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.
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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.
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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.
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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.
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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
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Not to Scale a
N
Figure 6
Sound Barrier Locations
Bobbs Creek
/,. Bab¢s° Creek Drive '
• ,.- - 3 10 I 11 I 23
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® 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)