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Resolution 2016-01RESOLUTION NO. 2016-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TENTATIVE MAP TM 15 -01, CREATING 84 SINGLE - FAMILY RESIDENTIAL LOTS, ONE PRIVATE RECREATIONAL OPEN SPACE LOT, SEVEN PRIVATE LANDSCAPING AREAS, AND ASSOCIATED PRIVATE STREETS, FOR PROPERTY LOCATED WITHIN THE GLEN LOMA RANCH SPECIFIC PLAN AREA, NORTHEAST OF SANTA TERESA BOULEVARD, AND BOUNDED BY WEST LUCHESSA AVENUE, MERLOT DRIVE, AND SYRAH DRIVE, APNS 808 -18 -018, FILED BY GLEN LOMA CORPORATION WHEREAS, The Glen Loma Corporation submitted an application requesting a tentative map to subdivide an approximate 9 net acre site into 84 single - family lots, one private recreational open space lot, seven private landscaping areas, and associated public and private streets; and WHEREAS, the subject property is located within the Glen Loma Ranch Specific Plan area, located northeast of Santa Teresa Boulevard, west of Greenfield Drive, and southwest of Uvas Creek; and WHEREAS, on November 7, 2005, the City of Gilroy adopted the Glen Loma Ranch Specific Plan; and WHEREAS, on November 21, 2005, the City of Gilroy adopted the Glen Loma Ranch Development Agreement; and WHEREAS, pursuant to CEQA, an environmental impact report (EIR) was prepared for this site as part of the review of application GPA 00 -01 and certified by the City Council on November 7, 2005 with 52 mitigation measures; and WHEREAS, the Planning Commission held a duly noticed public hearing on November 5, 2015 at which time the Planning Commission considered the public testimony, the staff report dated November 5, 2015 ( "Staff Report"), the certified EIR, and all other documentation related to application TM 15 -01, and recommended that the City Council approve TM 15 -01; and RESOLUTION NO. 2016-01 WHEREAS, the City Council held a duly noticed public hearing on December 7, 2015 and considered the public testimony, the Staff Report, a Supplemental Staff Report dated December 7, 2015, the certified EIR, and all other documentation related to application TM 15- 01; and WHEREAS, the City Council finds the tentative map conforms to the City's General Plan and elements thereof, including the "Glen Loma Ranch Specific Plan" and the "Neighborhood District Policy "; and WHEREAS, a mitigation monitoring and reporting plan has been prepared, consistent with the certified EIR; and WHEREAS, the city council requested city staff to prepare a resolution of approval for the Project; and WHEREAS, the location and custodian of the documents or other materials that constitute the record of proceedings upon which this Project approval is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT: SECTION I THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: 1. The proposed tentative map is generally consistent with the intent of the goals and policies of the "Glen Loma Ranch Specific Plan." 2. The proposed tentative map is generally consistent with the intent of the goals and policies of the "Neighborhood District Policy." 3. The proposed tentative map is generally consistent with the intent of the goals and policies of the City's General Plan. 4. The proposed development is consistent with the Zoning Ordinance and the City's Subdivision and Land Development Code, and the State Subdivision Map Act. 5. Public utilities and infrastructure improvements needed in order to serve the RESOLUTION NO. 2016 -01 proposed project are in close proximity. 6. As identified in the certified EIR, all significant environmental impacts associated with buildout of the Glen Loma Ranch Specific Plan area can be reduced to a less than significant level with the implementation of adopted mitigation measures identified in the certified EIR, except for air quality. The proposed project would result in a significant, unavoidable environmental impact with regard to project emissions and consistency with the Bay Area 2000 Clean Air Plan. When adopting the specific plan in 2005, the City Council adopted a statement of overriding considerations, finding that the benefits of the project outweighed this environmental effect. SECTION II Tentative Map TM 15 -01 should be and hereby is approved, subject to the conditions of approval set forth in Exhibit "A" attached hereto and entitled "TM 15 -01 Conditions of Approval," and subject to the Mitigation Measures in the Mitigated Negative Declaration and the Mitigation Monitoring Program hereby adopted for the Project, attached hereto as Exhibit "B." PASSED AND ADOPTED this 4`h day of January, 2016, by the following roll call vote: AYES: COUNCILMEMBERS: AULMAN, BRACCO, LEROE- MUNOZ, TUCKER, VELASCO and WOODWARD NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE VFD- RESOLUTION NO. 2016 -01 Exhibit A TM 15 -01 Montonico Tentative Map Final Conditions of Approval PLANNING DIVISION CONDITIONS 1. The applicant will be required to mitigate for the removal of significant trees by obtaining a tree removal permit, which will require replacement of significant trees, in accordance with the City's Consolidated Landscaping Policy. 2. The subdivider shall defend, indemnify, and hold harmless the City, its City Council, Planning Commission, agents, officers, and employees from any claim, action, or proceeding against the City or its City Council, Planning Commission, agents, officers, and employees to attack, set aside, void, or annul an approval of the City, City Council, Planning Commission, or other board, advisory agency, or legislative body concerning this subdivision. City will promptly notify the subdivider of any claim, action, or proceeding against it, and will cooperate fully in the defense. This condition is imposed pursuant to California Government Code Section 66474.9. 3. The Final Map shall substantially comply with the Tentative Map prepared by Ruggeri Jensen Azar, dated September 1, 2015 and stamped approved, except as modified by the City Council's approval of this application and the conditions of approval. 4. The developer shall submit a copy of the Conditions, Covenants and Restrictions (CC &Rs) to the Planning Division concurrent with final map submittal. Homeowners' Association documentation, Conditions, Covenants and Restrictions and /or property owner's Maintenance Agreements shall be approved by the Planning Division prior to the map being released for recordation. 5. With the exception of lots that received an exemption from the application of the City's Residential Development Ordinance (RDO) (City Zoning Ordinance Sections 50.60 et seq.), no building permit shall be issued in connection with this project if the owner or developer of such development (i) is not in compliance with the RDO, any conditions of approval issued in connection with such development, or other City requirements applicable to such development; or (ii) is in default under any agreement entered into with the City in connection with such development pursuant to the RDO. TM 15 -01 2 Exhibit A Mitigation Measures The following MITIGATION MEASURES, which are contained within the EIR and EIR addendum, prepared pursuant to the California Environmental Quality Act, and as modified based upon changes in applicable regulations, are included as conditions of approval. 9. Project proponents shall specify in project plans the implementation of the following dust control measures during grading and construction activities for any proposed development. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Engineering Division (corresponds to EIR Mitigation Measure 3): The following measures shall be implemented at all construction sites: • Water all active construction areas at least twice daily; • Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; • Pave, apply water three times daily, or apply (non- toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; • Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; and • Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. The following measures shall be implemented at all construction sites greater than four acres in area:. • Hydroseed or apply (non- toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); • Enclose, cover, water twice daily or apply (non- toxic) soil binders to exposed stockpiles (dirt, sand, etc.); • Limit traffic speeds on unpaved roads to 15 mph; • Install sandbags or other erosion control measures to prevent silt runoff to public roadways; and • Replant vegetation in disturbed areas as quickly as possible. The following measures are strongly encouraged at construction sites that are large in area, located near sensitive receptors or which for any other reason may warrant additional emission reductions: • Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; • Install wind breaks, or plant trees /vegetative wind breaks at windward side(s) of construction areas; • Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and • Limit the area subject to excavation, grading and other construction activity at any one time. TM 15 -01 Exhibit A 3 10. The applicant shall obtain a Santa Clara Valley Habitat Plan permit from the City of Gilroy, prior to issuance of a grading permit. The permit shall include all applicable project conditions (corresponds to EIR Mitigation Measure 4). 11. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential nesting habitat (i.e., riparian woodland and oak woodland), a tree survey shall be conducted by a qualified biologist to determine if active nest(s) of protected birds are present in the trees. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. This survey shall be required only if any construction would occur during the nesting and /or breeding season of protected bird species potentially nesting in the tree (generally March 1 through August 1). If active nest(s) are found, clearing and construction within 200 feet of the tree, or as recommended by the qualified biologist, shall be halted until the nest(s) are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting, as determined by the qualified biologist. If construction activities are not scheduled between March 1 and August 1, no further shrike or tree surveys shall be required (corresponds to EIR Mitigation Measure 5). 12. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential roost habitat (i.e., riparian woodland and oak woodland), pre- construction surveys for bat roosts shall be performed by a qualified biologist. If bat roost sites are found, the biologist shall implement a program to remove /displace the bats prior to the removal of known roost sites. In addition, an alternate roost site shall be constructed in the vicinity of the known roost site. Specifications of the alternate roost shall be determined by a bat specialist (corresponds to EIR Mitigation Measure 6). 13. Prior to approval of each tentative map or use permit, project plans for future development on the project site shall be designed to avoid unnecessary filling or other disturbance of natural drainage courses and associated oak/riparian woodland vegetation to the greatest extent feasible, subject to review and approval of the City of Gilroy Planning Division. In the event that disturbance of site drainages and associated oak/riparian woodland vegetation cannot be avoided (i.e., Reservoir Canyon Creek Bridge construction, culverts, storm drain outfalls, etc.), authorization from the California Department of Fish and Game through Section 1600 et. seq. of the Fish and Game Code and /or the U.S. Army Corps of Engineers through Section 404 of the Clean Water Act and the Regional Water Quality Control Board through Section 401 of the Clean Water Act shall be obtained, if required, prior to issuance of building or grading permits for any activity that might encroach on the site's drainages. Conditions imposed on these permits and /or authorizations may include but not be limited to the TM 15 -01 Exhibit A 4 following (corresponds to EIR Mitigation Measure 8): • Construction work shall be initiated and completed during the summer and fall months when the drainages are dry, or at least have a very low flow. Typically, no construction work shall be allowed between October 15th and April 15th. • A Habitat Restoration Plan shall be prepared to identify the exact amount and location of affected and replacement habitat, to specify on -site revegetation with locally- obtained native species within the buffer areas to mitigate habitat loss, and to provide specifications for installation and maintenance of the replacement habitat. Any loss of riparian or wetland vegetation resulting from construction activities shall be mitigated on -site at a minimum 3:1 replacement ratio. 14. Any loss of oak and /or riparian woodland habitat resulting from development shall require the project proponent to retain a qualified biologist to prepare a Habitat Restoration Plan to identify the exact amount and location of affected and replacement habitat, specify an appropriate plant palette, and provide specifications for installation and maintenance of the replacement habitat. Replacement vegetation shall consist of locally - obtained native plant species. Any loss of riparian woodland vegetation shall be mitigated on -site at a minimum of 3:1 replacement ratio, unless otherwise determined by the Department of Fish and Game and the City of Gilroy. Any loss of oak woodland vegetation shall require preservation of on -site oak woodland at a ratio of 3:1 and replanting on- site at a ratio of 1:1, unless otherwise determined by the Department of Fish and Game and the City of Gilroy. The Habitat Restoration Plan shall be prepared prior to issuance of building or grading permits for any activity requiring removal of oak and /or riparian woodland habitat, subject to review and approval of the City of Gilroy Planning Division and California Department of Fish and Game (corresponds to EIR Mitigation Measure 9). 15. Prior to issuance of grading and /or building permits, subject to the review of the Gilroy Planning Division, the project applicant shall install siltation fencing, hay bales, or other suitable erosion control measures along portions of natural and manmade drainage channels in which construction will occur and within 20 feet of construction and /or staging areas in order to prevent sediment from filling the creek (corresponds to EIR Mitigation Measure 13). 16. Prior to issuance of grading and /or building permits, the project proponent of any future development on the project site shall submit a Landscape Plan, for review and approval by the City of Gilroy Planning Division. Landscaping plans for areas adjacent to riparian habitat shall include appropriate guidelines to prevent contamination of drainages and their associated riparian habitat by pesticides, herbicides, fungicides, and fertilizers. Landscaping shall include appropriate native plants species and should not include plantings of non - native, invasive plant species (corresponds to EIR Mitigation Measure 14). TM 15 -01 Exhibit A 5 17. Prior to approval of a tentative map for each phase of the proposed project requiring removal or alteration to potential wetlands and /or waters of the U.S., a wetland delineation shall be prepared according to U.S. Army Corps of Engineers guidelines. The actual acreage of impacts to waters of the U.S. and wetlands shall be determined based on project plans for each development project and the wetland delineation for each development phase. The project proponent shall obtain all necessary permits and /or approvals from the U.S. Army Corps of Engineers and shall retain a restoration specialist to prepare a detailed wetland mitigation plan, if necessary, subject to review and approval by the U.S. Army Corps of Engineers and the City of Gilroy Planning Division. The plan shall include, but not be limited to, creation of wetlands on site to mitigate for unavoidable impacts to waters of the U.S. and wetlands resulting from development activities (corresponds to EIR Mitigation Measure 15). 18. A schematic lighting plan shall be submitted with each development proposal for review and approval by the Planning Division. Exterior lighting for any development proposed adjacent to open space areas shall be of low stature (i.e., 20 feet) and shall be of a full cutoff design or include opaque shields to reduce illumination of the surrounding landscape. Lighting shall be directed' away from open space areas (corresponds to EIR Mitigation Measure 16). 19. Prior to approval of a tentative map for each phase of the proposed project containing or adjacent to preserved natural open space areas, a signage plan shall be prepared to outline the language, number and location of signs to dissuade people from straying off trails and to prohibit unleashed dogs in the open space areas, subject to approval by the City of Gilroy Planning Division corresponds to EIR Mitigation Measure 17). 20. Prior to commencement of construction activities, the protected zone of any trees or groups of trees to be retained shall be fenced to prevent injury to the trees during construction. Soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and /or dumping of materials shall not be allowed within the protected zone. The fencing shall remain in place until all construction activities are complete (corresponds to EIR Mitigation Measure 19). 21. Project proponents shall submit a soils investigation prepared by a qualified soils engineer for future development on the project site. The recommendation of the soils investigation shall be incorporated into final building plans, subject to the review and approval by the Gilroy Engineering Division prior to approval of any building permits (corresponds to EIR Mitigation Measure 20). 22. The project applicant shall design all structures in accordance with the Uniform. Building Code for seismic design. In addition, all recommendations in the geotechnical reports prepared for the project shall be implemented. Structural design is subject to the review and approval by the Gilroy BLES Division prior to the issuance of building permits (corresponds to EIR Mitigation Measure 21). TM 15 -01 Exhibit A n 23. Each tentative map shall include a detention pond or ponds to collect storm water in the case of 2 -, 10 -, 25 -, and 100 -year peak storm events. Detention ponds shall be designed according to the recommendations presented in the Hydrologic Analysis (Schaaf & Wheeler 2005) and should include, but not be limited to the following (corresponds to EIR Mitigation Measure 23): a. The pond(s) should be located to collect the storm water runoff from the project site and discharge to the existing drainage corridors and /or the existing outfalls tributary to Uvas Creek. b. Any discharge from the pond(s) should release a maximum of storm water runoff for pre - project conditions (see tables 18 and 19 in the Draft EIR). C. The pond(s) should be sized a total of approximately 8.9 acre -feet to provide for appropriate storm water quantities and filter pollutants for the purpose of water quality. d. The pond(s) shall not replace any proposed preserved open space at the project site, that was assumed to provide flood control and water quality benefits modeled in the Hydrological Analysis (Schaaf & Wheeler 2003). 24. The project applicant for any proposed development on the project site, shall, for each phase of the development, submit a Notice of Intent (NOI) and detailed engineering designs to the Central Coast RWQCB. The associated permit shall require development and implementation of a SWPPP that uses storm water "Best Management Practices" to control runoff, erosion and sedimentation from the site. The SWPPP must include Best Management Practices that address source reduction and, if necessary, shall include practices that require treatment. The SWPPP shall be submitted to the City of Gilroy Engineering Division for review and approval prior to approval of a building permit for each phase of the project (corresponds to EIR Mitigation Measure 24). 25. The project applicant shall submit plans for review by, and obtain an approved permit from the Santa Clara Valley Water District for any work that requires a permit from the water district (corresponds to EIR Mitigation Measure 25). 