Resolution 2014-60RESOLUTION NO. 2014-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY REVISING CONDITION OF APPROVAL
NUMBER 21 FOR ARCHITECTURAL & SITE REVIEW
APPLICATION AS 13 -26 FOR THE HARVEST PARK
RESIDENTIAL PROJECT PHASE II
WHEREAS, on September 19, 2013, The James Group, submitted an architecture and
site review application ( "AS 13 -26 ") for planned unit development review of the 57 -lot Harvest
Park Phase II single - family subdivision; and
WHEREAS, the subject property is located west of Monterey Street, and north and south
of Cohansey Avenue (APN 790 -06 -029 and 030); and
WHEREAS, on January 6, 2014, the City Council approved A/S -PUD 13 -26 and
adopted Resolution No. 2014 -03, which is attached hereto as Exhibit "A" and incorporated
herein by this reference; and
WHEREAS, Resolution No. 2014 -03 contained 63 Conditions of Approval; and
WHEREAS, Resolution No. 2014 -03 contained Condition of Approval Number 21
( "Condition 21"), as stated below:
Condition #21:
The affordable components of Harvest Park Phases I and II shall be f haled for occupancy
prior to the issuance of the building final of the twenty -first (21st) unit of Harvest Park
Phase II.
and;
WHEREAS, Dennis Lalor of South County Housing requested a modification to
Condition 21 because he stated that it was infeasible to obtain financing for Harvest Park Phase
II with the current language; and
RESOLUTION NO. 2014-60
4834- 2339- 9712v2
JH104706089
2
WHEREAS, the City Council held a duly noticed public hearing on November 17, 2014,
and considered public testimony, the Staff Report, and other documentation related to South
County Housing's Request to modify Condition 21; and
WHEREAS, the City Council of the City of Gilroy has considered the proposed
modification to Condition 21 in accordance with the Gilroy Zoning Ordinance, and other
applicable standards and regulations.
NOW, THEREFORE, BE IT RESOLVED THAT:
SECTION I
The City Council hereby modifies Condition 21 of Resolution No. 2014 -03 to read as
follows:
Condition #21:
Prior to obtaining occupancy final on the 21 st market -rate single family dwelling unit and
prior to building permit issuance of market -rate units 22 through 57, the developer shall
comply with the following requirements:
1. With respect to 32 deed restricted, for -sale townhomes on the 2 -acre parcel (final
map lot 92 of Harvest Park phase I), the developer shall have started construction and
poured all foundations; half of the units shall be constructed to the point of the framing
inspection (i.e. the mechanical, electrical, plumbing, roof shear and framing prior to
insulation and sheetrock shall be complete).
And
2. The developer of the affordable apartment project on the 3 -acre parcel in Harvest
Park phase II (tentative map parcel H) shall complete the following:
4834 - 2339- 9712v2
JH104706089
a. Record a City of Gilroy deed restriction that restricts 100% of the units
(less the manager's unit) to tenants with incomes less than 60% of area median
income;
b. Record a construction loan financed with tax exempt bonds (allocated by
the California Debt Limit Allocation Committee, or other such bonafide tax
exempt bond financing authority or entity);
RESOLUTION NO. 2014-60
3
C. Obtain a reservation of low income housing tax credits from the California
Tax Credit Allocation Committee and sign a partnership agreement with the
limited partner investor who will have funded at least 15% of its equity
investment;
d. Obtain building permits; and
e. Sign a construction contract and issue a notice to proceed to the general
contractor.
SECTION II
The City Council of the City of Gilroy only modified Condition 21 of Resolution No.
2014 -03, as stated above. All other terms and conditions of Resolution 2014 -03 and A -S/PUD
13 -26 remain in full force and effect.
