department development impact fees to the City's Capital
Improvement Program, subject to monitoring by the Gilroy Building Division.
4. The project applicant shall pay all applicable police department development fees to the City's Capital
Improvement Program subject to monitoring by the Building Division.
5. The project applicant shall pay the applicable school development fees, subject to monitoring by the Gilroy
Unified School District and Building Division.
6. The project applicant shall disclose to potential home owners that elementary students in their household will
not attend the adjacent Antonio del Buono Elementary School.
7. The project applicant shall pay all applicable park development fees, subject to monitoring by the Building
Division.
8. The project applicant shall pay all applicable library development fees, subject to monitoring by the Building
Division.
9. The project applicant shall pay all applicable infrastructure impact fees to the City of Gilroy, subject to
monitoring by the Gilroy Engineering Division.
10. The project applicant shall pay all applicable infrastructure impact fees to the City of Gilroy, subject to
monitoring by the Gilroy Engineering Division.
Prior to approval and issuance of a grading or building permit, the following mitigation measures shall be
implemented:
11. Subject to the review and approval of the Planning Division, new outdoor lighting shall be directed on -site and
designed and installed with shielding.
12. The project shall comply with applicable Gilroy General Plan policies and actions and with the City's Lighting
Standards.
13. Focused plant surveys should be conducted for Hoover's button -celery in July and legenere between April
and June. If these species are not observed during the focused surveys, they can be considered absent from
the project site. If they are observed, they should be mapped and impacts to the population(s) from the
proposed project quantified. If impacts are anticipated, a mitigation and monitoring plan should be developed
in consultation with CDFG that may include population avoidance, seed collection and propagation, and /or
other measures to minimize the adverse impacts to the species.
14. If ground disturbance is scheduled to occur during the breeding bird season (February 1 to August 1), a
qualified biologist shall conduct pre - construction nesting bird surveys within 30 days prior to the onset of any
construction activity. If white - tailed kite, loggerhead shrike, California horned lark, or any other bird species
protected under the Migratory Bird Treaty Act and Fish and Game Codes are observed nesting on or near the
project site, an appropriate buffer zone shall be established around all active nests to protect nesting adults
and their young from construction disturbance. Buffer zones shall be determined in consultation with CDFG
based on the site conditions and the species potentially impacted. Work within the buffer zone should be
postponed until all the young are fledged, as determined by a qualified biologist. Currently, CDFG requests a
300 -foot buffer for nesting raptors such as white - tailed kite, a 100 -foot buffer for special- status passerines
such as loggerhead shrike, and a 50 -foot buffer for all other native bird nests (Johnston, pers. comm.). To
Harvest Park Annexation and Residential Subdivision
Negative Declaration
January 2007
accommodate nesting raptors, pre - construction surveys should include all land within 300 feet of the edge of
the site.
15. A qualified burrowing owl biologist shall conduct a burrowing owl pre- construction survey within 30 days prior
to initial ground disturbance or construction activity. The qualified burrowing owl biologist shall survey the
entire project site and a 250 -foot buffer to determine presence or absence of the species.
If burrowing owls are observed on the project site outside of the breeding season, an experienced
burrowing owl biologist may use passive relocation to prevent take and ensure burrowing owls are not
present on the project site for construction and grading activities. A qualified burrowing owl biologist shall
do all exclusionary device installation and subsequent monitoring. Passive relocation should be
performed in consultation with CDFG.
If burrowing owls are occupying the project site during the nesting season (February 1 through August 1),
nest burrows shall be avoided by setting up a 250 -foot exclusion area around the nest burrow (CDFG
1995) and CDFG shall be contacted for guidance. The active nest shall be monitored to ensure
construction activity does not disturb the nesting owls or cause nest abandonment. Work within the buffer
zone shall be postponed until all the young are independent, as determined by a qualified biologist.
CDFG may require a detailed mitigation plan that includes passive relocation after the young have
fledged and maintenance of occupied habitat offsite in perpetuity.
16. A site assessment for CTS shall be performed according to current protocol, which involves submitting
specific information in a report to the USFWS (USFWS and CDFG 2003). Based on the results of the site
assessment, the USFWS will determine if the site may provide habitat for CTS and whether further surveys
are necessary. If the USFWS no longer considers the site to be appropriate for CTS, then no further actions
are required.
