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Resolution 2015-26RESOLUTION NO. 2015-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TENTATIVE MAP TM 14 -04, A SUBDIVISION TO ALLOW 33 SINGLE - FAMILY RESIDENTIAL LOTS IN THE HEARTLANDS ESTATES PHASE II PROJECT, APN 810 -21 -009 WHEREAS, Meritage Homes submitted an application requesting a tentative map review to approve the subdivision design of The Heartlands Estates Phase II project; and WHEREAS, the subject property is located on the northern portions of 1690 and 1750 Hecker Pass Road (APN 810 -21 -009); and WHEREAS, on June 2, 2015, the City Council of the City of Gilroy considered the tentative map request (TM 14 -04), in accordance with the Gilroy Zoning Ordinance, City's Subdivision and Land Development Code, the State Subdivision Map Act, and other applicable standards and regulations; and WHEREAS, an addendum to the certified Hecker Pass Specific Plan/South Valley Community Church EIR has been prepared for this project; and WHEREAS, the addendum analyzed the proposed Hecker Pass Specific Plan text amendments and development of The Heartlands Estates Phase H and determined the proposed amendments to the specific plan would not create new significant environmental effects, intensify previously identified effects or take place in a context where new information is available that would alter conclusions in the Hecker Pass Specific Plan/South Valley Community Church EIR concerning potential environmental effects; and WHEREAS, TM 14 -04 was referred to various public utility companies, City departments, including the Technical Advisory Committee for recommendations; and 4851 - 9507 -79240 RESOLUTION NO. 2015 -26 JH104706089 WHEREAS, on April 2, 2015, the Planning Commission of the City of Gilroy found that TM 14 -04 conforms to the City's General Plan and elements thereof, including the Hecker Pass Specific Plan; and WHEREAS, on June 2, 2015, the City Council found that TM 14 -04 conforms to the City's General Plan and elements thereof, including the Hecker Pass Specific Plan; and WHEREAS, a mitigation monitoring and reporting plan has been prepared, consistent with the certified Hecker Pass Specific Plan EIR; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: 1. As proposed, the tentative map is generally consistent with the intent of the goals and policies of the Hecker Pass Specific Plan. 2. The proposed tentative map is generally consistent with the intent of the goals and policies of the City's General Plan. 3. The proposed development is consistent with the Zoning Ordinance and the City's Subdivision and Land Development Code, and the State Subdivision Map Act. 4. Public utilities and infrastructure improvements needed in order to serve the proposed project are in close proximity. 5. There will be no significant environmental impacts as a result of this project due to the required mitigation measures to be applied, with three exceptions: cumulative air quality impacts, loss of availability of mineral resources, and the loss of the Conrotto Winery complex. The City Council adopted required findings and a statement of overriding considerations when they adopted the Hecker Pass Specific Plan in 2006. An addendum EIR has been prepared to analyze the development of The Heartlands Estates Phase H and determined the proposed amendments to the specific plan would not create new significant environmental effects, intensify previously identified effects or take place in a context . where new information is available that would alter conclusions in the Hecker Pass Specific Plan/South Valley Community Church EIR concerning potential environmental effects. WHEREAS, the City Council finds that the applicant agrees with the necessity of and accepts all elements, requirements, and conditions of this resolution as being a reasonable manner JH10470608 924v1 RESOLUTION NO. 2015 -26 JH104706089 of preserving, protecting, providing for, and fostering the health, safety, and welfare of the citizenry in general and the persons who work, visit or live in this subdivision in particular. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy hereby approves TM 04 -04 and adoption of the mitigation monitoring and reporting plan, subject to conditions attached hereto as Exhibit A and the Mitigation Monitoring Program attached hereto as Exhibit B. PASSED AND ADOPTED this 1St day of June 2015 by the following vote: AYES: COUNCILMEMBERS: BRACCO, LEROE- MUNOZ, TUCKER, VELASCO, WOODWARD and GAGE NOES: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: AULMAN APPROVED: Donald Gage, Mayor ATTEST: ShAwna Freels, City Clerk 4851-90608 9 924v1 JH10470608 RESOLUTION NO. 2015 -26 EXHIBIT A TM 14 -04, The Heartland Estates Phase II Final Conditions of Approval GENERAL PROJECT CONDITIONS The Final Map shall comply with the Vesting Tentative Map prepared by Ruggeri - Jensen -Azar, dated March 23, 2015 and stamped approved, except as modified by the City Council's approval of this application and the conditions of approval. 2. Approval of TM 14 -04 is subject to the applicant receiving approval of general plan amendment application GPA 14 -02 and zone change application Z 15 -02. 3. 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 City's Residential Development Ordinance (City Zoning Ordinance Sections 50.60 et seq.) referred to as 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. The project must also comply with any condition of exemption granted from the RDO, including but not limited to time limits in obtaining City approvals and completion of construction of the dwelling units. 4. This permit is granted for the property described in the application on file with the Planning Division, and may not be transferred from one property to another, unless a request is requested and granted by the Planning Manager, pursuant to the City Code. 5. This permit is granted for approved plans ( "the plans ") on file with the Planning Division. The project shall conform to the plans, except as otherwise specified in these conditions. Any subsequent modification or deviation to the approved plans shall be considered by the Planning Manager, may require separate discretionary approval and shall conform to City Code requirements or policies adopted by City Council. 6. Developer means permit applicant, property owner, and /or tenants using the space(s) for the intended use(s). Compliance with project conditions is expected for the life of the project. 7. Developer shall obtain building permits for the plans within one (1) year from the date of this permit approval. If such buildings permits are not received within the time frame, this permit shall automatically become null and void. 8. Should Developer intend to request an extension to the permit expiration date, Developer must submit to the Planning Division a written application with Exhibit A TM 14 -04, The Heartland Estates Phase II, Exhibit A Page 2 applicable fees prior to the expiration date. Only timely requests may be considered pursuant to the City Code. 9. Failure to appeal this decision in a timely manner or commencement of any activity related to the project is understood to clarify the Developer's acceptance of all conditions and obligations imposed by this permit and waiving any challenge to the validity of the conditions and obligations stated therein. 