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Resolution 2016-21RESOLUTION NO. 2016 -21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING ARCHITECTURAL AND SITE REVIEW APPLICATION AS 13 -35, CREATING A 202 -UNIT CONDOMINIUM TOWNHOUSE DEVELOPMENT ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SANTA TERESA BLVD. AND FIRST STREET, APNs 808 -01 -21, 808 -01 -22 AND 808- 01 -23; FILED BY IMWALLE PROPERTIES WHEREAS, Imwalle Properties submitted Architectural and Site Review application AS 13 -35 (AS 13 -35) requesting approval of plans to construct a 202 -unit condominium townhouse project on the subject property; and WHEREAS, the subject property is located at the southeast comer of Santa Teresa Blvd. and First St. and consists of approximately 10 acres; and WHEREAS, in accordance with the California Environmental Quality Act, an Initial Study was prepared for the project and, based on that Study, the Planning Division provided public notice of the intent of the City to adopt a mitigated negative declaration (MIND #2015- 02) (MIND) for this project and determined that, with adoption of the proposed mitigation measures as amended, no significant adverse effects are expected to result from the proposed development; and WHEREAS, a MIND monitoring and reporting plan has been prepared, consistent with the MND; and WHEREAS, at a duly noticed public hearing on December 3, 2015, the Planning Commission considered AS 13 -35 in accordance with the Gilroy Zoning Ordinance, and other applicable standards and regulations along with public testimony received; and WHEREAS, the Planning Commission recommended approval of the MIND and AS 13 -35 subject to specified conditions; and RESOLUTION NO. 2016-21 4812. 5998,31510 JH104706089 WHEREAS, the City Council held a duly noticed public hearing on March 21, 2016, and considered the public testimony, the staff report, dated March 21, 2016, the MND, AS 13 -35 and all other documentation related to AS 13 -35; and WHEREAS, on March 21, 2016, the City Council adopted the MND, and continued AS 13 -35 to the April 4, 2016, City Council meeting; and WHEREAS, on April 4, 2016, the City Council further considered AS 13 -35 and all additional documentation related to AS 13 -35; and WHEREAS, the location and custodian of the documents or other materials that constitute the record of proceedings upon which AS 13 -35 approval is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT: The City Council has determined that AS 13 -35 complies with all required Planned Unit Development findings:. A. AS 13 -35 conforms to the Gilroy General Plan in terms of general location and standards of development, in that the project is located in an area that is designated for residential development. B. AS 13 -35 provides the type of development that will fill a specific need of the surrounding area, in that few townhouse projects have been developed in the City. This type of development will offer a desirable and less expensive option for ownership single - family housing. C. AS 13 -35 will not require urban services beyond those that are currently available, in that all such services are currently available at the subject property. D. With adoption of the conditions of approval, the project provides a harmonious, integrated plan that justifies the proposed setback and density exceptions. These conditions will ensure adequate turning radii will be provided throughout the project and that trash and recycling toter problems are minimized. E. AS 13 -35 reflects an economical and efficient pattern of land uses due to its infill location and density of development. F. AS 13 -35 includes a greater provision for landscaping and open space than would generally be required. Paseos are provided in front of those units that are not adjacent RESOLUTION NO. 2016-21 48125998 -31510 JH104706089 to public streets. Those paseos generally provide an open space area equivalent to or slightly larger than would be required if the units were adjacent to public streets. Additionally, a 13,000 square foot common recreational area is proposed. This adequately compensates for the single front yard setback deviation and reduced density proposed for the project. G. AS 13 -35 utilizes aesthetic design principles to create attractive buildings and open space areas that blend with the character of surrounding areas. H. AS 13 -35 will not create traffic congestion, noise, odor or other adverse effects on surrounding areas. These issues were addressed in the initial study prepared for the project and mitigation measures have been included to reduce all impacts to a less than significant level. I. AS 13 -35 provides adequate access, parking, landscaping, trash and storage areas. The project provides on and off -site circulation. Two car garages are provided for each unit. Guest parking exceeds City minimum standards. Landscaped paseos are located throughout the project and a common recreational area is provided. Areas for storage, including trash toters are provided in each unit. 2. The City Council approves AS 13 -35 to be effective if, and only if, Ordinance No. 2016- 09 (Z 13 -08) is adopted and in full force and effect; and 3. AS 13 -35 is hereby approved, subject to the conditions of approval set forth in Exhibit "A" attached hereto 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 4h day of April, 2016 by the following vote: AYES: COUNCILMEMBERS: BRACCO, HARNEY, LEROE- MUNOZ, TUCKER and WOODWARD NOES: COUNCILMEMBERS RECUSED: COUNCILMEMBERS 48125998 -31510 JH104706089 VELASCO A Perry VED: boo-,yard, Mayor RESOLUTION NO. 2016-21 Exhibit A City Council Resolution 2016 -21 AS 13 -35 Conditions of Approval The following abbreviations identify the City department or division responsible for determining compliance with these standard 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. Internal information shown in italics at the end of each condition provides internal reference for the condition: Some are standard permit conditions (e.g. G -1) while some are taken from environmental documents (e.g. MND -S2). RESPONSIBLE DEPARTMENTSMIVISIONS BL Building Division /Inspectors PK Parks/Landscape Design CA City Attorney PL Planning Division CE Code Enforcement PW Public Works /Engineering FD Fire Department TR Traffic Division PD Police Department WW Wastewater /Source Control GENERAL PROJECT CONDITIONS This permit is granted for the property described in the application on file with the Planning Division, and may not be transferred from one property to another, unless a request is requested and granted by the Planning Manager, pursuant to the City Code. (PL, G -1) 2. This permit is granted for approved plans ("the plans ") on file with the Planning Division. The project shall conform to the plans, except as otherwise specified in these conditions. Any subsequent modification or deviation to the approved plans shall be considered by the Planning Manager, may require separate discretionary approval and shall conform to City Code requirements or policies adopted by City Council. (PL, G -2) 3. Developer means permit applicant, property owner, and /or tenants using the space(s) for the intended use(s). Compliance with project conditions is expected for the life of the project. (CA, G -3) 4. 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-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 -7) eat')-W7.dnoA%i') 6. Failure to appeal this decision in a timely manner or commencement of any activity related to the project is understood to. clarify the Developer's acceptance of all conditions and obligations imposed by this permit and waiving any challenge to the validity of the conditions and obligations stated therein. (CA, G- 8) 7. Developer shall complete all required off -site and on -site improvements related to the project, including structures, paving, and landscaping, prior to occupancy unless otherwise allowed by the Community Development Director. (BL, G -9) 8. Developer agrees, as a condition of adoption of this resolution, at Developer's own expense, to defend, indemnify, and hold harmless the City of Gilroy and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against City or 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 -10) 9. 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. (CA, G -11) 10. Developer shall complete the "Notice of Land Use Restrictions and Conditions" form, using the form provided by the City, for recording with the Santa Clara County Recorder. Before the City issues building permits, Developer shall submit the original completed, signed and notarized document, together with the required fees to the Planning Manager. (PL, G -12) 11. 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 pursuant to the City Code. (CA, G -13) 12. Prior to issuance of building permits, Developer shall correct all violations of the City Code existing on the project property for which the City has open cases. (PUCE, G -14) 13. Approval of this Architectural and Site Review application is subject to approval of Zoning/Planned Unit Development application Z 13 -08 and Vesting Tentative Map TM 13-11. Should either of those applications not be approved or be rescinded, this approval shall become null and void. 14. Building and grading permits for the project shall not be issued prior to recordation of the final map. ea, ')-WW.enor%%O PLANNING DIVISION STANDARD CONDITIONS 15. 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. (PUPW, PL -1) 16. 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) 17. 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) 18. Prior to issuance of building permits, Developer shall provide to the Planning Division color photographic reductions (8%" x 11") of full -size colored elevations and any other colored exhibit approved by the decision - maker. Developer may retain the full -size colored exhibits after the reductions are provided. (PL, PL-4) 19. 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. (PL, PL-6) 20. All project on -site 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 -7) 21. Parking lot and exterior light fixtures shall be full cutoff type (with no structure or housing element below the flat lens) so that lighting is directed downward only. Developer shall recess or conceal 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 that substantiate compliance with this condition. PLANNING DIVISION SPECIAL CONDITIONS 22. Compliance with all conditions of approval of Vesting Tentative Map TM 13- 11 shall also be a condition of this approval. AA19.Af1R7_AnQFv9 Environmental Mitigation Measures 23. The following Best Management Practices (BMPs) (as set forth in Table 8 -1, BAAQMD Basic Construction Mitigation Measures, outlined in the BAAQMD CEQA Air Quality Guidelines), shall be included in the Project's construction - contract specifications. The control measures shall be included on all grading, site work, and construction plans and implemented during the duration of all proposed construction activities: 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 on or off -site 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 shall be limited to 15 mph. