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Resolution 2014-02RESOLUTION NO. 2014-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 13 -06, A TENTATIVE MAP OF THE HARVEST PARK PHASE H RESIDENTIAL SUBDIVISION, CREATING 57 SINGLE - FAMILY RESIDENTIAL LOTS, ONE MULTI- FAMILY LOT, ONE COMMERCIAL LOT, AND 3 +/- ACRES OF COMMON AREA, FOR PROPERTY LOCATED WITHIN THE HARVEST PARK DEVELOPMENT, WEST OF MONTEREY STREET AND NORTH AND SOUTH OF COHANSEY AVENUE, APNS 790- 06-029 AND 030, THE JAMES GROUP, APPLICANT WHEREAS, The James Group submitted an application requesting a tentative map to subdivide an approximate 17 -acre site into 57 single - family residential lots, one multi - family lot, one commercial lot, approximately three acres of common area, and associated streets and open space ( "the Project ") on APNs 790 -06 -029 and 030, located west of Monterey Street and north and south of Cohansey Avenue; and WHEREAS, the Planning Commission held a duly noticed public hearing on November 21, 2013 at which time the Planning Commission considered the public testimony, the staffreport dated November 21, 2013 ( "Planning Commission Staff Report"), and all other documentation related to application TM 13 -06, and recommended that the City Council approve said application with an amendment to condition 26 and an additional conditions 107 and 108; and WHEREAS, the City Council held a duly noticed public hearing on December 2, 2013, and considered the public testimony, the Planning Commission Staff Report, a supplemental staff report dated December 2, 2013 ( "City Council Staff Report"), and all other documentation related to application TM 13 -06 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 November 2013, and modified Mitigation Measure Number 27 to allow for a one -foot elevation Increase above the existing ground level to mitigate potential flood risks, since the Council determined that RESOLUTION NO. 2014-02 requiring a one -foot elevation increase is equivalent mitigation to requiring a two -foot elevation increase; and WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "), the City Council determined that the "Harvest Park Annexation and Residential Subdivision Project 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, is sufficient to address the environmental effects of the proposed project. The Project is thereby determined to comply with CEQA requirements; and WHEREAS, a mitigation monitoring and reporting plan has been prepared, consistent with the adopted negative declaration; 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 (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. RESOLUTION NO. 2014-02 5. There are no facts to support the findings requiring denial of the proposed tentative map under California Government Code section 66474. SECTION H 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 13 -06 Harvest Park Final Conditions of Approval," and subject to the Mitigation Measures in the Mitigated Negative 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 2014 -01 takes effect approving RDO Housing Exemption application RDO HE 13 -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 13 -06 shall be deemed denied. PASSED AND ADOPTED this 6h day of January 2014 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, LEROE- MUNOZ, TUCKER, WOODWARD and GAGE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: AULMAN APPROVED: Donild Gage, Mayor ATTEST: Freels, City Clerk RESOLUTION NO. 2014-02 TM 13 -06 Harvest Park Final Conditions of Approval PLANNING DIVISION CONDITIONS 1. 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 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. EXHIBIT A TM 13 -06 2 5. Approval of TM 13 -06 is subject to the applicant receiving approval of Residential Development Ordinance Housing Exemption application RDO HE 13 -02 and Architectural & Site Review application A/S 13 -26. 6. The Final Map shall comply with the Tentative Map prepared by Hanna Brunetti, dated October 2013, and stamped approved, except as modified by the City Council's approval of this application and the conditions of approval. 7. 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. 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. 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. 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. Subject to the review and approval of the Planning Division, new outdoor lighting shall be directed onsite and designed and installed with shielding. 10. The project shall comply with applicable Gilroy General Plan policies and actions and with the City's Lighting Standards. 11. 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, EXHIBIT A TM 13 -06 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 -Gasoline-powered equipment shall be equipped with catalytic converters, where feasible 12. 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. 13. 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 homed 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 EXHIBIT A TM 13 -06 4 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 accommodate nesting raptors, pre - construction surveys should include all land within 300 feet of the edge of the site. 14.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. (A) 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. (B) 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. 