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Resolution 2017-05RESOLUTION NO. 2017-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TENTATIVE MAP TM 16 -01, CREATING 59 SINGLE - FAMILY RESIDENTIAL LOTS, ONE LOT FOR FUTURE DEVELOPMENT, ONE REMAINDER LOT, NINE PRIVATE OPEN SPACE LOTS, ONE PUBLIC OPEN SPACE LOT, AND ASSOCIATED PUBLIC AND PRIVATE STREETS, LOCATED WITHIN THE GLEN LOMA RANCH SPECIFIC PLAN AREA, NORTHEAST OF SANTA TERESA BOULEVARD, SOUTH OF CLUB DRIVE, APNS 808 -43 -002, - 003, AND, -005, FILED BY GLEN LOMA CORPORATION, 7888 WREN AVENUE, SUITE D -143, GILROY, CA 95020. WHEREAS, The Glen Loma Corporation submitted an application requesting a tentative map to subdivide an approximate 29.85 acre site into 59 single - family lots (26 duet lots in the McCutchin Creek neighborhood and 33 single - family lots in the Palomino neighborhood), one lot for future development, one remainder lot, nine private open space lots, one public open space lot, and associated public and private streets; and WHEREAS, the subject property is located within the Glen Loma Ranch Specific Plan area, located northeast of Santa Teresa Boulevard, south of Club Drive; and WHEREAS, the Planning Commission of the City of Gilroy has considered the tentative map (TM 16 -01), in accordance with the Gilroy Zoning Ordinance, and other applicable standards and regulations; and WHEREAS, said tentative map was referred to various public utility companies and City departments, including the Technical Advisory Committee for recommendations; and WHEREAS, on November 7, 2005, the City of Gilroy adopted the Glen Loma Ranch Specific Plan; and WHEREAS, on November 21, 2005, the City of Gilroy adopted the Glen Loma Ranch Development Agreement; and WHEREAS, an environmental impact report (EIR) was prepared and certified for this site on November 7, 2005 as part of the review of application GPA 00 -01; and WHEREAS, the California Environmental Quality Act (CEQA) Guidelines section 15182, Residential Projects Pursuant to a Specific Plan, exempts residential projects pursuant to a specific plan from further environmental review under CEQA, as long as the project meets the requirements of that section, and City Staff has determined that the proposed residential subdivision meets the requirements of section 15182 such that no further environmental analysis is required by CEQA; and MBRANSONO2v1 RESOLUTION 2017 -05 MBRANSON104706089 WHEREAS, a mitigation monitoring and reporting plan has been prepared, consistent with the certified EIR; and WHEREAS, the Planning Commission held a duly noticed public hearing on January 5, 2017, at which time the Planning Commission considered the public testimony, the staff report dated January 5, 2017 ( "Planning Commission Staff Report"), and all other documentation related to TM 16 -01, and recommended that the City Council approve said application with 62 conditions; and WHEREAS, the Planning Commission found, after due study, deliberation and public hearing, the following circumstances exist: 1. The proposed tentative map is generally consistent with the intent of the goals and policies of the "Glen Loma Ranch Specific Plan." 2. The proposed tentative map is generally consistent with the intent of the goals and policies of the "Neighborhood District Policy." 3. The proposed tentative map is generally consistent with the intent of the goals and policies of the City's General Plan. 4. The proposed development is consistent with the Zoning Ordinance and the City's Subdivision and Land Development Code, and the State Subdivision Map Act. 5. Public utilities and infrastructure improvements needed in order to serve the proposed project are in close proximity. 6. As identified in the certified EIR, all significant environmental impacts associated with buildout of the Glen Loma Ranch Specific Plan area can be reduced to a less than significant level with the implementation of adopted mitigation measures identified in the certified EIR, except for air quality. The proposed project would result in a significant, unavoidable environmental impact with regard to project emissions and consistency with the Bay Area 2000 Clean Air Plan. When adopting the specific plan in 2005, the City Council adopted a statement of overriding considerations, finding that the benefits of the project outweighed this environmental effect. WHEREAS, the Planning Commission found that the applicant agrees with the necessity of and accepts all elements, requirements, and conditions of this resolution as being a reasonable manner of preserving, protecting, providing for, and fostering the health, safety, and welfare of the citizenry in general and the persons who work, visit or live in this subdivision in particular. WHEREAS, the City Council held a duly noticed public hearing on February 6, 2017, and considered the public testimony, the Planning Commission Staff Report, a supplemental staff report dated February 6, 2017 ( "City Council Staff Report"), and all other documentation related to application TM 16 -01 and requested City Staff to prepare resolutions of approval for TM 16 -01; and 4814-9434-19520 RESOLUTION No. 2017 -05 MBRANSON\ 047070 6089 SON1 WHEREAS, the City Council finds that TM 16 -01 conforms to the City's General Plan and elements thereof, including the "Glen Loma Ranch Specific Plan" and the "Neighborhood District Policy "; and NOW, THEREFORE, BE IT RESOLVED THAT: SECTION I The City Council hereby finds as follows: 1. TM 16 -01 is generally consistent with the intent of the goals and policies of the "Glen Loma Ranch Specific Plan." 2. TM 16 -01 is generally consistent with the intent of the goals and policies of the City's "Neighborhood District Policy." 3. TM 16 -01 is generally consistent with the intent of the goals and policies of the City's General Plan. 4. TM 16 -01 is consistent with the Zoning Ordinance and the City's Subdivision and Land Development Code, and the State Subdivision Map Act. 5. Public utilities and infrastructure improvements needed in order to serve TM 16 -01 are in close proximity. 