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Resolution No. 2014-04 | Tentative Map (TM 13-08) Glen Loma Ranch | Adopted 04/03/2014RESOLUTION NO. 2014-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY RECOMMENDING APPROVAL OF TENTATIVE MAP TM 13-08, CREATING 369 SINGLE-FAMILY RESIDENTIAL LOTS, 9 PUBLIC OPEN SPACE LOTS, 59 PRIVATE OPEN SPACE LOTS, 11 LOTS FOR FUTURE DEVELOPMENT, AND ASSOCIATED PUBLIC AND PRIVATE STREETS, FOR PROPERTY LOCATED WITHIN THE GLEN LOMA RANCH SPECIFIC PLAN AREA, NORTHEAST OF SANTA TERESA BOULEVARD, WEST OF GREENFIELD DRIVE, AND SOUTHWEST OF UVAS CREEK, APNS 808- 43-001, 002, 003, and 005; 808-18-003, 014, 015, 016, 017, and 018; 808- 19-016, 018, AND 019, FILED BY THE 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 309-acre site into 369 single-family lots, 9 public open space lots, 59 private open space lots, 11 lots for future development, 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, west of Greenfield Drive, and southwest of Uvas Creek; and WHEREAS, the Planning Commission of the City of Gilroy has considered the tentative map (TM 13-08), 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, the Planning Commission finds the tentative map conforms to the City's General Plan and elements thereof, including the "Glen Loma Ranch Specific Plan" and the "Neighborhood District Policy"; and WHEREAS, an environmental impact report (EIR) was prepared for this site as part of the review of application GPA 00-01, and, due to the modifications proposed as part of the current design, an addendum to the certified EIR has been prepared; and WHEREAS, the addendum EIR determined that no new impacts will occur due to the proposed project redesign, and, therefore, the certified EIR is sufficient to address the Resolution No. 2014-04 Page 2 environmental effects of the proposed project, and therefore, no further environmental analysis is required by the California Environmental Quality Act; and WHEREAS, a mitigation monitoring and reporting plan has been prepared, consistent with the certified EIR; and WHEREAS, the Planning Commission finds, afterdue 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 finds 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Gilroy hereby recommends to the City Council the approval of the tentative map and adopt the mitigation monitoring and reporting plan, subject to the following conditions: Resolution No. 2014-04 Page 3 PLANNING DIVISION CONDITIONS 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. Approval of TM 13-06 is subject to the applicant receiving approval of Zone Change application Z 14-01. 4. The Final Map shall substantially comply with the Tentative Map prepared by Ruggeri Jensen Azar, dated October 8, 2013 (with a last revised date of March 20, 2014) and stamped approved, except as modified by the City Council' s approval of this application and the conditions of approval. 5. 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. 6. 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. 7. The applicant shall reimburse the City for all consultant costs and staff time spent processing tentative map application TM 13-08 and Z 14-01 in excess of fees paid to date prior to final map approval. 8. Prior to the approval of the final map and final grading plans for the Wild Chestnut neighborhood, the applicant shall have a qualified archaeologist conduct a survey and delineate Archaeological Site CA-SCL-243, in the vicinity of The Glen and Resolution No. 2014-04 Page 4 Canyon Creek neighborhoods north of W. Luchessa Avenue, onto the respective Phase 1 Tentative Map preliminary grading sheets. This copy of the TM grading plans with the archaeology delineation shall be marked "Exempt from the Public Records Act - Not Available for Public Review." The archaeologist shall identify further recommendations, if any, which may include but not be limited to, archaeological monitoring during earth moving activities for these neighborhoods, within a specified distance of the archaeological site. Mitigation Measures 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. 9. 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; • 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. Resolution No. 2014-04 Page 5 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. 10. 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). 11. 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 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). 12. 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). 13. 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 Resolution No. 2014-04 Page 6 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/orthe 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. 14. 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 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). 15. Priorto commencement of construction activities associated with Reservoir Canyon Creek Bridge, the project proponent responsible for construction of the bridge shall arrange for a qualified biologist to monitor bridge construction activities to ensure Resolution No. 2014-04 Page 7 there are no impacts to wetlands and associated oak/riparian woodland habitat (corresponds to EIR Mitigation Measure 10). 