Resolution 2012-47RESOLUTION NO. 2012-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING TM 12 -02, A TENTATIVE MAP
CREATING 60 RESIDENTIAL LOTS, 5 OPEN SPACE LOTS,
AND 5 PRIVATE STREETS ON A PROPERTY OF
APPROXIMATELY 7.45 ACRES LOCATED ON
MONTEREY STREET AT ELEVENTH STREET, BETWEEN
TENTH STREET AND LUCHESSA AVENUE, APNS 799 -33-
048 THROUGH 799 -33 -064
WHEREAS, Signature Development Group submitted application TM 12 -02 requesting a
tentative map to subdivide an approximate 7.45 -acre site into sixty (60) duet lots, five open space
lots, and five private streets ( "the Project ") on APNs 799 -33 -048 through 799 -33 -064, located
on Monterey Street at Eleventh Street, between Tenth Street and Luchessa Avenue; and
WHEREAS, the Planning Commission held a duly noticed public hearing on October 4,
2012 at which time the Planning Commission considered the public testimony, the staff report
dated October 4, 2012 ( "Staff Report"), 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 November 5, 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
September 2012, and determined that the "Eleventh Street Commons Project Negative
Declaration" adopted in May 2005 with 15 mitigation measures will substantially lessen
OUNG01839468.1 - 1 RESOLUTION NO. 2012 -47
013111 - 04706089
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 that
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 (Gateway 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 -02 should be and hereby is approved, subject to the conditions of
approval set forth in Exhibit "A" attached hereto and entitled "TM 12 -02 Monterey Street
Duplexes Final Conditions of Approval," and subject to the Mitigation Measures in the Mitigated
\DUNCO1839468.1 -2- RESOLUTION NO. 2012-47
013111-04706089
Negative Declaration and the Mitigation Monitoring Reporting Program for the project, attached
hereto as Exhibit `B."
PASSED AND ADOPTED this 19th day of November 2012 by the following roll call vote:
AYES: COUNCILMEMBERS:
TUCKER, and PINHEIRO
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ARELLANO, DILLON, LEORE- MUNOZ,
NONE
BRACCO, WOODWARD
APPROVED:
Al eiro, Mayor
\DUNCO1839468.1 -3- RESOLUTION NO. 2012 -47
013111-04706089
TM 12 -02
Monterey Street Duplexes
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 "Eleventh Street Commons General
Plan and Zone Change Project" negative declaration and the Addendum Negative
Declaration.
2. Approval of TM 12 -02 is subject to approval of Zone Change application Z 12 -02 and
Architectural and Site Review approval A/S 12 -29.
3. The Final Map shall comply with the Tentative Map prepared by Ruggeri- Jensen -Azar,
dated August 30, 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. Prior to Final map approval, the developer shall complete the property dedication and
reciprocal access easement elimination, subject to review and approval by the Planning
and Engineering Divisions.
6. Prior to Final Map approval, the developer shall enter into an agreement with the City to
provide public art within this subdivision. The agreement shall specify that the public art
is subject to the review by the Public Arts committee and approval of the Arts and Culture
Commission.
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.
Exhibit A
TM 12 -02 2
Final Conditions of Approval
11/19/12
Engineering Division (contact Don Dey or Sandra Meditch at 846 -0451,
Don. Dey@ci.gilroy.ca. us; Sandra. Med itch@cityofgilroy. org)
9. Grading, erosion control, and drainage plans are required and shall be subject to the
review and approval of the Engineering Division prior to building permit issuance.
10. 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.
11. Infrastructure shall be in place prior to the issuance of building permit.
12. New utility lines, appurtenances, and associated equipment, including but not limited to
electrical transmission, street lighting, and cable television shall be required to be placed
underground.
13.As part of the first submittal for Final Map, the developer shall submit vector based
electronic files readable by AutoCAD.
14.A SWPPP and an Erosion Control Plan is required for all development over 1 acre.
WDID# shall be provided prior to Improvement Plan / Final Map approval.
15. Certification of improvements on site plans is required prior to Building final (add to
general notes on Title sheet of plans).
16. Certification of fire flow test is required prior to final permit (add to general notes on Title
sheet of plans).
17. Certification of grades and compaction is required prior to building permit final. This
statement must be added as a general note to the Grading and Drainage Plan.
18.AII 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.