10. Developer shall complete all required off -site and on -site improvements related to the project, including structures, paving, and landscaping, prior to occupancy unless otherwise allowed by the Community Development Director. 11. Developer agrees, as a condition of adoption of this resolution, at Developer's own expense, to defend, indemnify, and hold harmless the City of Gilroy and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against City or its officers, contractors, consultants, attorneys, employees, or agents to challenge, attack, set aside, void or annul the approval of this resolution or any condition attached thereto or any proceedings, acts or determinations taken, including actions taken under the California Environmental Quality Act of 1970, as amended, done or made prior to the approval of such resolution that were part of the approval process. 12. Any covenants, conditions, and restrictions (CC &Rs) applicable to the project property shall be consistent with the terms of this permit and the City Code. If there is a conflict between the CC &Rs and the City Code or this permit, the City Code shall prevail, with the exception that deviations from the City Code specifically approved under this permit shall prevail. 13. Developer shall complete the "Notice of Land Use Restrictions and Conditions" form, using the form provided by the City, for recording with the Santa Clara County Recorder. Before the City issues building permits, Developer shall submit the original completed, signed and notarized document, together with the required fees to the Planning Manager. PLANNING DIVISION SPECIAL CONDITIONS 14. Prior to the issuance of any demolition permits, a comprehensive lead based paint survey shall be submitted to the City. If any lead based paint is identified, it shall be removed from the site in accordance with all applicable regulations, including California Division of Occupational Safety and Health (Cal /OSHA) Lead in Construction Standard, as included in California Code of Regulations, Title 8, Section 1532.1, during demolition activities. If lead paint is peeling, flaking or blistered, it shall be removed prior to demolition. It is assumed that such paint will become separated from the building components during demolition activities and TM 14 -04, The Heartland Estates Phase II, Exhibit A Page 3 could become air - borne; therefore, it shall be managed and disposed as a separate waste stream. Any debris or soil containing lead paint or coat shall be disposed at landfills that are permitted to accept the waste being disposed. (EIR MM AQ -1) 15. The applicant 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 Planning Division. (EIR MM AQ -2) 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; • Sweep streets daily (with water 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 mph; • Install sandbags or other erosion control measures to prevent silt runoff to public roadways; • Replant vegetation in disturbed areas; • Place a minimum of 100 linear feet of 6 to 8 inch average diameter cobble at all exit points to dislodge and trap dirt from vehicle tires; • 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. 16. In order to prevent the spread of invasive non - native species, the project proponent shall prepare and implement a landscaping and re- vegetation plan to include the following requirements: (EIR MM BIO -1) An eradication plan for plants listed on the Invasive Plant Inventory (Cal -IPC 2006) currently growing on the project site to be implemented during the grading phases of the project in those areas subject to grading work (excluding the Uvas Creek corridor, where the SCVWD implements their own weed eradication program); TM 14 -04, The Heartland Estates Phase II, Exhibit A Page 4 • Use of plants listed on the Invasive Plant Inventory (Cal -IPC 2006) shall be prohibited; • Exposed soil areas shall be planted, mulched, or covered between October 15 and the following April 15 each year; • Plant materials used in landscaping, erosion control, or habitat restoration shall consist of plants that are included in an appropriate native California plants as identified by a qualified biologist or landscape architect; • Information regarding the removal of invasive species and landscaping plant preferences shall be distributed to each homeowner prior to occupancy; • To prevent erosion and conserve water during construction, bare soil between newly installed plant materials shall be mulched, covered with jute netting, or seeded with a mix of seeds best suited for the climate and soil conditions, and native to the Santa Clara County region; and • Lots graded but left vacant pending sale and construction of a house and landscaping shall be monitored for invasive plants. If deemed necessary, bare soils should be covered, seeded, or invasive species actively removed. • The landscape and revegetation plan shall be included in the final improvement plans, subject to review and approval by the Planning Division, prior to approval of the final improvement plans. 17. Pre - construction surveys for nesting raptors will be conducted by a qualified biologist if construction is to occur during the nesting season (April 15 — August 1) to reduce impacts to a less than significant level. If raptor nests are located during pre- construction surveys, a qualified biologist shall establish a 300 -foot buffer around each nest for the duration of the breeding season (until such time as the young are fully fledged) to prevent nest harassment and brood mortality_ Work may proceed prior to August 1 only if a qualified biologist conducts nest checks and establishes that the young are fully fledged. Every effort will be made to avoid removal or impact to known raptor nests within project boundaries. If trees known to support raptor nests cannot be avoided, removal of these trees will only occur during the non - breeding season to reduce impacts to a less than significant level. This mitigation measure is subject to the review and approval of the Planning Division. A report documenting survey results shall be subject to review and approval by the Planning Division, prior to issuance of a building permit. (EIR MM 1310-2) 18. Pre - construction surveys for roosting bats will be performed no more than 30 days prior to construction. If roosts are found, a Memorandum of Understanding (MOU) with the CDFG will be obtained by the contractor in order to remove bat species. Alternatively, the construction schedule will be modified to initiate construction after TM 14 -04, The Heartland Estates Phase 11, Exhibit A Page 5 August 1, within the specified exclusion zone, when young have fledged. If bats are found, a suitable construction exclusion zone shall be established based on the number and species of bats observed. Alternative habitat will need to be provided if bats are to be excluded from maternity roosts. If this is the case, a roost with comparable spatial and thermal characteristics will be constructed and provided. CDFG shall be consulted regarding specific designs. This mitigation measure is subject to the review and approval of the Planning Division. A report documenting survey results shall be subject to review and approval by the Planning Division, prior to issuance of a building permit. (EIR MM BIO -3) 19. Prior to conducting any work adjacent to the Was Creek buffer area (Syngenta /Arias site), a qualified biologist shall survey for the