Resolution 2016-27RESOLUTION NO. 2016-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING THE EXTENSION OF TENTATIVE MAP TM 06 -13,
CREATING 5 SINGLE - FAMILY RESIDENTIAL LOTS ON
APPROXIMATELY 1.5 ACRES LOCATED AT 5885 MILLER AVENUE,
WEST OF THE MILLER, THOMAS AND MESA ROAD INTERSECTION,
APN 810 -28 -002.
WHEREAS, Randolph Sargenti submitted application TM 06 -13, requesting a tentative
map to create 5 parcels on approximately 1.5 acres ( "the Project "), located at 5885 Miller
Avenue, west of the Miller, Thomas and Mesa Road intersection, APN
810 -28 -002; and
WHEREAS, the Planning Commission held a duly noticed public hearing on March 1,
2007, at which time the Planning Commission considered the public testimony, the staff report
dated January 5, 2007 ( "Staff Report"), and all other documentation related to application TM
06 -13, and recommended that the City Council approve said application; and
WHEREAS, pursuant to the California Environmental Quality Act, ( "CEQA "), the City
Council after consideration of the Environmental Impact Report ('EIR') prepared in conjunction
with this Project, and utilized for the change in Zoning Designation (Z03 -04), did certify the EIR
on December 19, 2005, finding that the EIR was prepared in compliance with CEQA; and
WHEREAS, Tentative Map TM 06 -13 was determined to be part of the project receiving
environmental clearance with said EIR; and
WHEREAS, the City Council held a duly noticed public hearing on March 19, 2007 at
which time the City Council considered the public testimony, the Staff Report, a supplemental
staff report dated March 3, 2007, and all other documentation related to application TM 06 -13;
and
4850 - 5633 -56610 RESOLUTION NO. 2016 -27
JH104706089
WHEREAS, the City Council approved tentative map application TM 06 -06 on April 2,
2007, providing for a tentative map expiration date of April 2, 2009; and
WHEREAS, the state of California provided for 7 years of automatic tentative map
extensions, with a resulting tentative map expiration date of April 2, 2016; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this Project approval is based is the office of the
City Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT:
SECTION I
The City Council hereby finds as follows:
1. Public utilities and infrastructure improvements needed to serve the Project are
in close proximity to the Project site.
2. The proposed Project is consistent with the City's Zoning Ordinance and the
city's Subdivision and Land Development Code, and with the State Subdivision Map Act.
3. The proposed Project is consistent with the intent of the goals and policies of the
General Plan and the land use designation for the property on the General Plan map (Low
Density Residential).
4. The Project is consistent with the surrounding development.
5. There is no substantial evidence in the entire record that there will be any new
significant environmental impacts as a result of this Project due to the required mitigation
measures to be applied.
SECTION II
The extension of Tentative Map TM 06 -13 to April 2, 2017 is hereby approved,
subject to the conditions of approval set forth in Exhibit "A" attached hereto and entitled "TM
06 -13 FINAL CONDITIONS OF APPROVAL" and the Mitigation Monitoring Program
hereby adopted for the Project, attached hereto as Exhibit "B."
4850-5633 -56610 RESOLUTION NO. 2016 -27
JK04706089
PASSED AND ADOPTED this 16`h day of May, 2016, by the following roll call vote:
AYES: COUNCILMEMBERS: BRACCO, LEROE- MUNOZ, TUCKER,
VELASCO and WOODWARD
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: AULMAN, HARNEY
ward, Mayor
ATTEST:
Freels, City Clerk
4850 - 5633 -56610 RESOLUTION NO. 2016 -27
JH104706089
Exhibit A
TM 06 -13
Final Conditions of Approval
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. 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)
5. 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)
6. 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)
7. 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)
8. 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)
9. Developer shall complete the "Notice of Land Use Restrictions and Conditions"
form, using the form provided by the City, for recording with the Santa Clara
County Recorder. Before the City issues building permits, Developer shall submit
the original completed, signed and notarized document, together with the
required fees to the Planning Manager. (PL, G -12)
10. 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)
PLANNING DIVISION STANDARD CONDITIONS
11. 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)
12. MITIGATION MEASURES #1 through #12 contained within the Negative
Declaration dated September 2005 for the Miller A venue Reorganization A 03-
01 for the subject project shall be applied to the approval of this Tentative Map in
order to reduce and /or eliminate all potential significant impacts to a level of
insignificance, as required under the California Environmental Quality Act
(CEQA).