6. As identified in the certified EIR, all significant environmental impacts associated with buildout of the Glen Loma Ranch Specific Plan area can be reduced to a less than significant level with the implementation of adopted mitigation measures identified in the certified EIR, except for air quality. The proposed project would result in a significant, unavoidable environmental impact with regard to project emissions and consistency with the Bay Area 2000 Clean Air Plan. When adopting the specific plan in 2005, the City Council adopted a statement of overriding considerations, finding that the benefits of the project outweighed this environmental effect. 7. The applicant agrees with the necessity of and accepts all elements, requirements, and conditions of this resolution as being a reasonable manner of preserving, protecting, providing for, and fostering the health, safety, and welfare of the citizenry in general and the persons who work, visit or live in this subdivision in particular. MBRANSON\02x1 RESOLUTION NO. 2017 -05 MBRANSON104706089 SECTION I1 The City Council of the City of Gilroy hereby approves TM 16 -01, subject to the conditions of approval set forth in Exhibit "A" attached hereto. vote: PASSED AND ADOPTED this 6'' day of February, 2017, by the following roll call AYES: COUNCILMEMBERS: BRACCO, HARNEY, KLOECKER, LEROE- MUNOZ, TOVAR, TUCKER and VELASCO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: Roland Velasco, Mayor 4814 - 9434 -19520 RESOLUTION NO. 2017 -05 MBRANSON104706089 EXHIBIT A CONDITIONS OF APPROVAL TM 16 -01 1. The applicant will be required to mitigate for the removal of significant trees by obtaining a tree removal permit, which will require replacement of significant trees, in accordance with the City's Consolidated Landscaping Policy. 2. The subdivider shall defend, indemnify, and hold harmless the City, its City Council, Planning Commission, agents, officers, and employees from any claim, action, or proceeding against the City or its City Council, Planning Commission, agents, officers, and employees to attack, set aside, void, or annul an approval of the City, City Council, Planning Commission, or other board, advisory agency, or legislative body concerning this subdivision. City will promptly notify the subdivider of any claim, action, or proceeding against it, and will cooperate fully in the defense. This condition is imposed pursuant to California Government Code Section 66474.9. 3. The Final Map shall substantially comply with the Tentative Map prepared by Ruggeri Jensen Azar, dated November 2016 and stamped approved, except as modified by the City Council's approval of this application and the conditions of approval. 4. The developer shall submit a copy of the Conditions, Covenants and Restrictions (CC &Rs) to the Planning Division concurrent with final map submittal. Homeowners' Association documentation, Conditions, Covenants and Restrictions and/or property owner's Maintenance Agreements shall be approved by the Planning Division prior to the map being released for recordation. 5. With the exception of lots that received an exemption from the application of the City's Residential Development Ordinance (RDO) (City Zoning Ordinance Sections 50.60 et seq.), no building permit shall be issued in connection with this project if the owner or developer of such development (i) is not in compliance with the RDO, any conditions of approval issued in connection with such development, or other City requirements applicable to such development; or (ii) is in default under any agreement entered into with the City in connection with such development pursuant to the RDO. PLANNING DIVISION SPECIAL CONDITIONS The following MITIGATION MEASURES, which are contained within the EIR and EIR addendum, prepared pursuant to the California Environmental Quality Act, and as modified based upon changes in applicable regulations, are included as conditions of approval. 6. Project proponents shall specify in project plans the implementation of the following dust control measures during grading and construction activities for any proposed development. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Engineering Division (corresponds to EIR Mitigation Measure 3): The following measures shall be implemented at all construction sites: • Water all active construction areas at least twice daily; • Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; 4814- 9434 -19520 RESOLUTION No. 2017 -05 MBRANSON104706089 • Pave, apply water three times daily, or apply (non- toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; • Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; and • Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. The following measures shall be implemented at all construction sites greater than four acres in area: • 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 mph; • Install sandbags or other erosion control measures to prevent silt runoff to public roadways; and • Replant vegetation in disturbed areas as quickly as possible. The following measures are strongly encouraged at construction sites that are large in area, located near sensitive receptors or which for any other reason may warrant additional emission reductions: • Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; • Install wind breaks, or plant trees /vegetative wind breaks at windward side(s) of construction areas; • Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and • Limit the area subject to excavation, grading and other construction activity at any one time. 7. The applicant shall obtain a Santa Clara Valley Habitat Plan permit from the City of Gilroy, prior to issuance of a grading permit. The permit shall include all applicable project conditions (corresponds to EIR Mitigation Measure 4). 8. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential nesting habitat (i.e., riparian woodland and oak woodland), a tree survey shall be conducted by a qualified biologist to determine if active nest(s) of protected birds are present in the trees. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. This survey shall be required only if any construction would occur during the nesting and/or breeding season of protected bird species potentially nesting in the tree (generally March 1 through August 1). If active nest(s) are found, clearing and construction within 200 feet of the tree, or as recommended by the qualified biologist, shall be halted until the nest(s) are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting, as determined by the qualified biologist. If 4814 - 9434 -19520 RESOLUTION No. 2017 -05 MBRANSON104706089 Z 10 construction activities are not scheduled between March 1 and August 1, no further shrike or tree surveys shall be required (corresponds to EIR Mitigation Measure 5). Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential roost habitat (i.e., riparian woodland and oak woodland), pre - construction surveys for bat roosts shall be performed by a qualified biologist. If bat roost sites are found, the biologist shall implement a program to remove /displace the bats prior to the removal of known roost sites. In addition, an alternate roost site shall be constructed in the vicinity of the known roost site. Specifications of the alternate roost shall be determined by a bat specialist (corresponds to EIR Mitigation Measure 6). Prior to approval of each tentative map or use permit, project plans for future development on the project site shall be designed to avoid unnecessary filling or other disturbance of natural drainage courses and associated oak/riparian woodland vegetation to the greatest extent feasible, subject to review and approval of the City of Gilroy Planning Division. In the event that disturbance of site drainages and associated oak/riparian woodland vegetation cannot be avoided (i.e., Reservoir Canyon Creek Bridge construction, culverts, storm drain outfalls, etc.), authorization from the California Department of Fish and Game through Section 1600 et. seq. of the Fish and Game Code and/or the U.S. Army Corps of Engineers through Section 404 of the Clean Water Act and the Regional Water Quality Control Board through Section 401 of the Clean Water Act shall be obtained, if required, prior to issuance of building or grading permits for any activity that might encroach on the site's drainages. Conditions imposed on these permits and /or authorizations may include but not be limited to the following (corresponds to EIR Mitigation Measure 8): • Construction work shall be initiated and completed during the summer and fall months when the drainages are dry, or at least have a very low flow. Typically, no construction work shall be allowed between October 15th and April 15th. • A Habitat Restoration Plan shall be prepared to identify the exact amount and location of affected and replacement habitat, to specify on -site revegetation with locally - obtained native species within the buffer areas to mitigate habitat loss, and to provide specifications for installation and maintenance of the replacement habitat. Any loss of riparian or wetland vegetation resulting from construction activities shall be mitigated on -site at a minimum 3:1 replacement ratio. 11. Any loss of oak and/or riparian woodland habitat resulting from development shall require the project proponent to retain a qualified biologist to prepare a Habitat Restoration Plan to identify the exact amount and location of affected and replacement habitat, specify an appropriate plant palette, and provide specifications for installation and maintenance of the replacement habitat. Replacement vegetation shall consist of locally- obtained native plant species. Any loss of riparian woodland vegetation shall be mitigated on -site at a minimum of 3:1 replacement ratio, unless otherwise determined by the Department of Fish and Game and the City of Gilroy. Any loss of oak woodland vegetation shall require preservation of on -site oak woodland at a ratio of 3:1 and replanting on -site at a ratio of 1:1, unless otherwise determined by the Department of Fish and Game and the City of Gilroy. The Habitat Restoration Plan shall be prepared prior to issuance of building or grading permits for any activity requiring removal of oak 4814- 9434 -19520 RESOLUTION NO. 2017 -05 MBRANSON104706089 and/or riparian woodland habitat, subject to review and approval of the City of Gilroy Planning Division and California Department of Fish and Game (corresponds to EIR Mitigation Measure 9). 12. Prior to issuance of grading and/or building permits, subject to the review of the Gilroy Planning Division, the project applicant shall install siltation fencing, hay bales, or other suitable erosion control measures along portions of natural and manmade drainage channels in which construction will occur and within 20 feet of construction and/or staging areas in order to prevent sediment from filling the creek (corresponds to EIR Mitigation Measure 13). 13. Prior to issuance of grading and/or building permits, the project proponent of any future development on the project site shall submit a Landscape Plan, for review and approval by the City of Gilroy Planning Division. Landscaping plans for areas adjacent to riparian habitat shall include appropriate guidelines to prevent contamination of drainages and their associated riparian habitat by pesticides, herbicides, fungicides, and fertilizers. Landscaping shall include appropriate native plants species and should not include plantings of non - native, invasive plant species (corresponds to EIR Mitigation Measure 14). 14. Prior to approval of a tentative map for each phase of the proposed project requiring removal or alteration to potential wetlands and/or waters of the U.S., a wetland delineation shall be prepared according to U.S. Army Corps of Engineers guidelines. The actual acreage of impacts to waters of the U.S. and wetlands shall be determined based on project plans for each development project and the wetland delineation for each development phase. The project proponent shall obtain all necessary permits and/or approvals from the U.S. Army Corps of Engineers and shall retain a restoration specialist to prepare a detailed wetland mitigation plan, if necessary, subject to review and approval by the U.S. Army Corps of Engineers and the City of Gilroy Planning Division. The plan shall include, but not be limited to, creation of wetlands on site to mitigate for unavoidable impacts to waters of the U.S. and wetlands resulting from development activities (corresponds to EIR Mitigation Measure 15). 