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
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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
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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
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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
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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
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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
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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
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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
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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;
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January 2007 Mitigation Monitoring and Reporting Program
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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
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January 2007 Mitigation Monitoring and Reporting Program
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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
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January 2007 Mitigation Monitoring and Reporting Program
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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
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January 2007 Mitigation Monitoring and Reporting Program
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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
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January 2007 Mitigation Monitoring and Reporting Program
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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
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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 : :
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January 2007 Mitigation Monitoring and Reporting Program
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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.
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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)