PASSED AND ADOPTED by the City Council of the City of Gilroy on this 1St day of
December, 2014 by the following roll call vote:
AYES: COUNCILMEMBERS: ARELLANO, AULMAN, BRACCO,
LEROE- MUICTOZ, TUCKER,
WOODWARD and GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
ATTEST /., „
Shawna Freels, City
4834 - 2339- 9712v2
JH104706089
� J4. �� -
Donald Gage, Mayor
RESOLUTION NO. 2014-60
1 EXHIBIT A
RESOLUTION NO. 2014-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A/S-PUD 13-26, AN APPLICATION FOR
ARCHITECTURAL AND SITE APPROVAL OF THE HARVEST PARK
PHASE H SUBDIVISION ON APPROXIMATELY 17 ACRES LOCATED
W-yT T4-ax- TITE HARVEST PARK ]DEVELOPMENT, WEST OF
V 0 -TEREY STRIZ-10 AND NORTH AND SOUTH OF COHANSEY
1
A7.T-,N-,JE, APINS 790-06-029 AND 030, THE JAMES GROUP, APPLICANT
W-HEREAS, The .lames Group sWbmitted application AI.S-PUD 13-26 requesting
T—�
residential lots ("the Proiect') on approximately 17 acres, on AP N 790-06-029 and 030, located
WeSt Or JVionttrCy L3L!0CL dnU LIUI_Ui dUU SUUW iii UAV WLulu %,UILd"bry ^Vvuuv �xm abivii2 a"U
-.1 A:-- -4AF a -
!VWr1'5'P I -j , , .1 — N- nT,--nArr-_ a nn n— n VTIrl
A q
housing exemption, RDU- 1-i-E 13-02, for a project at this site on D=inber 2, 200 3; and
pr r & 4z
ii— On —k T -r
C -of c-d n-
llj� .1 !��A-i - k — - -�, a Guly n d. ub he t-
21, 2013 at which turne t—he Plwn— - rn C, im - r,� 0
r.;-n amni Zin
�---n mrmideredd the pull-lic te-st"t. o EK he staff f-e-,mrt
I . A -T- — ?q-, - 4 S-Aw -1-1 All, --J -11 -fl-- A
�` - . 1� I a hl'! 1111161 0 1-1 M' 1 1 tall Repo. ilocumlentecion
LUICLI IN 0 VCHWU Z r 1. 55 OAT
P! P,-cA fn n nnl: A -2-mT, - or, A /R
With amendinentS to conditions 15 and .4 1, and the addition ot conditions 22 and.2-1; and
A rrt --fj ?-d a duly --tked p-11161— lr---�rtg on D4E,ce ber
r"
of,
considered the nubile testimony. the Planing Corr—mission Staff Report. a supplemental staff
Ai� -1i �M— LA-ePOITU �2� ail OL11C.1 LICCulnernadon"
repoft ed
I
XXrWT?D U A C +I,- f-1,+- rej,,-eq --A t-':+- SZ+ fr +- of anDrUvall
4. gt 11
the Project, -incorporating all of the recommended condition changes proposed by the Planning
--A i3AA;+;--.l f 11 7,nfl
RESOLTMON NO. 2014-03L
Item VI.E. - Resolution A/S 13-26 Harvest Park
2 EXHIBIT A
WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "), the City
Council considered an addendum to the negative declaration, prepared for the Project in
November 2013, and modified Mitigation Measure Number 27 to allow for a one -foot elevation
Increase above the existing ground level to mitigate potential flood risks, since the Council
determined that requiring a one -foot elevation increase is equivalent mitigation to requiring a
two -foot elevation increase; and
WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA " ); the City
Council determined that the "Harvest Park Annexation and Residential Subdivision Project
er:Y.a s�ecga;ation," adopted. in March 2007 with 41 mitigation measures that will substan dally
Z - -_ ,
les3e:: identified potential significant effects a point where no significant impacts will cccur,yyis
PTT4,t.., AT tl e Y3Yt inns -M TSri3iect_ a he Prolec . is LuerelbY
YC
lam. __.. L A n ]� PY't! wfV3
determined to i Qnipiy V � h 4 1✓QA r cq .reme ts,
'WHEREAS. the location and custodian of the documents or other inat¢rials which
nt�T.C1`9?7B ?c! the rer;nr' „f -n eedi gs upon which this Protect approval is, based, is the ofir-ic . o to e
City C=°rk.
N () W, 1 Yit;lCtJ. Uf(r' t3C l i 1CGJ V L V r i> i k” i
SECTION I
The City Council hereby adopts the findings as required by Zoning Ordinance
Section 50.55 based upon substantial evidence in the entire record as summarized below:
1. The project conforms to the Gilroy General Plan in terms of general location and
standards of development, in that the project is located in an area that is designated for
residential development and the proposal meets or exceeds the development standards.
2. The project provides t,.he _type of developineiit that will fill a specific need of the
surrounding area, in that a two housing types are proposed that will assist the city in meeting its
housing goals.
RESOLUTION NO. 20-14-03
Item VI.E. - Resolution figS 13 -26 ..
'. -
3
EXHIBIT A
3. The project will not require urban -services beyond those that are currently
available, in that all such services are currently available at the subject property.
4. The project provides a harmonious, integrated. plan that justifies exceptions, if such
are required, to the normal requirements of this - ordinance, in that the project conforms to the
requirements of the "Neighborhood District Policy," which requires a harmonious and integrated
plan.
5. The project reflects an economical and efficient pattern of land uses, in that the
land plan proposes a clustered compact development plan layout.
6. The project includes .greater provisions. for landscaping and open space than would
generally be required, in that the proposed development includes greenways along Cohansey
Avenue and Church Street and the applicant will donate S50,000 to the City, which may be used
to fund improvements to the park adjacent to Antonio del Buono School.
7. The project utilizes aesthetic design .principles to create attractive buildings and
open space areas that blend with the character of surrounding areas.
