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Resolution 2014-031 RESOLUTION NO. 2014-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S -PUD 13 -26, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF THE HARVEST PARK PHASE II SUBDIVISION ON APPROXIMATELY 17 ACRES 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 application A/S -PUD 13 -26 requesting architectural and site approval of a Planned Unit Development to construct fifty -seven (57) residential lots ( "the Project ") on approximately 17 acres, on APN 790 -06 -029 and 030, located west of Monterey Street and north and south of the future Cohansey Avenue extension; and WHEREAS, the City Council directed staff to prepare a resolution approving a RDO housing exemption, RDO HE 13 -02, for a project at this site on December 2, 2013; 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 staff report dated November 21, 2013 ( "Planning Commission Staff Report"), and all other documentation related to application A/S 13 -26, and recommended that the City Council approve said application with amendments to conditions 15 and 21, and the addition of conditions 22 and 23; 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 A/S 13 -26; and WHEREAS, the City Council requested City Staff to prepare a resolution of approval for the Project, incorporating all of the recommended condition changes proposed by the Planning Commission and incorporating an additional change to condition 21; and RESOLUTION NO. 2014-03 2 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 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, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this Project approval is based, is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT: SECTION I The City Council hereby adopts the findings as required by Zoning Ordinance Section 50.55 based upon substantial evidence in the entire record as summarized below: 1. The project conforms to the Gilroy General Plan in terms of general location and standards of development, in that the project is located in an area that is designated for residential development and the proposal meets or exceeds the development standards. 2. The project provides the type of development that will fill a specific need of the surrounding area, in that a two housing types are proposed that will assist the city in meeting its housing goals. RESOLUTION NO. 2014-03 3. The project will not require urban services beyond those that are currently available, in that all such services are currently available at the subject property. 4. The project provides a harmonious, integrated plan that justifies exceptions, if such are required, to the normal requirements of this ordinance, in that the project conforms to the requirements of the "Neighborhood District Policy," which requires a harmonious and integrated plan. 5. The project reflects an economical and efficient pattern of land uses, in that the land plan proposes a clustered compact development plan layout. 6. The project includes greater provisions for landscaping and open space than would generally be required, in that the proposed development includes greenways along Cohansey Avenue and Church Street and the applicant will donate $50,000 to the City, which may be used to fund improvements to the park adjacent to Antonio del Buono School. 7. The project utilizes aesthetic design principles to create attractive buildings and open space areas that blend with the character of surrounding areas. 8. The project will not create traffic congestion, noise, odor or other adverse effects on surrounding areas, in that the project is designed so as not to create any traffic congestion, noise, odor or other adverse effects on surrounding areas; and 9. The project provides adequate access, parking, landscaping, trash areas and storage, as necessary. SECTION II Application A/S -PUD 13 -26 is hereby approved subject to the conditions of approval set forth in Exhibit "A" attached hereto and entitled "A/S 13 -26 Harvest Park Final Conditions of Approval", and subject to the Mitigation Measures in the Mitigated Negative Declaration and the Mitigation Monitoring Reporting Program attached hereto as Exhibit "B ". SECTION III This Resolution shall take effect only if, and upon the same date that Resolution 2014 -02 takes effect approving Tentative Map application TM 13 -06. If said Resolution does not take effect, then this Resolution shall be null and void without further action by the City Council, and RESOLUTION NO. 2014-03 4 application A/S 13 -26 shall be deemed denied. PASSED AND ADOPTED this 6h day of January, 2014 by the following roll call vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, LEROE- MUNOZ, TUCKER, WOODWARD and GAGE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: AULMAN ATTEST: Freels, City Clerk APPROVED: �POW,6� 1,C) Donald Gage, Mayor 44Z RESOLUTION NO. 2014-03 1 A/S 13 -26 Harvest Park Final Conditions of Approval PLANNING DIVISION CONDITIONS 1. Placement of mail box structures shall comply with the Post Office requirements and shall be subject to the review and approval by the Post Office and the City Public Works Department, prior to approval of improvement plans. If modifications to the tentative map would then be required, the applicant will apply for a modification to the tentative map. 2. Landscaping: The applicant shall landscape the front yards of each home. Detailed landscaping plans including specifications for an irrigation system shall be approved by the Planning Division in accordance with the adopted Consolidated Landscaping Policy and Zoning Ordinance section 30.30.10 et. Sec., prior to issuance of a building permit. The landscaping shall be continuously maintained in an orderly, live, healthy, and relatively weed -free condition, in accordance with the adopted Consolidated Landscaping Policy and the approved specific landscape plan. 3. The developer shall provide stucco window trim, shutters, and /or other architectural amenities on the windows along the side and rear elevations on every home within this subdivision. 