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Resolution 2014-19RESOLUTION NO. 2014-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TENTATIVE MAP TM 13 -08, CREATING 369 SINGLE- FAMILY RESIDENTIAL LOTS, 9 PUBLIC OPEN SPACE LOTS, 59 PRIVATE OPEN SPACE LOTS, 11 LOTS FOR FUTURE DEVELOPMENT FOR PROPERTY LOCATED WITHIN THE GLEN LOMA RANCH SPECIFIC PLAN AREA, NORTHEAST OF SANTA TERESA BOULEVARD, WEST OF GREENFIELD DRIVE, AND SOUTHWEST OF UVAS CREEK, APNS 808 -43 -001, 002, 003, and 005; 808 -18 -003, 014, 015, 016, 017, and 018; 808 -19 -016, 018, AND 019, FILED BY THE GLEN LOMA CORPORATION, 7888 WREN AVENUE, SUITE D -143, GILROY, CA 95020. WHEREAS, The Glen Loma Corporation submitted a tentative map application TM 13- 08 to subdivide an approximate 309 -acre site into 369 single - family lots, 9 public open space lots, 59 private open space lots, 11 lots for future development, and associated public and private streets ( "TM 13 -08" or "Project "); and WHEREAS, the subject property is located within the Glen Loma Ranch Specific Plan area, located northeast of Santa Teresa Boulevard, west of Greenfield Drive, and southwest of Uvas Creek; and WHEREAS, on November 7, 2005, the City of Gilroy adopted the original Glen Loma Ranch Specific Plan; and WHEREAS, on November 21, 2005, the City of Gilroy adopted the Glen Loma Ranch Development Agreement; and WHEREAS, the Planning Commission held a duly noticed public hearing on April 3, 2014 at which time the Planning Commission considered the public testimony, the staff report dated April 3, 2014 ( "Staff Report"), the EIR, the Addendum EIR, and all other documentation related to Project, and recommended that the City Council find that the certified EIR is sufficient to address the environmental effects of the proposed Project and approve TM 13 -08; and WHEREAS, the City Council held a duly noticed public hearing on April 21, 2014 and considered the public testimony, the Staff Report, a Supplemental Staff Report dated April 21, 2014, the EIR, the Addendum EIR, and all other documentation related to the Project; and 1 RESOLUTION NO. 2014-19 WHEREAS, the City Council finds the tentative map conforms to the City's General Plan and elements thereof, including the original "Glen Loma Ranch Specific Plan" and the "Neighborhood District Policy"; and WHEREAS, pursuant to the California Environmental Quality Act of 1970, as amended, ( "CEQA ") an environmental impact report ( "EIR ") was prepared for the Project as part of the review of application GPA 00 -01 and certified by the City Council on November 7, 2005 with 52 mitigation measures; and WHEREAS, pursuant to Section 15164 of the State Guidelines implementing CEQA, an addendum to the original Glen Loma Ranch Specific Plan EIR has been prepared for the Project ( "Addendum EIR "); and WHEREAS, the Addendum EIR determined that no new impacts will occur due to the proposed Project, and, therefore, the EIR for the original Glen Loma Ranch Specific Plan is sufficient to address the environmental effects of the proposed Project, and therefore, no further environmental analysis is required by CEQA; and WHEREAS, a mitigation monitoring and reporting plan has been prepared, consistent with the original Glen Loma Ranch Specific Plan EIR; and WHEREAS, the location and custodian of the documents or other materials that constitute the record of proceedings upon which this Project approval is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED B Y T H E C I T Y C O U N C I L OF THE CITY OF GILROY THAT: SECTION I The City Council hereby adopts the findings based on substantial evidence in the entire record as summarized as follows: 1. Public utilities and infrastructure improvements needed to serve the Project are in close proximity to the Project site. 2 RESOLUTION NO. 2014-19 2. The proposed Project is consistent with the City's General Plan and the land use designation for the property on the General Plan map (Low Density Residential). 3.The proposed Project is consistent with the City's Zoning Code and Subdivision and Land Development Code, and with the State Subdivision Map Act. 4. There is no substantial evidence in the entire record that the Project as mitigated will have any significant effects on the environment. 5. There are no facts to support the findings requiring denial of the proposed tentative map pursuant to California Government Code section 66474. SECTION II Tentative Map TM 13 -08 should be and hereby is approved, subject to the conditions of approval set forth in Exhibit "A" attached hereto and entitled "TM 13 -08 Conditions of Approval," and subject to the Mitigation Measures in the Mitigated Negative Declaration and the Mitigation Monitoring Program hereby adopted for the Project, attached hereto as Exhibit "B." SECTION III This Resolution shall take effect only if, and upon the same date that Ordinance 2014 -07 approving the "Glen Loma Ranch PUD Submittal for Specific Plan Revision No. 1, City File Z 14 -01, dated April 3, 2014," takes effect. If said Ordinance 2014 -07 does not take effect, then this Resolution shall be null and void without further action by the City Council, and application TM 13 -08 shall be deemed denied. PASSED AND ADOPTED this 19'h day of May, 2014, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, AULMAN, BRACCO, LEROE- MUNOZ, TUCKER, WOODWARD and GAGE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE n99 tellF114 Donald Gage, Mayor 3 RESOLUTION NO. 2014-19 TM 13-08 Conditions of Approval PLANNING DIVISION CONDITIONS The applicant will be required to mitigate for the removal of significant trees by obtaining a tree removal permit, which will require replacement of significant trees, in accordance with the City's Consolidated Landscaping Policy. 2. 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. 3. Approval of TM 13 -06 is subject to the applicant receiving approval of Zone Change application Z 14 -01. 4. The Final Map shall substantially comply with the Tentative Map prepared by Ruggeri Jensen Azar, dated October 8, 2013 (with a last revised date of March 20, 2014) and stamped approved, except as modified by the City Council' s approval of this application and the conditions of approval. 5. The developer shall submit a copy of the Conditions, Covenants and Restrictions (CC &Rs) to the Planning Division concurrent with final map submittal. 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. 6. 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. 7. The applicant shall reimburse the City for all consultant costs and staff time spent processing tentative map application TM 13 -08 and Z 14 -01 in excess of fees paid to date prior to final map approval. EXHIBIT A 8. Prior to the approval of the final map and final grading plans for the Wild Chestnut neighborhood, the applicant shall have a qualified archaeologist conduct a survey and delineate Archaeological Site CA -SCL -243, in the vicinity of The Glen and Canyon Creek neighborhoods north of W. Luchessa Avenue, onto the respective Phase 1 Tentative Map preliminary grading sheets. This copy of the TM grading plans with the archaeology delineation shall be marked "Exempt from the Public Records Act - Not Available for Public Review." The archaeologist shall identify further recommendations, if any, which may include but not be limited to, archaeological monitoring during earth moving activities for these neighborhoods, within a specified distance of the archaeological site. Mitigation Measures The following MITIGATION MEASURES, which are contained within the EIR and EIR addendum, prepared pursuant to the California Environmental Quality Act, and as modified based upon changes in applicable regulations, are included as conditions of approval. 9. Project proponents shall specify in project plans the implementation of the following dust control measures during grading and construction activities for any proposed development. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Engineering Division (corresponds to EIR Mitigation Measure 3): The following measures shall be implemented at all construction sites: • Water all active construction areas at least twice daily; • Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; • Pave, apply water three times daily, or apply (non- toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; • Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; and • Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. The following measures shall be implemented at all construction sites greater than four acres in area: • Hydroseed or apply (non- toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); • Enclose, cover, water twice daily or apply (non- toxic) soil binders to exposed stockpiles (dirt, sand, etc.); • Limit traffic speeds on unpaved roads to 15 mph; • Install sandbags or other erosion control measures to prevent silt runoff to public roadways; and • Replant vegetation in disturbed areas as quickly as possible. EXHIBIT A The following measures are strongly encouraged at construction sites that are large in area, located near sensitive receptors or which for any other reason may warrant additional emission reductions: • Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; • Install wind breaks, or plant trees /vegetative wind breaks at windward side(s) of construction areas; C Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and • Limit the area subject to excavation, grading and other construction activity at any one time. 10. The applicant shall obtain a Santa Clara Valley Habitat Plan permit from the City of Gilroy, prior to issuance of a grading permit. The permit shall include all applicable project conditions (corresponds to EIR Mitigation Measure 4). 11. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential nesting habitat (i.e., riparian woodland and oak woodland), a tree survey shall be conducted by a qualified biologist to determine if active nest(s) of protected birds are present in the trees. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. This survey shall be required only if any construction would occur during the nesting and /or breeding season of protected bird species potentially nesting in the tree (generally March 1 through August 1). If active nest(s) are found, clearing and construction within 200 feet of the tree, or as recommended by the qualified biologist, shall be halted until the nest(s) are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting, as determined by the qualified biologist. If construction activities are not scheduled between March 1 and August 1, no further shrike or tree surveys shall be required (corresponds to EIR Mitigation Measure 5). 12. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential roost habitat (i.e., riparian woodland and oak woodland), pre- construction surveys for bat roosts shall be performed by a qualified biologist. If bat roost sites are found, the biologist shall implement a program to remove /displace the bats prior to the removal of known roost sites. In addition, an alternate roost site shall be constructed in the vicinity of the known roost site. Specifications of the alternate roost shall be determined by a bat specialist (corresponds to EIR Mitigation Measure 6). 