presence of yellow - breasted chat and yellow warblers at and within the immediate vicinity of the project area. If swallows, chats, and /or warblers are present, appropriate mitigations shall be developed in consultation with the CDFG, including, but not be limited to, timing construction within a 300 -foot buffer of the nesting area to avoid nesting seasons (March through August) or until young have fledged. A report documenting survey results shall be subject to review and approval by the Planning Division, prior to issuance of a building permit. (EIR MM Bio -4) 20. Prior to construction, a qualified arborist shall complete an inventory and assessment of any trees proposed for removal and /or trees that may be impacted by disturbance. Included in this survey will be recommendations for the following: a. Avoidance of tree removal whenever possible; b. Transplanting of trees if possible; and c. Recommendations for replacement planting areas, replacement ratio, and monitoring after replanting. Project developers shall implement the recommendations in the arborist report. To compensate for the loss of protected trees, any protected tree(s) that are removed shall be replaced. The typical ratio of replacement is 3:1; however the arborist may make recommendations regarding the ratio based on the results of the tree assessment and planting plan and depending on size and health of the trees. Replacement locations should focus on areas within the specific plan boundary. This mitigation measure is subject to the review and approval of the Planning Division. (EIR MM Bio -5) 21. In order to protect oak trees on the project site from inadvertent damage by construction equipment during grading and construction activities, native trees that are to be retained and are located within or adjacent to the construction zone shall be identified in grading plans, and the following protective methods employed during construction. (EIR MM Bio -6) TM 14 -04, The Heartland Estates Phase II, Exhibit A Page 6 a. For trees under 12 inches in diameter, wrap trunks with protective materials; b. For trees 12 inches in diameter or greater, install protective fencing 0.5- to 0.75 -feet from the trunk per inch trunk diameter; work within the protected area shall be overseen by a qualified arborist of biologist; C. Bridge or tunnel under roots greater than four inches in diameter where exposed. Smaller roots shall be cut by manually digging a trench and cutting exposed roots with a saw, vibrating knife, rock saw, narrow trencher with sharp blades, or other approved root - pruning equipment. Any roots damaged during grading or excavation shall be exposed to sound tissue and cut cleanly; and d. Avoid soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and /or dumping of materials under dripline of trees. 22. The project applicant shall retain a theme of Conrotto viniculture within the new residential project. Options for design include developing a display along Hecker Pass Highway and integrating historic artifacts associated with the Conrotto Winery operation into decor and landscaping for the new development (structures, winemaking equipment, reproduction of signage and advertisements, etc.) or placing a commemorative statue within or near the SVCC -North site paying tribute to the former operation. The developer shall comply with this condition by erecting one or more placards along the Class I trail in front of this property describing the Conrotto Winery and its historic significance. The developer shall also erect two statues, one along Santa Teresa Boulevard and one along Hecker Pass Highway, that have a viniculture theme. Display and statue designs shall be submitted to the city prior to approval of improvement plans; displays and statues shall be completed and installed to the satisfaction of the community development director prior to tract acceptance. The maintenance mechanism for the display and statue shall be determined prior to approval of public improvement plans, subject to the review and approval of the public works and community development directors. The design shall be subject to review and approval of the community development director. It is also recommended that the name of the new development reflect the winemaking history of the property. (EIR MM CR -1) 23. All future development within the specific plan area shall implement the following conditions to minimize disturbance to potentially significant cultural resources. Each of the following shall be made a condition of issuance of a grading or building permit: (EIR MM CR -2) a_ Developers of each project within the specific plan area shall contract with a qualified archaeologist to provide an archeological site assessment to determine the need for monitoring during grading and excavation activities. b. If cultural resources or human remains are discovered during construction, work shall be halted at a minimum of 165 feet (50 meters) from the find TM 14 -04, The Heartland Estates Phase II, Exhibit A Page 7 and the area shall be staked off. The monitoring professional archaeologist, if one is on site, shall be notified. If a monitoring professional archaeologist is not on -site, the city shall be notified immediately and a qualified professional archaeologist shall be retained. If the find is determined to be significant, appropriate mitigation measures shall be formulated by the professional archaeologist and implemented by the responsible party. 24. 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 the 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: (EIR MM CR -3) 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 MILD 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 MILD 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. 25. Prior to development of any property within the specific plan area, a Phase 1 Environmental Site Assessment shall be prepared in accordance with ASTM Standard(s) to identify whether past or existing uses of the project property may have adversely affected soil or groundwater, or would otherwise pose a health hazard during site development or habitation. If the Phase I assessment finds that past uses may have contaminated the site, a Phase 2 Site Assessment shall be prepared. If contamination is present, clean up and disposal of such contamination shall be in compliance with federal, state and local regulations governing the cleanup and disposal of hazardous waste. Results of the Phase 1 and, if needed, the Phase 2 assessment and cleanup shall be presented to and approved by the TM 14 -04, The Heartland Estates Phase II, Exhibit A Page 8 City of Gilroy Engineering Division prior to issuance of a Building Permit. (EIR MM HAZ -1) 26. The project proponent shall participate in the city's traffic impact fee program in order to mitigate its incremental impacts on the circulation system. Fees shall be paid prior to approval of issuance of building permits. (EIR MM T -1) 27. Prior to issuance of the 75th building permit within the Specific Plan area, the Specific Plan developers shall be responsible for improving Hecker Pass Highway immediately west of Santa Teresa Boulevard to include a second westbound travel lane. The second westbound travel lane on Hecker Pass Highway, and the appropriate lane -drop taper consistent with Caltrans' Standards, should extend as far as possible beyond (west of) Santa Teresa Boulevard as