8. The project will not create traffic con, gestion, noise, odor or other adverse effects
on surrounding areas, in that the project is designed so as not to create any traffic congestion,
noise, odor or other adverse effects on surrounding areas; and
9. The project provides adequate access, par -king, landscaping, trash areas and
storage, as necessary.
SECTION II
Application A/S -PUD 13 -26 is hereby approved subject to the conditions of approval set
forth in Exhibit "A" attached hereto and entitled. "A/S 13 -26 Harvest Park Final Conditions of
Approval ", and subject to the Mitigation Measures in the Mitigated Negative Declaration and the
Mitigation Monitoring Reporting Program attached hereto as Exhibit "B ".
SECTION III
This Resolution shall take effect only if, and upon the same date that Resolution 2014 -02
takes effect approving Tentative Map application TM 13.06. If said Resolution does not take
effect, then this Resolution shall be null and void without further action by the City Council, and
RESOLUTION NO. 2014-03
Item VI.E. - Resolution A/S 13-26 Harvest Park
2
EXHIBIT A
application A/S 13 -26 shall be deemed denied.
PASSED AND ADOPTED this 6h day of January, 2014 by the following roll call vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, ' LEROE- MUNOZ,
TUCKER, WOODWARD and GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: AULMAN
APPROVED:
Donald Gage, Mayor
ATTEST:
Shawn Freels, City Clerk
RESOLUTION NO. 2014-03
Item VI.E. - Resolution A/S 1'3 -26 Harvest Park
A/S 13-26
Harvest Park
Final Conditions of Approval
PLANNING DIVISION CONDITIONS
1. Placement of mail box structures shall comply with the Post Office requirements and
shall be subject to the review and approval 'by the Post Office and the City Public
Works Department, prior to approval' of improvement plans. 'If modifications to the
tentative map would then be required,. the applicant will apply for a modification to
the tentative map.
2. Landscaping: The applicant shall landscape the front yards of each home. Detailed
! andscaping plans including specifications for an irrigation system shall be approved
�! fkp, i -rrl ng Dsvision in accordance with the adopted Consolidated Landscaping
Policy and Zoning Ordinance section 30.30.10 et. Sec., prior to issuance of a
iP41..! AIA fllJ SLfa!B!!A q AIT° !�9..l.'1.UZU 119 c[A .`4. i.�i.ii i.rly v�v i- ii- .i(v]vlviS! Piiuii eT:Jll P9SAl1 a '.J 4T !14•AL1Sl-
II
.. .. ..� r-...... _. .... .../....:� ., . - aril. .ays . as • v.aavu),
! ! ^ _=!, , J etnutt nridl ine ai n w
pleu
Consolidated Landscaping Policy and the approved specific landscape plan.
V ! Ct L [i tt Trt�aSPiF!p I /�P�83 9!8!2'SdQr -'i %El TrF+4•? n�uu sA! ♦�r�i. n g ct @
...'1'i .�v �''ria+�i'�ir .�7i�izii9 1.0 WIV ai 3WV YY111�JVYY Ll !ill, a�llu li'1 j,. a1IW or CJ II'ICI �rlrl liL�ilr!liral
amenities on the windows along the side and rear, elevations on every home within
11.IW JUUtI1Y1.�1U11.
4:. All fences must meet the requirements of City Code Section 30.34.30.
5. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward
from the site toward any residential use or public daht- of -way. This is subject to the
rPMew and aQoroval of the pla�n m - DhAsb
_ A as nn:. ir - -_
6. Building Colors shall be earth tnnec c1_ihiprt tca than ravilmw and annmval of tho
- �!- - _
Pinn i-no lt:vi .qi
7. All twn_e--ar namngc 4mhgll ha on fg_0_t %AAeiio_ v on fmf Inno4 . nL °Mr e%f M ^T ^hv-i�no -N--�:
mpas2llroad fmm thda intarinr Af tti= n-mr'ca•Yd anri L+AcaAar : f fkm .1r4n n.ww•�•.d
_..__- __..__ - -_.,.. -,_ ...__......- _- _.., s. fir-= �a ..z. a.s .r.wa -. •... c +s tiaa �sc.a ..�veswY 4Y
accommodate door siring.
R Ar%r%rr+5ieL1 of A/C 44._!)LS G.n n..i5:.a.a+ ;.. 4L.w ..1:•.
7 .c
s — -- .... e...*.+. a:r ae!'.. .�:v.rray.aE it l�.v5ry 8:e ec sa�pl0..+YCs!