19.A Traffic Control Plan shall be provided in the Improvement Plans set for all work within
the public right -of -way and are to be prepared by a registered consultant with experience
in Traffic Control Design.
20.All temporary roads or detours shall have temporary asphalt paving unless otherwise
approved by the City Engineer in writing.
21. All work is to be done in compliance with the City of Gilroy Specifications Standards and
Design Criteria, unless modified per the City Engineer's approval, and is subject to all
laws of this community by reference.
22. 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). 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. All design shall be in conformance with the City of
Gilroy Municipal Code Chapter 27D.
23. The 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 the City right of way.
Exhibit A
TM 12 -02 3 11/19/12
Final Conditions of Approval
24. The applicant shall be required to obtain a SCVWD permit for all work in District right of
way.
25. The lowest finished floor elevation shall be 1 foot minimum above the high water point or
FIRM base flood elevation, whichever is greater (see Standards for further details).
26.AI1 grading operations and soil compaction activities shall be per the approved soils
report and shall meet with the approval of the City Engineer. Grading plans shall show
the grades of all adjacent properties.
27.A minimum of one exterior monument shall be set. Additional monuments can be
required by the City Engineer or City Surveyor as deemed necessary.
28. The location of monuments shall be tied out prior to work. Any City monument damaged,
displaced or destroyed shall be replaced at the developer's sole expense.
29.A Final Map with all required dedications shall be filed with a copy transmitted to the City.
30. The developer shall submit an estimate of the probable cost of developer - installed off -site
improvements with the Final map submittal.
31.The developer shall submit fees and bonds and enter into an improvement agreement
prior to Final Map approval.
32. 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 Engineer
shall sign the composite drawings and /or utility improvement plans. (All dry utilities
shall be placed underground.)
b. 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.
c. "Will Serve Letters" from each utility company for the subdivision shall be supplied to
the City.
d. The City will collect the plan check and inspection fee for the utility underground work.
33. 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.
34.AI1 lots shall drain to the street for storm drainage unless otherwise approved by the City
Engineer.
35. Improvement plans are required for all on -site and off -site improvements.
36. 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.
37. Storm and sewer lines in private streets shall be privately maintained unless approved by
the City Engineer in writing. The existing public sewer line shall remain public and shall
be publicly maintained.
38. The project is located in a special flood hazard area as shown on the most current flood
insurance rate map; a flood zone study may be required. Should the City Engineer
Exhibit A
TM 12 -02 4
Final Conditions of Approval
11/19/12
determine a LOMR (letter of map revision) is required, no permits will be issued until a
CLOMR (conditional letter of map revision) is completed. No permits will be finaled until
the LOMR is complete. Any flood conditions imposed on this project by the National
Flood Insurance Program or the City of Gilroy will be enforced by the City of Gilroy.
39. The project is located in a special flood hazard area. Provide the following statement in a
bold box with minimum '/ -inch text on the front sheet of the plan set: "This project is
located in a Flood Zone. A Conditional Elevation Certificate is required prior to the
foundation pour and an Elevation Certificate with pictures of each of the four building
elevations is required prior to final inspection."
40. If creating a Homeowners Association, Conditions, Covenants and Restrictions and /or
property owner's Maintenance Agreement, the document shall be approved by the
Planning Division prior to the map being released for recordation.
41. 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.
42.All work shown on the improvement plans shall be inspected. Uninspected work shall be
removed as deemed appropriate by the City Engineer.
43. Once the tentative map is approved, the developer shall submit an 8 -1/2 X 11 -inch site
plan to the Engineering Division to assign addressing which shows the following: tract
name and number, lot number, street names, property lines, right -of -way lines, north
arrow and curb cuts for driveway.
44. The permanent street name sign shall be installed immediately after the curb and gutter
construction is complete.
45. During construction of the public improvements shown on the approved improvement
plans, the developer /contractor shall make accessible any or all City utilities to which the
project utilities are connecting, as directed by the City Engineer.
46. All existing water wells shall be sealed to meet the approval of the City Engineer and the
Santa Clara Valley Water District (SCVWD).
47. Development shall annex to Community Facilities District No. 2012-1 (Landscape
Maintenance) to fund the maintenance of landscaping in the public right -of -way or Public
Utility Easement prior to approval of the Final Map. Alternatively, the Homeowners'
Association shall maintain the landscaping in the City right -of -way.