15. A schematic lighting plan shall be submitted with each development proposal for review and approval by the Planning Division. Exterior lighting for any development proposed adjacent to open space areas shall be of low stature (i.e., 20 feet) and shall be of a full cutoff design or include opaque shields to reduce illumination of the surrounding landscape. Lighting shall be directed away from open space areas (corresponds to EIR Mitigation Measure 16). 16. Prior to approval of a tentative map for each phase of the proposed project containing or adjacent to preserved natural open space areas, a signage plan shall be prepared to outline the language, number and location of signs to dissuade people from straying off trails and to prohibit unleashed dogs in the open space areas, subject to approval by the City of Gilroy Planning Division (corresponds to EIR Mitigation Measure 17). 17. Prior to commencement of construction activities, the protected zone of any trees or groups of trees to be retained shall be fenced to prevent injury to the trees during construction. Soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/or dumping of materials shall not be allowed within the 4814 - 9434 -19520 RESOLUTION NO. 2017 -05 MBRANSOM04706089 protected zone. The fencing shall remain in place until all construction activities are complete (corresponds to EIR Mitigation Measure 19). 18. Project proponents shall submit a soils investigation prepared by a qualified soils engineer for future development on the project site. The recommendation of the soils investigation shall be incorporated into final building plans, subject to the review and approval by the Gilroy Engineering Division prior to approval of any building permits (corresponds to EIR Mitigation Measure 20). 19. The project applicant shall design all structures in accordance with the Uniform Building Code for seismic design. In addition, all recommendations in the geotechnical reports prepared for the project shall be implemented. Structural design is subject to the review and approval by the Gilroy BLES Division prior to the issuance of building permits (corresponds to EIR Mitigation Measure 21). 20. Each tentative map shall include a detention pond or ponds to collect storm water in the case of 2 -, 10 -, 25 -, and 100 -year peak storm events. Detention ponds shall be designed according to the recommendations presented in the Hydrologic Analysis (Schaaf & Wheeler 2005) and should include, but not be limited to the following (corresponds to EIR Mitigation Measure 23): a. The pond(s) should be located to collect the storm water runoff from the project site and discharge to the existing drainage corridors and/or the existing outfalls tributary to Uvas Creek. b. Any discharge from the pond(s) should release a maximum of storm water runoff for pre - project conditions (see tables 18 and 19 in the Draft EIR). C. The pond(s) should be sized a total of approximately 8.9 acre -feet to provide for appropriate storm water quantities and filter pollutants for the purpose of water quality. d. The pond(s) shall not replace any proposed preserved open space at the project site, that was assumed to provide flood control and water quality benefits modeled in the Hydrological Analysis (Schaaf & Wheeler 2003). 21. The project applicant for any proposed development on the project site, shall, for each phase of the development, submit a Notice of Intent (NOI) and detailed engineering designs to the Central Coast RWQCB. The associated permit shall require development and implementation of a S WPPP that uses storm water "Best Management Practices" to control runoff, erosion and sedimentation from the site. The S WPPP must include Best Management Practices that address source reduction and, if necessary, shall include practices that require treatment. The SWPPP shall be submitted to the City of Gilroy Engineering Division for review and approval prior to approval of a building permit for each phase of the project (corresponds to EIR Mitigation Measure 24). 22. The project applicant shall submit plans for review by, and obtain an approved permit from the Santa Clara Valley Water District for any work that requires a permit from the water district (corresponds to EIR Mitigation Measure 25). 23. Future applicants in the Glen Loma Ranch specific plan area shall prepare a post - construction storm water management plan, subject to the review and approval of the Gilroy Engineering Division prior to the approval of final improvement plans, that shall include structural and non - structural best management practices (BMPs) for the reduction 4814- 9434- 1952v1 RESOLUTION NO. 2017-05 MBRANSON104706089 of pollutants in storm water to the maximum extent practicable (corresponds to EIR Mitigation Measure 26). 24. Prior to issuance of a grading permit for all areas within the Specific Plan area, the following measures shall be incorporated into the project plans to mitigate construction noise, subject to the review and approval of the City of Gilroy Engineering Division (corresponds to EIR Mitigation Measure 28): a. Construction shall be limited to weekdays between 7 AM and 7 PM and Saturdays and holidays between 9 AM and 7 PM, with no construction on Sundays; b. All internal combustion engine -driven equipment shall be equipped with mufflers that are in good condition and appropriate for the equipment; and C. Stationary noise - generating equipment shall be located as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. 