15.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. 16. 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, EXHIBIT A TM 13 -06 5 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. 17.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. 18. 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). 19. 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 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. 20. The project applicant shall submit a soils investigation prepared by a qualified soils engineer for the proposed project. The recommendations of the soils investigation EXHIBIT A TM 13 -06 6 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. 21. The project applicant shall design all structures in accordance with the California 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. 22. 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. 23.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. 24. 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. 25. Prior to issuance of a grading permit, the applicant shall submit a Notice of Intent to the Central Coast Regional Water Quality Control Board to obtain a General Construction Stormwater Permit for the project. A Storm Water Pollution Prevention Program ( SWPPP) shall be developed in compliance with this permit that achieves the following four major objectives. The SWPPP shall also be submitted to the City of Gilroy Engineering Division prior to issuance of a grading permit. • Identify pollutant sources, including sources of sediment that may affect the quality of storm water discharges from the construction site. • Identify non -storm water discharges. • Identify, construct, implement in accordance with a time schedule, and maintain Best Management Practices (BMPs) to reduce or eliminate pollutants in storm water discharges and authorized non -storm water discharges, from the construction site during construction; and • Identify, construct, and implement in accordance with a time schedule, and assign maintenance responsibilities for post- construction BMPs. These measures would be installed and implemented during construction to reduce or eliminate pollutants after construction is completed. EXHIBIT A TM 13 -06 7 26.The first floor of all buildings shall be constructed a minimum of one foot B.F.E. above existing ground level to reduce flood risks within Zone X designated areas. 27.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 between 9:00 a.m. and 7:00 p.m. No construction is allowed on Sundays or City Holidays." 28. All construction equipment engines shall be properly tuned and muffled according to manufacturers' specifications. 29. 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. 30. 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. 31. Barriers such as plywood structures or flexible sound control curtains shah be erected along the western edge of the site to minimize noise exposure to the residential uses. 32. Fire Sprinkler systems shall be installed per NFPA 13D requirements. Systems are subject to review and approval by the Fire Marshal. 33. Future residents shall be provided with disclosure regarding the potential for hazards associated with agricultural uses, especially if livestock or agricultural uses are allowed in the adjacent properties. 34. The project applicant shall disclose to potential home owners that elementary students in their household might not attend the adjacent Antonio del Buono Elementary School. 35. 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. 36. 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 EXHIBIT A TM 13 -06 8 the project site. 37. The recommended turn pocket lengths for the Monterey /Cohansey intersection are as follows: The eastbound left -turn lane shall be at least 300 feet long, the southbound right -turn lane shall be 100 feet long, and the northbound left -turn pocket shall be 100 to 125 feet long. 38.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. 39. The applicant shall provide parking in compliance with the Zoning Ordinance subject to the review and approval of the Planning Division. 40. The project will provide accommodations for the proposed improvements on Monterrey Road subject to the review and approval of these improvements. ENGINEERING DIVISION CONDITIONS 41. Street lighting is to be LED, in conformance with the City of Gilroy Climate Action Plan goals. 42.The excavation for the detention basin shall be setback a minimum of 20 feet from the top of bank per Municipal Code § 27a. 43. The detention basin is to be no more than 3 feet in height at a 3:1 slope. 44.A planting and irrigation plan for offsite improvements is to be reviewed and approved by the Planning and Engineering Divisions, prior to approval of improvement plans. 45. The Conditions, Covenants and Restrictions shall specify that the area surrounding the detention basin and all biofiltration facilities are to be landscaped in accordance with the approved landscaping plans and properly maintained by the Homeowners' Association. 46.A maintenance plan for all bioretention facilities specifying in detail the maintenance of all facilities is to be submitted to the City for review and approval prior to improvement plan approval. The maintenance plan shall ensure landscape areas are not neglected and do not become an eyesore for the neighborhood. 