Resolution 2016-52RESOLUTION NO. 2016-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY REVISING CONDITION OF APPROVAL
NUMBER 21 FOR ARCHITECTURAL AND SITE REVIEW
APPLICATION AS 13 -26 FOR THE HARVEST PARK
RESIDENTIAL PROJECT PHASE II
WHEREAS, on September 19, 2013, The James Group, submitted an architecture and
site review application ( "AS 13 -26 ") for planned unit development review of the 57 -lot Harvest
Park Phase II single - family subdivision; and
WHEREAS, the subject property is located west of Monterey Street, and north and south
of Cohansey Avenue (APN 790 -06 -029 and 030); and
WHEREAS, on January 6, 2014, the City Council approved A/S -PUD 13 -26 and adopted
Resolution No. 2014 -03, which is attached hereto as Exhibit "A" and incorporated herein by this
reference; and
WHEREAS, Resolution No. 2014 -03 contained 63 Conditions of Approval; and
WHEREAS, Resolution No. 2014 -03 contained Condition of Approval Number 21
( "Condition 21"), as stated below:
Condition 21:
The affordable components of Harvest Park Phases I and II shall be finaled for occupancy
prior to the issuance of the building final of the twenty -first (21st) unit of Harvest Park
Phase II.
and;
WHEREAS, in 2014 Dennis Lalor of South County Housing requested a modification to
Condition 21 because he stated that it was infeasible to obtain financing for Harvest Park Phase
II with the current language; and
WHEREAS, on December 1, 2014, the City Council held a duly noticed public hearing
on November 17, 2014, and considered public testimony, the Staff Report, and other
documentation related to South County Housing's Request to modify Condition 21 and modified
Condition 21 and adopted Resolution No. 2014 -60, which is attached hereto as Exhibit `B" and
incorporated herein by this reference; and
WHEREAS, Condition 21 was modified to read as follows:
Condition 21:
RESOLUTION NO. 2016-52
48473216- 4921v1
JH104706089
Prior to obtaining occupancy final on the 21 st market -rate single family dwelling unit and
prior to building permit issuance of market -rate units 22 through 57, the developer shall
comply with the following requirements:
1. With respect to 32 deed restricted, for -sale townhomes on the 2 -acre parcel (final
map lot 92 of Harvest Park phase I), the developer shall have started construction and
poured all foundations; half of the units shall be constructed to the point of the framing
inspection (i.e. the mechanical, electrical, plumbing, roof shear and framing prior to
insulation and sheetrock shall be complete).
And
2. The developer of the affordable apartment project on the 3 -acre parcel in Harvest
Park phase II (tentative map parcel H) shall complete the following:
a. Record a City of Gilroy deed restriction that restricts 100% of the units
(less the manager's unit) to tenants with incomes less than 60% of area median
income;
b. Record a construction loan financed with tax exempt bonds (allocated by
the California Debt Limit Allocation Committee, or other such bonafide tax
exempt bond financing authority or entity);
C. Obtain a reservation of low income housing tax credits from the California
Tax Credit Allocation Committee and sign a partnership agreement with the
limited partner investor who will have funded at least 15% of its equity
investment;
d. Obtain building permits; and
e. Sign a construction contract and issue a notice to proceed to the general
contractor.
WHEREAS, in 2016 James Suner representing The James Group requested a further
modification to Condition 21 because he stated that it was infeasible to record the final map that
would create the three -acre affordable housing parcel with the current language; and
WHEREAS, on October 3, 2016, the City Council held a duly noticed public and
considered public testimony, the Staff Report, and other documentation related to The James
Group's request to further modify Condition 21; and
WHEREAS, the City Council of the City of Gilroy has considered the proposed
modification to Condition 21 in accordance with the Gilroy Zoning Ordinance, and other
applicable standards and regulations.
NOW, THEREFORE, BE IT RESOLVED THAT:
4847 -3216A9210 RESOLUTION NO. 2016 -52
JH104706089
3
SECTION I
The City Council hereby modifies Condition 21 of Resolution No. 2014 -60 to read as
follows:
Condition 21:
Prior to obtaining occupancy final on the 21 st market -rate single family dwelling unit and
prior to building permit issuance of market -rate units 22 through 57, the developer shall
comply with the following requirements:
1. With respect to 32 deed restricted, for -sale townhomes on the 2 -acre parcel (final
map lot 92 of Harvest Park phase I), the developer shall have started construction and
poured all foundations; half of the units shall be constructed to the point of the framing
inspection (i.e. the mechanical, electrical, plumbing, roof shear and framing prior to
insulation and sheetrock shall be complete).
And
2. The developer of the affordable apartment project on the 3 -acre parcel in Harvest
Park phase II (tentative map parcel H) shall complete the following:
a. Record a City of Gilroy deed restriction that restricts 100% of the units
(less the manager's unit) to tenants with incomes less than 60% of area median
income;
b. Record a construction loan financed with tax exempt bonds (allocated by
the California Debt Limit Allocation Committee, or other such bonafide tax
exempt bond financing authority or entity);
C. Obtain a reservation of low income housing tax credits from the California
Tax Credit Allocation Committee and sign a partnership agreement with the
limited partner investor who will have funded at least 15% of its equity
investment;
d. Obtain architectural and site approval; and
e. Sign a construction contract and issue a notice to proceed to the general
contractor.
4847 -3216-4921A RESOLUTION NO. 2016 -52
JH104706089
4
SECTION I1
The City Council of the City of Gilroy only modified Condition 21 of Resolution No.
2014 -60, as stated above. All other terms and conditions of Resolution 2014 -03 and A -S/PUD
13 -26 remain in full force and effect.
PASSED AND ADOPTED this 3rd day of October, 2016 by the following roll call vote:
AYES: COUNCILMEMBERS: AULMAN, BRACCO, HARNEY, LEROE-
MUNOZ and WOODWARD
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: TUCKER, VELASCO
4&47 - 3216 -4921v1 RESOLUTION NO. 2016-52
JH104706089
I
RESOLUTION NO. 2014-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A/S -PUD 13-26, AN APPLICATION FOR
ARCHITECTURAL AND SITE APPROVAL OF THE HARVEST PARK
PHASE H SUBDIVISION ON APPROXIMATELY 17 ACRES LOCATED
WI'T'HIN TIRE HARVEST PARK DEVELOPMENT, WEST OF
MONTEREY STREET AND NORTH AND SOUTH OF COHANSEY
AVENUE, APNS 79046-029 AND 030, THE JAMES GROUP, APPLICANT
WHEREAS, The James Group submitted application A/S -PUD 13 -26 requesting
architectural and site approval of a Planned Unit Development to construct fifty -seven (57)
residential lots ( "the Project ") on approximately 17 acres, on APN 7904)6 -029 and 030, located
west of Monterey Street and north and south of the future Cohansey Avenue extension; and
WHEREAS, the City Council directed staff to prepare a resolution approving a RDO
housing exemption, RDO HE 13 -02, for a project at this site on December 2, 2013; and
WHEREAS, the Planning Commission held a duly noticed public hearing on November
21, 2013 at which time the Planning Commission considered the public testimony, the staff report
dated November 21, 2013 ("Planning Commission Staff Report"), and all other documentation
related to application A/S 13 -26, and recommended that the City Council approve said application
with amendments to conditions 15 and 21, and the addition of conditions 22 and 23; and
WHEREAS, the City Council held a duly noticed public hearing on December 2, 2013,
and considered the public testimony, the Planning Commission Staff Report, a supplemental staff
report dated December 2, 2013 ("City Council Staff Report"), and all other documentation related
to application A/S 13 -26; and
WHEREAS, the City Council requested City Staff to prepare a resolution of approval for
the Project, incorporating all of the recommended condition changes proposed by the Planning
Commission and incorporating an additional change to condition 21; and
RESOLUTION NO. 2014-03
"r7
WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "), the City
Council considered an addendum to the negative declaration, prepared for the Project in
November 2013, and modified Mitigation Measure Number 27 to allow for a one -foot elevation
Increase above the existing ground level to mitigate potential flood risks, since the Council
determined that requiring a one -foot elevation increase is equivalent mitigation to requiring a
two-foot elevation increase; and
WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "), the City
Council determined that the "Harvest Park Annexation and Residential Subdivision Project
Negative Declaration," adopted in March 2007 with 41 mitigation measures that will substantially
lessen identified potential significant effects to a point where no significant impacts will occur, is
sufficient to address the environmental effects of the proposed project. The Project is thereby
determined to comply with CEQA requirements; 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 adopts the findings as required by Zoning Ordinance
Section 50.55 based upon substantial evidence in the entire record as summarized below:
1. The project 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 and the proposal meets or exceeds the development standards.
2. The project provides the type of development that will fill a specific need of the
surrounding area, in that a two housing types are proposed that will assist the city in meeting its
housing goals.
RESOLiTi'ION NO. 2014-03
3. The project will not require urban services beyond those that are currently
available, in that all such services are currently available at the subject property.
4. The project provides a harmonious, integrated plan that justifies exceptions, if such
are required, to the normal requirements of this ordinance, in that the project conforms to the
requirements of the "Neighborhood District Policy," which requires a harmonious and integrated
plan.
5. The project reflects an economical and efficient pattern of land uses, in that the
Land plan proposes a clustered compact development plan layout
6. The project includes greater provisions for landscaping and open space than would
generally be required, in that the proposed development includes greenways along Cohansey
Avenue and Church Street and the applicant will donate $50,000 to the City, which may be used
to fiord improvements to the park adjacent to Antonio del Buono School.
7. The project utilizes aesthetic design principles to create attractive buildings and
open space areas that blend with the character of surrounding areas.
8. The project will not create traffic congestion, noise, odor or other adverse effects
on surrounding areas, in that the project is designed so as not to create any traffic congestion,
noise, odor or other adverse effects on surrounding areas; and
9. The project provides adequate access, parking, landscaping, trash areas and
storage, as necessary.
SECTION II
Application A/S -PUD 13 -26 is hereby approved subject to the conditions of approval set
forth in Exhibit "A" attached hereto and entitled "A/S 13 -26 Harvest Park Final Conditions of
Approval ", and subject to the Mitigation Measures in the Mitigated Negative Declaration and the
Mitigation Monitoring Reporting Program attached hereto as Exhibit "B ".
SECTION III
This Resolution shall take effect only if, and upon the same date that Resolution 2014-02
takes effect approving Tentative Map application TM 13-06. If said Resolution does not take
effect, then this Resolution shall be null and void without further action by the City Council, and
RESOLUTION NO. 2014-03
4
application A/S 13 -26 shall be deemed denied
PASSED AND ADOPTED this 6d day of January, 2014 by the following roll call vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, LEROE- MUNOZ,
TUCKER, WOODWARD and GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: AULMAN
ATTEST:
Freels, City Clerk
IPOW 9---1 - Z
Donald Gage, Mayor
RESOLUTION NO. 2014-03
1
A/S 13 -26
Harvest Park
Final Conditions of Approval
PLANNING DIVISION CONDITIONS
1. Placement of mail box structures shall comply with the Post Office requirements and
shall be subject to the review and approval by the Post Office and the City Public
Works Department, prior to approval of improvement plans. If modifications to the
tentative map would then be required, the applicant will apply for a modification to
the tentative map.
