Resolution 2014-07I
RESOLUTION NO. 2014 -07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING TM 13 -04, A TENTATIVE MAP
FOR A RESIDENTIAL SUBDIVISION CREATING 55
SINGLE - FAMILY RESIDENTIAL LOTS, ONE 1.5 ACRE
LOT FOR A DETENTION BASIN, AND ONE .5 ACRE
LOT FOR THE DRAINAGE SWALE, FOR PROPERTY
LOCATED SOUTH OF DAY ROAD AND WEST OF
COUGAR COURT, APN 783 -16 -026, GLEN L O M A
CORPORATION, APPLICANT
WHEREAS, Glen Loma Corporation submitted an application requesting a tentative
map to subdivide an approximate 15 -acre site to create 55 single - family residential lots in the
R -1 single - family zoning district with related utilities infrastructure, a 1.2 -acre detention
basin/open space parcel, public streets with access to Day Road, a secondary emergency
vehicle access route to Cougar Court and off -site widening improvements with the public right
of way for both Day Road and Cougar Court ( "the Project ") on APN 783 -16 -026; and
WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "), the
Silveira Residential Subdivision Mitigated Negative Declaration ( "MND ") has been prepared
for the tentative map and mitigation measures have been developed and agreed to by the Glen
Loma Corporation that avoid or reduce the environmental impacts of the Project to less than
significant; and
WHEREAS, the Planning Commission held a duly noticed public hearing on December
5, 2013 at which time the Planning Commission considered the public testimony, the staffreport
dated December 5, 2013 ( "Staff Report") , the M N D, and all other documentation related to
application TM 13 -04, and recommended that the City Council approve the MND and TM 13-
04; and
WHEREAS, the City Council held a duly noticed public hearing on January 6, 2014,
and considered the public testimony, the Staff Report, a Supplemental Staff Report
dated January 6, 2014, the MND, and all other documentation related to application
MVAKH1aA\047 RESOLUTION NO.2014 -07
MVAKHARIA104706089
2
TM 13 -04 and requested City Staff to prepare a resolution of approval for the Project; and
WHEREAS, pursuant to C E Q A, t h e City Council on January 6, 2014, determined
that the mitigation measures i n t h e M N D will substantially lessen identified potential
significant effects to apoint of no significance and adopted the MND, finding that on the basis of
the entire record there is no substantial evidence that the Project will have a significant effect on
the environment and that the MND reflects the independent analysis and judgment of the City;
and
WHEREAS, a mitigation monitoring and reporting plan has been prepared, consistent
with the adopted mitigated 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 (Low Density Residential).
3. The proposed Project is consistent with the City's Zoning Ordinance and
Subdivision and Land Development Code, and with the State Subdivision Map Act.
4. There is no substantial evidence in the entire record that the Project as mitigated
will have any significant effects on the environment.
5. There are no facts to support the findings requiring denial of the proposed
tentative map pursuant to California Government Code section 66474.
MVAK a A\047 RESOLUTION NO. 2014-07
MVAI4IARIA104706089
3
SECTION II
Tentative Map TM 13 -04 should be and hereby is approved, subject to the conditions
of approval set forth in Exhibit "A" attached hereto and entitled "TM 13 -04
CONDITIONS," and subject to the Mitigation Measures in the Mitigated Negative
Declaration and the Mitigation Monitoring Program hereby adopted for the Project,
attached hereto as Exhibit "B."
PASSED AND ADOPTED this 27th day of January, 2014, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, AULMAN, BRACCO,
LEROE- MUNOZ, TUCKER, WOODWARD
and GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
2�1- �q�
Donald Gage, Mayor
6
ATTEST:
/ Shawna Freels, City Clerk
4825-8718-00550 MARI 06089
MVAKHARIA1047 RESOLUTION NO. 2014 -07
EXHIBIT A
TM 13-04
CONDITIONS
GENERAL PROJECT CONDITIONS
1. This permit is granted for the property described in the application and detailed in plans
prepared by Ruggeri-Jensen-Azar, dated September 11, 2013, ("the plans") on file with
the Planning Division. The project shall conform to the approved plans, except as
otherwise specified in these conditions, or unless a permit modification or new permit is
otherwise approved by the appropriate decision- making body.
2. By commencing any activity related to the project or using any structure authorized by
this permit, Developer accepts all of the conditions and obligations imposed by this
permit and waives any challenge to the validity of the conditions and obligations stated
therein.
3. Initial approval of a tentative map is valid for twenty-four (24) months. Such approval
shall expire unless — prior to the expiration date - the City Council has conditionally
extended such approval for an additional period.
4. This permit shall automatically become null and void 24 months from the date of its
issuance, unless Developer has diligently developed the proposed project, as shown by
the issuance of a grading, foundation, or building permit, and the construction of
substantial improvements.
5. No building permit shall be issued in connection with this project if the owner or
developer of such development (i) is not in compliance with the City's Residential
Development Ordinance (City Zoning Ordinance Sections 50.60 et seq.) referred to as
the RDO, any conditions of approval issued in connection with such development, or
other City requirements applicable to such development; or (ii) is in default under any
agreement entered into with the City in connection with such development pursuant to
the. RDO. The project must also comply with any condition of exemption granted from
the RDO, including but not limited to time limits in obtaining City approvals and
completion of construction of the dwelling units.
