Ordinance 2016-08ORDINANCE NO. 2016-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING PLANNED UNIT DEVELOPMENT ZONING AMENDMENT
(Z 15-06) LOCATED AT 8450 WREN AVENUE. FILED BY CALATLANTIC
HOMES
WHEREAS, CalAtlantic Homes (formerly known as Standard Pacific Homes), submitted an
application requesting a Planned Unit Development zoning amendment (Z 15 -06) to allow a Planned
Unit Development on the subject property; and
WHEREAS, Z 15 -06 design requests building setback deviations; and
WHEREAS, the developer proposes to provide: a HOA- maintained park with picnic table,
BBQ, play structure, play area, benches and open play area consisting of artificial 'turf; public art,
currently anticipated to be located within the park, but visible from the entry road; HOA- maintained
landscaped pathways along eastern detention basins; HOA- maintained 6' public sidewalk along
Wren Avenue; HOA- maintained 16' landscaped PSE along Wren Avenue; HOA- maintained: interior
streets, sidewalks, common -area landscaping; and sidewalks on both sides of all private streets as
Planned Unit Development amenities; and
WHEREAS, Z 15 -06 is consistent with applicable general plan and zoning designations; has
no value as habitat for endangered, rare or threatened species; would not result in any significant
effects relating to traffic, noise, air quality, or water quality; and can be adequately served by all
required utilities and public services; and
WHEREAS, the Planning Commission held a duly noticed public hearing on Z 15 -06 on
February 18, 2016, at which public hearing the Commission considered Z 15 -06, staff report, public
comments and testimony, and all other documentation or other evidence received on Z 15 -06; and
WHEREAS, the Planning Commission has determined that Z 15 -06 complies with all
required Planned Unit Development findings; and
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WHEREAS, the City Council has considered the Z 15 -06, in accordance with the Gilroy
Zoning Ordinance, and other applicable standards and regulations; and
WHEREAS, the City Council held a duly noticed public hearing on Z 15 -06 on March 21,
2016, at which public hearing the City Council considered Z 15 -06, staff report, public comments
and testimony, and all other documentation or other evidence received on Z 15 -06; and
WHEREAS, the City Council has determined that Z 15 -06 complies with all required
Planned Unit Development findings:
i) Z 15 -06 conforms to the Gilroy General Plan in terms of general location and standards of
development.
ii) Z 15 -06 provides the type of development that will fill a specific need of the surrounding
area.
iii) Z 15 -06 will not require urban services beyond those that are currently available.
iv) Z 15 -06 provides a harmonious, integrated plan that justifies exceptions to the normal
requirements of this ordinance.
v) Z 15 -06 reflects an economical and efficient pattern of land uses.
vi) Z 15 -06 includes greater provisions for landscaping and open space than would generally be
required.
vii) Z 15 -06 utilizes aesthetic design principles to create attractive buildings and open space areas
that blend with the character of surrounding areas.
viii) Z 15 -06 will not create traffic congestion, noise, odor or other adverse effects on surrounding
areas.
ix) Z 15 -06 provides adequate access, parking, landscaping, trash areas and storage, as
necessary.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION I
Zoning change application Z 15 -06 is hereby approved subject to the conditions as
attached hereto as Exhibit "A."
SECTION H
If any section, subsection, subdivision, sentence, clause or phrase of this ordinance is for any
reason held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council
hereby declares that it would have passed this Ordinance and each section, subsection, subdivision,
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sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses or phrases be declared unconstitutional.
SECTION III
This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption.
PASSED AND ADOPTED this 4th day of April, 2016 by the following vote:
AYES: COUNCILMEMBERS: AULMAN, BRACCO, HARNEY, LEROE-
MUNOZ, TUCKER, VELASCO and WOODWARD
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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EXHIBIT A
Note: The following abbreviations identify the City department or division responsible for
determining compliance with these conditions. The first group listed has responsibility for
compliance at plan check, the second confirms compliance with the condition at final
inspection, prior to final occupancy or issuance of a certificate of occupancy, or as
specified in the condition. If only one group is identified, they have responsibilities from
initial review through compliance verification. An internal condition reference number is
located at the end of each condition (e.g. G -1 or MND -S2).