Development Ordinance housing Exemption application RDO HE 13-02 and
TT- -4- +::.t.. 11 A...a .. ..I:....a:...- TA A w n n0 .
ce A.c:.!l.rG IVAQLV r!�iM 11 �!.'S!! 9 ° 4Y9 1
9. This project shall conform to the plans prepared by Hanna Brunetti, dated October
0 :.?ir a:! r L:are!! l -rr5! A. ar• "n: n.. r -I% °s •. " ... y�
. v w .5+ vas. aali i v! v,��, CO- vuivi� �i+i.7i II I al./4! 1 V, E.V 1 J, QI IV a7r�111FJC"iU �P9F/ /IUYiriU,
.s !Tara. r r r !cart ar en i �t'n !.!I_ e�_ �a sass r!ae esa r �enea, i w
v�vvra .. i. ia3a3ill.+v rv'Y •I l�- vl Li tirl9u!wi! v aNpirvval v, inns application anc the
conditions of approval. The colors and materials shall conform to the colors and
I IIgtCi lQla�9 JtJal NrcpdiCU i�iy uahliri l7foup anu stampea �-iipjJroVeClp by the Planning
A/S 13 -26
item VI.E. - Resolution A.lS 13 -26 Harvest perk
2
Division.
PLANNING DIVISION SPECIAL. CONDITIONS
10. Install a minimum six (6) foot sound attenuation fence (at least 20 kilograms/square
meter) along all rear yards of those lots- abutting Cohansey.
11.. Landscaping in front of the sound- attenuating fence shall be installed concurrently
with the fence. Both the fence and landscaping shall be completed prior to building
permit final for homes adjacent to the fence.
12. The homeowners' association shall maintain the sound- attenuating fence and the
landscaping in front of the sound - attenuating fence.
1.3. The developer shall install a minimum .six (6) foot high sound attenuation fence (at
least 20 kilograms/square meter) along all rear yams of those lots abutting
Cohansey.
14 -The lomeowners' association shall maintain ail private parcais, alleys, and common
area landscaping within this subdivision.
i 5 . I he P., ed woou n sound fences adjacent to roadways, whether public or
vf:,pafa, as all be decorative and constructed of a masonry material.. Specifically, such
- - -_- `i','' -_y• uS.0 ' u B 90� io ts within the subdivision that back onto or are
-- I
- =ng. _m-04 a street. e:i addition, landscaping shall be placed between the masonry
U a- andering siac°.wauk aiong 'vo ansey Avenue. i roe aetallis of
+. - - - -. • ..+•vv+.J avu.:v ie:.4 Iu.14•A1iU�./AAA'� a1aQl1 t�'/a —i VJVVE..WUU,€J3l Ulu Gi,:i3imAilli at iilz imIEC Ul
r c c`.: +j .:: ;.: i .i is jriu7 i :auviiiiiicii. ci ao Divan uc Iu i :a aai a!a%IiGfif VI B ! l 'i4ili 1!!li ill
svia€ ac g r.
• - • - • - -• • ---- .. .... w .L v: iw:i vv:. :aver i✓utii� CAI i '-®ai 1 i &U=L 11U1,11 4116 l i f VaCU
r
pwwperly iia ie. i as appaiicarit snail amend. wie setback chart included in
the prf3ieC:Z
e ACa;vi. dada !11 lai ae!TjalsA" gel 1U =1 JZ'Ul t:: Ul at i..BuFnCS are i:(7.Asuu ie; in
vvi i iNiaui ivy. rnu L LI:G ql..l IGI 14JGaJ .7G1U04115.
_ _
... ....... .... r.. .......,U, . 4. A .ce r v as v c+7v puv t 9a'l8:aat,vs �: l=ZbZ U 10$ : 1 U lCCG.
•• ••.••.• .......:...a,a.J. v ..rA Avon ✓�. ;iiaaawv ca:va a� -
.� Al v� i cn, jai US i.r� ujacv iy i1l =iu, auV[ ! ie la1S
u Visuai screen is provided between these nomes and the lots south of this site. T he
11 VV
1 eA, ew a�ciic3 .^?r llaii ii-6 ie iCie,iG6G 0--1 ale :.i6ifiUsGaDIng pian. and s^aif be sijbiect
to review and approval by the Manning Division prior to building permit issuance.-
:c. i i.e duiuidiun bashes shaii have a maximum sinner ni:i,1 anti a mmyirniim Aamth nf'Z
f6et-
19. The developer shall provide the foilnwina amemltiac in this nrniAC4-
1A% tru nnn nnnir�i/�A r�inn �� ii�w wwnli ...Iiww:.:J 'i:. r\ -I !"f.. n_-L_ -' i_ _ _n.•
A/S 13 -26
Item VI.E. - Resolution A/S 13 -26 Harvest Park
3
20 (A) for alternate uses of these funds);
(B) A piece of public art along Cohansey Avenue (see condition 20 (B) for
processing requirements);
(C) 60 -inch box oak trees .along Cohansey Avenue, consistent. with the
conceptual landscaping plan; and
(D) Photovoltaic (solar) systems on all homes within the subdivision.
20.The developer shall enter into an agreement with the City to:
(A) Donate $50,000 for the future City park located at the southeast comer of
Vickery Avenue and Wren Avenue. If the City determines that the $50,.000
donation is not needed to complete park improvements at the site, the funds
shall be used for another public amenity as determined appropriate by the
City, and
M' Ea ���4E �91n niarc of r��e4!!n
_a' �..