6. 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.
W66' k A
TM 13-04 Exhibit A
Page 2
7. Beforee placing or constructing any signs on the subject property, Developer shall obtain
a sign permit, as required, from the City.
8. An Architectural & Site Review application approval, shall be required prior to, or
concurrent with, application for any building permits for the houses, including for the
Model Homes.
PLANNING DIVISION CONDITIONS
9. Prior to approval of the Final Map, Developer shall submit a copy of the Conditions,
Covenants and Restrictions (CC &Rs) to the Planning Division for approval. Such
CC&Rs shall be consistent with the terms of this permit and the City Code. If there is a
conflict between the CC &Rs and the City Code or this permit, the City Code or this
permit shall prevail.
10. The applicant and /or developer shall transport imported and exported construction
materials, debris, and/or excavated soils along the Traffic Engineer's designated truck
route for the project The designated truck route shall follow Day Road, Santa Teresa
Boulevard, to Masten Avenue and Highway 101, and vice versa. The applicant shall
Include this route on the improvement plans and grading plans.
11. Developer shall include all dust control and grading implementation conditions as notes
on the grading plans submitted to the City for approval.
12. Developer shall provide for dust control at all times during project property preparation
and construction activities.
13. Sbak names shown on the tentative map have not been approved by the Stmt
Naming Committee.. The approved street names for all proposed roadways shall be
accurately shown on improvement plans and Final Map, prior to consideration of this
Final Map by the City Council.
14. landscape plans shall include vegetation to sufficiently screen masonry walls placed
along Day Road and Cougar Court as viewed from those roadways.
PLANNING DIVISION SPECIAL CONDITIONS
Mitigation Measures
The following MITIGATION MEASURES, which are contained within the applicable .
environmental documents as discussed above, prepared pursuant to the California
Environmental Quality Act, and as modified based upon changes in applicable regulations,
are included as conditions of approval..
TM 13-04 Exhibit A
Page 3
15. Prior to the approval of a Site and Architectural Review application, the applicant shall
prepare a landscape plan to provide sufficient vegetation to screen the walls along Day
Road and Cougar Court as viewed from Santa Teresa Boulevard. The landscape plan
shall be subject to review and approval by the Planning Commission.
16. The approved landscape plan shall be implemented prior to issuance of an occupancy
permit.
17.The project applicant shall specify in project plans the implementation of the folkrMng
dust control measures during grading and construction activities for any proposed.
development.. The measures shall be implemented as necessary to adequately control
dust, subject to the review and approval by the City of Gilroy Planning Division:.
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles,. graded areas,
and unpaved access roads) shall be watered two times per day.
b. All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
c. All visible mud or dirt track -out onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day. The use of dry power
sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, driveways, and sidewalks to be paved shall be completed and building
foundations shall be laid as soon as possible after grading unless seeding or soil
binders are used.
f. Idling times shall be minimized. either by shutting equipment off when not in use or
reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Tile 13, Section 2485 of California Code of
Regulations [CCRD. Clear signage shall be provided for construction workers at all
access points.
g. All construction equipment shall be maintained and properly tuned in accordance
with manufacturer's specifications. All equipment shall be checked by a certified
visible emissions evaluator..
h. Post a publicly visible sign with the telephone number and person to contact at the
lead agency regarding dust complaints. This person shall respond. and take
corrective action within 48 hours. The Air District's phone number shall.also be
visible to ensure compliance with applicable regulations.
TM 13 -04 Exhibit A
Page 4
18.7o avoid potential impacts to nesting birds, noise - generating construction activities and
vegetation removal should be scheduled to take place outside of the nesting bird.
season. (February 1 to August 31). If construction begins during the nesting season,
then a qualified biologist will conduct a pre - construction survey for nesting birds to
ensure that no nests would be disturbed during project construction.. This survey will be
conducted no more than seven days prior to the initiation of disturbance activities
during the early part of the nesting season (February through April) and no more than
30 days prior to the initiation of disturbance activities during the late part of the nesting
season (May through August). If pre- construction nesting. bird surveys are necessary,.
based. upon the requirements of this mitigation measure, then a pre- construction survey
report shall be prepared prior to commencement of construction. activities, subject to
review and. approval by the City Planning Division.
If no alive nests are present within 250 feet of construction, then activities can proceed
as scheduled. However, if an active nest is detected during the survey within 250 feet of
construction, then the establishment of a protective construction -free buffer zone from
each active nest (typically 250 feet for raptors and 50-100 feet for other species) will be
dearly delineated or fenced until the juvenile bird(s) have fledged (left the nest), unless
the biologist determines that construction noise would not impact the active nest.
19FBecause the site contains a native tree deemed significant by the City of Gilroy's
Consolidated Landscaping Policy,. the project applicant shall fully comply with the
measures required by Section 6 of the Consolidated. Landscaping Policy. Prior to
removal of any significant tree, the project applicant shall obtain a tree removal permit,:
subject to review and approval by the City Planning Division, and. will comply with any
tree protection or replacement measures stipulated by the City.