2. Landscaping: The applicant shall landscape the front yards of each home. Detailed
landscaping plans including specifications for an irrigation system shall be approved
by the Planning Division in accordance with the adopted Consolidated Landscaping
Policy and Zoning Ordinance section 30.30.10 et. Sec., prior to issuance of a
building permit. The landscaping shall be continuously maintained in an orderly,
live, healthy, and relatively weed -free condition, in accordance with the adopted
Consolidated Landscaping Policy and the approved specific landscape plan.
3. The developer shall provide stucco window trim, shutters, and/or other architectural
amenities on the windows along the side and rear elevations on every home within
this subdivision.
4. All fences must meet the requirements of City Code Section 30.34.30.
5. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward
from the site toward any residential use or public right -of -way. This is subject to the
review and approval of the Planning Division.
6. Building colors shall be earth tones subject to the review and approval of the
Planning Division.
7. All two -car garages shall be 20 feet wide x 20 feet long, clear of any obstructions,
measunl from the interior of the garage, and clear of the area needed to
accommodate door swing.
8. Approval of A/S 13-26 is subject to the applicant receiving approval of Residential
Development Ordinance Housing Exemption application RDO HE 13-02 and
Tentative Map application TM 13-06.
9. This project shall conform to the plans prepared by Hanna Brunetti, dated October
2013 and Dahlin Group, dated September 13, 2013, and stamped "Approved,"
except as modified by the City Council's approval of this application and the
conditions of approval. The colors and materials shall conform to the colors and
materials board prepared by Dahlin Group and stamped °Approved° by the Planning
A/S 13-26
2
Division.
PLANNING DIVISION SPECIAL CONDITIONS
10. Install a minimum six (6) foot sound attenuation fence (at least 20 kilograms/square
meter) along all rear yards of those lots abutting Cohansey.
11. Landscaping in front of the sound- attenuating fence shall be installed concurrently
with the fence. Both the fence and landscaping shall be completed prior to building
permit final for homes adjacent to the fence.
12. The homeowners' association shall maintain the sound - attenuating fence and the
landscaping in front of the sound - attenuating fence.
13. The developer shall install a minimum six (6) foot high sound attenuation fence (at
least 20 kilograms1square meter) along all rear yards of those lots abutting
Cohansey.
14. The homeowners' association shall maintain all private parcels, alleys, and common
area landscaping within this subdivision.
15.The proposed wooden sound fences adjacent to roadways, whether public or
private, shall be decorative and constructed of a masonry material. Specifically, such
masonry walls shall be required for lots within the subdivision that back onto or are
siding onto a street. In addition, landscaping shall be placed between the masonry
walls/fences and the meandering sidewalk along Cohansey Avenue. The details of
such masonry walls and landscaping shall be provided by the applicant at the time of
public improvement plan submittal, and shall be to the satisfaction of the Planning
Manager.
16. The homes on lots 1 and 2 shall be set back at least 11 feet from the near yard
property line. The applicant shall amend the setback chart included in the project
staff report to document the final setbacks and ensure that homes are constructed in
compliance with the amended setbacks.
17. When horses on lots 43 through 57 have a rear yard setback of less than 15 feet,
trees with dense foliage shall be planted along the rear yards property line, such that
a visual screen is provided between these homes and the lots south of this site. The
tree size and species shall be included on the landscaping plan, and shall be subject
to review and approval by the Planning Division prior to building permit issuance.
18. The detention basins shall have a maximum slope of 3:1 and a maximum depth of 3
feet.
19. The developer shall provide the following amenities in this project:
(A) $50,000 contribution to the park adjacent to Del Buono School (see condition
A/S 13 -26
3
20 (A) for alternate uses of these funds);
(B) A piece of public art along Cohansey Avenue (see condition 20 (B) for
processing requirements);
(C) 60 -inch box oak trees along Cohansey Avenue, consistent with the
conceptual landscaping plan; and
(D) Photovoltaic (solar) systems on all homes within the subdivision.
20. The developer shall enter into an agreement with the City to:
(A) Donate $50,000 for the future City park located at the southeast comer of
Vickery Avenue and Wren Avenue. If the City determines that the $50,000
donation is not needed to complete park improvements at the site, the funds
shall be used for another public amenity as determined appropriate by the
City; and
(B) Install one piece of public art along Cohansey Avenue. Design and
installation of the public art shall be subject to the review of the City's Public
Arts Committee and approval by the City's Arts and Culture Commission.
21. The affordable components of the Harvest Park Phases I and II shall be finaled for
occupancy prior to the issuance of the building final of the twenty -first (21 st) unit of
Harvest Park Phase 11.
22.A11 roofs within this subdivision shall be tile material, and can include varying
designs, as appropriate for the building design.
23.The Planning Commission prefers that the design of arterial roadways, such as
Cohansey Avenue, include a landscaped median. As such, the applicant shall install
landscaping and irrigation in the median along Cohansey Avenue, if requested by
City Council. Staff shall present options and alternatives to the City Council for
consideration and approval as part of this architectural and site review application.
Mitigation Measures
The following MITIGATION MEASURES, which are contained within the applicable
environmental documents as discussed above, prepared pursuant to the California
Environmental Quality Act, and as modified based upon changes in applicable
regulations, are included as conditions of approval.
24. Subject to the review and approval of the Planning Division, new outdoor lighting
shall be directed onsite and designed and installed with shielding.
25. The project shall comply with applicable Gilroy General Plan policies and actions
and with the City's lighting Standards.
26. The project applicant shall specify in project plans the implementation of the
following dust control measures during grading and construction activities for the
proposes! project. The measures shall be implemented as necessary to adequately
control dust, subject to the review and approval by the City of Gilroy Engineering
A/S 13-26
4
Division. The following measures shall be implemented:
• Water all construction areas at least twice daily;
• Cover all trucks hauling soil, sand, and other loose materials;
• Apply clean gravel, water, or non-toxic soil stabilizers on all unpaved access roads,
parking areas and staging areas at constructions sites;
• Remove excess soils from paved access roads, parking areas and staging areas at
construction sites;
• Sweep streets daily (with mechanical 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 ten days or more);
• Enclose, cover, water twice daily, or apply non -toxic soil binders to exposed
stockpiles (dirt, sand, etc.);
• Limit traffic speeds on unpaved roads to 15 miles per hour,
• Install sandbags or other erosion control measures to prevent silt runoff to public
roadways;
• Replant vegetation in disturbed areas as soon as possible;
• Install wheel washers for all exiting trucks or wash off the tires or tracks of all trucks
and equipment leaving the construction site;
• Install wind breaks at the windward sides of the construction areas;
• Suspend excavation and grading activities when wind (as instantaneous gusts)
exceeds 25 miles per hour,
• The idling of all 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
for the project site;
• Use the minimum practical engine size for construction equipment; and
-Gasoline-powered equipment shall be equipped with catalytic converters, where
feasible
27. Focused plant surveys should be conducted for Hoover's button -celery in July and
legenere between April and June. If these species are not observed during the
focused surveys, they can be considered absent from the project site. If they are
observed, they should be mapped and impacts to the population(s) from the
proposed project quantified. If impacts are anticipated, a mitigation and monitoring
plan should be developed in consultation with CDFG that may include population
avoidance, seed collection and propagation, and/or other measures to minimize the
adverse impacts to the species.
28. If ground disturbance is scheduled to occur during the breeding bird season
(February 1 to August 1), a qualified biologist shall conduct pre - construction nesting
bird surveys within 30 days prior to the onset of any construction activity. If white -
tailed kite, loggerhead shrike, California homed lark, or any other bird species
A/S 13 -26
5
protected under the Migratory Bird Treaty Act and Fish and Game Codes are
observed nesting on or near the project site, an appropriate buffer zone shall be
established around all active nests to protect nesting adults and their young from
construction disturbance. Buffer zones shall be determined in consultation with
CDFG based on the site conditions and the species potentially impacted. Work
within the buffer zone should be postponed until all the young are fledged, as
determined by a qualified biologist. Currently, CDFG requests a 300 -foot buffer for
nesting raptors such as white- tailed kite, a 100 -foot buffer for special- status
passerines such as loggerhead shrike, and a 50 -foot buffer for all other native bird
nests (Johnston, pers. comm.). To accommodate nesting raptors, pre - construction
surveys should include all land within 300 feet of the edge of the site.
29.A qualified burrowing owl biologist shall conduct a burrowing owl pre-construction
survey within 30 days prior to initial ground disturbance or construction activity. The
qualified burrowing owl biologist shall survey the entire project site and a 250 -foot
buffer to determine presence or absence of the species.
(A) If burrowing owls are observed on the project site outside of the breeding
season, an experienced burrowing owl biologist may use passive
relocation to prevent take and ensue: burrowing owls are not present on
the project site for construction and grading activities. A qualified
burrowing owl biologist shall do all exclusionary device installation and
subsequent monitoring. Passive relocation should be performed in
consultation with CDFG.
(B) If burrowing owls are occupying the project site during the nesting season
(February 1 through August 1), nest burrows shall be avoided by setting
up a 250 -foot exclusion area around the nest burrow (CDFG 1995) and
CDFG shall be contacted for guidance. The active nest shall be monitored
to ensure construction activity does not disturb the nesting owls or cause
nest abandonment. Work within the buffer zone shall be postponed until
all the young are independent, as determined by a qualified biologist.
CDFG may require a detailed mitigation plan that includes passive
relocation after the young have fledged and maintenance of occupied
habitat ofisite in perpetuity.
30.A site assessment for CTS shall be performed according to current protocol, which
involves submitting specific information in a report to the USFWS ( USFWS and
CDFG 2003). Based on the results of the site assessment, the USFWS will
determine if the site may provide habitat for CTS and whether further surveys are
necessary. If the USFWS no longer considers the site to be appropriate for CTS,
then no further actions are required. If the USFWS requires focused surveys
according to protocol, two consecutive years of drift-fence studies are needed to
support a negative finding ( USFWS and CDFG 2003). If CTS are present, a take
permit must be acquired, which typically includes acquisition and management of
occupied CTS lands in perpetuity.
A/S 13-26
5
31. Within 14 to 30 days prior to construction, a qualified biologist shall conduct a
ground survey for American badger dens. If dens are present, the qualified biologist
shall determine if they are occupied by studying recent sign or monitoring for tracks
using den dusting techniques for three consecutive days. If active dens are present,
CDFG shall be contacted for permission to excavate and passively relocate the
badgers. Note that CDFG may not approve excavation of active natal dens, which
could be avoided by constructing in the late summer or fall under the direction of a
qualified biologist.