.O tg Cohansey Avenue. Design and
------ be subject to the review of the City's Public
A1s Co —ittee and approval by the City's Arts and Culture Commission.
iii iiii 0 Its a \rb -01161(- 111 -- 4-11 k' 1 a,LI iii lit ill
;4–tanvesi Fark Phase it.
•'a V i° J iidif i ce6Gsig§ -§ I ;'OPi 'LU �i i
a7%AW11 Gal
i. ►�v �7�.vi i} ii ov �Arrliv�it§L 349 11 i6 i3iQi�i
ae- 3s1scelpii 1y ci: si- iMgation In the rnediEan along Cohansey Avenue, ii requested ov
v ay aw Vl ovia. VLGI1 VI IG111 UI'G�7GI Il VF LN%J[ 11a Qi L-J. 4flt '§.! 1r�711 VAS Ii D UM, %_411V _- I i IGH iRif
..v11: vi:ic:rivi l aaitu �l�rfr §:ivae nS f✓a1 i VI U 113 diFoNtectuFai al-16 ME; rev'le- b applicallun.
pniaie�aiav�ei epi a!ry _ciie��c
i i t16 ciiou -' i i by rRAE Aji.RES, which are comalnea wltnin Ire applicable
environmental documents as discussed shoves; hm.narpri fll lr-i innf fn ti,® (z'31ifcrhian
Er@1!l! "!T°??r3!a! O!e'3![ r YL'T- fir!^ aq 1ti !l1 *fP^ !" ^E?O. linnn rhfmnnalz - :r`1 §4�aia':L+
regulations. are included as conditions of approval
24. Subiect to the re% iew an�i an�rr�yal pf thA plgnnin �1i�ncinn ncv�, c1.1t. cur ti ±+i.?L
4`bnfl ha eiiPPc®fi nr%L ® and Ama;r -n®el uYaA ir, ;+• 11.4 41, _�.arla;;.�
25. The project shall comply with applicable Gfty Genera! Plan p3i es and avtions
26. The project applicant shall specify in project. plans the implementation of the Jiil GUSL l.V1IUVI IIICQJUI.C� UUIIIIU I,�1e�('l1iH,,l irlflf] m- nsTlllf_flon adivi ies m The.
,- oposea project. i ne measures shall be implemented as necessary to adequately
control dust, subject to the review and approval by the City of Gilroy Eric 6 rina
4
Division. The following measures shall be implemented:
is Water all construction areas at .least twice daily;
'• Cover all trucks hauling soil, sand, and other loose materials;
is Apply clean gravel, water, or non -toxic soil stabilizers on all unpaved access roads,
parking areas and staging areas at constructions sites;
• Remove excess soils from paved access roads, parking areas and staging areas at
construction sites;
• Sweep streets- daily (with mechanical sweepers) if visible soil material is carried
onto adjacent public streets;
• 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 miles per hour,
• Install sandbags or other erosion control. measures to prevent silt runoff to public
roadways
• Replant vegetation in disturbed areas as soon: as possible;
• Install wheel washers for all exiting trucks or wash off the tires or tracks of all trucks
and equipment leaving the construction site;
!£tsil °.rid breaks at the windward sides of the construction areas;
4:ispe, excavation and .grading activities when wind (as instantaneous gusts)
exceeds 25 miles per hour;
•• _ _ -_ ".a iiF '' F - -- " 5.4 FZ i % - +fr,- 4 rya a iF!F Ti'S S`2 YY? "'F°F 3t - sSf4$ A. I% —, "
.:...: ..� °.a .::.::...+.....+:.y:. vya+irrufartfi s icali iw� ana.`�'�u fir fififfuaaS;
• ! i it the hours of operation of healy duty equipment and /or the amount of on
equipment in use;
AU lWgUipii V L j 10H uc properly lu6!Cl! Cll!t% i— !1a1111Q111eU Irl c1(:Wt�1aI11:E3 wlLf) LlSe
manufacturer's specifications;
When feasible, alternative fueled or electrical construction equipment shall be used
for the project site;
• Use the minimum practical engine size for construction equipment; and
-Gasoline-powered equipment shall be equipped with catalytic converters, where
feasible
27. Focused plant surveys should be conducted for Hoover's button -celery in July and
IPaAnQre between April and June. If these species are not observed during the
focused surveys, they can be considered absent from the project site. if they are
c se:s�ed, they should be mapped and impacts to the population(s) from the
mr -nne=A
.::!......... !n. rvSeG..! v$ . `9" ...vv, i llfl�rcf•.aa an .i . , -g ti-
I iais [.�'ci� i:9 1..!Crad -If---
plan should be developed in consultation with CDFG that may include population
A V ilecli99�.i:- �Yl f� i A �1r•i,ti�ii Aid : iri3i'i.n A irin �intii-ir nthGar meb�sci iroc r^ min:rn:`� Lea
— — �. � r•�. --•T —• M. VV aV ..°.° .lV
dT FaY4i iVi/'i rfic: #iu.'11�a sinr_s en i+�fl��.•9. .6....8 o_ ♦L_ 1-!_i
w. un.A- _! v °ul I! mj u = J=am °:::.V,
( eoria�f ^s 1 o august i ), a qualified biologist shall conduct pre - construction nesting