can be accommodated within the existing public right -of -way, with the design subject to approval by the City Engineer in his/her reasonable discretion. Applicants shall coordinate with the City of Gilroy Engineering Division to design and implement the widening project. Removal of deodar cedar trees along the highway must be avoided wherever possible and improvements must be consistent with State scenic highway guidelines. Traffic signal modifications should be made to the intersection of Santa Teresa Boulevard and First Street/Hecker Pass Highway to add vehicle detection for the second eastbound through lane. (EIR MM T -2) 28. Prior to issuance of the 75th building permit within the Specific Plan area, the Specific Plan developers shall be responsible for shoulder improvements to Hecker Pass Highway, per Caltrans' standards, between Santa Teresa Boulevard and the easterly limits of the planned Caltrans Uvas Creek Bridge Improvement project. Applicants shall coordinate with the City of Gilroy Engineering Division to design and implement the shoulder improvements. Removal of deodar cedar trees along the highway must be avoided wherever possible and improvements must be consistent with State scenic highway guidelines. (EIR MM T -3) 29. Prior to final map approval, the developer shall enter into a property improvement agreement and shall agree to landscape the city -owned property at the southwest corner of Hecker Pass Highway and Santa Teresa Boulevard. The landscaping plans shall be subject to the approval of the Planning Division and Public Works Department. PUBLIC WORKS DEPARTMENT CONDITIONS 30. GENERAL a. All work is to be done in compliance with the City of Gilroy Specifications Standards and Design Criteria, Hecker Pass Special Plan, Hecker Pass Development Agreement and Hecker Pass Specific Use District and is subject to all laws of this community by reference. Street improvements and the design of all storm drainage, sewer lines, and all street sections shall be in TM 14 -04, The Heartland Estates Phase II, Exhibit A Page 9 accordance with City Standards and Hecker Pass Specific Plan, Hecker Pass Development Agreement and Hecker Pass Special Use District, Hecker Pass Backbone Plans and shall follow the most current City Master plan for streets and each utility. b. Until such time as the Improvements are accepted by City, Developer shall be responsible for and bear the risk of loss to any of the Improvements constructed or installed. c. As part of the first submittal for Final Map, the Developer shall submit vector based electronic files readable 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 in PDF format. d. A duplicate conformed Mylar copy of the Final Map shall be provided to the City along with an electronic copy. e. A Final Map with all required dedications shall be filed with the Santa Clara County Recorder's Office with a copy transmitted to the City. f. The developer shall annex the project into the Citywide Landscape Maintenance Community Facilities District (CFD) for the maintenance of the open space adjacent to Hecker Pass Highway. The Developer shall annex the project prior to first building occupancy. g. If access to adjacent property will be necessary to construct proposed improvements then a letter granting access will be required prior to Final Map approval. h. Within 30 days of the final map approval, the Developer shall submit an 8 -1/2 X 11 -inch site plan to the Engineering Division to assign addressing which shows the following: tract name and number, lot number, street names, property lines, right -of -way lines, north arrow and curb cuts for driveway. i. The Developer shall locate stationary noise - generating equipment as far away from existing residences as feasible. j. The Developer shall provide security fencing around the site during construction of the project to the satisfaction of the Public Works Director. k. This project shall consult with the Valley Transportation Authority to determine whether provisions for future stops or services are required. All bus stops shall meet all current VTA requirements and standards for bus stops (HPSP Policy 4 -17). TM 14 -04, The Heartland Estates Phase II, Exhibit A Page 10 I. The project shall pay school impact fees required by Gilroy Unified School District to mitigate impacts on the public school system (HPSP Policy 6 -6). m. Wireless service shall be provided per Hecker Pass Specific Plan Development Agreement. n. Parcel "A" of the vesting tentative map shall be dedicated to the City. o. Work in Caltran's right -of -way requires an Encroachment Permit issued by Caltrans. A copy of that Permit shall be provided to the Public Works Director prior to commencement of that work. p. Prior to Final Map recordation, the Developer shall provide approved access easements to the subdivision. 31. FEES a. The project is subject to the City's Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. Payment of Street Tree and Storm Development Impact Fees is required prior to approval of the Final Map. Sewer, Water, Traffic, and Public Facilities Development Impact Fees are due at time of building permit or prior to building occupancy. Note that there will be a fee increase beginning 7/1/2015. b. Prior to Final Map approval, the Developer shall submit an estimate of the probable cost of improvements, pay all plan check and inspection fees, enter into a property improvement agreement, and provide payment and performance bonds. 32. TRANSPORTATION a. All joint trench shall have (4) dedicated 1 '/2" SCH 80 PVC conduit for City Fiber Optic need in a Quad duct arrangement. Quad duct shall be as per City STD EI -11. b. All street light conduits shall be 2" SCH40 PVC as per City Standard EL -1 and related pull boxes shall follow City Standard EL -14 (Proposed Street "A ".) c. Final streetlight locations shall be to the satisfaction of the City Transportation Engineer. d. Maximum driveway approach width is 24 feet. Minimum driveway approach width is 16 feet or clear opening of garage space whichever is greater. TM 14 -04, The Heartland Estates Phase II, Exhibit A Page 11 e. Driveway transitions are not permitted closer than 10 feet from the nearest back curve radius (BCR) / end curve radius (ECR) on residential streets. f. Grade: Driveway grades shall be designed to keep the automobile from dragging or "bottoming out' on the street or driveway and to keep water collected in the street from the flowing onto the lots. g. Any work in the public right -of -way shall require a traffic control plan prepared by a licensed, professional engineer with experience in preparing such plans. Traffic Control Plan shall be prepared in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices. The Traffic Control Plan shall be included in the Improvement Plans. h. The Developer shall provide a concrete split -rail fence between parcel "A" and the emergency access vehicle (EVA) road. i. The Sidewalk on Tarragon Drive and Peppermint Place shall be 5 feet wide. Sidewalk on Cobblestone Court shall be 6 feet wide. j. The Developer shall provide a Class I Bike Trail extension to join the Class I trail (by others) along the southern edge of Hecker Pass Highway. 33. GRADING /DRAINAGE a. Grading shall be such that it does not create any adverse impacts to neighboring properties. b. 