RESPONSIBLE DEPARTMENTS/DIVISIONS
BL
Building Division/Inspectors
PK
Parks/Landscape Design
CA
City Attorney
PL
Planning Division
CC
Chemical Control Agency
PW
Public Works/Engineering
FP
Fire Prevention
TR
Traffic Division
PD
Police Department
WW
Wastewater /Source Control
GENERAL PROJECT CONDITIONS
Approval of a planned unit development Z 15 -06 (hereinafter "this permit ") is granted for
approved plans stamped as "Received on January 11, 2016" ( "the plans ") on file with the
Planning Division. Build -out of the project shall conform to the plans, except as otherwise
specified in these conditions. Any future adjustment or modification to the plans shall be
considered by the Community Development Director or designee, may require separate
discretionary approval, and shall conform to all City, State, and Federal requirements,
including subsequent City Code requirements or policies adopted by City Council. (PL, G-
1)
2. Developer means permit applicant, property owner, operator, permitee, lessee, and/or
tenants using the space(s) for the intended use(s). Developer shall comply with project
conditions for the life of the project. (CA, G -2)
3. Developer agrees, as a condition of permit approval, at Developer's own expense, to
defend, indemnify, and hold harmless the City of Gilroy ( "the City ") and its officers,
contractors, consultants, attorneys, employees and agents from any and all claim(s),
action(s) or proceeding(s) brought against the City or it's officers, contractors, consultants,
attorneys, employees, or agents to challenge, attack, set aside, void or annul the approval of
this resolution or any condition attached thereto or any proceedings, acts or determinations
taken, including actions taken under the California Environmental Quality Act of 1970, as
amended, done or made prior to the approval of such resolution that were part of the
approval process. (CA, G -3)
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4. Failure to appeal this decision in a timely manner, or commencement of any activity related
to the project, is understood to clarify Developer's acceptance of all conditions and
obligations imposed by this permit and waiving any challenge to the validity of the
conditions and obligations stated therein. (CA, G-4)
5. Should Developer intend to request an extension to the permit expiration date, Developer
must submit to the Planning Division a written application with applicable fees prior to the
expiration date. Only timely requests may be considered pursuant to the City Code. (PL, G-
5)
6. Prior to issuance of building permits, Developer shall correct all violations of the City
Code, if any, existing on the project property for which the City has open cases. (PL /CE, G-
6)
7. If Developer, owner or tenant fails to comply with any of the conditions of this permit, the
Developer, owner or tenant shall be subject to permit revocation or enforcement actions
pursuant to the City Code. All costs associated with any such actions shall be the
responsibility of Developer, owner or tenant. (CA, G -7)
8. Prior to occupancy, Developer shall complete all required offsite and onsite improvements
related to the project, including structures, paving, and landscaping, unless otherwise
allowed by the Community Development Director, or stated in these conditions. (BL, G -8)
9. Developer shall complete the "Notice of Land Use Restrictions and Conditions" form,
using the form provided by the City, for recording with the Santa Clara County Recorder.