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five 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 mechanic and determined to be running in proper condition prior to operation. h. Post a publicly visible sign with the telephone number and person to contact at the City regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD's phone number shall also be visible to ensure compliance with applicable regulations. (MND AQ -1) 24. Prior to issuance of building permits, the Project shall implement the following design recommendations: a. Establish and plot onto all plans the vertical and horizontal locations of all trees identified for preservation, and forward the plans to the Consulting Arborist for review and comment. b. Any changes to the plans affecting the trees shall be reviewed by the Consulting Arborist with regard to tree impacts. These include, but are not limited to, demolition plans, improvement plans, utility and drainage plans, grading plans, and landscape and irrigation plans. c. A Tree Protection Zone (TPZ) shall be established around each tree to be preserved. TPZs for trees identified for preservation are identified in the following table. No trenching, excavation, construction or storage of materials shall occur within that zone. No underground services including utilities, sub- AA19J2f1P47 -AM9 9 drains, water or sewer shall be placed in the TPZ. Spoil from trench, footing, utility, or other excavation shall not be placed within the TPZ, either temporarily or permanently. Tree No. TPZ #21 and 25 -31 5'W. DL in all other directions #81 -84 5' N. DL in all other directions #22 and 23 10' W. DL in all other directions Note: DL = Dripline d. The Tree Preservation Guidelines, prepared by the Consulting Arborist, shall be included on all plans. e. Underground services including utilities, sub - drains, water or sewer shall be routed around the Tree Protection Zone. Where encroachment cannot be avoided, special construction techniques such as hand digging or tunneling under roots shall be employed to minimize root injury. f. Locate all temporary access roads to remain outside TPZs. g. Any herbicides placed under paving materials must be safe for use around trees and labeled for that use. h. Irrigation systems must be designed so that no trenching shall occur within the TPZs. (MND BIO -1) 25. The Project shall implement the following pre - construction treatments and recommendations:. a. The construction superintendent shall meet with the Consulting Arborist before beginning work to discuss work procedures and tree protection. b. Fence all trees to be retained to completely enclose the TPZ prior to demolition, grubbing or grading. Fences shall be 6' high chain link, mounted to steel posts firmly driven into the ground or on stanchions fastened securely with rebar staples 12" deep, as required by the City. Fences are to remain until all grading and construction is completed. c. Trees recommended for preservation may require clearance pruning for construction. All pruning shall be completed by a Certified Arborist or Tree Worker and adhere to the latest edition of the ANSI Z133 and A300 standards as well as the Best Management Practices —Tree Pruning, published by the International Society of Arboriculture. d. Structures and underground features to be removed within the TPZ shall use the smallest equipment, and operate from outside the TPZ. The arborist consultant shall be onsite during all operations within the TPZ to monitor demolition activity. e. A 4 -6n wood chip mulch shall be applied and maintained within the TPZ. (MND BIO -2) 26. The Project shall implement the following recommendations for tree protection during construction: a. Prior to beginning work, all contractors working in the vicinity of trees to be preserved are required to meet with the Consulting Arborist at the site to review all work procedures, access routes, storage areas and tree protection measures. b. No grading, construction, demolition or other work shall occur within the TPZs Any modifications must be approved and monitored by the Consulting Arborist. c. Any excavation within the dripline or other work that is expected to encounter tree roots shall be approved and monitored by the Consulting Arborist. Roots shall be cut by manually digging and trench and cutting exposed roots with a sharp saw. The Consulting Arborist shall identify where root pruning is required. d. If injury should occur to any tree during construction, it shall be evaluated as soon as possible by the Consulting Arborist so that appropriate treatments can be applied. e. Any roots damaged during grading or construction shall be exposed to sound tissue and cut cleanly with a saw. f. Fences shall be erected to protect trees to be preserved; these fences define a speck TPZ for each tree or group of trees. Fences shall remain until all site work has been completed. Fences shall not be relocated or removed without permission of the Consulting Arborist. g. Construction trailers, traffic and storage areas shall remain outside fenced areas at all times. h. Prior to grading, pad preparation, excavation for foundationstfootingstwalls, trenching, trees may require root pruning outside the TPZ by cutting all roots cleanly to the depth of the excavation. Roots shall be cut by manually digging a trench and cutting exposed roots with a saw, with a vibrating knife, rock saw, narrow trencher with sharp blades, or other approved root pruning equipment. The Consulting Arborist shall identify where root pruning is required. L No excess soil, chemicals, debris, equipment or other materials shall be dumped or stored within the TPZs. j. Any additional tree pruning needed for clearance during construction shall be performed by a Certified Arborist and not by PG &E or construction personnel. (MND BIO -3) 27. For the life of the development, the Project shall implement the following measure for tree maintenance: a. Tree health and structural stability shall be monitored, since preserved trees may experience a physical environment different from that of pre - development. Occasional pruning, fertilization, mulch, pest management, replanting and irrigation may be required. (MND BIO-4) ea1')"7-Anor,,n 28. Significant Trees - Replacement and Planting Measures. Prior to Grading Permit issuance, the Applicant shall contract with a certified arborist to determine the value of the significant trees to be removed. The value of the significant trees to be removed shall be used to enhance tree planting on the site, to the approval of the Community Development Director or designee. (MND BIO -5) 29. Prior to excavation, any soil that is excavated and /or hauled away for disposal shall be characterized by a qualified environmental professional for the possible presence of agricultural chemicals, according to state and federal regulations, in order to profile the soil for disposal. (MND HAZ -1) 30. Prior to issuance of a Demolition Permit for any structures within the Project area (or prior to issuance of a Grading Permit for vacant properties), the property and any onsite structure(s) shall be evaluated for occurrence of asbestos - containing materials, lead -based paints, and /or other hazardous materials. The City of Gilroy Hazardous Materials Program would perform oversight of cleanup and investigation of hazardous materials and hazardous waste contamination. (MND HAZ -2) 31. Prior to the issuance of the Grading Permit, the Applicant shall prepare a detailed Hydrology Study, approved by the City Engineer, demonstrating that all runoff would be treated and contained onsite. The Study shall demonstrate that all storm drain facilities are designed for the 25- year storm event protection. (MND HYD -1) 32. Prior to Grading Permit issuance, the Applicant shall demonstrate, to the satisfaction of the City of Gilroy Community Development Director or designee that the Project complies with the following: a. Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state required noise attenuation devices. b. Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, etc.), to the extent feasible. c. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. d. Construction activities shall not take place outside of the allowable hours specified by Gilroy City Code Section 16.38, Hours of Construction (between 7:00 AM and 7:00 PM on weekdays, and between 9:00 AM and 7:00 PM on Saturdays). Construction activities are not permitted on Sundays or City holidays. (MND N -1) 33. After the plot plans and architectural drawings have been developed, and prior to the issuance of Building Permits, the City of Gilroy Building Official shall confirm that the applicable project plans and specifications include sound -rated windows for Project residential areas immediately adjacent to First Street (SR -152) and AAi9_Q _WQr,%n Santa Teresa Boulevard (i.e., along the roadway or with a direct line of sight). All exterior windows for residences adjacent to First Street (SR -152) and Santa Teresa Boulevard shall be constructed with upgraded windows to provide an airborne sound insulation system achieving a minimum Sound Transmission Class (STC) of 33. The final site design shall also implement centralized heating/ ventilation /air - conditioning (HVAC) units on all these dwelling units to ensure noise levels would be below 45 dBA CNEL with windows and doors closed. The Applicant, as an alternative, may retain a qualified acoustical consultant whom shall submit a report for an alternative means of sound insulation satisfactory to the City of Gilroy which achieves a maximum interior noise level of 45 dBA CNEL. (MND N -2) Project Conditions 34. Applicant shall revise the Architectural and Site Review plans to address the following items. The revised plans and other items identified below shall be submitted to the satisfaction of the Community Development Director or designee prior to issuance of grading or building permits for the project, unless otherwise noted. Site Plan a. Front yard fencing shall be provided for all units facing First St. and Santa Teresa Blvd. b. The stairs of the units facing Santa Teresa Blvd. and First St. towards those streets, where possible. c. Details of the entry features including project identification signs shall be provided and approved by the Police Department and Planning Division. d. Design of mailbox enclosures e. Design of project lighting including building mounted fixtures, street and pedestrian lights f. Design of a masonry wall to be constructed along the eastern property line. g. Revision of the driveway behind unit 119 to allow for adequate room for vehicles to back out of that garage. h. Provision of speed bumps near the 90-degree turns in the private driveways throughout the project, to the satisfaction of the Planning Manager and City Engineer. i. Concrete curbing surrounding the landscape areas between garage doors. Architecture j. Detailed plans for the screening of the AC units for the at -grade entry units. k. Revised floor plans that substantiate that water heaters and furnaces will not encroach into areas needed for vehicle parking or garbage or recycling toters. I. Revised plans reconciling window placement in garages. m. Plans for garage - mounted mirrors at locations where two garages meet at 90 degree angles. Landscape Plans n. The landscape plan needs to specifically identify planting proposed throughout the project. Pursuant to the Multi - Family Residential Design Policy, at least 33% of shrubbery should be 5- gallon size and 33% of trees should be 24 -inch box. The value of the trees to be removed should be used to increase the percentage of plant material at the larger size. o. Provide alternate street tree on public streets p. Detailed sections of bike trail / sidewalk on Santa Teresa need to be incorporated into the plans. Concrete split rail fencing adjacent to bike trail to be 3 feet in height. q. Reconciliation of the discrepancies between the site plan and landscape plan in the recreation area. r. Detailed plans for recreation area need to be incorporated into the plans. Plans must comply with Multi - Family Residential Design Policy s. In locations where biotreatment basins are located adjacent to on- street parking spaces, a one -foot "step out" between the curb and basin shall be provided. t. Addition of landscaping at the south side of guest parking space 46. u. Modification of the landscaped comer of First St. and Santa Teresa Blvd. to include relocation of the existing utility box and revision of the landscape plan to provide focus on the public art to be installed at that location. 