13. A homeowners' association or a property owner's maintenance agreement is
required for all commonly -owned property within this subdivision.
14. Prior to Final Map approval, the developer shall create a provision in the
homeowners' association CC &Rs and /or property owner's maintenance
agreement requiring common maintenance of any common boundary fence
shared by lots located within the Sargenti Marital Trust tentative map area (TM
06 -13) and the neighboring property (Chappell tentative map area, TM 06 -06)..
15. There are existing property boundaries adjacent to the lots that will be created by
tentative map application TM 06 -13 that adjoin common areas and /or front yards
of the neighboring property owned by the Chappell subdivision (TM 06 -06). Solid
fencing higher than 3 feet in these areas will not be permitted. Solid 6 foot
fencing will only be permitted when associated with rear yard fencing. This
condition shall be a note on the improvement plans.
16. Private driveway will be landscaped and will be reviewed at time of the first
Architectural & Site Review submittal.
17. This tentative map shall expire April 2, 2017.
PUBLIC WORKS /ENGINEERING DIVISION STANDARD CONDITIONS
18. Vector based a -files will be required prior to Final Map approval, readable by
AutoCAD (IGES, DXF, DWG), containing lot and street layout and all City
utilities. These files will be used to update the city's GIS system.
19. 20. Source of water supply and distribution system will be identified and
approved prior to Final Map submittal.
20. A SWPPP and an Erosion Control Plan is required for all development over 1
acre.
21. Certification of improvement on site plans is required prior to Building final (add
to general notes on Title sheet of plans).
22. Certification of fire flow test is required prior to final permit (add to general notes
on Title sheet or plans).
23. 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.
24. Certification is required by the design engineer of the design and construction for
all retaining walls shown on the improvement plans prior to final acceptance of
the subdivision.
25. All retaining walls must be constricted of permanent materials such as concrete
or masonry, and shall be of a modular design; wood shall not be permitted.
26. All Traffic Control Plans shall be prepared by a licensed professional engineer
with experience in Traffic Control Design.
27. A Traffic Control Plan shall be provided in the Improvement Plans set for all work
within the public right -of -way.
28. All temporary roads or detours shall have temporary asphalt paving unless
otherwise approved by the City Engineer in writing.
29. Full frontage improvements are required for all new development. All streets
must show sidewalks on both sides.
30. All work is to be done in compliance with the City of Gilroy Specifications
Standards and Design Criteria and is subject to all laws of this community by
reference.
31. Street improvements and the design of all storm drainage, sewer and water lines,
and all street sections and widths shall be in accordance with City Standards and
shall follow the most current Master plan for streets and each utility. The
developer shall provide full street, curb, gutter, sidewalk and electrolier
improvements.
32. All grading operations and soil compaction activities shall be per the approved
soils report and shall meet with the approval of the City Engineer. Grading plans
shall show the grades of all adjacent properties.
33. 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.
34. A minimum of one exterior monument shall be set. Additional monuments can be
required by the City Engineer or City Surveyor as deemed necessary.
35. 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.
36. New and existing utility lines to, through and on the site, and appurtenances and
associated equipment, including, but not limited to, electrical transmission, street
lighting, cable television and telephone shall be required to be placed
underground.
37. A Final Map with all required dedications shall be filed with a copy transmitted to
the City.
38. The developer shall submit an estimate of the probable cost of developer -
installed off -site improvements with the Final map submittal.
39. The developer shall submit fees and bonds and enter into an improvement
agreement prior to Final Map recordation.
40. In the event it is necessary to acquire offsite easements or street right -of -way,
the owner shall enter into an agreement with the City prior to Final Map approval
agreeing to pay all condemnation costs, for dedication of all required easements
or street right -of -way. This agreement shall be recorded and require the owner to
deposit all condemnation costs with the City within 21 days of Final Map
approval. The owner shall agree to provide an initial cash deposit as determined
by the City.