48. The sanitary sewer lift station shall be placed underground and shall be the responsibility
of the Homeowner's Association.
49. The water line in the development shall be public.
50. No utility boxes are allowed to be constructed in the sidewalk without prior written
approved by the City Engineer.
51. Remove trees from the corner bulb -outs due to concerns regarding line -of -site.
52. Provide signing and striping plans.
53. Provide street lighting:
a. Streetlights shall be standard cobra lights on Monterey St. and Holophane for
local /private streets.
b. See City Standards for streetlight spacing.
c. Show spacing to nearest existing streetlights on Monterey St. both north and south
of project.
d. Streetlights shall be placed starting at departure side of the intersections. Final
locations shall be coordinated with City Traffic Engineer.
Exhibit A
TM 12 -02 5
Final Conditions of Approval
11/19/12
54. Prior to Final Map approval, a maintenance plan and funding mechanism for the bio-
retention basin shall be reviewed and approved by the Engineering Division.
55. Provide a Storm Water Runoff Management Plan per Municipal Code Section 27D.5.
56. This property is subject to Development Impact fees which are storm, water, sanitary
sewer, school, traffic, public facilities.
57. The improvement plans shall include installation of a continuous Class II Bike Lane and
signage on the west side of Monterey Street from Tenth Street to Luchessa Avenue.
58. The improvement plans shall include installation of a continuous sidewalk on the west
side of Monterey Street from Tenth Street to Luchessa Avenue, or an alternative design
acceptable to the Public Works Director.
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 Inspection and Fire Flow Testing of Fire Hydrants administered by the Fire
Marshal:
59. 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.
60. Fire Hyrants shall be added to Monterey Street frontage improvements per City Standard.
Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure. Private
Street Hydrants shall be spaced every 300 ft. Off site improvement plan shall provide
Fire Hydrants per the City Standard. Hydrants shall be installed prior to commencement
of construction with combustible materials.
61.All homes shall be provided with 1.5 inch water laterals and 1" meters sized to allow for a
residential NFPA 13d fire sprinkler system. Off site improvement plan shall show that all
homes shall be provided with 1.5 inch water laterals and 1" meters sized to allow for a
residential NFPA 13d fire sprinkler system. The water supply system shall be a public
system unless a separate fire loop system is provided.
62. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance of
not less than 13.5 ft shall be provided. Turning radius shall not be less than 32' inside
and 39'. Parking shall be restricted as follows:
a. Less than 28 ft., no parking on either side
b. Less than 36 ft,. no parking on one side.
c. At or over 36 ft., parking not restricted.
63. Where parking is restricted, it shall be posted with signs for No Parking -Fire Lane and
curbs shall be painted red. Include details in Off -Site improvement plans.
64. For private streets, the Final Map shall include a paragraph that reads: "Red curbing and
signage shall be maintained by the Home Owners Association. A parking enforcement
Exhibit A
TM 12 -02 6
Final Conditions of Approval
11/19/12
shall be implemented by the Homeowners Association."
65.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.
Exhibit A
Community Development Department
Planning Division
ADDENDUM MITIGATED NEGATIVE
DECLARATION
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
(408) 846 -0440
City File Number: Z 12 -02, A/S 12 -29, TM 12 -02
Project Description:
Name of Project: Eleventh Street Commons Project
Nature of Project: Development of 60 Duet Homes
Project Location:
Location: The project site is located just outside of downtown Gilroy
immediately south of the Platinum Theatres. Surrounding land
uses include the Platinum Theatre and parking lot located north of
the project site; residential uses along London Place located south
of the project site; residential uses along Garden Court located
west of the project site; and commercial uses along Monterey
Street located east of the project site.
Assessor's Parcel Numbers: 799 -33 -048 through 799 -33 -064
Entity or Person(s) Undertaking Project:
Name: Signature Development Group
Address: 2201 Broadway, Suite 604, Oakland, CA 94612
Eleventh Street Commons Project 2 September 2012
Addendum
Mitigated Negative Declaration
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.
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:
The following mitigation measures shall be implemented prior to issuance of a grading
permit:
AM AQ -1.1: The following avoidance measures shall be implemented during all phases of
construction per BAAQMD's Basic Construction Mitigation Measures to prevent
visible dust emissions from leaving the project site:
• Water all active construction areas at least twice daily or as often as needed
to control dust emissions.