20. The applicant shall obtain a Habitat Plan. permit from the City. of Gilroy, prior to issuance
of a grading permit. The permit shall include, but not be limited to,. the following .
conditions:
a. Maintain Hydrologic Conditions and Protect Water Quality. The proposed project
shall provide Low Impact Development features and. employ Best Management
Practices to.. comply with the Regional Water Quality Control. Board storm water
management regulations, including a bio retention open space area and other
landscape filtrationfinfilbation. features.
b. Western Burrowing Owl. In the event that a burrowing owl is inadvertently,
discovered on the site at any time prior to or during project construction, the.
following mitigation requirements shall be implemented: Development and
operations and maintenance guidelines will ensure that impacts to. burrowing owl
from covered activities are avoided. or minimized.. Species specific surveys shall be
conducted during the project planning phase, and potential impacts to occupied
breeding habitat shall be mapped.. Preconstruction surveys shall establish species.
presencelabsence. Project monitoring shall be coordinated with other regional
TM 13-04 Exhibit A
Page 5
efforts. Avoidance and minimization measures, including the establishment of a
250-foot buffer zone, shall avoid all nest sites that could be disturbed by project
construction throughout the breeding season (generally February through August).
During the non - breeding season, active burrows shall be avoided by the
establishment of a 160-foot border, and exclusion doors shall be put in place for 48
hours prior to excavation. All project monitoring shall be conducted by a qualified
biologist.
21. Due to the possibility that significant buried cultural resources might be found during
construction,. the following language shall be included on any permits issued for the
project site, subject to the review and approval of the Gilroy Planning Division (pursuant
to Gilroy General Plan Policy 5.07):
If archaeological resources are discovered during 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.
22. In the event of an accidental discovery or recognition of any human remains in any
location other than a dedicated. cemetery, the City shall ensure that the language is
included in all permits in accordance with CEQA Guidelines section 15064.5(e), subject
to the review and approval of the City of Gilroy Planning Division:
If human remains are found during construction there shall be no further excavation or
disturbance of the site or any nearby area reasonably suspected to overlie adjacent
human remains until the coroner of Santa Clara County is contacted to determine that
no investigation of the cause of death is required. If the coroner determines the remains
to be Native American the coroner shall contact the Native American Heritage
Commission within 24 hours. The Native American Heritage Commission shall identify
the person 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 it 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 representativee rejects the
recommendation of the descendent, and the mediation by the Native American
Heritage Commission fails to provide measures acceptable to the landowner.
23. The applicant shall incorporate the design recommendations from the Earth Systems
Pacific geotechnical report (2013) into the design of the project prior to approval of the
TM 13 -04 Exhibit A
Page 6
improvement plans and Final Map. The recommendations are listed on pages 6
through 14 of the geotechnical engineering report and are included in Appendix B of the
initial study.
24. The following language shall be included on any permits. issued for the project site.
a. Noise generating construction. activities shall be limited to weekdays between 7 AM
and 7 PM and to Saturdays and City holidays between 9 AM and 7 PM. No
construction is allowed on Sundays;
b. All internal combustion engine - driven equipment shall be equipped with mufflers
that are in good condition and appropriate for the equipment, and
c. Stationary noise- generating equipment shall be located as far as possible from the
adjacent residences.
25..Pdor to building permit final, the applicant shall pay the City of. Gilroy Traffic Impact Fee
to contribute toward the transportation improvements identified in the City of Gilroy
Traffic Improvement Program for the Santa Teresa Boulevard/Fitzgerald. Avenue
intersection.
26. Prior to building permit final, the applicant shall pay the City of Gilroy Traffic Impact Fee
to contribute toward the transportation improvements identified in the City of Gilroy
Traffic Improvement Program for the Monterey Road and Fitzgerald Avenue/Masten
Avenue intersection.
27. The applicant shall be responsible for the construction of improvements to correct the
queue deficiency for left-turn movements at the intersection of Santa Teresa Boulevard
and Day Road (east) as identified in the Silveira Residential Subdivision Traffic Impact
Analysis (Hexagon. Transportation Consultants, October 29,. 2013). The improvement
plans will be subject to approval by the City of Gilroy traffic engineer prior to approval of
the final improvement plans and the improvements shall be completed prior to any
building permit final for the project, excluding Model Home permits.
28.. Prior to. building permit final, the Applicant shall pay the City of Gilroy Traffic Impact Fee
to contribute toward the long -range transportation improvements identified. in the City of
Gilroy Traffic Improvement Program for the Santa Teresa Boulevard/Fitzgerald Avenue
intersection.
29. Prior to building permit final, the Applicant shall pay the City of Gilroy Traffic Impact Fee
to contribute toward the long -range transportation improvements identified in the City of
Gilroy Traffic Improvement Program for the Fitzgerald Avenue/Masten Avenue.
intersection.
TM 13 -04 Exhibit A
Page 7
ENGINEERING DIVISION CONDITIONS
30. All work is to be done in compliance with the City of Gilroy Specifications Standards
and Design and is subject to all lawns 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 City Master plan for streets and each utility.
