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Resolution 2013-431 RESOLUTION NO. 201343 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TENTATIVE MAP TM 13 -02, CREATING 186 SINGLE - FAMILY RESIDENTIAL LOTS, ONE 8 -ACRE PARK AND DETENTION BASIN, THREE UVAS CREEK PARCELS, AND THREE PARCELS TO REMAIN IN AGRICULTURAL PRODUCTION ON APPROXIMATELY 112 ACRES LOCATED WITHIN THE HECKER PASS SPECIFIC PLAN, EAST RESIDENTIAL CLUSTER, SOUTH OF HECKER PASS HIGHWAY AND WEST OF THIRD STREET, APNS 810-20-001,-003, AND -007, APPLICANT MERITAGE HOMES WHEREAS, Meritage Homes submitted application TM 13 -02 requesting a tentative map to subdivide an approximate 112 -acre site into 186 single - family residential lots, one 8 -acre park and detention basin, three Uvas Creek parcels, and three parcels to remain in agricultural production located within the Hecker Pass Specific Plan, East Residential Cluster, South of Hecker Pass Highway and West of Third Street, APNS 810 -20 -001, -003, and -007; and WHEREAS, the subject property is located within the Hecker Pass Specific Plan, within an area identified as the East Residential Cluster; and WHEREAS, application TM 13 -02 was referred to various public utility companies, and City departments, including the Technical Advisory Committee, for recommendations; and WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "), the City Council in 2005 certified the Final Environmental Impact Report by Res. No. 2005 -02 for the Hecker Pass Specific Plan, and finds that the proposed development is consistent with the Specific Plan which was amended in 2009 following additional environmental review as described in Res. No. 2009 - -32. Therefore, no further environmental analysis is required pursuant to CEQA Guideline section 15182(a) since this is a residential project in conformity with a Specific Plan; and WHEREAS, on September 5, 2013, the Planning Commission held a public hearing and continued it to its duly noticed meeting on October 3, 2013, at which time it considered the public 4818 - 7224- 7830v1 RESOLUTION NO. 2013-43 testimony, the staff report dated October 3, 2013 ( "Staff Report") and all other documents related to TM 13 -02, and found the application in accordance with the Hecker Pass Specific Plan, the Gilroy Zoning Ordinance, and other applicable standards and regulations, and adopted Planning Commission Resolution No. 2013 -04, recommending approval of TM 2013 -02 to the City Council; and WHEREAS, the City Council at its duly noticed public hearing on October 21, 2013 considered public testimony, the Staff Report and a supplemental staff report dated October 21, 2013, and all other related documents, including Planning Commission Resolution No. 2013 -05; and WHEREAS, the City Council has reviewed Planning Commission Resolution No. 2013 -04, recommending approval of the Tentative Map, subject to certain conditions; 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: A. The City Council hereby adopts the findings based upon substantial evidence in the record as summarized below: 1. As proposed, the tentative map is generally consistent with the intent of the goals and policies of the Hecker Pass Specific Plan. 2. The proposed tentative map is generally consistent with the intent of the goals and policies of the City's General Plan. 3. The proposed development is consistent with the Zoning Ordinance and the City's Subdivision and Land Development Code, and the State Subdivision Map Act. 4. Public utilities and infrastructure improvements needed in order to serve the proposed project are in close proximity. 5. There is no substantial evidence that there will be significant unmitigated 4813 -7224 -78300 RESOLUTION NO. 201343 environmental impacts as a result of this project. All impacts are mitigated to less than significant with two exceptions: cumulative air quality impacts and loss of availability of mineral resources are deemed unavoidable. The City Council adopted the required CEQA findings and a statement of overriding considerations to approve a project with unavoidable significant impacts when they adopted the amended Hecker Pass Specific Plan in 2006. 6. There are no facts to support the findings requiring denial of the proposed tentative map under California Government Code section 66474. B. Application TM 13 -02 should be and is hereby approved subject to the conditions of approval set forth in Exhibit A attached hereto and entitled, "Final Conditions of Approval TM 13- 02" and subject to the CEQA mitigation measures set forth in the Mitigation Monitoring Program under "Planning Commission Special Conditions" numbers 12 through 17. PASSED AND ADOPTED this 4t' day of November 2013 by the following roll call vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, LEROE- MUNOZ, TUCKER and GAGE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: AULMAN ABSTAIN: COUNCILMEMBERS: WOODWARD ATTEST: Clerk APPROVED: J, Donald Gage, Mayor 4813 - 7224 -78300 RESOLUTION NO. 201343 EXHIBIT A TM 13 -02 CONDITIONS PLANNING DIVISION CONDITIONS The project shall comply with all relevant provisions of the Santa Clara Valley Habitat Conservation Plan. 2. In the event of an accidental discovery or recognition of any human remains, the City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 15064.5(e): "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 Gilroy Police Department contacts the coroner of Santa Clara County to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD 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 MLD or the MLD 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." 