• Cover all trucks hauling soil, sand, and other loose materials and /or ensure
that all trucks hauling such materials maintain at least two feet of freeboard.
• Pave, apply water twice daily, or as often as necessary, to control dust, or
apply non -toxic soil stabilizers on all unpaved access roads, parking areas
and staging areas at construction sites.
• Sweep daily, or as often as needed, with water sweepers all paved access
roads, parking areas and staging areas at construction sites to control dust.
• Sweep adjacent public streets daily, or as often as needed, to keep streets
free of visible soil material.
• Hydroseed or apply non -toxic soil stabilizers to inactive construction areas.
Eleventh Street Commons Project 3 September 2012
Addendum
Mitigated Negative Declaration
• Enclose, cover, water twice daily or apply non -toxic soil binders to exposed
stockpiles (dirt, sand, etc.).
• Limit vehicle traffic speeds on unpaved roads to 15 mph.
• Replant vegetation in disturbed areas as quickly as possible.
• Install sandbags or other erosion control measures to prevent silt runoff to
public roadways.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Engineering Division
MM BIO -1: To reduce impacts to nesting raptors to a less than significant level, the project
will implement the following measures:
■ Should project construction be scheduled to commence between February 1
and August 31, a pre- construction survey shall be conducted by a qualified
biologist for nesting birds within all trees within 250 feet of the site. This
survey shall occur within 30 days of the on -set of construction.
If pre- construction surveys undertaken during the nesting season locate
active nests within or near construction zones, these nests, and an
appropriate buffer around them (as determined by a qualified biologist) shall
remain off - limits to construction until the nesting season is over. Suitable
setbacks from occupied nests shall be established by a qualified biologist
and maintained until the conclusion of the nesting season.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Planning Division
MM BI0-2: The project proposes to implement the following measures identified in the 2005
IS /MND to avoid or reduce impacts to burrowing owls.
Subject to the review of the City of Gilroy Planning Division, no more than
30 days prior to commencement of grading or construction activities on
the project site, field surveys shall be conducted by a qualified biologist to
determine if burrowing owls are present in the construction zone or within
200 feet of the construction zone. Areas within 200 feet of the
construction zone that are not within the control of the applicant shall be
visually assessed from the project site. These surveys shall be required
only if any construction would occur during the nesting and /or breeding
season of burrowing owls (February 7 through August 31) and /or during
the winter residency period (December 1 through January 31). If active
nests are found in the survey area, a burrowing owl habitat mitigation
plan shall be submitted to the California Department of Fish and Game
for review and approval. The burrowing owl habitat mitigation plan shall
contain mitigation measures outlined in the California Department of Fish
and Game Staff Report on Burrowing Owl Mitigation (California
Eleventh Street Commons Project 4 September 2012
Addendum
Mitigated Negative Declaration
Department of Fish and Game 1995). Compliance with this mitigation
measure may include, but not be limited to, the following:
• Avoidance of occupied burrows during the nesting season (February
1 through August 31);
• Acquisition, protection and funding for long -term management and
monitoring of foraging habitat adjacent to occupied habitat,
• Enhancement of existing burrows and /or creation of new burrows;
• Passive relocation of burrowing owls.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Planning Division
MM CUL -1: The following mitigation measures will be implemented during construction to
avoid significant impacts to buried cultural resources:
In the event that prehistoric or historic resources are encountered during
excavation and /or grading of the site, all activity within a 50 -foot radius of the
find will be stopped, the Director of Planning will be notified, and the
archaeologist will examine the find and make appropriate recommendations
prior to issuance of building permits. Recommendations could include collection,
recordation, and analysis of any significant cultural materials. A report of
findings documenting any data recovery during monitoring would be submitted
to the Director of Planning and Inspection.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Planning Division
MM CUL -2: The project proposes to implement the following measures identified in the 2005
IS /MND to avoid or reduce impacts to buried human remains:
In the event of an accidental discovery or recognition of any human remains in
any location other than a dedicated cemetery, the City shall ensure that the
following language is included in all permits in accordance with CEQA
Guidelines Section 75064.5(e), subject to the review and approval of the Gilroy
Planning Division:
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 Commission within 24 hours.