32.A jurisdictional wetland delineation shall be conducted, and verified by the Corps, to
determine the presence and extent of jurisdictional wetlands and other waters on the
project site. If jurisdictional areas are verified on the project site, and these will be
impacted by the proposed project, a Corps permit (and subsequent 401 certification)
would be required. In addition, if a bridge is built across Llagas Creek, and any
portion of the bridge falls within CDFG jurisdiction (e.g., below the top of bank of the
Creek), a Streambed Alteration Agreement would be required. Any impacts to
jurisdictional waters that may occur as a result of the proposed project would be
reduced to less than- significant levels by following the terms and conditions of the
Corps permit, 401 certification, and CDFG Streambed Alteration Agreement, if
required.
33. If prehistoric or historic period materials are discovered during grading or
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
(Gilroy General Plan Policy 5.07).
34. 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
A/S 13 -26
7
acceptable to the landowner.
35. The project applicant shall submit a soils investigation prepared by a qualified soils
engineer for the proposed project. The recommendations of the soils investigation
shall be incorporated into the final building plans, subject to the review and approval
by the City of Gilroy Engineering Division prior to approval of building permits.
36.The project applicant shall design all structures in accordance with the California
Building Code for seismic design. Foundation design should include the use of
structural mat or post - tension slab foundations, rather than conventional spread
footings. Structural design is subject to the review and approval by the City of Gilroy
Engineering Division prior to the issuance of building permits.
37.The applicant shall prepare an erosion and deposition control plan detailing
appropriate methods of erosion and deposition control during grading, construction,
and operation of the proposed project. The erosion and deposition control plan shall
be subject to review and approval by the City of Gilroy Engineering Division prior to
the issuance of building permits.
38.As required by General Plan Action 25.E, the applicant shall prepare a site- specific
soils report for the proposed project which includes laboratory testing of on -site soils
as well as design criteria for building foundations, basement walls, roads, and other
structures to mitigate impacts associated with expansive soils. The soils report shall
be subject to review and approval by the City of Gilroy Engineering Division prior to
issuance of building permits.
39.The project applicant shall prepare a detailed Flood Management and Mitigation
Plan (FMMP), subject to approval by the Santa Clara Valley Water District (SCVWD)
and the City of Gilroy.
40. Prior to issuance of a grading permit, the applicant shall submit a Notice of Intent to
the Central Coast Regional Water Quality Control Board to obtain a General
Construction Stormwater Permit for the project. A Storm Water Pollution Prevention
Program (SWPPP) shall be developed in compliance with this permit that achieves
the following four major objectives. The SWPPP shall also be submitted to the City
of Gilroy Engineering Division prior to issuance of a grading permit.
• Identify pollutant sources, including sources of sediment that may affect the
quality of storm water discharges from the construction site.
• Identify non -storm water discharges.
• Identify, construct, implement in accordance with a time schedule, and maintain
Best Management Practices (BMPs) to reduce or eliminate pollutants in storm
water discharges and authorized non -storm water discharges, from the
construction site during construction; and
• Identify, construct, and implement in accordance with a time schedule, and
assign maintenance responsibilities for post - construction BMPs. These
A/S 13 -26
8
measures would be installed and implemented during construction to reduce or
eliminate pollutants after construction is completed.
41.The first floor of all buildings shall be constructed a minimum of one foot B.F.E.
above existing ground level to reduce flood risks within Zone X designated areas.
42.The following language shall be included on all permits issued for this project,
subject to the review and approval of the Building Division: "All construction activities
shall be limited to weekdays between 7:00 a.m. and 7:00 p.m. and to Saturday
between 9:00 a.m. and 7:00 p.m. No construction is allowed on Sundays or City
Holidays."
43.All construction equipment engines shall be properly tuned and muffled according to
manufacturers' specifications.
44. Noise construction activities whose specific location on the site may be flexible (e.g.,
operation of compressors and generators, cement mixing, general trunk idling) shall
be conducted as far as possible from the nearest noise - sensitive land uses, and
natural and/or manmade barriers (e.g., intervening construction trailers) shall be
used to screen propagation of noise from such activities towards these land uses to
the maximum extent possible.
45.The use of those pieces of construction equipment or construction methods with the
greatest peak noise generation potential shall be minimized. Examples include the
use of drills and jackhammers.
46. Barriers such as plywood structures or flexible sound control curtains shall be
erected along the western edge of the site to minimize noise exposure to the
residential uses.
47. Fire Sprinkler systems shall be installed per NFPA 13D requirements. Systems are
subject to review and approval by the Fire Marshal.
48. Future residents shall be provided with disclosure regarding the potential for hazards
associated with agricultural uses, especially if livestock or agricultural uses are
allowed in the adjacent properties.
49. The project applicant shall disclose to potential home owners that elementary
students in their household might not attend the adjacent Antonio del Buono
Elementary School.
50. The project frontage on Monterey Road shall be designed such that sufficient right -
of-way is available for the future widening and addition of a bike/pedestrian trail on
Monterey Road, as specified in the City of Gilroy General Plan and the City of Gilroy
Trails Master Plan. Additionally, the project site design shall accommodate, as
necessary, the planned trail in the Llagas Creek Corridor.
A/S 13-26
9
51. The sidewalk on the east side of Wren Avenue shall be extended south to Antonio
del Buono Elementary School to facilitate pedestrian access between the school and
the project site.
52. The recommended turn pocket lengths for the Monterey /Cohansey intersection are
as follows: The eastbound left4um lane shall be at least 300 feet long, the
southbound right -turn lane shall be 100 feet long, and the northbound left turn
pocket shall be 100 to 125 feet long.
53.The radius of the horizontal curve on Church Street, south of Cohansey Avenue
shall be increased to at least 610 feet to comply with City street design standards.
54. The applicant shall provide parking in compliance with the Zoning Ordinance subject
to the review and approval of the Planning Division.
55.The project will provide accommodations for the proposed improvements on
Monterrey Road subject to the review and approval of these improvements.
EIRE DEPARTMENT CONDITIONS
These conditions shall be included as notes on the cover page of the construction
drawings submitted for building permit.
56. Single - family homes with a fenced yard shall have a gate that opens to a public way
(or to an open yard that leads to a public way).
57. Single- family homes with front doors that are accessed via a fenced or enclosed
courtyard shall have an operable latch from the house side to allow exiting to the
public way (or open yard to a public way).
58.An address shall be provided at building permit submittal. House numbers shall be
clearly visible from the street on which the home fronts.
59. Single - family homes shall be addressed from the street that the front door faces and
shall be visible from that street. If the house is recessed, obstructed, or at an angle
such that the front door is not visible from the street, an additional address sign shall
be provided that is visible from the street. All main address numbers shall be
illuminated a minimum of 2.5 inches in height with a 3/8 -inch stroke and placed to
read from left to right and/or top to bottom, and located at least 60 inches high,
measured from the ground.
60. Accessory and second dwelling units shall have an address that shall be visible from
the street. When the unit is not visible an address post shall be provided at the
stmt with all the addresses for the parcel. An illuminated address shall be on the
front door side of each unit and at a minimum of 60 inches high, measured from the
A/S 13 -26
10
ground.
61.Accessory and Second Dwelling units shall be provided a path of travel to the public
way that is a minimum of 36 inches wide. If gated off, a latch that is accessible from
the dwelling unit side shall be provided.
62. Egress Windows shall be provided on all sleeping rooms. A room that does not
have a clearly defined use such as a kitchen, closet, dining room, living/family room
or study shall be considered a sleeping room. Studies/libraries with closets shall be
treated as sleeping rooms. Storage rooms that are provided with windows, and
electrical outlets and are greater than 50 square feet may also be considered
sleeping rooms if attached to a dwelling unit.
63.AII residential structures shall be provided with residential fire sprinklers including
detached garages. To provide for adequate water flow, provide 1.5 -inch laterals
from the meter (1 inch) to the home. For alley loaded units provide 2 -inch lateral
from the meter (1 inch) as these units have long travel distances and will experience
flow loss. The City residential Fire Sprinkler Standards include
a. System to comply with NFPA 13D subject to inspection by the City.
b. Riser shall be installed in the garage unless alternate approved by the Fire
Mamhal
c. If the water supply to the home is not at the garage, a check valve shall be
supplied at the location of the tee from the domestic supply, water supply
from point of entry to the riser shall be approved fire sprinkler line.
d. All enclosed garages and attached carports shall be provided with
sprinkler protection.
e. At least one sprinkler of each type shall be present in the spare head box
at final.
f. An exterior belVhom shall be installed on the bedroom side of the home. A
horn device shall be provided for the interior living space.
g. Sprinkler CPVC piping in attic space shall be provided with adequate
insulation or be done with a copper riser.
h. Sprinkler coverage shall be provided underneath stairwells when used as
storage, closets or bathrooms (even if less than 55 square feet).
Concealed spaces used for storage in attics or crawl spaces that exceed
55 square feet in area and 6 feet in height, shall be provided with sprinkler
coverage.
A/S 13-26
MITIGATION MONITORING AND REPORTING PROGRAM — HARVEST PARK ANNEXATION AND RESIDENTIAL SUBDIVISION
PROJECT
January 2007
Impacts
Mitigation Measures
Timing of
Implementation
VerifOed
Im lementadon
Responsibility
for Com liance
x
A significant impact may occur
1 -1. Subject to the review and approval of
Prior to building final
Applicant
City of Gilroy
if there is non - compliance with
the Planning Division, new outdoor lighting
Planning
General Plan Policies 19.13,
shall be directed onsite and designed and
Division
19.14, 19.15,
installed with shielding.
and General Plan Action 19.G,
and the City's adopted Lighting
1 -2. The project shall comply with applicable
Standards that address
Gilroy General Plan policies and actions and
minimizing light and
with the City's Lighting Standards.
glare impacts which would
create a new source of
substantial light or glare, which
would adversely affect
day or night views in the area.