47.Offsite sidewalk improvements along Monterey Street run along the route of a VTA bus line and may affect service. Coordination with VTA is to be established making them aware of any potential disruptions to their service, prior to improvement plan approval. Copy the City on any communication documents forwarded to the VTA. 48. Prior to approval of the Final Map, establish a Homeowners' Association for operation and maintenance of private open space, landscaping, irrigation systems, EXHIBIT A TM 13 -06 9 drainage ditches, fences adjacent to Cohansey Avenue and Church Street, masonry walls, and appropriate signage and hardware, and other private facilities subject to the approval of the Planning Division, Public Works Director, and the City Attorney. The Covenants Conditions and Restrictions of all deeds issued within the subdivision shall contain provisions requiring participation in the said Homeowners' Association. The Homeowners Association must accept the above private subdivision improvements prior to the City's acceptance of the public improvements. 49. Until such time as the Improvements are accepted by City, Developer shall be responsible for and bear the risk of loss to any of the Improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Developer will be responsible for the care maintenance of, and any damage to such Improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or Improvements specified in this Agreement prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by Developer. 50. Developer shall design and construct a four lane, free span bridge on Cohansey Avenue over Llagas Creek consistent with the City of Gilroy TIF dimensions for that bridge. The design shall be approved by the Santa Clara Valley Water District. Prior to construction, developer shall obtain an encroachment permit from the Santa Clara Valley Water District ( SCVWD). The design shall be complete and approved by the City Engineer, prior to first building final for single family residences for production homes. The construction of the bridge shall be completed prior to the issuance of the 57th building final for single family residences. The bridge shall be configured with striped Class II bicycle lanes and a minimum of 6 -foot wide to a maximum of 10 foot wide sidewalks along both sides of the travel way, consistent with Gilroy Public Works Standards for that street classification. 51. Developer shall design and construct the ultimate intersection improvements, as required per the General Plan, including the installation of a traffic signal at the intersection of Cohansey Avenue and Monterey Street. Said improvements must be complete and to the satisfaction of the City Engineer. The design and construction of the intersection improvements shall be completed prior to the 20th building final for single family residences for production homes. 52. Developer shall construct frontage improvements on Monterey Road, including but not limited to, sidewalk, curb & gutter, VTA bus stop amenities which may include but not be limited to passenger shelter and sitting area, night lighting, and trash receptacle, landscaping, irrigation, and street lights. 53. Developer shall provide a bike trail access from Cohansey to the future bike trail below the Cohansey Avenue bridge, consistent with SCVWD guidelines for access to bicycle trails along waterways. EXHIBIT A TM 13 -06 10 54. Mail delivery boxes are to be in an area where parking is available and that will not create traffic congestion. Location of the mail delivery boxes are subject to the review and approval of the Planning Division and Public Works Department. 55. 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. 56. Improvement plans are required for all off -site and on -site improvements, prior to Final Map approval and approval of the Improvement Plans. 57. 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.) 58. 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. 59. 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 -4B). 60. 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. 61. 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.). 62.AII 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. EXHIBIT A TM 13 -06 11 63.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 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. 64.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. 65.All grading operations and soil compaction activities shall be per the approved soils report and shall meet with the approval of the City Engineer. 66.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. 67.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. 68. Certification of fire flow test is required prior to building permit final. 69. 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. 70.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. 71. All temporary roads or detours shall have temporary asphalt paving unless otherwise approved by the City Engineer in writing. EXHIBIT A TM 13 -06 12 72. 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. 73. 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. 74.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. 75. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the City. 76. The City will collect the plan check and inspection fee for the utility underground work. 77.A current Title Report shall be submitted for review to the City prior to Final map approval. 