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Resolution 2005-05 RESOLUTION NO. 2005-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 04-08, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 4.8 ACRE SITE INTO A 16-PARCEL RESIDENTIAL SUBDIVISION LOCATED SOUTH OF SUNRISE DRIVE, WEST OF SANT A TERESA BOULEVARD, NORTH OF RODEO DRIVE DEAD-END, AND EAST OF CHEYENNE DRIVE DEAD-END, APN 783-20-016 WHEREAS, Rancho Meadows, Inc., the applicant, submitted TM 04-08, requesting a tentative map to subdivide an approximately 4.8 acre (209,088 square feet) site into a subdivision consisting of sixteen (16) residential parcels located south of Sunrise Drive, west of Santa Teresa Boulevard, north of Rodeo Drive dead-end, and east of Cheyenne Drive dead-end, APN 783-20- 016; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council on January 18, 2005, adopted a mitigated Negative Declaration for this project, the City Council finding that the Negative Declaration was completed in compliance with CEQA, that it reflects the independent judgment of the City, and that there is no substantial evidence in the record that the project as mitigated will have a significant effect on the environment; and WHEREAS, the Planning Commission held a duly noticed public hearing on January 6, 2005, at which time the Planning Commission considered the public testimony, the Staff Report dated December 20, 2004 ("Staff Report"), and all other documentation related to application TM 04-08, and recommended that the City Council approve said application with conditions; and WHEREAS, the City Council held a duly noticed public hearing on January 18, 2005, at which time the City Council considered the public testimony, the Staff Report, a follow-up Staff Report dated January 10, 2005, and all other documentation related to application TM 04-08; and WHEREAS, the location and custodian of the documents or other materials which IG801647487.1 01-012005-04706089 -1- Resolution No. 2005-05 constitute the record of proceedings upon which this project approval is based is the office of the City Clerk. SECTION I NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council hereby finds as follows: 1. The project is consistent with the land use designation for the property on the City's General Plan map and with the intent of the goals and policies of the General Plan. 2. The project IS consistent with the Zoning Ordinance, the City's Subdivisions and Land Development Code, and the State Subdivision Map Act. 3. Public utilities and infrastructure improvements needed to serve the proposed project are in close proximity. 4. The project is consistent with surrounding development. 5. There is no substantial evidence in the entire record that the proj ect as mitigated will have a significant effect on the environment. 6. There are no facts to support the findings requiring denial of the proposed tentative map pursuant to California Government Code section 66474. B. Tentative Map TM 04-08 should be and hereby is approved, subject to the thirty- three (33) conditions attached hereto as Exhibit A and incorporated herein by this reference, and the Negative Declaration dated December 8, 2004, and the ten (10) mitigation measures incorporated therein, and Mitigation Monitoring Program, attached hereto as Exhibit B and incorporated herein by this reference. \G80\647487.1 01-012005-04706089 -2- Resolution No. 2005-05 PASSED AND ADOPTED this 7th day of February, 2005, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST: ~~ Rhonda Pellin, City Clerk IGB01647487.1 01-012005-04706089 CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NONE NONE APPROVED: -3- Resolution No. 2005-05 (' c ...... .. EXHIBIT A TM 04-08 4 12/20/04 . ' PlaDnioS! Division (contact Gre2S! Polubinskv 408-846-0440) These conditions are subject to the review and approval of the Planning Division. 1. MITIGATION MEASURES #1 through #10 contained within the Negative Declaration dated December 8, 2004 for Rancho Meadows n and Camino Enterprises Project shaD be applied to the approval of this Tentative Map in order to reduce and/or eliminate aU potential significant impacts to a level ofinsignificance as required under the California Environmental Quality Act ~EQ~. , 2. 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, voi~ or annul an approval of the City, City Council, Planning Commission, or other board, advisory .gency, 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. Vector based e-files will be required prior to Final Map approval, readable by AutoCAD (IGES, DXF, DWG), containing lot and street layout and all City utilities. These files will be used to update the City's GIS system. E02ineerin2 Division (contact Kristi Abrams 408-846-0450) These conditions are subject to the review and approval of the Engineering Division. 4. Full frontage improvements are required for all new development. All streets must show sidewalks on both sides. 5. All work is to be done in compliance with the City of Gilroy Specifications and. Standards. . 