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 Public Works Director 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 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 (NOI) shall be filed with the State Water Resources Control Board, with a copy provided to the Engineering Division before a grading permit will be issued. WDID# shall be provided prior to Improvement Plan / Final Map approval. TM 14 -04, The Heartland Estates Phase II, Exhibit A Page 12 c. 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 be subject to the approval of the Public Works Director. 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_ d. Prior to issuance of the first building permit, the applicant's soils engineer shall review the final grading and drainage plans to ensure that designs for foundations, retaining walls, site grading, and site drainage are in accordance with their recommendations and the peer review comments. The applicant's soils engineer's approval shall then be conveyed to the City either by letter or by signing the plans. 34. LOT DRAINAGE a. All lots shall drain to the street or other approved storm drainage facility unless otherwise approved by the Public Works Director. 35. WATER a. Improvement Plans and Plot Plans shall clearly identify those lots requiring a pump or pressure reducer. Improvement Plans shall also identify the water pressure zone for each lot and distribution system water pipe. b. The project shall fully comply with the measures required by the City's Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter 27, Article VI), and subsequent amendments, which was adopted on August 4, 2014 to meet the requirements imposed by the State of California's Water Board. This ordinance established permanent voluntary water saving measures and temporary conservation standards. All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. Recycled water shall be used for construction water, where available, as determined by the Public Works Director. Recycled water TM 14 -04, The Heartland Estates Phase II, Exhibit A Page 13 shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water District's municipal industrial rate. iii. Where recycled water is not available, as determined by the Public Works Director, potable water shall be used. All City potable water will be billed based on the City's comprehensive fee schedule under the Portable Fire hydrant meter rate. c. The Developer shall perform field verification testing of the water system and will modify any part of the systems that does not perform to the standards established by the City. d. Water services shall be 1.5" minimum with 1" meter. Service /meter shall be upsized if necessary water pressure is not met. 36. STORMWATER a. This project is subject to post- construction stormwater quality requirements per Section 27D of the Gilroy Municipal Code. Post- construction treatment measures must be reviewed and approved by the Engineering Division prior to Final Map and /or improvement plan approval. This project will comply with this requirement with the expansion of the detention basin originally constructed by Tract 10220 to the satisfaction of the Public Works Director. 37. UTILITIES a. Sanitary sewer laterals and /or water meters located in driveways shall have traffic rated boxes and lids. b. All mainline storm drain piping shall have a minimum diameter of 18 inches and the lateral connections shall have a minimum diameter of 15 inches. c. The Developer /Contractor shall make accessible any or all City utilities as directed by the Public Works Director. d. A note shall be placed on the composite joint trench plans which states that the composite joint trench plan agrees with City Codes and Standards and that no underground utility conflict exists. e. Improvement plans are required for all on -site and off -site improvements. Prior to Final Map approval and approval of the Improvement Plans, the following items will need to be completed: 1. The Developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and TM 14 -04, The Heartland Estates Phase II, Exhibit A Page 14 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. Show preferred and alternative locations for all utility vaults and boxes if project has not obtained PG& E approval. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground_) 2. 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. 3. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the City. 4. The City will collect the plan check and inspection fee for the utility underground work. f. Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City: 1. A professional engineer- signed and PG &E- approved original electric plan. 2. 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. 38. ENCROACHMENT PERMIT. The developer shall be required to obtain a separate City of Gilroy encroachment permit for all work in the City right -of -way that is not part of the approved Improvement Plans. 39. NOTICING. At least one week prior to commencement of work, the Developer shall post at 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 Division, 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. TM 14 -04, The Heartland Estates Phase II, Exhibit A Page 15 40_ START OF CONTRUCTION. 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. 41. WORKING HOURS. 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. for general construction activity. No work shall be done on Sundays and City Holidays. The Public Works Director will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. 42. WORK INSPECTION. All wont shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the Public Works Director. 43. HAUL PERMIT. If the project has excess fill or cut that will be off - hauled to a site or on- hauled from a site within the city limits of Gilroy, an additional permit is required. This statement must be added as a general note to the Grading and Drainage Plan. 44. DUST CONTROL. Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the City, or a minimum of three times daily, or apply (non- toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Public Works Director, or at least once a day. Watering associated with on -site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late- afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Public Works Director. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered. 45. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Public Works Director (§ 15.40.070). TM 14 -04, The Heartland Estates Phase II, Exhibit A Page 16 46. SILT AND MUD. It is the responsibility of the contractor to make sure that all dirt tracked into the public right -of -way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris shall not be washed into the City's storm drains. 47. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk- through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 48. CONTRUCTION STAGING (applicable). 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 Division prior to the issuance of a grading permit. 49. FIRE FLOW. Certification of fire flow test for each zone is required prior to final permit, the highest elevation is to be tested (Add to general notes on Plan Title sheet). Fire flow for the project shall be modeled for a minimum of 1,500 gpm for residential fire flow. Street Hydrants shall be placed every 300 feet and within 150 feet of any building. Off -site improvement plan shall provide Fire Hydrant per the City Standard. Hydrants shall be installed prior to commencement of construction with combustible materials. 