Resolution 2014-10RESOLUTION NO. 2014-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING A/S -PUD 13 -22, AN APPLICATION
FOR ARCHITECTURAL AND SITE APPROVAL OF THE
MASONI III SUBDIVISION ON APPROXIIMATELY 53 ACRES
LOCATED AT THE TERMINUS OF BABBS CREEK DRIVE,
WEST OF STARLING DRIVE, APN 808 - 20-001, THE JAMES
GROUP
WHEREAS, The James Group submitted application A/S PUD 13 -22 requesting
Architectural & Site review for 23 single - family residential homes and 1.38 acres of public park
and open space ; and
WHEREAS, the subject property is located on the east side of Santa Teresa Boulevard at
the terminus of Babbs Creek Drive, APN 808 -20 -001; and
WHEREAS, the Planning Commission of the City of Gilroy held a duly noticed public
hearing on December 5, 2013, at which time it considered public testimony, the staff report dated
December 5, 2013, the Architectural & Site Review application, and all other documentation
related to A/S PUD 13 -22; and
WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA" ), an
expanded Initial Study was prepared for this site as part of the environmental review of
applications Z 13 -01, A/S PUD 13 -22, and TM 13 -01 for this same property and the City issued
a Mitigated Negative Declaration; and
WHEREAS, the Planning Commission recommended adoption of the Negative
Declaration and approval of A/S PUD 13 -22; and
WHEREAS, the City Council held a duly noticed public hearing on January 6, 2014, and
after consideration of the entire record, adopted the Mitigated Negative Declaration finding that
all potentially significant environmental impacts will be reduced to less than significant levels in
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RESOLUTION NO. 2014-10
conformance with CEQA; 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 1
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.
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 General Plan for this zoning category.
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 dedication of 1.38 acres
for the extension of the Babbs Creek Preserve and trail.
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 to minimize these or other adverse effects on
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RESOLUTION NO. 2014-10
surrounding areas; and
9. The project provides adequate access, parking, landscaping, trash areas and
storage, as necessary.
SECTION II
Application A/S -PUD 13 -22 is hereby approved subject to the conditions of approval set
forth in Exhibit "A" attached hereto and entitled "A/S PUD 13 -22 Masoni III Subdivision Final
Conditions of Approval," and subject to the Mitigation Measures in the Mitigated Negative
Declaration hereby adopts 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 -09
takes effect approving Tentative Map application TM 13 -01. If said Resolution does not take
effect, then this Resolution shall be null and void without further action by the City Council, and
application A/S PUD 13 -22 shall be deemed denied.
PASSED AND ADOPTED this 3`d day of February, 2014, by the following roll call vote:
AYES: COUNCILMEMBERS:
WOODWARD and GAGE
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST:
n n
awna Freels, City Clerk
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AULMAN, LEROE- MUNOZ,
BRACCO,TUCKER
IIJ
APPROVED:
Donald Gage, Mayor
RESOLUTION NO. 2014-10
Architecture & Site Approval (AS /PUD 13 -22) Final Conditions
Planning Conditions
1. Except for Lots 1 and 2, fence locations for Plan 3 and 4 homes shall not extend closer
to the side property line than the building along the side elevations on which the front
door is located. For Lots 3, 10, 11 and 23, such side elevation is located along Babbs
Creek Drive. For Lots 5, 6, 15 and 16, such side elevation faces Santa Teresa
Boulevard.
2. To eliminate unnecessary approvals for deviations, the homes on lots 3, 10, 11 and 23
shall be designed to have adequate setback from the street sideyard. The Code -
required setback distance shall be shown on the revised site plans required prior to
scheduling for City Council hearing.
3. The front setbacks for the homes on lots 3, 7, 9, 13, and 16 through 23 shall be 26 feet.
4. The project is subject to the following requirements of Residential Development
Ordinance, Municipal Code section 30.50.60 (b) (2) I., "RDO Interim Exemption for
Projects on Properties Without Previously- Awarded Allocations.":
A. All necessary discretionary planning approvals for the project, including a request
for Performance Agreement approval, must be submitted and deemed complete
for processing no later than April 3, 2014.