3. The applicant will be required to mitigate for the removal of significant trees by obtaining a tree removal permit, which will require replacement of significant trees, in accordance with the City's Landscaping Policy. 4. The applicant shall contract with an arborist to evaluate the trees along the project frontage in the Caltrans right -of -way and provide recommendations for pruning and maintenance. The report shall be submitted to the Planning Department prior to approval of the final map and any recommendations for pruning shall be implemented prior to issuance of building permits for any of the homes in the subdivision. An encroachment permit from Caltrans will be required for any work within the right -of- way. TM 13 -02, Exhibit A Page 2 5. 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. 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 City's Residential Development Ordinance (City Zoning Ordinance Sections 50.60 et seq.) referred to as 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. The project must also comply with any condition of exemption granted from the RDO, including but not limited to time limits in obtaining City approvals and completion of construction of the dwelling units. 6. Approval of TM 13 -02 is subject to the applicant receiving approval of Architectural & Site Review application A/S 13 -06. 7. The Final Map shall comply with the Tentative Map prepared by Ruggeri-Jensen-Azar, dated July 23, 2013, and stamped approved, except as modified by the City Council's approval of this application and the conditions of approval. 8. 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. PLANNING DIVISION SPECIAL CONDITIONS Mitigation Measures: The following mitigation measures, which are contained within the applicable environmental documents as discussed above, prepared pursuant to the California Environmental Quality Act, and as modified based upon changes in applicable regulations, are included as conditions of approval. 9. The project applicant shall specify in project plans the implementation of the following dust control measures during grading and construction activities for any proposed development. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Planning Division: a. Water all active construction areas at least twice daily; b. Coverall trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; c. Pave, apply water three times daily, or apply (non- toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; TM 13 -02, Exhibit A Page 3 d. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets; f. Hydroseed or apply (non- toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); g. Enclose, cover, water twice daily or apply (non- toxic) soil binders to exposed stockpiles (dirt, sand, etc.); h. Limit traffic speeds on unpaved roads to 15 mph; i. Install sandbags or other erosion control measures to prevent silt runoff to public roadways; j. Replant vegetation in disturbed areas; k. Place a minimum of 100 linear feet of 6 to 8 inch average diameter cobble at all exit points to dislodge and trap dirt from vehicle tires; I. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and m. Limit the area subject to excavation, grading and other construction activity at any one time. 10. All future development within the specific plan area shall implement the following conditions to minimize disturbance to potentially significant cultural resources. Each of the following shall be made a condition of approval for grading and Building Permits: a. Developers of each project within the specific plan area shall contract with a qualified archaeologist to provide an archeological site assessment to determine the need for monitoring during grading and excavation activities. b. If cultural resources are discovered during construction, work shall be halted at a minimum of 165 feet (50 meters) from the find and the area shall be staked off. The monitoring professional archaeologist, if one is on site, shall be notified. If a monitoring professional archaeologist is not on -site, the city shall be notified immediately and a qualified professional archaeologist shall be retained. If the find is determined to be significant, appropriate mitigation measures shall be formulated by the professional archaeologist and implemented by the responsible party. 11. Prior to development of any property within the specific plan area, a Phase 1 Environmental Site Assessment shall be prepared in accordance with ASTM Standard(s) to identify whether past or existing uses of the project property may have adversely affected soil or groundwater, or would otherwise pose a health hazard during site development or habitation. If the Phase I assessment finds that past uses may have contaminated the site, a Phase 2 Site Assessment shall be prepared. If contamination is present, clean up and disposal of such contamination shall be in compliance with federal, state and local regulations governing the cleanup and disposal of hazardous waste. Results of the Phase 1 and, if needed, the Phase 2 assessment and cleanup shall be presented to and approved by the City of Gilroy Engineering Division prior to issuance of a Building Permit. TM 13 -02, Exhibit A Page 4 12. All noise generating construction activities shall be limited to weekdays between 7:00 AM and 7:00 PM, and to Saturdays between 9:00 AM and 7:00 PM. No construction is allowed on Sundays or city holidays. In addition, temporary berms or noise attenuation barriers shall be utilized when necessary. This requirement shall be attached as a contractor work specification for all projects. 