bird surveys within 30 days prior to the onset of any construction activity. If white-
tail leitp InnnarhAMnA &kr4Lre r` Iaf rni.� homed Iw ... a �+ !..'....:
ed , ��.�. v VuV VI 1111 \V, Califoi11110 1 ivi 11ed �a .*, O! any other 'bird specie
A/j 13 -2d
Item VI.E. - Resolution A/S 13 -26 Harvest Park
5
protected under the Migratory Bird Treaty Act and Fish and Game Codes are
observed nesting on or near the project site, an appropriate buffer zone shall be
established around all active nests to protect nesting adults and their young from
construction disturbance. Buffer zones shall .be determined, in consultation with
CDFG based on the site conditions and the species potentially impacted. Work
within the buffer zone should be postponed until all the young are fledged, as
determined by a qualified 'biologist. Currently, CDFG requests a 300 -foot buffer for
nesting raptors such as white- tailed. kite, a 100 -foot buffer fo.r special- status
passerines such as loggerhead shrike, and a. 50 -foot buffer for all other native bird
nests (Johnston, pens. comm.). To accommodate nesting raptors, pre-construction
surveys should include all land within 300 feet of the edge of the site:
29.A qualified burrowing owl biologist shall conduct a burrowing owl' pre - construction
survey within 30 days prior to initial ground disturbance or construction activity. The
qualified burrowing owl biologist shall survey the entire project site. and. a 250400t
buffer to determine presence or absence of the species.
(A) If burrowing owls are observed on the project site outside of the breeding
season, an experienced burrowing owi biologist. - may use passive
relocation to ,prevent take and ensure burrowing owls are not present. on
the project site for construction and grading - activities. A qualified
burrowing owl biologist shall do all exclusionary device installation and
subsequent monitoring. Passive relocation should be performed in
consultation with CDFG.
(B) If burrowing owls are occupying the project site during the nesting season
(Feb,-gal 1 through August 1), nest burrows shall be avoided by setting
nx,dusion area around. the nest burrow (CDFG 1995) and
"L, shall be contacted for guidance. The active nest shall be monitored
'_ 5 ensure ur? consLructiora Ct "lit,' does not diW� + the nesting o IS 01 cause
• - ..,..,... ... .. ... . : iii i Li iv `vvE.ivi A.oiiv aliaaii ivy '/o.'7LWW1 IG4 U11L11
all the young are independent, as determined by a qualified biologist.
C 1FG may require a detailed mitigation plan that includes passive
.U.;Dcauon aiaar in's young haves tietagaa anici inaiiiiirnance OT Occupied
habitat offsite in perpetuity.
.iv.:I -% aiaa assaaarn ant 7vi Lo i o biidu uC pedutm d according to current protocoii wnlcn
involves submitting specific information in a report to the USFWS (USFWS and
DF%G .2003). Based on the results of the site assessment, the USFWS will
determine if the site may provide habitat for CTS and whether further surveys are
necessary. If the USFWS no longer considers the site to be appropriate for* CTS;
they l r; ruYEher actions are required. if the USFWS reouires focused surveys
according to protocol, two consecutive years. of drift-fence studies are needed to
support a negative finding (USFWS and CDFG 20031 If %TC are r%mea f -a tn�a
- :
r'.grrii a�� e e((��i . ¢ +� �i �erep/d.� 3 n �--in, :nm �y gg. •--I % - -n
NL'i is iEa .31:9 r1a 5.3.P SA'VLA liil'C'ai. L�VC :I�tI •Yt11i�F3� 6i iL.iJCdC�.':1 Fi,�i:5 x.EE EE E33
occupied CTS lands in perpetuity.
A/S 13-26
Item VI.E. - Resolution A/S 13-26 Harvest Park
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31. Within 14 to 30 days prior to construction., a qualified biologist shall conduct a
ground survey for American badger dens. If dens are present, the qualified biologist
shall determine if they are occupied by studying recent sign or monitoring for tracks
using den dusting techniques for three consecutive days. If active dens are present,
CDFG shall. be contacted for permission to excavate and passively relocate the
badgers. Note that.CDFG may not approve excavation of active natal dens, which
could be avoided by constructing in the late .summer or fall under the direction of a
qualified biologist.