26. Future applicants in the Glen Loma Ranch specific plan area shall prepare a post- construction storm water management plan, subject to the review and approval of the Gilroy Engineering Division prior to the approval of final improvement plans, that shall include structural and non - structural best management practices (BMPs) for the reduction of pollutants in storm water to the maximum extent practicable (corresponds to EIR Mitigation Measure 26). 27. Prior to issuance of a grading permit for all areas within the Specific Plan area, the following measures shall be incorporated into the project plans to mitigate construction noise, subject to the review and approval of the City of Gilroy Engineering Division (corresponds to EIR Mitigation Measure 28): TM 15 -01 Exhibit A 7 a. Construction shall be limited to weekdays between 7 AM and 7 PM and Saturdays and holidays between 9 AM and 7 PM, with no construction on Sundays; b. All internal combustion engine- driven equipment shall be equipped with mufflers that are in good condition and appropriate for the equipment; and C. Stationary noise - generating equipment shall be located as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. 28. Add an eastbound and a westbound left -turn lane on the Fitzgerald and Masten approaches to the Monterey Road /Masten Avenue intersection, and change the east -west signal phasing from split phasing to protected phasing (corresponds to EIR Mitigation Measure 30). This intersection is within the City of Gilroy's Transportation Master Plan and therefore, impact fees are collected for improvements at this intersection. Therefore, implementation of this mitigation measure is the responsibility of the project proponent, prior to issuance of the first building permit. 29. The applicant shall design and construct a two -lane roundabout (ultimate condition) at Santa Teresa Boulevard/Tenth Street/Miller Avenue. The City of Gilroy will reimburse the developer for the cost of all ultimate improvements of the RAB intersection up to the budgeted amount shown in the current city traffic impact fund. The design shall be subject to review and approval of the City Engineer and approval of an encroachment permit from Santa Clara County. Construction of the roundabout is required to be completed prior to issuance of the first building permit (corresponds to EIR Mitigation Measure 31). 30. Convert the Thomas Road /Luchessa Avenue intersection to a one -lane modern roundabout (corresponds to EIR Mitigation Measure 33). •V Signalize the Thomas Road /Luchessa Avenue intersection, add a northbound right turn lane, and add a northbound right turn overlap phasing to the signal phasing. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit for Phase I. Note: The mitigated negative declaration for the planned elementary school within the specific plan, located on Luchessa Avenue within the Cabernet neighborhood, required implementation of this mitigation measure prior to opening the school. It was required due to unacceptable levels of services during the mid - afternoon peak hour. The mitigation measure requires the school TM 15 -01 Exhibit A district to pay their fair share of this improvement determined by agreement between the school district and the City of Gilroy. 31. Signalize the Santa Teresa Boulevard /Fitzgerald Avenue intersection and add eastbound and westbound left turn lanes (corresponds to EIR Mitigation Measure 34). The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase II. 32. Due to the possibility that significant buried cultural resources might be found' during construction, the following language shall be included on any permits issued for the project site, including, but not limited to building permits for future development, subject to the review and approval of the Gilroy Planning Division (corresponds to EIR Mitigation Measure 45): If archaeological resources are discovered during construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. 33. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 15064.5(e), subject to the review and approval of the City of Gilroy Planning Division (corresponds to EIR Mitigation Measure 46): If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MILD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MILD or the MILD 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 TM 15 -01 Exhibit A 9 recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. 34. Residential fire sprinklers shall be installed in all residences within the specific plan area over 3,000 square feet, including single - family and multi - family town homes or apartments, and residential clusters with more than 25 units that lack secondary access. Residential fire sprinklers shall be installed prior to occupancy. Prior to approval of future development projects within the specific plan area, the City Fire Marshal may require that all residences have residential fire sprinkler systems, regardless of conditions stated above, especially if streets are narrow, buildings are closely spaced, emergency response time is not met, there is inadequate fire flow, building are adjacent to natural areas, or other conditions exist that could hinder the ability of the City of Gilroy Fire Department to perform fire suppression acts in such case they would be needed. The sprinklers shall be designed and installed in accordance with City of Gilroy Fire Department policies (corresponds to EIR Mitigation Measure 50). ENGINEERING DIVISION CONDITIONS 35. General a. Developer shall perform all work in compliance with city of Gilroy Specifications and Standards Design Criteria and the Development Agreement, and is subject to all laws of the city of Gilroy by reference. Developer shall design street improvements and all off -site storm drainage facilities, sewer and water lines, and all street sections in accordance with city standards and shall follow the most current city master plan for streets, as approved by the city of Gilroy's Public Works Director /City Engineer. 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 of the Improvement Plans to the Engineering Division, the Developer shall submit vector based electronic files readable in PDF format. Additionally, after the Improvement Plans have been found to be technically correct and in substantial conformance with the approved TM 15- 01, the Developer shall again submit vector based electronic files readable in PDF format. d. The developer shall obtain all necessary permits from federal, state, and local agencies as required to construct the proposed improvements including, but not limited to the Santa Clara Valley Water District and Regional Water Quality Control Board. e. The project shall adhere to the Mitigation Measures applicable to TM 15 -01. TM 15 -01 Exhibit A 10 f. Developer shall provide security fencing around the site during construction of the project to the satisfaction of the Public Works Director. g. Developer shall coordinate an inspection with the Public Works Inspector for each lot prior to Engineering signature on Building's Final Clearance Form. 36. FEES a. At final map submittal, Developer shall submit an estimate of the probable cost of improvements. Developer shall pay all plan check and inspection fees, enter into a property improvement agreement, and provide payment and performance bonds. b. Prior to final map approval, Developer shall pay all city and other related fees that the property is subject to. These fees shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with city policy. c. All expedited review fees shall be paid in full prior to approval of final map or as otherwise determined by the Public Works Director /City Engineer. 37. LANDSCAPING. The developer shall submit landscape plans, including irrigation, no later than second improvement plan submittal. Plans requiring such improvements shall be approved by Planning and Engineering prior to final map approval. 38. JOINT TRENCH. Joint trench composite plans shall be approved prior to final map approval or as otherwise determined by the Public Works Director /City Engineer. 39. 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. 40. 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's 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. 41. 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. TM 15 -01 Exhibit A 11 42. 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. 43.WORK INSPECTION. All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the Public Works Director. 44. 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. 45. 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. 46. 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 any portion of a street that abuts property in a residential zone without prior approval from the Public Works Director (§ 15.40.070). 47. STREET MAINTENANCE. The contractor shall clean up all dirt tracked into the public right -of -way on a daily basis. Mud, silt, concrete and other construction debris shall not be washed into the City's storm drains. This shall condition be a note on the grading and improvement plans. 48. RESTORATION OF PUBLIC IMPROVEMENTS. Developer shall repair or replace all existing improvements not designated for removal that are damaged or removed TM 15 -01 Exhibit A 12 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. 49. MONUMENTS. Developer shall comply with the following requirements: a. A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. b. Location of monuments shall be tied out prior to work. Any city monument damaged, displaced or destroyed shall be replaced at the developer's sole expense. c. In accordance with the California Professional Land Surveyors' Act (Business and Professions Code) Chapter 15 Sections 8771 and 8725, California Penal Code 605, and California Government Code 27581, the developer, its employees, subcontractors, and /or any person performing construction activities that will or may disturb an existing roadway /street monument, corner stake, or any other permanent surveyed monument shall show all current monuments on the plans and shall ensure that a Corner Record and /or Record of Survey are filed with the County Surveyor Office prior to disturbing said monuments. All disturbed or destroyed monuments shall be reset and filed in compliance with Section 8771. 50.CONTRUCTION STAGING. 