50. MONUMENTS a. A minimum of one exterior monument shall be set. Additional monuments can be required by the Public Works Director or City Surveyor as deemed necessary. b. Monuments shall be located and referenced by or under the direction of a licensed land surveyor or licensed civil engineer legally authorized to practice land surveying prior to work. Any City monuments damaged, displaced or destroyed shall be replaced at the developer's sole expense. 51. GRADE CERTIFICATION. Certification of grades and compaction is required prior to Building Permit final. This statement must be added as a general note to the Grading and Drainage Plan. TM 14 -04, The Heartland Estates Phase II, Exhibit A Page 17 52. IMPROVEMENTS CERTIFICATION. Certification of improvements on the site plans are required prior to Building final (add to general notes on Title Sheet of Plans). 53. RETAINING WALL CERTIFICATION. Certification is required by the design engineer of the design and construction for all retaining walls shown on the improvement plans prior to final acceptance of the subdivision. 54. ACCEPTANCE OF IMPROVEMENTS. Until such time as all improvements required are fully completed and accepted by City, Developer will be responsible for the care maintenance of and any damage to such improvements. 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 required for this project 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. FIRE MARSHAL CONDITIONS 55. Prior to recordation of the final map, emergency vehicle access shall be designed to the satisfaction of the Fire Marshal. The emergency vehicle access shall be constructed prior to construction of the 30�h unit in The Heartland Estates Phase I and /or The Heartland Estates Phase 11. 56. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure. 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. 57. All homes shall be provided with water laterals and meters sized to allow for a residential NFPA 13d fire sprinkler system. At a minimum the offsite improvement plan shall provide 1.5 inch water laterals and 1" meters sized to allow for a residential NFPA 13d fire sprinkler system. A fire flow test shall be obtained from the Fire Marshal for the purpose of Fire Sprinkler design. 58. Roadways shall provide a minimum 20 feet of unobstructed travel_ Turning radii shall not be less than 32 feet inside and 39 feet outside. Fire Apparatus shall not be required to cross to the opposite side of a street as part of a turn on that street or onto another street. 59. Where parking is restricted, it shall be posted with signs for No Parking -Fire Lane and curbs shall be painted red. Signage and curb painting shall be maintained in good condition. The parking enforcement plan shall be reviewed and approved by Deputy Fire Marshal prior to the final inspection of the first unit built. TM 14 -04, The Heartland Estates Phase II, Exhibit A Page 18 60. Addresses shall be assigned by the Engineering Division prior to improvement plan and building permit submittal. Street signage shall be installed prior to any on -site improvements (foundations or buildings) has begun. City Council -Added Condition 61. The applicant shall provide a 20 -foot wide PSE over the existing recycled water line parallel to Hecker Pass Highway and shall also provide a recycled water line at Parcel A for irrigation purposes This condition is subject to the review and approval of the Public Works Director. HECKER PASS SPECIFIC PLAN AMENDMENT GPA 14-02 AND RESIDENTIAL SUBDIVISION TM 14- 04 MITIGATION MONITORING PROGRAM INTRODUCTION CEQA Guidelines section 1097 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 craluate 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. FMC PLANNING GROUP INC. 1 -1 MITIGA'I MN MONFIORING PROORAN1 MONITORING PROGRAM The basis for this monitoring program is the mitigation measures included in the project mitigated negative declaration. 'these mitigation measures are designed to eliminate or reduce significant adverse environmental effects to less than significant levels. These mitigation measures become conditions of project approval, which the project proponent is required to complete during and after implementation of the proposed project. The attached checklist is proposed for monitoring the implementation of the mitigation measures. This monitoring checklist contains all appropriate mitigation measures in the environmental impact report. 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. 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 1_2 FMC PLANNING GROUP INC. IILCICFR PASS SPI CII IC PLAN GIIA I.1 -02 AND RESIDI'.N I I: \I SUBDIVISION 'I'M 14 -0.1 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 PI.ANN.INC, GROUP INC. 1 -3 MIIRiAIION MONITORING PROGRAM MONITORING CHECKLIST Step 7 - Prior to Approval of the Final Map and Final Improvement Plans The following mitigation measures shall be implemented: 13I0 -1. In order to prevent the spread of invasive non - native species, the project proponent shall prepare a landscaping and re- vegetation plan to include the following requirements: • An eradication plan for plants listed on the Invasive Plant Inventory (Cal -IPC 2006) currently growing on the project site to be implemented during the grading phases of the project in those areas subject to grading work (excluding the Uvas Creek cOI'I'idor, where the SCVWD implements their own weed eradication program); • Use of plants listed on the Invasive Plant Inventory (Cal -IPC 2006) shall be prohibited; • Exposed soil areas shall be planted, mulched, or covered between October 15 and the following April 15 each year; • Plant materials used in landscaping, erosion control, or habitat restoration shall consist of" plants that are included in an appropriate native California plants as identified by a qualified biologist or landscape architect; • Information regarding the removal of invasive species and landscaping plant preferences shall be distributed to each homeowner prior to occupancy; To prevent erosion and conserve water during construction, bare soil between newly installed plant materials shall be mulched, covered with jute netting, or seeded with it mix of seeds best suited for the climate and soil conditions, and native to the Santa Clara County region; and • Lots graded but left vacant pending sale and construction of a house and landscaping shall be monitored (or invasive plants. If deemed necessary, bare soils should be covered, seeded, or invasive species actively removed. 1 -4 •iMC PLANNING GROUP INC. fiticK.III, PASS SI'ec:11:1 : GPA 14 -02 ANU RI::s10I`.NI Su1;l_M ISION TM 14 -04 • The landscape and revegetation plan shall be included in the final improvement plans, subject to review and approval by the Planning Division, prior to approval of the final improvement plans. The plan shall be implemented durhl ,a project co"StiT[ctio". Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division BIO -6. In order to protect oak trees on the project site from inadvertent damage by construction equipment during grading and construction activities, native trees that are to be retained and are located within or adjacent to the construction zone shall be identified in grading plans, and the following protective methods employed during construction. a. For trees under 12 inches in diameter, wrap trunks with protective materials; b. For trees 12 inches in diameter or greater, install protective fencing 0.5- to 0.75 -feet from the trunk per inch trunk diameter; work within the protected area shall be overseen by a qualified arborist of biologist; C. Bridge or tunnel under roots greater than four inches in diameter where exposed. Smaller roots shall be cut by manually digging a trench and cutting exposed roots with a saw, vibrating knife, rock saw, narrow trencher with sharp blades, or other approved root - pruning equipment. Any roots damaged during grading or excavation shall be exposed to sound tissue and cut cleanly; and d. Avoid soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/or dumping of materials under dripline of trees. This mirigation measure shall be implemented during construction. Patty Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division CR -1. The project applicant shall retain a theme of Conrotto viniculture within the new residential project. Options for design include developing a display along Meeker Pass Highway and integrating historic artifacts associated with the Conrotto Winery operation into decor and landscaping for the new development (structures, winemaking equipment, reproduction of signage and advertisements, etc.) or placing a commemorative statue within or near the SVCC -North site paying tribute to the former operation. The developer shall comply with this condition by erecting one or more placards along the Class I trail in front of this property describing the Conrotto Winery and its historic significance. The EMC PLANNING: GROUP INC. 1 -5 MITIGA'I ION MONITORING PROGRAM developer shall also erect two statues, one along Santa Teresa Boulevard and one along Hccker Pass Highway, that have a viniculture theme. Display and statue designs shall be submitted to the city prior to approval of improvement plans; displays and statues shall be completed and installed to the satisfaction of the community development director prior to tract acceptance. The maintenance mechanism for the display and statue shall be determined prior to approval of public improvement plans, subject to the review and approval of the public works and community development directors. The design shall be subject to review and approval of the community development director. It is also recommended that the name of the new development reflect the %vinemaking history of the property. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division AQ -2. The applicant 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 Planning Division: The following measures shall be implemented at all construction sites: • Water all active construction areas at Ieast 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 (,,vith water sweepers) all paved access roads, parking areas and staging areas at construction sites; • Sweep streets daily (with water 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 tcn 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; 1.6 I:MC PLANNING GROUP INC. IIF.CKFR PASS SPECIFIC PLAN 4C311A 14 -02 ANI) RF.SII)I;N I'IAL. SUIMIVISION TM 14 -04 • Install sandbags or other erosion control measures to prevent silt runoff to public roadways; • Replant vegetation in disturbed areas; • Place a minimum of 100 linear feet of 6 to 8 inch average diameter cobble at all exit points to dislodge and trap dirt from vehicle tires; • 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. The ditst colitl-ol nre(isrlres shall Ge iin plelilelited dtiriilfgp;oject cOlisti "iictloli, Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Step 2 - Prior to /ssuance of Demolition Permits or Building Permits The following mitigation measures shall be implemented: AQ -1. Prior to the issuance of any demolition permits, a comprehensive lead based paint survey shall be submitted to the City. If any lead based paint is identified, it shall be removed from the site in accordance with all applicable regulations, including California Division of Occupational Safety and Health (Cali OSHA) Lead in Construction Standard, as included in California Code of Regulations, Title 8, Section 1532. 1, during demolition activities. !f lead paint is peeling, flaking or blistered, it shall be removed prior to demolition. It is assumed that such paint will become separated from the building components during demolition activities and could become air - borne; therefore, it shall be managed and disposed as a separate waste stream. Any debris or soil containing lead paint or coat shall be disposed at Iandfills that are permitted to accept the waste being disposed. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division EMC PI.ANNING GKOUP INC. 1 -7 MI'i'IGAi'ION M(UNITORING PROURAM CR -2. All future development within the specific plan area shall implement the following conditions to minimize disturbance to potentially significant cultural resources. Each of the following shall be made a condition of issuance of'a grading or building permit: a. Developers of' each project within the specific plan area shall contract Nvith a qualified archaeologist to provide an archeological site assessment to determine the need for monitoring during grading and excavation activities. b. It' cultural resources or human remains arc discovered during construction, work shall be halted at a minimum of' 165 feet (50 meters) from the find and the area shall be staked oil'. The monitoring professional archaeologist, if' one is on site, shall be notified. If a monitoring professional archaeologist is not on -site, the city shall be notified immediately and a qualified professional archaeologist shall be retained. If the find is determined to be significant, appropriate mitigation measures shall be formulated by the professional archaeologist and implemented by the responsible party. Patty responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division CR -3. 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 the 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 identift% a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent 1_8 I'. \IC PL, \XNINC; GROUP INC. I1L'CKER PASS SPI1 C'I'PIC PLAN GPA 14 -02 ANi) Ri -siD [NTIA1. SU131-.)IVISION'I'M 14 -04 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: Applicant Party Responsible for Monitoring: Gilroy Planning Division IIAZ -1. Prior to development of any property within the specific plan area, a Phase I Environmental Site Assessment shall be prepared in accordance with ASTM Standard(s) to identify whether past or existing uses of the project property may have adversely affected soil or groundwater, or would otherwise pose a health hazard during site development or habitation. if the Phase I assessment finds that past uses may have contaminated the site, a Phase 2 Site Assessment shall be prepared. If contamination is present, clean up and disposal of such contamination shall be in compliance with federal, state and local regulations governing the cleanup and disposal of hazardous waste. Results of the Phase 1 and, if needed, the Phase 2 assessment and cleanup shall be presented to and approved by the City of Gilroy Engineering Division prior to issuance of a Building Permit. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division T -1. The project proponent shall participate in the city's traffic impact fee program in order to mitigate its incremental impacts on the circulation system. Fees shall be paid prior to approval of issuance of building permits. Party Responsible for Implementation: Applicant Paley Responsible for Monitoring: Gilroy Planning Division The follo \ving mitigation measures shall be implemented: 13I0-2. Pic- construction surveys for nesting raptors will be conducted by a qualified biologist if construction is to occur during the nesting season (April 15 — August 1) to reduce impacts to a less than significant level. if raptor nests arc located during pre - construction surveys, a qualified biologist shall establish a 300 -f'oot buffer around each nest for the duration of the breeding season (until such time as the young arc fully fledged) to prevent nest harassment and brood mortality. Work may proceed prior to August I only if a qualified biologist conducts nest checks and establishes that the young are fully fledged. Every effort will be made to avoid removal or impact to known raptor nests within project boundaries. If trees FMC PLANNING GROUP INC. 1.9 MIT 'IGAI ION MONI' FOR IN(; PROCiRAM known to support raptor nests cannot be avoided, removal of these trees will only occur during the non- breeding season to reduce impacts to a less than significant level. This mitigation measure is subject to the review and approval of the Planning Division. A report documenting survey results shall be subject to review and approval by the Planning Division, prior to issuance of a building permit. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division 810 -3. Pre - construction surveys for roosting bats will be performed no more than 30 days prior to construction. If roosts are round, a Memorandum of Understanding (MOU) with the CDFG will be obtained by the contractor in order to remove bat species. Alternatively, the construction schedule will be modified to initiate construction after August 1, within the specified exclusion zone, when young have fledged. If' bats arc found, a suitable construction exclusion zone shall be established based on the number and species of bats observed. Alternative habitat will need to be provided 11' bats are to be excluded from maternity roosts. It' this is the case, a roost with comparable spatial and thermal characteristics will be constructed and provided. CDFG shall be consulted regarding specific designs. This mitigation measure is subject to the review and approval of the Planning Division. A report documenting survey results shall be subject to review and approval by the Planning Division, prior to issuance of a building permit. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division 13I0-4. Prior to conducting any work adjacent to the Uvas Creek bufl-er area (Syngenta /Arias site), a qualified biologist shall survey for the presence of yellow - breasted chat and yellow warblers at and within the immediate vicinity of the project area. If swallows, chats, and /or warblers are present, appropriate mitigations shall be developed in consultation with the CDFG, including, but not be limited to, timing construction within a 300 -1oot bufl'cr of the nesting area to avoid nesting seasons (March through August) or until young have fledged. A report documenting survey results shall be subject to review and approval by the Planning Division, prior to issuance of a building permit. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division BIO -5. Prior to construction, a qualified arborist shall complete an inventory and assessment of any trees proposed for removal and /or trees that may be impacted by disturbance. Included in this survey will be recommendations for the following: I -W e%ic I'LANNIN(; GROUT' INC. IIECKi:R PASS SPEC IIIC PLAN GP 1.1 -02 \ND RI:SiDENi inL StIisDIVISIOn' TM 1.1 -04 a. Avoidance of tree removal whenever possible; b. Transplanting of trees if possible; and C. Recommendations for replacement planting areas, replacement ratio, and monitoring after replanting. Project developers shall implement the recommendations in the arborist report. To compensate for the loss of protected trees, any protected trees) that are removed shall be replaced. The typical ratio of replacement is 3:1; however the arborist may make recommendations regarding the ratio based on the results of the tree assessment and planting plan and depending on size and health of the trees. Replacement locations should focus on areas within the specific plan boundary. This mitigation measure is subject to the review and approval of the Planning Division. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Step 3 - Prior to Issuance of the 75th Building Permit within the Specific Plan Area T -2. Prior to issuance of the 75th building permit within the Specific Plan area, the Specific Plan developers shall be responsible for improving Hecker Pass Highway immediately west of Santa Teresa Boulevard to include a second westbound travel land. The second westbound travel lane on Hecker Pass Highway, and the appropriate lane -drop taper consistent with Caltrans' Standards, should extend as far as possible beyond (west of) Santa Teresa Boulevard as can be accommodated within the existing public right -ol =way, Nvith the design subject to approval by the City Engineer in his / her reasonable discretion. Applicants shall coordinate with the City of Gilroy Engineering Division to design and implement the widening project. Removal of deodar cedar trees along the highway must be avoided wherever possible and improvements must be consistent with State scenic highway guidelines. Traffic signal modifications should be made to the intersection of Santa 'Teresa Boulevard and First Street /Hecker Pass Highway to add vehicle detection for the second eastbound through lane. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division F%1C PI.nNNING (IRO UP INC. 1 -11 MI I l'GAYION MONITORING PROGRAM T -3. Prior to issuance of the 7th building permit within the Specific Plan area, the Specific Plan developers shall be responsible for shoulder improvements to Hecker Pass Highway, per Caltrans' standards, between Santa Teresa Boulevard and the easterly limits of the planned Caltrans Uvas Creek Bridge Improvement project. Applicants shall coordinate with the City of Gilroy Engineering Division to design and implement the shoulder improvements. Removal of deodar cedar trees along the highway must be avoided wherever possible and improvements must be consistent with State scenic highway guidelines. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Step 4 - During Construction N -1. All noise generating construction activities shall be limited to weekdays between 7:00 AM and 7:00 PM, and to Saturdays between 9:00 AM and 7 :00 PM. No construction is allowed on Sundays or city holidays. In addition, temporary berms or noise attenuation barriers shall be utilized v.-hen necessary. This requirement shall be attached as a contractor work specification for all projects. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division See also B10 -1, B10 -6, AQ -2, CR -2, and CR -3 above for measure to be taken during construction actl Pities. 1-12 FNIC PLANNING GROUT' INC. I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2015 -26 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 I" day of June, 2015 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 2nd day of June, 2015. Shawna Freels, MMC City Clerk of the City of Gilroy (Seal)