35. Prior to demolition of any existing building on the property, pursuant to Section 30.27.53 of the City Code, the applicant shall submit an application with information regarding the age and condition of all structures, and shall present the .request to the Historic Heritage Committee for review. The Committee shall be given no less than 30 days to investigate, document and photograph the buildings and attempt to arrange for the preservation of the buildings. 36. Pursuant to 30.50.60 (b)(2)(1) of the City Code, prior to issuance of any grading permit for the project, the applicant will enter into a performance agreement with the City ensuring timely development of the project. 37. The applicant shall provide public art at the intersection of First St. and Santa Teresa Blvd. or other mutually acceptable location. Conceptual plans for the art shall be submitted to the City for review prior to issuance of building permits for the project. The art must be approved by the City and installed prior to issuance of a building permit for the 100th unit in the project. POLICE DEPARTMENT SPECIAL CONDITIONS 38. No parking outside of designated parking spaces shall be allowed on the private streets, including in front of garage doors. A plan for such designation shall be submitted to and approved by the Police Department prior to issuance of building permits. eR,93UN.7�lWF„9 Exhibit A City Council Resolution 2016 -21 TM 13 -11 Conditions of Approval Note: The following abbreviations identify the City department or division responsible for determining compliance with these standard 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. Internal information shown in italics at the end of each condition provides internal reference for the condition: Some are standard permit conditions (e.g. G -1) while some are taken from environmental documents (e.g. MND -S2). RESPONSIBLE DEPARTMENTS/DMSIONS BL Building Division /Inspectors PK Parks/Landscape Design CA City Attorney PL Planning Division CE Code Enforcement PW Public Works/Engineering FD Fire Department TR Traffic Division PD Police Department WW Wastewater /Source Control GENERAL PROJECT CONDITIONS This permit is granted for the property described in the application on file with the Planning Division, and may not be transferred from one property to another, unless a request is requested and granted by the Planning Manager, pursuant to the City Code. (PL, G -1) 2. This permit is granted for approved plans ("the plans ") on file with the Planning Division. The project shall conform to the plans, except as otherwise specified in these conditions. Any subsequent modification or deviation to the approved plans shall be considered by the Planning Manager, may require separate discretionary approval and shall conform to City Code requirements or policies adopted by City Council. (PL, G -2) 3. Developer means permit applicant, property owner, and /or tenants using the space(s) for the intended use(s). Compliance with project conditions is expected for the life of the project. (CA, G -3) 4. An approved tentative map shall expire twenty -four (24) months from the approval date. (PL, G-6) 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 -7) AA1 F.rAA7 -A15Qo1 6. Failure to appeal this decision in a timely manner or commencement of any activity related to the project is understood to clarify the Developer's acceptance of all conditions and obligations imposed by this permit and waiving any challenge to the validity of the conditions and obligations stated therein. (CA, G- 8) 7. Developer shall complete all required off -site and on -site improvements related to the project, including structures, paving, and landscaping, prior to occupancy unless otherwise allowed by the Community Development Director. (BL, G -9) 8. Developer agrees, as a condition of adoption of this resolution, at Developer's own expense, to defend, indemnify, and hold harmless the City of Gilroy and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against City or 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 -10) 9. 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. (CA, G -11) 10. Developer shall complete the "Notice of Land Use Restrictions and Conditions" form, using the form provided by the City, for recording with the Santa Clara County Recorder. Before the City issues building permits, Developer shall submit the original completed, signed and notarized document, together with the required fees to the Planning Manager. (PL, G -12) 11. 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 pursuant to the City Code. (CA, G -13) 12. Prior to issuance of building permits, Developer shall correct all violations of the City Code existing on the project property for which the City has open cases. (PUCE, G -14) 13. Approval of this Vesting Tentative Map application is subject to approval of Zoning /Planned Unit Development application Z 13 -08 and Architectural and Site Review Permit AS 13 -35. Should either of those applications not be approved or be rescinded, this approval shall become null and void. AA1 A%_FAA7d1 FQv1 14. Building and grading permits for the project shall not be issued prior to recordation of the final map. PLANNING DIVISION STANDARD CONDITIONS 15. 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. (PUPW, PL -1) 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. 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. (PL, PL -6) 18. All project on -site 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 -7) PLANNING DIVISION SPECIAL CONDITIONS 20. Prior to approval of the final map, the subdivision shall be modified to address the following items to the approval of the Planning Division: a. Elimination of the 10 -foot PSE in the southeast portion of the site b. Retention and realignment of the emergency vehicle access from the adjacent property to the south to First St. St and Santa Terprga Rhed_. d. An easement to provide access from the subject property and the adjacent property to the south to the shopping center to the east, subject to Shopping Center approval. In the event Shopping Center does not agree to said easement, this condition shall not be enforced. e. Decorative pavement at project entrances and walkways and crosswalks, to the approval of the Public Works and Community Development Directors. f. Elimination of two speed tables and revision to the location of guest parking as shown on Site Plan Alternate, dated 9/11/15. g. Modification of the private street behind unit 119 to provide adequate room for backing out of that garage. h. Minor modification of the project layout near the intersection of Mr%_r A7 _&15Qv1 Santa Teresa Blvd. and First St., not resulting in loss of units, in order to maintain adequate front yard setbacks from the roundabout proposed for this intersection. 21. No on -site fill material may be retained by the existing pre -cast concrete property boundary walls. 22. Prior to approval of the final map, a phasing plan for construction of the project shall be submitted to and approved by the Community Development and Public Works Directors. The phasing plan shall include the timing of installation of common area improvements, including private streets, landscaping, recreational facilities and blocks of townhouse units. 23. Prior to approval of the final map, a copy of the CC &Rs and By -Laws for the homeowners association shall be submitted to and approved by the Planning Division. The Homeowners Association shall be responsible for enforcing all requirements of the CC &Rs and By -Laws, with special attention to the following. These documents shall include at a minimum the following provisions that may only be modified or deleted upon City approval: a. At all times, unit garages shall maintain a minimum 20' x 20' clear space be used for parking of vehicles only. Resident vehicles shall be parked in the unit garages and not in guest parking spaces or on public streets. b. For the life of the development, the Homeowner Association shall contract for the placement of garbage and recycling toters on the resident driveway aprons of each unit within two hours after rubbish pick -up and within two hours after recycling pick -up. C. For the life of the development, no parking shall be allowed on the private streets within the subdivision except as shown and conditioned on the approved plans. 24. Prior to issuance of a grading permit, the applicant shall obtain a Santa Clara Valley Habitat Plan permit from the City of Gilroy. The permit will require implementation of all applicable project conditions and payment of appropriate land cover fees. The applicant shall be responsible for the implementation of this mitigation measure, subject to monitoring by the City of Gilroy. 25. Due to the possibility that significant buried cultural resources might be found during construction, the applicant shall include the following language on any grading, site work, and construction plans issued for the project site, 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 eat ;L9M7 .Auw1 archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. 26. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the applicant shall include the following language is included in all grading, site work, and construction plans in accordance with CEQA Guidelines section 15064.5(e), subject to the review and approval of the City of Gilroy Planning Division: If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to 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. 