13. Prior to approval of each tentative map or use permit, project plans for future EXHIBIT A development on the project site shall be designed to avoid unnecessary filling or other disturbance of natural drainage courses and associated oak/riparian woodland vegetation to the greatest extent feasible, subject to review and approval of the City of Gilroy Planning Division. In the event that disturbance of site drainages and associated oak/riparian woodland vegetation cannot be avoided (i.e., Reservoir Canyon Creek Bridge construction, culverts, storm drain outfalls, etc.), authorization from the California Department of Fish and Game through Section 1600 et. seq. of the Fish and Game Code and /or the U.S. Army Corps of Engineers through Section 404 of the Clean Water Act and the Regional Water Quality Control Board through Section 401 of the Clean Water Act shall be obtained, if required, prior to issuance of building or grading permits for any activity that might encroach on the site's drainages. Conditions imposed on these permits and /or authorizations may include but not be limited to the following (corresponds to EIR Mitigation Measure 8): • Construction work shall be initiated and completed during the summer and fall months when the drainages are dry, or at least have a very low flow. Typically, no construction work shall be allowed between October 15th and April 15th. • A Habitat Restoration Plan shall be prepared to identify the exact amount and location of affected and replacement habitat, to specify on -site revegetation with locally- obtained native species within the buffer areas to mitigate habitat loss, and to provide specifications for installation and maintenance of the replacement habitat. Any loss of riparian or wetland vegetation resulting from construction activities shall be mitigated on -site at a minimum 3:1 replacement ratio. 14. Any loss of oak and /or riparian woodland habitat resulting from development shall require the project proponent to retain a qualified biologist to prepare a Habitat Restoration Plan to identify the exact amount and location of affected and replacement habitat, specify an appropriate plant palette, and provide specifications for installation and maintenance of the replacement habitat. Replacement vegetation shall consist of locally- obtained native plant species. Any loss of riparian woodland vegetation shall be mitigated on -site at a minimum of 3:1 replacement ratio, unless otherwise determined by the Department of Fish and Game and the City of Gilroy. Any loss of oak woodland vegetation shall require preservation of on -site oak woodland at a ratio of 3:1 and replanting on- site at a ratio of 1:1, unless otherwise determined by the Department of Fish and Game and the City of Gilroy. The Habitat Restoration Plan shall be prepared prior to issuance of building or grading permits for any activity requiring removal of oak and /or riparian woodland habitat, subject to review and approval of the City of Gilroy Planning Division and California Department of Fish and Game (corresponds to EIR Mitigation Measure 9). 15. Prior to commencement of construction activities associated with Reservoir Canyon Creek Bridge, the project proponent responsible for construction of the bridge shall arrange for a qualified biologist to monitor bridge construction EXHIBIT A activities to ensure there are no impacts to wetlands and associated oak/riparian woodland habitat (corresponds to EIR Mitigation Measure 10). 16. Prior to recordation of the first final map within the Glen Loma Ranch Specific Plan area, the project proponent shall ensure that a suitable ownership structure (i.e., homeowner's association or similar mechanism) is established prior to occupancy to take long -term responsibility for maintaining and funding the ongoing management of any open space, woodland, vegetated riparian, or other habitat conservation easements on site. The homeowners' association, or other suitable mechanism, shall be structured so that it is responsible for enforcing habitat protection and maintenance measures to protect onsite biological resources. The homeowners' association may assess fines to property owners who are non - compliant with these measures. Fines assessed by the homeowner's association shall be used for on -site habitat protection, maintenance, and restoration, as necessary. Any noncompliance shall be reported to the City of Gilroy Planning Division and the California Department of Fish and Game by the homeowners association (corresponds to EIR Mitigation Measure 11). 17. Prior to issuance of grading and /or building permits, subject to the review of the Gilroy Planning Division, the project applicant shall install siltation fencing, hay bales, or other suitable erosion control measures along portions of natural and manmade drainage channels in which construction will occur and within 20 feet of construction and /or staging areas in order to prevent sediment from filling the creek (corresponds to EIR Mitigation Measure 13). 18. Prior to issuance of grading and /or building permits, the project proponent of any future development on the project site shall submit a Landscape Plan, for review and approval by the City of Gilroy Planning Division. Landscaping plans for areas adjacent to riparian habitat shall include appropriate guidelines to prevent contamination of drainages and their associated riparian habitat by pesticides, herbicides, fungicides, and fertilizers. Landscaping shall include appropriate native plants species and should not include plantings of non - native, invasive plant species (corresponds to EIR Mitigation Measure 14). 19. Prior to approval of a tentative map for each phase of the proposed project requiring removal or alteration to potential wetlands and /or waters of the U.S., a wetland delineation shall be prepared according to U.S. Army Corps of Engineers guidelines. The actual acreage of impacts to waters of the U.S. and wetlands shall be determined based on project plans for each development project and the wetland delineation for each development phase. The project proponent shall obtain all necessary permits and /or approvals from the U.S. Army Corps of Engineers and shall retain a restoration specialist to prepare a detailed wetland mitigation plan, if necessary, subject to review and approval by the U.S. Army Corps of Engineers and the City of Gilroy Planning Division. The plan shall include, but not be limited to, creation of wetlands on site to mitigate for EXHIBIT A unavoidable impacts to waters of the U.S. and wetlands resulting from development activities (corresponds to EIR Mitigation Measure 15). 20. A schematic lighting plan shall be submitted with each development proposal for review and approval by the Planning Division. Exterior lighting for any development proposed adjacent to open space areas shall be of low stature (i.e., 20 feet) and shall be of a full cutoff design or include opaque shields to reduce illumination of the surrounding landscape. Lighting shall be directed away from open space areas (corresponds to EIR Mitigation Measure 16). 21. Prior to approval of a tentative map for each phase of the proposed project containing or adjacent to preserved natural open space areas, a signage plan shall be prepared to outline the language, number and location of signs to dissuade people from straying off trails and to prohibit unleashed dogs in the open space areas, subject to approval by the City of Gilroy Planning Division (corresponds to EIR Mitigation Measure 17). 22. Prior to commencement of construction activities, the protected zone of any trees or groups of trees to be retained shall be fenced to prevent injury to the trees during construction. Soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and /or dumping of materials shall not be allowed within the protected zone. The fencing shall remain in place until all construction activities are complete (corresponds to EIR Mitigation Measure 19). 23. Project proponents shall submit a soils investigation prepared by a qualified soils engineer for future development on the project site. The recommendation of the soils investigation shall be incorporated into final building plans, subject to the review and approval by the Gilroy Engineering Division prior to approval of any building permits (corresponds to EIR Mitigation Measure 20). 24. The project applicant shall design all structures in accordance with the Uniform Building Code for seismic design. In addition, all recommendations in the geotechnical reports prepared for the project shall be implemented. Structural design is subject to the review and approval by the Gilroy BLES Division prior to the issuance of building permits (corresponds to EIR Mitigation Measure 21). 25. Each tentative map shall include a detention pond or ponds to collect storm water in the case of 2 -, 10 -, 25 -, and 100 -year peak storm events. Detention ponds shall be designed according to the recommendations presented in the Hydrologic Analysis (Schaaf & Wheeler 2005) and should include, but not be limited to the following (corresponds to EIR Mitigation Measure 23): a. The pond(s) should be located to collect the storm water runoff from the project site and discharge to the existing drainage corridors and /or the existing outfalls tributary to Uvas Creek. b. Any discharge from the pond(s) should release a maximum of storm water runoff for pre - project conditions (see tables 18 and 19 in the Draft EIR). EXHIBIT A C. The pond(s) should be sized a total of approximately 8.9 acre -feet to provide for appropriate storm water quantities and filter pollutants for the purpose of water quality. d. The pond'(s) shall not replace any proposed preserved open space at the project site, that was assumed to provide flood control and water quality benefits modeled in the Hydrological Analysis (Schaaf & Wheeler 2003). 26. The project applicant for any proposed development on the project site, shall, for each phase of the development, submit a Notice of Intent (NOI) and detailed engineering designs to the Central Coast RWQCB. The associated permit shall require development and implementation of a SWPPP that uses storm water "Best Management Practices" to control runoff, erosion and sedimentation from the site. The SWPPP must include Best Management Practices that address source reduction and, if necessary, shall include practices that require treatment. The SWPPP shall be submitted to the City of Gilroy Engineering Division for review and approval prior to approval of a building permit for each phase of the project (corresponds to EIR Mitigation Measure 24). 27. The project applicant shall submit plans for review by, and obtain an approved permit from the Santa Clara Valley Water District for any work that requires a permit from the water district (corresponds to EIR Mitigation Measure 25). 28. Future applicants in the Glen Loma Ranch specific plan area shall prepare a post- construction storm water management plan, subject to the review and approval of the Gilroy Engineering Division prior to the approval of final improvement plans, that shall include structural and non - structural best management practices (BMPs) for the reduction of pollutants in storm water to the maximum extent practicable (corresponds to EIR Mitigation Measure 26). 29. Prior to issuance of a grading permit for all areas within the Specific Plan area, the following measures shall be incorporated into the project plans to mitigate construction noise, subject to the review and approval of the City of Gilroy Engineering Division (corresponds to EIR Mitigation Measure 28): a. Construction shall be limited to weekdays between 7 AM and 7 PM and Saturdays and holidays between 9 AM and 7 PM, with no construction on Sundays; b. All internal combustion engine- driven equipment shall be equipped with mufflers that are in good condition and appropriate for the equipment; and C. Stationary noise - generating equipment shall be located as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. 30. Add an eastbound and a westbound left -turn lane on the Fitzgerald and Masten approaches to the Monterey Road /Masten Avenue intersection, and change the east -west signal phasing from split phasing to protected phasing (corresponds to EIR Mitigation Measure 30). EXHIBIT A This intersection is within the City of Gilroy's Transportation Master Plan and therefore, impact fees are collected for improvements at this intersection. Therefore, implementation of this mitigation measure is the responsibility of the project proponent, prior to issuance of the first building permit. 31. The applicant shall design and construct a two -lane roundabout (ultimate condition) at Santa Teresa Boulevard/Tenth Street/Miller Avenue. The City of Gilroy will reimburse the developer for the cost of all ultimate improvements of the RAB intersection up to the budgeted amount shown in the current city traffic impact fund. The design shall be subject to review and approval of the City Engineer and approval of an encroachment permit from Santa Clara County. Construction of the roundabout is required to be completed prior to issuance of the first building permit (corresponds to EIR Mitigation Measure 31). 