41. Prior to Final Map approval and approval of the Improvement Plans, the following
items will, need to be completed:
a. 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. A licensed Civil or Electrical Engineer shall sign the composite
drawings and /or utility improvement plans. (All dry utilities shall be placed
underground.)
b. A note shall be placed on the plans which states that the composite plan
agrees with City Codes and Standards and that no underground utility conflict
exists.
c. 'Will Serve Letters" from each utility company for the subdivision shall be
supplied to the City.
d. The City will collect the plan check and inspection fee for the utility
underground work.
42. A current Title Report shall be submitted for review to the City prior to Final map
approval.
43. Prior to any construction of the dry utilities in the field, the following will need to
be supplied to the City:
a. A professional engineer- signed and PG &E- approved original electric plan.
b. 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.
44. All lots shall drain to the street for storm drainage.
45. Improvement plans are required for all on -site and off -site improvements.
46. Submit a Hazardous Material clearance for any underground tank removal from
the appropriate agency.
47. A Storm Water Pollution Prevention Plan shall be filed with the Regional Water
Quality Control Board with a copy to the City. An Erosion Control Plan and Waste
Discharger Identification shall be submitted to the City.
48. 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.
49. Storm and sewer lines in private streets shall be privately maintained unless
approved by the City Engineer in writing.
50. If any portion of the project is located in a special flood hazard area as shown on
the most current flood insurance rate map; a flood zone study is required. Should
the City Engineer determine a LOMR (letter of map revision) is required, no
permits will be issued until a CLOMR (conditional letter of map revision) is
completed. No permits will be finaled until the LOMR is complete. Any flood
conditions imposed on this project by the National Flood Insurance Program or
the City of Gilroy will be enforced by the City of Gilroy.
51. If any portion of the project is located in a special flood hazard area, provide the
following statement in a bold box with minimum 1/4 inch text on the front sheet of
the plan set: "This project is located in a Flood Zone. A Conditional Elevation
Certificate is required prior to the foundation pour and an Elevation Certificate
with pictures of each of the four building elevations is required prior to final
inspection."
52. If any portion of the project contains recycled water facilities as shown in the
South County Recycled Water Master Plan, the facilities shall be installed at sole
expense of the developer prior to final or occupancy of the first building.
53. Homeowners' association Conditions, Covenants and Restrictions and /or
property owner's Maintenance Agreement shall be approved by the Planning
Division prior to the map being released for recordation.
54. The City shall be notified at least two (2) working days prior to the start of any
construction work and at that time the contractor shall provide a project schedule
and a 24 hour emergency telephone number list.
55. All work shown on the improvement plans shall be inspected. Uninspected work
shall be removed as deemed appropriate by the City Engineer.
56. Once the tentative map is approved, the developer shall submit an 8 -1/2 X II -inch
site plan to the Engineering Division to assign addressing which shows the
following: tract name and number, lot number, street names, property lines, right -
of -way lines, north arrow and curb cuts for driveway.
57. Reimbursement is required for any frontage infrastructure including but not
limited to curb, gutter, sidewalk, storm, sewer, and water, constructed by others
that benefits this development.
58. The permanent street name sign shall be installed immediately after the curb and
gutter construction is complete.
59. The developer /contractor shall make accessible any or all City utilities as directed
by the City Engineer.
60. Additional comments may be added at any time due to incomplete plans, plan
changes and mistakes, errors or omissions.
61. GENERAL:
a. Developer shall perform all work in compliance with the City of Gilroy
Specifications Standards and Design Criteria, 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.
62. 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.
63. TRANSPORTATION
a. Developer shall install all street light conduits as 2" SCH40 PVC per City
Standard EL -1 and related pull boxes shall follow City Standard EL -14.
b. Final streetlight locations shall be to the satisfaction of the City Transportation
Engineer and shall follow City standards.
c. 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.