32.A jurisdictional wetland delineation sfiall be conducted, and verified by the Corps, to
determine the presence and extent of jurisdictional wetlands and other waters on the
project site. If jurisdictional areas are verified on the .project site, and these will be
impacted by the proposed project, a Corps, permit (and subsequent 401 certification)
would be required. In addition, if a bridge is built across Llagas Creek, and any
portion of the bridge falls within CDFG jurisdiction (e.g., below the top of bank of the
Creek),. a Streambed Alteration Agreement would be required. Any impacts to
jurisdictional waters that, may occur as a result of the proposed project would be
reduced to less -than- significant level's by following the terms and conditions of the
Corps permit, 401 certification, and CDFG Streambed Alteration Agreement, if
required.
33.If prehistoric or historic period materials are discovered during grading or
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
(Gilroy General Plan Policy 5.07).
34. 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
A/S 11 -26
-gym VI.E. - Resolution A/S 13 -26 Harvest Park
. x�
7
acceptable to the landowner.
35.The project applicant shall submit a soils investigation prepared by a qualified soils
engineer for the proposed project. The recommendations of the soils investigation
shall be incorporated into the final building plans, subject to the review and approval
by the City of Gilroy Engineering Division prior to approval of building permits.
36. The project applicant shall design all structures in accordance with the California
Building Code for seismic design. Foundation design should include. the use of
structural mat or post: tension slab foundations, -rather than conventional spread
footings. Structural design is subject to the review and. approval. by the City of Gilroy
Engineering Division pnorto the issuance of building permits.
37. The applicant shall prepare an erosion -and deposition control plan detailing
appropriate methods of erosion and deposition control during grading, construction,
and operation of the proposed project. The erosion and deposition control plan shall
be subject to review and approval by the City of Gilroy Engineering Division prior to
the issuance of building permits.
38.As required by General Plan Action 254, the applicant shall prepare a site - specific
soils report for the proposed project which includes laboratory testing. of on -site soils
as well as design criteria for building foundations, basement walls, roads, and other
structures to mitigate impacts associated with expansive soils. The soils report shall.
be subject to review and approval by the City of Gilroy Engineering Division prior to
issuance of building permits.
39.The project applicant shall, prepare a detailed Flood Management` and Mitigation
Plan (FMMP), subject to approval by the Santa Clara Valley Water District (SCVWD)
and the City of Gilroy.
40. Prior to issuance of a grading permit, the applicant shall submit a Notice of Intent to
the Central Coast Regional Water Quality Control Board to obtain a General
Construction Stormwater Permit for the project. A Storm Water Pollution Prevention
Program (SWPPP) shall be developed in compliance with this permit that achieves
the following four major objectives.. The SWPPP shall also be submitted to, the City
of Gilroy Engineering Division prior to issuance of a grading permit.
• Identify pollutant sources, including sources of sediment that may affect the
quality of storm water discharges from the construction site.
• Identify non -storm water, discharges.
• identify, construct, implement in accordance with a time schedule, and maintain
Best Management Practices (BMPs) to reduce or eliminate pollutants in storm
water discharges and authorized non -storm water discharges, from the
construction site during construction; and
• Identify, construct, and implement in accordance with a time schedule, and
assign maintenance responsibilities for post- construction BMPs. These
A/S 13 -26
Item VI.E. Resolution A/S 13-26 Harvest Park
8
measures would be installed and implemented during construction to reduce or
eliminate pollutants after construction is completed.
41.The first floor of all buildings shall be constructed a minimum of one foot B.F.E.
above existing ground level to reduce flood risks within Zone X designated areas.
42.The following language shall be included on all permits issued for this project,
subject to the review and approval of the Building Division: "All construction activities
shall be limited to weekdays between 7 :00 a.m. and 7:00 p.m. and to Saturday
between 9:00 a.m. and 7:00 p.m. No _construction is allowed on Sundays or City
Holidays."
43. All construction equipment. engines shall be property tuned and muffled according to
manufacturers' specifications.
i
44. Noise construction activities whose specific location on the site may be flexible (e.g.,
operation of compressors and generators, cement mixing, general truck idling) shall
be conducted as far as possible from the nearest noise - sensitive land uses, and
natural and/or manmade barriers (e.g., intervening construction trailers:) shall be
used to screen propagation of noise from such activities towards these: land uses to
the maximum extent possible.
45. The use of those pieces of construction equipment . or construction methods with the
greatest peak noise generation potential shall be minimized. Examples include the
use of drills and jackhammers.
46.. Barriers such as plywood structures or flexible sound control curtains shall be
erected along the western edge of the site to minimize noise exposure to the
residential uses.
47. Fire Sprinkler systems shall be .installed per NFPA 131) requirements. Systems are
subject to review and approval by the Fire Marshal.
48. Future. residents shall be provided with disclosure regarding the .potential for hazards
associated with agricultural uses, especially if livestock or agricultural uses are
allowed in the adjacent properties.