If the USFWS requires focused surveys according to protocol, two consecutive years of drift -fence studies are
needed to support a negative finding (USFWS and CDFG 2003). If CTS are present, a take permit must be
acquired, which typically includes acquisition and management of occupied CTS lands in perpetuity.
17. Within 14 to 30 days prior to construction, a qualified biologist shall conduct a ground survey for American
badger dens. If dens are present, the qualified biologist shall determine if they are occupied by studying
recent sign or monitoring for tracks using den dusting techniques for three consecutive days. If active dens
are present, CDFG shall be contacted for permission to excavate and passively relocate the badgers. Note
that CDFG may not approve excavation of active natal dens, which could be avoided by constructing in the
late summer or fall under the direction of a qualified biologist.
18. A jurisdictional wetland delineation shall be conducted, and verified by the Corps, to determine the presence
and extent of jurisdictional wetlands and other waters on the project site. If jurisdictional areas are verified on
the project site, and these will be impacted by the proposed project, a Corps permit (and subsequent 401
certification) would be required. In addition, if a bridge is built across Llagas Creek, and any portion of the
bridge falls within CDFG jurisdiction (e.g., below the top of bank of the Creek), a Streambed Alteration
Agreement would be required. Any impacts to jurisdictional waters that may occur as a result of the proposed
project would be reduced to less- than - significant levels by following the terms and conditions of the Corps
permit, 401 certification, and CDFG Streambed Alteration Agreement, if required.
19. If prehistoric or historic period materials are discovered during grading or construction, work shall be halted
within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the find is
determined to be significant, appropriate mitigation measures shall be formulated and implemented (Gilroy
General Plan Policy 5.07).
20. If human remains are found during construction there shall be no further excavation or disturbance of the site
or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara
County is contacted to determine that no investigation of the cause of death is required. If the coroner
determines the remains to be Native American the coroner shall contact the Native American Heritage
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Harvest Park Annexation and Residential Subdivision
Negative Declaration
January 2007
Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons
it believes to be the most likely descendent (MILD) from the deceased Native American. The MILD may then
make recommendations to the landowner or the person responsible for the excavation work, for means of
treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided
in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the
Native American human remains and associated grave goods with appropriate dignity on the property in a
location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify
a MILD or the MILD failed to make a recommendation within 24 hours after being notified by the commission;
b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized
representative rejects the recommendation of the descendent, and the mediation by the Native American
Heritage Commission fails to provide measures acceptable to the landowner.
21. The project applicant shall submit a soils investigation prepared by a qualified soils engineer for the proposed
project. The recommendations of the soils investigation shall be incorporated into the final building plans,
subject to the review and approval by the City of Gilroy Engineering Division prior to approval of building
permits.
22. The project applicant shall design all structures in accordance with the Uniform Building Code for seismic
design. Foundation design should include the use of structural mat or post- tension slab foundations, rather
than conventional spread footings. Structural design is subject to the review and approval by the City of
Gilroy Engineering Division prior to the issuance of building permits.
23. The applicant shall prepare an erosion and deposition control plan detailing appropriate methods of erosion
and deposition control during grading, construction, and operation of the proposed project. The erosion and
deposition control plan shall be subject to review and approval by the City of Gilroy Engineering Division prior
to the issuance of building permits.
24. As required by General Plan Action 25.E, the applicant shall prepare a site - specific soils report for the
proposed project which includes laboratory testing of on -site soils as well as design criteria for building
foundations, basement walls, roads, and other structures to mitigate impacts associated with expansive soils.
The soils report shall be subject to review and approval by the City of Gilroy Engineering Division prior to
issuance of building permits.
25. The project applicant shall prepare a detailed Flood Management and Mitigation Plan (FMMP), subject to
approval by the Santa Clara Valley Water District (SCVWD) and the City of Gilroy.