25. Add an eastbound and a westbound left -turn lane on the Fitzgerald and Masten approaches to the Monterey Road/Masten Avenue intersection, and change the east -west signal phasing from split phasing to protected phasing (corresponds to EIR Mitigation Measure 30). This intersection is within the City of Gilroy's Transportation Master Plan and therefore, impact fees are collected for improvements at this intersection. Therefore, implementation of this mitigation measure is the responsibility of the project proponent, prior to issuance of the first building permit. 26. The applicant shall design and construct a two -lane roundabout (ultimate condition) at Santa Teresa Boulevard/Tenth Street/Miller Avenue. The City of Gilroy will reimburse the developer for the cost of all ultimate improvements of the RAB intersection up to the budgeted amount shown in the current city traffic impact fund. The design shall be subject to review and approval of the City Engineer and approval of an encroachment permit from Santa Clara County. Construction of the roundabout is required to be completed prior to issuance of the first building permit (corresponds to EIR Mitigation Measure 31). 27. Convert the Thomas Road/Luchessa Avenue intersection to a one -lane modern roundabout (corresponds to EIR Mitigation Measure 33). o Signalize the Thomas Road/Luchessa Avenue intersection, add a northbound right turn lane, and add a northbound right turn overlap phasing to the signal phasing. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit for Phase I. Note: The mitigated negative declaration for the planned elementary school within the specific plan, located on Luchessa Avenue within the Cabernet neighborhood, required implementation of this mitigation measure prior to opening the school. It was required due to unacceptable levels of services during the mid - afternoon peals hour. The 4814- 9434- 1952v1 RESOLUTION No. 2017 -05 MBRANSON104706089 mitigation measure requires the school district to pay their fair share of this improvement determined by agreement between the school district and the City of Gilroy. 28. Signalize the Santa Teresa Boulevard/Fitzgerald Avenue intersection and add eastbound and westbound left turn lanes (corresponds to EIR Mitigation Measure 34). The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase II. 29. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included on any permits issued for the project site, including, but not limited to building permits for future development, subject to the review and approval of the Gilroy Planning Division (corresponds to EIR Mitigation Measure 45): If archaeological resources are discovered during construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. 30. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 15064.5(e), subject to the review and approval of the City of Gilroy Planning Division (corresponds to EIR Mitigation Measure 46): If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. 31. Residential fire sprinklers shall be installed in all residences within the specific plan area over 3,000 square feet, including single - family and multi - family town homes or apartments, and residential clusters with more than 25 units that lack secondary access. Residential fire sprinklers shall be installed prior to occupancy. Prior to approval of 4814 - 9434 -19520 RESOLUTION NO. 2017 -05 MBRANSON104706089 future development projects within the specific plan area, the City Fire Marshal may require that all residences have residential fire sprinkler systems, regardless of conditions stated above, especially if streets are narrow, buildings are closely spaced, emergency response time is not met, there is inadequate fire flow, building are adjacent to natural areas, or other conditions exist that could hinder the ability of the City of Gilroy Fire Department to perform fire suppression acts in such case they would be needed. The sprinklers shall be designed and installed in accordance with City of Gilroy Fire Department policies (corresponds to EIR Mitigation Measure 50). ENGINEERING DIVISION STANDARD CONDITIONS 32. General a. Developer shall perform all work in compliance with the City of Gilroy Specifications Standards Design Criteria and is subject to all laws of the City of Gilroy by reference. Street improvements and the design of all off -site storm drainage facilities, sewer and water lines, and all street sections shall be in accordance with City Standards and shall follow the most current City Master Plan for streets, as approved by the City of Gilroy's Public Works Director /City Engineer. b. Until such time as the Improvements are accepted by City, Developer shall be responsible for and bear the risk of loss to any of the Improvements constructed or installed. c. The applicant shall obtain all applicable permits from federal, state, and local agencies as required to construct the proposed improvements. d. All existing utility poles shall be removed, and all utilities placed underground. No new poles are allowed. 33. FEES a. The project is subject to the City's Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. Payment of Street Tree and Storm Development Impact Fees is required at first building permit issuance. Sewer, Water, Traffic, and Public Facilities Development Impact Fees are due prior to building occupancy. Note that there will be a fee increase beginning 7/1/2017. b. At improvement plan submittal, Developer shall submit an estimate of the probable cost of improvements and shall pay 40% of the plan check and inspection fees. c. Prior to final map /improvement plan approval, Developer shall pay the remaining 60% of the plan check and inspection fees and other related fees that the property is subject to, enter into a property improvement agreement, and provide payment and performance bonds. d. The fees shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with city policy. 