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. 51.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. 52. TRANSPORTATION a. Final streetlight locations shall be to the satisfaction of the City Transportation TM 15 -01 Exhibit A Engineer. 13 b. 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 flowing onto the lots, subject to the review and approval of the City Transportation Engineer. c. 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 and shall be approved prior to grading permit issuance. 53. GRADING /DRAINAGE a. 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. b. 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. c. 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 TM 15 -01 Exhibit A 14 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. 54. WATER CONSERVATION a. 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 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 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. 55. WATER. Developer shall perform field verification testing of the water system and modify any parts of the system that do not perform to the standards established by the City. 56. STORMWATER. This project is subject to post- construction stormwater quality requirements per section 27D of the Gilroy Municipal Code. Signed final Performance Requirement Certifications specified in the Stormwater Guidance Manual shall be submitted and approved by the Engineering Division prior to building permit issuance. a. Stormwater BMP Operation and Maintenance Agreement i. Prior to the issuance of the building permit, the owner(s) of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City. The City shall record this agreement, against the property or properties involved, with the County of Santa Clara and it shall be binding on all subsequent owners of land served by the storm water management treatment BMPs. The City- standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. ii. This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the TM 15 -01 Exhibit A 15 proposed modification or maintenance activity. iii. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and /or repair work and to recover the costs from the owner. iv. All on -site stormwater management facilities shall be operated and maintained in good condition and promptly repaired /replaced by the property owner(s), an owners' or homeowners' association or other legal entity approved by the City. v. Any repairs or restoration /replacement and maintenance shall be in accordance with City- approved plans. vi. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan. b. Stormwater BMP Inspections will be required for this project and shall adhere to the following requirements: i. The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a qualified third party. ii. Unless otherwise required by the Public Works Director /City Engineer or designee, stormwater facility inspections shall be done at least twice per year, once in Fall, in preparation for the wet season, and once in Winter. Written records shall be kept of all inspections and shall include, at minimum, the following information: 1. Site address; 2. Date and time of inspection; 3. Name of the person conducting the inspection; 4. List of stormwater facilities inspected; 5. Condition of each stormwater facility inspected; 6. Description of any needed maintenance or repairs; and 7. As applicable, the need for site re- inspection. iii. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1 st for the Fall report, and no later than March 15th of the following year for the Winter report. FIRE DEPARTMENT CONDITIONS The following conditions shall be shown or included on off -site improvement plans as "Fire Department Notes." Prior to street completion the Fire Marshal shall be contacted and a fire clearance for off -site improvements be scheduled. No building permits will be issued without a Fire Improvement Plan review and Fire Flow Test administered by the Fire Marshal. TM 15 -01 16 Exhibit A 57. Developer shall provide secondary access when 30 or more units served. Secondary Access does not need to serve as public access; however, the roadway shall meet city standards as a street, subject to the review and approval of the Fire Marshal. Any alternative designs are subject to review and approval by the Fire Chief. Additional means of emergency access may be required when conditions for Fire Response are impacted by time /travel distances are deemed excessive or problematic 58. Gated Access Roadways shall be electronic and provided with a click to open electronic opening system compatible with Fire Department equipment, as well as KNOX key override for both Fire and Police access. 59. Fire Hydrants shall be able to flow 1,500 gpm with a 20 psi residual pressure. Street Hydrants shall be spaced every 300 feet, and within 150 feet of any building. Offsite improvement plans shall provide Fire Hydrants per the City Standard. Hydrants shall be installed prior to commencement of construction with combustible materials 60. 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 inch 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. 61. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance of not less than 13.5 feet shall be provided. Turning radii shall not be less than 32 feet inside and 39 feet outside. 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. Dead end streets shall be provided with a cul -de -sac of 78 -foot diameter unless they qualify for an exemption. This shall be subject to the review and approval of the Fire Marshal. 62. Parking restrictions shall be as follows: a. Less than 28 feet, no parking on either side b. Less than 36 feet, no parking on one side. c. At or over 36 feet, parking not restricted. 63. Where parking is restricted, curbs shall be painted red with the stencil "FIRE LANE" every 25 feet, or every 75 feet "No Parking - Fire Lane" signs shall be installed per MUTCD standard. Include curbing and /or signage details in the Off -Site improvement plans. Private roadway striping and /or signage shall be enforced and maintained by the HOA. 64. For private streets; red curbing and signage shall be maintained by the Homeowners' Association. A parking enforcement plan shall be implemented by the TM 15 -01 17 Exhibit A Homeowners' Association. 65. Street names shall be shown on off -site improvement plans and building plans. Addresses shall be assigned by the city Engineering Division prior to improvement plan and building permit submittal. Street signage shall be installed before any on- site improvements (foundations or buildings) begin. 66. Open Spaces, including storm water detention /retention basins, agricultural lots, landscaped and naturally vegetated areas shall have vegetation management to remove dead plants and debris, and to remove, disc or mow weeds during weed abatement season from April to November of each year. In HOA- managed areas, the HOA shall be responsible. For privately -owned property, the property owner shall be responsible. .. ' EXHIBIT B Mitigation Monitoring Program Glen Loma Ranch Specific -Plan Mitigation Monitoring Program Introduction CEQA Guidelines section 15497 requires public agencies to adopt reporting or monitoring programs when they approve projects subject to an environmental impact report or a negative declaration that includes mitigation measures. to avoid significant adverse environmental effects. The reporting or monitoring program is to be designed to ensure compliance with conditions of project approval during project implementation in order to avoid significant adverse environmental effects.. The law was passed in response to historic non - implementation of mitigation measures presented in environmental documents and subsequently adopted as conditions of project .approval. In addition, monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures. A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measure's compliance. This monitoring program is designed to provide a mechanism to ensure that mitigation measures and subsequent conditions of project approval are implemented.. Monitoring Program The basis for this monitoring program is the mitigation measures included in the project environmental impact report. These mitigation measures are designed to eliminate or reduce significant adverse environmental effects to less than significant levels. These mitigation measures become conditions of project approval, which the project proponent is required to complete during and after implementation of the proposed project. The attached checklist is proposed for monitoring the implementation of the mitigation measures. This monitoring checklist contains all appropriate mitigation measures in the Final EIR. EMC Planning Group Inc. 1 Mitigation Monitoring Progren. Glen La. anch Specific Plan Final EIR Monitoring Program Procedures The City of Gilroy shall use the attached monitoring checklist for the proposed project. The monitoring program should be implemented as follows: 1. The Gilroy Community Development Department should be responsible for coordination of the monitoring program, including the monitoring checklist. The Community Development Department should be responsible for completing the monitoring checklist and distributing the checklist to the responsible individuals or agencies for their use in monitoring the mitigation measures; 2. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring checklist have been complied with. Once all mitigation measures have been complied with, the responsible individual or agency should submit a copy of the monitoring checklist to the Community Development Department to be placed in the project file.. If the mitigation measure has not been complied with, the monitoring checklist should not be returned to the Community Development Department; 3. The Gilroy Community Development Department will review the checklist to ensure that appropriate mitigation measures and additional conditions of-project approval included in the monitoring checklist have been complied with at the appropriate time, e.g. prior to,issuance of a use permit, etc. Compliance with mitigation measures is required for project approvals; and . . . 