B. All discretionary Planning approvals for the project, including performance
agreement approval, must be obtained within one year of the determination that
the project is complete for processing, which occurred on October 28, 2013.
C. The project must receive final map approval within six months of approval of the
last discretionary planning application.
5. The applicant shall dedicate to the City 1.38 acres for the extension of the Babbs
Creek Park Preserve and trail.
6. The applicant shall install a play area and linear park onsite along Santa Teresa
Boulevard. This will be shown on construction plans.
7. The applicant shall plant and maintain at least four (4) specimen size (60 -inch box)
oak trees that will provide mature landscaping and shade onsite. These shall be
included in the landscaping plans, prior to installation of landscaping.
8. The applicant shall construct all homes with photovoltaic solar systems to provide
the majority of required power for each home. These shall be shown on the building
and construction plans.
9. The project shall include the following amenities, to satisfy the requirements of
Municipal Code Section 26.10, regarding provision of amenities in Planned Unit
Development projects:
A. Applicant shall design and install completion of the sidewalk on Oak Brook Way
frontage of Babbs Creek Park Preserve, to where it will connect with Greenfield
Drive improvements to be installed by Glen Loma Ranch. Such design and
installation shall be to the satisfaction of the Public Works Director.
B. Applicant shall design and install the sidewalk/trail connection required from the
new cul-de -sac terminus at Babbs Creek, through the Babbs Creek Park
Preserve property to connect with the future Class 1 Trail along Santa Teresa
Boulevard. Such design and installation shall be to the satisfaction of the Public
Works Director.
C. Consistent with the City's Trail Master Plan, this project is required to construct
that portion of the Santa Teresa Boulevard Class 1 Trail to the satisfaction of the
Public Works Director. Should the adjacent Glen Loma Ranch project provide
the anticipated improvements for this Class I Trail, this project applicant shall
contribute $45,000 towards installation of landscaping consisting of drought
tolerant low- growth shrubs along with ground cover material, and irrigation
systems as outlined in the Public Works Standards for project frontages.
10. The project shall comply with all relevant provisions of the Santa Clara Valley Habitat
Conservation Plan.
11. The front setback of the house on Lot 5 shall be increased to 18 feet, with the rear
yard decreased the equivalent amount.
12. Floor Plans and Elevations
A. Side elevations of Plans 3 and 4 houses on lots 3, 10, 11 and 23, that face
Babbs Creek Drive, shall have enhanced design, consisting of additional
wainscot stone veneer or other design to the satisfaction of the Planning
Manager, to be approved prior to approval of Building Permit for those lots.
B. Side elevations of Plans 3 and 4 houses on lots 5, 6, 15 and 16, that face
Santa Teresa Boulevard, shall have enhanced design, consisting of
additional wainscot stone veneer or other design to the satisfaction of the
Planning Manager, to be approved prior to approval of Building Permit for
those lots.
C. House Plan 2 — floor plan (pg. A -5) - delete optional fireplace in side setback.
(pg. A-6) - delete patio cover that extends into side setback.
D. The Covered Patio at rear of all Plan 2 houses must be minimum 10'-0 from
rear property line.
13. Landscape Plans
A. Page L -1 — show location of each type of fence. Incorporate acoustic wood
fence design and locations per sound study included in Initial Study.
B. Page L -1 Tublular steel or iron fence shall be located along Santa Teresa
Blvd., except where acoustic fence is required. Delete reference to berm
along Santa Teresa Blvd
C. Page L -2 — Show size for all landscape materials.
D. Page L -3 —.Iron fence shall be minimum of 6 " -0 high.
E. Page L -3 - Add acoustic fence design per Initial Study sound study.
14. The landscaping plans must include street trees in the public right -of -way,
consistent with the planting specifications of the Community Services Department
15. The Final Landscaping plans including specifications for an irrigation system shall
be approved by the Planning Director in accordance with the adopted
Consolidated Landscaping Policy, 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.
