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Resolution 2018-27RESOLUTION NO. 2018-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY TO APPROVE ARCHITECTURAL AND SITE REVIEW A/S 17 -02 AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM, TO ALLOW CONSTRUCTION OF THE HECKER PASS COMMERCIAL PROJECT LOCATED SOUTH OF HECKER PASS HIGHWAY (STATE ROUTE 152) AT 2740 HECKER PASS ROAD (APN 810 -20 -006), FILED BY HECKER PASS COMMERCIAL, LLC WHEREAS, Hecker Pass Commercial, LLC, submitted an application requesting an Architectural and Site Review to approve the architectural and site design of the Hecker Pass Commercial project; and WHEREAS, the subject property is located within the Hecker Pass Specific Plan area, south of Hecker Pass Highway (State Route 152) at 2740 Hecker Pass Road; and WHEREAS, the Hecker Pass Commercial Architectural and Site Review Mitigated Negative Declaration has been prepared for the architectural and site review application and mitigation measures have been developed and agreed to by Hecker Pass Commercial LLC that avoid or reduce the environmental impacts of the project to less than significant; and WHEREAS, in accordance with the California Environmental Quality Act, the Planning Manager provided public notice of the intent of the City to adopt the Hecker Pass Commercial Architectural and Site Review Mitigated Negative Declaration (SCH# 2017092019) for this project, and the Planning Commission has considered the proposed mitigated negative declaration before making its recommendation herein; and WHEREAS, a mitigation monitoring and reporting plan (MMRP) has been prepared, consistent with the Hecker Pass Commercial Architectural and Site Review Mitigated Negative Declaration; and WHEREAS, said Architectural and Site Review application was referred to various city departments, including the Technical Advisory Committee, for recommendations; and WHEREAS, the project is consistent with applicable general plan, specific plan, and zoning designations; has no value as habitat for endangered, rare, or threatened species; would not result in significant effects related to traffic, noise, air quality, or water quality; and can be adequately served by all required utilities and public services; and WHEREAS, on June 7, 2018, the Planning Commission of the City of Gilroy considered the Architectural and Site Review request (A/S 17 -02), in accordance with the RESOLUTION NO. 2018 -27 Gilroy General Plan, Hecker Pass Specific Plan, Gilroy Zoning Ordinance, and other applicable standards and regulations, and recommended adoption of the Mitigated Negative Declaration (MND); and WHEREAS, on July 2, 2018, the City Council of the City of Gilroy considered the MND, staff report, and MMRP, along with testimony received at the duly- noticed public hearing and other materials; and WHEREAS, the City Council finds the Architectural and Site Review application A/S 17 -02 conforms to the City's General Plan, the Hecker Pass Specific Plan, and elements thereof, and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy hereby approves the Architectural and Site Review application A/S 17 -02 subject to the conditions attached hereto as Exhibit A, and adopts the Hecker Pass Commercial MMRP attached hereto as Exhibit B. PASSED AND ADOPTED this 2nd day of July 2018 by the following roll call vote: AYES: COUNCILMEMBERS: TOVAR and TUCKER NOES: COUNCILMEMBERS: VELASCO ABSENT: COUNCILMEMBERS: ATTEST: Freels, City Clerk HARNEY, LEROE- MUNOZ, BRACCO, BLANKL.EY, NONE RESOLUTION NO. 2018 -27 ATTACHMENT A Hecker Pass Commercial Architectural and Site Review #AS 17 -02 ( #17010029) Conditions of Approval Note: The following abbreviations identify the City department or division responsible for determining compliance with these conditions. The first group listed has responsibility for compliance at plan check, the second confirms compliance with the condition at final inspection, prior to final occupancy or issuance of a certificate of occupancy, or as specified in the condition. If only one group is identified, they have responsibilities from initial review through compliance verification. An internal condition reference number is located at the end of each condition (e.g. G -1 or MND -S2). RESPONSIBLE DEPARTMENTS /DIVISIONS L Building Division /Inspectors K Parks /Landscape Design A City Attorney L Planning Division C Chemical Control Agency W Public Works /Engineering P Fire Prevention R Traffic Division D Police Department W Wastewater /Source Control GENERAL PROJECT CONDITIONS Approval of Architectural and Site Review AS 17 -02 (hereinafter "this permit ") is granted for approved plans stamped as "Received on January 19, 2018" ( "the plans ") on file with the Planning Division. Build -out of the project shall conform to the plans, except as otherwise specified in these conditions. Any future adjustment or modification to the plans shall be considered by the Community Development Director or designee, may require separate discretionary approval, and shall conform to all City, State, and Federal requirements, including subsequent City Code requirements or policies adopted by City Council. (PL, G -1) 2. Developer means permit applicant, property owner, operator, permitee, lessee, and /or tenants using the space(s) for the intended use(s). Developer shall comply with project conditions for the life of the project. (CA, G -2) 3. Developer agrees, as a condition of permit approval, at Developer's own expense, to defend, indemnify, and hold harmless the City of Gilroy ( "the City ") and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against the City or its officers, contractors, consultants, attorneys, employees, or agents to challenge, attack, set aside, void or annul the approval of this RESOLUTION NO. 2018 -27 resolution or any condition attached thereto or any proceedings, acts or determinations taken, including actions taken under the California Environmental Quality Act of 1970, as amended, done or made prior to the approval of such resolution that were part of the approval process. (CA, G- 3) 4. Failure to appeal this decision in a timely manner, or commencement of any activity related to the project, is understood to clarify Developer's acceptance of all conditions and obligations imposed by this permit and waiving any challenge to the validity of the conditions and obligations stated therein. (CA, G -4) 5. Should Developer intend to request an extension to the permit expiration date, Developer must submit to the Planning Division a written application with applicable fees prior to the expiration date. Only timely requests may be considered pursuant to the City Code. (PL, G -5) 6. Prior to issuance of building permits, Developer shall correct all violations of the City Code, if any, existing on the project property for which the City has open cases. (PUCE, G -6) 7. If Developer, owner or tenant fails to comply with any of the conditions of this permit, the Developer, owner or tenant shall be subject to permit revocation or enforcement actions pursuant to the City Code. All costs associated with any such actions shall be the responsibility of Developer, owner or tenant. (CA, G -7) 8. Prior to occupancy, Developer shall complete all required offsite and onsite improvements related to the project, including structures, paving, and landscaping, unless otherwise allowed by the Community Development Director, or stated in these conditions. (BL, G -8) 9. Developer shall complete the "Notice of Land Use Restrictions and Conditions" form, using the form provided by the City, for recording with the Santa Clara County Recorder. Before the City issues building permits, Developer shall submit the original completed, signed and notarized document to the Community Development Director or designee. (PL, G -9) 10. Developer acknowledges that because of water limitations placed on the City by its water providers, approval of this permit does not guarantee that the city will issue building permits. Issuance of building permits may be delayed and subject to implementation and /or compliance with mandated water conservation or allocation plans. (PUPW, G -10) 11. Any covenants, conditions, and