A significant air quality impact
3 -1. The project applicant shall specify in
Prior to Issuance of
Applicant
City of Gilroy
may occur if the project violates
project plans the implementation of the
Grading or Building
Engineering
any air quality standard or
following dust control measures during grading
Permit
Division
contributes substantially to an
and construction activities for the proposed
existing or projected air quality
project. The measures shall be implemented
violation.
as necessary to adequately control dust,
subject to the review and approval by the City
of Gilroy Engineering Division. The following
measures shall be implemented:
• Water all construction areas at least twice
daily;
• Cover all trucks hauling soil, sand, and other
loose materials;
• Apply clean gravel, water, or non -toxic soil
stabilizers on all unpaved access roads,
parking areas and staging areas at
instructions sites;
-
I�lI:Il:�rra
Page 1 of 12 Harvest Park Project
January 2007 Mitigation Monitoring and Reporting Program
:117.11 U
Page 2 of 12 Harvest Park Project
January 2007 Mftigadon Monitoring and Reporting Program
• Remove excess soils from paved access
roads, parking areas and staging areas at
construction sites;
• Sweep streets daily (with mechanical
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 ten days or more);
• Enclose, cover, water twice dally, or apply
non -toxic soil binders to exposed stockpiles
(dirt, sand, etc.);
• Limit traffic speeds on unpaved roads to 15
miles per hour,
• Install sandbags or other erosion control
measures to prevent silt runoff to public
roadways;
• Replant vegetation in disturbed areas as
soon as possible;
• Install wheel washers for all exiting trucks or
wash off the fires or tracks of all trucks and
equipment leaving the construction site;
• Install wind breaks at the windward sides of
the construction areas;
• Suspend excavation and grading activities
when wind (as instantaneous gusts) exceeds
25 miles per hour,
• The idling of all construction equipment shall
not exceed five minutes;
• Limit the hours of operation of heavy duty
equipment and /or the amount of equipment in
use;
• Ali equipment shall be properly tuned and
maintained in accordance with the
manufacturer's specifications;
• When feasible, aitemative fueled or electrical
construction equipment shall be used for the
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January 2007 Mftigadon Monitoring and Reporting Program
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January 2007 Mitigation A4onitoding and Reporting Program
project site;
• Use the minimum practical engine size for
construction equipment; and
Gasoline- powered equipment shall be
equipped with catalytic converters, where
feasible
A significant impact would
4-1. Focused plant surveys should be
Prior to Issuance of
Applicant
City of Gilroy
occur if a project has the
conducted for Hoover's button -celery in July
Grading or Building
Planning
potential to result in "taking" of
and legenere between April and June. If these
Permit
Division
a species listed, or proposed for
species are not observed during the focused
a listing, or a candidate for
surveys, they can be considered absent from
listing under the state and /or
the project site. If they are observed, they
federal Endangered Species
should be mapped and impacts to the
Act, or protected by the
population(s) from the proposed project
Migratory Bird Treaty Act
quantified. If impacts are anticipated, a
(META), or otherwise
mitigation and monitoring plan should be
considered to have a special
developed in consultation with CDFG that may
status in kcal plans, or to
include population avoldanoe, seed collection
substantially modify the habitat
and propagation, and /or other measures to
for such species.
minimize the adverse impacts to the species.
4 -2. if ground disturbance is scheduled to
occur during the breeding bird season
(February 1 to August 1), a qualified biologist
shall conduct pre - construction nesting bird
surveys within 30 days prior to the onset of any
construction activity. If white - tailed kith,
loggerhead shrike, California homed lark,
or any other bird species protected under the
Migratory Bind Treaty Act and Fish and Game
Codes are observed nesting on or near the
proJect site, an appropriate buffer zone shall be
established around all active nests to protect
nesting adults and their young from
construction disturbance. Buffer zones shall be
determined in consultation with CDFG based
on the site conditions and the species
potentially impacted. Work within the buffer
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January 2007 Mitigation A4onitoding and Reporting Program
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Page 4 of 12 Harvest Park Project
January 2007 Mftigation Monitoring and Reporting Program
zone should be postponed until all the young
are fledged, as determined by a qualified
biologist. Currently, CDFG requests a 300 -foot
buffer for nesting raptors such as white- tailed
kite, a 100 -foot buffer for special- status
passerines such as loggerhead shrike, and a
50 -foot buffer for all other native bird nests
(Johnston, pers. comm.). To accommodate
nesting raptors, pre-construction surveys
should include all land within 300 feet of the
edge of the site.
4 -3. A qualified burrowing owl biologist shall
conduct a burrowing owl pre - construction
survey within 30 days prior to initial ground
disturbance or construction activity. The
qualified burrowing owi biologist shall survey
the entire project site and a 250-foot buffer to
determine presence or absence of the species.
1) If burrowing owls are observed on the
project site outside of the breeding season, an
experienced burrowing owl biologist may use
passive relocation to prevent take and ensure
burrowing owls are not present on the project
site for construction and grading activities. A
qualified burrowing owl biologist shall do all
exclusionary device installation and
subsequent monitoring. Passive relocation
should be performed In consultation with
CDFG.
2) If burrowing owls are occupying the project
site during the nesting season (February 1
through August 1), nest burrows shall be
avoided by setting up a 250 -foot exclusion area
around the nest burrow (CDFG 1995) and
CDFG shall be contacted for guidance. The
active nest shall be monitored to ensure
construction activity does not disturb the
:11 0.11 :
Page 4 of 12 Harvest Park Project
January 2007 Mftigation Monitoring and Reporting Program
1 1 .,
Page 5 of 12 Harvest Park PtgOd
January 2007 Mitigation Monitoring and Reporting Program
nesting owls or cause nest abandonment.
Work within the buffer zone shall be postponed
until all the young are independent, as
determined by a qualified biologist. CDFG may
require a detailed mitigation plan that includes
passive relocation after the young have fledged
and maintenance of occupied habitat offsite in
perpetuity.
4-4. A site assessment for CTS shall be
performed according to current protocol, which
involves submitting specific information in a
report to the USFWS ( USFWS and CDFG
2003). Based on the results of the site
assessment, the USFWS will determine if the
site may provide habitat for CTS and whether
further surveys are necessary. if the USFWS
no longer considers the site to be appropriate
for CTS, then no further actions are required.
If the USFWS requires focused surveys
according to protocol, two consecutive years of
drift -fence studies are needed to support a
negative finding ( USFWS and CDFG 2003). If
CTS are present, a take permit must be
acquired, which typically includes acquisition
and management of occupied CTS lands in
perpetuity.
4-5. Within 14 to 30 days prior to construction,
a qualified biologist shall conduct a ground
survey for American badger dens. If dens are
present, the qualified biologist shall determine
if they are occupied by studying recent sign or
monitoring for tracks using den dusting
techniques for three consecutive days. If active
dens are present, CDFG shall be contacted for
permission to excavate and passively relocate
the badgers. Note that CDFG may not approve
1 1 .,
Page 5 of 12 Harvest Park PtgOd
January 2007 Mitigation Monitoring and Reporting Program
1'
Page 6 of 12 Harvest Park Project
January 2007 Mitigation Monitoring and Repor ng Program
excavation of active natal dens, which could be
avoided by constructing in the late summer or
fall under the direction of a qualified biologist.
A significant impact would
4-6. A jurisdictional wetland delineation shall
Prior to Issuance of
Applicant
City of Gilroy
occur if the project had the
be conducted, and verified by the Corps, to
Grading Permit
Planning
potential to adversely affect
determine the presence and extent of
Divisions
riparian habitat, native
Jurisdictional wetlands and other waters on the
grass land, oak woodland, or
project site. If jurisdictional areas are verified
other sensitive natural
on the project site, and these will be impacted
community identified in local or
by the proposed project, a Corps permit (and
regional plans, policies, or
subsequent 401 certification) would be
regulations.
required. In addition, if a bridge is built across
Uagas Creek, and any portion of the bridge
falls within CDFG jurisdiction (e.g., below the
top of bank of the Creek), a Streambed
Alteration Agreement would be required. Any
Impacts to jurisdictional waters that may occur
as a result of the proposed project would be
reduced to less -then- significant levels by
following the terms and conditions of the Corps
permit, 401 certification, and CDFG Streembed
Alteration Agreement, If required.
A significant impact would
5 -1. If prehistoric or historic period materials
A Note Shall be
Applicant
City of Gilroy
occur if the project caused a
are discovered during grading or construction,
Placed on the Plans
Planning and
substantial adverse change in
work shall be halted within 50 meters (165 feet)
Prior to Issuance of
Engineering
the significance of an
of the find until a qualified professional
Grading or Building
Divisions
archaeological resource
archaeologist can evaluate it. If the find Is
Permit
determined to be significant, appropriate
mitigation measures shall be formulated and
Implemented (Gilroy General Plan Poll 5.07).
A significant impact would
5-2. If human remains are found during
A Note Shall be
Applicant
City of Gilroy
occur if the project disturbed
construction there shall be no further
Placed on the Plans
Planning
any human remains.
excavation or disturbance of the site or any
Prior to Issuance of
Division
nearby area reasonably suspected to overlie
Grading or Building
adjacent human remains until the coroner of
Permit
Santa Clara County is contacted to determine
that no investigation of the cause of death
is required. If the coroner determines the
1'
Page 6 of 12 Harvest Park Project
January 2007 Mitigation Monitoring and Repor ng Program
11:31 :
Page 7 of 12 Harvest Park Project
January 2007 Mitigation Monitoring and Reporting Program
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 It a) the
Native American Heritage Commission is
unable to identity 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.
A significant impact would
6-1. The project applicant shall submit a soils
Prior to Issuance of
Applicant
City of Gilroy
occur if the project site is
investigation prepared by a qualified soils
Building Permit
Building Division
subject to strong seismic
engineer for the proposed project. The
ground shaking.
recommendations of the soils investigation
shall be incorporated into the final building
plans, subject to the review and approval by
the City of Gilroy Engineering Division prior to
approval of building permits.
11:31 :
Page 7 of 12 Harvest Park Project
January 2007 Mitigation Monitoring and Reporting Program
I
Page 8 of 12 Ha►vest Park Project
January 2007 Mitigation Monitoring and Reporting Program
6 -2. The project applicant shall design all
structures in accordance with the California
Building Code for seismic design. Foundation
design should include the use of structural mat
or post- tension stab foundations, rather than
conventional spread footings. Structural design
is subject to the review and approval by the
City of Gilroy Engineering Division prior to the
issuance of building permits.
A significant impact would
6 -3. The applicant shall prepare an erosion and
Prior to Issuance of
Applicant
City of Gilroy
occur if the project resulted in
deposition control plan detailing appropriate
Grading or Building
Engineering and
substantial soil erosion or the
methods of erosion and deposition control
Permits
Building
loss of topsoil.
during grading, construction, and operation of
Divisions
the proposed project. The erosion and
deposition control plan shall be subject to
review and approval by the City of Gilroy
Engineering Division prior to the issuance of
building permits.
A significant impact would
6 -4. As required by General Plan Action 25.E,
Prior to Issuance of
Applicant
City of Gilroy
occur if the project Is located on
the applicant shall prepare a site - specific soils
Building Permit
Building Division
slopes greater than 10 percent
report for the proposed project which includes
and in areas with highly
laboratory testing of on -site soils as well as
expansive soils.
design criteria for building foundations,
basement walls, roads, and other structures to
mitigate impacts associated with expansive
soils. The soils report shall be subject to review
and approval by the City of Gilroy Engineering
Division prior to issuance of building its.