16. The exterior lighting for all common areas of the project shall be approved by the
Police Department and Planning Manager prior to approval of the Final Map. No
unobstructed beam of exterior lighting shall be directed outward from the site
toward any residential use or public right -of -way.
17. Show all switch gear and transformers proposed for this location, if any. Switch
gear and transformers must be placed underground unless you receive a specific
exemption from the Engineering Division. All switch gear and transformers that
are permitted above ground must be screened via a screen wall and landscaping.
Provide a detail showing how you will treat the transformers and switch gear (if
any).
18. Exterior Lighting: Mechanical Appurtenances: Mechanical equipment to be located
on the roof of a building shall be screened by an architectural feature of the
building such that it cannot be seen from ground level at the far side of the
adjacent public right -of -way, whenever possible.
19. Outdoor Storage: All outdoor storage and loading areas must be screened from
public view with a combination of landscaping, solid fencing and building design
and orientation.
20. The project shall comply with the State Model Landscape Conservation
Ordinance, to be approved by the City engineer prior to issuance of Building
Permits.
21. In the event of an accidental discovery or recognition of any human remains, the
City shall ensure that this language is included in all permits in accordance with
CEQA Guidelines section 15064.5(e): "If human remains are found during
construction there shall be no further excavation or disturbance of the site or any
nearby area reasonably suspected to overlie adjacent human remains until the
Gilroy Police Department contacts the coroner of Santa Clara County to determine
that no investigation of the cause of death is required. If the coroner determines
the remains to be Native American the coroner shall contact the Native American
Heritage Commission within 24 hours. The Native American Heritage Commission
shall identify the person or persons it believes to be the most likely descendent
(MLD) from the deceased Native American. The MLD may then make
recommendations to the landowner or the person responsible for the excavation
work, for means of treating or disposing of, with appropriate dignity, the human
remains and associated grave goods as provided in Public Resources Code
Section 5097.98. The landowner or his authorized representative shall rebury the
Native American human remains and associated grave goods with appropriate
dignity on the property in a location not subject to further disturbance if: a) the
Native American Heritage Commission is unable to identify a MLD or the MLD
failed to make a recommendation within 24 hours after being notified by the
commission; b) the descendent identified fails to make a recommendation; or c)
the landowner or his authorized representative rejects the recommendation of the
descendent, and the mediation by the Native American Heritage Commission fails
to provide measures acceptable to the landowner."
22. With the exception of lots that received an exemption from the application of the
City's Residential Development Ordinance (RDO) (City Zoning Ordinance Sections
50.60 et seq.), no building permit shall be issued in connection with this project if
the owner or developer of such development (i) is not in compliance with the RDO,
any conditions of approval issued in connection with such development, or other
City requirements applicable to such development; or (ii) is in default under any
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agreement entered into with the City in connection with such development
pursuant to the RDO.
23. 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.
24. Fences and walls shall not be located directly against any sidewalks. Landscaping
shall be provided between all walls/fences and proposed pedestrian walks. The
details of such wall /fence and landscaping placement shall be provided by the
applicant at the time of building permit submittal, and shall be to the satisfaction of the
Planning Manager.
25. Mitigation Measures
The project shall comply with all mitigation measures contained in the Mitigated
Negative Declaration entitled Masoni III Subdivision Rezone, Tentative Map,and
Architectural Review, dated October, 2013.
26. Each unit shall be provided with a concrete pad located behind the curb for
placement of garbage cans.
27. The roof material for all units shall be concrete tile, and can include varying
designs, as appropriate for the building design,
28. Prepare a plan to revegetate the area adjacent to Babbs Creek with the type and
extent of native plant species existing in the more established riparian areas further
downstream between the project site and Thomas Road. The plan shall include a
three -year irrigation and maintenance program to ensure the successful
establishment of the new vegetation, to be completed prior to issuance of Final
Map.
