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Resolution 2014-09I RESOLUTION NO. 2014-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 13 -01, A TENTATIVE MAP CREATING 23 SINGLE- FAMILY RESIDENTIAL LOTS, AND 1.38 ACRES OF PUBLIC OPEN SPACE IN THE BABBS CREEK PARK PRESERVE LOCATED ON THE EAST SIDE OF SANTA TERESA BOULEVARD AT THE TERMINUS OF BABBS CREEK DRIVE, APNS 808 -20 -001, APPLICANT, THE JAMES GROUP. WHEREAS, The James Group submitted application TM 13 -01 requesting a tentative map to subdivide an approximate 5.3 -acre site into 23 single - family residential lots 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, West of Starling Drive; 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 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, 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 conformance with CEQA; and 4851 - 2841- 756OVI RESOLUTION NO. 2014-09 MVAKHARIA104706089 2 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: A. The City Council hereby adopts the findings based upon substantial evidence in the record as summarized below: 1. The proposed tentative map is generally consistent with the intent of the goals and policies of the City's General Plan. 2. The proposed development is consistent with the Zoning Ordinance and the City's Subdivision and Land Development Code, and the State Subdivision Map Act. 3. Public utilities and infrastructure improvements needed in order to serve the proposed project are in close proximity. 4. There is no substantial evidence that there will be significant unmitigated environmental impacts as a result of this project. All impacts are mitigated to less than significant. 5. There are no facts to support the findings requiring denial of the proposed tentative map under California Government Code section 66474. B. Application TM 13 -01 should be and is hereby approved, subject to the conditions of approval set forth in Exhibit A attached hereto and entitled, "Final Conditions of Approval TM 13 -01," and subject to the CEQA mitigation measures and the Mitigation Monitoring Reporting Program attached hereto as Exhibit `B." 4W- M -75WO RESOLUTION NO. 2014-09 MVAIa1ARIAW706089 PASSED AND ADOPTED this 3`d day of February, 2014, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AULMAN, BRACCO, LEROE- MUNOZ, TUCKER, WOODWARD and GAGE NONE ARELLANO APPROVED: Donald Gage, Mayor 4851- 2841- 7560v1 RESOLUTION NO. 2014-09 MVAKHARIA104706089 Tentative Map (TM 13 -01) Final Conditions Planning Division Conditions 1. The project shall conform to the plans prepared by Hanna - Brunetti Civil Engineers, entitled Tentative Map for Masoni III Subdivision dated May 21, 2013, last revised, October, 2013 and the brochure entitled Masoni III In Gilroy, CA Arch and Site Submittal, September 9, 2013, as revised by the following conditions. 2. 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. 3. 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. Complete 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. b. Complete a sidewalk/trail connection from the end of the Babbs Creek cul -de- sac, through the Park Preserve property to connect with the future Class 1 Trail along Santa Teresa Boulevard Class 1 Trail. c. Contribute $45,000 towards installation of landscaping consisting of drought tolerant low- growth shrubs along with ground cover material, and irrigation system as outlined in the Public Works Standards for project frontages. As an alternative the applicant may conduct the work to install the landscaping, per City Standards. 4. The project shall comply with all relevant provisions of the Santa Clara Valley Habitat Conservation Plan. 5. The project Covenants, Conditions and Restrictions (CC&R's) shall have a requirement prohibiting parking in all areas so designated by the Fire Marshall. 6. The Homeowner's Association shall contract with a private towing company to remove cars violating any parking restrictions. 7. The Tentative Map shall specify the ownership and maintenance responsibility for Parcels A, B and C. 8. 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 TM 13 -01 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." 9. 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. 10. The developer shall submit a copy of the Conditions, Covenants and Restrictions to the Planning Division for approval prior to submittal of the Final Map. Homeowners' Association documentation, Conditions, Covenants and Restrictions and /or property owner's Maintenance Agreements shall be approved by the Planning Division prior to the map being released for recordation. 11. With the exception of lots that received an exemption from the application of the City's Residential Development Ordinance (RDO) (City Zoning Ordinance Sections 50.60 et seq.), no building permit shall be issued in connection with this project if the owner or developer of such development (i) is not in compliance with the RDO, any conditions of approval issued in connection with such development, or other City requirements applicable to such development; or (ii) is in default under any agreement entered into with the City in connection with such development pursuant to the RDO. 12. 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, and attached as Exhibit 1. P) TM 13 -01 Public Works Conditions 1. Sidewalks shall be 5 feet wide per City Standard. 