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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 2 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 4 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)