64. CUL -DE -SAC IMPROVEMENTS:
a. The Developer shall reimburse the developer of the neighboring property
owned by Martin & Cynthia Chappell Trustee (Chappell development) for this
project's front footage cul -de -sac improvements, including but not limited to
curb, gutter, sidewalk, if these improvements are constructed in advance by
the Chappell development for the benefit of this project. In no case shall the
reimbursement apply beyond ten (10) years after the effective date of the
Chappell development's Property Improvement Agreement.
b. The new San Justo cul-de -sac will be publicly - maintained.
65. GRADING /DRAINAGE: At grading permit phase, submit an updated
Geotechnical Report.
66. STORMWATER: This project is subject to post- construction stormwater quality
requirements per Chapter 27D of the Gilroy Municipal Code.
a. At final map phase, show a stormwater easement for each of the treatment
areas located on each lot and include the entity responsible for maintenance.
b. At grading permit phase, submit a Stormwater Management Plan and final
signed Performance Requirement Certifications specified in the Stormwater
Guidance Manual.
c. Stormwater BMP Operation and Maintenance Agreement
i. 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.
ii. This Agreement shall require that the BMPs not be modified and BMP
maintenance activities not alter the designed function of the facility from its
original design unless approved by the City prior to the commencement of
the proposed modification or maintenance activity.
iii. This Agreement shall also provide that in the event that maintenance or
repair is neglected, or the stormwater management facility becomes a
danger to public health or safety, the city shall have the authority to
perform maintenance and /or repair work and to recover the costs from the
owner.
iv. All on -site stormwater management facilities shall be operated and
maintained in good condition and promptly repaired /replaced by the
property owner(s), an owners' or homeowners' association or other legal
entity approved by the City.
v. Any repairs or restoration /replacement and maintenance shall be in
accordance with City- approved plans.
vi. The property owner(s) shall develop a maintenance schedule for the life of
any stormwater management facility and shall describe the maintenance
to be completed, the time period for completion, and who shall perform the
maintenance. This maintenance schedule shall be included with the
approved Stormwater Runoff Management Plan.
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:
1) Site address;
2) Date and time of inspection;
3) Name of the person conducting the inspection;
4) List of stormwater facilities inspected;
5) Condition of each stormwater facility inspected;
6) Description of any needed maintenance or repairs; and
7) As applicable, the need for site re- inspection.
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.
67. 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.
68. NOTICING: At least one week prior to commencement of work, the Developer
shall post at the site and mail to owners of property within (300') three hundred
feet of the exterior boundary of the project site, to the homeowner associations of
nearby residential projects and to the Engineering Division, a notice that
construction work will commence on or around the stated date. The notice shall
include a list of contact persons with name, title, phone number and area of
responsibility. The person responsible for maintaining the list shall be included.
The list shall be current at all times and shall consist of persons with authority to
initiate corrective action in their area of responsibility. The names of individuals
responsible for dust, noise and litter control shall be expressly identified in the
notice.
69. 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.
70. DUST CONTROL: Blowing dust shall be reduced by timing construction
activities so that paving and building construction begin as soon as possible after
completion of grading, and by landscaping disturbed soils as soon as possible.
Further, water trucks shall be present and in use at the construction site. All
portions of the site subject to blowing dust shall be watered as often as deemed
necessary by the City, or a minimum of three times daily, or apply (non- toxic) soil
stabilizers on all unpaved access roads, parking areas, and staging areas at
construction sites in order to insure proper control of blowing dust for the duration
of the project. Watering on public streets shall not occur. Streets will be cleaned
by street sweepers or by hand as often as deemed necessary by the Public
Works Director, or at least once a day. Watering associated with on -site
construction activity shall take place between the hours of 8 a.m. and 5 p.m. and
shall include at least one late- afternoon watering to minimize the effects of
blowing dust. All public streets soiled or littered due to this construction activity
shall be cleaned and swept on a daily basis during the workweek to the
satisfaction of the Public Works Director. Demolition or earthwork activities shall
be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks
hauling soil, sand, or other loose debris shall be covered.
71. CONSTRUCTION STREET PARKING: No vehicle having a manufacturer's
rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be
allowed to park on the portion of a street which abuts property in a residential
zone without prior approval from the Public Works Director (§ 15.40.070).
72. 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.
73. 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.