31. Prior to recordation of the final map, the design of detention facilkies, including but not
limited to the detention basin, drainage swrale and storm drain systems shall be
reviewed and approved by the City of Gilroy's Public Works Department. The storm
drain detention basin shall be designed to include natural elements to the satisfaction of
the Planning Manager.
32. Project is subject to post-construction storm water quality requirements per Section 27D
of the Municipal Code. All storm drain run -off must be pre - treated prior to exiting the
site. Pre - treatment measures must be reviewed and approved by the Engineering
Division prior to Final Map and /or improvement plan approval.
33.Any work in the public right- of-way shall require a traffic control plan prepared by a
licensed, professional engineer with experience in preparing such plans. Traffic Control
Plan shall be prepared in accordance with the requirements of the latest edition of the
California Manual on Uniform Traffic Control Devices. The Traffic Control Plan shall be
provided prior to the issuance of a permit for work within the public right -of -way.
34.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
35.A SWPPP and an Erosion Control Plan is required for all development over I acre and
shall be filed with the City.. WDID# shall be provided. prior to Improvement Plan / Final
Map approval.
36. Prior. to Final Map approval,. the developer shall submit an estimate of the probable cost
of improvements, pay all plan check and inspection fees, enter into a property
improvement agreement, and provide payment and performance bonds.
37. Improvement plans are required for all on -site and off -site improvements. Prior to Final
Map approval and approval of the Improvement Plans, the following items will need to
be completed:
a. The developer shall provide joint trench composite plans for the underground
electrical, gas, telephone, cable television, and communication conduitss and cables
including the size, location and details of all trenches, locations of building. utility
TM 13-04 Exhibit A
Page 8
service stubs and meters and placements or arrangements of junction structures as
a part of the Improvement Plan submittals for the project A licensed Civil or
Electrical Engineer shall sign the composite drawings and/or utility improvement
plans. (All dry utilities shall be placed underground.)
b. The developer shall negotiate right- of-way with Pacific Gas and Electric and other
utilities subject to the review and approval by the Engineering Division and the utility
companies.
c. Will Serve Letters' from each utility company for the subdivision shall be supplied
to the City.
d.. The City will collect the plan check and inspection fee for the utility underground
work.
38. 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.
39.The applicant and/or developer shall design all lots to drain to the street for storm
drainage collection unless otherwise approved by the City Engineer. The final drainage
plan shall demonstrate compliance with this requirement
40.Concurrent with the first submittal of the improvement plans and Final Map, the
developer shall submit an 8-1/2 X 11 -inch site plan to the Engineering Division to assign
addressing which shows the following: tract name and number, lot number, street
names, property lines, right- of-way lines, north arrow and curb cuts for driveway..
41.The applicant shall submit Homeowners Association, Conditions, Covenants and
Restrictions and/or property. owner's Maintenance Agreement documents for review
and approval by the Public Works Department, Fin:, and the Planning Division prior to
the Final Map being released for ncordation.
42..The project is subject to the City's Street Tree, Storm, Sewer, Water, Traffic, and Public
Facilities Development Impact Fees. Payment of Street Tree and Storm Development
Impact Fees is required prior to approval of the Final Map. Sewer, Water,. Traffic,. and
Public Facilities Development Impact Fees are due at time of building final.
43.A funding mechanism for landscape maintenance established through the Public Works
Department prior to approval of the Final Map. Frontage road landscaping shall be
funded by the city's Citywide Landscape Community. Facilities District No. 2012-1 (CFD
2012 -1). The developer shall pay the annexation fee and complete the annexation
application to annex into CFD 2012 -1 prior to Final Map approval. A funding
mechanism for in -tract public landscape shall be established prior to approval of the
Final Map and may be funded with the HOA or may annex into CFD 2012 -1.
TM 13 -04 Exhibit A
Page 9
44. Prior to issuance of the building permit,. the applicant and/or developer shall provide a
signing and striping plan subject to review and approval of the City Engineer.
45.The following items shall be included on the Improvement Plans and are subject to
review and approval by the City Engineer.
a. Sanitary sewer laterals and/or water meters located in driveways shall have
traffic rated boxes and lids.
b. Water services shall be 1.5° minimum with T' meter. Service/meter shall
upsized if necessary water pressure is not met.
46. The applicant shall include the final streetlight locations, including streetlights on the
secondary emergency vehicle access, on the Improvement Plans and are subject to
review and approval by the City Traffic Engineer prior to approval of the Improvement
Plans and Final Map.
47.The applicant shall include all required street frontage improvements on the
Improvement Plans subject to the review and approval of the City Engineer.
48. The applicant shall include all required dedications on the Final Map and shall provide a
copy of the filed Final Map to the City Engineer.
49.The permanent street name signs shall be installed immediately after the curb and
gutter construction and paving is complete, prior to construction of any lot
improvements.
50..The developer /contractor shall make accessible any or all City utilities as directed by
the City Engineer.
51. The project contractor shall notify the City at least two (2) worldng 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.
52. During construction, all work shown on the improvement plans shall be inspected by the
City Engineer. Uninspected work shall be removed by the contractor at the
developer's/oontractor's expense, as deemed appropriate by the City Engineer.
53. During construction, the contractor shall implement and follow the Santa Clara Valley
Urban Runoff Pollution Prevention Program's recommended Best Management
Practices (BMP) for construction activities.