4. If a responsible individual or agency determines that a non - compliance has occurred, a written notice should be delivered by certified mail to the project proponent within 10 days, with a copy to the Community Development Department, describing'the non - compliance and requiring compliance within a specified period of time. If non- compliance still exists at the expiration.'of the specified period of time, construction may be halted and fines 'may be imposed at, the discretion of the City of Gilroy. 2 EMC Planning Group Inc. Glen Lorna Ranch &ecif+ .z Final EIR Midgation Morutoring Program Glen Loma Ranch Specific Plan Mitigation Monitoring Checklist Step 1 Prior to approval of the Specific Plan, the following mitigation measure shall be implemented: 23. The specific plan shall be revised to include a detention pond or ponds to collect storm .water in the case of 2 -, 10 -, 25 -, and 100 -year peak storm events. Detention ponds shall be designed according to the recommendations presented in the Hydrologic. Analysis (Schaaf & Wheeler 2005) and should include, but not be limited to the :following: a. The pond(s) should be located to collect the storm water runoff from the project site and discharge to either McCutchin, or Reservoir Creeks. b. Any discharge from the pond(s) should release a maximum of storm water runoff for pre - project conditions (see tables 18 and 19 in the Draft EIR). C. The pond(s) should be sized a total of approximately 8.9 acre -feet to provide for appropriate storm water quantities and filter pollutants for the purpose of water quality. d. The pond(s) shall not replace any proposed preserved open space at the project site, as the preserved open space provides flood control and water quality benefits modeled in the Hydrological Analysis (Schaaf & Wheeler 2003). Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division Step 2 Prior to approval of the first tentative map, the following mitigation measure . shall be implemented: 1. Prior to the approval of the first tentative map, the project proponent shall prepare a Santa Teresa Boulevard Landscaped Buffer Plan to include, but not be limited to, the following components: • A buffet along the entire length of the boulevard, in varying identified widths depending upon topography and views into the site; • Landscaping along Santa Teresa Boulevard to enhance and blend into the natural landscape and screen, to the greatest extent feasible, views of structures including berm/soundwall combinations; • Design options for entry features consistent with General Plan policy 1.10; • Design options for berm./sound wall combinations and signs; and. EMC Planrdng Group Inc. 3 Midgation Monitoring Program Glen Lcm, . ranch Specific Plan Final EIR Class I Santa Teresa Multi-Use Regional Trail. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division 12. The preserved serpentine rocky grassland on site shall be actively managed to reduce indirect impacts resulting from public use. This may include ranch -style wood fencing surrounding the knoll to protect the area from off -road vehicle use. Additionally, a short trail system could be installed to direct public access with interpretive signs at trailheads to educate the public on the uniqueness of the serpentine grassland community. The project proponent of any future development on the project site shall include habitat management measures in future project plans, subject to review and approval of the City of Gilroy Planning Division prior to approval of the tentative map for Canyon Creek and/or Rocky Knoll, whichever occurs first. Party responsible for implementation: Project Proponent Party responsible far monitoring: Gilroy Planning Division 47. Prior to approval of the first tentative map, the applicant shall provide written verification and mapping of the approximate 17 percent of the project site previously used for non - dryland crop use (e.g., wine grapes, tomatoes, cucumbers, strawberries). Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division 48. Prior to approval of tentative maps, use permits, or architectural review applications of neighborhoods identified as part of mapping required in Mitigation Measure #47, the developer shall have a Phase I Environmental Site Assessment prepared. Based on the findings of the Phase I Environmental Site Assessment, clean up and disposal of such contamination, if present, shall be in compliance with federal, state and local regulations governing the clean-up and disposal of hazardous waste. Party responsible for implementation: Project Proponent Party responsible far monitoring: Gilroy Planning Division 49. Prior to approval of the first tentative map, the project proponent shall prepare a program for monitoring the need for development of the new fire station. The monitoring program shall be consistent with the requirements of the development agreement between the project proponent and the City of Gilroy and is subject to review by the City Fire Marshal. 4 EMC Planning Group Inc. Glen Loma Ranch Specifn...an Final EIR Mitigation Monitoring Program Party responsible for implementation.' Project Proponent Party responsible for monitoring. Gilroy Fire Marshal 51. Prior, to approval of the first tentative map, the project proponent shall have an "urban wildland interface planner ", or other professional acceptable to the City of Gilroy Fire Marshal, prepare a report to address the vegetation in the Preserved Open Space and evaluate fuel management and modification: The report shall be based -on fuel modeling and fire behavior for the existing vegetation. As each neighborhood adjacent to the Preserved Open Space is developed, the recommendations of the report shall be implemented by the developer in the adjacent Preserved Open Space. The required width of the Fuel Transition Zones shall also be at least the width as recommended in the report. Party responsible for implementation: Project Proponent Party responsible for monitoring. Gilroy Fire Marshal Step 3 Prior to approval of each tentative map or use permit, the following mitigation measure shall be implemented: 7. . Prior to approval of each tentative map or use permit, project plans for future development on the project site shall be designed to include adequate buffer areas to protect wetlands, waters of the U.S., oak /riparian woodland, and other open space areas to be preserved in the specific plans area (coastal scrub areas, mixed cultivated woodland, and rocky serpentine grassland areas), subject to review and approval of the City of Gilroy Planning Division. Project plans shall indicate that no development is to occur within 100 feet of a defined creek bank or edge of riparian corridor.. Project plans shall indicate that no development is to occur within 50. feet of other open space areas; however, this setback may be reduced due to site constraints or to accomplish specific project goals subject to review and approval of the City of Gilroy Planning Division, but shall in no event be less than 30 feet. Wherever possible, buffer areas shall be planted with locally - obtained native grasses, shrubs and woodland understory species. Party responsible for implementation: Project Proponent Party responsible for monitoring. Gilroy Planning Division S. Prior to approval of each tentative map or use permit, project plans for future development on the project site shall be designed to avoid unnecessary filling or other disturbance of natural drainage courses and associated oak/riparian woodland vegetation to the greatest extent feasible, subject to review and approval of the City of Gilroy Planning Division. In the event that disturbance of site drainages and associated oak/riparian woodland vegetation cannot be avoided (i.e., Reservoir Canyon Creek Bridge construction, culverts, storm drain outfalls, etc.), authorization from the California Department of Fish and Game EMC Planning Group Inc. 5 A9idgatlon Monitoring Program Glen Lon,. anch Specific Plan Final EIR through Section 1600 et. seq. of the Fish and Game Code and /or the U.S. Army Corps of Engineers through Section 404 of the Clean Water Act and the Regional Water Quality Control Board through Section 401 of the Clean Water Act shall be obtained, if required, prior to issuance of building or grading permits for any activity that might encroach on the site's drainages. Conditions imposed on these permits and/or authorizations may include but not be limited to the following: Construction work shall be initiated and completed during the summer and fall months when the drainages are dry, or at least have a very low flow. Typically, no construction work shall be allowed between October 15th and April 15th. A Habitat Restoration Plan shall be prepared to identify the exact amount and location of affected and replacement habitat, to specify on -site revegetation with locally - obtained native species within the buffer areas to mitigate habitat loss, and to provide specifications for installation and maintenance of the replacement. habitat. Any loss of riparian or wetland vegetation resulting from construction activities shall be mitigated on -site at a minimum 3:1 replacement ratio. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division 13. Prior to approval of each individual tentative map or use permit, subject to the review of the Gilroy Planning Division, the project applicant shall install siltation fencing, hay bales, or other suitable erosion control measures along portions of natural and manmade drainage channels in which construction will occur and within 20 feet of construction and /or staging areas in order to prevent sediment from filling the creek. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division 15. Prior to approval of a tentative map for each phase, of the proposed project requiring removal or alteration to potential wetlands and /or waters of the U.S., a wetland delineation shall be prepared according to U.S. Army Corps of Engineers guideline&. The actual acreage of impacts to waters of the U.S. and wetlands shall be determined based on project plans for each development project and the wetland delineation for each development phase. The project proponent shall obtain all necessary permits and /or approvals from the U.S. Army Corps of Engineers and shall retain a restoration specialist to prepare a detailed wetland mitigation plan, if necessary, subject to review and approval by the U.S. Army Corps of Engineers and the City of Gilroy Planning Division. The plan shall include, but not be limited to, creation of wetlands on site to mitigate for . 