27. Compliance with all conditions of approval of Zoning/Planned Unit Development 13 -08 and Architectural and Site Review Permit AS 13 -35 shall also be a condition of this approval. Environmental Mitigation Measures 28. The following Best Management Practices (BMPs) (as set forth in Table 8 -1, BAAQMD Basic Construction Mitigation Measures, outlined in the BAAQMD CEQA Air Quality Guidelines), shall be included in the Project's construction - contract specifications. The control measures shall be included on all grading, site work, and construction plans and implemented during the duration of all proposed construction activities: 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. f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five 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 mechanic and determined to be running in proper condition prior to operation. h. Post a publicly visible sign with the telephone number and person to contact at the City regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD's phone number shall also be visible to ensure compliance with applicable regulations. (MND AQ -1) 29. Prior to issuance of building permits, the Project shall implement the following design recommendations: a. Establish and plot onto all plans the vertical and horizontal locations of all trees identified for preservation, and forward the plans to the Consulting Arborist for review and comment. b. Any changes to the plans affecting the trees shall be reviewed by the Consulting Arborist with regard to tree impacts. These include, but are not limited to, demolition plans, improvement plans, utility and drainage plans, grading plans, and landscape and irrigation plans. C. A Tree Protection Zone (TPZ) shall be established around each tree to be preserved. TPZs for trees identified for preservation are identified in the following table. No trenching, excavation, construction or storage of materials shall occur within that zone. No underground services including utilities, sub - drains, water or sewer shall be placed in the TPZ. Spoil from trench, footing, utility, or other excavation shall not be placed within the TPZ, either temporarily or permanently. 29. Tree No. 30. TPZ 31421 and 25- 31 32.5'4. DL in all other directions 33. #81 -84 34.5' N. DL in all other directions 35422 and 23 36.10' W. DL in all other directions 37. Note: DL = Dri line ea, r,rM7.e, 9o,,, d. The Tree Preservation Guidelines, prepared by the Consulting Arborist, shall be included on all plans. e. Underground services including utilities, sub - drains, water or sewer shall be routed around the Tree Protection Zone. Where encroachment cannot be avoided, special construction techniques such as hand digging or tunneling under roots shall be employed to minimize root injury. f. Locate all temporary access roads to remain outside TPZs. g. Any herbicides placed under paving materials must be safe for use around trees and labeled for that use. h. Irrigation systems must be designed so that no trenching shall occur within the TPZs. (MND BIO -1) 30. The Project shall implement the following pre - construction treatments and recommendations: a. The construction superintendent shall meet with the Consulting Arborist before beginning work to discuss work procedures and tree protection. b. Fence all trees to be retained to completely enclose the TPZ prior to demolition, grubbing or grading. Fences shall be 6' high chain link, mounted to steel posts firmly driven into the ground or on stanchions fastened securely with rebar staples 12" deep, as required by the City. Fences are to remain until all grading and construction is completed. C. Trees recommended for preservation may require clearance pruning for construction. All pruning shall be completed by a Certified Arborist or Tree Worker and adhere to the latest edition of the ANSI Z133 and A300 standards as well as the Best Management Practices —Tree Pruning, published by the International Society of Arboriculture. d. Structures and underground features to be removed within the TPZ shall use the smallest equipment, and operate from outside the TPZ. The consultant shall be onsite during all operations within the TPZ to monitor demolition activity. e. A 4 -6" wood chip mulch shall be applied and maintained within the TPZ. (MND BIO -2) 31. The Project shall implement the following recommendations for tree protection during construction: a. Prior to beginning work, all contractors working in the vicinity of trees to be preserved are required to meet with the Consulting Arborist at the site to review all work procedures, access routes, storage areas and tree protection measures. b. No grading, construction, demolition or other work shall occur within the TPZs. Any modifications must be approved and monitored by the Consulting Arborist. AR1 rLr%M7 .A1 FQv1 C. Any excavation within the dripline or other work that is expected to encounter tree roots shall be approved and monitored by the Consulting Arborist. Roots shall be cut by manually digging and trench and cutting exposed roots with a sharp saw. The Consulting Arborist shall identify where root pruning is required. d. If injury should occur to any tree during construction, it shall be evaluated as soon as possible by the Consulting Arborist so that appropriate treatments can be applied. e. Any roots damaged during grading or construction shall be exposed to sound tissue and cut cleanly with a saw. f. Fences have been erected to protect trees to be preserved; these fences define a specific TPZ for each tree or group of trees. Fences shall remain until all site work has been completed. Fences shall not be relocated or removed without permission of the Consultant. g. Construction trailers, traffic and storage areas shall remain outside fenced areas at all times. h. Prior to grading, pad preparation, excavation for foundations/footings/walls, trenching, trees may require root pruning outside the TPZ by cutting all roots cleanly to the depth of the excavation. Roots shall be cut by manually digging a trench and cutting exposed roots with a saw, with a vibrating knife, rock saw, narrow trencher with sharp blades, or other approved root pruning equipment. The Consulting Arborist shall identify where root pruning is required. i. No excess soil, chemicals, debris, equipment or other materials shall be dumped or stored within the TPZs. j. Any additional tree pruning needed for clearance during construction shall be performed by a Certified Arborist and not by PG&E or construction personnel. (MND BIO -3) 32. For the life of the development, the Project shall implement the following measure for tree maintenance: a. Tree health and structural stability shall be monitored, since preserved trees may experience a physical environment different from that of pre - development. Occasional pruning, fertilization, mulch, pest management, replanting and irrigation may be required. (MND BIO-4) 33. Significant Trees - Replacement and Planting Measures. Prior to Grading Permit issuance, the Applicant shall contract with a certified arborist to determine the value of the significant trees to be removed. The value of the significant trees to be removed shall be used to enhance tree planting on the site, to the approval of the Community Development Director or designee. (MND BIO -5) 34. Prior to excavation, any soil that is excavated and /or hauled away for disposal shall be characterized by a qualified environmental professional for the possible presence of agricultural chemicals, according to state and federal AA1r FrM7d1FQv1 regulations, in order to profile the soil for disposal. (MND HAZA ) 35. Prior to issuance of a Demolition Permit for any structures within the Project area (or prior to issuance of a Grading Permit for vacant properties), the property and any onsite structure(s) shall be evaluated for occurrence of asbestos - containing materials, lead -based paints, and /or other hazardous materials. The City of Gilroy Hazardous Materials Program would perform oversight of cleanup and investigation of hazardous materials and hazardous waste contamination. (MND HAZ -2) 36. Prior to the issuance of the Grading Permit, the Applicant shall prepare a detailed Hydrology Study, approved by the City Engineer, demonstrating that all runoff would be treated and contained onsite. The Study shall demonstrate that all storm drain facilities are designed for the 25- year storm event protection. (MND HYD -1) 37. Prior to Grading Permit issuance, the Applicant shall demonstrate, to the satisfaction of the City of Gilroy Community Development Director or designee that the Project complies with the following: a. Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state required noise attenuation devices. b. Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, etc.), to the extent feasible. C. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. d. Construction activities shall not take place outside of the allowable hours specified by Gilroy City Code Section 16.38, Hours of Construction (between 7:00 AM and 7:00 PM on weekdays, and between 9:00 AM and 7:00 PM on Saturdays). Construction activities are not permitted on Sundays or City holidays. (MND N -1) 38. After the plot plans and architectural drawings have been developed, and prior to the issuance of Building Permits, the City of Gilroy Building Official shall confirm that the applicable project plans and specifications include sound -rated windows for Project residential areas immediately adjacent to First Street (SR- 152) and Santa Teresa Boulevard (i.e., along the roadway or with a direct line of sight). All exterior windows for residences adjacent to First Street (SR -152) and Santa Teresa Boulevard shall be constructed with upgraded windows to provide an airborne sound insulation system achieving a minimum Sound Transmission Class (STC) of 33. The final site design shall also implement centralized heating/ ventilation /air - conditioning (HVAC) units on all these dwelling units to ensure noise levels would be below 45 dBA CNEL with windows and doors closed. The Applicant, as an alternative, may retain a qualified acoustical AA1 r%_5RA7.d1 FQv1 consultant whom shall submit a report for an alternative means of sound insulation satisfactory to the City of Gilroy which achieves a maximum interior noise level of 45 dBA CNEL. (MND N -2) 39. Intersection 1 (Santa Teresa Boulevard / Fitzgerald Avenue) — The significant project impact to this intersection shall be mitigated with the addition of a separate northbound right -turn land on Santa Teresa Blvd. to eastbound Fitzgerald Ave. Adding a separate northbound right -tum lane would improve the intersection level of service conditions to better than background conditions (LOC C and E during the AM and PM peak hours, respectively.) This improvement has been identified in the City's Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project's fair -share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair -share contribution, in lieu of construction. Details as to fair -share amount, schedule for payment of fair -share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $2,062,181 in 2015 TIF dollars. The developer's fair -share cost is estimated at $103,109. 