TM 13-04 Exhibit A
Page 10
FIRE DEPARTMENT CONDITIONS
54.AII Fire Department related Tentative Map conditions of approval shall be included on
off -site improvement plans as "Fire Department Notes ". Prior to street paving,, the Fire
Marshal shall be contacted and a fire clearance for off -site improvements be scheduled.
No building permits will be issued without a Fire — Off-Sits Improvement Inspection and
Fire Flow Test administered by the Fire Marshal.
55.The applicant and/or developer shall submit a street section and width of driveway
apron with the improvement plans to confirm that the driveway apron meets the
required. turning radius, that the roadway will have the required weight capacity (40,000
Ibs), and that it is suitable for all weather use, subject to review and approval by the Fire
Marshal..
56. Prior to installation, Developer shall obtain a building permit for the proposed security
gate, which shall satisfy the Fire/PD requirements at that time. The gate shall be
installed prior to this issuance of the 30"' building permit final.
57. Removable bollards (that take time to open and can negatively affect response time)
shall not be allowed on the EVA. Bollards shall be alkmW on the EVA only if approved
by the Fire Chief and found to not adversely affect Fire response time or Fire
Department response apparatus/vehicles. The applicant and/or developer shall identify
the EVA interior access controls on the final improvement plans to the satisfaction of
the Fire Marshal.
58. Traffic calming features on interior streets shall be allowed only if approved by the Fire
Chief. and. found. to not adversely affect Fire response time or Fire Department response
apparatus/vehicles. All traffic calming features within project roadways: shall be shown
on the improvement plans submitted with the Final Map, and are subject to the review
and approval of the Fire Chief prior to approval of the Final Map.
59.Offsite improvement plan shall provide Fire Hydrants per the City Standard. Developer
shall install hydrants prior to commencement of construction with combustible
materials.
60. All homes shall be provided with water laterals and meters sized to allow for a
residential NFPA 13d fire sprinkler. system. Offske improvement plan shall provide all
homes with 1:5 inch water laterals and. one -inch meters sized to allow for a residential
NFPA 13d fire sprinkler system. The applicant and/or project developer shall include
these design details on the improvement plans subject to review and. approval of the
Fire Marshal.
61. The applicant shall include the final roadway design on all improvement plans subject to
review and approval of the City Traffic Engineer and Fire Marshal.
TM 13 -04 Exhibit A
Page 11
A. The final EVA design shall provide a minimum 20 feet of unobstructed travel.
B. Vertical clearance of not less than 13.5 ft shall be provided.
C. Turning radius shall not be less than 32' inside.
D. Dead end public streets shall be provided with a cul-de -sac of 78'. diameter.
E. Private dead end streets shall meet one of the Fire Department standard turn
around configurations.
F. Road widths shall be as. follows:
a. Min. 24' with no parking
b. 30 ft to less than 36 ft,. no parking on one side.
C. Greater than 36 ft.,. parking not restricted.
62. Where parking is restricted, it shall be posted with signs for No Parking -Fire Lane and
curbs shall be painted red. Developer shall include such details in Offsite improvement
plans, to the satisfaction of the Fire Marshal..
63. The applicant and/or developer shall request address assignments from the City
Engineering Section prior to improvement plan and building permit issuance. The
developer shall install street signage prior to the construction of specific lot
improvements (foundations or buildings) has begun.
The final project shall be designed in conformance with the exhibit entitled "Day Road
Frontage Improvements Exhibit with Resulting Updated Site Plan ", by RJA, dated
December 12, 2013.
The. applicant shall arrange to complete the stated left turn improvement within the
same timeframe established for the general street improvements. The provision for the
future County Parks Class 1 trail is met, as the proposed street improvements are not
inconsistent with City. and County goals to provide trail access along established Trails
Master Plan corridors (City of Gilroy Trails Master Plan, May, 2005.)
64.The applicant and/or developer as a courtesy, shall submit improvement plans of
County facilities to the County, in acknowledgement of their request for concurrence on.
their Trail access. goals.
SILVEIRA RESIDENTIAL SUBDIVISION
(TM 13-04)
MITIGATION MONITORING PROGRAM
INTRODUCTION
CEQA Guidelines section 15097 requires public agencies to adopt reporting or monitoring
programs when they approve projects subject to an environmental impact report or a negative
declaration that includes mitigation measures to avoid significant adverse environmental effects.
The reporting or monitoring program is to be designed to ensure compliance with conditions of
project approval during project implementation in order to avoid significant adverse
environmental effects.
The law was passed in response to historic non - implementation of mitigation measures
presented in environmental documents and subsequently adopted as conditions of project
approval. In addition, monitoring ensures that mitigation measures are implemented and
thereby provides a mechanism to evaluate the effectiveness of the mitigation measures.
A definitive set of project conditions would include enough detailed information and
enforcement procedures to ensure the measure's compliance. This monitoring program is
designed to provide a mechanism to ensure that mitigation measures and subsequent conditions
of project approval are implemented.