A significant impact may occur
8 -1. The project applicant shall prepare a
Prior to Issuance of
Applicant
City of Gilroy
if the project altered the natural
detailed Flood Management and Mitigation
Grading Permit
Engineering
drainage, including small
Plan (FMMP), subject to approval by the Santa
Division
canyons and seasonal creeks,
Clara Valley Water District (SCVWD) and the
or substantially increases the
City of Gilroy.
rate or amount of surface runoff
in a manner that would result
In on- or off -site flooding.
I
Page 8 of 12 Ha►vest Park Project
January 2007 Mitigation Monitoring and Reporting Program
Page 8 of 12 Harvest Pads Prq*d
January 2007 Mitigation Monitodng and Reporting Program
Implementation of the proposed
8 -2. Prior to issuance of a grading permit, the
Prior to Issuance of
Applicant
City of Gilroy
project would result in an
applicant shall submit a Notice of Intent to the
Grading Permit
Engineering
Increase in impermeable
Central Coast Regional Water Quality Control
Division
surface on the project site.
Board to obtain a General Construction
Stormwater Permit for the project. A Storm
Water Pollution Prevention Program (SWPPP)
shall be developed in compliance with this
permit that achieves the following four major
objectives. The SWPPP shall also be
submitted to the City of Gilroy Engineering
Division prior to issuance of a grading permit.
'
- Identify pollutant sources, including sources
of sediment that may affect the quality of storm
water discharges from the construction site.
- Identify non -storm water discharges.
- Identify, construct, implement in accordance
with a time schedule, and maintain Best
Management Practices (BMPs) to reduce or
eliminate pollutants in storm water discharges
and authorized non -storm water discharges,
from the construction site during construction;
and
- Identify, construct, and implement in
accordance with a time schedule, and assign
maintenance responsibilities for post -
construction BMPs. These measures would be
installed and implemented during construction
to reduce or eliminate pollutants after
construction Is completed.
A significant Impact would
8-3. The first floor of all buildings shall be
Prior to Issuance of
Applicant
City of Gilroy
occur if the project is
constructed a minimum of We fee one
Building Permit
Building Division
Inconsistent with the City of
B•F,E• above existing ground level to reduce
Gilroy Flood Control Ordinance
flood risks within Zone X designated areas.
and would place housing within
a 100 -year flood hazard area as
ma on Federal Flood
Page 8 of 12 Harvest Pads Prq*d
January 2007 Mitigation Monitodng and Reporting Program
Hazard Boundary or Flood
Insurance Rate Map or other
flood hazard delineation map.
A significant impact may occur
11 -1. The following language shall be included
Prior to Issuance of
Applicant
City of Gilroy
if the project exceeds
on all permits issued for this project, subject to
Grading or Building
Engineering and
permissible maximum outdoor
the review and approval of the Building
Permit
Building
and indoor noise levels
Division: "AII constriction activities shall be
Divisions
adopted in General Plan Policy
limited to weekdays between 7:00 a.m. and
26.02, Figure 8-3.
7:00 p.m. and to Saturday between 9 :00 a.m.
and 7:00 p.m. No construction is allowed on
Sundays or City Holidays.*
11 -2. All construction equipment engines shall
be properly tuned and muffled according to
manufacturers' specifications.
11 -3. Noise construction activities whose
specific location on the site may be flexible
(e.g., operation of compressors and
generators, cement mixing, general truck
Idling) shall be conducted as far as possible
from the nearest noise - sensitive land uses, and
natural and/or manmade barriers (e.g.,
intervening construction trailers) shall be used
to screen propagation of noise from such
activities towards these land uses to the
maximum extent possible.
11-4. The use of those pieces of construction
equipment or construction methods with the
greatest peak noise generation potential shall
be minimized. Examples include the use of
drills and jackhammers.
11 -5. Barriers such as plywood structures or
flexible sound control curtains shall be erected
along the western edge of the site to minimize
noise exposure to the residential uses.
A significant impact may occur
13-1. Fire Sprinkler systems shall be installed
Prior to Issuance of
Applicant
City of Gilroy
If the project would require
per NFPA 13D requirements. Systems are
Building Permit
Fire and
physical changes (new or
subject to review and approval by the Fire
Building
altered facilities ) to ensure
Marshal.
Divisions
January 2007
11 0 '
Page 10 of 12 Harvest Park Project
MhVetion Monitoring and Reporting Program
average emergency response
time of less than 4.0 minutes.
A significant impact may occur
13 -2. Future residents shall be provided with
Prior to Issuance of
Applicant
City of Gilroy
if the project would require
disclosure regarding the potential for hazards
Building Permit
Fire and
physical changes (new or
associated with agricultural uses, especially if
Building
altered facilities) to ensure
livestock or agricultural uses are allowed in the
Divisions
average emergency response
adjacent properties.
time of less than 4.0 minutes.
A significant impact may occur
13-3. The project applicant shall disclose to
Prior to Issuance of
Applicant
City of Gilroy
if the project would require
potential home owners that elementary
Building Permit
Planning
physical changes (new or
students in their household might not attend
Division
altered facilities) for public
the adjacent Antonio del Buono Elementary
schools.
School.
A significant impact may occur
14 -1. The project frontage on Monterey Road
Prior to Approval of
Applicant
City of Gilroy
If the project substantially
shall be designed such that sufficient right -of-
Improvement plans
Engineering
increases hazards due to a
way is available for the future widening and
Division
design feature (e.g.,
addition of a bike/pedestrian trail on Monterey
sharp curves or dangerous
Road, as specified in the City of Gilroy General
intersections) or incompatible
Plan and the City of Gilroy Trails Master Plan.
uses (e.g., farm equipment).
Additionally, the project site design shall
accommodate, as necessary, the planned trail
in the I-lagas Creek Corridor.
14 -2. The sidewalk on the east side of Wren
Avenue shall be extended south to Antonio del
Buono Elementary School to facilitate
pedestrian access between the school and the
project site.
14 -3. The recommended turn pocket lengths
for the Monterey /Cohansey intersection are as
follows: The eastbound left -turn lane shall be at
least 300 feet long, the southbound right -turn
lane shall be 100 feet long, and the northbound
left -turn pocket shall be 100 to 125 feet long.
14-4. The radius of the horizontal curve on
Church Street south of Cohansey Avenue
Page 11 of 12 Harvest Paik Project
January 2007 Mftigation Monitoring and Reporting Program
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Page 12 of 12 Harvest Park PmJect
January 2007 Vffigadon Monitoring and ReporUng Program
shall be increased to at least 610 feet to
comply with City street design standards.
A significant impact may occur
14 -5. The applicant shall provide parking in
Prior to Approval of
Applicant
City of Gilroy
if the project results in
compliance with the Zoning Ordinance subject
Improvement plans
Planning
inadequate parking capacity.
to the review and approval of the Planning
Division
Division.
A significant impact may occur
14 -9. The project will provide accommodations
Prior to Approval of
Applicant
City of Gilroy
if the project does not provide
for the proposed improvements on Monterrey
Improvement plans
Planning
accommodation for the
Road subject to the review and approval of
Division
proposed Monterey Road
these improvements.
improvements.
I W11: ' s
Page 12 of 12 Harvest Park PmJect
January 2007 Vffigadon Monitoring and ReporUng Program
RESOLUTION NO. 2014-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY REVISING CONDITION OF APPROVAL
NUMBER 21 FOR ARCHITECTURAL & SITE REVIEW
APPLICATION AS 13-26 FOR THE HARVEST PARK
RESIDENTIAL PROJECT PHASE H
WHEREAS, on September 19, 2013, The James Group, submitted an architecture and
site review application ( "AS 13 -26") for planned unit development review of the 57 -lot Harvest
Park Phase II single - family subdivision; and
WHEREAS, the subject property is located west of Monterey Street, and north and south
of Cohansey Avenue (APN 790-06 -029 and 030); and
WHEREAS, on January 6, 2014, the City Council approved A/S -PUD 13 -26 and
adopted Resolution No.. 2014-03, which is attached hereto as Exhibit "A" and incorporated
herein by this reference; and
WHEREAS, Resolution No. 2014 -03 contained 63 Conditions of Approval; and
WHEREAS, Resolution No. 2014 -03 contained Condition of Approval Number 21
("Condition 21 "), as stated below:
Condition #21:
The affordable components of Harvest Park Phases I and II shall be finaled for occupancy
prior to the issuance of the building final of the twenty -first (21st) unit of Harvest Park
Phase H.
and;
WHEREAS, Dennis Lalor of South County Housing requested a modification to
Condition 21 because he stated that it was infeasible to obtain financing for Harvest Park Phase
II with the current language; and
RESOLUTION NO. 2014-60
4834-2339-9712x2
JM47
2
WHEREAS, the City Council held a duly noticed public hearing on November 17, 2014,
and considered public testimony, the Staff Report, and other documentation related to South
County Housing's Request to modify Condition 21; and
WHEREAS, the City Council of the City of Gilroy has considered the proposed
modification to Condition 21 in accordance with the Gilroy Zoning Ordinance, and other
applicable standards and regulations.
NOW, THEREFORE, BE IT RESOLVED THAT:
SECTION I
The City Council hereby modifies Condition 21 of Resolution No. 2014 -03 to read as
follows:
Condition #21:
Prior to obtaining occupancy final on the 21 st market -rate single family dwelling unit and
prior to building permit issuance of market -rate units 22 through 57, the developer shall
comply with the following requirements:
1. With respect to 32 deed restricted, for -sale townhomes on the 2-acre parcel (final
map lot 92 of Harvest Park phase 1), the developer shall have started construction and
poured all foundations; half of the units shall be constructed to the point of the framing
inspection (i.e. the mechanical, electrical, plumbing, roof shear and framing prior to
insulation and sheetrock shall be complete).
And
2. The developer of the affordable apartment project on the 3 -acre parcel in Harvest
Park phase 11 (tentative map parcel H) shall complete the following:
4834ZWVIW
JHV6470M
a. Record a City of Gilroy deed restriction that restricts 100% of the units
(less the manager's unit) to tenants with incomes less than 60% of area median
income;
b. Record a construction loan financed with tax exempt bonds (allocated by
the California Debt Limit Allocation Committee, or other such bonafide tax
exempt bond financing authority or entity);
RESOLUTION NO. 2014-0
3
C. Obtain a reservation of low income housing tax credits from the California
Tax Credit Allocation Committee and sign a partnership agreement with the
limited partner investor who will have funded at least 15% of its equity
investment,
d. Obtain building permits; and
Sign a construction contract and issue a notice to proceed to the general
contractor.
SECTION II
The City Council of the City of Gilroy only modified Condition 21 of Resolution No.
2014 -03, as stated above. All other terms and conditions of Resolution 2014 -03 and A -S/PUD
13 -26 remain in full force and effect.