49. The project applicant shall disclose to potential home owners that elementary
students in their household might not attend the adjacent Antonio del Buono
Elementary School.
50. The project frontage on Monterey Road shall. be designed such that sufficient tight -
of -way is available for the future widening and addition of a bike/pedestrian trail on
Monterey Road, as specified in the City of Gilroy General Plan and the City of Gilroy
Trails Master Plan. Addftionally, the project site design shall. accommodate, as
necessary, the planned trail in the Llagas Crook Condor.
A/$ 13 -26
Item VI.E. - Resolution A/S 13-26 Harvest Park
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51.The sidewalk on the east side of Wren Avenue shall be extended south to Antonio
del Buono Elementary School to facilitate pedestrian access between the school and
the project site.
52.The recommended turn pocket .lengths for the Monterey /Cohansey intersection are
as follows: The eastbound left -turn lane shall be at least 300 feet long, the
southbound right -tum lane shall be 100 feet. long, and the northbound left=tum
pocket shall be 100 to 125 feet long.
53. The radius of the horizontal curve on Church Street, south of Cohansey Avenue
shall be increased to at least 610 feet to comply with City street design standards.
54.The applicant shall provide parking in compliance with the Zoning Ordinance subject
to the review and approval of the Planning Division.
55.The project. will provide accommodations for the proposed improvements on
Monterrey Road subject to -the review and approval of these improvements..
FIRE DEPARTMENT CONDITIONS
These conditions shall be included as notes on. the cover page of the construction
drawings submitted for building permit.
56. Single- family homes with a fenced yard shall have a gate that opens to a public way
(or to an open yard that leads to a public way).
U.Single- family homes with front doors that are accessed via a fenced or enclosed
courtyard shall have an operable latch from the house side to allow exiting to the
public way (or open yard to a public way).
58. An address shall be provided at building permit submittal: House numbers shall be
clearly visible from the street on which the home fronts.
59. Single - family homes shall be addressed from the. street that the front door faces and
shall be visible from that street. If the house is recessed, obstructed, or at an angle
such that the front door is not visible from the street, an additional address sign shall
be provided that is visible from the street. All main address numbers shall be
illuminated a minimum of 2.5 inches in height with a .3/8 -inch stroke and placed to
read from left to right and /or top to bottom, and located at least 60 inches high,
measured from the ground.
60.Accessory and second dwelling units shall, have an address that shall be visible from
the street. When the unit is not its
an address post shall be provided at the
street with all the addresses for the parcel. An illuminated address shall be on the
front door side of each unit and at a minimum of 60 inches high, measured from the
A/S 13 -26
Item VI.E. - Resolution A/S 13 -26 Harvest Park
10
ground.
61.Accessory and Second Dwelling units shall be provided a path of travel to the .public
way that is a minimum of 36 inches wide. if g_ ated off, a latch that is accessible from
the dwelling unit side shall. be provided.
62. Egress Windows shall be provided on all sleeping rooms. A room that does not
have a clearly defined use such as a kitchen, closet, dining room, livingffamily room
or-study shall be considered a sleeping room. Studies/.libraries with closets shall :be
treated as sleeping rooms. Storage rooms that are provided with windows, and
electrical outlets and are greater than 50 square feet may also be considered
sleeping rooms if attached to a dwelling unit.
63.AII residential structures shall be provided with residential fire sprinklers including
detached garages. To .provide for adequate water flow, provide 1.5 -inch laterals
from the meter (1 inch) to the home. For alley loaded units provide 2 -inch lateral
from the meter (1 inch) as these units have long travel distances and will experience
flow loss. The City residential Fire Sprinkler Standards include
a. System to comply with NFPA 13D subject to inspection by the City.
b. Riser shall be installed in the garage unless alternate approved by the Fire
Marshal
c. If the water supply to the home is not at the garage, a check valve shall be
supplied at the location of the tee from th e domestic supply, water supply
from point of entry to the riser shall be approved .fire sprinkler line.
d. All enclosed garages and attached carports shall be provided with
sprinkler protection.
e. At least one sprinkler of each type shall be present in the spare head box
at final.
f. An exterior bell/hom shall be installed. on the bedroom side of'the .home. A
horn device shall 'be provided for the. interior living space.
g. Sprinkler CPVC piping in attic space shall be provided with adequate
insulation or be done with a copper riser.
h. Sprinkler coverage shall be provided underneath stairwells when used as.
storage, closets or bathrooms (even if less than 55 square feet).
Concealed spaces used for storage in attics or crawl spaces that exceed
55 square feet in area and 6 feet in height, shall be provided with sprinkler
cover-age.'
A/S 13-26
.F
Item VI.E. - Resolution A/S 13 -26 Harvest Park. _,�.
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2014 -60 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 1St day of December, 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 2 °a day /of December, 2014.
City Clerk of the City of Gilroy
(Seal)