restrictions (CC &Rs) applicable to the project property shall be consistent with the terms of this permit and the City RESOLUTION NO. 2018 -27 Code. If there is a conflict between the CC &Rs and the City Code or this permit, the City Code or this permit shall prevail. (PL /CA, G -11) 12. Developer shall obtain building permits for the plans within one (1) year from the date of this permit approval. If such buildings permits are not received within the time frame, this permit shall automatically become null and void. (PL, G -13) PLANNING DIVISION STANDARD CONDITIONS 13. Developer shall obtain necessary permits prior to initiating any new construction or modifications authorized under this approval, including but not limited to temporary construction trailers, temporary staging areas, model home sales offices, advertising signs of any kind, exterior and interior modifications. Developer shall pay all requisite fees in effect at the time of plan submittal and /or issuance, as applicable. (PL/BL, PLA ) 14. Developer shall submit plans for building permit applications that include all exterior building materials and colors, including product and finish manufacturer name, color name and number, and surface finish type (e.g. stucco with sand finish, plaster with smooth finish) to be used in construction. (PL, PL -2) 15. Developer shall submit plans for building permit applications that include, on all sets, a reproduction of all conditions of approval of this permit, as adopted by the decision - maker. (PL, PL -3) 16. Prior to issuance of building permits, Developer shall provide to the Planning Division digital photos or copies of full -size colored elevations, color and material sample boards, perspective illustrations, and any other colored exhibit approved by the decision - maker. (PL, PL -4) 17. Developer may not modify any use approved by this permit unless the Community Development Director or designee determines that Developer has provided the parking required by the City Code for the modified use. Such determination may require an adjustment or modification to this permit approval. (PL, PL -5) 18. Prior to issuance of grading permits, Developer shall submit a combined landscape and lighting plan to verify all project onsite lighting shall be of a type and in a location that does not constitute a hazard to vehicular traffic, either on private property or on public property, including streets. Such lighting shall not conflict with drainage plans, landscape plans, tree locations, parking spaces, or any other such land use concerns. (PL, PL -6) RESOLUTION NO. 2018 -27 19. Parking lot and exterior light fixtures shall be full cutoff type so that lighting is directed downward only, minimizing glare and light pollution, and shall not cast light on any adjacent property or roadway. Developer shall recess or conceal any under - canopy lighting elements so they are not directly visible from any public area. Prior to issuance of building permits, Developer shall submit a lighting plan with details of the proposed fixtures and locations to the satisfaction of the Community Development Director or designee. (PL, PL -7) 20. Developer agrees, as a permit of condition approval, that no sign advertising the development project or components thereof, including individual tenants or subdivisions, shall be installed or maintained onsite or offsite except as allowed and in conformance with an approved sign permit. (PL, PL -8) 21. Concurrent with or prior to an application for a grading permit, Developer shall apply for a Santa Clara Valley Habitat Plan permit from the City of Gilroy. The grading permit will be issued only after payment of assessed fees and approval of the Habitat Plan permit. (PL, PL -9) 22. Prior to issuance of a grading permit, Developer shall present to the Community Development Director or designee, a receipt issued by Santa Clara County for full payment of the Santa Clara Valley Habitat Plan fees for associated with the proposed development. Such receipt shall be dated within six (6) months of the grading permit issuance date, or the fee amount may be reassessed and difference collected at the time of grading permit issuance. (PL, PL -10) 23. To minimize potential construction - related impacts to noise, Developer shall include the following language on any grading, site work, and construction plans issued for the subject site (PUBL, PL -11): "During earth - moving, grading, and construction activities, Developer shall implement the following measures at the construction site: (A) Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m., and on Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is prohibited on Sundays and City - observed holidays; (B) Locate stationary noise - generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area; (C) Construct sound walls or other noise reduction measures prior to developing the project site, (D) Equip all internal combustion engine driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment; (E) Prohibit all unnecessary idling of internal combustion engines; RESOLUTION NO. 2018 -27 (F) Utilize "quiet" models of air compressors and other stationary noise sources where technology exists; and (G) Designate a "disturbance coordinator' who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g. bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem." 24. To minimize potential construction - related impacts to air quality, Developer shall include the following language on any grading, site work, and construction plans issued for the project site: "During earth - moving, grading, and construction activities, Developer shall implement the following basic control measures at the construction site: (A) All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day; (B) All haul trucks transporting soil, sand, or other loose material onsite or offsite shall be covered; (C)AII visible mud or dirt tracked out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited; (D)AII vehicle speeds on unpaved roads or pathways shall be limited to 15 miles per hour; (E) All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used; (F) Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points; (G)AII construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified visible emissions evaluator; and (H) Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations." (PL /BL, PL -12) 25. In the event of an accidental discovery of archaeological resources during grading or construction activities, Developer shall include the following language on any grading, site work, and construction plans issued for the project site: RESOLUTION NO. 2018-27 "If archaeological or cultural resources are discovered during earth - moving, grading, or construction activities, all work shall be halted within at least 50 meters (165 feet) of the find and the area shall be staked off immediately. The monitoring professional archaeologist, if one is onsite, shall be notified and evaluate the find. If a monitoring professional archaeologist is not onsite, the City shall be notified immediately and a qualified professional archaeologist shall be retained (at Developer's expense) to evaluate the find and report to the City. If the find is determined to be significant, appropriate mitigation measures shall be formulated by the professional archaeologist and implemented by the responsible party." (BL /PL, PL -13) 26. In the event of an accidental discovery or recognition of any human remains, Developer shall include the following language in all grading, site work, and construction plans: "If human remains are found during earth - moving, grading, or construction activities, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner." (BUPL, PL -14) 27. Developer shall install all roof and building rain gutters and downspouts, vents, and flashing to integrate as closely as possible with building design elements, including matching the color of the adjacent surface. (PL, PL -15) 28. Prior to issuance of building permits, Developer shall provide utility meters, mechanical equipment, mailboxes and address directories, placed in RESOLUTION NO. 2018 -27 decorative cabinets