Fire Marshal Conditions
1. 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).
2. All residential structures shall be provided with residential fire sprinklers including
detached garages. City standards include
a. System to comply with NFPA 13D (2010 ed.) 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, approved fire sprinkler
piping shall be used in the supply, it shall not be less than 1.5 inches.
d. Enclosed Garages shall be provided with sprinkler protection.
e. At least 1 sprinkler of each type shall be present in the spare head box at final.
f. A bell/horn shall be installed on the exterior of the home on the bedroom side
and a horn shall be provided for the interior living space .
g. A pilot head shall be provided in attic space above each access panel and at any
furnace unit.
h. Sprinkler coverage shall be provided underneath stairwells when used as
storage, closets or bathrooms (even if less than 55 sq ft).
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i. Each attic access opening shall be provided with sprinkler coverage at the point
of access.
j. Have approved, stamped plans on site and maintain permit card on site.
k. Submit an electronic version of the plans prior to final inspection (PDF by email
is preferred).
3. An address shall be provided at building permit submittal. Building / House numbers
shall be clearly 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 from
the ground.
4. Chimneys shall have spark arrestors installed. No permanent outdoor, wood -fired
fireplaces /pits are allowed. Trees and tree branches shall not be within 10 ft of a
chimney.
5. Egress Windows shall be provided on all sleeping rooms. A room that does not
have a clearly defined use as a kitchen, closet, dining room, living /family room or
study shall be considered a bedroom. Studies/libraries with closets shall be treated
as bedrooms. Storage rooms that are provided with windows, and electrical outlets
and are greater than 50 square feet may also be considered bedrooms if attached to
a dwelling unit.
Masoni III Subdivision Project
Mitigation Monitoring and Reporting Program (MMRP)
Introduction
CEQA Guidelines Section 15097 requires public agencies to adopt reporting or
monitoring programs whenever they approve projects subject to an environmental
impact report or mitigated 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.
This 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 effectiveness of the
mitigation measures.
A definitive set of project conditions would include enough detailed information and
enforcement procedures to ensure the measures compliance. This monitoring program is
designed to provide a mechanism to ensure that mitigation measures and subsequent
conditions of project approval are implemented.
Monitoring and Reporting Program
The basis for this monitoring and reporting 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 shall use the attached monitoring checklist for the proposed project.
The monitoring program should be implemented as follows:
1. The City of Gilroy Community Development Department should be responsible
for coordination of the monitoring program, including the monitoring checklist.
Masoni 111 Subdivision
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City of Gilroy
December 2013
The Community Development Department should be responsible for completing
the monitoring checklist and distributing the checklist to the responsible
individuals or agencies for 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 City of 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 determined that non - compliance has
occurred, a written notice should be delivered by certified mail to the project
proponent within ten 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.
City of Gilroy
December 2013
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Mosoni ll/ Subdivision
MMRP
Masoni IN Subdivision Project
Mitigation Monitoring and Reporting Checklist
The following mitigation measures shall be implemented prior to issuance of
architectural and site approval:
MM 1 -1 The Architectural and Site Approval plans shall include a detailed
landscaping plan (individually or as part of the Design Review submittal)
that identifies setbacks, landscaping, and design features (including
lighting) that are appropriate to preserve and enhance the visual
appearance of Santa Teresa Boulevard and demonstrates compliance with
the City's landscape and design requirements (including General Plan
Policies 26.04 and 26.05, Action Item 1.H, the Consolidated Landscaping
Policy) and the State Scenic Highway Standards). Plans shall identify
materials and design features that are consistent with, and "blend in" with,
the features currently developed at the gateway entrance along Santa
Teresa Boulevard. Any necessary sound attenuation features shall be no
higher than 7 feet and require landscaping consistent with the
Consolidated Landscaping Policy.
