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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 ORDINANCE NO. 2016-08 4851- 6753- 1055v3 JH104706089 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, ORDINANCE NO. 2016-08 4851 -6753- 1055v3 JH104706089 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 ORDINANCE NO. 2016-08 4851 - 6753- 1055v3 JH104706089 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) ORDINANCE NO. 2016-08 4851 -6753 -10554 JHW4706089 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) ORDINANCE NO. 2016-08 4851 -6753- 1055v3 JH104706089 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) ORDINANCE NO. 2016-08 4851 -6753 -10554 JH104708089 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): ORDINANCE NO. 2016-08 4851-6753-1055v3 JH104706089 "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): ORDINANCE NO. 2016-08 4851- 6753- 1055v3 JH104706089 "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 ORDINANCE NO. 2016-08 4851 -6753 -10550 JH104706089 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 ORDINANCE NO. 2016-08 48516753- 1055v3 JH104706089 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 ORDINANCE NO. 2016-08 4851 -6753 -10550 JH104706089 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 ORDINANCE NO. 2016-08 4851 -6753- 1055v3 JHW4706089 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 ORDINANCE NO. 2016-08 48516753- 1055v3 JHW4706089 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)