and clustered for efficient access by residents and service persons. The final placement and design shall be to the satisfaction of the Community Development Director or designee. (PL, PL -16) 29. Prior to issuance of building permits, Developer shall provide screening of all mechanical equipment, post indicator valves, backflow prevention devices etc. All ground mounted utility appurtenances such as transformers shall not be visible from any public right -of -way and shall be adequately screened through the use or combination of concrete or masonry walls, berms, and landscaping. In addition to the above, backflow preventers shall be painted dark green, except the fire connection which shall be painted yellow. The final placement and design of these items shall be to the satisfaction of the Community Development Director or designee. (PL, PL- 17) 30. Prior to issuance of building permits, Developer shall include identify the placement and design of directory sign(s) and location map(s) for multi- family residential projects. Such signs /maps shall be installed prior to occupancy of the first unit. (PL, PL -18) 31. Prior to issuance of building permits, Developer shall locate rooftop mechanical equipment, including but not limited to heating and cooling systems, plumbing vents, ducts and other appurtenances protruding from the roof are recessed or otherwise screened so that they will not be visible from the front of the property or other major public vantage points. (PL, PL- 19) 32. Developer shall install all roof and building drainpipes and downspouts inside building elements. These items shall not be visible on any exterior building elevations. (PL, PL -20) 33. Prior to issuance of building permits, Developer shall provide architectural screening for any exterior utility meters. The final placement and design shall be to the satisfaction of the Community Development Director or designee. (PL, PL -21) 34. Prior to issuance of building permits, Developer shall provide screening of all ground -level mechanical equipment, post indicator valves, backflow prevention devices etc. All ground mounted utility appurtenances such as transformers shall not be visible from any public right -of -way and shall be adequately screened through the use or combination of concrete or masonry walls, berms, and landscaping. In addition to the above, backflow preventers shall be painted dark green, except the fire connection which shall be painted yellow. The final placement and design of these items shall be to the satisfaction of the Community Development Director or designee. (PL, PL -22) RESOLUTION NO. 2018-27 35. Prior to issuance of a sign permit for this site, Developer shall propose well - designed, quality signs that comply with the allowances of the City Code, and are to the satisfaction of the Community Development Director or designee. Cabinet or box -style signs will not be permitted onsite. (PUBL, PL-23) 36. Prior to issuance of building permit, Developer shall confirm the location and design of bicycle storage onsite. The placement and design shall be to the satisfaction of the Community Development Director or designee. (PL, PL- 24) 37. Prior to issuance of building permit, Developer shall stripe all loading zones, whether situated outside or inside a structure, for loading and unloading activities only and shall post a sign prohibiting storage or other non - loading activity within the designated loading zone. (PUBL, PL -25) 38. Prior to issuance of a certificate of occupancy, Developer shall remove all construction materials, debris, and vehicles from the subject property. (PUBL, PL -26) PLANNING LANDSCAPING CONDITIONS 39. Prior to issuance of building permits, Developer shall identify landscaping or other screening method to protect glare from headlights on the subject property extending offsite. At the time of planting, such screening shall be maintained at or below three (3) feet if located in a required street frontage or front yard. Details of required screening shall be to the satisfaction of the Community Development Director or designee. (PL, PL -27) 40. Prior to issuance of building permits, Developer shall (as part of the irrigation system) include sensors that suspend or alter irrigation operation during unfavorable weather conditions (e.g. automatic rain shut -off devices). (PL, PL -28) 41. Prior to issuance of building permits or initiation of the proposed use, whichever comes first, Developer shall submit a completed Landscape Documentation Package, including a soil analysis /management report along with appropriate application review fees, to the Community Development Department, including required documentation for compliance verification, and obtain approval of such plans. (PL, PL -29) 42. As part of the Landscape Plan submittal, Developer shall not include any invasive plant species, such as those listed by the California Invasive Plant Council. (PL, PL -30) RESOLUTION NO. 2018 -27 43. As part of the Landscape Plan submittal, Developer shall clarify a minimum three (3) inch layer of mulch to be applied on all exposed soil surfaces, as required by the State MWELO. (PL, PL -31) 44. Prior to issuance of building permits or initiation of the proposed use, whichever comes first, Developer shall submit a signed Certificate of Completion, along with all necessary supporting documentation and payment to the Community Development Department, for compliance verification of the landscape installation. (PL, PL -32) 45. Prior to issuance of certificate of occupancy or building permit final sign -off, Developer shall complete installation of all landscaping and irrigation in accordance with the approved plans. (PL/ PL -33) 46. Developer is required under MWELO to provide a copy of the approved Certificate of Completion to the property owner or his or her designee. Prior to completion of each build -out phase of development, Developer shall provide the Community Development Director or designee a summary of each lot in that phase and timing of compliance with this requirement. (PL, PL -34) 47. For the life of the project, Developer shall maintain landscaping and irrigation in accordance with the approved plans, except as otherwise permitted or required by law. Significant changes to the number, placement, and selection of plant species may require a modification to this approval, tc be determined by the Community Development Director or designee. (PL, PL -35) PLANNING DIVISION SPECIAL CONDITIONS 48. Developer shall redesign the project within 30 days after approval to address the following issues, subject to review and approval by the Planning Manager: (A) Retain the following significant trees, which are identified on Exhibit -01, Tree Disposition Exhibit, stamped received on December 21, 2017: i. 10647 — 24 -inch coast live oak; ii. 10648 — 6.5 -inch coast live oak; iii. 10661 — 18 -inch coast live oak; and iv. 10663 — 29 -inch valley oak. This redesign will require reducing the width of the eastern access driveway, and associated utilities, from the proposed width of 31 feet to the minimum required of 26 feet. The redesign will also require revisions to the vineyard landscaping plan. (B) Locate the public bicycle parking spaces in more secure locations closer to the building where people will be eating and shopping. RESOLUTION NO. 2018 -27 (C)Add seating and additional landscaping at the outdoor barbecue area for the residents. The landscaping shall screen the barbecue area from the parking lot to improve the ambience of the facility. (D)Add clerestory windows on the east and west side of the monitor on the Wine Building. Clerestory window appearance from the outside can be provided without allowing sunlight into the interior. (E) Landscape plans shall be revised to ensure all materials under the drip line of trees will be pervious. (F) Landscape plans shall be revised to provide a consistent landscape treatment on both sides of the eastern entry drive. (PL, PL -36) 49. Developer shall obtain a tree removal permit for the following four significant trees that would be removed, prior to issuance of building or grading permits: (A) 10629 — 11 -inch coast live oak — Tree is in poor condition due to growing into a fence; (B) 10654 — 60 -inch California sycamore — Tree is in poor condition with evidence of decay around the entire root collar, with signs of decay throughout the mainstem and into the canopy. Arborist recommended removing for safety reasons; (C) 10658 — 48 -inch California sycamore — Tree is in poor condition and should be removed to avoid uprooting failure; (D) 10660 — 20 -inch valley oak — Tree is in fair condition, but is proposed for removal to construct the project's west building. Additionally, if the City adopts a tree removal ordinance prior to approval of this project, the project would be subject to the requirements of the tree removal ordinance. (PL, PL -37) 50. Prior to issuance of building permits, Developer shall submit and obtain approval of a master sign program for the project, which shall indicate on the site plan the elevations, the size, placement, materials, and color of all proposed free - standing and building signs. The sign program shall also include specific signage and directories to promote the live /work businesses located on the 2"d floor. The total square footage of all signs for the project shall not exceed the sign limitations provided for in the Hecker Pass Specific Plan. (PL/BL, PL -38) 51. Developer shall submit bicycle rack design that is consistent with the specific plan's desired agricultural theme, which may require a custom design. The bicycle rack design shall be subject to review and approval by the Planning Manager, prior to issuance of a building permit. (PL, PL -39) 52. Developer shall limit outdoor storage and outdoor activities as described in the project application and to the locations shown on the project plans. Developer shall maintain screening of storage and use area(s) from RESOLUTION NO. 2018 -27 adjacent properties and public vantage points for the life of the project. The requisite screening shall match the predominant design and materials of the main structure on the project site. Any outdoor seating subsequently proposed for the Wine Building and /or the commercial restaurants shall require Planning Division approval. (PL, PL -40) 53. Wine building operators shall ensure that deliveries to the wine building do not interfere with parking during operational hours of other businesses within the project. (PL, PL -41) 54. Developer shall submit a design for a mural on the west side of the Wine Building to meet the objective of policy 5 -2 of the Hecker Pass Specific Plan. The design is subject to review and approval of the Planning Manager, prior to occupancy of the Wine Building. (PL, PL -42) 55. The type of stone veneer used on the east and west building columns shall be subject to review and approval by the Planning Manager, prior to issuance of a building permit. (PL, PL -43) 56. The residential and the commercial space in the live /work units must be occupied by the same tenant, and no portion of the live /work unit may be rented, subleased, or sold separately. Adherence to this condition shall be the responsibility of the entity that will be managing the building. (PL, PL -44) 57. Live /work units must comply with applicable City of Gilroy building and construction codes. (PL, PL-45) 58. Residents conducting business in a live /work unit must obtain a City of Gilroy business license. (PL, PL -46) 59. The commercial component as designated on the floor plan of the live /work units shall remain commercial and cannot be converted to residential use. (PL, PL-47) 60. The residential component as designated on the floor plan of the live /work units shall remain residential and cannot be converted to commercial use. (PL, PL-48) 61. The commercial component in the live /work units shall not detract from, or otherwise be a nuisance to, the residential character or appearance of the dwelling units. (PL, PL -49) 62. The commercial use in the live /work units shall not generate external noise, odor, glare, vibration or electrical interference detectable to the normal sensory perception by adjacent neighbors. (PL, PL -50) RESOLUTION NO. 2018-27 63. No explosive, toxic, combustible or flammable materials in excess of what would be allowed incidental to normal residential use shall be stored or used on the premises in the live /work units. (PL, PL -51) 64. Prior to occupancy of the live /work units, the Applicant shall submit a business plan to address all aspects of the commercial components of the live /work units. Such plans shall strictly prohibit certain uses that would be disruptive to the residential community (such as retail sale of food and /or beverages). Any changes to plan cannot conflict with the approvals and allowances under this permit, and may require a modification process review as determined by the Community Development Director or designee. The property management company shall be responsible for ensuring compliance with the business operations. (PL, PL -52) 65. No chain or franchise convenient stores, chain or franchise type restaurants, or fast food restaurants are permitted. (PL, PL -53) 66. Property owner shall dedicate land necessary for the Class I bike path along the northern property boundary, prior to issuance of a building permit. (PL, PL -54) PLANNING DIVISION ENVIRONMENTAL CONDITIONS 67. Prior to issuance of building permits, subject to review and approval by the City Planning Division, the developer shall provide to the city details of a proposed vehicle reduction program for future employees of the project utilizing the Bay Area Commuter Benefits Program, 511.org rideshare program, or other local commuter benefits program. (MND AQ -1) (PL, PL- 55) 68. Prior to issuance of building permits, subject to review and approval by the City Planning Division, the developer shall provide to the city details of a proposed green waste diversion program, which will include on -site composting, for the Agri- tourist Commercial development consistent with the 2017 BAAQMD Clean Air Plan control measure WA3. (MND AQ -2) (PL, PL- 56) 69. The following construction equipment parameters shall be included on all grading and building plans, subject to review and approval by the Building Division: (A) All mobile diesel - powered off -road equipment larger than 25 horsepower and operating on the site for more than two consecutive days shall meet, at a minimum, U.S. EPA particulate matter emissions standards for Tier 2 engines or equivalent that also includes CARB- certified Level 3 Verified Diesel Emission Control Strategies (VDECS) or Diesel Particulate Filters meeting these requirements. Note that U.S. EPA Tier 4 equipment is RESOLUTION NO. 2018 -27 considered to meet this measure. Developer and /or construction contractor shall be responsible for submitting an equipment data list and operations timeframes to the Building Division prior to commencement of grading operations, and updating the information each week that there is a change. For each piece of equipment, the list shall include: CARB identification number, type of equipment (grader, dozer, etc.), emissions classification of equipment (Tier 2, filter type, etc.), compliance or non - compliance with emissions requirements above, and proposed operation schedule. (B) Include conspicuous signage at the construction site entry and on- site construction office reiterating idle time limits on all diesel - fueled off -road vehicles to five minutes, as required by Title 23, Section 2449, of the California Code of Regulations ( "CARB Off -Road Diesel Regulations "). (C) Eliminate the use of portable diesel equipment (e.g., generators) within 200 feet of project boundaries by providing electrical service at the site during the initial construction phase. Alternatively, use propane or natural gas powered equipment if electricity is not available. Weekly monitoring reports detailing compliance with the measures described above shall be submitted by the developer to the Building Division during all phases of construction. The Building Division shall ensure this has occurred prior to issuance of an occupancy permit. (MND AQ -3) (PL, PL -57) 70. (HPSP Policy 5 -44) Pre - construction surveys for protected birds