40. Intersection 3 (Santa Teresa Boulevard / Day Road East) — The cumulative project impact to this intersection shall be mitigated with the addition of a second northbound through lane on Santa Teresa Blvd. Adding a second northbound through lane would improve the intersection level of service conditions to better than cumulative (no project) conditions (LOS D during the AM peak hour.) This improvement has been identified in the City's Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project's fair -share contribution. This condition was also assigned to another developer (Silveira — Tract 10230). This condition has been fully met by the Tract 10230 developer and is no longer in need of subsequent mitigations by the Imwalle Townhomes project. 41. Intersection 4 (Santa Teresa Boulevard / Sunrise Drive) — The significant project impact to this intersection shall be mitigated with the addition of a second northbound through lane on Santa Teresa Blvd. Adding a second northbound through lane would improve the intersection level of service AA15.SAA7 .A1 SQu1 conditions to better than background conditions (LOSB during the AM peak hour.) This improvement has been identified in the City's Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project's fair -share contribution. Timing for completion of this improvement is revised as follows: Construction shall commence prior to issuance of the 100th building permit and construction shall be complete prior to issuance of the 150th building permit, and to the satisfaction of the City Traffic Engineer. 42. Intersection 10 (Kelton Drive- Project Access / First Street) — This intersection is within Caltrans jurisdiction, the Project Applicant shall: 1) Coordinate with and obtain concurrence from Caltrans for the improvements outlined below; and 2) Fully design and install the following improvements prior to occupancy of first unit: Install "pork chop island" at northbound (Project driveway) approach to restrict Project driveway access to only right -tums in and right -tums out. Northbound and southbound approaches would continue to be unsignalized stop -sign controlled. Full left -turn access would continue to be allowed from First Street onto Kelton Drive and from Kelton Drive onto First Street. (RBF mitigation MND TRA -6) 43. Intersection 13 (Wren Avenue / Welburn Avenue) — The significant project impact to this intersection shall be mitigated by installing a traffic signal, as planned in the City's TCMP. This improvement includes signalizing the intersection, restriping all of the intersection approaches, and adding left -tum pockets on 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 LOS C during both peak hours. These improvements have been identified in the City's Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project's fair -share contribution. The intersection of Wren Avenue and Welbum Avenue is also projected to be impacted by another proposed project, Las Animas Residential development, located along the east side of Wren Avenue just north of Welburn Avenue. The ea,r,9M7_A,A%4,n Las Animas project is currently awaiting city approval. Pending approval of the proposed project and the Las Animas Residential development, responsibility for implementation of the above mitigation measures may be shared between the two proposed projects. City suggests that both developers coordinate this mitigation for project delivery. Timing for completion of this improvement is revised as follows: Construction shall commence prior to issuance of the 100th building permit and construction shall be complete prior to issuance of the 150th building permit, and to the satisfaction of the City Traffic Engineer. 44. Intersection 17 (Monterey Street / Fitzgerald Avenue - Masten Avenue) — The significant project impact to this intersection shall be mitigated by providing protected left -turns on the east and west approaches of the intersection. Additionally, by changing the east -west signal phase from split to protected, Fitzgerald Ave. would need to be widened to provide an exclusive eastbound left -turn lane. Implementation of the proposed improvements would improve the intersection level of service conditions to better than background conditions (LOS C and D during the AM and PM peak hours, respectively.) This improvement has been identified in the City's Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project's fair -share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair -share contribution, in lieu of construction. Details as to fair -share amount, schedule for payment of fair -share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $1,776,143 in 2015 TIF dollars. The developer's fair -share cost is estimated at $88,807. 45. Intersection 22 (US -101 SB Ramps / Masten Avenue) — The significant project impact to this intersection shall be mitigated by installing a traffic signal. The intersection level of service would be LOS B during both peak hours with signalization. This improvement has been identified in the City's Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project's fair -share contribution. AA1 F_FAA7d15Qv1 Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair -share contribution, in lieu of construction. Details as to fair -share amount, schedule for payment of fair -share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 2.5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $765,618 in 2015 TIF dollars. The developer's fair -share cost is estimated at $19,140. 46. Intersection 23 (US 101 Northbound Ramps / Masten Ave.) — The significant project impact to this intersection shall be mitigated by installing a traffic signal. The intersection level of service would be LOS C and B during the AM and PM peak hours, respectively, with signalization. This improvement has been identified in the City's Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project's fair -share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair -share contribution, in lieu of construction. Details as to fair -share amount, schedule for payment of fair -share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 2.5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $788,118 in 2015 TIF dollars. The developer's fair -share cost is estimated at $19,703. PUBLIC WORKS /ENGINEERING DIVISION STANDARD CONDITIONS 47. GENERAL a. Developer shall perform all work in compliance with the City of Gilroy Specifications, Standards Design Criteria, and Development Agreement and is subject to all laws of the City of Gilroy by reference. Street improvements and the design of all off -site storm drainage facilities, sewer and water lines, and all street sections shall be 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. The applicant 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 County Roads & Airports eR11;-9aa7-A1A%Qu1 Department, Caltrans and Regional Water Quality Control Board. d. All existing utility poles shall be removed, and all utilities placed underground. No new poles are allowed. 48. FEES a. The project is subject to the City's Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. Payment of Street Tree and Storm Development Impact Fees is required at first building permit issuance. Sewer, Water, Traffic, and Public Facilities Development Impact Fees are due prior to building occupancy. Note that there will be a fee increase beginning 7/1/2016. b. At improvement plan submittal, Developer shall submit an estimate of the probable cost of improvements and shall pay 40% of the plan check and inspection fees. C. Prior to final map /improvement plan approval, Developer shall pay the remaining 60% of the plan check and inspection fees and other related fees that the property is subject to, enter into a property improvement agreement, and provide payment and performance bonds. d. The fees shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with city policy. e. The sum of all fair -share contributions in lieu of construction of the improvements is estimated at $230,759. Details as to fair -share amount, schedule for payment of fair -shale contribution, or construction, shall be established in a subsequent agreement, to be worked out between City f. The project's estimated Traffic Impact Fee for 202 units is $8,o t t per unit (high density residential) for a total of $1,732,554.00 based on the currently effective fee schedule dated July 1, 2015. Based on the fee schedule that will be effective on July 1, 2016, the estimated Traffic Impact Fee is $8,834 per unit (high density residential) for a total of $1,784,468.00. The Traffic Impact Fee will be due prior to building occupancy. Note that there will be another 3% traffic impact fee increase beginning July 1, 2017. The Traffic Impact fee and other development impact fees due for this project shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with city policy 49. TRANSPORTATION a. Developer shall submit photometric plans prior to first building permit issuance. b. Developer shall install all joint trench to have (4) dedicated 1112" SCH 80 PVC conduit for City Fiber Optic need in a quad duct arrangement along Santa Teresa and First Street frontage. Quad duct shall be per City STD EL- 11. C. Developer shall install all street light conduits as 2" SCH40 PVC per City Standard EL -1 and related pull boxes shall follow City Standard M r%-W7-A, So,,, EL -14. d. Final streetlight locations shall be to the satisfaction of the City Transportation Engineer and shall follow City standards. e. Developer shall design driveway grades to keep the automobile from dragging or bottoming out" on the street or driveway and to keep water collected in the street from the flowing onto the lots. The details of such design shall be provided at improvement plan phase and shall be to the satisfaction of the City Transportation Engineer. f. 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. g. Prior to the issuance of 100th building permit, provide for VTA- approved bus stop along the First Street frontage of the project to support the extension of the Line 19 bus route. Contact Rod Ballesteros, Operations Manager at VTA (408) 321 -2300 for design requirements. h. At improvement plan phase, Developer shall provide street lighting per current Public Works standard LED type 15 arrangement. L Prior to the issuance of the first building permit, Developer shall provide an on- site /off- -site striping plan for review and approval by the Engineering Division. 50. 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. ARIA— CM.d1F ul b. All grading operations and soil compaction activities shall be per the approved project's 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 cuttfill construction were performed in conformance with the requirements of the project's 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 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. 51. WATER CONSERVATION: 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. a. All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. b. 