13. Applicants for projects within the specific plan area shall be responsible for improving Hecker Pass Highway immediately west of Santa Teresa Boulevard to include a second westbound travel lane. The second westbound travel lane on Hecker Pass Highway, and the appropriate lane -drop taper consistent with Caltrans' Standards, should extend as far as possible beyond (west of) Santa Teresa Boulevard as can be accommodated within the existing public right -of -way, with the design subject to approval by the City Engineer in his /her reasonable discretion. Applicants shall coordinate with the City of Gilroy Engineering Division to design and implement the widening project. Removal of deodar cedar trees along the highway must be avoided wherever possible and improvements must be consistent with State scenic highway guidelines. Traffic signal modifications should be made to the intersection of Santa Teresa Boulevard and First Street/Hecker Pass Highway to add vehicle detection for the second eastbound through lane. 14. Applicants for projects within the specific plan area shall be responsible for shoulder improvements to Hecker Pass Highway, per Caltrans' standards, between Santa Teresa Boulevard and the easterly limits of the planned Caltrans Was Creek Bridge Improvement project. Applicants shall coordinate with the City of Gilroy Engineering Division to design and implement the shoulder improvements. Removal of deodar cedar trees along the highway must be avoided wherever possible and improvements must be consistent with State scenic highway guidelines. Specific Plan Policies 15. To ensure the creation of the Uvas Creek Linear Park and Uvas Creek Park Preserve, irrevocable offers of dedication to the City of Gilroy shall be required and obtained from property owners of land within the Hecker Pass Specific Plan Area that lies within the Linear Park or Park Preserve prior to the earlier of (a) prior to or concurrent with the first discretionary approval for projects for which no map is required; or (b) prior to or concurrent with final and /or parcel map approvals. In this instance, the tentative map shall have this requirement as a condition of its approval (HPSP Policy 3 -8). 16. All individual development proposals shall consult with the Valley Transportation Authority to determine whether provisions for future stops or services are required. All bus stops shall meet all current VTA requirements and standards for bus stops (HPSP Policy 4 -17). 17. To ensure the preservation of designated agricultural areas in perpetuity, permanent agricultural easements, deed restrictions or other such instruments shall be created for TM 13 -02, Exhibit A Page 5 each property in each agricultural area at the earlier of (a) prior to or concurrent with the first discretionary approval for projects for which no map is required; or (b) prior to or concurrent with final map and /or parcel map approvals. In this instance, the tentative map shall have this requirement as a condition of its approval, and that map shall generally describe the area to be restricted (HPSP Policy 5 -7). 18. All properties that include agricultural uses shall include an Integrated Agricultural Management Plan in the Conditions, Covenants and Restrictions for the property (HPSP Policy 5 -10). 19. Hecker Pass property owners or future developers shall offer the 3 -acre neighborhood park to the City of Gilroy for future purchase. (According to the DA, the park will be built and offered for dedication to City prior to issuance of a building permit for the 250th residence on the Subject Property. Exhibit F, page 3) (HPSP Policy 5 -19) 20. To ensure the preservation of designated open space areas in perpetuity, permanent open space easements, deed restrictions, or other such instruments shall be created for each property in each open space area at the earlier of (a) prior to or concurrent with the first discretionary approval for projects for which no map is required; or (b) prior to or concurrent with final map and /or parcel map approvals. In this instance, the tentative map shall have this requirement as a condition of its approval, and that map shall generally describe the area to be restricted (HPSP Policy 5 -20). 21. All proposed outfalls shall be designed to meet all state water quality standards and shall obtain permits from all required resource agencies (HPSP Policy 5 -35). 