78. 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. 79. All lots shall drain to the street for storm drainage unless otherwise approved by the City Engineer. 80. 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. 81.AII work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the City Engineer. 82. The permanent street name sign shall be installed immediately after the curb and gutter construction is complete. 83. The developer /contractor shall make accessible any or all City utilities as directed by the City Engineer. 84.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. EXHIBIT A TM 13 -06 13 85. 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. 86. No utility boxes are allowed to be constructed in the sidewalk without prior written approved by the City Engineer. 87. Certification of improvements on the site plans are required prior to building final permit (add to general notes on Title sheet of Plans). 88.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. 89. Storm and sewer lines in private areas shall be privately maintained unless approved by the City Engineer in writing. 90. Once the tentative map is approved, the developer shall submit an 8 %2 x11 -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. 91. Provide calculations for sanitary sewer design and capacity. 92. The lowest finished floor elevation shall be 1' minimum above high water point or FIRM base flood elevation, whichever is greater. 93. 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. 94. The Homeowners' Association shall be responsible for maintaining the underground storm drain storage and detention system. 95. Provide a letter from the geotechnical engineer stating that the geotechnical engineer has reviewed improvement plans including underground storm drain storage and detention system and they are in conformance with the recommendations of soils report and any supplements. 96. 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 EXHIBIT A TM 13 -06 14 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. 97. The street light layout shall be per City Standards and as directed by the Traffic Engineer. 98. 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 CONDITIONS 99. Secondary access shall be provided when 30 or more units are constructed. For each phase, there shall be two roadways that provide fire access. 100. Current fire hydrant locations are not approved and are considered conceptual only. Final fire hydrant locations shall be approved with off -site and on -site improvement plans. The project engineer shall meet with the Deputy Fire Marshal to determine the final locations. Fire hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure. In general street hydrants shall be spaced every 300 feet, and within 150 feet of any building. Hydrants shall be installed prior to commencement of construction with combustible materials. The most remote hydrant shall be flow tested by the Fire Marshal or another qualified person prior to acceptance by the Public Works Department. Fire Hydrants shall be installed per City Standard Details including curb protection and setbacks. 101. All homes shall be provided with 1.5 -inch water laterals from the public main to the 1 -inch meter, except units on dead end alleys, which shall be provided with 2 -inch laterals to 1 -inch meters. This design will allow adequate flow for a residential NFPA 13d fire sprinkler system. Alley- loaded units have exceedingly long runs and 2 inches are needed to provide for adequate flow. 102. All traffic calming devices are subject to the review and approval of the Fire Chief. No traffic calming device will be approved unless the Fire Chief finds the design does not adversely impact Fire response time and does not adversely impact Fire Department response apparatuses /vehicles. 103. Gated access roadways shall be designed with electronic gates and provided with a remote opening system compatible with Fire Department equipment as well as KNOX key override for Fire and Police access. Gated access plans shall be EXHIBIT A TM 13 -06 15 reviewed and approved by the Fire Marshal prior to installation. 104. Street shall be named prior to off -site improvement plan and building plan submittal. Addresses shall be assigned by the City Engineering Division prior to improvement plan and building permit submittal. Street signage shall be installed prior to construction of any on -site improvements (foundations or buildings). 105. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance of not less than 13.5 feet shall be provided. Dead end public streets shall be provided with a cul-de -sac of 78 -foot 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 than 28 feet: no parking on either side b. Less than 36 feet: no parking on one side. c. Over 36 feet: parking not restricted. 106. Where parking is restricted, it shall be posted with signs stating, "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 the 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 &Rs. COUNCIL -ADDED CONDITIONS 107. The developer shall provide 10 parking spaces within parcel G. These parking spaces shall be shown on the improvement plans, subject to the review and approval of the Public Works Department and the Planning Division. 