Party responsible for implementation: Applicant
Party responsible for monitoring: City of Gilroy Planning Division
The following mitigation measures shall be implemented prior to issuance of a
demolition permit:
MM 4 -3 Prior to demolition activities, the project applicant shall retain a qualified
biologist to conduct surveys for the presence of bat species. Any
structures being used by bats will not be removed until it has been
determined that bats are no longer using the site or until demolition can
be carried out without harming any bats.
Party responsible for implementation: Applicant, Qualified Biologist
Party responsible for monitoring: City of Gilroy Planning Division
The following mitigation measures shall be implemented prior to issuance of a grading
permit:
MM 3 -1 Prior to the issuance of grading or building permits, the City of Gilroy shall
ensure that the BAAQMD's basic construction mitigation measures from
Table 8 -1 of the BAAQMD CEQA Guidelines are noted on the construction
documents. These basic construction mitigation measures include the
following:
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MMRP
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City of Gilroy
December 2013
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 miles per
hour (mph).
5. All roadways, driveways, and sidewalks to be paved shall be
completed as soon as possible. Building pads shall be laid as soon as
possible after grading unless seeding or soil binders are used.
6. All construction equipment shall be maintained and properly tuned in
accordance with manufacturers' specifications. All equipment shall be
checked by a certified mechanic and determined to be running in
proper condition prior to operation.
7. A publicly visible sign shall be posted 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
Party responsible for monitoring: City of Gilroy Building Division
MM 3 -2 The project applicant shall implement the following measures in order to
reduce the emissions of toxic pollutants generated by heavy -duty diesel -
powered equipment during construction. 1. Keep all construction
equipment in proper tune in accordance with manufacturers'
specifications.
City of Gilroy
December 2013
2. Use late -model heavy -duty diesel - powered equipment during
construction to the extent that it is readily available in the San Francisco
Bay Area. 3. Use diesel - powered equipment that has been retrofitted with
after - treatment products (e.g., engine catalysts) to the extent that it is
readily available in the San Francisco Bay Area.
4. Use low- emission diesel fuel for all heavy -duty diesel - powered
equipment operating and refueling at construction sites to the extent that
it is readily available and cost effective in the San Francisco Bay Area. (This
requirement does not apply to diesel- powered trucks traveling to and
from the site.) 5. Utilize alternative -fuel construction equipment (i.e.,
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Mosoni Il! Subdivision
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compressed natural gas, liquid petroleum gas, and unleaded gasoline) to
the extent that it is readily available and cost effective in the San Francisco
Bay Area. 6. Limit truck and equipment idling time to 2 minutes or less.
Clear signage shall be provided for construction workers at all access
points. 7. Rely on the electricity infrastructure surrounding the
construction site rather than electrical generators powered by internal
combustion engines to the extent feasible. Party responsible for
implementation: Applicant Party responsible for monitoring: City of Gilroy
Building Division
MM 4 -1 Prior to issuance of a grading permit for any vegetation removal or
ground- disturbing activities, the project applicant shall meet all of the
applicable avoidance and minimization measures of the Santa Clara
Valley Habitat Plan, submit plan- required mitigation fees, and receive a
Habitat Plan Permit from the City of Gilroy. If all required mitigation
measures can be accomplished, no other mitigation is required.
Party responsible for implementation: Applicant
Party responsible for monitoring: City of Gilroy Planning Division
MM 4 -2 If clearing and /or construction activities will occur during the migratory
bird nesting season (April 15— August 15) or raptor nesting season
(January 15- August 15), the project applicant shall retain a qualified
biologist to conduct preconstruction surveys to identify active nests within
14 days of construction initiation. Focused surveys must be performed by
a qualified biologist for the purposes of determining presence /absence of
active nest sites within the proposed impact area, including construction
access routes.