shall be conducted for improvements or development proposed in or adjacent to potential nesting habitat (i.e., riparian woodland) if development is proposed during the nesting and /or breeding season of raptors (generally March through August). If any active nests are found within the survey area, at the discretion of the biologist, clearing and construction within 250 feet shall be postponed or halted until nests are vacated and juveniles have fledged, and there is no evidence of a second attempt at nesting. (MND BIO -1). (PL, PL- 58) 71. (Consolidated Landscaping Policy) Prior to issuance of a grading permit, the developer shall submit a final tree replacement plan to mitigate for proposed tree removals. The final plan shall identify the species, size, numbers, and locations for the replacement trees, and will be subject to review and approval by the Planning Manager. The tree replacement plan shall be implemented with construction of the project. (MND BIO -2) (PL, PL -59) 72. (HPSP Policy 7 -9) Prior to the commencement of grading or construction activities, the protected zone of any tree or group of trees to be retained should be fenced to prevent injury to the trees during construction under the RESOLUTION NO. 2018 -27 supervision of an arborist. Soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and /or dumping of materials shall not be allowed within the protected zone. The fencing shall remain in place until all construction activities are complete. (MND B10 -3) (PL, PL -60) 73. Prior to issuance of a grading permit, the developer shall have a supplemental geotechnical report prepared and shall have additional boring samples taken within the current project footprint on the site. All recommendations shall be incorporated into the grading and building plans as appropriate, subject to review and approval by the Building Division. (MND GEO -1) (PL, PL -61) 74. Prior to issuance of a grading permit for the Agri- tourist Commercial site, the project developer shall prepare an erosion control plan consistent with the City's erosion control ordinance. The plan shall be subject to review and approval of the City of Gilroy Engineering Division and its implementation by project developer shall be monitored by the City. (MND GEO -2) (PL, PL -62) 75. (Note: The applicant's resubmittal dated January 19, 2018 adequately addressed this issue.) The bocce ball court shall be located within an area with acceptable noise levels, which is 65 DB Ldn or less. (A) Prior to approval of the Architectural and Site Review application, the developer shall prepare an alternative site plan that locates the bocce ball court a minimum of 165 feet from the centerline of Hecker Pass Highway; (B) Should the developer decide to move the bocce ball court to an alternate location onsite after construction and operation of the Hecker Pass Highway/Third Street roundabout, the developer shall submit an application to modify the Architectural and Site Review approval. In order to move the bocce ball court closer than 165 feet from the centerline of Hecker Pass Highway, the developer shall pay for the City to prepare an updated noise analysis to determine whether the roundabout will reduce projected traffic noise on the highway to the level that the bocce ball court would not need to be setback 165 feet. Based on the findings of the noise analysis, the bocce ball court could be relocated to an alternate area with acceptable noise levels, subject to the review and approval of the Planning Division. (MND N -1) (PL, PL -63) 76. The developer shall design all residential live -work units with air conditioning or mechanical ventilation, which shall be included on the building plans, prior to issuance of a building permit, subject to review and approval by the Building Division and the Planning Division. (MND N -2) (PL, PL -64) RESOLUTION NO. 2018 -27 77. (HPSP EIR Mitigation Measure #18) Prior to issuance of the 75th building permit within the Specific Plan area, developers for projects within the specific plan area shall be responsible for improving Hecker Pass Highway immediately west of Santa Teresa Boulevard to include a second westbound travel lane. The second westbound travel lane on Hecker Pass Highway, and the appropriate lane -drop taper consistent with Caltrans' Standards, should extend as far as possible beyond (west of) Santa Teresa Boulevard as can be accommodated within the existing public right -of -way, with the design subject to approval by the City Engineer in his /her reasonable discretion. Developers shall coordinate with the City of Gilroy Engineering Division to design and implement the widening project. Removal of deodar cedar trees along the highway must be avoided wherever possible and improvements must be consistent with State scenic highway guidelines. Traffic signal modifications should be made to the intersection of Santa Teresa Boulevard and First Street/Hecker Pass Highway to add vehicle detection for the second eastbound through lane. However, implementation of this measure may not be feasible without either a) removal of deodar cedar trees within the Caltrans right -of -way along the southern side of the highway, which is an historic resource listed on both the national and state registers, or b) significantly cut into the hillside on the northern side of the highway, which would require construction of a retaining wall. The City of Gilroy is currently processing a request from the specific plan property owners to amend the Hecker Pass Specific Plan, which includes among other changes, elimination of this mitigation measure. Building permits for the residential units will not be issued until the mitigation measure is implemented, or the specific plan amendment request that includes elimination and /or modification of the measure, is approved. (MND T -1) (PL, PL -65) 78. (HPSP EIR Mitigation Measure #19). Prior to issuance of the 75th building permit within the Specific Plan area, developers for projects within the specific plan area shall be responsible for shoulder improvements to Hecker Pass Highway, per Caltrans' standards, between Santa Teresa Boulevard and the easterly limits of the planned Caltrans Uvas Creek Bridge Improvement project. Developers shall coordinate with the City of Gilroy Engineering Division to design and implement the shoulder improvements. Removal of deodar cedar trees along the highway must be avoided wherever possible and improvements must be consistent with State scenic highway guidelines. However, implementation of this measure may not be feasible without either a) removal of deodar cedar trees within the Caltrans right -of -way along the RESOLUTION NO. 2018 -27 southern side of the highway, which is an historic resource listed on both the national and state registers, or b) significantly cut into the hillside on the northern side of the highway, which would require construction of a retaining wall. The City of Gilroy is currently processing a request from the specific plan property owners to amend the Hecker Pass Specific Plan, which includes among other changes, elimination of this mitigation measure. Building permits for the residential units will not be issued until the mitigation measure is implemented, or the specific plan amendment request that includes elimination and /or modification of the measure, is approved. (MND T -2) (PL, PL -66) 79. Storm water detention shall be designed to prevent an increase in the 2- year, 10 -year and 100 -year peak discharge for the project area (refinement of existing HPSP policy 8 -6), and consistent with the City of Gilroy Storm Water Management Guidance Manual For Low Impact Development & Post - Construction Requirements (March 6, 2014). The design is subject to review and approval by the Engineering Division, prior to issuance of a grading permit. (MND U -1) (PL, PL -67) FIRE MARSHALL STANDARD CONDITIONS 80. Commercial buildings over 3600 sq ft shall have a fire sprinkler system installed compliant with NFPA 13 and a permit shall be obtained prior to installation. The Fire Underground Lines shall be submitted for a permit from the Fire Marshal and shall be compliant with NFPA 24. Locations of DDCA