32. Convert the Thomas Road /Luchessa Avenue intersection to a one -lane modern roundabout (corresponds to EIR Mitigation Measure 33). O Signalize the Thomas Road /Luchessa Avenue intersection, add a northbound right turn lane, and add a northbound right turn overlap phasing to the signal phasing. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit for Phase I. Note: The mitigated negative declaration for the planned elementary school within the specific plan, located on Luchessa Avenue within the Cabernet neighborhood, required implementation of this mitigation measure prior to opening the school. It was required due to unacceptable levels of services during the mid - afternoon peak hour. The mitigation measure requires the school district to pay their fair share of this improvement determined by agreement between the school district and the City of Gilroy. 33. Signalize the Santa Teresa Boulevard /Fitzgerald Avenue intersection and add eastbound and westbound left turn lanes (corresponds to EIR Mitigation Measure 34). The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase II. 34. Add a northbound left turn lane to the Uvas Park Drive /Miller Avenue intersection. EXHIBIT A The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase II (corresponds to EIR Mitigation Measure 35). Prepare a traffic management plan of the Miller Avenue street section southwest of the intersection with Uvas Park Drive. The project proponent shall be responsible for preparation of the plan. The plan shall be subject to review and approval by the City staff and constructed by the project, prior to issuance of the first building permit in Phase II 35. Add second eastbound and westbound left turn lanes to the Santa Teresa Boulevard /First Street intersection (corresponds to EIR Mitigation Measure 37). The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. 36. The applicant shall design and construct a two -lane roundabout (ultimate condition) at Santa Teresa Boulevard/West Luchessa Avenue /Ballybunion Drive. The City of Gilroy will reimburse the developer for the cost of all ultimate improvements of the RAB intersection up to the budgeted amount shown in the current city traffic impact fund. The design shall be subject to review and approval of the City Engineer and approval of an encroachment permit from Santa Clara County. Construction of the roundabout is required to be completed prior to issuance of the first building permit in the Wild Chestnut or Home Ranch neighborhoods in Phase 1 (corresponds to EIR Mitigation Measure 38). 37. Signalize the Uvas Park Drive /Miller Avenue intersection and add northbound and southbound left -turn lanes (corresponds to EIR Mitigation Measure 39). The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. Note: This intersection would operate at LOS C during the AM and PM peak hours with implementation of this improvement. However, under General Plan Buildout Conditions, the Tenth Street Bridge would be required to be constructed. With the Tenth Street Bridge, this intersection would operate at LOS A during the AM peak hour and LOS C during the PM peak hour with NO improvements, e.g. signalization and lane additions. Therefore, the mitigation measure identified above would not be required under General Plan Buildout Conditions, assuming the Tenth Street Bridge were constructed. One option would be to only add the northbound left -turn lane as recommended in the previous scenario (Background Plus Project Phases I and II) and consider EXHIBIT A LOS E as an acceptable short term level of service for this intersection. Another option is to implement the mitigation measure above (signalize the intersection and add the left -turn lanes, which would improve operations to LOS C during the AM and PM peak hours), with the knowledge that the signal could be removed once the Tenth Street Bridge is constructed at General Plan Buildout Conditions. 38. If the Thomas Road /Luchessa Avenue intersection was converted to a one lane modern roundabout, add a second lane to the roundabout and widen the Luchessa Avenue Bridge to four lanes. This would result in LOS A during both the AM and PM peak hours (corresponds to EIR Mitigation Measure 41). x . If the Thomas Road /Luchessa Avenue intersection was signalized and a northbound right turn lane was added, add a second westbound left turn lane and westbound through lane and widen the Luchessa Avenue Bridge to four lanes. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. 39. Add second northbound and westbound left turn lanes at the Monterey Street/Luchessa Avenue intersection (corresponds to EIR Mitigation Measure 43). The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. 40. Add an eastbound and westbound through lane on First Street at its intersection with Santa Teresa Boulevard (corresponds to EIR Mitigation Measure 44). The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. 41. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included on any permits issued for the project site, including, but not limited to building permits for future development, subject to the review and approval of the Gilroy Planning Division (corresponds to EIR Mitigation Measure 45): If archaeological resources are discovered during construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. EXHIBIT A 42. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 15064.5(e), subject to the review and approval of the City of Gilroy Planning Division (corresponds to EIR Mitigation Measure 46): If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance 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. 43. Residential fire sprinklers shall be installed in all residences within the specific plan area over 3,000 square feet, including single - family and multi - family town homes or apartments, and residential clusters with more than 25 units that lack secondary access. Residential fire sprinklers shall be installed prior to occupancy. Prior to approval of future development projects within the specific plan area, the City Fire Marshal may require that all residences have residential fire sprinkler systems, regardless of conditions stated above, especially if streets are narrow, buildings are closely spaced, emergency response time is not met, there is inadequate fire flow, building are adjacent to natural areas, or other conditions exist that could hinder the ability of the City of Gilroy Fire Department to perform fire suppression acts in such case they would be needed. The sprinklers shall be designed and installed in accordance with City of Gilroy Fire Department policies (corresponds to EIR Mitigation Measure 50). 44. The Glen Loma Ranch Homeowner's Association shall take full responsibility for management and maintenance of the preserved open space areas within the project site. Seasonal vegetation management should be scheduled to occur at ANIMIM, the end of the rainy season and consistent with the annual weed abatement resolution. The HOA should implement any vegetation management in the Preserved Open Spaces and Fuel Transition Zones at the beginning of the weed abatement season. This language shall be included in the HOA conditions, covenants, and restrictions (corresponds to EIR Mitigation Measure 52). ENGINEERING DIVISION CONDITIONS 45. The developer shall pay all city and other related fees that the property is subject to. These fees shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with the Glen Loma Ranch Development Agreement [ordinance 2005 -22] and in accordance with city policy. 46. Construction activity shall be restricted to the period between 7:00 a.m. to 7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m. to 7:00 p.m. unless otherwise approved in writing by the City Engineer for general construction activity. No work shall be done on Sundays and City Holidays. The City Engineer will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. 47. Until such time as the Improvements are accepted by the City, the Developer shall be responsible for and bear the risk of loss to any of the Improvements constructed or installed. 48. Until such time as individual tract improvements are fully completed and accepted by the City, the Developer will be responsible for the care, maintenance of, and any damage to such Improvements. The City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or Improvements specified prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by the Developer. 49. The City shall be notified at least two (2) working days prior to the start of any construction work and at that time the contractor shall provide a project schedule and a 24 -hour emergency telephone number list. 50. The developer shall construct all work shown on the improvement plans in conformance with those plans, subject to the inspection by and approval of the Public Works Department. The contractor shall remove all uninspected work at the developer's /contractor's expense, as deemed appropriate by the City Engineer. 51. The developer shall be required to obtain a City of Gilroy encroachment permit EXHIBIT A for all work (i.e. sidewalk, curb, gutter, driveway, roadway, alley, etc.) in the City right of way. 52. No utility boxes are allowed to be constructed in the sidewalk without prior written approval by the City Engineer. 53. The project design engineer shall confirm by letter each lot pad grading elevation prior to issuance of the building permit for that lot and the project design engineer shall confirm by letter each final lot swale grading prior to building final. 54. The developer shall set a minimum of one exterior monument. Additional monuments may be required by the City Engineer or City Surveyor as deemed necessary. 55. Storm and sewer lines in private areas shall be privately maintained unless approved by the City Engineer in writing. 56. Location of monuments shall be tied out prior to work. Any City monuments damaged, displaced or destroyed shall be replaced at the developer's sole expense. 57. At least one week prior to commencement of work, the developer shall post the site and mail to owners of property within (300') three hundred feet of the exterior boundary of the project site, to the homeowner associations of nearby residential projects and to the Engineering Department, a notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. 58. The developer shall place new and existing utility lines, appurtenances, and associated equipment, including but not limited to electrical transmission, street lighting conduit and boxes, and cable television appurtenances underground in accordance with Section 21, Article V of the Gilroy City Code. Regarding the pole and lines at the south property corner, near the terminus of Greenfield Drive, which extend to the vicinity of Mesa Road: complete removal, in lieu of undergrounding, of this facility will be performed upon the completion of the Santa Teresa /Miller roundabout and energizing of the system at the intersection of Santa Teresa Boulevard and Miller Avenue. One exception will require careful removal or cut -back of the power pole most close to the intersection of Oak Brook Way at Greenfield Drive. A healthy oak tree has grown around the power pole. Care should be taken to preserve the oak tree. The power pole may need to be cut to a reasonable height to remove its visual impact but not harm the tree. EXHIBIT A 59. 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. 60. The developer shall submit an estimate of the probable cost of developer - installed improvements shown on the improvement plans, along with the joint trench improvements shown on the composite plan, with the first Improvement Plan /Final Map. The probable costs will be the basis for calculating the fees and bonds required for the project. The developer shall also submit payment for all applicable fees and bonds and enter into an improvement agreement prior to Final Map recordation. 