4. All fences must meet the requirements of City Code Section 30.34.30. 5. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward from the site toward any residential use or public right -of -way. This is subject to the review and approval of the Planning Division. 6. Building colors shall be earth tones subject to the review and approval of the Planning Division. 7. All two -car garages shall be 20 feet wide x 20 feet long, clear of any obstructions, measured from the interior of the garage, and clear of the area needed to accommodate door swing. 8. Approval of A/S 13 -26 is subject to the applicant receiving approval of Residential Development Ordinance Housing Exemption application RDO HE 13 -02 and Tentative Map application TM 13 -06. 9. This project shall conform to the plans prepared by Hanna Brunetti, dated October 2013 and Dahlin Group, dated September 13, 2013, and stamped "Approved," except as modified by the City Council's approval of this application and the conditions of approval. The colors and materials shall conform to the colors and materials board prepared by Dahlin Group and stamped "Approved" by the Planning A/S 13 -26 Division. PLANNING DIVISION SPECIAL CONDITIONS 10. Install a minimum six (6) foot sound attenuation fence (at least 20 kilograms /square meter) along all rear yards of those lots abutting Cohansey. 11. Landscaping in front of the sound - attenuating fence shall be installed concurrently with the fence. Both the fence and landscaping shall be completed prior to building permit final for homes adjacent to the fence. 12. The homeowners' association shall maintain the sound - attenuating fence and the landscaping in front of the sound - attenuating fence. 13. The developer shall install a minimum six (6) foot high sound attenuation fence (at least 20 kilograms /square meter) along all rear yards of those lots abutting Cohansey. 14. The homeowners' association shall maintain all private parcels, alleys, and common area landscaping within this subdivision. 15. The proposed wooden sound fences adjacent to roadways, whether public or private, shall be decorative and constructed of a masonry material. Specifically, such masonry walls shall be required for lots within the subdivision that back onto or are siding onto a street. In addition, landscaping shall be placed between the masonry walls/fences and the meandering sidewalk along Cohansey Avenue. The details of such masonry walls and landscaping shall be provided by the applicant at the time of public improvement plan submittal, and shall be to the satisfaction of the Planning Manager. 16. The homes on lots 1 and 2 shall be set back at least 11 feet from the rear yard property line. The applicant shall amend the setback chart included in the project staff report to document the final setbacks and ensure that homes are constructed in compliance with the amended setbacks. 17. When homes on lots 43 through 57 have a rear yard setback of less than 15 feet, trees with dense foliage shall be planted along the rear yards property line, such that a visual screen is provided between these homes and the lots south of this site. The tree size and species shall be included on the landscaping plan, and shall be subject to review and approval by the Planning Division prior to building permit issuance. 18. The detention basins shall have a maximum slope of 3:1 and a maximum depth of 3 feet. 19. The developer shall provide the following amenities in this project: (A) $50,000 contribution to the park adjacent to Del Buono School (see condition A/S 13 -26 3 20 (A) for alternate uses of these funds); (B) A piece of public art along Cohansey Avenue (see condition 20 (B) for processing requirements); (C) 60 -inch box oak trees along Cohansey Avenue, consistent with the conceptual landscaping plan; and (D) Photovoltaic (solar) systems on all homes within the subdivision. 20. The developer shall enter into an agreement with the City to: (A) Donate $50,000 for the future City park located at the southeast corner of Vickery Avenue and Wren Avenue. If the City determines that the $50,000 donation is not needed to complete park improvements at the site, the funds shall be used for another public amenity as determined appropriate by the City; and (B) Install one piece of public art along Cohansey Avenue. Design and installation of the public art shall be subject to the review of the City's Public Arts Committee and approval by the City's Arts and Culture Commission. 21. The affordable components of the Harvest Park Phases I and II shall be finaled for occupancy prior to the issuance of the building final of the twenty -first (21st) unit of Harvest Park Phase Il. 22.All roofs within this subdivision shall be tile material, and can include varying designs, as appropriate for the building design. 23. The Planning Commission prefers that the design of arterial roadways, such as Cohansey Avenue, include a landscaped median. As such, the applicant shall install landscaping and irrigation in the median along Cohansey Avenue, if requested by City Council. Staff shall present options and alternatives to the City Council for consideration and approval as part of this architectural and site review application. 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. 24. Subject to the review and approval of the Planning Division, new outdoor lighting shall be directed onsite and designed and installed with shielding. 25. The project shall comply with applicable Gilroy General Plan policies and actions and with the City's Lighting Standards. 26. 