2. Indicate all proposed trees, streetlights, fire hydrants, utility boxes, mailboxes, and provide a 4 -foot minimum clearance /path of travel around objects. 3. Signing and Striping Plan a. Provide signing and striping plan. b. Signing and striping plans shall be prepared in accordance with latest edition of the California Manual on Uniform Traffic Control Devices (CA MUTCD 2012). Plans shall be prepared by a California - licensed Professional Engineer with experience in preparing signing and striping. c. Submit striping and signage plan overlaid on existing, current aerial. Show proposed striping and how it conforms to existing striping, signing, and other traffic control devices in the area. 4. Street Lights a. Install street lights according to the most current street light design standards. For local streets, collector streets and industrial use Holophane street lights and poles. b. Street lights shall be located a minimum of 10 feet from the edge of driveways. 5. All storm drain run-off must be pre - treated prior to entrance into public storm drain system. Pre - treatment measures must be reviewed and approved by the Engineering Division prior to Final Map and /or Improvement Plan approval. 6. Any work in the public right -of -way shall require and 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 included the Architectural and Site Plans /Improvement Plans. 7. 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 8. A SWPPP and an Erosion Control Plan is required for all development over 1 acre and shall be filed with the City. WDID# shall be provided prior to Improvement Plan / Final Map approval. 9. All retaining walls shall be masonry and shall be a modular system and /or cast in place concrete with a decorative surfacing. All site retaining walls are subject to the review and approval of the Planning, Building, and Engineering Divisions. Wood retaining walls shall not be permitted. 10. All temporary roads or detours shall have temporary asphalt paving unless otherwise approved by the City Engineer in writing. 11. A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. 3 TM 13-01 12. Location of monuments shall be tied out prior to work. Any City monument damaged, displaced or destroyed shall be replaced at the developer's sole expense. 13. 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. 14. 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 conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. A licensed Civil or Electrical Engineer shall sign the composite drawings and /or utility improvement plans. (All dry utilities shall be placed underground.) 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. 15. A current Title Report shall be submitted for review to the City prior to Final map approval. 16. 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. 17. All lots shall drain to the street for storm drainage unless otherwise approved by the City Engineer. 18. Submit a Hazardous Material clearance for any underground tank removal from the appropriate agency. 19. Storm and sewer lines in private streets shall be privately maintained unless approved by the City Engineer in writing. 20. Within 30 days of the tentative map approval, 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. 21. The permanent street name sign shall be installed immediately after the curb and gutter construction is complete. 22. As part of the first submittal for Final Map, the developer shall submit vector based electronic files readable by AutoCAD. 4 TM 13-01 23. A Final Map with all required dedications shall be filed with the Santa Clara County Recorder's Office with a copy transmitted to the City. 24. The developer shall negotiate right -of -way with Pacific Gas and Electric and other utilities subject to the review and approval by the Public Works Department and the utility companies. 25. If creating a Homeowners Association, Conditions, Covenants and Restrictions and /or property owner's Maintenance Agreement for maintenance of infrastructure or other facilities, the document shall be reviewed and approved by the Engineering, Fire and Planning Divisions prior to the Final Map being released for recordation. 26. All mitigation measures as identified in the Mitigated Negative Declaration are applicable to the project and must be adhered to and implemented. 27. 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 permit. 28. Prior to approval of the final map, applicant shall provide a Storm Water Runoff Management Plan showing how low impact development measures are incorporated into the project design, including treatment control BMPs and post- construction peak runoff management, and provide an HOA maintenance agreement for the long term maintenance requirements of any structural BMPs, or other funding source and maintenance mechanism as approved by the City Engineer (Muni Code 27.1)). 29. Applicant shall provide funding mechanism for maintenance of open space, storm water quality treatment basins, private streets and private utilities. 30. The developer shall implement and follow the Santa Clara Valley Urban Runoff Pollution Prevention Program's recommended Best Management Practices (BMP) for construction activities. 