Before the City issues building permits, Developer shall submit the original completed,
signed and notarized document to the Community Development Director or designee. (PL,
G -9)
10. Developer acknowledges that because of water limitations placed on the City by its water
providers, approval of this permit does not guarantee that the city will issue building
permits. Issuance of building permits may be delayed and subject to implementation and/or
compliance with mandated water conservation or allocation plans. (PL/PW, G -10)
11. Any covenants, conditions, and restrictions (CC &Rs) applicable to the project property
shall be consistent with the terms of this permit and the City Code. If there is a conflict
between the CC &Rs and the City Code or this permit, the City Code or this permit shall
prevail. (PL /CA, G -11)
12. Developer shall obtain building permits for the plans within one (1) year from the date of
this permit approval. If such buildings permits are not received within the time frame, this
permit shall automatically become null and void. (PL, G -12)
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13. Approval of this permit is subject to approval of GPA 15 -01 and Z 15 -07. Should any of
those application(s) be rescinded or not approved, this approval shall immediately become
null and void. (PL, G -14)
PLANNING DIVISION STANDARD CONDITIONS
14. Developer shall obtain necessary permits prior to initiating any new construction or
modifications authorized under this approval, including but not limited to temporary
construction trailers, temporary staging areas, model home sales offices, advertising signs
of any kind, exterior and interior modifications. Developer shall pay all requisite fees in
effect at the time of plan submittal and/or issuance, as applicable. (PLBL, PL -1)
15. Developer shall submit plans for building permit applications that include all exterior
building materials and colors, including product and finish manufacturer name, color name
and number, and surface finish type (e.g. stucco with sand finish, plaster with smooth
finish) to be used in construction. (PL, PL -2)
16. Developer shall submit plans for building permit applications that include, on all sets, a
reproduction of all conditions of approval of this permit, as adopted by the decision - maker.
(PL, PL -3)
17. Prior to issuance of building permits, Developer shall provide to the Planning Division
digital photos or copies of full -size colored elevations, color and material sample boards,
perspective illustrations, and any other colored exhibit approved by the decision - maker.
(PL, PL -4)
18. Developer may not modify any use approved by this permit unless the Community
Development Director or designee determines that Developer has provided the parking
required by the City Code for the modified use. Such determination may require an
adjustment or modification to this permit approval. (PL, PL -5)
19. Prior to issuance of grading permits, Developer shall submit a combined landscape and
lighting plan to verify all project onsite lighting shall be of a type and in a location that does
not constitute a hazard to vehicular traffic, either on private property or on public property,
including streets. Such lighting shall not conflict with drainage plans, landscape plans, tree
locations, parking spaces, or any other such land use concerns. (PL, PL -6)
20. Parking lot and exterior light fixtures shall be full cutoff type so that lighting is directed
downward only, minimizing glare and light pollution, and shall not cast light on any
adjacent property or roadway. Developer shall recess or conceal any under -canopy lighting
elements so they are not directly visible from any public area. Prior to issuance of building
permits, Developer shall submit a lighting plan with details of the proposed fixtures and
locations to the satisfaction of the Community Development Director or designee. (PL, PL-
7)
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21. Developer agrees, as a permit of condition approval, that no sign advertising the
development project or components thereof, including individual tenants or subdivisions,
shall be installed or maintained onsite or offsite except as allowed and in conformance with
an approved sign permit. (PL, PL -8)
22. Concurrent with or prior to an application for a grading permit, Developer shall apply for a
Santa Clara Valley Habitat Plan permit from the City of Gilroy. The grading permit will be
issued only after payment of assessed fees and approval of the Habitat Plan permit. (PL,
PL -9)
23. Prior to issuance of a grading permit, Developer shall present to the Community
Development Director or designee, a receipt issued by Santa Clara County for full payment
of the Santa Clara Valley Habitat Plan fees for associated with the proposed development.
Such receipt shall be dated within six (6) months of the grading permit issuance date, or the
fee amount may be reassessed and difference collected at the time of grading permit
issuance. (PL, PL -10)
24. To minimize potential construction- related impacts to noise, Developer shall include the
following language on any grading, site work, and construction plans issued for the subject
site (PL/BL, PL -11):
"During earth - moving, grading, and construction activities, Developer shall implement the
following measures at the construction site:
(A) Limit construction activity to weekdays between 7:00 am. and 7:00 p.m., and on
Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is prohibited on
Sundays and City - observed holidays;
(B) Locate stationary noise - generating equipment as far as possible from sensitive
receptors when sensitive receptors adjoin or are near a construction project area;
(C) Construct sound walls or other noise reduction measures prior to developing the
project site;
(D) Equip all internal combustion engine driven equipment with intake and exhaust
mufflers that are in good condition and appropriate for the equipment;
(E) Prohibit all unnecessary idling of internal combustion engines;
(F) Utilize "quiet" models of air compressors and other stationary noise sources where
technology exists; and
(G) Designate a "disturbance coordinator' who would be responsible for responding to
any complaints about construction noise. The disturbance coordinator will determine
the cause of the noise complaint (e.g. bad muffler, etc.) and will require that
reasonable measures be implemented to correct the problem."