74. MONUMENTS: 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.
75. ACCEPTANCE OF IMPROVEMENTS: Until such time as all improvements
required are fully completed and accepted by City, Developer will be responsible
for the care maintenance of and any damage to such improvements. City shall
not, nor shall any officer or employee thereof, be liable or responsible for any
accident, loss or damage, regardless of cause, happening or occurring to the
work or Improvements required for this project prior to the completion and
acceptance of the work or Improvements. All such risks shall be the responsibility
of and are hereby assumed by the Developer.
PUBLIC WORKS /ENGINEERING DIVISION SPECIAL CONDITIONS
76. Final Map requires coordination with the Chappell tentative map (TM 06 -06),
including easements and /or dedications on the Chappell Property.
FIRE DEPARTMENT STANDARD CONDITIONS
77. Fire Hydrants shall be able to flow 1,500 gpm with a 20 psi residual pressure
Street Hydrants shall be spaced every 300 feet, and within 150 feet of any
building. Note: a hydrant will need to meet the 150 foot distance to the existing
home. Fire Hydrant locations shall be approved by the Fire Marshal during the
review of the site improvement plan. The City Standard shall be followed for
installation, red curbing and blue reflective dot. Hydrants shall be installed prior
to commencement of construction with combustible materials. The most remote
hydrant shall be flow tested by a qualified person or the Fire Marshal prior to
possession by the water department.
78. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical
clearance of not less than 15 feet shall be provided. Turning radius shall not be
less than 32 feet inside and 39 feet outside. At minimum, road widths shall be as
follows, or an exception from the Fire Chief obtained.
a. 20 feet no parking on either side
b. 28 feet no parking on one side.
c. 36 feet parking not restricted.
Improvement plans to include a paragraph that reads: "Red curbing and signage shall
be maintained by the Home Owners' Association. A parking enforcement plan shall be
implemented by the Homeowners' Association."
79. Where parking is restricted, it shall be posted with signs for No Parking -Fire Lane
and curbs shall be painted red. Signage and curb painting shall be maintained in
good condition. Improvement plans shall provide a signage and striping plan.
80. Dead end public streets shall be provided with a cul -de -sac of 78' diameter and
posted as no parking - -fire lane, with curbs painted red. The cul de sac shall be
installed prior to any combustible construction on this project.
81. Gated driveways shall provide opening of full width of the driveway, with the gate
recessed a min. of 20 feet to keep from vehicles waiting from blocking the road,
Police and Fire KNOX key over -ride will be required. Gates require building
permit and Fire Marshal review. Gated Roadways have separate requirements
and need to be shown on the TM.
82. Lots adjacent to open space areas shall have a 30 foot setback for the home to
the open space areas to allow for a Defensible Space Landscaping. This note
shall be shown on the improvement plans.
83. Site improvement plans shall provide adequate water service to support an
NFPA 13 D fire sprinkler system. Water laterals shall be a minimum of 1.5
inches.
Exhibit B: Mitigation Monitoring Program for the Miller
Avenue Reorganization (A 03 -01)
Introduction
CEQA Guidelines section 15097 requires public agencies to adopt reporting or monitoring
programs when they approve projects subject to an environmental impact report or a negative
declaration that includes mitigation measures to avoid significant adverse environmental
effects. The reporting or monitoring program is to be designed to ensure compliance with
conditions of project approval during project implementation in order to avoid significant
adverse environmental effects.
The law was passed in response to historic non - implementation of mitigation measures
presented in environmental documents and subsequently adopted as conditions of project
approval. In addition, monitoring ensures that mitigation measures are implemented and
thereby provides a mechanism to evaluate the effectiveness of the mitigation measures.
A definitive set of project conditions would include enough detailed information and
enforcement procedures to ensure the measure's compliance. This monitoring program is
designed to provide a mechanism to ensure that mitigation measures and subsequent
conditions of project approval are implemented.
Monitoring Program
The basis for this monitoring program is the mitigation measures included in the project
environmental impact report. These mitigation measures are designed to eliminate or reduce
significant adverse environmental effects to less than significant levels. These mitigation
measures become conditions of project approval, which the project proponent is required to
complete during and after implementation of the proposed project.