16. Prior to recordation of the first final map within the Glen Loma Ranch Specific Plan area, the project proponent shall ensure that a suitable ownership structure (i.e., homeowner's association or similar mechanism) is established priorto occupancyto take long-term responsibility for maintaining and funding the ongoing management of any open space, woodland, vegetated riparian, or other habitat conservation easements on site. The homeowners' association, or other suitable mechanism, shall be structured so that it is responsible for enforcing habitat protection and maintenance measures to protect onsite biological resources. The homeowners' association may assess fines to property owners who are non -compliant with these measures. Fines assessed by the homeowner's association shall be used for on - site habitat protection, maintenance, and restoration, as necessary. Any noncompliance shall be reported to the City of Gilroy Planning Division and the California Department of Fish and Game by the homeowners association (corresponds to EIR Mitigation Measure 11). 17. 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). 18. 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). 19. 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 bythe 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 Resolution No. 2014-04 Page 8 waters of the U.S. and wetlands resulting from development activities (corresponds to EIR Mitigation Measure 15). 20. 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). 21. 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). 22. 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 protected zone. The fencing shall remain in place until all construction activities are complete (corresponds to EIR Mitigation Measure 19). 23. 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). 24. 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 priorto the issuance of building permits (corresponds to EIR Mitigation Measure 21). 25. 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. Resolution No. 2014-04 Page 9 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). 26. 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 SWPPP that uses storm water "Best Management Practices' to control runoff, erosion and sedimentation from the site. The SWPPP 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). 27. 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). 28. 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 priorto the approval of final improvement plans, that shall include structural and non-structural best management practices (BMPs) for the reduction of pollutants in storm water to the maximum extent practicable (corresponds to EIR Mitigation Measure 26). 29. 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. Resolution No. 2014-04 Page 10 30. 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. 31. 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). 32. Convert the Thomas Road/Luchessa Avenue intersection to a one -lane modern roundabout (corresponds to EIR Mitigation Measure 33). NV 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 peak hour. The 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. 33. 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. Resolution No. 2014-04 Page 11 34. Add a northbound left turn lane to the Uvas Park Drive/Miller Avenue intersection. 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 (corresponds to EIR Mitigation Measure 35). Prepare a traffic management plan of the Miller Avenue street section southwest of the intersection with Uvas Park Drive. The project proponent shall be responsible for preparation of the plan. The plan shall be subject to review and approval by the City staff and constructed by the project, prior to issuance of the first building permit in Phase II 35. Add second eastbound and westbound left turn lanes to the Santa Teresa Boulevard/First Street intersection (corresponds to EIR Mitigation Measure 37). The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, priorto the issuance of the first building permit in Phase III. 36. The applicant shall design and construct a two-lane roundabout (ultimate condition) at Santa Teresa Boulevard/West Luchessa Avenue/Ballybunion Drive. 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 in the Wild Chestnut or Home Ranch neighborhoods in Phase 1 (corresponds to EIR Mitigation Measure 38). 37. Signalize the Uvas Park Drive/Miller Avenue intersection and add northbound and southbound left -turn lanes (corresponds to EIR Mitigation Measure 39). 