and FDC shall be approved by the Fire Marshal and DDCA shall be supervised along with the Fire Sprinkler System. (FP -1) 81. SCRWA Ordinance 13 -1 requires industrial and commercial discharges to be managed under a permit. Please see the SCRWA Ordinance at: http: / /ca- gilroy.civicplus.com /232 /Sewer- Ordinance. (FP -2) 82. All new commercial and industrial buildings shall have a sewer test manhole installed on the property (see City Specifications) and in an area that can be readily accessed by an inspector, (minimum of one for each building). For tenants with industrial waste treatment systems, a separate sewer test manhole may be required. (FP -3) 83. For Restaurants and Food Preparation /Processing when an in- ground grease /oil interceptor is required, it shall be shown and specifications included on the Building Permit Plans. In- ground interceptors shall have a test manhole /inspector box located immediately after the grease interceptor. The grease interceptor shall not be blocked but shall be accessible for RESOLUTION NO. 2018-27 service /inspection. Exterior interceptors in drive areas shall be traffic rated. (FP -4) 84. For Food Facilities, Grocery Stores and other sites with food waste: Trash Enclosures are required to be covered with a non - combustible roof where there are food wastes and /or grease generated. They shall provide room for tallow bins, as well as garbage and recycling. Floors of trash enclosures shall not drain to the front of the enclosure. The enclosure shall be maintained clean using dry cleaning methods. The trash enclosure shall be secured against unauthorized use (i.e. doors shall be lockable). (FP -5) 85. Apartment Building shall have a fire sprinkler system installed to meet NFPA 13R with all concealed spaces protected if 3 stories or less, or NFPA 13 if 4 or more stories. A separate plan review and permit are required for fire sprinkler system installation. (FP -6) 86. The Fire alarm system shall provide water flow monitoring for each floor level, a tamper switch at the DDCA and PIV (if one is present), a pull station and smoke detector at the riser location. Water flow shall cause alarm to sound in each unit. The smoke detection and CO monitoring shall only sound in the unit of alarm and as a supervisory alarm to the main office. Public areas including the community rooms, laundry rooms hallways shall have smoke detectors located in them and send an alarm to the central station. A separate plan review and permit are required for the fire alarm system. (FP -7) 87. Elevator must be at least a 35001b capacity elevator, able to accommodate a Gilroy gurney size of 80" x 25" as well as 2 EMS responders. (FP -8) 88. Emergency lighting shall be provided in any community rooms, commercial areas, laundry rooms, stairwells and hallways /corridors. These areas shall also have illuminated exit signage. (FP -9) 89. All doors to be compliant for signage, direction of swing and hardware. Note the some community rooms may be A occupancies and shall have exiting in conformance with A occupancy standards. (FP -10) 90. Knox Boxes shall be provided at: each stairwell, Fire Riser Room, Fire Alarm Panel location, Electrical Room and each commercial space. To be located at the upper right hand side of the main doorway to each. Each of these shall be provided with Signage that is approved by the Fire Marshal. (FP -11) ENGINEERING GENERAL CONDITIONS 91. The project is subject to the City's Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. Payment of Street Tree RESOLUTION NO. 2018 -27 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 7/1/2018. (PW -1) 92. 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 at building permit stage. (PW -2) 93. 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, 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. (PW -3) 94. All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. (PW-4) 95. The trash enclosure shall be connected to the SS system. (PW -5) 96. 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. (PW -6) 97. 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. (PW -7) RESOLUTION NO. 2018 -27 98. All work shown on the improvement plans, if applicable, shall be inspected. Uninspected work shall be removed as deemed appropriate by the Public Works Director. (PW -8) 99. 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. (PW -9) 100. 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. (PW -10) 101. 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. (PW -11) 102. 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. (PW -12) ENGINEERING SPECIAL CONDITIONS 103. The project is making new utility lateral cuts on newly constructed 3rd street. The project shall slurry seal 3rd street along the project frontage. (PW -13) 104. This project is subject to post- construction stormwater quality requirements per Chapter 27D of the Gilroy Municipal Code. (PW -14) a. At building /grading permit stage, project shall submit a design level Stormwater Control Plan Report to include an exhibit of the proposed site conditions which clearly delineates impervious and pervious areas on RESOLUTION NO. 2018-27 site. Provide a separate hatch or shading for landscaping /pervious areas on -site including those areas that are not bioretention areas. b. At building /grading permit phase, submit the final signed Performance Requirement Certifications specified in the Stormwater Guidance Manual. c. Stormwater BMP Operation and Maintenance Agreement i. Prior to the issuance of the first building permit, the Developer of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City. The City shall record this agreement, against the property or properties involved, with the County of Santa Clara and it shall be binding on all subsequent owners of land served by the storm water management treatment BMPs. The City- standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. ii. This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity. iii. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and /or repair work and to recover the costs from the owner. iv. All on -site stormwater management facilities shall be operated and maintained in good condition and promptly repaired /replaced by the property owner(s), 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 Control 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. RESOLUTION NO. 2018 -27 Written records shall be kept of all inspections and shall include, at minimum, the following information: 1) Site address; 2) Date and time of inspection; 3) Name of the person conducting the inspection; 4) List of stormwater facilities inspected; 5) Condition of each stormwater facility inspected; 6) Description of any needed maintenance or repairs; and 7) As applicable, the need for site re- inspection. e. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1st for the Fall report, and no later than March 15th of the following year for the Winter report. (End of Exhibit A) RESOLUTION NO. 2018 -27 ATTACHMENT B Hecker Pass Commercial Architectural and Site Review #AS 17 -02 (17010029) Mitigation Monitoring Program Note: This mitigation monitoring program shall supersede any other mitigation monitoring program adopted for the project or project site. Introduction CEQA Guidelines section 15097 requires public agencies to adopt reporting or monitoring programs when they approve projects subject to an environmental impact report or a negative declaration that includes mitigation measures to avoid significant adverse environmental effects. The reporting or monitoring program is to be designed to ensure compliance with conditions of project approval during project implementation in order to avoid significant adverse environmental effects. The law was passed in response to historic non - implementation of mitigation measures presented in environmental documents and subsequently adopted as conditions of project approval. In addition, monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures. A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measure's compliance. This monitoring program is designed to provide a mechanism to ensure that mitigation measures and subsequent