The attached checklist is proposed for monitoring the implementation of the mitigation
measures. This monitoring checklist contains all appropriate mitigation measures in the
environmental impact report.
Monitoring Program Procedures
The City of Gilroy shall use the attached monitoring checklist for the Miller Avenue
Reorganization project. The monitoring program should be implemented as follows:
1. The Gilroy Community Development Department should be responsible for
coordination of the monitoring program, including the monitoring checklist. The
Community Development Department should be responsible for completing the
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monitoring checklist and distributing the checklist to the responsible individuals or
agencies for their use in monitoring the mitigation measures;
2. Each responsible individual or agency will then be responsible for determining
whether the mitigation measures contained in the monitoring checklist have been
complied with. Once all mitigation measures have been complied with, the
responsible individual or agency should submit a copy of the monitoring checklist to
the Community Development Department to be placed in the project file. If the
mitigation measure has not been complied with, the monitoring checklist should not
be returned to the Community Development Department;
3. The Gilroy Community Development Department will review the checklist to ensure
that appropriate mitigation measures and additional conditions of project approval
included in the monitoring checklist have been complied with at the appropriate time,
e.g. prior to issuance of a use permit, etc. Compliance with mitigation measures is
required for project approvals; and
4. If a responsible individual or agency determines that a non - compliance has occurred,
a written notice should be delivered by certified mail to the project proponent within
10 days, with a copy to the Community Development Department, describing the
non - compliance and requiring compliance within a specified period of time. If non-
compliance still exists at the expiration of the specified period of time, construction
may be halted and fines may be imposed at the discretion of the City of Gilroy.
Miller Avenue Reorganization
Mitigation Monitoring Checklist
Step 1
Prior to approval of a tentative map or other development entitlements for the project
site, the following mitigation measures shall be implemented:
2. The applicant shall initiate consultation with the California Department of Fish and
Game and the United States Fish and Wildlife Service to obtain an incidental take
permit, which will require preparation and approval of a Habitat Conservation Plan
(HCP). The HCP may include, but be not be limited to, the following:
a. California tiger salamander upland habitat preservation at a three to one ratio.
Habitat preservation can occur either on site or at a suitable offsite mitigation
bank. Habitat preserved as part of a habitat corridor can be included as onsite
mitigation.
b. A 300 -foot fenced exclusion zone from the high water mark of Farman Canyon
Creek. Four -foot fencing shall be fastened to t -post stakes placed at eight -foot
intervals. Signs shall be installed to clearly designate sensitive habitat
boundaries. Erosion control shall be installed to prevent washing of soil or
materials into the stream during construction. Soil compaction, parking of
vehicles or heavy equipment, stockpiling of construction materials, and/or
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dumping of materials shall not be allowed within the exclusion zone. The
fencing shall remain in place during the entire construction period. Permanent
open -rail fencing may be installed in lieu of the temporary fencing.
C. A pre - construction worker orientation, prepared and conducted by a qualified
biologist, to inform workers of the amphibian's protected status and facilitate
identification of the potential presence of special status amphibians.
d. Measures to avoid loss of these species during construction activities including
but not limited to:
1) Who to contact to remove individual amphibians from the project site
prior to and during project grading and construction;
2) How /Where to relocate them to nearby protected habitat or other suitable
locations identified in the plan; and
3) Appropriate measures to prevent amphibians from entering the site during
construction activities.
e. Reporting requirements to monitor the effectiveness of the provision of the
HCP.
f. Construction details to prevent entry of amphibians into private yards or onto
streets, to reduce the potential for accidental take during occupancy of the
proposed project.
g. Additional mitigation measures may be required as part of a project - specific or
regional HCP.