22. For any recreational improvements proposed in or adjacent to the Uvas Creek riparian corridor, which contains potential habitat for California tiger salamander, western spadefoot toad, yellow - legged frog, California red - legged frog, western pond turtle, steelhead, yellow- breasted chat, and /or yellow warbler, construction related activities should be conducted outside of the rainy season. The project proponent shall retain a qualified biologist to monitor construction activities occurring within 100 feet of the Uvas Creek riparian corridor. If any special status species are observed at the site, a qualified biologist shall salvage and relocate individual(s) to an appropriate area outside of the construction zone. If California red - legged frog, a federally threatened species, or California tiger salamander, a federally and state - listed threatened species, are observed at the site, construction activities shall be halted and the USFWS and /or California Department of Fish and Wildlife shall be contacted for further assistance (HPSP Policy 5-43). 23. Pre - construction surveys for protected birds shall be conducted for improvements or development proposed in or adjacent to potential nesting habitat (i.e., riparian woodland) if development is proposed during the nesting and /or breeding season of loggerhead shrike (generally February through June) or raptors (generally March through August). If any active nests are found within survey area, at the discretion of TM 13 -02, Exhibit A Page 6 the biologist, clearing and construction within 250 feet shall be postponed or halted until nests are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting (HPSP Policy 5-44). 24. All future developments shall pay school impact fees required by Gilroy Unified School District to mitigate impacts on the public school system (HPSP Policy 6 -6). 25. Prior to the commencement of construction activities, the protected zone of any tree or group of trees to be retained should be fenced to prevent injury to the trees during construction under the supervision of an arborist (HPSP Policy 7 -9). The 50 -inch coast live oak tree to be retained within the roundabout at the project entrance from the extension of Third Street (identified as tree 655 in the arborist report) shall be fenced to prevent injury to the tree during construction under the supervision of an arborist. In addition, all conditions in the Tree Protection Plan prepared by Live Oak Associates, Inc. dated July 26, 2013 shall be incorporated into project plans. Development Agreement: The following conditions are per the Development Agreement, entitled City of Gilroy Development Agreement Relative to the Development Known as Hecker Pass Specific Plan, Dated February 5, 2007. Unless that recorded document is amended or superceded, these conditions shall remain in effect. 26. As a condition of recordation of the final map and after City approval of the final map, the applicant shall pay $250,000, which is the 2nd installment of the Public Benefit Fee, per the Development Agreement, Article 7, Section 7.7. 27. Prior to issuance of the 75th residential building permit, the intersection of Hecker Pass Highway and Autumn Drive together with necessary acceleration and deceleration lanes along the Highway, travel lanes, turn lanes and traffic signals (together, the "West Intersection ") will be built and operational, per the Development Agreement, Exhibit F B 1(a)(ii). Note: Staff and the applicant are currently consulting with Caltrans regarding the potential for construction of a roundabout at this location. 28. Prior to issuance of the 75th residential building permit, the portions of Hecker Pass Highway outside the intersection will be improved, as shown in Exhibit F -2, per the Development Agreement, Exhibit F B 1 (b). 29. Utility Undergrounding (per the Development Agreement, Exhibit F, Section B, Subsection c, Utility Undergrounding). (i) All new utilities will be placed underground. (ii) The existing PG &E overhead main line on the north side of Hecker Pass Highway fro the Church Property to the bridge at Uvas Creek will be replaced with an underground line routed through the Subject Property, as shown in Exhibit F -2. Installation of this new underground line from the Church Property to the existing TM 13 -02, Exhibit A Page 7 overhead crossing at the Bank/Raleys Property frontage approximately one thousand four hundred (1,400) feet east of the eastern edge of the Uvas Creek bridge (the "West PG &E Crossing ") will begin during Phase 1 of the Project, and will be completed as part of construction of the West Intersection. The remaining segment between the West PG &E Crossing and the Uvas Creek bridge will be constructed as described in subsection (v) below. (iii) A new underground line also will be installed along the south side of Hecker Pass Highway between the Church Property and Santa Teresa Boulevard, with the cost for this segment reimbursed by the City. Overhead service entrances for existing uses abutting Hecker Pass Highway will remain overhead until such time the uses redevelop. (iv) The existing overhead line along the north side of Hecker Pass Highway between Santa Teresa Boulevard and the West PG &E Crossing will be removed by Applicant once the new underground line described in subsections (ii) and (iii) above is completed. The existing overhead line between the West PG &E Crossing and the Uvas Creek bridge will be removed by Caltrans or Applicant once the new underground line described in subsection (v) below is completed. (v) The overhead line from the West PG &E Crossing west to the edge of the Specific Plan Area is within the scope and geographic limits of the Caltrans bridge project on Hecker