34. TRANSPORTATION a. Developer shall submit final photometric plans prior to first building permit issuance. b. Developer shall install all street light conduits as 2" SCH40 PVC per City Standard EL -1 and related pull boxes shall follow City Standard EL -14. c. Final streetlight locations shall be to the satisfaction of the City Transportation Engineer and shall follow City standards. d. Developer shall design driveway grades to keep the automobile from dragging or "bottoming out" on the street or driveway and to keep water collected in the street 4814 - 9434 -19520 RESOLUTION No. 2017 -05 MBRANSON104706089 from flowing onto the lots. The details of such design shall be provided at improvement plan phase and shall be to the satisfaction of the City Transportation Engineer. e. Any work in the public right -of -way shall require a traffic control plan prepared by a licensed, professional engineer with experience in preparing such plans. Traffic Control Plan shall be prepared in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices. The Traffic Control Plan shall be included in the Improvement Plans and shall be approved prior to grading permit issuance. 35. GRADING/DRAINAGE a. All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. If all or part of the construction occurs during the rainy season, the developer shall submit an Erosion Control Plan to the Public Works Director for review and approval. This plan shall incorporate erosion control devices and other techniques in accordance with Municipal Code § 27C to minimize erosion. Specific measures to control sediment runoff, construction pollution and other potential construction contamination sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan and Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall supplement the Erosion Control Plan and project improvement plans. These documents shall also be kept on -site while the project is under construction. A Notice of Intent (NOI) shall be filed with the State Water Resources Control Board, with a copy provided to the Engineering Division before a grading permit will be issued. WDID# shall be provided prior to Improvement Plan/Final Map approval. b. All grading operations and soil compaction activities shall be per the approved project's geotechnical report that was prepared for the design of the project and shall be subject to the approval of the Public Works Director. Site preparation and cut/fill construction shall be conducted under the observation of, and tested by, a licensed soils or geotechnical engineer. A report shall be filed with the City of Gilroy for each phase of construction, stating that all site preparation and cut/fill construction were performed in conformance with the requirements of the project's geotechnical report. This shall be subject to review and approval by the Engineering Division. The developer shall add this condition to the general notes on the grading plan. c. Prior to issuance of the first building permit, the applicant's soils engineer shall review the final grading and drainage plans to ensure that designs for foundations, retaining walls, site grading, and site drainage are in accordance with their recommendations and the peer review comments. The applicant's soils engineer's approval shall then be conveyed to the City either by letter or by signing the plans. 36. WATER CONSERVATION: The project shall fully comply with the measures required by the City's Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter 27, Article VI), and subsequent amendments to meet the requirements imposed by the State of California's Water Board. This ordinance established permanent voluntary water saving measures and temporary conservation standards. a. All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. 4814- 9434 -19520 RESOLUTION No. 2017 -05 MBRANSON104706089 b. Recycled water shall be used for construction water, where available, as determined by the Public Works Director. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water District's municipal industrial rate. c. Where recycled water is not available, as determined by the Public Works Director, potable water shall be used. All City potable water will be billed based on the City's comprehensive fee schedule under the Portable Fire hydrant meter rate. 37. WATER: The Developer shall perform field verification testing of the water system and will modify any part of the systems that does not perform to the standards established by the City. 38. UTILITIES a. Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated boxes and lids. b. All mainline storm drain piping shall have a minimum diameter of 18 inches and the lateral connections shall have a minimum diameter of 15 inches. c. The Developer /Contractor shall make accessible any or all City utilities as directed by the Public Works Director. d. Storm and sewer lines in private areas shall be privately maintained unless approved by the Public Works Director. e. Improvement plans are required for all on -site and off -site improvements. The following items will need to be completed prior to first building permit submittal: i. The Developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. Show preferred and alternative locations for all utility vaults and boxes if project has not obtained PG &E approval. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground). ii. The Developer shall negotiate right -of -way with Pacific Gas and Electric and other utilities subject to the review and approval by the Engineering Division and the utility companies. iii. "Will Serve Letter" from each utility company for the subdivision shall be supplied to the City. f. Joint trench composite plans shall be approved prior to start of construction or as otherwise determined by the Public Works Director /City Engineer. i. One hard copy and electronic copy of the approved/stamped PG &E Joint Trench Composite Plans shall be submitted to the Engineering Division. Should there be a delay in obtaining the PG &E- approved joint trench plans, the Developer will not be allowed to commence joint trench work "at- risk." The developer assumes responsibility for any required redesign, and all costs associated with the redesign and additional city review resulting from the at- risk work completed without PG &E- approved joint trench plans. Design revisions and ultimate joint trench construction shall be completed to the satisfaction of the City Engineer. 