The HCP shall be approved by the US Fish and Wildlife Service prior to approval of
a tentative map.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Planning Division
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12. The developer of the project site shall have a geotechnical report prepared to evaluate
the project site's suitability for residential development. The report shall identify any
measures necessary for building and infrastructure foundations, retaining walls, etc.,
so that potential impacts associated with seismic events and landslides would be
mitigated. The geotechnical report shall be subject to review and approval by the
City Engineering Division, prior to approval of a tentative map. The developer shall
implement recommendations in the report during site preparation.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Engineering Division
Step 2
Prior to approval of a demolition permit, the following mitigation measures shall be
implemented:
9. Prior to demolition of any structures on the project site, the existing structures on
shall be evaluated by a qualified historian, if the structures are 50 years or older at the
time of application. The historic evaluation shall be included in the CEQA process
for future development entitlements of the project site. If the structures are
determined to be historically significant, appropriate mitigation measures shall be
implemented, which may include retaining the structures.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Planning Division
Step 3
Prior to approval of a building permit and grading activities the following mitigation
measures shall be implemented:
1. The following surveys shall be required if any construction would occur during the
nesting and/or breeding season of burrowing owls (February 1 through August 31)
and/or during the winter residency period (December 1 through January 31).
No more than 30 days prior to commencement of grading or construction activities on
the project site, field surveys shall be conducted by a qualified biologist to determine
if burrowing owls are present in the construction zone or within 200 feet of the
construction zone. Areas within 200 feet of the construction zone that are not within
the control of the applicant shall be visually assessed from the project site. Results of
the survey shall be documented by the biologist, and reviewed by the City Planning
Division, prior to issuance of a building permit.
If active nests are found in the survey area, the applicant shall contact the California
Department of Fish and Game and shall initiate a Memorandum of Understanding
(MOU) process with the California Department of Fish and Game. The MOU shall
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contain mitigation measures contained in the California Department of Fish and
Game Staff Report on Burrowing Owl Mitigation (California Department of Fish and
Game 1995). The MOU may contain, but not be limited to, the following:
• Avoidance of occupied burrows during the nesting season (February 1 through
August 31);
• Acquisition, protection and funding for long -term management and monitoring
of foraging habitat adjacent to occupied habitat;
• Enhancement of existing burrows and/or creation of new burrows;
• Passive relocation of burrowing owls.
The MOU process shall be completed prior to grading or construction activities.
Party responsible for implementation: Applicant
Parry responsible for monitoring: Gilroy Planning Division
The following surveys shall be required if any construction would occur during the
nesting season for raptors (April 15 — August 1).
Preconstruction surveys for nesting raptors shall be conducted by a qualified biologist
prior to commencement of grading activities.
If raptor nests are located during pre - construction surveys, a qualified biologist shall
establish a 300 -foot buffer around each nest for the duration of the breeding season
(until such time as the young are fully fledged) to prevent nest harassment and brood
mortality. Work may proceed prior to August 1 only if a qualified biologist conducts
nest checks and establishes that the young are fully fledged. Every effort will be made
to avoid removal or impact to known raptor nests within project boundaries. If trees
known to support raptor nests cannot be avoided, removal of these trees will only
occur during the non - breeding season to reduce impacts to a less than significant
level.
Results of the survey shall be documented by the biologist, and reviewed by the City
Planning Division, prior to issuance of a building permit.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Planning Division
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4. Prior to future development activities, and in coordination with the mitigation
measures above, a 300 -foot setback from the high water mark of Farman Creek will
be fenced. Grading and equipment will not be allowed within this setback. If
disturbance is proposed within the creekbed, a Section 404 permit from the USACE
and a Streambed Alteration Agreement from CDFG will be obtained.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Planning Division
5. In order to allow a prompt and effective response to any accidental spills occurring
during construction, and to protect on -site and downstream water quality and habitat,
the project proponent shall prepare a spill abatement plan and hold a pre - construction
worker orientation meeting(s) to discuss the spill abatement plan. Workers shall be
informed of the importance of preventing spills, and of the appropriate measures to
take shall a spill occur. The materials necessary for the initial response to a spill shall
be kept at an easily accessible location on the project site. The erosion control plan
should include but not be limited to the following best management practices:
a. Temporary mulching, seeding or other suitable stabilization measures to protect
exposed erodible areas during construction;
b. Earth or paved interceptors and diversions installed at the top of cut or fill