Pass Highway and is expected to be handled by Caltrans as part of its design and construction process. Applicant will design and install its undergrounding to ensure there is no gap between the Caltrans current design for undergrounding eastward from the bridge and Applicant's installation of underground line up to the West PG &E Crossing, unless required by PG &E or another controlling agency or entity; provided, Applicant shall not be responsible for extending undergrounding beyond the West PG &E Crossing if Caltrans fails to complete its own undergrounding as currently designed. ENGINEERING DIVISION CONDITIONS 30. All work is to be done in compliance with the City of Gilroy Specifications Standards and Design Criteria, Hecker Pass Special Plan, Hecker Pass Development Agreement and Hecker Pass Specific Use District 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 Hecker Pass Specific Plan, Hecker Pass Development Agreement and Hecker Pass Special Use District, Hecker Pass Backbone Plans and shall follow the most current City Master plan for streets and each utility. 31. Prior to recordation of the final map, the Third Street shall be designed to accommodate a 35mph design speed. Third Street is called out as a collector in the HPSP and per City Standards is to have a design speed of 35mph. Such design elements may include super elevation of roadway and /or signage. Design is to be reviewed and approved by the City of Gilroy's Public Works Department. TM 13 -02, Exhibit A Page 8 32. Prior to recordation of the final map, the detention facilities including but not limited to drainage swales, channels, bio- basins, sediment basins and storm drain systems shall be designed in a manner as to allow for future expansion of facilities as outlined and /or indicated by the Hecker Pass Illustrative Infrastructure Master Plan, Detention Basin Plan, Preliminary Backbone Infrastructure Master Plan and /or the Development Agreement. The storm drain detention basin is to be designed and construction is to be natural in appearance. Design is to be reviewed and approved by the City of Gilroy's Public Works Department. 33. Prior to recordation of the final map, the developer shall provide a roundabout design for the improvements indicated at the intersection of Third Street and Cobblestone Court. Said design is to be prepared by a Traffic Engineer or a Civil Engineer qualified in roundabout design and shall be per Caltrans Standards. Developer shall be required to receive approval, of the desired design consultant for the said design, by City of Gilroy Public Works Department prior to commencement and submittal of any design drawings for review. If, after the design and approval of the roundabout, it is found that additional right -of -way is necessary for the full roundabout improvements, developer shall obtain all such right -of -way prior to final map recordation and /or as conditioned herein. 34. All storm drain run -off (with the exception of that runoff coming from outside the Specific Plan area or from existing improvements within the Specific Plan area) 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. 35. Any work in the public right -of -way shall require a traffic control plan prepared by a licensed, professional engineer with experience in preparing such plans. Traffic Control Plan shall be prepared in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices. The Traffic Control Plan shall be submitted to Public Works for review and approval prior to issuance of a grading permit. 36. 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. 37. 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. TM 13 -02, Exhibit A Page 9 38. Prior to Final Map approval, the developer shall submit an estimate of the probable cost of improvements, pay all plan check and inspection fees, enter into a property improvement agreement, and provide payment and performance bonds. 39. Improvement plans are required for all on -site and off -site improvements. Priorto 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) 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) "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. 40. 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. 41. All lots shall drain to the street for storm drainage unless otherwise approved by the City Engineer. 42. Submit a Hazardous Material clearance for any underground tank removal from the appropriate agency. 43. Storm and sewer lines in private streets shall be privately maintained unless approved by the City Engineer in writing. 44. Within 30 days of the tentative map approval, 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. 45. A Final Map with all required dedications shall be filed with the Santa Clara County Recorder's Office with a copy transmitted to the City. TM 13 -02, Exhibit A Page 10 46. If creating a Homeowners Association, Conditions, Covenants and Restrictions and /or property owner's Maintenance Agreement, the document shall be reviewed and approved by the Public Works Department, Fire and the Planning Division prior to the Final Map being released for recordation. 47. The project is subject to the City's Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. Payment of Street Tree and Storm Development Impact Fees is required prior to approval of the Final Map. Sewer, Water, Traffic, and Public Facilities Development Impact Fees are due at time of building permit. 