108. The developer shall widen the median along Cohansey Avenue by at least 10 feet to allow for landscaping. The widening shall be shown on the Final Map and the median and landscaping improvements shall be shown on the improvement plans. This condition is subject to the review and approval of the Public Works Department and the Planning Division. EXHIBIT A TM 13 -06 MITIGATION MONITORING AND REPORTING PROGRAM — HARVEST PARK ANNEXATION AND RESIDENTIAL SUBDIVISION PROJECT January 2007 Impacts Mitigation Measures Timing of Implementation Verified Implementation Responsibility for Compliance X A significant impact may occur 1 -1. Subject to the review and approval of Prior to building final Applicant City of Gilroy if there is non - compliance with the Planning Division, new outdoor lighting Planning General Plan Policies 19.13, shall be directed onsite and designed and Division 19.14, 19.15, installed with shielding. and General Plan Action 19.G, and the City's adopted Lighting 1 -2. The project shall comply with applicable Standards that address Gilroy General Plan policies and actions and minimizing light and with the City's Lighting Standards. glare impacts which would create a new source of substantial light or glare, which would adversely affect day or night views in the area. A significant air quality impact 3 -1. The project applicant shall specify in Prior to Issuance of Applicant City of Gilroy may occur if the project violates project plans the implementation of the Grading or Building Engineering any air quality standard or following dust control measures during grading Permit Division contributes substantially to an and construction activities for the proposed existing or projected air quality project. The measures shall be implemented violation. 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; Page 1 of 12 Harvest Park Project January 2007 Mitigation Monitoring and Reporting Program 1 W14: 11 Page 2 of 12 Harvest Parts Project January 2007 Mitigation Monitoring and Reporting Program • 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 1 W14: 11 Page 2 of 12 Harvest Parts Project January 2007 Mitigation Monitoring and Reporting Program I ::4:i: Page 3 of 12 Harvest Park Project January 2007 Mitigation Monitoring and Reporting Program project site; - Use the minimum practical engine size for construction equipment; and - Gasoline- powered equipment shall be equipped with catalytic converters, where feasible A significant impact would 4 -1. Focused plant surveys should be Prior to Issuance of Applicant City of Gilroy occur if a project has the conducted for Hoover's button -celery in July Grading or Building Planning potential to result in "taking" of and legenere between April and June. If these Permit Division a species listed, or proposed for species are not observed during the focused a listing, or a candidate for surveys, they can be considered absent from listing under the state and /or the project site. If they are observed, they federal Endangered Species should be mapped and impacts to the Act, or protected by the population(s) from the proposed project Migratory Bird Treaty Act quantified. If impacts are anticipated, a (MBTA), or otherwise mitigation and monitoring plan should be considered to have a special developed in consultation with CDFG that may status in local plans, or to include population avoidance, seed collection substantially modify the habitat and propagation, and /or other measures to for such species. minimize the adverse impacts to the species. 4 -2. 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 otenti Ily impacted. Work within the buffer I ::4:i: Page 3 of 12 Harvest Park Project January 2007 Mitigation Monitoring and Reporting Program 1 *:4:II1118I:1 Page 4 of 12 Harvest Paris Project January 2007 Mitigation Monitoring and Reporting Program 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 accommodate nesting raptors, pre - construction surveys should include all land within 300 feet of the edge of the site. 4 -3. 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. 1) 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. 2) 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 1 *:4:II1118I:1 Page 4 of 12 Harvest Paris Project January 2007 Mitigation Monitoring and Reporting Program 10,14:11 Page 5 of 12 Harvest Park Project January 2007 Mitigation Monitoring and Reporting Program 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. 44. 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 surreys 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. 4 -5. 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 10,14:11 Page 5 of 12 Harvest Park Project January 2007 Mitigation Monitoring and Reporting Program Page 6 of 12 Harvest Park Project January 2007 Mitigation Monitoring and Reporting Program excavation of active natal dens, which could be avoided by constructing in the late summer or fall under the direction of a qualified biologist. A significant impact would 4-6. A jurisdictional wetland delineation shall Prior to Issuance of Applicant City of Gilroy occur if the project had the be conducted, and verified by the Corps, to Grading Permit Planning potential to adversely affect determine the presence and extent of Divisions riparian habitat, native jurisdictional wetlands and other waters on the grass land, oak woodland, or project site. If jurisdictional areas are verified other sensitive natural on the project site, and these will be impacted community identified in local or by the proposed project, a Corps permit (and regional plans, policies, or subsequent 401 certification) would be regulations. 