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. C. 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. 52. WATER: The Developer shall perform field verification testing of the water system and will modify any part of the systems that does not perform to the standards established by the City. 53. UTILITIES a. Sanitary sewer laterals and /or water meters located in driveways shall have traffic rated boxes and lids. b. All mainline storm drain piping shall have a minimum diameter of 18 inches and the lateral connections shall have a minimum diameter of 15 inches. C. The Developer /Contractor shall make accessible any or all City utilities as directed by the Public Works Director. d. Storm and sewer lines in private areas shall be privately maintained unless approved by the Public Works Director. e. Improvement plans are required for all on -site and off -site improvements. The following items will need to be completed prior to first building permit submittal: i. The Developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. Show preferred and alternative locations for all utility vaults and boxes if project has not obtained PG &E approval. A licensed Civil or Electrical Engineer shall sign the composite drawings and /or utility improvement plans. (All dry utilities shall be placed underground). ii. The Developer shall negotiate right -of -way with Pacific Gas and Electric and other utilities subject to the review and approval by the Engineering Division and the utility companies. iii. "Will Serve Letter" from each utility company for the subdivision shall be supplied to the City. f. Joint trench composite plans shall be approved prior to final map /improvement plan approval or as otherwise determined by the Public Works Director /City Engineer. g. A note shall be placed on the joint trench composite plans which states that the plan agrees with City Codes and Standards and that no underground utility conflict exists. h. Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City: i. A professional engineer - signed and PG &E- approved original electrical plan. ii. A letter from the design Electrical or Civil Engineer that states the electrical plan conforms to City codes and Standards, and to the approved subdivision improvement plans. 54. NOTICING: At least one week prior to commencement of work, the Developer shall post at the site and mail to owners of property within (300') three hundred feet of the exterior boundary of the project site, to the homeowner associations of nearby residential projects and to the Engineering Division, a notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names aa1C_r,na7 _A1ro,,1 of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. 55. START OF CONTRUCTION: The City shall be noted 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. 56. 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. 57. 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. 58. 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. 59. 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 - aftemoon 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. 60. CONSTRUCTION STREET PARKING: No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) ARIA CM7 -A,5ov1 pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Public Works Director (§ 15.40.070). 61. STREET MAINTENANCE: It is the responsibility of the contractor to make sure that all dirt tracked into the public right -of -way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris shall not be washed into the City's storm drains. 62. RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk- through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 63. MONUMENTS 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, their 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. 64. GRADE CERTIFICATION: Certification of grades and compaction is required prior to Building Permit final. This statement must be added as a general note to the Grading and Drainage Plan. 65. ACCEPTANCE OF IMPROVEMENTS: Until such time as all improvements required are fully completed and accepted by City, Developer will be W r%-;W -A15QV 1 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. PUBLIC WORKSIENGINEERING DIVISION SPECIAL CONDITIONS 66. UTILITY PLAN: Prior to issuance of construction permits, applicant shall revise the Utility Plan to comply with the following: a. Provide missing invert elevations for the sanitary sewer system. b. Revise invert information on private streets to show the correct direction of flow. 67. STORMWATER: This project is subject to post- construction stormwater quality requirements per Chapter 27D of the Gilroy Municipal Code. a. At grading permit phase, submit an updated Stormwater Management Plan for review and approval that includes the following: i. Areas to be converted to pervious surface: The type of pervious surface(s) and proposed areas for conversion shall be to the satisfaction of the Community Development Director and Public Works Director or their designees. ii. Updated Stormwater Treatment Summary Table that meets the required percentage of equivalent impervious surface area. iii. Updated stormwater calculations iv. Overland release arrows b. At grading permit phase, applicant shall submit the final signed Performance Requirement Certifications specified in the Stormwater Guidance Manual. C. Stormwater BMP Operation and Maintenance Agreement Prior to the issuance of the first building permit, the Developer 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. 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 proposed modification or maintenance AA1 r%-W7d1 FQv1 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. d. Stormwater BMP Inspections will be required for this project and shall adhere to the following: i. The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a knowledgeable third party. ii. Unless otherwise required by the 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: iii. Site address; iv. Date and time of inspection; V. Name of the person conducting the inspection; vi. List of stormwater facilities inspected; vii. Condition of each stormwater facility inspected; viii. Description of any needed maintenance or repairs; and ix. As applicable, the need for site re- inspection. e. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1St for the fall report, and no later than March 15th of the following year for the winter report. FIRE DEPARTMENT STANDARD CONDITIONS 68. TM Conditions shall be 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 eu,5L9a7_A1A%Qu1 building permits will be issued without a Fire —Off -Site Improvement Inspection and Fire Flow Test administered by the Fire Marshal. 69. Secondary access shall be provided when 30 or more units served. Secondary Access does not need to serve as public access, however the roadway shall meet the City standards as a street. Any alternative designs are subject to review and approval by the Fire Chief. 70. Gated Access Roadways shall be provided with electronic and provided with a click to open electronic opening system compatible with the Fire Department equipment as well as KNOX key over ride for both Fire and Police access. 71. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure. Street Hydrants shall be spaced every 300 ft., and within 150 ft. of any building. Off -site improvement plan shall provide Fire Hydrants per the City Standard for type, location, red curb and blue reflective marker placement. Hydrants shall be installed prior to commencement of construction with combustible materials. Note: if hydrant placement causes a parking space to be obstructed the parking space shall be replaced at another location in the development. 72. 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 off -site improvement plan shall provide 1.5 inch water laterals and 1" meters sized to allow for a residential NFPA 13d fire sprinkler system. A fire flow test shall be obtained from the Fire Marshal for the purpose of Fire Sprinkler design. 73. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance of not less than 13.5 ft. shall be provided. Turning radius shall not be less than 32' inside and 39'. Dead end streets greater than 150' in shall be provided with a cul-de -sac of 78'diameter unless they qualify for an exemption. 74. Road widths shall be as follows: a. Less than 28 ft., no parking on either side b. Less than 36 ft.,. no parking on one side. C. At or over 36 ft., parking not restricted. d. 78' diameter cul de sac- no parking e. 98' diameter cul de sac- parking not restricted 75. Where parking is restricted, curbs shall be painted red at installation with the stencil FIRE LANE every 25 feet, or every 75 feet No Parking - Fire Lane signs shall be installed per MUTCD standard at street completion. Repainting may be necessary at final project completion and prior to tract acceptance. AR1 C�5AA7.d15Qu1 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. A parking enforcement plan will be required. 76. Street naming shall be done prior to off -site improvement plan and building plan submittal. Street A shall be named as two streets as the City Street naming policy does not provide for a street name to continue in a perpendicular route. Addresses shall be assigned by the City Engineering Section prior to improvement plan and building permit submittal. Street signage shall be installed prior to any on -site improvements (foundations or buildings) has begun. 77. 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 it shall be performed by the property owner. FIRE DEPARTMENT SPECIAL CONDITIONS 78. Turning radii for Fire Apparatus on private streets in the project shall be to the approval of the Fire Marshal prior to approval of the final map. 79. The EVA shall meet City Standard Roadway criteria for compaction, drainage and weight bearing for a Fire apparatus. If a design is not accepted the EVA shall be constructed as a roadway. 