PASSED AND ADOPTED by the City Council of the City of Gilroy on this lst day of
December. 2014 by the following roll call vote:
AYES: COUNCILMEMBERS: ARELLANO, AULMAN, BRACCO,
LEROE- MUNOZ, TUCKER,
WOODWARD and GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
l
Donald Gage, Mayor
4834- 2339- 9712v2
N04706089
RESOLUTION NO. 2014-60
1 EXHIBIT A
RESOLU'T'ION NO. 2014-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING A/S -PUD 13-26, AN APPLICATION FOR
ARCHITECTURAL AND SITE APPROVAL OF THE 13ARVEST PARK
PHASE g SUBDIVISION ON APPROXIMATELY 17 ACRES LOCATED
�
•rsB[[N THE HARVEST PARK DEVELOPMENT, NEST OF
MONTEREY STREET AND NORTH ANi) SOUTH OF CORAINSEY
.VENUE, APNS 790-06-029 AND 030, THE JAMES GROUP, APPLICANT
WHEREAS, The James Crroup submitted application A/.S -PU-D 13 -26 requesting
� !t�,�'}� .... t .7 :ate .� 1 �' 1)�nwe,. T '+ �. elnww+ + }n
UcWtcoalw "L4" 51;z ul'ipm V all of a a aa- .nnzra�i nit ✓v i _0r_ ia=1 w
residential lots ( "the Project ") on approximately 17 acres, on APN 790 - 06-029 and 030, located
west of Mon=cy Su-cei and north and so-wu of the awtuc Co - ' y Aveni a "tansion; aad
Rfi C_ tl,P City CAIiTi(M1 dtrtX`tPll, $tiff to rifware a recc)1.ukiOn apployiF� S RDO
WNF_ .—A -
housing exemption,. RDO HE 13-02, for a project at this site on December 2, 2013; and
WHEREAS, the Planning Commission held a duly noticed public hearing on. November
21, 2013 at which time the Planning Commission considered the public te9timony, the staff report
dated November 21, 2013 ( "Planning Commission Staff Report "),. and all other docutnontation
related to aunlication A/S 11 -76. and recommended that the Citv Council approve said application
with amendments to conditions 15 and 21, and the addition of conditions 22 and 23; and
WHEREAS, the City Council held a duly noticed public hearing on Pec r-nbeg 2, 2013,
and considered the public testimony, the Planning Commission Staff Report, a supplemental staff
report dated December 2, 2013 . ("City Council Staff Report "), and all other documentation related
to avolication A/S 13 -26; and
WHEREAS, - the City Council requested City Staff to. prepare a resolution of approval for
the Project, incorporating all of the recommended condition changes proposed by the Planning
io Ji 'wi.AT'}��wi/�iw - ? iiiiid"n9T c a o e Mri o—i 7 • a
v�a'itiaiJSaUri 3:.0 1uvv.i. .....a {� u� P►.r.-.wv..:.. �. t� .a. -.�Q� _1i c... .
RESOLXTION NO-. 2014-03
Item VI.E. - Resolution A/S 13-26 Harvest Park
2
EXHIBIT A
WHEREAS, pursuant to the California Envtobtowtfil Quality Act ("CEQA"), the City
Council considered an addendum to the: negative de*retion, prepared for the Project in
November 2013, and modified Mitigation Men= Number 27 to allow for a one-foot elevation
In== above the existing ground level to mitigate Potential flood ri". since the C6d6cil
roqaking
determined that requiring a one -foot elevation i=ww is equivalent mt'ggdm to a
two -foot elevation increase; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA "); the City
Comcil determined that the "Harvest Park Annexation and Residential Subdivision Project
Negative Declaration," adopted. in March 2007 with 41 mitigation measures that will substantially
lessen identified potential significant effects to a point where no significant impacts will occur, is
eff--&- of the prorpoSed pmject- The Proiect is thereby
cmif R ^i tal
w. address •t-ht cn-ir-C.-MYr.2-n
determined to comply with CEQA requirements; and
WHEREAS, the location and custodian of the documents or other materials which
consh"c th upon d-d approval is based, is the office of the
-e record zof proceedings n which s Project appro
City V r Clerk-
NCf _ W _ _F - 1— RES-1 7 =�
%JL' AJ JL KL^ JL
SECTION I
. The City Council hereby adopts the Eindings - as required by Zoning Ordinance
Section 5055 based upon substantial evidence in the entin record as summarized below:
1. 'The project conforms to the Gilroy Gcftcttl 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 and the proposal MCM Or exceeds the development standards:
2. 'The project provides the type of development that will fin a specific need. of the
surrounding area, in that a two housing tY1= we proposed that will assist the city in meeting its
housing gods.
RESOLuTION No. 2014-03
Item VI.E. - Resolution 4 S. 13-26
EXHIBIT A
3. The project will not require urban services beyond those that. are csuready
available, in that all such services are currently available at the subject property.
4. The project provides a harmonious, integ mW. plan that justifies exc Mdor s, if such
are required, to the normal requirements of this ordinance, is that the project confirms to the
raquire�meats of the "Neighborhood District Policy," which requires a harmonious and integrated
Plan.
5. The project reflects an economical and efficient pattern of land uses, in that the
land plan proposes a clustered compact development plan layout.
6. The project includes greaw Provisions. for landscaping and open -space *xi would
generally be required, in that the proposed development includes greenways along Cohansey
Avenue and Church Street and the applicant will donate 550;000 to the City, which may be used
to fiord improvements to the park adjacent to Antonio del Buono School.
7. The project utilizes' aesthetic design principles to create attractive buildings and
open space areas that blend with the character of surrounding areas.
8. The project will not create traffic congestion, noise, odor or other adverse effects
on surrounding areas, in that the project is designed so as not to create any traffiic congestion,
noise, odor or other adverse effects on surrounding areas; and
9. The project provides adequate access, parking, landscaping, trash areas and
storage, as necessary.
SECTION H
Application A/S -PUD 13 -26 is hereby approved subject to the oonditiopa of approval set
forth in Exhibit "A" attached hereto and entitled. "A/S 13-26 Harvest Park Final Conditions of
Approval ", and subject to the Mitigation Measures in the Mitigated Negative Declaration and the
Mitigation Monitoring Reporting Program attached hereto as Exhibit W.
SECTION III
This Resolution shall take effect only 4 and upon the same date that Resolution 2014-02,
takes effect approving Tentative Map application TM 13-06. If said Resolution does not take
effect, then this Resolution shall be null and void without further action by the City Council, and
RESOLUTION NO. 2014-03
Item VI.E. - Resolution A/S 13-26 Harvest Park
4
EXHIBIT A
application A/S 13 -26 shall be deemed denied.
PASSED AND ADOPTED this a day of January, 2014 by the following roll call vote:
AYES: COUNMA01,1BERS: ARELLANO, BRACCO, ' LEROE-MLTAOZ,
TUCKER, WOODWARD and GAGE
NOES: COUNC -HA EMBERS: NONE
ABSENT: COUNCH MEMBERS: AULMAN
APPROVED:
Donald Gage, Mayor
ATTEST:
Shawn Freels, City Clerk
RESOLUTION NO. 2014-03
Item VI.E. - Resolution A/S 13-26 Harvest Park
1
A/S 13-26
Harvest Park
Final Conditions of Approval
PLANNING INlIG DIVISION CONDITIONS
1. Placement of mail box structures shall comply with the Post Office require merits and
"I be subject to the review and approval by the Post Office and the City Public
Works Department, prior to approval of improvement plans. V modffications to the
tentative map would then be required, the applicant will apply for a modification to
the tentative map.
2. Landscaping: The applicant shall landscape the front yards of each home. Detailed
!Mndscaping plans including spedficatiorw for an irfige0on system shall be approved
b; tie P!a„ning Division in accordance with the adopted Consolidated Landscaping
Policy and Zoning Ordinance section 30.30.10 et. Sec., prior to issuance of a
builvi ng pee.i , ift. t tar a tta�;cl� nit ty at tau to confi uousiy . %ais�u ii�ea k i3n Ordedy/,
u*G, ::caM:y U ictauVCiy VVVCU- theft LllcltJtt:LJtt, tt7 duwMance WIUI Lntr aQOp>ea.
Consolidated Landscaping Policy and the approved specific landscape plan.
S. Tito deveitiper snail provioe stucco window vim, stutters, and/or other arctiltedurai
amenities on the windows along the side and rear, elevations on every home within
IfiiS subdivision.
4.. A I fences must meet the requirements of City Code Section 30.34.30.
5. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward
from the site toward anv residential use or public right -of -way. This is subiect to the
review and approval of the Plannina Division.
6. Buildina colors shall be earth tm.es subiect to the reyleW anti annmval of the
Planhlr n 171M. inn.
7. All twn- e-`.Ar garenas ft-hell be 20 %4t 1_0de x 20 faaf H�+n Itoe� �f em• i►C+clw.wiiww..
0� �. � � ..�, V.VM. V. YIIJ VV�M YVMV. Mil
M ea C. trpr fmm this intarinr of +hm naranp ., ant, # -Ism 1► • of ♦t.4 afnoo ... �.+.••+ +-.
accommodate door swing.
R annrmpal of 0/C Va-019 is n.1WOW4 n b �
-- .,.r... �. � .v sV ... Yv...1. w a.v. iwar�+..va..a I�csw.•. or!/IVYa! VI 1`1C.7fllGllllal
Development .Ordinance Housing Exemption application RDO HE 13-02 and
Ta..w�ii� BAww I:wwa:�_ A9
Tai n4a
wl. as.ve.aw e a VVe a rtru.
9. This project shall conform to the plans prepared by Hanna Brunetti, dated October
2.0 to and Da—hiin Group, dated September ;o4, 2-M, and stampeed `Approved,
uxt:roWi as rr,udii,ea by if, ®. 4iy iouncii`s approval oT tnis application and the
conditions of approval. The colors and materials shall conform to the colors and
,materials board prepared by Dahlin Group ard.stamped `Approved' by the Planning
A/S 13-26
Item VI.E. - Resolution A/S 13-26 Harvest Park
2
Division.
PLANNING DIVISION SPECIAL CONDIMINS'
10. Install a minimum six (0) foot sound attenuation fence (at least 20 Idlograms/square
meter) along all rear yards of those kft• abutting -Cohansey.
11. Landscaping in front of the sound-attenuaft ferme, shalt be Installed concurrently
with the fence. Both the -fence and landscaping shall be completed prior to building
permit final for homes adjacent'to the fence.
12. The homeowners! association shall maintain ft soUnd-attenuating fence and the
landscaping in front of the sound - attenuating fence.
.1-3. The developer- shall install a minimum six (0) foot high sound attenuation fence (at
least 20 Idlograms/square meter) along all rear yards of Omm kft abutting
Cohansey.
14. The horheownem' association shalt maintain all private * parcels, alleys, and common
area landscaping - within this subdivision.