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 III. Note: This intersection would operate at LOS C during the AM and PM peak hours with implementation of this improvement. However, under General Plan Buildout Conditions, the Tenth Street Bridge would be required to be constructed. With the Tenth Street Bridge, this intersection would operate at LOS A during the AM peak hour and LOS C during the PM peak hourwith NO improvements, e.g. signalization and lane additions. Therefore, the mitigation measure identified above would not be required under General Plan Buildout Conditions, assuming the Tenth Street Bridge were constructed. Resolution No. 2014-04 Page 12 One option would be to only add the northbound left -turn lane as recommended in the previous scenario (Background Plus Project Phases I and II) and consider LOS E as an acceptable short term level of service for this intersection. Another option is to implement the mitigation measure above (signalize the intersection and add the left -turn lanes, which would improve operations to LOS C during the AM and PM peak hours), with the knowledge that the signal could be removed once the Tenth Street Bridge is constructed at General Plan Buildout Conditions. 38. If the Thomas Road/Luchessa Avenue intersection was converted to a one lane modern roundabout, add a second lane to the roundabout and widen the Luchessa Avenue Bridge to four lanes. This would result in LOS A during both the AM and PM peak hours (corresponds to EIR Mitigation Measure 41). xv If the Thomas Road/Luchessa Avenue intersection was signalized and a northbound right turn lane was added, add a second westbound left turn lane and westbound through lane and widen the Luchessa Avenue Bridge to four lanes. 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 III. 39. Add second northbound and westbound left turn lanes at the Monterey Street/Luchessa Avenue intersection (corresponds to EIR Mitigation Measure 43). 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 III. 40. Add an eastbound and westbound through lane on First Street at its intersection with Santa Teresa Boulevard (corresponds to EIR Mitigation Measure 44). 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 III. 41. 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): Resolution No. 2014-04 Page 13 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. 42. In the event of an accidental discovery or recognition of any human remains in any location otherthan 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. 43. 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 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). Resolution No. 2014-04 Page 14 44. The Glen Loma Ranch Homeowner's Association shall take full responsibility for management and maintenance of the preserved open space areas within the project site. Seasonal vegetation management should be scheduled to occur at the end of the rainy season and consistent with the annual weed abatement resolution. The HOA should implement any vegetation management in the Preserved Open Spaces and Fuel Transition Zones at the beginning of the weed abatement season. This language shall be included in the HOA conditions, covenants, and restrictions (corresponds to EIR Mitigation Measure 52). ENGINEERING DIVISION CONDITIONS 45. The developer shall pay all city and other related fees that the property is subject to. These fees shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with the Glen Loma Ranch Development Agreement [ordinance 2005-221 and in accordance with city policy. 46. 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. unless otherwise approved in writing by the City Engineer for general construction activity. No work shall be done on Sundays and City Holidays. The City Engineerwill apply additional construction period restrictions,'as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. 47. Until such time as the Improvements are accepted by the City, the Developer shall be responsible for and bear the risk of loss to any of the Improvements constructed or installed. 48. Until such time as individual tract improvements are fully completed and accepted by the City, the Developerwill be responsible forthe care, maintenance of, and any damage to such Improvements. The 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 specified 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. 49. 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. 50. The developer shall construct all work shown on the improvement plans in conformance with those plans, subject to the inspection by and approval of the Resolution No. 2014-04 Page 15 Public Works Department. The contractor shall remove all uninspected work at the developer's/contractor's expense, as deemed appropriate by the City Engineer. 51. The developer shall be required to obtain a City of Gilroy encroachment permit for all work (i.e. sidewalk, curb, gutter, driveway, roadway, alley, etc.) in the City right of way. 52. No utility boxes are allowed to be constructed in the sidewalk without prior written approval by the City Engineer. 53. The project design engineer shall confirm by letter each lot pad grading elevation prior to issuance of the building permit for that lot and the project design engineer shall confirm by letter each final lot Swale grading prior to building final. 54. The developer shall set a minimum of one exterior monument. Additional monuments may be required by the City Engineer or City Surveyor as deemed necessary. 