The Native American Heritage Commission shall identify the person
Eleventh Street Commons Project 5
Addendum
Mitigated Negative Declaration
September 2012
or persons it believes to be the most likely descendant (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 for 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.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Planning Division
MM CUL -3: The following mitigation measures are identified to avoid or reduce significant
paleontological impacts to a less than significant level:
• If vertebrate fossils are discovered during construction, all work on the
site will stop immediately until a qualified professional paleontologist
can assess the nature and importance of the find and recommend
appropriate treatment. Treatment may include preparation and
recovery of fossil materials so that they can be housed in an
appropriate museum or university collection and may also include
preparation of a report for publication describing the finds. The City of
Gilroy will be responsible for ensuring that the recommendations of
the paleontological monitor regarding treatment and reporting are
implemented.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Planning Division
Eleventh Street Commons Project 6 September 2012
Addendum
Mitigated Negative Declaration
MM HYD -1: The applicant shall design the proposed project to ensure that the potential
damage due to flooding is minimized and that protection from the potential
impacts of flooding during the one percent or "100 -year flood" is incorporated
into the design prior to approval of final improvement plans. The lowest finished
floor elevation shall be a minimum of one foot above the highest flood depth
identified in the FEMA FIRM (food depth of three feet at a base elevation of 195
feet). Final building plans shall be subject to review and approval by the City of
Gilroy Building and Engineering Divisions.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Building & Engineering
Divisions
MM HYD -2: The following measures, based on RWQCB BMPs, have been included in the
project to reduce construction - related water quality impacts. All mitigation will be
implemented prior to the start of earthmoving activities on -site and will continue
until the construction is complete.
• Burlap bags filled with drain rock shall be installed around storm
drains to route sediment and other debris away from the drains.
• Earthmoving or other dust - producing activities shall be suspended
during periods of high winds.
• All exposed or disturbed soil surfaces shall be watered at least twice
daily to control dust as necessary.
• Stockpiles of soil or other materials that can be blown by the wind
shall be watered or covered.
• All trucks hauling soil, sand, and other loose materials shall be
required to cover all trucks or maintain at least two feet of freeboard.
• All paved access roads, parking areas, staging areas and residential
streets adjacent to the construction sites shall be swept daily (with
water sweepers).
• Vegetation in disturbed areas shall be replanted as quickly as
possible.
• All unpaved entrances to the site shall be filled with rock to knock
mud from truck tires prior to entering City streets. A tire wash system
may also be employed at the request of the City.
• A Storm Water Permit will be administered by the RWQCB. Prior to
construction grading for the proposed land uses, the project
proponent will file a "Notice of Intent" (NOI) to comply with the
General Permit and prepare a SWPPP which addresses measures
that would be included in the project to minimize and control
construction and post- construction runoff. Measures will include, but
are not limited to, the aforementioned RWQCB mitigation.
• The project proponent will submit a copy of the draft SWPPP to the
City of Gilroy for review and approval prior to start of construction on
Eleventh Street Commons Project 7 September 2012
Addendum
Mitigated Negative Declaration
the project site. The certified SWPPP will be posted at the project site
and will be updated to reflect current site conditions.
• When construction is complete, a NOT for the General Permit for
Construction will be filed with the RWQCB and the City of Gilroy. The
NOT will document that all elements of the SWPPP have been
executed, construction materials and waste have been properly
disposed of, and a post- construction storm water management plan is
in place as described in the SWPPP for the site.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Engineering Division
MM N0I -3: As part of normal City of Gilroy review and approval procedures for future
projects, the following measures shall be incorporated to mitigate construction
noise, as determined feasible by the City Building and Engineering Divisions:
Limit construction activity to weekdays between 7:00 AM and 7:00 PM and on
Saturdays between 9:00 AM and 7:00 PM, with no construction on City holidays
and Sundays; and
Locate stationary noise - generating equipment as far as possible from sensitive
receptors when sensitive receptors adjoin or are near a construction project
area.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Building & Engineering
Divisions
The following mitigation measures shall be implemented prior to issuance of a building
permit.