conditions of project approval are implemented. Monitoring Program The basis for this monitoring program is the mitigation measures included in the Hecker Pass Specific Plan EIR. These mitigation measures are designed to eliminate or reduce significant adverse environmental effects to less than significant levels. These mitigation measures become conditions of project approval, which the applicant is required to complete. These mitigation measures have been modified to be consistent with the Santa Clara Valley Habitat Plan, which was adopted after adoption of the mitigation monitoring program for the Hecker Pass Specific Plan. The attached checklist is for monitoring the implementation of the mitigation measures. This monitoring checklist contains all appropriate mitigation measures in the EIR, as modified. RESOLUTION NO. 201 5 -27 Monitoring Program Procedures The City of Gilroy shall use the attached monitoring checklist for the Hecker Pass Commercial subdivision. The monitoring program should be implemented as follows: 1. The Gilroy Community Development Department is responsible for coordination of the monitoring program, including the monitoring checklist. The Community Development Department should be responsible for completing the monitoring checklist and distributing the checklist to the responsible individuals or agencies for their use in monitoring the mitigation measures; 2. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring checklist have been complied with. Once all mitigation measures have been complied with, the responsible individual or agency should submit a copy of the monitoring checklist to the Community Development Department to be placed in the project file. If the mitigation measure has not been complied with, the monitoring checklist should not be returned to the Community Development Department; 3. The Community Development Department will review the checklist to ensure that appropriate mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with at the appropriate time, e.g. prior to issuance of a use permit, etc. Compliance with mitigation measures is required for project approvals; and 4. If a responsible individual or agency determines that a non - compliance has occurred, a written notice should be delivered by certified mail to the project proponent within 10 days, with a copy to the Community Development Department, describing the non - compliance and requiring compliance within a specified period of time. If non - compliance still exists at the expiration of the specified period of time, construction may be halted and fines may be imposed at the discretion of the City of Gilroy. RESOLUTION NO. 2018-27 Hecker Pass Commercial Monitoring Checklist Step 1 — Prior to Approval of Arch & Site Review Application The following mitigation measure shall be implemented: Mitigation Measure N -1 The bocce ball court shall be located within an area with acceptable noise levels, which is 65 DB Ldp or less. a. Prior to approval of the Architectural and Site Review application, the applicant shall prepare an alternative site plan that locates the bocce ball court a minimum of 165 feet from the centerline of Hecker Pass Highway. Party Responsible for Implementation: Hecker Pass Commercial LLC Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: Step 2 - Prior to Issuing a Grading Permit The following mitigation measures shall be implemented: Mitigation Measure AQ -3 The following construction equipment parameters shall be included on all grading and building plans, subject to review and approval by the Building Division: a. All mobile diesel - powered off -road equipment larger than 25 horsepower and operating on the site for more than two consecutive days shall meet, at a minimum, U.S. EPA particulate matter emissions standards for Tier 2 engines or equivalent that also includes CARB- certified Level 3 Verified Diesel Emission Control Strategies (VDECS) or Diesel Particulate Filters meeting these requirements. Note that U.S. EPA Tier 4 equipment is considered to meet this measure. Applicant and /or construction contractor shall be responsible for submitting an equipment data list and operations timeframes to the Building Division prior to commencement of grading operations, and updating the information each week that there is a RESOLUTION NO. 2018 -27 change. For each piece of equipment, the list shall include: CARB identification number, type of equipment (grader, dozer, etc.), emissions classification of equipment (Tier 2, filter type, etc.), compliance or non- compliance with emissions requirements above, and proposed operation schedule. b. Include conspicuous signage at the construction site entry and on -site construction office reiterating idle time limits on all diesel - fueled off -road vehicles to five minutes, as required by Title 23, Section 2449, of the California Code of Regulations ( "CARB Off -Road Diesel Regulations "). c. Eliminate the use of portable diesel equipment (e.g., generators) within 200 feet of project boundaries by providing electrical service at the site during the initial construction phase. Alternatively, use propane or natural gas powered equipment if electricity is not available. Weekly monitoring reports detailing compliance with the measures described above shall be submitted by the applicant to the Building Division during all phases of construction. The Building Division shall ensure this has occurred prior to issuance of an occupancy permit. Party Responsible for Implementation: Meritage Homes Party Responsible for Monitoring: Gilroy Building Division Monitoring Notes: Mitigation Measure 13I0-1 (HPSP Policy 5 -44) Pre - construction surveys for protected birds shall be conducted for improvements or development proposed in or adjacent to potential nesting habitat (i.e., riparian woodland) if development is proposed during the nesting and /or breeding season of raptors (generally March through August). If any active nests are found within the survey area, at the discretion of the biologist, clearing and construction within 250 feet shall be postponed or halted until nests are vacated and juveniles have fledged, and there is no evidence of a second attempt at nesting. Party Responsible for Implementation: Hecker Pass Commercial LLC Party Responsible for Monitoring: Gilroy Planning Division RESOLUTION NO. 2018-27 Monitoring Notes: Mitigation Measure 13I0-2 (Consolidated Landscaping Policy) Prior to issuance of a grading permit, the applicant shall submit a final tree replacement plan to mitigate for proposed tree removals. The final plan shall identify the species, size, numbers, and locations for the replacement trees, and will be subject to review and approval by the Planning Manager. The tree replacement plan shall be implemented with construction of the project. Party Responsible for Implementation: Hecker Pass Commercial LLC Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: Mitigation Measure BIO -3 (HPSP Policy 7 -9) Prior to the commencement of grading or construction activities, the protected zone of any tree or group of trees to be retained should be fenced to prevent injury to the trees during construction under the supervision of an arborist. Soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and /or dumping of materials shall not be allowed within the protected zone. The fencing shall remain in place until all construction activities are complete. Party Responsible for Implementation: Hecker Pass Commercial, LLC Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: RESOLUTION NO. 2018 -27 Mitigation Measure GEO -1 Prior to issuance of a grading permit, the applicant shall have a supplemental geotechnical report prepared and shall have additional boring samples taken within the current project footprint on the site. All recommendations shall be incorporated into the grading and building plans as appropriate, subject to review and approval by the Building Division. Party Responsible for Implementation: Hecker Pass Commercial, LLC Party Responsible for Monitoring: Gilroy Building Division Monitoring N Mitigation Measure GEO -2 Prior to issuance of a grading permit for the Agri- tourist Commercial