25. To minimize potential construction - related impacts to air quality, Developer shall include
the following language on any grading, site work, and construction plans issued for the
project site (PL/BL, PL -12):
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"During earth - moving, grading, and construction activities, Developer shall implement the
following basic control measures at the construction site:
(A) All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day;
(B) All haul trucks transporting soil, sand, or other loose material onsite or offsite shall be
covered;
(C) All visible mud or dirt tracked out onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day. The use of dry power
sweeping is prohibited;
(D) All vehicle speeds on unpaved roads or pathways shall be limited to 15 miles per
hour;
(E) All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless seeding
or soil binders are used;
(F) Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations [CCR]). Clear signage shall be provided for construction workers at all
access points;
(G) All construction equipment shall be maintained and properly tuned in accordance with
manufacturer's specifications. All equipment shall be checked by a certified visible
emissions evaluator; and
(H) Post a publicly visible sign with the telephone number and person to contact at the
lead agency regarding dust complaints. This person shall respond and take corrective
action within 48 hours. The Air District's phone number shall also be visible to
ensure compliance with applicable regulations."
26. In the event of an accidental discovery of archaeological resources during grading or
construction activities, Developer shall include the following language on any grading, site
work, and construction plans issued for the project site (BL/PL,
PL -13):
"If archaeological or cultural resources are discovered during earth - moving, grading, or
construction activities, all work shall be halted within at least 50 meters (165 feet) of the
find and the area shall be staked off immediately. The monitoring professional
archaeologist, if one is onsite, shall be notified and evaluate the find. If a monitoring
professional archaeologist is not onsite, the City shall be notified immediately and a
qualified professional archaeologist shall be retained (at Developer's expense) to evaluate
the find and report to the City. If the find is determined to be significant, appropriate
mitigation measures shall be formulated by the professional archaeologist and implemented
by the responsible party."
27. In the event of an accidental discovery or recognition of any human remains, Developer
shall include the following language in all grading, site work, and construction plans
(BL/PL, PL -14):
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"If human remains are found during earth - moving, grading, or construction activities, there
shall be no further excavation or disturbance of the site or any nearby area reasonably
suspected to overlie adjacent human remains until the coroner of Santa Clara County is
contacted to determine that no investigation of the cause of death is required. If the coroner
determines the remains to be Native American the coroner shall contact the Native
American Heritage Commission within 24 hours. The Native American Heritage
Commission shall identify the person or persons it believes to be the most likely descendent
(MLD) from the deceased Native American. The MLD may then make recommendations to
the landowner or the person responsible for the excavation work, for means of treating or
disposing of, with appropriate dignity, the human remains and associated grave goods as
provided in Public Resources Code Section 5097.98. The landowner or his authorized
representative shall rebury the Native American human remains and associated grave goods
with appropriate dignity on the property in a location not subject to further disturbance if: a)
the Native American Heritage Commission is unable to identify a MLD or the MLD failed
to make a recommendation within 24 hours after being notified by the commission; b) the
descendent identified fails to make a recommendation; or c) the landowner or his
authorized representative rejects the recommendation of the descendent, and the mediation
by the Native American Heritage Commission fails to provide measures acceptable to the
landowner."