15.The proposed wooden sound fences adjacent. to roadways, whether public or
vrhmtfa; sihall.1 be decorative and constructed of a masonry material- Specifically, such
--tham"! ist'S F qu'red for lots within the subdivision that back onto -or are
z-,, landscaping shall e -placed between the masonry
a %reet. In addition, landscapi b
-wail W-ret iivz.ai ri Hie meandering sidewaik aiong Coh.ansey Avenue. The details of
01 Miii ►-- VJVVkUVU.WY U IV CIPJAMMOLIUM Ulu Uri= U1
Usta -19
16% Fol"48 ULO arwas, 435&%A 0#143" Lo U a sa" cWr, 61 Lit rid,
Manager.
J S �-Cx a, 118SW& I 1 1
A. &OUL IAUI-93 use rear yatu
properry jine-. i he applicant shaii amenct ts4itbaa chart included in the proiect
Lliv iinai slazDai;ks to ertsufe Vcai hurne-5 are con*su-tictedin
U U.-i P 4d an vit, h. - lu'h a a U189 nAlou Oatua%.No.
v ImAvw GA Mcal Ycltl-%.!& aaMaCK 01 ;ass Maill lizi 116614
draime 1 --merge shaii be plan= ali.ng.m- a raar yards propervy i1na, such that
a Visuai screen is provided between these nomes; and the Jots south of this site. The
u i �tarb wt iv' OFW%AOO 01 "*JID6 inciucisa Ore Me iareascapiri-I U- pian. and shaii be subo aw
to review and approval t)y the Planning Division Ofior to building permit issuance.
AvOn rn d L%t� 'a
16. i tie deiOnLiu- n Wsihs sh'a H 'nave a maximum swo ne of -3- 1 anal s_% rp Li -e
of
feet
19. The developer shall provide the foilovAnn arne!Ifts in this prole&.:
/A% tan fvv% 1%6 W90%0% th-^. MMW- 171M, fth;nnn, 4z.�h.-.rd fra'aa
M. k
A/S 13-26
Item VI.E. - ResolutionA/S 13-26 Harvest Park
3
20 (A) for altemate uses of those funds);
(B) A piece of public art along Cohansey Avenue (see condition 20 (B) I&
proeinsing requiremmft);
(C) 60-Inch box oak trees along - Cohansey Avenue, consistent with the
conceptual landscaping plan; and
(D) Photovoltaic (solar) systems on all homes within the subdivision.
20.The developer shall enter Into an agreement with the City to:
(A) Donate $60,000 for the future City park located at the southeast comer of
Vickery 'Avenue and Wren Avenue. If the City determines that "'$50.000
donation Is not needed to complete park Improvements at the site, to funds
shall be used for another OuOld amenity as determined appropriate by the
City; and
ore piece of public art along Cohansey Avenue. Design and
subject to the review of the Gig's Public
Ants Committee and approval by the Cfty-s Arts and Culture Commission.
SUN ?r1=J1 Low SIN/=1¢!A VVI
VW. %;y i;. ;.L; L; Urar
"da U";iQ;rQV M-sai GA, Use r"my-1-fro-4, izim L OT
Harvest, Park Phase ii.
L
designs, gs approprialefor Ole building design.
Azi 4uuh, irea i4ppii.cal—IL wiaii inswil
landscaping and irrigation in the median along Cohansey Avenue.. if requested by
WWAIS *MWAII PEW043MIL WFUV114 0111J 4X4LG1.11(2UVC;b LU Ulu 'Lolly %AJU1-K;11 Ivy
UUF1U;UUFaz;Gn ai-AU applMV-0i. as Pail W zillis arGlililfe Clurai al-W site review appiication.
lluwqua-4il MWdlaufftf—a
i roe f0iiawing iii hail T iQN MEASURES, which are contained within the applicable
environmental documents as discussed above, prepared Dursuartt to the C(31tfbrhia
Erivironmentai OuMi'tV ACF*. And aq MOMMMIM MIWA llmnn rftm"n
regulations, are included as conditions of approval.
'24. Subject to the review and approval of the Plamft PMsioh. new ouWwr lighthng
shed be directed onsite and de-sioned and lh�.Mlnd with --hir-'r_'. nn
25.The project shall comply with applicable Gilroy General Plan policies and actions
26. The project applicant shall specify- in project plans the- implementation of tare
-5 -1U gra -afid consbudion ecoMes for the
UU*L %.V1 1U V1 rt lGaSUM U I Irv" U1119
pi-oposea project. I ne measures shall be implemented as necessary to adequately
control dust, subject to the review and approval by the City of Gilrov Enalneerina
4
Division. The following measures shall be implemented:
• Water all construction areas at least twice daily;
• Cover all trucks hauling soil, sand, and other loose materials;
° Apply clean gravel, water, or non -toxic $611 sterbilb*rs on all unpaved access roads,
parking areas and staging areas at consiuEtlons sites;
° Remove excess soils from paved access roads, parking areas and staging areas at
construction sites; .
• Sweep streets- daily (with mechanical sweeoft) if visible soil material Is carried
onto adjacent public streets;
• Hydr+oseed or apply non-toxic soil stabilizes to inactive construction areas
(previously graded areas inactive for ten days or more);
134alose, cover, water twice dally, or apply-non-toxic soil binders to exposed
stockpiles (dirt, sand, etc.);
• Limit traffic speeds on unpaved roads-to 15 miles per hour;
° Ihstall sandbags or other erosion control. measures to prevent sit runoff to public
roadways;
• Replant vegetation in disturbed areas as soon as possible;
• Install wheel washers for all exiting trucks or wash off the tires or tracks of all trucks
and equipment leaving the construction site;
Install wind breaks at the windward sides of the construction areas;
• Suspend excavation and .grading activities when wind (as Instantaneous gusts)
exceeds 25 mites per hour,.
• The idling of all consb:- uciion equipment snail not exceed %1a 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
toanufacturees specifications;
• When feasible, alternative fueled or electrical construction equipment shall be used
for the project site;
• Use the minimum practical engine size for constnieWh equipment; and
•Gasoline - powered equipment shall be equipped with catalytic converters, where
feasible
27. Focused plant surveys should be conducted for Hoover's button -celery In July and
1egenere between April and June. If these species are not observed during the
focused surveys, they can be considered absent from the project site. If they are
observed, they should be mapped and impacts to the. population(e) from the
proposed project quantified.. If impacts are anticipated, a mitigation and monitoring
plan should be developed th consultation with CDFG that may include population
avoidance, seed collecWn and prnn natinn� and/or other measures to minimiw
adverse impacts to the species.
iii : �-A - 4---*, -rb h�.q du"- -4 IM d.
--V.,f gr'ou.... Y� TSV.,ra.+ :$ $cli£vusw w ot"n�ui utiiriiy the t)E'@.edEng u :rd slzaa�iia
(February 1 to August 1 }, .a qualified biologist shall conduct pre- oonstruction nesting
bird surveys within 30 days prior to the onset of any construction activity. If white -
tailed kite, kxggerhead shrike, Califomia homed lark, or any other bird species
A/S 13-26
Item VI.E. - Resolution A/S 13-26 Harvest Paris
5
protected under the Migratory Bird Treaty Act and Fish and Game Codes are
observed nesting on or near the project alts, an appropriate buffer zone shell be
established around all active nests to protsO nos" adults and their young from
construction disturbance. Buffer Zpn@q shall be determined. In consultation with
CDFG based on the site conditions and the species potentially impacted. Work
within the buffer mono should be postponed until all the young are fledged, as
determined by a qualified biologist. Currently, CDFG requests a 300-foot buffer for
nesting reptors such as white-tailed k14, a, 1.00-foot buffer far speciakfttus
rines such as loggerhead shrike, and a. 50 -foot buffer for all ~ not" bird
nests (Johnston, pers. comm.). To acxom. modate nesting rapterb, pr6tonstrucWn
surveys should include all land within 300 fed of the edge of the she.
29.A qualified burrowing owl biolog* shall conduct a burrowing owr pre-construction
survey within 30 days prior to Initial ground disturbance or cw*Uucdon actift. The
qualified burrowing. owl biologist shall survey the eWre project sft and a 2604bot
buffer to determine presence or absence of the species.
(A) If- burrowing owls are observed on the project site outside of the breeding
Moson, an expedenced burrowing owl WNW: may use passive
relocation to prevent take and ensure burrowing owls are not present on
the project site for construction and grading, activities. A qualified
burrowing owl biologist shall do all exclusionary devbe lnst6klhftfi and
subsequent monitoring. Passive relocation should be performed in
consultation with CDFG.-
(8) If burrowing owls are occupying the project site during the nesting season
(February 1 through August 1), nest burrows shall be avoided by setting
250-f-ont iDXClusion area around'. the nest burrow (CDFG 1905) and
140%
Q..,FG shall be contacted for guidance. The active hest shall be monitored
to ensure construction activity does not disturb the nesting owls or cause
raact MU'r-Ar ...
.—M. wet; L;U—"Qr =@—IQ Uran 06 PCQ;PGr;aQ U, Mus
all the youfig are Independent, as determined by a qualified biologist.
CDFG may require a detailed mitigation plan that includes passive
8-stal- via yQuilig 11av" IMUWUU al-10 Malti-AWWW'"M UT 000upwo
habitat offsite in perpetuity..
SU. A arts assessaiam fbor U I G firiaii D6 PefWffiW aawrding Lo - coir ' rem' prowcoi, which
involves submitting specific information in a report to the USFWS (USFWS and
CDFG 2003). Based on the results of the site assessment, the USFWS will
determine if the site may provide -habitat for CTS and whether further surveys are
necessary. If to USFWS no longer considers the site to. be appropriate for' CTS,
then no further actions are required. If the US M-S. reauires focused surveys
according to protocol, two donseaAve years of Arlftrfence studies are heeded to
support a negative finding (U.SFWS and CDFG 2003). If CTS are
present, 'a take
Permit mubn be accuired. whidhNnicanv inciudes, arntilsitinn am. Mamanomant rif
occupied CTS lands in perpetuity.
A/S 13-26
Item VI.E. - Resolution A/S 13-26 Harvest Park
6
31. Within 14 -to 30 days prior to consteia lion, a qualified biologist shall conduct a
ground survey for American badger dons.. If dens are present, the qualified biologist
shall determine 9 they are occupied by studying recent sign or monitoring for tics
using den dusting techniques for three consecutive. days. If active dens are presenL
CCFG shall. be contacted for permission to excavate and passively relpcate the
badgers. Note that.CDFG may not approve excivation of active natal dens., which
could be avoided by constructing in the late .summer or fall under the direction of a
qualified biologist.