slopes where there is a potential for erosive surface runoff,
C. Erosion and sediment control devices for all grading and filling. Control devices
and measures could include, but are not limited to energy absorbing structures
or devices to reduce the velocity of runoff water, and;
d. Within thirty days after completion of grading, all surfaces disturbed by
vegetation removal, grading, or other construction activity that alters vegetative
cover, should be revegetated to control erosion, unless covered with impervious
or other improved surfaces authorized by approved plans. Erosion controls may
include any combination of mechanical or vegetative measure, including but not
limited to those described in USDA Soil Conservation Service Bulletin 347.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Planning Division
6. In order to prevent the spread of invasive non - native species, the project proponent
shall prepare a landscaping and re- vegetation plan to include the following
requirements:
a. An eradication plan for plants listed in California Invasive Plant Council's
Exotic Pest Plants of Greatest Ecological Concern in California currently
growing on the project site;
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b. Use of plants listed in California Invasive Plant Council's Exotic Pest Plants of
Greatest Ecological Concern in California shall be prohibited;
C. Exposed soil areas shall be planted, mulched, or covered between October 15
and the following April 15 each year;
d. Plant materials used in landscaping, erosion control, or habitat restoration shall
consist of plants that are included in an appropriate native California plants as
identified by a qualified biologist or landscape architect; and
e. To prevent erosion and conserve water, bare soil between newly installed plant
materials shall be mulched, covered with jute netting, or seeded with a mix of
seeds best suited for the climate and soil conditions, and native to the Gilroy
region.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Planning Division
7. Future developers shall specify in project plans the implementation of the following
dust control measures during grading and construction activities for development of
the project site. The measures shall be implemented as necessary to adequately
control dust, subject to the review and approval by the City of Gilroy Engineering
Division:
• Water all active construction areas at least twice daily;
• Cover all trucks hauling soil, sand, and other loose materials or require all
trucks to maintain at least two feet of freeboard;
• Pave, apply water three times daily, or apply (non- toxic) soil stabilizers on all
unpaved access roads, parking areas and staging areas at construction sites;
• Sweep daily (with water sweepers) all paved access roads, parking areas and
staging areas at construction sites; and
• Sweep streets immediately (with water sweepers) if visible soil material is
carried onto adjacent public streets.
• Hydroseed or apply (non- toxic) soil stabilizers to inactive construction areas
(previously graded areas inactive for fourteen days or more);
• Enclose, cover, water twice daily or apply (non- toxic) soil binders to exposed
stockpiles (dirt, sand, etc.);
• Limit traffic speeds on unpaved roads to 15 mph;
• Install sandbags or other erosion control measures to prevent silt runoff to
public roadways; and
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• Replant vegetation in disturbed areas as quickly as possible.
• Place 100 linear feet of 6 to 8 inch average diameter cobble at all exist points to
dislodge and trap dirt from vehicle tires;
• Suspend excavation and grading activity when winds (instantaneous gusts)
exceed 25 miles per hour; and
• Limit the area subject to excavation, grading and other construction activity at
any one time.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Engineering Division
8. The following measures shall be incorporated into all project plans, subject to the
review and approval of the City of Gilroy Engineering Division:
• Idling time of construction equipment shall not exceed five minutes;
• Limit the hours of operation of heavy duty equipment and/or the amount of
equipment in use;
• All equipment shall be properly tuned and maintained in accordance with the
manufacturer's specifications;
• When feasible, alternative fueled or electrical construction equipment shall be
used at the project site;
• Use the minimum practical engine size for construction equipment; and
• Gasoline- powered equipment shall be equipped with catalytic converters, where
feasible.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Engineering Division
10. Due to the possibility that significant buried cultural resources might be found during
construction, the following language shall be included on all construction plans for
the proposed project, subject to the review and approval of the City Planning
Division:
If archaeological resources are discovered during construction, work shall be
halted within 50 meters (165 feet) of the find until a qualified professional
archaeologist can evaluate it. If the find is determined to be significant,
appropriate mitigation measures shall be formulated and implemented.
Party responsible for implementation: Applicant
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Party responsible for monitoring: Gilroy Planning Division
11. In accordance with CEQA Guidelines section 15064.5(e), the following language
shall be included in the proposed project plans:
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 a coroner 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.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Planning Division
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I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2016 -27 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 16th day of May, 2016 at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 18th day of May, 2016.
w"Freels,M
City Clerk of the City of Gilroy
(Seal)