6 EMC Planning Group Inc. Glen Loma Ranch Specb, n Rnal EIR M gadon MonrtoHng Program unavoidable impacts to waters of the U.S. and wetlands resulting from development activities. Party responsible for implementation: Project Proponent Party responsible fir monitoring: Gilroy Planning Division 17. 'Prior to approval of a tentative map for each phase of the proposed project containing or adjacent to preserved natural open space areas, a signage plan shall be prepared to outline the language, number and location of signs to dissuade people from straying off trails and to prohibit unleashed dogs in the open space areas, subject to approval by the City of Gilroy Planning Division. Party responsible for implementation: Pmjeat Proponent Party responsible for monitoring: Gilroy Planning Division 18. Prior to tentative map or use permit approval of areas that contain any significant tree(s), a field survey shall be conducted by a certified arborist to determine the number and location of each significant tree to be removed; the type and approximate size of each significant tree, and the reason for removal. These findings shall be included in a written report that contains specifications for replacing significant trees to be removed. Party responsible for implementation: Project Proponent Party responsible for monitoring.- Gilroy Planning Division 22. Project developers shall have a fault investigation performed for each tentative map or site plan approval within the fault rupture zone to determine if there is an active faultlocated within the fault rupture zone. The investigation shall determine, but not be limited to, the location of the fault (if any)., and the anticipated severity of seismic activity of the fault. A .copy of the report shall be presented to the City of Gilroy and the. County of Santa Clara Planning Office. Project developers shall use the findings of the report for structural design or avoidance of the potential hazard. The fault investigations shall be subject to the review and approval by. the City. Engineering Division, prior to the approval of tentative maps and /or architectural and site plan approval. Party responsible for implementation: Project Proponent Party responsible far monitoring. • Gilroy Planning Division 27. Future developers adjacent to Santa Teresa Boulevard, and along internal project arterials, shall prepare a noise impact assessment; by a noise consultant acceptable to the- City, to determine if the project would be significantly affected by general plan buildout traffic volumes. If the noise impact assessment EMC Planning Group Inc, 7 Mitigation Monitoring Program Glen Lori, .inch Specific Plan Final EIR concludes that the project would not meet the noise standards of the general plan, the project shall be redesigned to be consistent with the general plan noise element policy 26.03 and 26,05, and with the noise standards in the Guidelines for Sound Attenuation and Visual Preservation of the Santa Teresa Boulevard Corridor Policy. The noise attenuation feature shall be no higher than seven feet above the existing grade at the property line. The appropriate height of the noise attenuation feature shall be incorporated into applicable tentative maps prior to their approval. Noise attenuation features shall be landscaped and primarily consist of earthen berms,. and an appropriate funding mechanism for maintenance shall be identified. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division Step 4 Prior to recordation of the first final map and/or final improvement plans, the following mitigation measures shall be implemented: 11. Prior to recordation of the first final map within the Glen Loma Ranch Specific Plan area, the project proponent shall ensure that a suitable ownership structure (i.e,, homeowner's association or similar mechanism) is established prior to occupancy to take long -term responsibility for maintaining and funding the ongoing management of any open space, woodland, vegetated riparian, or other habitat conservation easements on site. The homeowners' association, or other suitable mechanism, shall be structured so that it is responsible for enforcing habitat protection and maintenance measures to protect onsite biological resources. The homeowners' association may assess fines to property owners who are noncompliant with these measures. Fines assessed by the homeowner's association shall be used for on -site habitat protection, maintenance, and restoration, as necessary. Any noncompliance shall be reported to the City of Gilroy Planning Division and the California Department of Fish and Game by the homeowners association. Party responsible for implementation: Project Proponent Parry responsible fir monitoring: Gilroy Planning Division 16. A schematic lighting plan shall be submitted with each development proposal for review and approval by the Planning Division. Exterior lighting for any development proposed adjacent to open space areas shall be of low stature (i.e., 20 feet) and shall be of a full cutoff design or include opaque shields to reduce illumination of the surrounding landscape. Lighting shall be directed away from open space areas. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division 8 EMC Planning Group Inc. Glen Loma Ranch Speck. .n Final EIR Mitigation WnNoft Program 26. Future applicants in the Glen Loma Ranch specific plan area shall prepare a post - construction storm water management plan, subject to the review and approval of the Gilroy Engineering Division prior to the approval of final improvement plans, that shall include structural and non- structural best management practices (BMPs) for the reduction of pollutants in storm water to the maximum extent practicable. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Engineering Division Step S Prior to approval of each final grading plan, the following mitigati on measure shall be implemented: 3. Project proponents shall specify in project plans the implementation of the following dust control measures during grading and construction activities for any proposed development. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Engineering Division: The following measures shall be implemented at all construction sites: • Water all active construction areas at least twice daily; • . Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; • Pave, apply water three times daily, or apply (non -toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; • Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; and • Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. The following measures shall be implemented at all construction sites greater than four acres in area: • Hydroseed or apply (non - toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); • Enclose, cover, water twice daily or apply (non - toxic) soil binders to exposed stockpiles (dirt, sand, etc.); • Limit traffic speeds on unpaved roads to 15 mph; EMC Planning Group Inc. 9 Mitlgadon Monitoring Progran, Glen La. ranch Speo is Plan Final EIR • Install sandbags or other erosion control measures to prevent silt runoff to public roadways; and • Replant vegetation in disturbed areas as quickly as possible. The following measures are strongly encouraged at construction sites that are large in area, located near sensitive receptors or which for any other reason may warrant additional emission reductions: • Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; • Install wind breaks, or plant trees /vegetative windbreaks at windward side(s) of construction areas; • Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and • Limit the area subject to excavation, grading and other construction activity at any one time. Party responsible for implementation: Project Proponent Party responsible for monitoring.- Gilroy Engineering Division Step 6 30 days prior to commencement of grading or construction activities, the following mitigation measure shall be implemented: 4. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential habitat (i.e., grasslands), field surveys shall be conducted by a qualified biologist to determine if burrowing owls are present in the construction zone or within 200 feet of the construction zone. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. These surveys shall be required only if any construction would occur during the nesting and /or breeding. season of burrowing owls (February 1 through August 31) and /or during the winter re$idency period (December 1 through January 31). If active nests are found within the survey area, a burrowing owl habitat mitigation-plan shall be submitted to the California Department of Fish and Game for review and approval. The burrowing owl habitat mitigation plan shall contain mitigation measures contained in the California Department of Fish and Game Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game 1995). The habitat mitigation plan may include, but not be limited to, the following: • Avoidance of occupied burrows during the nesting season (February 1 through August 31); 10 EMC Planning Group Inc. Glen Loma Ranch Specit. ; Final EIR Mitigation Monitoring Program Acquisition, protection and funding for long -term management and monitoring of foraging habitat adjacent to occupied habitat; Enhancement of existing burrows and /or creation of new burrows; and /or Passive relocation of burrowing owls. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division 5. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential. nesting habitat (i.e., riparian woodland and oak woodland),'a tree survey shall be conducted by a qualified biologist to determine if active nest(s) of protected birds are present in the trees. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. This survey shall be required only if any construction would occur during the nesting and /or breeding season of protected bird species potentially nesting in the tree (generally March 1 through August 1). If active nest(s) are found, clearing and construction within 200 feet of the tree, or as recommended by the qualified biologist, shall be halted until the nest(s) are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting, as determined by the qualified biologist. If construction activities are not scheduled between March 1 and August 1, no further shrike or tree surveys shall be required. Party responsible for implementation: Project Proponent Party responsible for monitoring. Gilroy Planning Division 6. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential roost habitat (i.e., riparian woodland and oak woodland), pre- construction surveys for bat roosts shall be performed by a qualified biologist. If bat roost sites are found, the biologist shall implement a program to remove /displace the bats prior to the removal of known roost sites. In addition, an alternate roost site shall be constructed in the vicinity of the known roost site. Specifications of the alternate roost shall be determined by a bat specialist. Pasty responsible for implementation: Project Proponent Party responsible for monitoring .• Gilroy Planning Division 19. Prior to commencement of construction activities, the protected zone of any trees or groups of trees to be retained shall be fenced to prevent injury to the trees EMC Planning Group Inc. Mltlgatlon Monitoring Program Glen Lon. inch Speciflc Plan Final EIR during construction. Soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and /or dumping of materials shall not be allowed within the protected zone. The fencing shall remain in place until all construction activities are complete. Party responsible for implementation: Project Proponent Party responsiblefor monitoring.- Gilroy Planning Division Step 7 Prior to approval and issuance of the first building permit in Phase I, the following mitigation measures shall be implemented: 30. Add an eastbound and a westbound left-turn lane on the Fitzgerald and Masten approaches to the Monterey Road /Masten Avenue intersection; and change the east -west signal phasing from split phasing to protected phasing. This intersection is within the City of Gilroy's Transportation Master Plan and therefore, impact fees are collected for improvements at this intersection: Therefore, implementation of this mitigation measure is the responsibility of the project proponent, prior to issuance of the first building permit. Party responsible for implementation, Project Proponent Party responsible for monitoring: Gilroy Engineering Division 31. Signalize the Santa Teresa Bouielvard /Miller Avenue intersection. This intersection is within the City of Gilroy's Transportation Master Plan and therefore, impact fees are collected for improvements at this intersection. Therefore, implementation of this mitigation measure is the responsibility of the project proponent, prior to issuance of the first building permit. Party responsible for implementation: Project Proponent Party responsible for monitoring.- Gilroy Engineering Division 32. Change the signal phasing at the Monterey Road /Tenth Street intersection for the east -west travel direction from permitted phasing to protected phasing. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the. first building permit in Phase 1. Party responsible for implementation: Project Proponent Party responsible for monitoring Gilroy. Engineering Division 12 EMC Planning Group Inc. r� Glen Loma Ranch Specit,. a Final EIR Wigatlon Monitoring Program 33. Convert the Thomas Road /Luchessa Avenue intersection to a one -lane modem. roundabout. r� A Signalize the Thomas Road/Luchessa Avenue intersection, add a northbound right turn lane, and add a northbound right turn overlap phasing to the signal phasing. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit for Phase 1. . Note: The mitigated negative declaration for the planned elementary school within the specific plan, located on Luchessa Avenue within the Cabernet neighborhood, required implementation of this mitigation measure prior to opening the school. It was required due to unacceptable levels of services during the mid- afternoon peak hour. The mitigation measure requires the school district to pay their fair share of this improvement determined by agreement between the school district and the City of Gilroy. Party responsible for implementation: Project Proponent Party responsible for monitoring.' Gilroy Engineering Division Step 8 Prior to approval and issuance of the first building permit in Phase H, the following mitigation measures shall be irnplemented: 34. Signalize the Santa. Teresa Boulevard /Fitzgerald Avenue intersection and add eastbound and westbound left turn lanes. The project proponent shall be responsible for paying, for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase H. Party responsible for implementation: Project Proponent Party responsible for monitoring.' Gilroy Engineering Division 35... Add a northbound left turn lane to the Uvas Park Drive /Miller Avenue intersection. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure,, prior to the issuance of the first building permit in Phase H. Party responsible for implementation. Project Proponent EMC Planning Group Inc. 13 Mitigation Monitorl E29mrr, Glen Lo). ..xch Specific Plan Final EIR Party responsible for monitoring. - Gilroy Engineering Division . 36. Prepare a traffic management plan of the Miller Avenue street section southwest of the intersection with Uvas Park Drive. The project proponent shall be responsible for preparation of the plan. The plan shall be subject to review and approval by. the City staff and constructed by the project, prior to issuance of the first building permit in Phase II. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Engineering Division Step 9 Prior to approval and issuance of the fast building permit in Phase III, the following mitigation measures shall be implemented: 37. Add second eastbound and. westbound left turn lanes to the Santa Teresa Boulevard /First Street intersection. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first . building permit in Phase III. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Engineering Division 38. Add a southbound left turn lane to the Santa Teresa Boulevard /Ballybunion Drive intersection and convert the north -south signal phasing from permitted phasing to protected phasing. . The project proponent shall be responsible for paying for the design and implementation. of this mitigation measure, prior to the issuance of the fast building permit in Phase III: Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Engineering Division 39. Signalize the Uvas Park Drive /Miller Avenue intersection and add northbound and southbound left -turn lanes. The project proponent shall be responsible fnr paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. 14 EMC Planning Group Inc. Glen Loma Ranch Specifli— an Final EIR M/tlgatlon Monitoring Program Note:. This intersection would operate at LOS C during the AM and PM peak hours with implementation of this improvement. However, under General Plan Buildout Conditions, the Tenth Street Bridge would be required to be constructed. With the Tenth Street Bridge, this intersection would operate at LOS A during the AM peak hour and LOS C during the PM peak hour with NO improvements, e.g. signalization and lane additions. Therefore, the mitigation measure identified above would not be required under General Plan Buildout Conditions, assuming the Tenth Street Bridge were constructed. One option would be to only add the northbound left -turn lane as recommended in the previous scenario (Background Plus Project Phases I and II) and consider LOS E as an acceptable short term level of service for this intersection. Another option is to implement the mitigation measure above (signalize the intersection and add the left -turn lanes, which would improve operations to LOS C during the AM and PM peak hours), with the knowledge that the signal could be removed once the Tenth Street Bridge is constructed at General Plan Buildout Conditions. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Engineering Division 40. Convert the signal phasing at the Princevalle Street /Tenth Street intersection from permitted phasing to protected phasing. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Engineering Division 41. If the Thomas Road /Luchessa Avenue intersection was converted to a one lane modern roundabout, add a second lane to the roundabout and widen the Luchessa Avenue Bridge to four lanes. This would result in LOS A during both the AM and PM.peak hours. •o If the Thomas Road /Luehesss Avenue intersection was signalized and a northbound right turn lane was added, add a second westbound left turn lane and westbound through lane and widen the Luchessa Avenue Bridge to four lanes. The project proponent shall be responsible for paying for the design and implementation bfthis mitigation measure, prior to the issuance of.the first building permit in Phase M. EMC Planning Group Inc. 15 Mitigation Monitoring Program Glen Lon._ inch Specific Plan Final E/R Party responsible for implementation: Project Proponent Party responsible for monitoring Gilroy Engineering Division 42. Signalize the Princevalle Street /Luchessa Avenue intersection and add an eastbound left turn. lane. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. Party responsible for implementation: Project Proponent Party responsible for monitoring. Gilroy Engineering Division 43. Add second northbound and westbound left turn lanes at the Monterey Street/Luchessa Avenue intersection. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Engineering Division 44. Add an eastbound and westbound through lane on First Street at its intersection with Santa Teresa Boulevard. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Engineering Division Step 10 Prior to. approval and issuance of building or grading permits, the following mitigation measures shall be implemented: 9. Any loss of oak and /or riparian woodland habitat resulting from development shall require the project proponent to retain a qualified biologist to prepare a Habitat Restoration Plan to identify the exact amount and location of affected and replacement habitat, specify an appropriate plant palette, and provide specifications for installation and maintenance of the replacement habitat. Replacement vegetation shall consist of locally- obtained native plant species. Any loss of riparian woodland vegetation shall be mitigated on -site at a minimum 78 EMC Planning Group Ina Glen Loma Ranch Sped., In Final E!R Mrtlgatlon Monitoring Program of 3:1 replacement ratio, unless otherwise determined by the Department of Fish and Game and the City of Gilroy. Any loss of oak woodland vegetation shall require preservation of on -site oak woodland at a ratio of 3:1 and replanting on- site at a ratio of 1:1, unless otherwise determined by the Department of Fish and Game and the City of Gilroy. 'The-Habitat Restoration Plan shall be prepared prior to issuance of building or grading permits for any activity, requiring removal of oak and /or riparian woodland habitat, subject to review and approval of the . City of Gilroy Planning Division and California Department of Fish and Game. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division 14. Prior to issuance of grading and /or building permits, the project proponent of any future development on the project site shall submit a Landscape Plan, for review and approval by the City of Gilroy Planning Division. Landscaping plans for areas adjacent to riparian habitat shall include appropriate guidelines to prevent contamination of drainages and their associated riparian habitat by pesticides, herbicides, fungicides, andferf&ers. Landscaping shall include appropriate native plants species and should not include plantings of non- native, invasive plant species. Party responsible fir implementation: Project Proponent Party responsible for monitoring. Gilroy Planning Division 20. Project proponents shall submit a soils investigation prepared.by a qualified soils engineer for future development on the project site. The recommendation of the soils investigation shall be incorporated into final building plans, subject to the review and approval by the Gilroy Engineering Division prior to approval of any building permits. Party responsible for implementation: Pmject Proponent Party responsible for monitoring.' Gilroy Engineering Division 21. The project applicant shall design all structures in accordance with the Uniform Building Code for seismic design. In addition, all recommendations in the geotechnical reports prepared for the project shall be implemented. Structural design is subject to the review and approval by the Gilroy BLES Division prior to the issuance of building permits. Party responsible fir implementation: Project Proponent Party responsible for monitoring: Gilroy Building, Life, and Environmental Safety Division EMC Planning Group Inc, 17 Mitigation Monitoring Prograt,. Glen Lo,. �anch Specgc Plan Final EIR 24. The project applicant for any proposed development on the project site, shall, for each phase of the development, submit a Notice of Intent (NOI) and detailed engineering designs to the Central Coast RWQCB. The associated permit shall require development and implementation of a SWPPP that uses storm.water "Best Management. Practices" to control runoff, erosion and sedimentation from the site, The SWPPP must include Best Management Practices that address source reduction and, if necessary, shall include practices that require treatment. The SWPPP shall be submitted to the City of Gilroy Engineering Division for review and approval prior to approval of a building permit for each phase of the project. Party responsible for implementation: Project Proponent Party responsible for monitoring. Gilroy EngineeringDivision 25. The -project applicant shall submit plans for review by, and obtain an approved permit from the Santa- Clara Valley Water District (SCVWD) prior to any work within 50 feet of on -site drainages, wetlands or riparian habitat. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning. Division 28. Prior to issuance of a grading permit for all areas within the Specific Plan area, the following. measures shall. be incorporated into the project plans to mitigate construction noise, subject to the review and approval of the City -of Gilroy Engineering Division: a. Construction shall be limited to weekdays between 7 AM and 7 PM and -Saturdays and holidays between 9 AM and 7 PM, with no constriction on Sundays; b. All internal combustion engine - driven equipment shall be equipped with mufflers that are in good condition and appropriate for the equipment; and c. Stationary noise-generating equipment shall be located as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. Party responsible for implementation: Project Proponent Party responsible for monitoring .• Gilroy Engineering Division 18 EMC Planning Group Inc. Glen Loma Ranch Speclho.. -A Final E!R _ Mitigation Monitoring Pro rg am 45. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included on any permits issued for the project site, including, but not limited to building permits for future development, subject to the review and approval of the Gilroy Planning Division: If archaeological resources are discovered during construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. Party responsible for implementation: Project Proponent Party responsible for monitoring. Gibvy Planning Division 46. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 15064.5(e), subject to the review and approval of the City of Gilroy Planning Division: If human remains are found during construction there shall be, no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. if the coroner determines the remains to be Native American the coroner shall contact the Native American- Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MID may then make recommendations to the landowner or the' person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative ' shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance ,if a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed, to make a recommendation within 24 hours after being notified 'by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. EMC Planning Group Inc. 19 Mitigation Monitoring Progm, Glen La. ench SpedtTc Plan Flnot E1R Party responsible far implementation: Project Proponent Party responsible for monitoring. Gilroy Planning Division Step 11 Prior to approval of commencement of construction activities associated with the Reservoir Canyon Creek Bridge. the following mitigation measure shall be implemented: 10. Prior to commencement of construction activities associated with Reservoir Canyon Creek Bridge, the project proponent responsible for_ construction of the bridge shall arrange for a qualified biologist to monitor bridge construction activities to ensure there are no impacts to wetlands and associated oak/riparian woodland habitat. Party responsible for implementation: Project Proponent Party responsible for monitoring Gilroy Planning Division Step 12 Prior to approval of the flat occupancy permit, the following mitigation measure shall be implemented: 50. Residential fire sprinklers shall be installed in all residences within the specific plan area over 3,000 square feet, including single - family and multi- family town homes or apartments, and residential clusters with more than 25 units that lack secondary access. Residential fire sprinklers shall be installed prior to.occupancy: Prior to approval of future development projects within the specific plan area, the City Fire Marshal may require that all residences have residential fire sprinkler systems, regardless of conditions stated above, especially if streets are narrow, buildings are closely spaced, emergency response time is not met, there is inadequate fire flow, building are adjacent to natural areas, or other conditions exist that could hinder the ability of the City of Gilroy Fire Department to perform fire suppression acts in such case they would be needed. The sprinklers shall be designed and installed in accordance with City of Gilroy Fire Department policies. Party responsible for implementation: Project Proponent Party responsible for monitoring. Gilroy Fire Marshal 52. The Glen Loma Ranch Homeowner's Association shall take full responsibility for. management and maintenance of the preserved open space areas within the. project site. Seasonal vegetation management should be scheduled to occur at the end of the rainy season and consistent with the annual weed abatement resolution. The HOA should implement any vegetation management in the Preserved Open Spaces and Fuel- Transition Zones at the beginning: of the weed 20 EMC Planning Group Inc Glen Loma Ranch Spech,. .n Final EIR Mitigation Monitoring Program abatement season. This language shall be included in,the HOA conditions, covenants, and restrictions., Parry responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division Note: Mitigation measure 29 is not the responsibility of the project proponent. 29. Lengthen the existing southbound acceleration lane at Castro Valley Road as an auxiliary lane between Castro Valley Road and the off -ramp to Highway 25. The combined acceleration /auxiliary lane would extend the nearly 2,000 feet between Castro Valley Road and the off-ramp to Highway 25. This intersection is outside of the City of Gilroy's Transportation Master Plan and therefore, impact fees are not collected for improvements at this intersection. Therefore, implementation of this mitigation measure is the responsibility of the County of Santa Clara. Party responsible for implementation: County of Santa Clara Party responsible for monitoring: County of Santa Clara EMC Planning Group Inc 21 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2016 -01 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 4h day of January, 2016 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 5h d4& January, 2016. Freels, MNW rk of the City of Gilroy (Seal)