48. Applicant shall provide funding mechanism for maintenance of open space, landscaping, storm water quality treatment basins, private streets and private utilities. 49. If project is not approved prior to March 6, 2014, it will be subject to post - construction water quality requirements per RWQCB. 50. If access to adjacent property will be necessary to construct proposed improvements, a letter granting access will be required prior to Final Map approval. 51. Sanitary sewer laterals and /or water meters located in driveways shall have traffic rated boxes and lids. 52. Water services shall be 1.5" minimum with 1" meter. Service /meter shall upsized if necessary water pressure is not met. 53. Work in Caltrans' right -of -way requires an encroachment permit. 54. Wireless service shall be provided per Hecker Pass Specific Plan Development Agreement. 55. The east detention basin situated along Third Street will be designed in a natural appearing configuration utilizing contours grading techniques and natural landscape features. The final design will be determined by the City during the park design phase of the project. 56. The lowest floor shall be at least 1 foot higher than the base flood elevation (BFE) as shown on the latest FEMA Flood Insurance Rate Map. If no BFE is available, the lowest floor shall be 1 foot above the nearest high point in the drainage release path, or 2 feet higher than lowest top of curb. 57. (a) The HOA shall maintain the landscaping in the center of the roundabout in all roundabouts on private streets. TM 13 -02, Exhibit A Page 11 (b) The developer shall annex the project into the Citywide Landscape Maintenance Community Facilities District for the landscape maintenance within the roundabout at the intersection of Third Street and Cobblestone Court prior to final map approval. Public art will not be maintained by the City. If the design of center of the roundabout includes public art, the maintenance and repair /replacement shall be the responsibility of the HOA. 58. Public Service Easement north of Cobblestone Court shall be same width as Cobblestone Court per A/S 05 -54 Conditions of Approval. 59. Regarding the park and trail, the conceptual plan with the construction layout sheet will be needed for start of the general City approval steps. We expect six steps minimum which may require updating for comments before moving to the next review/ approval step: (A) DRG/TAC (two part process by all City Departments) review of updated conceptual park and Uvas Class I trail design; (B) Park and Recreation Commission - Public hearing and recommendation for approval to City Council of updated conceptual design; (C) City Council review and approval of updated conceptual design; (D) Obtain Habitat Conservation Plan Permit; (E) Full construction improvement plan review by City departments & any non -City permitting agency requiring same; and (F) Final full construction plans to City for City park construction Permit(s). 60. Final streetlight locations shall be to the satisfaction of the City Traffic Engineer. 61. Houses constructed in the AE zone will require an elevation certificate prior to building final. 62. Storm drain treatment shall be in conformance with Section 27D of the Municipal Code. 63. Final design of the traffic circle at Tarragon Drive shall be to the satisfaction of the City Traffic Engineer. 64. On Sheet TM-4, handicap ramps shall be constructed on both sides of Rosemary Drive at the project entrance. 65. The sidewalk on Sheet TM -13 shall conform to the existing conditions per ADA Standards. 66. Prior to approval of the Final Map, the applicant shall conduct a traffic operation study at the Third Street/Isabella Way intersection to gage any anticipated access limitation for the residents of Village Green. The study shall address all way stop sign warrant, traffic signal analysis, pedestrian crosswalk analysis, and any other safety measures, TM 13 -02, Exhibit A Page 12 as determined by the City's Transportation Engineer. Should the analyses indicate that mitigation measures are warranted, the applicant will be required to construct the improvements at an amount not to exceed $60,000.00 or may contribute said amount to the City, at the sole discretion of the City Engineer. a) The applicant will provide for street lights consistent with the Public Works standard for residential and collector/ arterial street requirements at on and off site portions of the development, with the exception that the lighting will use Light Emitting Diode (LED) technology. On collector/ arterial streets the lighting hardware shall follow the city's type 15 (cobra head) standard incorporating LED fixtures to replace 70 Watt HPS and 100 Watt HPS fixtures as appropriate. On residential streets the lighting hardware shall follow the city's Granville Holophane decorative lamp standard incorporating LED fixtures to replace 150 Watt and 200 Watt fixtures as appropriate. The applicant shall conduct its Illuminance study taking into account LED photogrammetric conditions. b) The applicant will provide a comprehensive traffic study and render measures and devices, in an amount not to exceed $60,000, to address the safety of the intersection of Isabella Way at Third