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. A significant impact would 5 -1. If prehistoric or historic period materials A Note Shall be Applicant City of Gilroy occur if the project caused a are discovered during grading or construction, Placed on the Plans Planning and substantial adverse change in work shall be halted within 50 meters (165 feet) Prior to Issuance of Engineering the significance of an of the find until a qualified professional Grading or Building Divisions archaeological resource archaeologist can evaluate it. If the find is Permit determined to be significant, appropriate mitigation measures shall be formulated and implemented (Gilroy General Plan Policy 5.07). A significant impact would 5 -2. If human remains are found during A Note Shall be Applicant City of Gilroy occur if the project disturbed construction there shall be no further Placed on the Plans Planning any human remains. excavation or disturbance of the site or any Prior to Issuance of Division nearby area reasonably suspected to overlie Grading or Building adjacent human remains until the coroner of Permit Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the Page 6 of 12 Harvest Park Project January 2007 Mitigation Monitoring and Reporting Program .l : : Page 7 of 12 Harvest Park Project January 2007 Mitigation Monitoring and Reporting Program 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. A significant impact would 6 -1. The project applicant shall submit a soils Prior to Issuance of Applicant City of Gilroy occur if the project site is investigation prepared by a qualified soils Building Permit Building Division subject to strong seismic engineer for the proposed project. The ground shaking. 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. .l : : Page 7 of 12 Harvest Park Project January 2007 Mitigation Monitoring and Reporting Program 10,14: Page 8 of 12 Harvest Paris Project January 2007 Mitigation Monitoring and Reporting Program 6 -2. The project applicant shall design all structures in accordance with the California 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. A significant impact would 6 -3. The applicant shall prepare an erosion and Prior to Issuance of Applicant City of Gilroy occur if the project resulted in deposition control plan detailing appropriate Grading or Building Engineering and substantial soil erosion or the methods of erosion and deposition control Permits Building loss of topsoil. during grading, construction, and operation of Divisions 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. A significant impact would 64. As required by General Plan Action 25.E, Prior to Issuance of Applicant City of Gilroy occur if the project is located on the applicant shall prepare a site - specific soils Building Permit Building Division slopes greater than 10 percent report for the proposed project which includes and in areas with highly laboratory testing of on -site soils as well as expansive soils. 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. A significant impact may occur 8 -1. The project applicant shall prepare a Prior to Issuance of Applicant City of Gilroy if the project altered the natural detailed Flood Management and Mitigation Grading Permit Engineering drainage, including small Plan (FMMP), subject to approval by the Santa Division canyons and seasonal creeks, Clara Valley Water District (SCVWD) and the or substantially increases the City of Gilroy. rate or amount of surface runoff in a manner that would result in on- or off -site flooding. 10,14: Page 8 of 12 Harvest Paris Project January 2007 Mitigation Monitoring and Reporting Program Page 9 of 12 Harvest Park Project January 2007 Mitigation Monitoring and Reporting Program Implementation of the proposed 8 -2. Prior to issuance of a grading permit, the Prior to Issuance of Applicant City of Gilroy project would result in an applicant shall submit a Notice of Intent to the Grading Permit Engineering increase in impermeable Central Coast Regional Water Quality Control Division surface on the project site. Board to obtain a General Construction Stormwater Permit for the project. A Storm Water Pollution Prevention Program ( SWPPP) shall be developed in compliance with this permit that achieves the following four major objectives. The SWPPP shall also be submitted to the City of Gilroy Engineering Division prior to issuance of a grading permit. • Identify pollutant sources, including sources of sediment that may affect the quality of storm water discharges from the construction site. • Identify non -storm water discharges. • Identify, construct, implement in accordance with a time schedule, and maintain Best Management Practices (BMPs) to reduce or eliminate pollutants in storm water discharges and authorized non -storm water discharges, from the construction site during construction; and • Identify, construct, and implement in accordance with a time schedule, and assign maintenance responsibilities for post - construction BMPs. These measures would be installed and implemented during construction to reduce or eliminate