EMC PLANNING GROUP INC. MMP -1
MITIGATION MONITORING PROGRAM
MONITORING PROGRAM
The basis for this monitoring program is the mitigation measures included in the project
mitigated negative declaration. These mitigation measures are designed to eliminate or reduce
significant adverse environmental effects to less than significant levels. These mitigation
measures become conditions of project approval, which the project proponent is required to
complete during and after implementation of the proposed project.
The attached checklist is proposed for monitoring the implementation of the mitigation
measures. This monitoring checklist contains all appropriate mitigation measures in the
mitigated negative declaration.
MONITORING PROGRAM PROCEDURES
The City of Gilroy will use the attached monitoring checklist for the proposed project. The
monitoring program will be implemented as follows:
1. The Gilroy Community Development Department will be responsible for coordination of
the monitoring program, including the monitoring checklist. The Community
Development Department will be responsible for completing the monitoring checklist and
distributing the checklist to the responsible individuals or agencies for their use in
monitoring the mitigation measures.
2. Each responsible individual or agency will then be responsible for determining whether the
mitigation measures contained in the monitoring checklist have been complied with. Once
all mitigation measures have been complied with, the responsible individual or agency
should submit a copy of the monitoring checklist to the Community Development
Department to be placed in the project file. If the mitigation measure has not been
complied with, the monitoring checklist should not be returned to the Community
Development Department.
3. The Gilroy Community Development Department will review the checklist to ensure that
appropriate mitigation measures and additional conditions of project approval included in
the monitoring checklist have been complied with at the appropriate time, e.g. prior to
issuance of a use permit, etc. Compliance with mitigation measures is required for project
approvals.
4. If a responsible individual or agency determines that a non - compliance has occurred, a
written notice should be delivered by certified mail to the project proponent within 10
MMP -2 EMC PLANNING GROUP INC.
SILVEIRA RESIDENTIAL SUBDIVISION
days, with a copy to the Community Development Department, describing the non-
compliance and requiring compliance within a specified period of time. If non - compliance
still exists at the expiration of the specified period of time, construction may be halted and
fines may be imposed at the discretion of the City of Gilroy.
EMC PLANNING GROUP INC. MMP -3
MITIGATION MONITORING PROGRAM
MITIGATION MONITORING CHECKLIST
Step 7 Prior to approval of the final map and final
improvement plans, the following mitigation
measures shall be implemented.-
Mitigation Measure AQ -1
The project applicant shall specify in project plans, the implementation of the following basic
control measures shall be implemented at the construction site:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day.
b. All haul trucks transporting soil, sand, or other loose material off -site shall be covered.
C. All visible mud or dirt track -out onto adjacent public roads shall be removed using wet
power vacuum street sweepers at least once per day. The use of dry power sweeping is
prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, driveways, and sidewalks to be paved shall be completed and building
foundations shall be laid as soon as possible after grading unless seeding or soil binders are
used.
f. Idling times shall be minimised either by shutting equipment off when not in use or
reducing the maximum idling time to 5 minutes (as required by the California airborne
toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]).
Clear signage shall be provided for construction workers at all access points.
g. All construction equipment shall be maintained and properly tuned in accordance with
manufacturer's specifications. All equipment shall be checked by a certified visible
emissions evaluator.
h. Post a publicly visible sign with the telephone number and person to contact at the lead
agency regarding dust complaints. This person shall respond and take corrective action
MMP -4 EMC PLANNING GROUP INC.
SILVEIRA RESIDENTIAL SUBDIVISION
within 48 hours. The Air District's phone number shall also be visible to ensure
compliance with applicable regulations.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Monitoring Notes:
Mitigation Measure GEO -1
The applicant shall incorporate the design recommendations from the Earth Systems Pacific
geotechnical report (2013) into the design of the project prior to approval of the improvement
plans and final map. The recommendations are listed on pages 6 through 14 of the geotechnical
engineering report and are included in Appendix B of the initial study.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring. Gilroy Engineering Division
Monitoring Notes:
Mitigation Measure T -3
The applicant shall be responsible for the construction of improvements to correct the queue
deficiency for left turn movements at the intersection of Santa Teresa Boulevard and Day Road
(east) as identified in the Silveira Residential Subdivision Traffic Impact Analysis (Hexagon
EMC PLANNING GROUP INC. MMP -5
MITIGATION MONITORING PROGRAM
Transportation Consultants). The improvement plans will be subject to approval by the City of
Gilroy traffic engineer prior to approval of the final improvement plans and the improvements
shall be completed prior to any building permit final for the project, excluding Model Home
permits.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring. Gilroy Planning Division, City Trafcc Engineer
Monitoring Notes:
Step 2 Prior to approval of an Architectural and Site
Review application, the following mitigation
measures shall be implemented.
Mitigation Measure AES -1
Subject to the review and approval by the Gilroy Planning Commission, the applicant shall
prepare a landscape plan to provide sufficient vegetation to screen the walls along Day Road and
Cougar Court as viewed from Santa Teresa Boulevard.
The landscape plan shall be implemented prior to issuance of an occupancy permit.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring.• Gilroy Planning Division
Monitoring Notes:
MMP -6 EMC PLANNING GROUP INC.