55. Storm and sewer lines in private areas shall be privately maintained unless approved by the City Engineer in writing. 56. Location of monuments shall be tied out prior to work. Any City monuments damaged, displaced ordestroyed shall be replaced at the developer's sole expense. 57. At least one week prior to commencement of work, the developer shall post 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 Department, 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. 58. The developer shall place new and existing utility lines, appurtenances, and associated equipment, including but not limited to electrical transmission, street lighting conduit and boxes, and cable television appurtenances underground in accordance with Section 21, Article V of the Gilroy City Code. Regarding the pole and lines at the south property corner, near the terminus of Greenfield Drive, which extend to the vicinity of Mesa Road: complete removal, in lieu of undergrounding, of this facility will be performed upon the completion of the Santa Teresa/Miller roundabout and energizing of the system at the intersection of Santa Teresa Boulevard and Miller Avenue. One exception will require careful removal or cut -back of the power pole most close to the intersection of Oak Brook Way at Greenfield Resolution No. 2014-04 Page 16 Drive. A healthy oak tree has grown around the power pole. Care should be taken to preserve the oak tree. The power pole may need to be cut to a reasonable height to remove its visual impact but not harm the tree. 59. As part of the first submittal for Final Map, the developer shall submit vector based electronic files readable by AutoCAD and in PDF format. Additionally, after the Final Map and Improvement Plans have been found to be technically correct and in substantial conformance with the Tentative Map, the developer shall again submit vector based electronic files readable by AutoCAD and in PDF format. 60. The developer shall submit an estimate of the probable cost of developer -installed improvements shown on the improvement plans, along with the joint trench improvements shown on the composite plan, with the first Improvement Plan/Final Map. The probable costs will be the basis for calculating the fees and bonds required for the project. The developer shall also submit payment for all applicable fees and bonds and enter into an improvement agreement prior to Final Map recordation. 61. Improvement plans are required for all developer -installed improvements prior to final map approval. Prior to Final Map approval and approval of the Improvement Plans, the following items will need to be completed: a. The developer shall provide joint trench composite plans forthe underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground.) b. 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. c. A note shall be placed on the JT composite plans which states that the composite plan agrees with City Codes and Standards and that no underground utility conflict exists. d. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the City. e. 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. 62. Prior to tract acceptance or approval of phased production of the dry utilities in the field, the developer shall submit a professional, engineer -signed and PG&E - approved, original electric plan. Resolution No. 2014-04 Page 17 63. The developer shall demonstrate acceptable fire hydrant fire flow tests for the highest hydrant in each water pressure zone priorto acceptance of the public water system, phased production, or any building permit finals (add to general notes on Plan Title sheet). 64. In the event it is necessary to acquire offsite easements or street right-of-way, the owner shall enter into an agreement with the City prior to Final Map approval agreeing to pay all condemnation costs, for dedication of all required easements or street right-of-way. This agreement shall be recorded and require the owner to deposit all condemnation costs with the City within 21 days of Final Map approval. The owner shall agree to provide an initial cash deposit as determined by the City. 65. Once the tentative map is approved, the developer shall submit an 8-1/2 X 11-inch site plan to the Engineering Division to assign addressing which shows the following: tract name and number, lot number, street names, property lines, right-of- way lines, north arrow and curb cuts for driveway. 66. The developer/contractor shall make accessible any or all City utilities as directed by the City Engineer. 67. An all-weather access and water system acceptable to the City Engineer and the Fire Chief shall be in place priorto commencement of construction with combustible materials. 68. The developer shall submit two conforming mylar copies of the final map to the City along with an electronic copy, prior to approval of the final map. 69. The developer shall clearly identify on the improvement plans and plot plans those lots requiring a sanitary sewer backflow preventer or a pressure reducer concurrent with plan submittal. 