28. Developer shall install all roof and building rain gutters and downspouts, vents, and
flashing to integrate as closely as possible with building design elements, including
matching the color of the adjacent surface. (PL, PL -15)
29. Prior to issuance of building permits, Developer shall provide utility meters, mechanical
equipment, mailboxes and address directories, placed in decorative cabinets and clustered
for efficient access by residents and service persons. The final placement and design shall
be to the satisfaction of the Community Development Director or designee. (PL, PL -16)
30. Prior to issuance of building permits, Developer shall provide screening of all mechanical
equipment, post indicator valves, backflow prevention devices etc. All ground mounted
utility appurtenances such as transformers shall not be visible from any public right -of -way
and shall be adequately screened through the use or combination of concrete or masonry
walls, berms, and landscaping. In addition to the above, backflow preventers shall be
painted dark green, except the fire connection which shall be painted yellow. The final
placement and design of these items shall be to the satisfaction of the Community
Development Director or designee. (PL, PL -17)
31. Developer shall provide automatic garage door openers for all garages. All garage entries
closer than 23 feet to the front property line shall be equipped with a sectional roll -up
garage door. (PL, PL -18)
32. Prior to issuance of fine grading plans, Developer shall provide a minimum 9 -foot by 3 -foot
level concrete pad for storage of three refuse containers in the side yard area or other
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location approved by the Community Development Director or designee that is out of view
from the street. The storage location shall not be within the garage. Developer shall also
provide for a paved path from the storage location to the pick -up area (typically the street)
that does not require entering the garage. All gates or doors along the path shall be
constructed with a minimum clear space of 36- inches to allow passage of the containers.
(PL, PL -19)
33. Building additions and patio covers shall conform to the requirements of the R -1 zone
district setbacks, or as otherwise approved by this permit. The design of such addition or
patio cover shall match the materials and style of the residence. (PL, PL -20)
34. Prior to the close of escrow for each dwelling unit, Developer shall provide the buyer with a
written guarantee that the exterior finishes of the dwelling unit will remain in good
condition for at least five (5) years from the final building permit inspection and sign -off.
Developer shall provide a copy of the guarantee to the City prior to final Planning Division
inspection and sign -off. (PL, PL -21)
35. Prior to issuance of a Temporary Use Permit for the sales office and/or model home,
Developer shall provide details as to the posting and of pertinent information and maps that
may affect the subject project and adjacent properties. At minimum, the land plan for the
overall development that shows all surrounding land uses and how the project integrates
with theses surrounding uses shall be displayed and maintained in a prominent location.
Additional resources might include the current General Plan and corresponding Land Use
Map, and any specific plan associated with the project area. Developer shall include such
details to the satisfaction of the Community Development Director or designee.
(PL, PL -23)
36. Prior to issuance of a Temporary Use Permit for the sales office and/or model home,
Developer shall provide details of signage and written information to potential buyers that
demonstrate the principles of water efficient landscapes described in the State MWELO.
Developer shall provide such details to the satisfaction of the Community Development
Director or designee. (PL, PL -24)
37. Light standards illuminating interior walkways shall be not more than eight (8) feet in
height, and shall not intrude into the private living or patio areas. Light standards serving
recreational areas held in common shall be no more than 15 feet in height, and shall be
directed away from dwelling units. PL, PL -25)
38. Developer shall establish a Homeowners' Association (HOA) for the development. The
HOA shall be responsible for the maintenance and enforcement of parking, private streets,
landscaping, recreation and other interior areas held in common by the HOA. Such
responsibilities shall be provided within the CC &Rs for the development. (PL, PL -26)
PLANNING LANDSCAPING CONDITIONS
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39. Prior to issuance of building permits, Developer shall (as part of the irrigation system)
include sensors that suspend or alter irrigation operation during unfavorable weather
conditions (e.g. automatic rain shut -off devices). (PL, PL -28)
40. Prior to issuance of building permits or initiation of the proposed use, whichever comes
first, Developer shall submit a completed Landscape Documentation Package, including a
soil analysis /management report along with appropriate application review fees, to the
Community Development Department, including required documentation for compliance
verification, and obtain approval of such plans. (PL, PL -29)
41. As part of the Landscape Plan submittal, Developer shall not include any invasive plant
species, such as those listed by the California Invasive Plant Council. (PL, PL -30)
42. As part of the Landscape Plan submittal, Developer shall clarify a minimum three (3) inch
layer of mulch to be applied on all exposed soil surfaces, as required by the State MWELO.