SILVEIRA RESIDENTIAL SUBDIVISION
Step 3 Prior to the approval of grading and building
permits, the following mitigation measures shall
be implemented.-
Mitigation Measure 610 -1
To avoid potential impacts to nesting birds, noise- generating construction activities and
vegetation removal should be scheduled to take place outside of the nesting bird season
(February 1 to August 31). If construction begins during the nesting season, then a qualified
biologist will conduct a pre- construction survey for nesting birds to ensure that no nests would be
disturbed during project construction. This survey will be conducted no more than seven days
prior to the initiation of disturbance activities during the early part of the nesting season
(February through April) and no more than 30 days prior to the initiation of disturbance
activities during the late part of the nesting season (May through August). If no active nests are
present within 250 feet of construction, then activities can proceed as scheduled. However, if an
active nest is detected during the survey within 250 feet of construction, then the establishment
of a protective construction -free buffer zone from each active nest (typically 250 feet for raptors
and 50 -100 feet for other species) will be clearly delineated or fenced until the juvenile bird(s)
have fledged (left the nest), unless the biologist determines that construction noise would not
impact the active nest.
If pre- construction nesting bird surveys are necessary, based upon the requirements of this
mitigation measure, then a pre - construction survey report shall be prepared prior to
commencement of construction activities, subject to review and approval by the City Planning
Division.
Party Responsible for Implementation: Applicant
Parry Responsible for Monitoring: Gilroy Planning Division
Monitoring Notes:
EMC PLANNING GROUP INC. MMP -7
MITIGATION MONITORING PROGRAM
Mitigation Measure B10 -3
The applicant shall obtain a Habitat Plan permit from the City of Gilroy, prior to issuance of a
grading permit. The permit shall include, but not be limited to, the following conditions:
Condition 3: Maintain Hydrologic Conditions and Protect Water Quality. The proposed project
shall provide Low Impact Development features and employ Best Management Practices to
comply with the Regional Water Quality Control Board storm water management regulations,
including a bio retention open space area and other landscape filtration /infiltration features.
Condition 15: Western Burrowing Owl. In the event that a burrowing owl is inadvertently
discovered on the site at any time prior to or during project construction, the following
mitigation requirements shall be implemented: Development and operations and maintenance
guidelines will ensure that impacts to burrowing owl from covered activities are avoided or
minimized. Species specific surveys shall be conducted during the project planning phase, and
potential impacts to occupied breeding habitat shall be mapped. Preconstruction surveys shall
establish species presence /absence. Project monitoring shall be coordinated with other regional
efforts. Avoidance and minimisation measures, including the establishment of a 250 -foot buffer
zone, shall avoid all nest sites that could be disturbed by project construction throughout the
breeding season (generally February through August). During the non- breeding season, active
burrows shall be avoided by the establishment of a 160 -foot border, and exclusion doors shall be
put in place for 48 hours prior to excavation. All project monitoring shall be conducted by a
qualified biologist.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Monitoring Notes:
Mitigation Measure CR -1
Due to the possibility that significant buried cultural resources might be found during
construction, the following language shall be included on any permits issued for the project site,
MMP -8 EMC PLANNING GROUP INC.
SILVEIRA RESIDENTIAL SUBDIVISION
subject to the review and approval of the Gilroy Planning Division (pursuant to Gilroy General
Plan Policy 5.07):
If archaeological resources are discovered during 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.
Implementation of this mitigation measure would require construction to be halted and
appropriate evaluation and actions be taken should archaeological resources or human remains
be discovered during construction. Implementation of the mitigation measures would reduce
potentially significant impacts associated with significant archaeological resources or human
remains to a less than significant level.
Party Responsible far Implementation: Applicant
Party Responsible for Implementation: Gilroy Planning Division
Monitoring Notes:
Mitigation Measure CR -2
In the event of an accidental discovery or recognition of any human remains in any location
other than a dedicated cemetery, the City shall ensure that the language is included in all permits
in accordance with CEQA Guidelines section 15064.5(e), subject to the review and approval of
the City of Gilroy Planning Division:
If human remains are found during construction there shall be no further excavation or
disturbance of the site or any nearby area reasonably suspected to overlie adjacent human
remains until the coroner of Santa Clara County is contacted to determine that no
investigation of the cause of death is required. If the coroner determines the remains to be
Native American the coroner shall contact the Native American Heritage Commission
within 24 hours. The Native American Heritage Commission shall identify the person or
persons it believes to be the most likely descendent MLD) from the deceased Native
American. The MILD may then make recommendations to the landowner or the person
EMC PLANNING GROUP INC. MMP -9
MITIGATION MONITORING PROGRAM
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 recommendati on of the descendent, and the mediation by the
Native American Heritage Commission fails to provide measures acceptable to the
landowner.
Implementation of this mitigation measure would require construction to be halted and
appropriate evaluation and actions be taken should archaeological resources or human remains
be discovered during construction.
Party Responsible for Implementation: Applicant
Party Responsible for Implementation: Gilroy Planning Division
Monitoring Notes:
Mitigation Measure N -1
Prior to issuance of a grading permit, the following measures shall be incorporated into the
project plans to mitigate construction noise, subject to the review and approval of the City of
Gilroy Engineering and Building divisions:
a. Noise generating construction activities shall be limited to weekdays between 7 AM and 7
PM and to Saturdays and City holidays between 9 AM and 7 PM. No construction is
allowed on Sundays;
b. All internal combustion engine - driven equipment shall be equipped with mufflers that are
in good condition and appropriate for the equipment; and
MMP -10 EMC PLANNING GROUP INC.