70. Improvement plans shall also identify the water pressure zone for each lot and distribution system water pipe. 71. The developer shall create a construction staging plan that addresses the ingress and egress location for all construction vehicles, parking and material storage area. This plan shall be subject to review and approval by the Engineering Department prior to the issuance of a grading permit. 72. The developer shall provide security fencing, to the satisfaction of the City Engineer around the site during construction of the project. 73. The developer shall locate stationary noise -generating equipment as far away from existing residences as feasible. Resolution No. 2014-04 Page 18 74. The developer shall submit a conceptual planting and irrigation plan concurrent with the improvement plans requiring such improvements, subject to Planning and Engineering Division approval. 75. Construction documents and maps submitted for the improvements shown on this Tentative Map shall be prepared in conformance with applicable published standards, codes, and regulations as adopted by the City of Gilroy City Council (City), or other agencies with jurisdiction over the project, at the time of tentative map approval. In the event that there are conflicts between the City's adopted standards, codes, or regulations and those of other jurisdictions, or the improvements incorporated into the tentative map, the Applicant shall work with the Public Works Director and the Community Development Director to resolve the conflict, to the greatest extent practical, to meet the intent of the City's adopted standards, codes, or regulations. 76. Add following note to improvement (civil) plan title sheet above City Engineer's signature block: GENERALAPPROVALNOTE Approval of these plans does not release the developer from correction of mistakes, errors, or omissions contained therein. If, during the course of construction, the public interest requires a modification or a departure from the City Specification or the approved plans, the City shall have the authority to require such modifications or departure and specify the manner in which the same is to be made. 77. The developer shall install a recycled water pipeline in the locations shown on the tentative map. All oversizing, if any, shall be reimbursed by the SCVWD under a separate reimbursement agreement. 78. The developer shall install a Zone 1 potable water main in Tenth Street within the project site. The main will be stubbed at the end of the Tenth Street improvements constructed with this tentative map, for future connection of the waterline to be installed with the future Tenth Street bridge. 79. Plans shall conform to currently -adopted city of Gilroy storm drain standards in effect at the time of tentative map approval, with the exception that side -entry inlets shall be used. 80. The developer shall install a 0.71 MG storage tank or as otherwise reasonably determined by further engineering analysis and approval by the Director of Public Works at Reservoir F prior to the last water pressure zone 2 building final in Phase 1. If such improvements are determined necessary, the share of the cost of such improvements shall be determined based on the ratio of the build -out demands between Glen Loma Ranch Zone II lands and any other future users accounted for in the engineering analysis. Resolution No. 2014-04 Page 19 81. The developer shall upgrade Booster Station 5's firm capacity to 2,000 gpm, and total capacity to 3,000 gpm or as otherwise reasonably determined by further engineering analysis and approved by the Director of Public Works. The upgrade shall be operational prior to the 2001h pressure Zone II building final or as otherwise reasonably determined by the Public Works Director. If such improvements are determined necessary, the share of the cost of such improvements shall be determined based on the ratio of the build -out demands between Glen Loma Ranch Zone II lands and any other future users accounted for in the engineering analysis. 82. The Developer shall be responsible for construction of offsite trails as referenced on the Glen Loma Ranch Conditions of Approval Offsite Trail Improvements exhibit prepared by RJA, dated March 10, 2014. The Santa Teresa offsite trail shown on the exhibit shall be constructed concurrent with the Santa Teresa Trail along the frontage of the Vista Bella neighborhood. The Christmas Hill Park offsite trail will be constructed concurrent with the Reservoir Canyon trail to Christmas Hill Park with the future Phase II improvements. 83. Grading, erosion control and drainage plans are required and shall be subject to the review and approval of the Engineering Division prior to Final Map and/or Improvement plan approval. 84. All grading operations and soil compaction activities shall be per the approved project geotechnical report that was prepared for the design of the project and shall meet with the approval of the City Engineer. 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 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. 85. 