26. The project applicant shall submit a Notice of Intent (NO[), detailed engineering designs, and a Storm Water
Pollution Prevention Plan ( SWPPP) program to the Central Coast RWQCB to obtain a NPDES General
Construction permit prior to any grading or construction activities. This permit shall require implementation of
an approved SWPPP that uses storm water Best Management Practices to control runoff, erosion, and
sedimentation from the site during the grading /construction and long -term operational phases of the project.
The SWPPP is subject to review and approval by the Central Coast RWQCB and the Gilroy Engineering
Division.
27. The first floor of all buildings shall be constructed a minimum of two feet above existing ground level to reduce
flood risks within Zone X designated areas.
28. The following language shall be included on all permits issued for this project, subject to the review and
approval of the Building Division: "All construction activities shall be limited to weekdays between 7:00 a.m.
and 7:00 p.m. and to Saturday and City holidays between 9:00 a.m. and 7:00 p.m. No construction is allowed
on Sundays ".
29. All construction equipment engines shall be properly tuned and muffled according to manufacturers'
specifications.
Harvest Park Annexation and Residential Subdivision
Negative Declaration
January 2007
30. Noise construction activities whose specific location on the site may be flexible (e.g., operation of
compressors and generators, cement mixing, general truck idling) shall be conducted as far as possible from
the nearest noise - sensitive land uses, and natural and /or manmade barriers (e.g., intervening construction
trailers) shall be used to screen propagation of noise from such activities towards these land uses to the
maximum extent possible.
31. The use of those pieces of construction equipment or construction methods with the greatest peak noise
generation potential shall be minimized. Examples include the use of drills and jackhammers.
32. Barriers such as plywood structures or flexible sound control curtains shall be erected along the western edge
of the site to minimize noise exposure to the residential uses.
33. The project frontage on Monterey Road shall be designed such that sufficient right -of -way is available for the
future widening and addition of a bike /pedestrian trail on Monterey Road, as specified in the City of Gilroy
General Plan and the City of Gilroy Trails Master Plan. Additionally, the project site design shall
accommodate, as necessary, the planned trail in the Llagas Creek Corridor. The design of Cohansey Avenue
shall accommodate Class II bike lanes or other similar bike facility.
34. Sidewalks shall be built on both sides of all streets in the development and on the project frontage on
Monterey Road. Additionally, the sidewalk on the east side of Wren Avenue shall be extended south to
Antonio del Buono Elementary School to facilitate pedestrian access between the school and the project site.
35. The recommended turn pocket lengths for the Monterey /Cohansey intersection are as follows: The eastbound
left -turn shall be a double left -turn lane with 125- to 150 -foot pockets, the southbound right -turn lane shall be
100 feet long, and the northbound left -turn pocket shall be 100 to 125 feet long.
36. The radius of the horizontal curve on Church Street, south of Cohansey Avenue shall be increased to at least
610 feet to comply with City street design standards.
37. The roadway width of the residential alleys on the project site shall be increased to at least 20 feet to comply
with the City of Gilroy Municipal Code. The driveways and alley widths where alleys connect to collector and
arterial streets shall be flared to at least 24 feet to provide better two -way access for vehicular traffic.
Additionally, on- street parking shall not be allowed near these driveways to maintain adequate site distance
at the driveways.
38. The sidewalks on the various local public streets on the site shall be widened to at least 6 feet to comply with
City street design standards.
39. The first median break on Cohansey Avenue, west of Monterey Road, as shown on the site plan shall be
closed or shall be relocated so that it is situated west of the beginning of the bay taper for the eastbound left-
turn lanes at Monterey Road. Assuming a 120 -foot bay taper, the first median break would be approximately
245 to 270 feet west of Monterey Road.
40. The applicant shall provide parking in compliance with the Zoning Ordinance subject to the review and
approval of the Planning Division.
41. The project will provide accommodations for the proposed improvements on Monterrey Road subject to the
review and approval of these improvements.
Date Prepared: June _, 2006
End of Review Period: July _, 2006
Date Adopted by City Council: July _, 2006
Harvest Park Annexation and Residential Subdivision
Negative Declaration
William Faus
Planning Division Manager
bfaus@ci.gilroy.ca.us
January 2007
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2012 -42 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 1St day of October, 2012, 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 2nd day of October, 2012.
Sliawna Freels, MMC "
City Clerk of the City of Gilroy
(Seal)