(PL, PL -31)
43. Prior to issuance of building permits or initiation of the proposed use, whichever comes
first, Developer shall submit a signed Certificate of Completion, along with all necessary
supporting documentation and payment to the Community Development Department, for
compliance verification of the landscape installation. (PL, PL -32)
44. Prior to issuance of certificate of occupancy or building permit final sign -off, Developer
shall complete installation of all landscaping and irrigation in accordance with the approved
plans. (PL/ PL -33)
45. Developer is required under MWELO to provide a copy of the approved Certificate of
Completion to the property owner or his or her designee. Prior to completion of each build -
out phase of development, Developer shall provide the Community Development Director
or designee a summary of each lot in that phase and timing of compliance with this
requirement. (PL, PL -34)
46. For the life of the project, Developer shall maintain landscaping and irrigation in
accordance with the approved plans, except as otherwise permitted or required by law.
Significant changes to the number, placement, and selection of plant species may require a
modification to this approval, to be determined by the Community Development Director
or designee. (PL, PL -35)
PLANNING DIVISION SPECIAL CONDITIONS
47. Prior to issuance of building permits, Developer shall identify the final front yard, back
yard, and side yard setbacks, subject to review and approval of the Planning Division
Manager. (PL, PL -36)
PLANNING DIVISION ENVIRONMENTAL CONDITIONS
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48. Prior to improvement plan approval or building permit issuance, the following dust control
measures shall be incorporated into all development permits for the proposed project,
subject to the review and approval of the City of Gilroy Building Division:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day.
b. All haul trucks transporting soil, sand, or other loose material off -site shall be
covered.
c. All visible mud or dirt track -out onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day. The use of dry power
sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless seeding
or soil binders are used.
f. Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations [CCR]). Clear signage shall be provided for construction workers at all
access points.
g. All construction equipment shall be maintained and properly tuned in accordance
with manufacturer's specifications. All equipment shall be checked by a certified
visible emissions evaluator.
h. Post a publicly visible sign with the telephone number and person to contact at the
lead agency regarding dust complaints. This person shall respond and take corrective
action within 48 hours. The Air District's phone number shall also be visible to
ensure compliance with applicable regulations. (BL, MND AQ -1)
49. 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 (pursuant to Gilroy General Plan
Policy 5.07): "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." (PL, MND C -1)
50. In the event of an accidental discovery or recognition of any human remains in any location
other than a dedicated cemetery, the City shall ensure that the language is included in all
permits in accordance with CEQA Guidelines section 15064.5(e), subject to the review and
approval of the City of Gilroy Planning Division: "If human remains are found during
construction there shall be no further excavation or disturbance of the site or any nearby
area reasonably suspected to overlie adjacent human remains until the coroner of Santa
Clara County is contacted to determine that no investigation of the cause of death is
required. If the coroner determines the remains to be Native American the coroner shall
contact the Native American Heritage Commission within 24 hours. The Native American
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Heritage Commission shall identify the person or persons it believes to be the most likely
descendent MLD) from the deceased Native American. The MLD may then make
recommendations to the landowner or the person responsible for the excavation work, for
means of treating or disposing of, with appropriate dignity, the human remains and
associated grave goods as provided in Public Resources Code Section 5097.98. The
landowner or his authorized representative shall rebury the Native American human
remains and associated grave goods with appropriate dignity on the property in a location
not subject to further disturbance if. a) the Native American Heritage Commission is unable
to identify a MID 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." (PL, MND C -2)
51. The following mitigation measure shall be included in the design of the project:
Provide a suitable form of forced -air mechanical ventilation, as determined by the City
Building Department, for units located on Lots 1, 2, 16 -19, 30 -33, 46 -49, 69, and 70 so
that windows can be kept closed at the occupant's discretion to control interior noise. (BL,
MND N -1)
52. As part of normal City review and approval procedures for future projects the following
measures shall be incorporated to mitigate construction noise, as determined feasible by the
City Planning and Engineering divisions:
a. Limit construction activity to weekdays between 7:00 am and 7:00 pm and Saturdays
and between 9:00 am and 7:00 pm, with no construction on Sundays and City -
observed holidays;
b. Locate stationary noise - generating equipment as far as possible from sensitive
receptors when sensitive receptors adjoin or are near a construction project area; and
c. Construct sound walls or other noise reduction measures prior to developing the
project site.