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 City Engineer 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 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 shall be filed with the Regional Water Quality Control Board, with a copy provided to the Engineering Department before a grading permit will be issued. Resolution No. 2014-04 Page 20 86. The developer shall add a note to the Improvement Plans requiring the QSP to coordinate his or her inspections with the City's public works inspector during construction on an on -going basis. 87. All retaining walls shall be masonry and shall be a modular system and/or cast in place concrete with decorative surfacing when visible by the public. All site retaining walls are subject to the review and approval of the Planning, Building, and Engineering Divisions. Wood retaining walls shall not be permitted. 88. The wall design engineer shall confirm that the design of all retaining walls conforms to city codes and standards prior to wall construction. Retaining wall construction shall be conducted under the observation of, and tested by, a licensed structural, soils or geotechnical engineer as determined by the City Engineer. 89. All lots shall be designed to drain to the street for storm drainage unless otherwise approved by the City Engineer. 90. Stockpiles of debris, soil, sand or other materials shall be covered. 91. Grading shall be such that it does not encroach onto neighboring properties or impede any existing overland drainage from neighboring properties. 92. Prior to final map approval, the developer shall submit CC&Rs that set forth the homeowners' association responsibilities for the operation and maintenance of all onsite BMPs and detention basins, subject to the review and approval of the Public Works director. 93. Any damage resulting from project construction operations to existing city streets on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at the full expense of the developer/contractor. This shall include slurry seal, overlay, or street reconstruction if reasonably deemed warranted by the City Engineer. 94. Plans shall conform to revised LED City of Gilroy Street Light Standards E-1 through E-10. 95. All work is to be done in compliance with the City of Gilroy Specifications Standards and Design Criteria and is subject to all laws of this community by reference. Street improvements and the design of all storm drainage, sewer and water lines, and all street sections shall be in accordance with City Standards and shall follow the most current adopted master plan for streets and each utility as of the tentative map approval date. The developer shall provide full street, curb, gutter, sidewalk and electrolier improvements. Street section/design is to be per City Standards in accordance with the street sections shown on the tentative map. Resolution No. 2014-04 Page 21 96. Any work in the public right-of-way shall require a signing and striping plan and a traffic control plan prepared by a California -licensed, professional engineer with experience in preparing such plans. This plan shall be reviewed by a licensed traffic engineer. Where proposed improvements are an extension of an existing street and/or "conform" to existing, adjacent improvements, signing and striping plans shall be overlaid on an existing, current aerial and shall encompass the minimum areas indicated in the City's current policy. Traffic Control Plan shall be prepared in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices (MUTCD 2012). 97. New Street Improvement plans must include phased traffic control plans prepared in conformance with the latest version of the CA MUTCD (2012). Traffic control plans must be designed to address specific site/project conditions and must address each phase of work, particularly when phases alter traffic patterns and/or flow; examples, sample, or "typical' drawings are not allowed. Where proposed improvements are an extension of an existing street and/or 'conform" to existing, adjacent improvements, signing and striping plans shall encompass the minimum areas indicated in the City's current policy. 98. All temporary roads or detours shall have temporary asphalt paving unless otherwise approved by the City Engineer in writing. 99. The permanent street name sign shall be installed immediately after the curb and gutter construction is complete. 100. Street light layout shall be per City Standards and as directed by the Traffic Engineer. 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 be scheduled. No building permits will be issued without a Fire Improvement Plan review and Fire Flow Test administered by the Fire Marshal. 101. Emergency Vehicle Access ( EVA). A second EVA access shall be provided when streets serve 30 or more units. A second Emergency Vehicle Access is to provide a second means to the project area as a whole, and except for cul-de-sacs with less than 30 units, shall provide 2 means of access to individual units. Secondary Access does not need to serve as public access; however the roadway shall meet the City standard construction as a street (curb, gutter, sidewalk optional); be a minimum of 20 feet wide; support 80,OOOlbs; have 14 feet of clearance; have a slope no greater than 15%; and provide for a fire apparatus turning radius Resolution No. 2014-04 Page 22 acceptable to the Fire Marshal. Identify all Fire Access Roadways as EVA easements on final map. 102. No traffic calming is allowed unless approved by the Fire Chief and found to not adversely impact Fire response time and not to adversely impact Fire Department response apparatus/vehicles. 