80. Prior to scheduling the proposed development for City Council consideration, the applicant shall re- design the site plan to properly accommodate the turning movement of all emergency response vehicles to the satisfaction of the Fire Chief and Community Development Director. The necessary re- design shall not result in any loss of existing landscaping or parking, as conditioned, nor shall the re- design result in any significant alterations to the on -site stormwater retention requirements. Mr 5gWd1FQvl Exhbit R Zoning Amendment Z 13 - 08, Vesting Tentative Map TM 13 -11 and Architectural and Site Review AS 13 -35 MITIGATION MONITORING AND REPORTING PROGRAM Mltigatlon Measure Monitoring Monitoring Implementing Verification of Compliance Initials Date` Remarks . PhaselTiming ' Procedure PartylAgency Air Quality AQ -1 The following Best Management Practices (BMPs) (as Prior to Issuance Review of Project Building & Safety set forth in Table 8 -1, SAAQMD Basic Construction of Demolition Plans; Construction Division Mitigation Measures, outlined in the BAAQMD CEQA Permit or Grading Inspections Air Quality Guidelines), shall be included in the Permit Project's construction- contract specifications. The control measures shall be implemented during the duration of all proposed construction activities: • All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. • All haul trucks transporting soil, sand, or other loose material off -site shall be covered. • 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. • All vehicle speeds on unpaved roads shall be limited to 15 mph. • All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. • Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure A 0 1 r rQQ7 AIRO„9 Monitoring Monitoring Implementing Verification of Compliance Mitigation Measure Phaserriming Procedure Party /Agency Initials Date Remarks • Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points, • All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. • Post a publicly visible sign with the telephone number and person to contact at the Town regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD's phone number shall also be visible to ensure compliance with applicable regulations. Biological Resources 810 -1 The Project shall implement the following design Prior to Issuance of Review of Project Planning recommendation: Demolition Plans; Construction Division Permit or Grading Inspections a. Establish and plot onto all plans the vertical and Permit horizontal locations of all trees identified for preservation, and forward the plans to the Consulting Arborist for review and comment. b. Any changes to the plans affecting the trees shall be reviewed by the Consulting Arborist with regard to tree impacts. These include, but are not limited to, demolition plans, improvement plans, utility and drainage plans, grading plans, and landscape and irrigation plans. c. A Tree Protection Zone (TPZ) shall be established around each tree to be preserved, TPZs for trees identified for preservation are identified in the following table. No trenching, excavation, construction or storage of materials shall occur within that zone. No underground services including utilities, sub - drains, water or A 0 1 r rQQ7 AIRO„9 Monitoring Monitoring Implementing Verification of Compliance Mitigation Measure Phaselriming Procedure Party /Agency Initials I Date I Remarks sewer shall be placed in the TPZ. Spoil from trench, footing, utility, or other excavation shall not be placed within the TPZ, either temporarily or permanently. Tree No. TPZ #21 and 25 -31 5'W. DL in all other directions #81 -84 5' N. DL in all other directions #22 and 23 10' W. DL in all other directions Note: DL = Dripline d. The Tree Preservation Guidelines, prepared by the Consulting Arborist, shall be included on all plans. e. Underground services including utilities, sub - drains, water or sewer shall be routed around the Tree Protection Zone. Where encroachment cannot be avoided, special construction techniques such as hand digging or tunneling under roots shall be employed to minimize root injury. I. Locate all temporary access roads to remain outside TPZs. g. Any herbicides placed under paving materials must be safe for use around trees and labeled for that use. h. Irrigation systems must be designed so that no trenching shall occur within the TPZs. BIO -2 The Project shall implement the following preconstruction Prior to Issuance treatments and recommendations: of Demolition Permit or Grading a. The construction superintendent shall meet with Permit the Consulting Arborist before beginning work to discuss work procedures and tree protection. b. Fence all trees to be retained to completely enclose the TPZ prior to demolition, grubbing or A01F FAA7 A4rO,,l Review of Project Planning Plans; Construction Division Inspections APIA rAQ7 AlGOv1 Monitoring Monitoring Implementing Verification of Compliance Mitigation Measure Phase/Timing Procedure Party /Agency Initials Date Remarks grading. Fences shall be 6' high chain link, mounted to steel posts firmly driven into the ground or on stanchions fastened securely with rebar staples 12" deep, as required by the City. Fences are to remain until all grading and construction is completed. c. Trees recommended for preservation may require clearance pruning for construction. All pruning shall be completed by a Certified Arborist or Tree Worker and adhere to the latest edition of the ANSI Z133 and A300 standards as well as the Best Management Practices —Tree Pruning, published by the International Society of Arboriculture. d. Structures and underground features to be removed within the TPZ shall use the smallest equipment, and operate from outside the TPZ. The consultant shall be onsite during all operations within the TPZ to monitor demolition activity. e. A 4 -6" wood chip mulch shall be applied and maintained within the TPZ. BIO -3 The Project shall implement the following Prior to Issuance Review of Project Planning recommendations for tree protection during of Demolition Plans; Construction Division construction: Permit or Grading Inspections Permit Building & Safety a. Prior to beginning work, all contractors working in Division the vicinity of trees to be preserved are required to meet with the Consulting Arborist at the site to review all work procedures, access routes, storage areas and tree protection measures. b. No grading, construction, demolition or other work shall occur within the TPZs. Any modifications must be approved and monitored by the Consulting Arborist. c. Any excavation within the dripline or other work that is expected to encounter tree roots shall be approved and monitored by the Consulting APIA rAQ7 AlGOv1 Mitigation Measure Monitoring PhaselTiming Monitoring Procedure Implementing Party /Agency Verification of Compliance Initials Date Remarks Arborist. Roots shall be cut by manually digging and trench and cutting exposed roots with a sharp saw. The Consulting Arborist shall identify where root pruning is required. d. If injury should occur to any tree during construction, it shall be evaluated as soon as possible by the Consulting Arborist so that appropriate treatments can be applied. e. Any roots damaged during grading or construction shall be exposed to sound tissue and cut cleanly with a saw. f. Fences have been erected to protect trees to be preserved; these fences define a specific TPZ for each tree or group of trees. Fences shall remain until all site work has been completed. Fences shall not be relocated or removed without permission of the Consultant. g. Construction trailers, traffic and storage areas shall remain outside fenced areas at all times. h. Prior to grading, pad preparation, excavation for foundations /footings /walls, trenching, trees may require root pruning outside the TPZ by cutting all roots cleanly to the depth of the excavation. Roots shall be cut by manually digging a trench and cutting exposed roots with a saw, with a vibrating knife, rock saw, narrow trencher with sharp blades, or other approved root pruning equipment. The Consulting Arborist shall identify where root pruning is required. i. No excess soil, chemicals, debris, equipment or other materials shall be dumped or stored within the TPZs. j. Any additional tree pruning needed for clearance during construction shall be performed by a Certified Arborist and not by PG &E or construction AQ1F rQQ7 AIMA ARIK FRR7 A19.0,,1 Monitoring Monitoring Implementing Verification of Compliance Mitigation Measure Phase/Timing Procedure Party /Agency Initials Date Remarks personnel. BIO -4 The Project shall implement the following measure for Prior to Issuance Inclusion in Planning tree maintenance: of Demolition Conditions of Division Permit or Grading Approval a. a. Tree health and structural stability shall be Permit monitored, since preserved trees may experience a physical environment different from that of predevelopment. Occasional pruning, fertilization, mulch, pest management, replanting and irrigation may be required. BIO -5 Significant Trees - Replacement and Planting Prior to Issuance Inclusion in Planning Measures. Prior to Grading Permit issuance, the of Demolition Conditions of Division Applicant shall contract with a certified arborist to Permit or Grading Approval determine the value of the significant trees to be Permit Building & Safety removed. The value of the significant trees to be Division removed shall be used to enhance tree planting on the site, to the approval of the Planning Manager. Hazards and Hazardous Materials HAZ -1 Prior to excavation, any soil, including soil that is Prior to Issuance Oversight of Building & Safety excavated and /or hauled away for disposal shall be of Demolition Investigation and Division characterized by a qualified environmental professional Permit or Grading Cleanup for the possible presence of agricultural chemicals, Permit Hazardous according to state and federal regulations, in order to Materials profile the soil for use and disposal. Program HAZ -2 Prior to issuance of a Demolition Permit for any Prior to Issuance Oversight of Building & Safety structures within the Project area (or prior to issuance of Demolition Investigation and Division of a Grading Permit for vacant properties), the property Permit or Grading Cleanup and any onsite structure(s) shall be evaluated for Permit Hazardous occurrence of asbestos- containing materials, lead- Materials based paints, and /or other hazardous materials. The Program City of Gilroy Hazardous Materials Program would perform oversight of cleanup and investigation of hazardous materials and hazardous waste contamination. Cleanup activities shall include necessary techniques as determined by the City to verify conformance with regulatory cleanup levels for residential use. ARIK FRR7 A19.0,,1 ARIA KRA7 AIROM _Monio-in it Veri fication ldit bn of Compliance Mitigation easgre, as Procedure a 9 bit rk Hydrology and Water Quality HYD-1 Prior to the issuance of the Grading Permit, the Prior to Issuance Review and Engineering Applicant shall prepare a detailed Hydrology Study, of Demolition Approval of Division approved by the City Engineer, demonstrating that all Permit or Grading Hydrology Study runoff would be treated.and contained onsite. The Study Permit Building & Safety shall demonstrate that all storm drain facilities are Division designed for the 25- year storm event protection. Noise N-1 Prior to Grading Permit issuance, the Project Applicant Prior to Issuance Review of Project Planning shall demonstrate, to the satisfaction of the City of of Demolition Plans; Construction Division Gilroy Planning Manager that the Project complies with Permit or Grading Inspections the following: Permit Engineering Division • Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with Building & Safety properly operating and maintained mufflers and Division other state required noise aftenuation devices. • Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, etc.), to the extent feasible. • During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. • Construction activities shall not take place outside of the allowable hours specified by Gilroy City Code Section 16.38, Hours