4814 - 9434 -19520 RESOLUTION NO. 2017 -05 MBRANSON104706089 ii. A note shall be placed on the joint trench composite plans which states that the plan agrees with City Codes and Standards and that no underground utility conflict exists. g. Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City: i. A professional engineer- signed and PG &E- approved original electrical plan. ii. A letter from the design Electrical or Civil Engineer that states the electrical plan conforms to City codes and Standards, and to the approved subdivision improvement plans. 39. NOTICING: At least one week prior to commencement of work, the Developer shall post at the site and mail to owners of property within (300') three hundred feet of the exterior boundary of the project site, to the homeowner associations of nearby residential projects and to the Engineering Division, a notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. 40. START OF CONTRUCTION: The City shall be notified at least two (2) working days prior to the start of any construction work and at that time the contractor shall provide a project schedule and a 24 -hour emergency telephone number list. 41. WORKING HOURS: Construction activity shall be restricted to the period between 7:00 a.m. to 7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m. to 7:00 p.m. for general construction activity. No work shall be done on Sundays and City Holidays. The Public Works Director will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. 42. WORK INSPECTION: All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the Public Works Director. 43. HAUL PERMIT: If the project has excess fill or cut that will be off - hauled to a site or on- hauled from a site within the city limits of Gilroy, an additional permit is required. This statement must be added as a general note to the Grading and Drainage Plan. 44. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the City, or a minimum of three times daily, or apply (non- toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Public Works Director, or at least once a day. Watering associated with on -site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late- afternoon watering to minimize the effects of blowing dust. All 4814- 9434 -19520 RESOLUTION NO. 2017 -05 MBRANSON104706089 public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Public Works Director. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered. 45. CONSTRUCTION STREET PARKING: No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Public Works Director (§ 15.40.070). 46. STREET MAINTENANCE: It is the responsibility of the contractor to make sure that all dirt tracked into the public right -of -way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris shall not be washed into the City's storm drains. 47. RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk - through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 48. MONUMENTS a. A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. b. Location of monuments shall be tied out prior to work. Any City monument damaged, displaced or destroyed shall be replaced at the developer's sole expense. c. In accordance with the California Professional Land Surveyors' Act (Business and Professions Code) Chapter 15 Sections 8771 and 8725, California Penal Code 605, and California Government Code 27581, the developer, their employees, subcontractors, and/or any person performing construction activities that will or may disturb an existing roadway/ street monument, corner stake, or any other permanent surveyed monument shall show all current monuments on the plans and shall ensure that a Corner Record and /or Record of Survey are filed with the County Surveyor Office prior to disturbing said monuments. All disturbed or destroyed monuments shall be reset and filed in compliance with Section 8771. 49. ACCEPTANCE OF IMPROVEMENTS: Until such time as all improvements required are fully completed and accepted by City, Developer will be responsible for the care maintenance of and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or Improvements required for this project prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by the Developer. ENGINEERING DIVISION SPECIAL CONDITIONS 50. TRANSPORTATION 4814 - 9434 -19520 RESOLUTION No. 2017 -05 MBRANSON104706089 a. The Project shall comply with all the traffic mitigation measures identified in the project's Initial Study /MND Addendum. 51. STORMWATER: This project is subject to post - construction stormwater quality requirements per Chapter 27D of the Gilroy Municipal Code. a. At grading permit phase, submit the final Stormwater Management Plan and final signed Performance Requirement Certifications specified in the Stormwater Guidance Manual. b.At improvement plan phase, confirm that the bioretention basin locations shown on the Stormwater Control Plan match with the locations shown on the Landscape Plans. c. Stormwater BMP Operation and Maintenance Agreement i. Prior to the issuance of the first building permit, the Developer of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City. The City shall record this agreement, against the property or properties involved and it shall be binding on all subsequent owners of land served by the stormwater management treatment BMPs. The City - standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. ii. This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity. iii. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and/or repair work and to recover the costs from the owner. iv. All on -site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s), an owners' or homeowners' association or other legal entity approved by the City. V. Any repairs or restoration/replacement and maintenance shall be in accordance with City- approved plans. vi. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan. d. Stormwater BMP Inspections will be required for this project and shall adhere to the following: i. The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a knowledgeable third party. ii. Unless otherwise required by the City Engineer or designee, stormwater facility inspections shall be done at least twice per year, once in Fall, in preparation for the wet season, and once in Winter. Written records shall be 4814- 9434 -19520 RESOLUTION NO. 2017 -05 MBRANSON104706089 kept of all inspections and shall include, at minimum, the following information: a) Site address; b) Date and time of inspection; c) Name of the person conducting the inspection; d) List of stormwater facilities inspected; e) Condition of each stormwater facility inspected; f) Description of any needed maintenance or repairs; and g) As applicable, the need for site re- inspection. iii. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October ls` for the Fall report, and no later than March 15`h of the following year for the Winter report. 52. GENERAL a. The approved construction schedule shall be shared with Gilroy Unified School District (GUSD) to avoid traffic impacts to school functions at Solorsano Middle School. An approved construction information handout(s) shall also be provided to GUSD to share with school parents. FIRE DEPARTMENT CONDITIONS The following conditions shall be shown or included on off -site improvement plans as "Fire Department Notes." Prior to street completion, the Fire Marshal shall be contacted and a fire clearance for off -site improvements shall be scheduled. No building permits will be issued without a Fire — Off -Site Improvement Inspection and Fire Flow Test administered by the Fire Marshal. 53. Developer shall provide secondary access when 30 or more units served. Secondary Access does not need to serve as public access; however, the roadway shall meet city standards as a street, subject to the review and approval of the Fire Marshal. Any alternative designs are subject to review and approval by the Fire Chief. Additional means of emergency access may be required when conditions for Fire Response are impacted by time /travel distances are deemed excessive or problematic. 54. Gated Access Roadways shall be electronic and provided with a click to open electronic opening system compatible with Fire Department equipment, as well as KNOX key override for both Fire and Police access. A building permit shall be obtained for the gate installation. The gate shall also have Police and Fire KNOX key over -ride. The gate shall also be recessed from the roadway and a visitor turn out provided. 55. Fire Hydrants shall be able to flow 1,500 gpm with a 20 psi residual pressure. Street Hydrants shall be spaced every 300 feet, and within 150 feet of any building. Offsite improvement plans shall provide Fire Hydrants per the City Standard. Hydrants shall be installed prior to commencement of construction with combustible materials 56. All homes shall be provided with water laterals and meters sized to allow for a residential NFPA 13d fire sprinkler system. At a minimum the offsite improvement plan shall provide 1.5 inch water laterals and 1 -inch meters sized to allow for a residential NFPA 13d fire sprinkler system. A fire flow test shall be obtained from the Fire Marshal for the purpose of Fire Sprinkler design. 48149434 -19520 RESOLUTION No. 2017 -05 MBRANSOM04706089 57. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance of not less than 13.5 feet shall be provided. Turning radii shall not be less than 32 feet inside and 39 feet outside. Dead end streets shall be provided with a cul -de -sac of 78- foot diameter unless they qualify for an exemption. This shall be subject to the review and approval of the Fire Marshal. 58. Parking restrictions shall be as follows: a. Less than 28 feet, no parking on either side b. Less than 36 feet, no parking on one side. c. At or over 36 feet, parking not restricted. d. 78 -foot diameter cul -de -sacs shall be provided with red curbing and fire lane signage. e. 98 -foot diameter cul -de -sacs do not require fire lane red curb or signage. 59. Where parking is restricted, curbs shall be painted red with the stencil "FIRE LANE" every 25 feet, or every 75 feet "No Parking - Fire Lane" signs shall be installed per MUTCD standard. Include curbing and/or signage details in the Off -Site improvement plans. Private roadway striping and/or signage shall be enforced and maintained by the HOA. 60. For private streets; red curbing and signage shall be maintained by the Homeowners' Association. A parking enforcement plan shall be implemented by the Homeowners' Association. 61. Street names shall be shown on off -site improvement plans and building plans. Addresses shall be assigned by the City Engineering Division prior to improvement plan and building permit submittal. Street signage shall be installed before any on -site improvements (foundations or buildings) begin. 62. Open Spaces, including storm water detention/retention basins, agricultural lots, landscaped and naturally vegetated areas shall have vegetation management to remove dead plants and debris, and to remove, disc or mow weeds during weed abatement season from April to November of each year. In HOA- managed areas, the HOA shall be responsible. For privately -owned property, the property owner shall be responsible. CITY COUNCIL -ADDED CONDITIONS 63. The following notes shall be included on the improvement plans: a. All soundwalls shall be texturized, coated with an anti - graffiti sealant, and landscaped to reduce opportunities for graffiti. b. Prior to sales of any homes within the McCutchin Creek or Palomino neighborhoods, the developer shall install signage adjacent to Santiago Court and on the future city park site notifying the public that a city park, open to the public, will be developed at that site. The verbiage of such signage shall be subject to the review and approval of the Planning Division Manager prior to improvement plan approval. MBRANSON10 70 RESOLUTION No. 2017 -05 MBRANSON104706089 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2017 -05 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 6'h day of February, 2017, 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 ilroy this 10`x' of February, 2017. n Shawna Freels, MM City Clerk of the City of Gilroy (Seal)