103. Gated Access Roadways shall be provided with an automatic opening system compatible with the Fire Department equipment as well as KNOX key over ride for Fire and Police access. Gates require a separate building permit and must be tested priorto being utilized to control traffic into an area. Temporary gates shall be provided with Fire Department KNOX locks. 104. Fire flow for the project shall be modeled for a minimum of 2,500 gpm for commercial fire flow, and 1,500 gpm for residential fire flow. Street Hydrants shall be spaced every 300 feet, and within 150 feet of any building. Off —site improvement plan shall provide Fire Hydrants per the City Standard. Hydrants shall be installed prior to commencement of construction with combustible materials. 105. All homes shall be provided with water laterals and meters sized to allow for a residential NFPA 13d fire sprinkler system. Off -site improvement plans shall show that all homes are provided with 1.5 inch water laterals and 1-inch meters sized to allow for a residential NFPA 13d fire sprinkler system. In some cases larger line sizes (2-inch) may be needed if the individual home lateral and distance to riser exceeds 150feet. In such cases a pressure / flow calculation is recommended. 106. 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 over 150 feet in length shall be provided with a cul-de-sac of 78 feet diameter. Parking restrictions shall be as follows: a. Less than 28 feet, b. Less than 36 feet, c. At or over 36 feet, no parking on either side no parking on one side. parking not restricted. 107. Where parking is restricted, it shall be posted with signs stating, "No Parking -Fire Lane' and curbs shall be painted red. Include the details in the off -site improvement plans. Red striping shall be provided when framing of the first building on a street commences and red striping shall be inspected and improved prior to the final sign off for the first building permit on a street. 108. 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. Resolution No. 2014-04 Page 23 109. Street names shall be shown on off -site improvement plans and building plans. Addresses shall be assigned by the City Engineering Section prior to improvement plan and building permit submittal. Street signage shall be installed before any on - site improvements (foundations or buildings) begin. 110. Roadways with sound -wall or fencing along the roadway shall provide view fencing whenever there is a cul-de-sac or dead end roadway abutting the sound-wall/fence. 111. Open spaces without irrigated landscaping shall be managed in conformance with an approved open space management plan. Site -wide fuels management as outlined in the"Glen Loma Ranch Wildfire Hazard Assessment' shall be completed within 100 feet of each neighborhood prior to issuance of the first building permit in each neighborhood. A Neighborhood Vegetation Management Plan shall be submitted with the improvement plans for review and approval. The Management Plan shall be implemented prior to the first building permit final in each neighborhood. This will include removal of undesirable vegetation and ground preparation for areas where fuels breaks will be implemented. A copy of the approved vegetation management plan for each neighborhood will be provided to each home purchaser in a given neighborhood. The agency providing weed abatement oversight shall also be provided with a copy of all approved vegetation management 112. Homes in the following neighborhoods will include built-in fire protection measures (Structure Hardening) as described in the "Glen Loma Ranch Wildfire Hazard Assessment' document [page 40 et. seq.]. These neighborhoods include: Home Ranch, Wild Chestnut, Nebiolo, Glen and Mataro, and any neighborhood adjacent to Christmas Hill Park or Uvas Creek with crown fire potential. The developer may present evidence supporting a setback from the wildland area where the treatments may be eliminated or may present information on selection of only specific treatments. Any exemptions from built-in fire protection measures shall be approved by the Fire Chief. 113. All storm drains shall be stenciled, and all watercourses and drainage basins will be provided with language stating "No Dumping' and language describing the need to protect storm water from pollutants. A description of storm water pollution prevention measures being implemented in the development shall be provided to each home purchaser. Resolution No. 2014-04 Page 24 PASSED AND ADOPTED this 3`d day of April 2014 by the following roll call vote: AYES: COMMISSIONERS: Fischer, Bannister, Kloecker, Lai, Sanford NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Gullen ATTEST: �g cl-� Susan L. Martin, Secretary