SILVEIRA RESIDENTIAL SUBDIVISION
C. Stationary noise - generating equipment shall be located as far as possible from the adjacent
residences.
Parry Responsible for Implementation: Applicant
Party Responsible for Monitoring. Gilroy Engineering Division
Monitoring Notes:
Step 4 During construction, the following mitigation
measures shall be implemented:
Mitigation Measure AQ -1
During construction, the following basic control measures shall be implemented at the
construction site:
1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day.
2. All haul trucks transporting soil, sand, or other loose material off -site shall be covered.
3. All visible mud or dirt track -out onto adjacent public roads shall be removed using wet
power vacuum street sweepers at least once per day. The use of dry power sweeping is
prohibited.
4. All vehicle speeds on unpaved roads shall be limited to 15 mph.
5. All roadways, driveways, and sidewalks to be paved shall be completed and building
foundations shall be laid as soon as possible after grading unless seeding or soil binders are
used.
6. Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to 5 minutes (as required by the California airborne
EMC PLANNING GROUP INC. MMP -I I
MITIGATION MONITORING PROGRAM
toxics control measure Title 13, Section 2485 of California Code of Regulations (CCR]).
Clear signage shall be provided for construction workers at all access points.
7. All construction equipment shall be maintained and properly tuned in accordance with
manufacturer's specifications. All equipment shall be checked by a certified visible
emissions evaluator.
8. Post a publicly visible sign with the telephone number and person to contact at the lead
agency regarding dust complaints. This person shall respond and take corrective action
within 48 hours. The Air District's phone number shall also be visible to ensure
compliance with applicable regulations.
Party Responsible for Implementation: Applicant
Parry Responsible for Monitoring: Gilroy Planning Division
Monitoring Notes:
Mitigation Measure B10 -2
Because the site contains a native tree deemed significant by the City of Gilroy's Consolidated
Landscaping Policy, the project applicant shall fully comply with the measures required by
Section 6 of the Consolidated Landscaping Policy. Prior to removal of any significant tree, the
project applicant shall obtain a tree removal permit, subject to review and approval by the City
Planning Division, and will comply with any tree protection or replacement measures stipulated
by the City.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring. Gilroy Planning Division
Monitoring Notes:
MMP -12 EMC PLANNING GROUP INC.
SILVEIRA RESIDENTIAL SUBDIVISION
Step S Prior to the final approval of the building permit
Mitigation Measure T -1
The applicant shall pay the City of Gilroy Traffic Impact Fee to contribute toward the
transportation improvements identified in the City of Gilroy Traffic Improvement Program for
the Santa Teresa Boulevard /Fitzgerald Avenue intersection.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Monitoring Notes:
Mitigation Measure T -2
The applicant shall pay the City of Gilroy Traffic Impact Fee to contribute toward the
transportation improvements identified in the City of Gilroy Traffic Improvement Program for
the Monterey Road and Fitzgerald Avenue/Masten Avenue intersection.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring. Gilroy Planning Division
Monitoring Notes:
EMC PLANNING GROUP INC. MMP -13
MITIGATION MONITORING PROGRAM
Mitigation Measure T -4
The applicant shall pay the City of Gilroy Traffic Impact Fee to contribute toward the long -
range transportation improvements identified in the City of Gilroy Traffic Improvement
Program for the Santa Teresa Boulevard /Fitzgerald Avenue intersection.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Monitoring Notes:
Mitigation Measure T -5
The applicant shall pay the City of Gilroy Traffic Impact Fee to contribute toward the long -
range transportation improvements identified in the City of Gilroy Traffic Improvement
Program for the Fitzgerald Avenue /Masten Avenue intersection.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring. Gilroy Planning Division
Monitoring Notes:
MMP -14 EMC PLANNING GROUP INC.
SILVEIRA RESIDENTIAL SUBDIVISION
Step 6 Prior to the issuance of occupancy permits, the
following mitigation measures shall be
implemented:
Mitigation Measure AES -1
The applicant shall implement the approved landscape plan to screen the walls along Day Road
and Cougar Court as viewed from Santa Teresa Boulevard, prior to issuance of an occupancy
permit.
Party Responsible far Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Monitoring Notes:
Mitigation Measure T -3
The applicant shall be responsible for the construction of improvements to correct the queue
deficiency for left turn movements at the intersection of Santa Teresa Boulevard and Day Road
(east) as identified in the Silveira Residential Subdivision Traffic Impact Analysis (Hexagon
Transportation Consultants).
The improvement plans will be subject to approval by the City of Gilroy traffic engineer prior to
approval of the final improvement plans and the improvements shall be completed prior to issuance
of any certificate of ocrupancyfor the project.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Monitoring Notes:
EMC PLANNING GROUP INC. MMP -15
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2014 -07 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 27th 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 28th day of January, 2014.
SlMwna Freels, MMC
City Clerk of the City of Gilroy
(Seal)