32.11 jurisdictional wetland delineation shall be conduct®d, and verified by the Corps, to
determine the presence and extent of jurisdictional wetlands and other waters on the
project site. If jurisdictional areas am verified -on the project site, and these will be
impacted by the proposed project a Corpa Permit (and subsequent 401 certification)
would be required. in addition, if a bridge is built across Llagas Creek, and any
portion of the bridge falls within CDF'G jurisdiction (e.g., below the top of bank of the
Creek),. a St eambed Alteration Agent -would be required. Any impacts to
Jurisdictional waters that, may occur as a result of the. proposed. project would be
reduie! to less- than - significant levels by folkrMng the terms and conditions of the
Corps permit, 401 certification, and CDFG Stneambed Alteration Agreement, ff
required.
33--if prehistoric or hisbodc period materials are discovered during grading or
convOuction, work shall be halted within 50 meters (166 feet) of the find until a
qualified professional archaeologist can evaluate it if the find Is detenr ined to be
significant, appropriate mitigation measures shall be -formulated and Implementad
(Gilroy General Plan Policy 5.07):
34.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 overiie
adjacent human remains until the coroner of Santa Clara County is conMcte4 to
determine that no investigation of the cause of death is required. If the coroner
detains the remains to be Nature American the coroner shall contact the Native
American Heritage Commission Wthin 24 hours. The Native American Herftege
Commission shall identify the person or persons it believes to be the mod likely
descendent (MLD) from the, deceased Native American, The MLD may then make
recommendations to. the hmdow rw or the person .responsible for the excavation
work, for Means of treating or disposing of, with appropriate dimity. the human
remains and associated grave goods as provided in Public Resources Coder Section
5097.98. The landowner or his authorized repnesontetive shall rebury the Native
American human remains and associated grave goods with appropriate dignity on
the property in a location not subject 6 further disturbance it. a) the Native American
Heritage Commission Is unable to Identity 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 rhake a twommendation; or e) 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
" A/S 13-26
;�;#,m VI;E. - Resolution A/S 13-26 Harvest. Park
acceptable to the landowner.
36. The- project applicant shall submit a soils investigation prepared by a qualified soils
engineer for the proposed project. The recommendations of the soils investigation
shall be incorporated into the final building plans, -subject to the review and approval
by the City of Gilroy Engineering division prior to approval of building .permits.
36.'The project, applicant shall design all structures in accordance with the California
Building Code for seismic design. Foundation design should include. tits use of
struclurai' mat or post-tension slab Whdations, rather than conventional spread
footings. Struftral design is subject to the review and approval by the City of Gilroy
Engineering Division prior to the issuance of building permits.
37. The applicant shall prepare an erosion and -din control plate deteili g
appropriate methods of erosion and depbsN bn control during grading, construction,
and operation of the proposed project: The erosion and deposition control plan shall
be subject to review and approval by the City of Gilroy Engirg Division prier to
the issuance of building permits.
36.As required by General Plan Action 26A, the applicant shall prepare a sboopec ific
soils report for the proposed project which includes laboratory testing . of orr -"soils
as well as design criteria for building foundations, basement walls, rids, aid other
structures to mitigate impacts associated with expansive soils. The soils report shall
be subject to review and approval by the City -of Gilroy Engineering Division prior to
issuance of building permits.
39. The project applicant shall. prepare a detailed Flood ManepMeM and Uun
Plan (FMMP), subject to approval by the,Sants Clara Valley Water DIOW (� .
and the City of Gilroy.
40. Prior to issuance of a grading permit, the applicant shall submit a Notice of Intent to
the Central Coast Regional Water Quality Control Board to - obtain a General
Construction S'iormwaier Permit for the project. A Storm Water Pollution won
Program (SV1/PPP) shall .be developed in oomplieiioe with this permit that ad. ' veR
the, foliowirrg four major objectlVet.. The SWPPp shall also be submitted to the City
of Gilroy Engineering Division-prior to issuance of a grading permit.
• Identify pollutant. sources, Including sources of sediment that may affect t%
quality of .storm water dirges from the construction site.
• Identify non-storm water-discharges. .
• Identify, construct, implerrmt in. accordance with a time schedule, and maintain
Best Management Practices es (6MPs) to reduoa or eliminate pollutants In storm
water discharges and authored non - stoma water dischargae, from the
construction site during construction; and
• Identify, construct, and implement in accordance with a time schedule, and
assign maintenance responsibilities for post- construction BMPs. °Chess
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Item VI.E. Resolution A/S 13-26 Harvest Park
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measures would be installed and implemented during construction to reduce or
eliminate pollutants after construction Is completed.
41.The first floor of all buildings shall be corgi a minimum of one foot B.F.E.
above existing ground level to reduce flood risks within Zone X designated areas. -
42.The foNowing language shalt be Included on all permits for this project,
subject to the review and approval of the Building Division: °AII construction activities
shall' be limited to weekdays between 7:00 am. and 7:00 p.m. and to Saturday
between 9:00 a.m. and 7:00 p.m. No consti ion is allowed on Sundays or City
Holidays.-
43.All construction equipment engines shall be property tuned and muffled according to
manufacturers' specifications.
1
44. Noise construction activities whose specific location on the site may be flexible (e.g.,
operation of compressors and generators, cement mixing, geheral tnok Idling) shell
be conducted as far as possible from the nearest nolse-sensiflve land uses, and
bafflers and/or manmade baers (e.g., . intervening construction trailers) shall be
used to screen propagation of noise from such activities towards these land uses to
the maximum extent possible.
45. The use of those .pieces of construction equipment or construction methods with the
greatest peak noise generation potential shall be mintmized. Examples Induce the
use of drills and jackhammers.
46. Barriers such as plywood structures or flexible sound control curtains shall 'be
erected along the western edge of the site to minimize noise exposure to the
residential uses.
47. Fire Sprinkler systems shall be .installed per NFPA 13D reOuirements. System are
subject to review and approval by the Fire Marshal.
48. Futum. residents shall be provided with disclosure regarding the potential for hazet+ds
associated WO agricultural uses, especially If Westock or agricult ml uses are
allowed in the adjacent properties.
49. The project applicant shall disclose to potential home owners that elementary
students in their household might not attend the adjacent Antonio del Buono
Elementary School.
50. The project frontage on Monterey Road shall be designed such that sick t right -
of-way is available for the future widening end addition of a bikelpedestrian trail on
Monterey Road, as spedfled In the City of Gilroy General Plan and the Cky of Gilroy
Trails Master Plan. Additionally, the project site design shall. accommodate, as
necessary, the planned trail in the Uagas Otak Corridor.
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Item VI.E. - Resolution A/S 13-26 Harvest Park
9
51.The sidewalk on the east side of Wren Avenue shall be extended south to Antonio
del Buono Elementary School to facilitate pedestrian access between the school and
the project site.
52.The recommended turn pocket lengths for ttis Hosiery /Cohansey Mr section are
as follows: The eastbound left -tuna lane shall be at least 300 feet long, the
southbound right-turn lane shall be 100 feet. long, and the northbound left-tum
pocket shall be 100 to 125 feet long:
63.The radius of the horizontal curve on Church Street, south of Cohansey Avenue
shall be increased to at least 610 feet to comply with City street design standards.
54.The applicant shall provide parking Irv. compliance with the Zoning Ordinance subject
to the review and approval -of the Planning .Division.
65.The project will provide accommodations for the proposed Improvements on
Monterrey Road subject to the review and approval of these improvements..
FIRE DOARTMENT COMMONS
These conditions shall be .included as notes ,.on. the cover page of the construction
drawings submitted for building permit.
56.$ingle-family homes with a fenced yard shall have a gate that opens to a public way
(or to an open yard that leads to a public way).
57.SkVe- fafnIIy homes with front doors that are a via a fenced or enclosed
courtyard shall have an operable latch from the house side to allow exiting to the
public way (or open yard to a public way).
58. An address shall be provided at building permit submittal: Douse. numbers shall be
dearly visible from the stnixA on which the horse fronts.
59. Single4arrnty homes shall be addressed from the street VW the front door fades and
shall be visible from that street If to house Is. recessed, obstructed, or at an angle
such that the front door is not visible from the street, an additional address sign sbalt
be provided that is visible from the street All main address numbers shall be
illuminated a minimum of 2.5 inches In height with a 3/844 ch stroke and placed to
read from left to right and/or top to bottom, and located at least 60 inches high,
measured from the ground.
60.Ac oessory and second dwelling units shall, have an address that shall be visible from
the street When the unit is not visible an address post shall be provided at the
street with all the addresses for the parcel. An iAurnlnated address strap be on the
front door side of each unit and at a minimum of 60 Inches high, measured ft m the
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Item VI.E. - Resolution A/S 13-26 Harvest Park
I0
ground.
61 -Ac cessory and Second Dwelling units shalt be provided a path of travel to the -public
way that is a minimum of 36 Indies wide. if gated off, a latch that Is accessible from
the'dwelling unit side shall. be provided.
62. Egress Windows shall be provided on all sleeping rooms. A room that does not
have a dearly donned use such as a kitchen, closet, dining room, livingffamilly room
-&-study shall be considered a sleeping mom. Studiesfilbrarles with closets shall be
treated as slopping -rooms. Storage rooms that are provided with windows, and
electrical outlets and are greater than 50 square feet may also be considered
sleeping moms If attached to a dwelling unit.
63.AJI residential *uctures shalt be provided with residential fire sprinklers Indud) n.g
detached garages. To provide for adequate water flow, provide I .54nch laterals.
from the nuAw (I Inch) to the home. For alley boded units provide 24nch lateral
from the rh6tor (I Inch) as these units have Iohg travel diotdrices and will experience
flow loss. The City residential Fire Sprinkler Standards include.
a. System to comply with NFPA. 13D subject to Inspection by the City.
b. Riser shall be Installed in the gam' unless alternate approved by the Fire
M4rshal
c. if the water supply to the home is not at the garage, a check valve shall be
supplied at Ow location of the tee from the domestic supply, water SUP*
from point of entry to the riser shall be approved fire sprinkler line.
d. Aft enclosed garages and attached carports shall be provided with
sprinkler protection.
e. At least one sprinkler of each type -shall be prosent In the spare head box
at final.
f. An exterior belYhorh -shall be Installed on the bedroom side ofthe home. A
horn device shall be provided for the Interior living space.
g. Sprinkler CPVC piping in attic space shall be provided with-adequate
Insulation or be* done with a copper riser.
h. Sprinkler coverage shall be provided underneath Stairwells when used as.
storage, closets or bathrooms (even W km than 55 square feet).
Concealed spaces used for sbraga In attics or crawl spaces that exceed
55 square 160 in area and 6 feet In halght, shall be provided with sprinkler
coverage.'
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Item VI.E. - Resolution A/S 13-26 Harve.4 Park
4
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2016 -52 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 3rd day of October, 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 4d' day o.,October, 2016.
STiiawna Freels, MMCv
City Clerk of the City of Gilroy
(Seal)