MM GEO -1: The project proposes to implement the following measure identified in the 2005
IS /MND to avoid or reduce geology and soils impacts:
The project applicant shall submit a soils investigation prepared by a
qualified soils engineer prior to development of the project site. The
soils investigation shall address site preparation and foundation
design. Recommendations of the soils investigation shall be
incorporated into the final building plans subject to review and
approval by the Gilroy Building and Engineering Division.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Building & Engineering
Divisions
Eleventh Street Commons Project 8 September 2012
Addendum
Mitigated Negative Declaration
MM HYD -1: The applicant shall design the proposed project to ensure that the potential
damage due to flooding is minimized and that protection from the potential
impacts of flooding during the one percent or "100 -year flood" is incorporated
into the design prior to approval of final improvement plans. The lowest finished
floor elevation shall be a minimum of one foot above the highest flood depth
identified in the FEMA FIRM (food depth of three feet at a base elevation of 195
feet). Final building plans shall be subject to review and approval by the City of
Gilroy Building and Engineering Divisions.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Building & Engineering
Divisions
MM HYD -2: The following measures, based on RWQCB BMPs, have been included in the
project to reduce construction - related water quality impacts. All mitigation will be
implemented prior to the start of earthmoving activities on -site and will continue
until the construction is complete.
• Burlap bags filled with drain rock shall be installed around storm
drains to route sediment and other debris away from the drains.
• Earthmoving or other dust - producing activities shall be suspended
during periods of high winds.
• All exposed or disturbed soil surfaces shall be watered at least twice
daily to control dust as necessary.
• Stockpiles of soil or other materials that can be blown by the wind
shall be watered or covered.
• All trucks hauling soil, sand, and other loose materials shall be
required to cover all trucks or maintain at least two feet of freeboard.
• All paved access roads, parking areas, staging areas and residential
streets adjacent to the construction sites shall be swept daily (with
water sweepers).
• Vegetation in disturbed areas shall be replanted as quickly as
possible.
• All unpaved entrances to the site shall be filled with rock to knock
mud from truck tires prior to entering City streets. A tire wash system
may also be employed at the request of the City.
• A Storm Water Permit will be administered by the RWQCB. Prior to
construction grading for the proposed land uses, the project
proponent will file a "Notice of Intent" (NOI) to comply with the
General Permit and prepare a SWPPP which addresses measures
that would be included in the project to minimize and control
construction and post- construction runoff. Measures will include, but
are not limited to, the aforementioned RWQCB mitigation.
Eleventh Street Commons Project 9 September 2012
Addendum
Mitigated Negative Declaration
• The project proponent will submit a copy of the draft SWPPP to the
City of Gilroy for review and approval prior to start of construction on
the project site. The certified SWPPP will be posted at the project site
and will be updated to reflect current site conditions.
• When construction is complete, a NOT for the General Permit for
Construction will be filed with the RWQCB and the City of Gilroy. The
NOT will document that all elements of the SWPPP have been
executed, construction materials and waste have been properly
disposed of, and a post- construction storm water management plan is
in place as described in the SWPPP for the site.
Party responsible for implementation:
Party responsible for monitoring:
Applicant
Gilroy Engineering Division
MM NOI -1.1: The project applicant shall equip the residential portions of the proposed project
with mechanical ventilation to allow the windows to remain closed at the
residents' option. Typically a central air - conditioning and heating system
designed to provide a habitable interior environment with the windows closed
will meet this requirement. The mechanical ventilation system shall be subject to
review and approval by the City of Gilroy Building Division.
Party responsible for implementation:
Party responsible for monitoring:
Applicant
Gilroy Building Division
MM N0I -1.2: Homes constructed on the eastern edge of the property, adjacent to Monterey
Road, shall be constructed with noise rated windows and forced ventilation,
subject to review and approval by the Gilroy Building Division. Prior to
construction, at the building permit stage, the Sound Transmission Class (STC)
noise rating shall be determined. It is expected that windows with a STC rating
of 26 -to -36 will be required and doors could have a STC rating of 24 to 28, to
ensure that noise levels remain at 45 Ldn or below in the interior of the homes.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Building Division
MM N0I -3: As part of normal City of Gilroy review and approval procedures for future
projects, the following measures shall be incorporated to mitigate construction
noise, as determined feasible by the City Building and Engineering Divisions:
Limit construction activity to weekdays between 7:00 AM and 7:00 PM and on
Saturdays between 9:00 AM and 7:00 PM, with no construction on City holidays
and Sundays; and
Eleventh Street Commons Project 10
Addendum
Mitigated Negative Declaration
September 2012
Locate stationary noise - generating equipment as far as possible from sensitive
receptors when sensitive receptors adjoin or are near a construction project
area.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Building & Engineering
Divisions
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2012 -47 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 19th day of November, 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 26th day of November, 2012.
Shawna Freels, MMC
City Clerk of the City of
(Seal)