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)