Street. Note: Residents at the Village Green community adjacent the development have expressed concerns over the continued ease of use of the existing intersection once Third Street is extended west into the applicant's development. City Council has directed that a traffic study be performed and findings reported back to the City Council on proposed measures to address these concerns. The study shall include but not be limited to: • Intersection warrant review, pedestrian crossings review, sight distance analysis that considers elderly driver perception- reaction times using future build -out projected traffic volumes of the area, and traffic calming measures as appropriate. The study area will include the Third Street corridor from just beyond the westerly limits of the proposed Cobblestone Court roundabout, the Isabella Way intersection, the intersection of Third and Santa Teresa Blvd, and the easterly potion of Third Street to the intersection of Uvas Park Drive. • Design and construction of publically used horseshoe pits to be located at City parklands as directed by the Public Works Director, and • Final engineering for an uplit LED lighted crosswalk across Third Street between Isabella and Santa Teresa Blvd to facilitate pedestrian crossings between Village Green and the proposed horseshoe pits at City park lands across from Village Green, and • Preliminary (25 -30 %) engineering for an ADA compliant sidewalk to connect the above mentioned crosswalk to the horseshoe pits, and • Signing and markings layouts to declare the vicinity of Village Green an MUTCD compliant Senior Center zone (25 mph), and • Conceptual (5 -10 %) engineering and artistic rendering of a median treatment along Third Street between Cobblestone and Santa Teresa, and • Conceptual engineering option to provide a "right- turn -in, right -tum -out" and landscaped median across the Isabella Way intersection, and TM 13 -02, Exhibit A Page 13 • Conceptual engineering option to convert the existing Third Street/ Santa Teresa Blvd intersection to a multi -lane roundabout, and • Traffic calming measures, treatments, and devices along the entire Third Street corridor mentioned earlier. In particular, the study will address methods to calm traffic for the entrance to existing neighborhoods east of the Third /Santa Teresa intersection, and in the vicinity of the Village Green community. • Final engineering documents to provide for a color- treated embossed asphalt intersection treatment at Isabella/ Third, and construction thereof. The study will provide findings and recommendations for initial staff review and final public review at a subsequent City Council meeting. Conceptual and preliminary engineering will be produced to facilitate final engineering by others. Artistic renderings will be produced in a manner suitable for public display and shall include an electronic copy for City Council presentation purposes. Final engineering measures and devices will be "build ready" for installation by applicant. FIRE DEPARTMENT CONDITIONS 67. 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 Test administered by the Fire Marshal. 68. Ensure Turning Radius of Traffic Circles is compatible with Fire Apparatus. Mountable islands and aprons shall be reviewed and approved by the Fire Marshal prior to improvement plan submittal. They shall be compatible with fire apparatus and not result in reduced speed by the apparatus. Provide details 69. All homes shall be provided with water laterals and meters sized to allow for a residential NFPA 13d fire sprinkler system. Off site improvement plan shall provide 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. Submit calculations by an FPE that show the 8 inch loop will provide the requisite fire flow to support 13d systems and Fire Hydrant system. This will be waived if a second connection to the City infrastructure is provided. 70. Condition to be noted on Improvement Plans. Gated Access Roadways shall be provided with electronic and provided with an opening system compatible with the Fire Department equipment as well as KNOX key over ride for Fire and Police access. Gate system to be submitted for a separate Building /Fire Permit at time of construction. 71. Condition to be plan checked at Improvement Plan Review: Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure. Street Hydrants shall be spaced every 300 ft, and within 150 ft of any building. Off site improvement plan shall provide TM 13 -02, Exhibit A Page 14 Fire Hydrants per the City Standard. Hydrants shall be installed prior to commencement of construction with combustible materials 72. 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'. 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. Road widths shall be 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. 73. 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. 74. 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. 75. If phasing of construction is done, an approval of fire access and water supply shall be obtained as part of the phasing plan. I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2013 -43 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 4t' day of November, 2013, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City off Gilroy this Oh da�f November, 2013. Yna Freels, MMC--' Clerk of the City of Gilroy (Seal)