61. Improvement plans are required for all developer - installed improvements prior to final map approval. 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. A note shall be placed on the JT composite plans which states that the composite plan agrees with City Codes and Standards and that no underground utility conflict exists. d. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the City. e. 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. 62. Prior to tract acceptance or approval of phased production of the dry utilities in the field, the developer shall submit a professional, engineer- signed and PG&E - approved, original electric plan. 63. The developer shall demonstrate acceptable fire hydrant fire flow tests for the highest hydrant in each water pressure zone prior to acceptance of the public water system, phased production, or any building permit finals (add to general notes on Plan Title sheet). EXHIBIT A 64. In the event it is necessary to acquire offsite easements or street right -of -way, the owner shall enter into an agreement with the City prior to Final Map approval agreeing to pay all condemnation costs, for dedication of all required easements or street right -of -way. This agreement shall be recorded and require the owner to deposit all condemnation costs with the City within 21 days of Final Map approval. The owner shall agree to provide an initial cash deposit as determined by the City. 65. Once the tentative map is approved, 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. 66. The developer /contractor shall make accessible any or all City utilities as directed by the City Engineer. 67. An all- weather access and water system acceptable to the City Engineer and the Fire Chief shall be in place prior to commencement of construction with combustible materials. 68. The developer shall submit two conforming mylar copies of the final map to the City along with an electronic copy, prior to approval of the final map. 69. The developer shall clearly identify on the improvement plans and plot plans those lots requiring a sanitary sewer backflow preventer or a pressure reducer concurrent with plan submittal. 70. Improvement plans shall also identify the water pressure zone for each lot and distribution system water pipe. 71. The developer shall create a construction staging plan that addresses the ingress and egress location for all construction vehicles, parking and material storage area. This plan shall be subject to review and approval by the Engineering Department prior to the issuance of a grading permit. 72. The developer shall provide security fencing, to the satisfaction of the City Engineer around the site during construction of the project. 73. The developer shall locate stationary noise - generating equipment as far away from existing residences as feasible. 74. The developer shall submit a conceptual planting and irrigation plan concurrent with the improvement plans requiring such improvements, subject to Planning and Engineering Division approval. EXHIBIT A 75. Construction documents and maps submitted for the improvements shown on this Tentative Map shall be prepared in conformance with applicable published standards, codes, and regulations as adopted by the City of Gilroy City Council (City), or other agencies with jurisdiction over the project, at the time of tentative map approval. In the event that there are conflicts between the City's adopted standards, codes, or regulations and those of other jurisdictions, or the improvements incorporated into the tentative map, the Applicant shall work with the Public Works Director and the Community Development Director to resolve the conflict, to the greatest extent practical, to meet the intent of the City's adopted standards, codes, or regulations. 76. Add following note to improvement (civil) plan title sheet above City Engineer's signature block: GENERAL APPROVAL NOTE Approval of these plans does not release the developer from correction of mistakes, errors, or omissions contained therein. If, during the course of construction, the public interest requires a modification or a departure from the City Specification or the approved plans, the City shall have the authority to require such modifications or departure and specify the manner in which the same is to be made. 77. The developer shall install a recycled water pipeline in the locations shown on the tentative map. All oversizing, if any, shall be reimbursed by the SCVWD under a separate reimbursement agreement. 78. The developer shall install a Zone 1 potable water main in Tenth Street within the project site. The main will be stubbed at the end of the Tenth Street improvements constructed with this tentative map, for future connection of the waterline to be installed with the future Tenth Street bridge. 79. Plans shall conform to currently- adopted city of Gilroy storm drain standards in effect at the time of tentative map approval, with the exception that side -entry inlets shall be used. 80. The developer shall install a 0.71 MG storage tank or as otherwise reasonably determined by further engineering analysis and approval by the Director of Public Works at Reservoir F prior to the last water pressure zone 2 building final in Phase 1. if such improvements are determined necessary, the share of the cost of such improvements shall be determined based on the ratio of the build -out demands between Glen Loma Ranch Zone II lands and any other future users accounted for in the engineering analysis. 81. The developer shall upgrade Booster Station 5's firm capacity to 2,000 gpm, and total capacity to 3,000 gpm or as otherwise reasonably determined by further engineering analysis and approved by the Director of Public Works. The upgrade shall be operational prior to the 200th pressure Zone II building final or EXHIBIT A as otherwise reasonably determined by the Public Works Director. If such improvements are determined necessary, the share of the cost of such improvements shall be determined based on the ratio of the build -out demands between Glen Loma Ranch Zone II lands and any other future users accounted for in the engineering analysis. 82. The Developer shall be responsible for construction of offsite trails as referenced on the Glen Loma Ranch Conditions of Approval Offsite Trail Improvements exhibit prepared by RJA, dated March 10, 2014. The Santa Teresa offsite trail shown on the exhibit shall be constructed concurrent with the Santa Teresa Trail along the frontage of the Vista Bella neighborhood. The Christmas Hill Park offsite trail will be constructed concurrent with the Reservoir Canyon trail to Christmas Hill Park with the future Phase II improvements. 83. Grading, erosion control and drainage plans are required and shall be subject to the review and approval of the Engineering Division prior to Final Map and /or Improvement plan approval. 84. All grading operations and soil compaction activities shall be per the approved project geotechnical report that was prepared for the design of the project and shall meet with the approval of the City Engineer. Site preparation and cut/fill construction shall be conducted under the observation of, and tested by, a licensed soils or geotechnical engineer. A report shall be filed with the City of Gilroy for each phase of construction, stating that all site preparation and cut/fill construction were performed in conformance with the requirements of the project geotechnical report. This shall be subject to review and approval by the Engineering Division. The developer shall add this condition to the general notes on the grading plan. 85. All grading activity shall address National Pollutant Discharge Elimination system (NPDES) concerns. If all or part of the construction occurs during the rainy season, the developer shall submit an Erosion Control Plan to the City Engineer for review and approval. This plan shall incorporate erosion control devices and other techniques in accordance with Municipal Code § 27C to minimize erosion. Specific measures to control sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan and Storm Water Pollution Prevention Plan ( SWPPP). The SWPPP shall supplement the Erosion Control Plan and project improvement plans. These documents shall also be kept on -site while the project is under construction. A Notice of Intent shall be filed with the Regional Water Quality Control Board, with a copy provided to the Engineering Department before a grading permit will be issued. 86. The developer shall add a note to the Improvement Plans requiring the QSP to coordinate his or her inspections with the City's public works inspector during construction on an on -going basis. EXHIBIT A 87. All retaining walls shall be masonry and shall be a modular system and /or cast in place concrete with decorative surfacing when visible by the public. 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. 88. The wall design engineer shall confirm that the design of all retaining walls conforms to city codes and standards prior to wall construction. Retaining wall construction shall be conducted under the observation of, and tested by, a licensed structural, soils or geotechnical engineer as determined by the City Engineer. 89. All lots shall be designed to drain to the street for storm drainage unless otherwise approved by the City Engineer. 90. Stockpiles of debris, soil, sand or other materials shall be covered. 91. Grading shall be such that it does not encroach onto neighboring properties or impede any existing overland drainage from neighboring properties. 92. Prior to final map approval, the developer shall submit CC &Rs that set forth the homeowners' association responsibilities for the operation and maintenance of all onsite BMPs and detention basins, subject to the review and approval of the Public Works director. 93. Any damage resulting from project construction operations to existing city streets on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at the full expense of the developer /contractor. This shall include slurry seal, overlay, or street reconstruction if reasonably deemed warranted by the City Engineer. 94. Plans shall conform to revised LED City of Gilroy Street Light Standards E -1 through E -10. 95. All work is to be done in compliance with the City of Gilroy Specifications Standards and Design Criteria and is subject to all laws of this community by reference. Street improvements and the design of all storm drainage, sewer and water lines, and all street sections shall be in accordance with City Standards and shall follow the most current adopted master plan for streets and each utility as of the tentative map approval date. The developer shall provide full street, curb, gutter, sidewalk and electrolier improvements. Street section /design is to be per City Standards in accordance with the street sections shown on the tentative map. 96. Any work in the public right -of -way shall require a signing and striping plan and a traffic control plan prepared by a California - licensed, professional engineer with EXHIBIT A experience in preparing such plans. This plan shall be reviewed by a licensed traffic engineer. Where proposed improvements are an extension of an existing street and /or "conform" to existing, adjacent improvements, signing and striping plans shall be overlaid on an existing, current aerial and shall encompass the minimum areas indicated in the City's current policy. Traffic Control Plan shall be prepared in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices ( MUTCD 2012). 97. New Street Improvement plans must include phased traffic control plans prepared in conformance with the latest version of the CA MUTCD (2012). Traffic control plans must be designed to address specific site /project conditions and must address each phase of work, particularly when phases alter traffic patterns and /or flow; examples, sample, or "typical" drawings are not allowed. Where proposed improvements are an extension of an existing street and /or "conform" to existing, adjacent improvements, signing and striping plans shall encompass the minimum areas indicated in the City's current policy. 