The following standard construction noise controls shall be implemented at the project site:
d. Equip all internal combustion engine driven equipment with intake and exhaust
mufflers that are in good condition and appropriate for the equipment;
e. Prohibit all unnecessary idling of internal combustion engines;
f. Utilize "quiet" models of air compressors and other stationary noise sources where
technology exists; and
g. Designate a "disturbance coordinator" who would be responsible for responding to
any complaints about construction noise. The disturbance coordinator will determine
the cause of the noise complaint (e.g., bad muffler, etc.) and will require that
reasonable measures be implemented to correct the problem. (PL/E, MND N -2)
53. Install a traffic signal at the Wren Avenue/Welburn Avenue intersection, as planned in the
City's Traffic Circulation Master Plan (TCMP). This improvement includes signalizing the
intersection, restriping all of the intersection approaches, and adding left -turn pockets on
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the east and west approaches. Additionally, 260 feet of parking would need to be removed
on the east leg to accommodate the left -turn pocket. With implementation of these
improvements, the overall intersection level of service would be improved from LOS F
with all -way stop control to LOS C with signalization. These improvements (including the
loss of parking) are shown in the City's TCMP, and are included in the City's Traffic
Impact Fee Program. Thus, a Reimbursement Agreement would be developed between the
City and the developer to complete the improvements such that the developer would be
reimbursed for the cost of the traffic signal, less the project's fair -share contribution. (E,
MND T -1)
54. Project developers shall design and implement the following improvements at the Wayland
Lane and Welburn Avenue intersection, to the satisfaction of the City Engineer:
a. Within the current right -of -way and without removing any parking, the work will
include re- establishing the centerline stripe with a Caltrans MUTCD Detail 4 pattern;
b. Provide an eastbound and westbound travel lane of no more than 12 -foot width using
MUTCD Detail 27B white shoulder stripes on both sides of Welburn between Wren
Avenue and Carmel Streets;
c. Apply "sharrow" bike route markings about 50 feet beyond each street intersection
(at center of travel lane), and at no less than 150 foot spacing in each travel direction;
d. Complete re- application of the "All -Way Stop" markings and pavement legends at
the Welburn/Wayland intersection. The existing stop signs will be upsized to 36 -inch
stop signs, add "4 -way stop" advisory sign below stop sign, and include red reflective
pole sleeves at each approach, employing the latest Caltrans MUTCD- listed
reflective materials;
e. Re - application of the marked crosswalks at Welburn/Wayland intersection;
f. Re- application of the La Alondra Way, the Doris Court, and the Carmel Street stop
bars and legends (5 locations); and
g. Thermoplastic materials will be used for relevant markings, legends, and striping. (E,
MND T -2)
ORDINANCE NO. 2016-08
4851-6753-1055v3
JH104706089
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2016 -08 is an original ordinance, or true and correct copy of a City
ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 4h day of April, 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 6: day of April, 2016.
Sh6vVha Freels, MW
City Clerk of the City of Gilroy
(Seal)