31. Projects receiving approval after March 6, 2014 will be subject to post - construction water quality requirements per CCRWQCB, Resolution 2012 -0032, additional low impact development design, storm water quality treatment, storm water retention, and post - construction peak flow management requirements will apply to the project. 32. If access to adjacent property, will be necessary to construct proposed improvements, a letter granting access will be required prior to Final Map approval. 33. Sanitary sewer laterals and /or water meters located in driveways shall have traffic rated boxes and lids. 34. Water services shall be 1.5" inch minimum with I" meter. 35. Any wells and /or septic system shall be removed per Santa Clara County Health Department. 36. Install street lights according to the most current street light design standards. For local streets, collector streets and industrial use Holophane street lights and poles. 37. Grading shall be such that is does not create any adverse impacts to neighboring properties. 5 TM 13-01 38. Public waterlines in private streets shall be contained within a public service easement. 39. Storm and sewer lines in private streets shall be privately maintained by Home Owner Association unless approved by the City Engineer in writing. 40. Lowest finished floor elevation shall be 1' minimum above high water point or FIRM base flood elevation, whichever is greater. 41. Grading shall be such that is does not create any adverse impacts to neighboring properties, provide typical sections at all property boundaries. Fire Marshall Conditions 1. Add a Fire Hydrant to Court B at Lot #5. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure. Street Hydrants shall be spaced every 300 ft., and within 150 ft. of any building. Off site improvement plan shall provide Fire Hydrants per the City Standard. Hydrants shall be installed prior to commencement of construction with combustible materials. A hydrant flow test shall be performed by Fire Marshal prior to possession by the water department. 2. All homes shall be provided with water laterals and meters sized to allow for a residential NFPA 13d fire sprinkler system. Off site improvement plan shall provide all homes shall be provided with 1.5 inch water laterals and minimum 1" meters. Meters shall be sized to allow for a residential NFPA 13d fire sprinkler system. It is advisable to have water meters opposite the garage to minimize water pressure and flow drop. 3. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance of not less than 13.5 ft. shall be provided. Turning radius shall not be less than 32' inside and 39'. Road widths shall be as follows:. a. Less than 28 ft., no parking on either side b. Less than 36 ft., no parking on one side. c. At or over 36 ft., parking not restricted. 4. Where parking is restricted, it shall be posted with signs for No Parking -Fire Lane and curbs shall be painted red. Include details in Off -Site improvement plans. 5. Red curbing and signage shall be maintained by the Home Owners Association. A parking enforcement plan shall be implemented by the Homeowners Association. 6. Street naming shall be done prior to off -site improvement plan and building plan submittal. Addresses shall be assigned by the City Engineering Section prior to improvement plan and building permit submittal. Street signage shall be installed prior to any on -site improvements (foundations or buildings) has begun. 6 TM 13 -01 Masoni ® 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. Parry 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: Masoni I// Subdivision City of Gilroy MMRP December 2013 3 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 111 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. Parry responsible for implementation: Applicant, Qualified Biologist Party responsible for monitoring: City of Gilroy Planning Division Masoni 111 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 509798. 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 n Masoni Ill 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 Mosoni Ill 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 Masoni IU Subdivision MMRP I c v- a LM n on w Not to Scale a N Figure 6 Sound Barrier Locations Bobbs Creek /,. Bab¢s° Creek Drive ' • ,.- - 3 10 I 11 I 23 �` t• — - - 4 _ . 2 1• M 12 22 F•• •. 1 ��_ -- ss o 8 1 �Ii 21 - •.L�,r,. -3 - 0 ss A•t,�iRr 1 7 14 i 20 •••.6 15 19 �, •• j9 •.• -., rc f ~•�� 17 h i •• •• , 6 Tee • L ® Receotor Locations Noise Level (Lr,) without Proposed Sound Barrier Recommended Sound Barrier - Minimum Height 6 Feet Noise Level (L,i,) with Proposed Sound Barrier ..... Predicted 60 dBA L.j., Traffic Noise Contour Noise lmpoct Assessment AMBIENT Air Qualify & Noise Consulting Mason 11) Subdivision Project, Gilroy, CA 10 September 2013 Not to Scale a 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. City of Gilroy December 2013 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. 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. Parry responsible for implementation: Applicant Party responsible for monitoring: City of Gilroy Building Division 10 Mosoni 111 Subdivision MMRP I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2014 -09 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 P day of February, 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 4`" day of February, 2014. ia'wna Freels, MMC ity Clerk of the City of Gilroy (Seal)