pollutants after construction is completed. A significant impact would 8 -3. The first floor of all buildings shall be Prior to Issuance of Applicant City of Gilroy occur if the project is constructed a minimum of hAm faet one foot Building Permit Building Division inconsistent with the City of B.F.E. above existing ground level to reduce Gilroy Flood Control Ordinance flood risks within Zone X designated areas. and would place housing within a 100 -year flood hazard area as mapped on Federal Flood Page 9 of 12 Harvest Park Project January 2007 Mitigation Monitoring and Reporting Program Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map. A significant impact may occur 11 -1. The following language shall be included Prior to Issuance of Applicant City of Gilroy if the project exceeds on all permits issued for this project, subject to Grading or Building Engineering and permissible maximum outdoor the review and approval of the Building Permit Building and indoor noise levels Division: "All construction activities shall be Divisions adopted in General Plan Policy limited to weekdays between 7:00 a.m. and 26.02, Figure 8 -3. 7:00 p.m. and to Saturday between 9:00 a.m. and 7:00 p.m. No construction is allowed on Sundays or City Holidays." 11 -2. All construction equipment engines shall be properly tuned and muffled according to manufacturers' specifications. 11 -3. 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. 11-4. 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. 11 -5. 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. A significant impact may occur 13 -1. Fire Sprinkler systems shall be installed Prior to Issuance of Applicant City of Gilroy if the project would require per NFPA 13D requirements. Systems are Building Permit Fire and physical changes (new or subject to review and approval by the Fire Building altered facilities ) to ensure Marshal. Divisions EXHIBIT B Page 10 of 12 Harvest Park Project January 2007 Mitigation Monitoring and Reporting Program average emergency response time of less than 4.0 minutes. A significant impact may occur 13 -2. Future residents shall be provided with Prior to Issuance of Applicant City of Gilroy if the project would require disclosure regarding the potential for hazards Building Permit Fire and physical changes (new or associated with agricultural uses, especially if Building altered facilities) to ensure livestock or agricultural uses are allowed in the Divisions average emergency response adjacent properties. time of less than 4.0 minutes. A significant impact may occur 13 -3. The project applicant shall disclose to Prior to Issuance of Applicant City of Gilroy if the project would require potential home owners that elementary Building Permit Planning physical changes (new or students in their household might not attend Division altered facilities) for public the adjacent Antonio del Buono Elementary schools. School. A significant impact may occur 14 -1. The project frontage on Monterey Road Prior to Approval of Applicant City of Gilroy if the project substantially shall be designed such that sufficient right -of- Improvement plans Engineering increases hazards due to a way is available for the future widening and Division design feature (e.g., addition of a bike /pedestrian trail on Monterey sharp curves or dangerous Road, as specified in the City of Gilroy General intersections) or incompatible Plan and the City of Gilroy Trails Master Plan. uses (e.g., farm equipment). Additionally, the project site design shall accommodate, as necessary, the planned trail in the Llagas Creek Corridor. 14 -2. 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. 14 -3. The recommended turn pocket lengths for the Monterey /Cohansey intersection are as follows: The eastbound left -turn lane shall be at least 300 feet long, the southbound right -turn lane shall be 100 feet long, and the northbound left -turn pocket shall be 100 to 125 feet long. 14-4. The radius of the horizontal curve on Church Street, south of Cohansey Avenue I' Page 11 of 12 Harvest Park Project January 2007 Mitigation Monitoring and Reporting Program EXHIBIT B Page 12 of 12 Harvest Park Project January 2007 Mitigation Monitoring and Reporting Program shall be increased to at least 610 feet to comply with City street design standards. A significant impact may occur 14 -5. The applicant shall provide parking in Prior to Approval of Applicant City of Gilroy if the project results in compliance with the Zoning Ordinance subject Improvement plans Planning inadequate parking capacity. to the review and approval of the Planning Division Division. A significant impact may occur 14 -9. The project will provide accommodations Prior to Approval of Applicant City of Gilroy if the project does not provide for the proposed improvements on Monterrey Improvement plans Planning accommodation for the Road subject to the review and approval of Division proposed Monterey Road these improvements. improvements. EXHIBIT B Page 12 of 12 Harvest Park Project January 2007 Mitigation Monitoring and Reporting Program I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2014 -02 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 6t' day of January, 2014, 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 ?t' day,,9f January, 2014. $'hawna Freels, MMC City Clerk of the City of Gilroy (Seal)