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 A/S 13 -26 0 Division. The following measures shall be implemented: • Water all construction areas at least twice daily; • Cover all trucks hauling soil, sand, and other loose materials; • Apply clean gravel, water, or non -toxic soil stabilizers on all unpaved access roads, parking areas and staging areas at constructions sites; • Remove excess soils from paved access roads, parking areas and staging areas at construction sites; • Sweep streets daily (with mechanical sweepers) if visible soil material is carried onto adjacent public streets; • Hydroseed or apply non -toxic soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); • Enclose, cover, water twice daily, or apply non -toxic soil binders to exposed stockpiles (dirt, sand, etc.); • Limit traffic speeds on unpaved roads to 15 miles per hour; • Install sandbags or other erosion control measures to prevent silt runoff to public roadways; • Replant vegetation in disturbed areas as soon as possible; • Install wheel washers for all exiting trucks or wash off the tires or tracks of all trucks and equipment leaving the construction site; • Install wind breaks at the windward sides of the construction areas; • Suspend excavation and grading activities when wind (as instantaneous gusts) exceeds 25 miles per hour; • The idling of all construction equipment shall not exceed five minutes; • Limit the hours of operation of heavy duty equipment and /or the amount of equipment in use; • All equipment shall be properly tuned and maintained in accordance with the manufacturer's specifications; • When feasible, alternative fueled or electrical construction equipment shall be used for the project site; • Use the minimum practical engine size for construction equipment; and -Gasoline-powered equipment shall be equipped with catalytic converters, where feasible 27. 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. 28. 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 A/S 13 -26 5 protected under the Migratory Bird Treaty Act and Fish and Game Codes are observed nesting on or near the project site, an appropriate buffer zone shall be established around all active nests to protect nesting adults and their young from construction disturbance. Buffer zones shall be determined in consultation with CDFG based on the site conditions and the species potentially impacted. Work within the buffer zone should be postponed until all the young are fledged, as determined by a qualified biologist. Currently, CDFG requests a 300 -foot buffer for nesting raptors such as white- tailed kite, a 100 -foot buffer for special- status passerines such as loggerhead shrike, and a 50 -foot buffer for all other native bird nests (Johnston, pers. comm.). To accommodate nesting raptors, pre - construction surveys should include all land within 300 feet of the edge of the site. 29.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. 30.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. A/S 13 -26 L 31. Within 14 to 30 days prior to construction, a qualified biologist shall conduct a ground survey for American badger dens. If dens are present, the qualified biologist shall determine if they are occupied by studying recent sign or monitoring for tracks using den dusting techniques for three consecutive days. If active dens are present, CDFG shall be contacted for permission to excavate and passively relocate the badgers. Note that CDFG may not approve excavation of active natal dens, which could be avoided by constructing in the late summer or fall under the direction of a qualified biologist. 32.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. 33. 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). 34. 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 (IVILD) 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 A/S 13 -26 7 acceptable to the landowner. 35. The project applicant shall submit a soils investigation prepared by a qualified soils engineer for the proposed project. The recommendations of the soils investigation shall be incorporated into the final building plans, subject to the review and approval by the City of Gilroy Engineering Division prior to approval of building permits. 36.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. 37. 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. 38.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. 39. 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. 40. 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 A/S 13 -26 measures would be installed and implemented during construction to reduce or eliminate pollutants after construction is completed. 41.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. 42.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." 43.AII construction equipment engines shall be properly tuned and muffled according to manufacturers' specifications. 44. 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. 45.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. 46. 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. 47. Fire Sprinkler systems shall be installed per NFPA 13D requirements. Systems are subject to review and approval by the Fire Marshal. 48. 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. 49. 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. 50. 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. A/S 13 -26 9 51. 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. 52. 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. 53. 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. 54. The applicant shall provide parking in compliance with the Zoning Ordinance subject to the review and approval of the Planning Division. 55. The project will provide accommodations for the proposed improvements on Monterrey Road subject to the review and approval of these improvements. FIRE DEPARTMENT CONDITIONS These conditions shall be included as notes on the cover page of the construction drawings submitted for building permit. 