98. All temporary roads or detours shall have temporary asphalt paving unless otherwise approved by the City Engineer in writing. 99. The permanent street name sign shall be installed immediately after the curb and gutter construction is complete. 100. Street light layout shall be per City Standards and as directed by the Traffic Engineer. FIRE DEPARTMENT CONDITIONS The following conditions shall be shown or included on off -site improvement plans as "Fire Department Notes." Prior to street completion the Fire Marshal shall be contacted and a fire clearance for off -site improvements be scheduled. No building permits will be issued without a Fire Improvement Plan review and Fire Flow Test administered by the Fire Marshal 101. Emergency Vehicle Access ( EVA). A second EVA access shall be provided when streets serve 30 or more units. A second Emergency Vehicle Access is to provide a second means to the project area as a whole, and except for cul -de- sacs with less than 30 units, shall provide 2 means of access to individual units. Secondary Access does not need to serve as public access; however the roadway shall meet the City standard construction as a street (curb, gutter, sidewalk optional); be a minimum of 20 feet wide; support 80,OOOlbs; have 14 feet of clearance; have a slope no greater than 15 %; and provide for a fire apparatus turning radius acceptable to the Fire Marshal. Identify all Fire Access Roadways as EVA easements on final map. 102. No traffic calming is allowed unless approved by the Fire Chief and found to not EXHIBIT A adversely impact Fire response time and not to adversely impact Fire Department response apparatus /vehicles. 103. Gated Access Roadways shall be provided with an automatic opening system compatible with the Fire Department equipment as well as KNOX key over ride for Fire and Police access. Gates require a separate building permit and must be tested prior to being utilized to control traffic into an area. Temporary gates shall be provided with Fire Department KNOX locks. 104. Fire flow for the project shall be modeled for a minimum of 2,500 gpm for commercial fire flow, and 1,500 gpm for residential fire flow. Street Hydrants shall be spaced every 300 feet, and within 150 feet 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. 105. All homes shall be provided with water laterals and meters sized to allow for a residential NFPA 13d fire sprinkler system. Off -site improvement plans shall show that all homes are provided with 1.5 inch water laterals and 1 -inch meters sized to allow for a residential NFPA 13d fire sprinkler system. In some cases larger line sizes (2 -inch) may be needed if the individual home lateral and distance to riser exceeds 150feet. In such cases a pressure / flow calculation is recommended. 106. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance of not less than 13.5 feet shall be provided. Turning radii shall not be less than 32 feet inside and 39 feet outside. Dead end streets over 150 feet in length shall be provided with a cul -de -sac of 78 feet diameter. Parking restrictions shall be as follows: a. Less than 28 feet, no parking on either side b. Less than 36 feet, no parking on one side. c. At or over 36 feet, parking not restricted. 107. Where parking is restricted, it shall be posted with signs stating, "No Parking -Fire Lane" and curbs shall be painted red. Include the details in the off -site improvement plans. Red striping shall be provided when framing of the first building on a street commences and red striping shall be inspected and improved prior to the final sign off for the first building permit on a street. 108. For private streets; red curbing and signage shall be maintained by the Homeowners' Association. A parking enforcement plan shall be implemented by the Homeowners' Association. 109. Street names shall be shown on off -site improvement plans and building plans. Addresses shall be assigned by the City Engineering Section prior to improvement plan and building permit submittal. Street signage shall be installed EXHIBIT A before any on -site improvements (foundations or buildings) begin. 110. Roadways with sound -wall or fencing along the roadway shall provide view fencing whenever there is a cul -de -sac or dead end roadway abutting the sound - wall /fence. 111. Open spaces without irrigated landscaping shall be managed in conformance with an approved open space management plan. Site -wide fuels management as outlined in the "Glen Loma Ranch Wildfire Hazard Assessment" shall be completed within 100 feet of each neighborhood prior to issuance of the first building permit in each neighborhood. A Neighborhood Vegetation Management Plan shall be submitted with the improvement plans for review and approval. The Management Plan shall be implemented prior to the first building permit final in each neighborhood. This will include removal of undesirable vegetation and ground preparation for areas where fuels breaks will be implemented. A copy of the approved vegetation management plan for each neighborhood will be provided to each home purchaser in a given neighborhood. The agency providing weed abatement oversight shall also be provided with a copy of all approved vegetation management 112. Homes in the following neighborhoods will include built -in fire protection measures (Structure Hardening) as described in the "Glen Loma Ranch Wildfire Hazard Assessment" document [page 40 et. seq.]. These neighborhoods include: Home Ranch, Wild Chestnut, Nebiolo, Glen and Mataro, and any neighborhood adjacent to Christmas Hill Park or Uvas Creek with crown fire potential. The developer may present evidence supporting a setback from the wildland area where the treatments may be eliminated or may present information on selection of only specific treatments. Any exemptions from built - in fire protection measures shall be approved by the Fire Chief. 113. All storm drains shall be stenciled, and all watercourses and drainage basins will be provided with language stating "No Dumping" and language describing the need to protect storm water from pollutants. A description of storm water pollution prevention measures being implemented in the development shall be provided to each home purchaser. CITY COUNCIL -ADDED CONDITIONS 114. The developer shall install a recycled water service from the existing recycled water line on Club Drive and erect a recycled water filling station in the vicinity of Club Drive or Grenache Way, accessible from the public right -of -way. The plans for the filling station shall be included on the Phase 1A grading plans and shall be installed prior to the start of onsite grading, subject to the review and approval of the Public Works Director. EXHIBIT A EXHIBIT B GLEN LOMA RANCH SPECIFIC PLAN MITIGATION MONITORING PROGRAM INTRODUCTION CEQA Guidelines section 15097 requires public agencies to adopt reporting or monitoring programs when they approve projects subject to an environmental impact report or a negative declaration that includes mitigation measures to avoid significant adverse environmental effects. The reporting or monitoring program is to be designed to ensure compliance with conditions of project approval during project implementation in order to avoid significant adverse environmental effects. The law was passed in response to historic non - implementation of mitigation measures presented in environmental documents and subsequently adopted as conditions of project approval. In addition, monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures. A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measure's compliance. This monitoring program is designed to provide a mechanism to ensure that mitigation measures and subsequent conditions of project approval are implemented. EMC PLANNING GROUP INC. 1 -1 1.0 INTRODUCTION MONITORING PROGRAM The basis for this monitoring program is the mitigation measures included in the project environmental impact report, and as revised through the EIR addendum process. 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 Final EIR, as modified in the Addendum EIR. 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 Gilroy Community Development Department should be responsible for coordination of the monitoring program, including the monitoring checklist. The Community Development Department should be responsible for completing the monitoring checklist and distributing the checklist to the responsible individuals or agencies for their use in monitoring the mitigation measures; 2. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring checklist have been complied with. Once all mitigation measures have been complied with, the responsible individual or agency should submit a copy of the monitoring checklist to the Community Development Department to be placed in the project file. If the mitigation measure has not been complied with, the monitoring checklist should not be returned to the Community Development Department; 3. The Gilroy Community Development Department will review the checklist to ensure that appropriate mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with at the appropriate time, e.g. prior to issuance of a use permit, etc. Compliance with mitigation measures is required for project approvals; and 1_2 EMC PLANNING GROUP INC. GLEN LOMA RANCH SPECIFIC PLAN MITIGATION MONITORING PROGRAM REVISED MARCH 13, 2014 4. If a responsible individual or agency determines that a non - compliance has occurred, a written notice should be delivered by certified mail to the project proponent within 10 days, with a copy to the Community Development Department, describing the non- compliance and requiring compliance within a specified period of time. If non - compliance still exists at the expiration of the specified period of time, construction may be halted and fines may be imposed at the discretion of the City of Gilroy. EMC PLANNING GROUP INC. 1 -3 1 .0 INTRODUCTION MITIGATION MONITORING CHECKLIST STEP 1 PRIOR TO APPROVAL OF THE TENTATIVE MAP (NOTE: MITIGATION MEASURES MAY SPECIFY TENTATIVE MAPS IN SPECIFIC NEIGHBORHOODS) 1. Prior to the approval of the first tentative map, the project proponent shall prepare a Santa Teresa Boulevard Landscaped Buffer Plan to include, but not be limited to, the following components: • A buffer along the entire length of the boulevard, in varying identified widths depending upon topography and views into the site; • Landscaping along Santa Teresa Boulevard to enhance and blend into the natural landscape and screen, to the greatest extent feasible, views of structures including berm /sound wall combinations; • Design options for entry features consistent with General Plan policy 1.10; • Design options for berm /sound wall combinations and signs; and • Class I Santa Teresa Multi-Use Regional Trail. Party responsible for implementation: Project Proponent Party responsible for monitoring. Gilroy Planning Division Monitoring Notes: 1 -4 EMC PLANNING GROUP INC. GLEN LOMA RANCH SPECIFIC PLAN MITIGATION MONITORING PROGRAM REVISED MARCH 13, 2014 12. The preserved serpentine rocky grassland on site shall be actively managed to reduce indirect impacts resulting from public use. This may include ranch -style wood fencing surrounding the knoll to protect the area from off -road vehicle use. Additionally, a short trail system could be installed to direct public access with interpretive signs at trailheads to educate the public on the uniqueness of the serpentine grassland community. The project proponent of any future development on the project site shall include habitat management measures in future project plans, subject to review and approval of the City of Gilroy Planning Division prior to approval of the tentative map for Canyon Creek and /or Rocky Knoll, whichever occurs first. Party responsible for implementation: Project Proponent Party responsible for monitoring. Gilroy Planning Division Monitoring Notes: 47. Prior to approval of the first tentative map, the applicant shall provide written verification and mapping of the approximate 17 percent of the project site previously used for non- dryland crop use (e.g., wine grapes, tomatoes, cucumbers, strawberries). Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division Monitoring Notes: 48. Prior to approval of tentative maps, use permits, or architectural review applications of neighborhoods identified as part of mapping required in Mitigation Measure #47, the developer shall have a Phase I Environmental Site Assessment prepared. Based on the findings of the Phase I Environmental Site Assessment, clean up and disposal of such EMC PLANNING GROUP INC. 1 -5 1.0 INTRODUCTION contamination, if present, shall be in compliance with federal, state and local regulations governing the clean -up and disposal of hazardous waste. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division Monitoring Notes: 49. Prior to approval of the first tentative map, the project proponent shall prepare a program for monitoring the need for development of the new fire station. The monitoring program shall be consistent with the requirements of the development agreement between the project proponent and the City of Gilroy and is subject to review by the City Fire Marshal. Party responsible for implementation: Project Proponent Parry responsible for monitoring: Gilroy Fire Marshal Monitoring Notes: 1 -6 EMC PLANNING GROUP INC. GLEN LOMA RANCH SPECIFIC PLAN MITIGATION MONITORING PROGRAM REVISED MARCH 13, 2014 51. Prior to approval of the first tentative map, the project proponent shall have an "urban wildland interface planner ", or other professional acceptable to the City of Gilroy Fire Marshal, prepare a report to address the vegetation in the Preserved Open Space and evaluate fuel management and modification. The report shall be based on fuel modeling and fire behavior for the existing vegetation. As each neighborhood adjacent to the Preserved Open Space is developed, the recommendations of the report shall be implemented by the developer in the adjacent Preserved Open Space. The required width of the Fuel Transition Zones shall also be at least the width as recommended in the report. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Fire Marshal Monitoring Notes: EMC PLANNING GROUP INC. 1 -7 1.0 INTRODUCTION STEP Z PRIOR TO APPROVAL OF EACH TENTATIVE MAP OR USE PERMIT 7. Prior to approval of each tentative map or use permit, project plans for future development on the project site shall be designed to include adequate buffer areas to protect wetlands, waters of the U.S., oak/riparian woodland, and other open space areas to be preserved in the specific plans area (coastal scrub areas, mixed cultivated woodland, and rocky serpentine grassland areas), subject to review and approval of the City of Gilroy Planning Division. Project plans shall indicate that no development is to occur within 100 feet of a defined creek bank or edge of riparian corridor. Project plans shall indicate that no development is to occur within 50 feet of other open space areas; however, this setback may be reduced due to site constraints or to accomplish specific project goals subject to review and approval of the City of Gilroy Planning Division, but shall in no event be less than 30 feet. Wherever possible, buffer areas shall be planted with locally- obtained native grasses, shrubs and woodland understory species. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division Monitoring Notes: 8. Prior to approval of each tentative map or use permit, project plans for future development on the project site shall be designed to avoid unnecessary filling or other disturbance of natural drainage courses and associated oak/riparian woodland vegetation to the greatest extent feasible, subject to review and approval of the City of Gilroy Planning Division. In the event that disturbance of site drainages and associated oak/riparian woodland vegetation cannot be avoided (i.e., Reservoir Canyon Creek Bridge construction, culverts, storm drain outfalls, etc.), authorization from the California Department of Fish and Game through Section 1600 et. seq. of the Fish and Game Code and /or the U.S. Army Corps of Engineers through Section 404 of the Clean Water Act and the Regional Water 1 -8 EMC PLANNING GROUP INC. GLEN LOMA RANCH SPECIFIC PLAN MITIGATION MONITORING PROGRAM REVISED MARCH 13, 2014 Quality Control Board through Section 401 of the Clean Water Act shall be obtained, if required, prior to issuance of building or grading permits for any activity that might encroach on the site's drainages. Conditions imposed on these permits and /or authorizations may include but not be limited to the following: Construction work shall be initiated and completed during the summer and fall months when the drainages are dry, or at least have a very low flow. Typically, no construction work shall be allowed between October 15th and April 15th. • A Habitat Restoration Plan shall be prepared to identify the exact amount and location of affected and replacement habitat, to specify on -site revegetation with locally- obtained native species within the buffer areas to mitigate habitat loss, and to provide specifications for installation and maintenance of the replacement habitat. Any loss of riparian or wetland vegetation resulting from construction activities shall be mitigated on -site at a minimum 3:1 replacement ratio. Party responsible for implementation: Project Proponent Party responsible for monitoring. Gilroy Planning Division Monitoring Notes: 13. Prior to approval of each individual tentative map or use permit, subject to the review of the Gilroy Planning Division, the project applicant shall install siltation fencing, hay bales, or other suitable erosion control measures along portions of natural and manmade drainage channels in which construction will occur and within 20 feet of construction and /or staging areas in order to prevent sediment from filling the creek. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division Monitoring Notes: EMC PLANNING GROUP INC. 1 -9 1 .0 INTRODUCTION 15. Prior to approval of a tentative map for each phase of the proposed project requiring removal or alteration to potential wetlands and /or waters of the U.S., a wetland delineation shall be prepared according to U.S. Army Corps of Engineers guidelines. The actual acreage of impacts to waters of the U.S. and wetlands shall be determined based on project plans for each development project and the wetland delineation for each development phase. The project proponent shall obtain all necessary permits and /or approvals from the U.S. Army Corps of Engineers and shall retain a restoration specialist to prepare a detailed wetland mitigation plan, if necessary, subject to review and approval by the U.S. Army Corps of Engineers and the City of Gilroy Planning Division. The plan shall include, but not be limited to, creation of wetlands on site to mitigate for unavoidable impacts to waters of the U.S. and wetlands resulting from development activities. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division Monitoring Notes: 17. Prior to approval of a tentative map for each phase of the proposed project containing or adjacent to preserved natural open space areas, a signage plan shall be prepared to outline the language, number and location of signs to dissuade people from straying off trails and to prohibit unleashed dogs in the open space areas, subject to approval by the City of Gilroy Planning Division. Party responsible for implementation: Project Proponent Party responsible for monitoring.: Gilroy Planning Division Monitoring Notes: 1 -10 EMC PLANNING GROUP INC. GLEN LOMA RANCH SPECIFIC PLAN MITIGATION MONITORING PROGRAM REVISED MARCH 13, 2014 18. Prior to tentative map or use permit approval of areas that contain any significant tree(s), a field survey shall be conducted by a certified arborist to determine the number and location of each significant tree to be removed, the type and approximate size of each significant tree, and the reason for removal. These findings shall be included in a written report that contains specifications for replacing significant trees to be removed. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division Monitoring Notes: 22. Project developers shall have a fault investigation performed for each tentative map or site plan approval within the fault rupture zone to determine if there is an active fault located within the fault rupture zone. The investigation shall determine, but not be limited to, the location of the fault (if any), and the anticipated severity of seismic activity of the fault. A copy of the report shall be presented to the City of Gilroy and the County of Santa Clara Planning Office. Project developers shall use the findings of the report for structural design or avoidance of the potential hazard. The fault investigations shall be subject to the review and approval by the City Engineering Division, prior to the approval of tentative maps and /or architectural and site plan approval. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division Monitoring Notes: EMC PLANNING GROUP INC. 1 -11 1.0 INTRODUCTION 23, The speeifie plan shaH be revised to Each tentative map shall include a detention pond or ponds to collect storm water in the case of 2 -, 10 -, 25 -, and 100 -year peak storm events. Detention ponds shall be designed according to the recommendations presented in the Hydrologic Analysis (Schaaf & Wheeler 2005) and should include, but not be limited to the following: a. The pond(s) should be located to collect the storm water runoff from the project site and discharge to eithef MeGutehia or- ,D °°eFveir- Lzfeel_,s the existing drainage corridors and /or the existing outfalls tributary to Uvas Creek. b. Any discharge from the pond(s) should release a maximum of storm water runoff for pre - project conditions (see tables 18 and 19 in the Draft EIR). C. The pond(s) should be sized a total of approximately 8.9 acre -feet to provide for appropriate storm water quantities and filter pollutants for the purpose of water quality. d. The pond(s) shall not replace any proposed preserved open space at the project site, that was assumed to provide as the preserved open spaee provides flood control and water quality benefits modeled in the Hydrological Analysis (Schaaf & Wheeler 2003). Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division Monitoring Notes: 1 -12 EMC PLANNING GROUP INC. GLEN LOMA RANCH SPECIFIC PLAN MITIGATION MONITORING PROGRAM REVISED MARCH 13, 2014 27. Future developers adjacent to Santa Teresa Boulevard, and along internal project arterials, shall prepare a noise impact assessment, by a noise consultant acceptable to the City, to determine if the project would be significantly affected by general plan buildout traffic volumes. If the noise impact assessment concludes that the project would not meet the noise standards of the general plan, the project shall be redesigned to be consistent with the general plan noise element policy 26.03 and 26.05, and with the noise standards in the Guidelines for Sound Attenuation and Visual Preservation of the Santa Teresa Boulevard Corridor Policy. The noise attenuation feature shall be no higher than seven feet above the existing grade at the property line. The appropriate height of the noise attenuation feature shall be incorporated into applicable tentative maps prior to their approval. Noise attenuation features shall be landscaped and primarily consist of earthen berms, and an appropriate funding mechanism for maintenance shall be identified. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division EMC PLANNING GROUP INC. 1 -13 1.0 INTRODUCTION STEP 3 PRIOR TO RECORDATION OF THE FIRST FINAL MAP AND /OR FINAL IMPROVEMENT PLANS 11. Prior to recordation of the first final map within the Glen Loma Ranch Specific Plan area, the project proponent shall ensure that a suitable ownership structure (i.e., homeowner's association or similar mechanism) is established prior to occupancy to take long -term responsibility for maintaining and funding the ongoing management of any open space, woodland, vegetated riparian, or other habitat conservation easements on site. The homeowners' association, or other suitable mechanism, shall be structured so that it is responsible for enforcing habitat protection and maintenance measures to protect onsite biological resources. The homeowners' association may assess fines to property owners who are non - compliant with these measures. Fines assessed by the homeowner's association shall be used for on -site habitat protection, maintenance, and restoration, as necessary. Any noncompliance shall be reported to the City of Gilroy Planning Division and the California Department of Fish and Game by the homeowners association. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division Monitoring Notes: 1 -14 EMC PLANNING GROUP INC. GLEN LOMA RANCH SPECIFIC PLAN MITIGATION MONITORING PROGRAM REVISED MARCH 13, 2014 16. A schematic lighting plan shall be submitted with each development proposal for review and approval by the Planning Division. Exterior lighting for any development proposed adjacent to open space areas shall be of low stature (i.e., 20 feet) and shall be of a full cutoff design or include opaque shields to reduce illumination of the surrounding landscape. Lighting shall be directed away from open space areas. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division Monitoring Notes: 26. Future applicants in the Glen Loma Ranch specific plan area shall prepare a post - construction storm water management plan, subject to the review and approval of the Gilroy Engineering Division prior to the approval of final improvement plans, that shall include structural and non - structural best management practices (BMPs) for the reduction of pollutants in storm water to the maximum extent practicable. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Engineering Division Monitoring Notes: EMC PLANNING GROUP INC. 1 -15 1.0 INTRODUCTION STEP 4 PRIOR TO APPROVAL OF EACH FINAL GRADING PLAN 3. Project proponents shall specify in project plans the implementation of the following dust control measures during grading and construction activities for any proposed development. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Engineering Division: The following measures shall be implemented at all construction sites: • Water all active construction areas at least twice daily; • Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; • Pave, apply water three times daily, or apply (non - toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; • Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; and • Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. The following measures shall be implemented at all construction sites greater than four acres in area: • Hydroseed or apply (non- toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); • Enclose, cover, water twice daily or apply (non- toxic) soil binders to exposed stockpiles (dirt, sand, etc.); • Limit traffic speeds on unpaved roads to 15 mph; • Install sandbags or other erosion control measures to prevent silt runoff' to public roadways; and • Replant vegetation in disturbed areas as quickly as possible. 1 -16 EMC PLANNING GROUP INC. GLEN LOMA RANCH SPECIFIC PLAN MITIGATION MONITORING PROGRAM REVISED MARCH 13, 2014 The following measures are strongly encouraged at construction sites that are large in area, located near sensitive receptors or which for any other reason may warrant additional emission reductions: • Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; • Install wind breaks, or plant trees /vegetative wind breaks at windward side(s) of construction areas; • Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and • Limit the area subject to excavation, grading and other construction activity at any one time. Party responsible for implementation: Project Proponent Party responsible for monitoring. Gilroy Engineering Division Monitoring Notes: EMC PLANNING GROUP INC. 1 -17 1.0 INTRODUCTION STEP 5 30 DAYS PRIOR TO COMMENCEMENT OF GRADING OR CONSTRUCTION ACTIVITIES limited to, the fellev4ffl-og- 1 -15 EMC PLANNING GROUP INC. .. .. _ Y. Y. • • limited to, the fellev4ffl-og- 1 -15 EMC PLANNING GROUP INC. GLEN LOMA RANCH SPECIFIC PLAN MITIGATION MONITORING PROGRAM REVISED MARCH 13, 2014 4 The applicant shall obtain a Santa Clara Valley Habitat Plan permit from the City of Gilroy, prior to issuance of a grading permit. The permit shall include all applicable pro* conditions. Party responsible for implementation: Project Proponent Party responsible for monitoring. Gilroy Planning Division Monitoring Notes: 5. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential nesting habitat (i.e., riparian woodland and oak woodland), a tree survey shall be conducted by a qualified biologist to determine if active nest(s) of protected birds are present in the trees. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. This survey shall be required only if any construction would occur during the nesting and /or breeding season of protected bird species potentially nesting in the tree (generally March 1 through August 1). If active nest(s) are found, clearing and construction within 200 feet of the tree, or as recommended by the qualified biologist, shall be halted until the nest(s) are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting, as determined by the qualified biologist. If construction activities are not scheduled between March 1 and August 1, no further shrike or tree surveys shall be required. Party responsible for implementation: Project Proponent Party responsible for monitoring. Gilroy Planning Division Monitoring Notes: EMC PLANNING GROUP INC. 1 -19 1.0 INTRODUCTION 6. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential roost habitat (i.e., riparian woodland and oak woodland), pre - construction surveys for bat roosts shall be performed by a qualified biologist. If bat roost sites are found, the biologist shall implement a program to remove /displace the bats prior to the removal of known roost sites. In addition, an alternate roost site shall be constructed in the vicinity of the known roost site. Specifications of the alternate roost shall be determined by a bat specialist. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division Monitoring Notes: 19. Prior to commencement of construction activities, the protected zone of any trees or groups of trees to be retained shall be fenced to prevent injury to the trees during construction. Soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and /or dumping of materials shall not be allowed within the protected zone. The fencing shall remain in place until all construction activities are complete. Party responsible for implementation: Project Proponent Party responsible for monitoring. Gilroy Planning Division Monitoring Notes: 1 -20 EMC PLANNING GROUP INC. GLEN LOMA RANCH SPECIFIC PLAN MITIGATION MONITORING PROGRAM REVISED MARCH 13, 2014 STEP 6 PRIOR TO APPROVAL AND ISSUANCE OF THE FIRST BUILDING PERMIT IN PHASE I 30. Add an eastbound and a westbound left -turn lane on the Fitzgerald and Masten approaches to the Monterey Road /Masten Avenue intersection, and change the east -west signal phasing from split phasing to protected phasing. This intersection is within the City of Gilroy's Transportation Master Plan and therefore, impact fees are collected for improvements at this intersection. Therefore, implementation of this mitigation measure is the responsibility of the project proponent, prior to issuance of the first building permit. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Engineering Division Monitoring Notes: 31 The applicant shall design and construct a two-lane roundabout (ultimate condition) Santa Teresa Boulevard and Miller Avenue. The City of Gilroy will reimburse the applicant from the traffic impact fee program for construction of the interior lane, as the mitigation required of the applicant is for only one lane of the roundabout. The design shall be subject to review and approval of the City Engineer and approval of an encroachment permit from Santa Clara County. Construction of the roundabout is required to be completed prior to issuance of the first building permit. Party responsible for implementation: Project Proponent EMC PLANNING GROUP INC. 1 -21 1.0 INTRODUCTION Party responsible for monitoring: Gilroy Engineering Division Monitoring Notes: 1 -22 EMC PLANNING GROUP INC. GLEN LOMA RANCH SPECIFIC PLAN MITIGATION MONITORING PROGRAM REVISED MARCH 13, 2014 33. Convert the Thomas Road /Luchessa Avenue intersection to a one -lane modern roundabout. s Signalize the Thomas Road /Luchessa Avenue intersection, add a northbound right turn lane, and add a northbound right turn overlap phasing to the signal phasing. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit for Phase I. Note: The mitigated negative declaration for the planned elementary school within the specific plan, located on Luchessa Avenue within the Cabernet neighborhood, required implementation of this mitigation measure prior to opening the school. It was required due to unacceptable levels of services during the mid- afternoon peak hour. The mitigation measure requires the school district to pay their fair share of this improvement determined by agreement between the school district and the City of Gilroy. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Engineering Division Monitoring Notes: EMC PLANNING GROUP INC. 1 -23 1.0 INTRODUCTION STEP 7 PRIOR TO APPROVAL AND ISSUANCE OF THE FIRST BUILDING PERMIT IN PHASE II 34. Signalize the Santa Teresa Boulevard /Fitzgerald Avenue intersection and add eastbound and westbound left turn lanes. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase II. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Engineering Division Monitoring Notes: 35. Add a northbound left turn lane to the Uvas Park Drive /Miller Avenue intersection. The project proponent shaft be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase II. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Engineering Division Monitoring Notes: 1 -24 EMC PLANNING GROUP INC. GLEN LOMA RANCH SPECIFIC PLAN MITIGATION MONITORING PROGRAM REVISED MARCH 13, 2014 36. Prepare a traffic management plan of the Miller Avenue street section southwest of the intersection with Uvas Park Drive. The project proponent shall be responsible for preparation of the plan. The plan shall be subject to review and approval by the City staff and constructed by the project, prior to issuance of the first building permit in Phase II. Party responsible for implementation: Project Proponent Party responsible for monitoring.: Gilroy Engineering Division Monitoring Notes: EMC PLANNING GROUP INC. 1 -25 1.0 INTRODUCTION STEP 8 PRIOR TO APPROVAL AND ISSUANCE OF THE FIRST BUILDING PERMIT IN PHASE III 37. Add second eastbound and westbound left turn lanes to the Santa Teresa Boulevard /First Street intersection. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. Party responsible for implementation: Project Proponent Party responsible for monitoring. Gilroy Engineering Division Monitoring Notes: 38 The applicant shall design and construct a two -lane roundabout (ultimate condition) at Santa Teresa Boulevard and Ballybunion Drive. The City of Gilroy will reimburse the applicant from the traffic impact fee pigg am for construction of the interior lane as the mitigation required of the applicant is for only one lane of the roundabout. The desi�rl shall be subject to review and approval of the City Engineer and approval of an encroachment permit from Santa Clara County. Construction of the roundabout is required to be completed prior to issuance of the first building permit. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Engineering Division 1 -26 EMC PLANNING GROUP INC. GLEN LOMA RANCH SPECIFIC PLAN MITIGATION MONITORING PROGRAM REVISED MARCH 13, 2014 Monitoring Notes: 39. Signalize the Uvas Park Drive /Miller Avenue intersection and add northbound and southbound left -turn lanes. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. Note: This intersection would operate at LOS C during the AM and PM peak hours with implementation of this improvement. However, under General Plan Buildout Conditions, the Tenth Street Bridge would be required to be constructed. With the Tenth Street Bridge, this intersection would operate at LOS A during the AM peak hour and LOS C during the PM peak hour with NO improvements, e.g. signalization and lane additions. Therefore, the mitigation measure identified above would not be required under General Plan Buildout Conditions, assuming the Tenth Street Bridge were constructed. One option would be to only add the northbound left -turn lane as recommended in the previous scenario (Background Plus Project Phases I and II) and consider LOS E as an acceptable short term level of service for this intersection. Another option is to implement the mitigation measure above (signalize the intersection and add the left -turn lanes, which would improve operations to LOS C during the AM and PM peak hours), with the knowledge that the signal could be removed once the Tenth Street Bridge is constructed at General Plan Buildout Conditions. Party responsible for implementation: Project Proponent Party responsible for monitoring. Gilroy Engineering Division Monitoring Notes: EMC PLANNING GROUP INC. 1 -27 1.0 INTRODUCTION 40. Convert the signal phasing at the Princevalle Street /Tenth Street intersection from permitted phasing to protected phasing. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. Party responsible for implementation: Project Proponent Party responsible for monitoring. Gilroy Engineering Division Monitoring Notes: 41. If the Thomas Road /Luchessa Avenue intersection was converted to a one lane modern roundabout, add a second lane to the roundabout and widen the Luchessa Avenue Bridge to four lanes. This would result in LOS A during both the AM and PM peak hours. e If the Thomas Road /Luchesssa Avenue intersection was signalized and a northbound right turn lane was added, add a second westbound left turn lane and westbound through lane and widen the Luchessa Avenue Bridge to four lanes. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Engineering Division Monitoring Notes: 1 -28 EMC PLANNING GROUP INC. GLEN LOMA RANCH SPECIFIC PLAN MITIGATION MONITORING PROGRAM REVISED MARCH 13, 2014 wak 43. Add second northbound and westbound left turn lanes at the Monterey Street /Luchessa Avenue intersection. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Engineering Division Monitoring Notes: EMC PLANNING GROUP INC. 1 -29 1.0 INTRODUCTION 44. Add an eastbound and westbound through lane on First Street at its intersection with Santa Teresa Boulevard. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Engineering Division Monitoring Notes: 1 -30 EMC PLANNING GROUP INC. GLEN LOMA RANCH SPECIFIC PLAN MITIGATION MONITORING PROGRAM REVISED MARCH 13, 2014 STEP 9 PRIOR TO APPROVAL AND ISSUANCE OF BUILDING OR GRADING PERMITS 9. Any loss of oak and /or riparian woodland habitat resulting from development shall require the project proponent to retain a qualified biologist to prepare a Habitat Restoration Plan to identify the exact amount and location of affected and replacement habitat, specify an appropriate plant palette, and provide specifications for installation and maintenance of the replacement habitat. Replacement vegetation shall consist of locally- obtained native plant species. Any loss of riparian woodland vegetation shall be mitigated on -site at a minimum of 3:1 replacement ratio, unless otherwise determined by the Department of Fish and Game and the City of Gilroy. Any loss of oak woodland vegetation shall require preservation of on -site oak woodland at a ratio of 3:1 and replanting on -site at a ratio of 1:1, unless otherwise determined by the Department of Fish and Game and the City of Gilroy. The Habitat Restoration Plan shall be prepared prior to issuance of building or grading permits for any activity requiring removal of oak and /or riparian woodland habitat, subject to review and approval of the City of Gilroy Planning Division and California Department of Fish and Game. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division Monitoring Notes: EMC PLANNING GROUP INC. 1 -31 1.0 INTRODUCTION 14. Prior to issuance of grading and /or building permits, the project proponent of any future development on the project site shall submit a Landscape Plan, for review and approval by the City of Gilroy Planning Division. Landscaping plans for areas adjacent to riparian habitat shall include appropriate guidelines to prevent contamination of drainages and their associated riparian habitat by pesticides, herbicides, fungicides, and fertilizers. Landscaping shall include appropriate native plants species and should not include plantings of non - native, invasive plant species. Party responsible for implementation: Project Proponent Party responsible for monitoring. Gilroy Planning Division Monitoring Notes: 20. Project proponents shall submit a soils investigation prepared by a qualified soils engineer for future development on the project site. The recommendation of the soils investigation shall be incorporated into final building plans, subject to the review and approval by the Gilroy Engineering Division prior to approval of any building permits. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Engineering Division Monitoring Notes: 1 -32 EMC PLANNING GROUP INC. GLEN LOMA RANCH SPECIFIC PLAN MITIGATION MONITORING PROGRAM REVISED MARCH 13, 2014 21. The project applicant shall design all structures in accordance with the Uniform Building Code for seismic design. In addition, all recommendations in the geotechnical reports prepared for the project shall be implemented. Structural design is subject to the review and approval by the Gilroy BLES Division prior to the issuance of building permits. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Building, Life, and Environmental Safety Division Monitoring Notes: 24. The project applicant for any proposed development on the project site, shall, for each phase of the development, submit a Notice of Intent (NOI) and detailed engineering designs to the Central Coast RWQCB. The associated permit shall require development and implementation of a SWPPP that uses storm water "Best Management Practices" to control runoff, erosion and sedimentation from the site. The SWPPP must include Best Management Practices that address source reduction and, if necessary, shall include practices that require treatment. The SWPPP shall be submitted to the City of Gilroy Engineering Division for review and approval prior to approval of a building permit for each phase of the project. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Engineering Division Monitoring Notes: EMC PLANNING GROUP INC. 1 -33 1 .0 INTRODUCTION 25. The project applicant shall submit plans for review by, and obtain an approved permit from the Santa Clara Valley Water District (SCVWD) prior to any work within 50 feet of on -site drainages, wetlands or riparian habitat. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division Monitoring Notes: 28. Prior to issuance of a grading permit for all areas within the Specific Plan area, the following measures shall be incorporated into the project plans to mitigate construction noise, subject to the review and approval of the City of Gilroy Engineering Division: a. Construction shall be limited to weekdays between 7 AM and 7 PM and Saturdays and holidays between 9 AM and 7 PM, with no construction on Sundays; b. All internal combustion engine -driven equipment shall be equipped with mufflers that are in good condition and appropriate for the equipment; and C. Stationary noise - generating equipment shall be located as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Engineering Division Monitoring Notes: 1 -34 EMC PLANNING GROUP INC. GLEN LOMA RANCH SPECIFIC PLAN MITIGATION MONITORING PROGRAM REVISED MARCH 13, 2014 45. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included on any permits issued for the project site, including, but not limited to building permits for future development, subject to the review and approval of the Gilroy Planning Division: If archaeological resources are discovered during construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division Monitoring Notes: 46. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 15064.5(e), subject to the review and approval of the City of Gilroy Planning Division: If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a EMC PLANNING GROUP INC. 1 -35 1.0 INTRODUCTION 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. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division Monitoring Notes: 1 -36 EMC PLANNING GROUP INC. GLEN LOMA RANCH SPECIFIC PLAN MITIGATION MONITORING PROGRAM REVISED MARCH 13, 2014 STEP 10 PRIOR TO APPROVAL OF COMMENCEMENT OF CONSTRUCTION ACTIVITIES ASSOCIATED WITH THE RESERVOIR CANYON CREEK BRIDGE 10. Prior to commencement of construction activities associated with Reservoir Canyon Creek Bridge, the project proponent responsible for construction of the bridge shall arrange for a qualified biologist to monitor bridge construction activities to ensure there are no impacts to wetlands and associated oak /riparian woodland habitat. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division Monitoring Notes: EMC PLANNING GROUP INC. 1 -37 1.0 INTRODUCTION STEP 1 1 PRIOR TO APPROVAL OF THE FIRST OCCUPANCY PERMIT 50. Residential fire sprinklers shall be installed in all residences within the specific plan area over 3,000 square feet, including single - family and multi- family town homes or apartments, and residential clusters with more than 25 units that lack secondary access. Residential fire sprinklers shall be installed prior to occupancy. Prior to approval of future development projects within the specific plan area, the City Fire Marshal may require that all residences have residential fire sprinkler systems, regardless of conditions stated above, especially if streets are narrow, buildings are closely spaced, emergency response time is not met, there is inadequate fire flow, building are adjacent to natural areas, or other conditions exist that could hinder the ability of the City of Gilroy Fire Department to perform fire suppression acts in such case they would be needed. The sprinklers shall be designed and installed in accordance with City of Gilroy Fire Department policies. Party responsible for implementation: Project Proponent Party responsible for monitoring. Gilroy Fire Marshal Monitoring Notes: 52. The Glen Loma Ranch Homeowner's Association shall take full responsibility for management and maintenance of the preserved open space areas within the project site. Seasonal vegetation management should be scheduled to occur at the end of the rainy season and consistent with the annual weed abatement resolution. The HOA should implement any vegetation management in the Preserved Open Spaces and Fuel Transition Zones at the beginning of the weed abatement season. This language shall be included in the HOA conditions, covenants, and restrictions. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division 1 -38 EMC PLANNING GROUP INC. GLEN LOMA RANCH SPECIFIC PLAN MITIGATION MONITORING PROGRAM REVISED MARCH 13, 2014 Note: Mitigation measure 29 is not the responsibility of the project proponent. Monitoring Notes: 29. Lengthen the existing southbound acceleration lane at Castro Valley Road as an auxiliary lane between Castro Valley Road and the off -ramp to Highway 25. The combined acceleration /auxiliary lane would extend the nearly 2,000 feet between Castro Valley Road and the off -ramp to Highway 25. This intersection is outside of the City of Gilroy's Transportation Master Plan and therefore, impact fees are not collected for improvements at this intersection. Therefore, implementation of this mitigation measure is the responsibility of the County of Santa Clara. Party responsible for implementation: County of Santa Clara Party responsible for monitoring: County of Santa Clara Monitoring Notes: EMC PLANNING GROUP INC. 1 -39 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2014 -19 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 19`h day of May, 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 21 st day of May40) 4. Shabv reels, MMC City Clerk of the City of Gilroy (Seal)