of Construction (between 7:00 AM and 7:00 PM on weekdays, and between 9:00 AM and 7:00 PM on Saturdays). Construction activities are not permitted on Sundays or City holidays. N-2 After the plot plans and architectural drawings have Prior to Issuance Review of Project Planning been developed, and prior to the issuance of Building of Demolition Plans Division Permits, the City of Gilroy Building Official shall confirm Permit or Grading that the applicable project plans and specifications Permit Building & Safety include sound-rated windows for Project residential Division areas immediately adjacent to First Street (SR-152) and ARIA KRA7 AIROM A 9 1S AQQ7 A160v1 Monitoring Monitoring Implementing Verification of Compliance Mitigation Measure Phase/Timing Procedure Party /Agency Initials Date Remarks Santa Teresa Boulevard (i.e., along the roadway or with a direct line of sight). All exterior windows for residences adjacent to First Street (SR -152) and Santa Teresa Boulevard shall be constructed with upgraded windows to provide an airborne sound insulation system achieving a minimum Sound Transmission Class (STC) of 33. The final site design shall also implement centralized heating/ ventilation /air- conditioning (HVAC) units on all these dwelling units to ensure noise levels would be below 45 dBA CNEL with windows and doors closed. The Applicant, as an alternative, may retain a qualified acoustical consultant whom shall submit a report for an alternative means of sound insulation satisfactory to the City of Gilroy which achieves a maximum interior noise level of 45 dBA CNEL. Transportation/Traffic TRA -1 Intersection 1 (Santa Teresa Boulevard / Fitzgerald Prior to Issuance Enter into an Engineering Avenue) — The significant project impact to this of a Building agreement Division intersection shall be mitigated with the addition of a Permit separate northbound right -turn land on Santa Teresa Blvd. to eastbound Fitzgerald Ave. Adding a separate northbound right -turn lane would improve the intersection level of service conditions to better than background conditions (LOC C and E during the AM and PM peak hours, respectively.) This improvement has been identified in the City's Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project's fair -share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair -share contribution, in lieu of construction. Details as to fair -share amount, schedule for payment of fair -share contribution, or construction, shall be established in a subsequent A 9 1S AQQ7 A160v1 AR1G FG117 A19Ov1 Monitoring Monitoring Implementing Verification of Compliance Mitigation Measure Phase/Timing Procedure Party/Agency Initials Date Remarks agreement. It is estimated that the fair share contribution will be based on 5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $2,062,181 in 2015 TIF dollars. The developer's fair -share cost is estimated at $103,109. TRA -2 Intersection 3 (Santa Teresa Boulevard / Day Road Implemented by East) — The cumulative project impact to this Tract 10230. intersection shall be mitigated with the addition of a No additional second northbound through lane on Santa Teresa Blvd. action needed Adding a second northbound through lane would improve the intersection level of service conditions to better than cumulative (no project) conditions (LOS D during the AM peak hour.) This improvement has been identified in the City's Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project's fair -share contribution. This condition was also assigned to another developer (Silveira — Tract 10230). This condition has been fully met by the Tract 10230 developer and is no longer in need of subsequent mitigations by the Imwalle Townhomes project. TRA -3 Intersection 4 (Santa Teresa Boulevard / Sunrise Drive) Prior to Issuance Enter into an Engineering — The significant project impact to this intersection shall of a Building agreement Division be mitigated with the addition of a second northbound Permit through lane on Santa Teresa Blvd. Adding a second northbound through lane would improve the intersection level of service conditions to better than background conditions (LOSE during the AM peak hour.) This improvement has been identified in the City's Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project's fair -share contribution. AR1G FG117 A19Ov1 Mitggatlon Measure; .' Monitoring Pa fi selTlming;� Monitoring Procedure ' ImplemenFing , PartylAgency , Verification, of Compliance . Initials }Date: , � Remarks MUM Timing for completion of this improvement is revised as follows: Construction shall commence prior to issuance of the 100th building permit and construction shall be complete prior to issuance of the 150th building permit, and to the satisfaction of the City Traffic Engineer. TRA -4 Intersection 10 (Kelton Drive- Project Access / First Prior to Issuance Enter into an Engineering Street) — This intersection is within Caltrans jurisdiction, of a Building agreement Division the Project Applicant shall: 1) Coordinate with and Permit obtain concurrence from Caltrans for the improvements outlined below; and 2) Fully design and install the following improvements prior to occupancy of first unit: Install "pork chop island" at northbound (Project driveway) approach to restrict Project driveway access to only right -tums in and right -turns out. Northbound and southbound approaches would continue to be unsignalized stop -sign controlled. Full left -turn access would continue to be allowed from First Street onto Kelton Drive and from Kelton Drive onto First Street. (RBF mitigation MND TRA -6) TRA -5 Intersection 13 (Wren Avenue / Welburn Avenue) — The Prior to Issuance Enter into an Engineering significant project impact to this intersection shall be of a Building agreement Division mitigated by installing a traffic signal, as planned in the Permit City's TCMP. This improvement includes signalizing the intersection, restriping all of the intersection approaches, and adding left -tum pockets on 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 LOS C during both peak hours. These improvements have been identified in the City's Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project's fair -share contribution. The intersection of Wren Avenue and Welburn Avenue AA1r 6AA7 ALMA Monitoring; " Monitoring Implementing Verification of Compliance Mitigation Measure, PhaselTiming, Procedure PaitylAgency f Initials. Date Re marks is also projected to be impacted by another proposed project, Las Animas Residential development, located along the east side of Wren Avenue just north of Welburn Avenue. The Las Animas project is currently awaiting city approval. Pending approval of the proposed project and the Las Animas Residential development, responsibility for implementation of the above mitigation measures may be shared between the two proposed projects. City suggests that both developers coordinate this mitigation for project delivery. Timing for completion of this improvement is revised as follows: Construction shall commence prior to issuance of the 100th building permit and construction shall be complete prior to issuance of the 150th building permit, and to the satisfaction of the City Traffic Engineer. TRA -6 Intersection 17 (Monterey Street I Fitzgerald Avenue- Prior to Issuance Enter into an Engineering Masten Avenue) — The significant project impact to this of a Building agreement Division intersection shall be mitigated by providing protected Permit left -tums on the east and west approaches of the intersection. Additionally, by changing the east -west signal phase from split to protected, Fitzgerald Ave. would need to be widened to provide an exclusive eastbound left -turn lane. Implementation of the proposed improvements would improve the intersection level of service conditions to better than background conditions (LOS C and D during the AM and PM peak hours, respectively.) This improvement has been identified in the City's Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project's fair -share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair -share contribution, in lieu of construction. Details as to fair -share amount, AA1F f.AA7 A190M Monitoring Monitoring Implementing Verification of Compliance Mitigation Measure Phase/Timing Procedure Party /Agency Initials Date Remarks schedule for payment of fair -share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $1,776,143 in 2015 TIF dollars. The developer's fair -share cost is estimated at $88,807. TRA -7 Intersection 22 (US -101 SB Ramps / Masten Avenue) — Prior to Issuance Enter into an Engineering The significant project impact to this intersection shall of a Building agreement Division be mitigated by installing a traffic signal. The Permit intersection level of service would be LOS B during both peak hours with signalization. This improvement has been identified in the City's Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project's fair -share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair -share contribution, in lieu of construction. Details as to fair -share amount, schedule for payment of fair -share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 2.5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $765,618 in 2015 TIF dollars. The developer's fair -share cost is estimated at $19,140. TRA -8 Intersection 23 (US 101 Northbound Ramps / Masten Prior to Issuance Enter into an Engineering Ave.) — The significant project impact to this intersection of a Building agreement Division shall be mitigated by installing a traffic signal. The Permit intersection level of service would be LOS C and B during the AM and PM peak hours, respectively, with signalization. This improvement has been identified in the City's AA1F f.AA7 A190M Mitigation Measure .. Mongaring, Phase/Timing Monitoring Procedure (mplemeMing Part] /Agency Verification of Compliance initials Date Remarks Traffic Circulation Master Plan (TCMP) and Traffic Impact Fee (TIF) Program. Thus, a Reimbursement Agreement would be developed between the City and the developer to complete the improvement such that the developer would be reimbursed for the cost of the improvement, less the project's fair -share contribution. Since this is a County facility and a County encroachment permit will be required, it is prudent to have the developer provide a fair -share contribution, in lieu of construction. Details as to fair -share amount, schedule for payment of fair -share contribution, or construction, shall be established in a subsequent agreement. It is estimated that the fair share contribution will be based on 2.5% of cumulative project trips passing through this intersection. The estimated cost of the improvement is $788,118 in 2015 TIF dollars. The developer's fair -share cost is estimated at $19,703. AA1F AP27 A490A I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2016 -21 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 4`h 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 Ci of Gilroy thiys 6t' day of April, 2016. i i S a ree , C Clerk of the City of Gilroy (Seal)