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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 -1- 4840- 3435 -95760 LAC104706089 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 IPA 48403435- 9576v1 LAC104706089 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 -3- 4840-3435- 9576vl LAC104706089 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 3 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). 4 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 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 2 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: Mosoni 111 Subdivision MMRP 3 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., 4 Mosoni Il! Subdivision MMRP 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 Mosoni Ill Subdivision MMRP 5 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 D Masoni I// Subdivision MMRP 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 Masoni ll/ Subdivision MMRP 7 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 J 3 v� c o- *Z G' 0 rp n 1 G) N O O. W = = = .•. = C Lid = ri i i � in = .'1' i � = w = = Not to SC Ile N Figure 6 Sound Barrier Locations Babbs Creek _ i Babbs• Creek Drive / I 3 10 11 23 1 4 m, 9 12 I ¢ 22 sa •••• 5 __ J ° I . 8 13 I 21 14 I 20 •,•••6 15 19 t = • 1 „ 18 $9 • •, 'u, �r�rd or��o • � - Tee 6 h2 �� •. Q� Receptor Locations a Noise Level (L,,,,) without Proposed Sound Barrier 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 Not to SC Ile N 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)