site, the project applicant shall prepare an erosion control plan consistent with the City's erosion control ordinance. The plan shall be subject to review and approval of the City of Gilroy Engineering Division and its implementation by project applicant shall be monitored by the City. Party Responsible for Implementation: Hecker Pass Commercial, LLC Party Responsible for Monitoring: Gilroy Engineering Division Monitoring Notes: RESOLUTION NO. 2018 -27 Mitigation Measure U -1 Storm water detention shall be designed to prevent an increase in the 2- year, 10 -year and 100 -year peak discharge for the project area (refinement of existing HPSP policy 8 -6), and consistent with the City of Gilroy Storm Water Management Guidance Manual For Low Impact Development & Post - Construction Requirements (March 6, 2014). The design is subject to review and approval by the Engineering Division, prior to issuance of a grading permit. Party Responsible for Implementation: Hecker Pass Commercial LLC Party Responsible for Monitoring: Gilroy Engineering Division Monitoring Notes: Step 3 — Prior to Issuing a Building Permit The following mitigation measures shall be implemented: Mitigation Measure AQ -1 Prior to issuance of building permits, subject to review and approval by the City Planning Division, the applicant shall provide to the city details of a proposed vehicle reduction program for future employees of the project utilizing the Bay Area Commuter Benefits Program, 511.org rideshare program, or other local commuter benefits program. Party Responsible for Implementation: Hecker Pass Commercial LLC Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: RESOLUTION NO. 2018 -27 Mitigation Measure AQ -2 Prior to issuance of building permits, subject to review and approval by the City Planning Division, the applicant shall provide to the city details of a proposed green waste diversion program, which will include on -site composting, for the Agri- tourist Commercial development consistent with the 2017 BAAQMD Clean Air Plan control measure WA3. Party Responsible for Implementation: Hecker Pass Commercial LLC Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: Mitigation Measure N -2 The developer shall design all residential live -work units with air conditioning or mechanical ventilation, which shall be included on the building plans, prior to issuance of a building permit, subject to review and approval by the Building Division and the Planning Division. Party Responsible for Implementation: Hecker Pass Commercial, LLC Party Responsible for Monitoring: Gilroy Building Division Monitoring Notes: Step 4 — When Determined Necessary by the Engineering Division RESOLUTION NO. 2018 -27 The following mitigation measures shall be implemented: Mitigation Measure T -1 HPSP EIR Mitigation Measure #18. Prior to issuance of the 75th building permit within the Specific Plan area, applicants for projects within the specific plan area shall be responsible for improving Hecker Pass Highway immediately west of Santa Teresa Boulevard to include a second westbound travel lane. The second westbound travel lane on Hecker Pass Highway, and the appropriate lane -drop taper consistent with Caltrans' Standards, should extend as far as possible beyond (west of) Santa Teresa Boulevard as can be accommodated within the existing public right -of -way, with the design subject to approval by the City Engineer in his /her reasonable discretion. Applicants shall coordinate with the City of Gilroy Engineering Division to design and implement the widening project. Removal of deodar cedar trees along the highway must be avoided wherever possible and improvements must be consistent with State scenic highway guidelines. Traffic signal modifications should be made to the intersection of Santa Teresa Boulevard and First Street/Hecker Pass Highway to add vehicle detection for the second eastbound through lane. However, implementation of this measure may not be feasible without either a) removal of deodar cedar trees within the Caltrans right -of -way along the southern side of the highway, which is an historic resource listed on both the national and state registers, or b) significantly cut into the hillside on the northem side of the highway, which would require construction of a retaining wall. The City of Gilroy is currently processing a request from the specific plan property owners to amend the Hecker Pass Specific Plan, which includes among other changes, elimination of this mitigation measure. If the proposed project is approved, building permits for the residential units could not be issued until the mitigation measure is implemented, or the specific plan amendment request that includes elimination and /or modification of the measure, is approved. Party Responsible for Implementation: Hecker Pass Commercial LLC Party Responsible for Monitoring: Gilroy Engineering Division Monitoring Notes: RESOLUTION NO. 2018 -27 Mitigation Measure T -2 HPSP EIR Mitigation Measure #19. Prior to issuance of the 75th building permit within the Specific Plan area, applicants for projects within the specific plan area shall be responsible for shoulder improvements to Hecker Pass Highway, per Caltrans' standards, between Santa Teresa Boulevard and the easterly limits of the planned Caltrans Was Creek Bridge Improvement project. Applicants shall coordinate with the City of Gilroy Engineering Division to design and implement the shoulder improvements. Removal of deodar cedar trees along the highway must be avoided wherever possible and improvements must be consistent with State scenic highway guidelines. However, implementation of this measure may not be feasible without either a) removal of deodar cedar trees within the Caltrans right -of -way along the southern side of the highway, which is an historic resource listed on both the national and state registers, or b) significantly cut into the hillside on the northern side of the highway, which would require construction of a retaining wall. The City of Gilroy is currently processing a request from the specific plan property owners to amend the Hecker Pass Specific Plan, which includes among other changes, elimination of this mitigation measure. If the proposed project is approved, building permits for the residential units could not be issued until the mitigation measure is implemented, or the specific plan amendment request that includes elimination and /or modification of the measure, is approved. Party Responsible for Implementation: Hecker Pass Commercial LLC Party Responsible for Monitoring: Gilroy Engineering Division Monitoring Step 5 — Prior to Approval of an Alternate Site Plan The following mitigation measures shall be implemented: Mitigation Measure N -1 RESOLUTION NO. 2018 -27 The bocce ball court shall be located within an area with acceptable noise levels, which is 65 DB Ldn or less. b. Should the applicant decide to move the bocce ball court to an alternate location onsite after construction and operation of the Hecker Pass Highway/Third Street roundabout, the applicant shall submit an application to modify the Architectural and Site Review approval. In order to move the bocce ball court closer than 165 feet from the centerline of Hecker Pass Highway, the applicant shall pay for the City to prepare an updated noise analysis to determine whether the roundabout will reduce projected traffic noise on the highway to the level that the bocce ball court would not need to be setback 165 feet. Based on the findings of the noise analysis, the bocce ball court could be relocated to an alternate area with acceptable noise levels, subject to the review and approval of the Planning Division. Party Responsible for Implementation: Hecker Pass Commercial LLC Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: (End of Exhibit B) RESOLUTION NO. 2018 -27 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2018 -27 is an original resolution, or true and correct copy of a city Resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 2 n day of July, 2018, 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 P day of July, 2018. ShaZvn-zCVreels, MMC City Clerk of the City of Gilroy (Seal)