If active migratory bird nest sites are identified within 200 feet of project
activities or active raptor bird nest sites are identified within 500 feet of
project activities, the project applicant shall impose a limited operating
period (LOP) for all active nest sites prior to commencement of any
project construction activities to avoid construction- or access - related
disturbances to migratory bird nesting activities. An LOP constitutes a
period during which project- related activities (i.e., vegetation removal,
earth moving, and construction) will not occur and will be imposed within
250 feet of any active nest sites until the nest is deemed inactive. Activities
permitted within and the size (i.e., 250 feet) of LOPS may be adjusted
through consultation with the CDFW and /or the City.
Party responsible for implementation: Applicant, Qualified Biologist
Party responsible for monitoring: City of Gilroy Planning Division
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City of Gilroy
December 2013
MM 5 -1 Due to the possibility that significant buried archaeological .and /or
paleontological resources might be found during construction, the
following language shall be included on any permits issued for the project
site, including, but not limited to, building permits for future
development, subject to the review and approval of the City of Gilroy
Planning Division.
If archeological and /or paleontological resources or human remains are
discovered during construction, work shall be halted within 50 meters
(165 feet) of the find until a qualified professional archeologist can
evaluate it If the find is determined to be significant, appropriate
mitigation measures shall be formulated and implemented (General
Plan Policy 5.07).
Party responsible for implementation: Applicant, Contractor
Party responsible for monitoring: City of Gilroy Planning Division
MM 5 -2 Prior to issuance of a building and /or grading permit, the City shall ensure
that language is included in all permits in accordance with CEQA
Guidelines Section 15065.5(e), subject to the review and approval of the
City of Gilroy Planning Department:
City of Gilroy
December 2013
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 descendant (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 for 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
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Masoni I// Subdivision
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the Native American Heritage Commission fails to provide measures
acceptable to the landowner.
Party responsible for implementation: Applicant, Contractor
Party responsible for monitoring: City of Gilroy Planning Division
MM 6 -1 Prior to issuance of a grading permit, the final construction plans shall be
designed in accordance with the recommendations of the Geotechnical
Engineering Report prepared by Earth Systems Pacific in April 2013
(Appendix D). These recommendations include, but are not limited to,
designing the project in accordance with the seismic design parameters
per Chapter 16 of the California Building Code (2010 Edition).
Party responsible for implementation: Applicant
Party responsible for monitoring: City of Gilroy Building Division
MM 7 -1 Prior to issuance of grading or building permits, the project applicant shall
specify on the final project plans implementation of BAAQMD-
recommended construction- related measures to reduce greenhouse gas
(GHG) emissions during construction activities. These measures include, as
feasible:
1. Use alternative - fueled (i.e., biodiesel, electric) construction vehicles
and equipment to the maximum extent possible.
2. Use local construction materials (within 100 miles) to the maximum
extent possible.
Party responsible for implementation: Applicant
Party responsible for monitoring: City of Gilroy Planning Division
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City of Gilroy
December 2013
The following mitigation measures shall be implemented prior to issuance of a building
permit.
MM 12 -1a Incorporate a sound barrier along the rear -yard areas Lots #1, #2, and #5
as shown in Figure 6. The barrier shall extend along the western
boundary of Lot #1 a minimum distance of 50 feet from the southern
property line. The sound barrier should be constructed to a minimum
height of 6 feet above the proposed residential pad elevation, but not
exceed 7 feet. The sound barrier shall be constructed of masonry block,
wood, or material of similar density and usage, with no visible air gaps
along the barrier alignment or at the base of the barrier. Materials
selected shall meet a minimum combined surface weight of 2.5 pounds
per square foot. If wood barriers are used construction techniques shall be
employed to prevent future air gaps from occurring due to weathering
and material shrinkage. Such methods may include the use of overlapping
panels, board and batten, or tongue- and -grove techniques. To minimize
aesthetic impacts, the sound barrier shall be constructed of an earthen
berm /wall combination and include landscape to buffer and screen the
wall and protect it against potential graffiti, consistent with the City of
Gilroy's Consolidated Landscaping Ordinance.