56. Single- family homes with a fenced yard shall have a gate that opens to a public way (or to an open yard that leads to a public way). 57. Single- family homes with front doors that are accessed via a fenced or enclosed courtyard shall have an operable latch from the house side to allow exiting to the public way (or open yard to a public way). 58.An address shall be provided at building permit submittal. House numbers shall be clearly visible from the street on which the home fronts. 59. Single- family homes shall be addressed from the street that the front door faces and shall be visible from that street. If the house is recessed, obstructed, or at an angle such that the front door is not visible from the street, an additional address sign shall be provided that is visible from the street. All main address numbers shall be illuminated a minimum of 2.5 inches in height with a 3/8 -inch stroke and placed to read from left to right and /or top to bottom, and located at least 60 inches high, measured from the ground. 60. Accessory and second dwelling units shall have an address that shall be visible from the street. When the unit is not visible an address post shall be provided at the street with all the addresses for the parcel. An illuminated address shall be on the front door side of each unit and at a minimum of 60 inches high, measured from the A/S 13 -26 10 ground. 61.Accessory and Second Dwelling units shall be provided a path of travel to the public way that is a minimum of 36 inches wide. If gated off, a latch that is accessible from the dwelling unit side shall be provided. 62. Egress Windows shall be provided on all sleeping rooms. A room that does not have a clearly defined use such as a kitchen, closet, dining room, living/family room or study shall be considered a sleeping room. Studies/libraries with closets shall be treated as sleeping rooms. Storage rooms that are provided with windows, and electrical outlets and are greater than 50 square feet may also be considered sleeping rooms if attached to a dwelling unit. 63. All residential structures shall be provided with residential fire sprinklers including detached garages. To provide for adequate water flow, provide 1.5 -inch laterals from the meter (1 inch) to the home. For alley loaded units provide 2 -inch lateral from the meter (1 inch) as these units have long travel distances and will experience flow loss. The City residential Fire Sprinkler Standards include a. System to comply with NFPA 13D subject to inspection by the City. b. Riser shall be installed in the garage unless alternate approved by the Fire Marshal c. If the water supply to the home is not at the garage, a check valve shall be supplied at the location of the tee from the domestic supply, water supply from point of entry to the riser shall be approved fire sprinkler line. d. All enclosed garages and attached carports shall be provided with sprinkler protection. e. At least one sprinkler of each type shall be present in the spare head box at final. f. An exterior bell/horn shall be installed on the bedroom side of the home. A horn device shall be provided for the interior living space. g. Sprinkler CPVC piping in attic space shall be provided with adequate insulation or be done with a copper riser. h. Sprinkler coverage shall be provided underneath stairwells when used as storage, closets or bathrooms (even if less than 55 square feet). Concealed spaces used for storage in attics or crawl spaces that exceed 55 square feet in area and 6 feet in height, shall be provided with sprinkler coverage. A/S 13 -26 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; : AI : Page 1 of 12 Harvest Paris Project January 2007 Mitigation Monitoring and Reporting Program EXHIBIT B 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 manufacturers specifications; • When feasible, alternative fueled or electrical construction equipment shall be used for the EXHIBIT B Page 2 of 12 Harvest Parts Project January 2007 Mitigation Monitoring and Reporting Program 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 (META), 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 potentially impacted. Work within the buffer Page 3 of 12 Harvest Park Project January 2007 Mitigation Monitoring and Reporting Program Page 4 of 12 Harvest Park 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 Page 4 of 12 Harvest Park Project January 2007 Mitigation Monitoring and Reporting Program 10,14 Page 5 of 12 Harvest Paris 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. 4-4. 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. 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 Page 5 of 12 Harvest Paris 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 EXHIBIT B 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 (MILD) 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 MILD 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. EXHIBIT B Page 7 of 12 Harvest Park Project January 2007 Mitigation Monitoring and Reporting Program EXHIBIT B Page 8 of 12 Harvest Park 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 6-4. 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. EXHIBIT B Page 8 of 12 Harvest Park Project January 2007 Mitigation Monitoring and Reporting Program WNW 10.1180.1 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 Won fan 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 WNW 10.1180.1 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 Paris 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. 144. The radius of the horizontal curve on Church Street, south of Cohansey Avenue Page 11 of 12 Harvest Parts 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 -03 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 6`h 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 7"h day of January, 2014. Wawna Freels, MMC City Clerk of the City of Gilroy (Seal)