Party responsible for implementation: Applicant, Contractor
Party responsible for monitoring: City of Gilroy Planning Division
MM 12 -1b Prior to final plan approval, the City shall require that the project applicant
incorporate into the project design installation of mechanical ventilation
or central heating, air conditioning, and ventilation (HVAC) systems.
City of Gilroy
December 2013
Party responsible for implementation: Applicant
Party responsible for monitoring: City of Gilroy Planning Division
8
Mosoni Ill Subdivision
MMRP
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Figure 6
Sound Barrier Locations
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Recommended Sound Barrier - Minimum Height 6 Feet Noise Level (L,o-) with Proposed Sound Barrier
..... Predicted 60 dBA Lj„ Traffic Noise Contour
Noise Impact Assessment AMBIENT Air Qualify & Noise Consulting
Mosoni III Subdivision Project, Gilroy, CA 10 September 2013
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Figure 6
Sound Barrier Locations
The following mitigation measures shall be implemented during construction.
MM 3 -2 The project applicant shall implement the following measures in order to
reduce the emissions of toxic pollutants generated by heavy -duty diesel -
powered equipment during construction.
1. Keep all construction equipment in proper tune in accordance with
manufacturers' specifications.
2. Use late -model heavy -duty diesel - powered equipment during
construction to the extent that it is readily available in the San
Francisco Bay Area.
3. Use diesel - powered equipment that has been retrofitted with after -
treatment products (e.g., engine catalysts) to the extent that it is
readily available in the San Francisco Bay Area.
City of Gilroy
December 2013
4. Use low- emission diesel fuel for all heavy -duty diesel - powered
equipment operating and refueling at construction sites to the extent
that it is readily available and cost effective in the San Francisco Bay
Area. (This requirement does not apply to diesel - powered trucks
traveling to and from the site.)
5. Utilize alternative -fuel construction equipment (i.e., compressed
natural gas, liquid petroleum gas, and unleaded gasoline) to the
extent that it is readily available and cost effective in the San Francisco
Bay Area.
6. Limit truck and equipment idling time to 2 minutes or less. Clear
signage shall be provided for construction workers at all access points.
7. Rely on the electricity infrastructure surrounding the construction site
rather than electrical generators powered by internal combustion
engines to the extent feasible.
Party responsible for implementation: Applicant
Party responsible for monitoring: City of Gilroy Building Division
10
Mosoni Ill Subdivision
MMRP
Masoni III Subdivision Project
Mitigation Monitoring and Reporting Program (MMRP)
Introduction
CEQA Guidelines Section 15097 requires public agencies to adopt reporting or
monitoring programs whenever they approve projects subject to an environmental
impact report or mitigated 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.
This 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 effectiveness of the
mitigation measures.
A definitive set of project conditions would include enough detailed information and
enforcement procedures to ensure the measures compliance. This monitoring program is
designed to provide a mechanism to ensure that mitigation measures and subsequent
conditions of project approval are implemented.
Monitoring and Reporting Program
The basis for this monitoring and reporting 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 shall use the attached monitoring checklist for the proposed project.
The monitoring program should be implemented as follows:
1. The City of Gilroy Community Development Department should be responsible
for coordination of the monitoring program, including the monitoring checklist.
Mosoni 111 Subdivision
MMRP
1
City of Gilroy
December 2013
The Community Development Department should be responsible for completing
the monitoring checklist and distributing the checklist to the responsible
individuals or agencies for 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 City of 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 determined that non- compliance has
occurred, a written notice should be delivered by certified mail to the project
proponent within ten 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.
City of Gilroy
December 2013
0
Masoni Ill Subdivision
MMRP
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2014 -10 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 3`d day of February, 2014, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and axed the Official Seal of
the City of Gilroy this 4th day of February, 2014.
rna Freels, MMC `"
Clerk of the City of Gilroy
(Seal)