6. Street improvements and the design of all storm drainage, sewer and water lines, and;alfstreet sections and widths shall be by City Standard. The developer shall provide full street, curb, gutter; sidewalk and electrolier improvements. '. 7. All grading operations and soil compaction activities shall be per the approved soils report and shall meet with the approval of the' City Engineer. Grading plans shall show the grades of all adjacent properties. 8. Certification of grades and compaction is required prior to building permit final. This statement must be added as a general note to the Grading and Drainage Plan. 9. If the project has excess fill that will be off-hauled to 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. 10. All utilities to, through, and on the site shall be constructed underground, in accordance with Municipal Code Section 21.120. (~' \.,;......,.. r' t' ' ',\,..,.,;, TM 04-08 5 12/20/04 11. Installation of underground utility lines, etc.: exceptions. New and existing utility lines, appurtenances , and associated equipment, including, but not limited to, electrical transmission, street lighting, and cable television and telephone shall be required to be placed undergr~und as required in Article V of this chapter starting with section 21.111 (Ord. #81-11, & 1, 3-16-81; <;lrd. #89-17, & 1, 10-16-89). 12. The developer shall file a Final Map. 13. The developer shall submit an estimate of the probable cost of off-site improvements with the Final Map submittal. 14. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final Map recordation. 15. In the event it is necessary to acquire offsite easements or street rights-of-way, prior to Final Map approval the owner shall enter into an agreement to pay all condemnation costs, if necessary, for dedication of [the easements or street right-of-way]. The owner shall place a note on the Final Map agreeing to pay all condemnation costs. This agreement shall 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. 16. Prior to Final Map approval and approval of the Improvement Plans, the following items will need to be completed: A A signed original composite plan by the electrical design engineer shall be a' part of the improvement plans. B. A letter from the subdivision design civil engineer shall be prepared which states that the composite plan agrees with City Codes and Standards and that no underground utility conflict exists. C. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the City. D. The City will collect the plan check and inspection fee for the utility underground work. 17. Prior to any construction of the utilities in the field, the following will need to be supplied to the City: A. A signed and PG&E-approved original electric plan. B. A letter from the design Civil Engineer that states the electrical plan conforms to City Codes and Standards, and to the approved subdivision improvement plans. 18. All retaining walls must be constructed of permanent materials such as concrete or masonry, and shall be of a modular design; wood shall not be permitted. 19. All lots shall drain to the street for storm drainage. 20. The developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. The composite drawings and/or utility improvement plans shall be signed by a licensed civil engineer. c c' TM 04-08 6. 12/20/04 21. Submit improvement plans for on-site and off-site (use City standards). 22'. Submit a hazard Material clearance for the underground tank removal. 23. Submit an Erosion Control plan and Storm Water Pollution Prevention Plan. 24. The developer shall negotiate rights-of-way with Pacific Gas and Electric and other utilities subject to the review and approval by the Engineering Division and the utility companies. 25. All previous review comments shall apply unless otherwise specified in writing. 26. All existing water wells shall be sealed to meet the approval of the City Engineer and the Santa Clara Vaney Water District (SCVWD). 27. Repair and replace any broken sidewalks, curbs or gutters and driveways. Community Services Denartment (contact Todd Barreras 408-846-0460) . These conditions are subject to the review arid approval of the Community Services Department. 28. Street trees shall be required according to the City's Consolidated Landscape Policy. Contact the Community Services Department for requirements on placement, species and maintenance. A street tree permit shall be obtained prior to obtaining a building permit. Fire Marshal (contact J. Bretschneider at 846-0430) These conditions are subject to the review and approval of the Fire Marshal, 29. Street Hydrants shall be spaced every 300 feet. 30. On-site hydrants shall be provided within 150 feet of any portion of a building. Each parcel shall have its own connection to the public water main for its hydrant and fire sprinkler water supply. Large complexes shall have looped fire water systems. Hydrants, FOC and PIV to be at locations approved by the Fire Marshal. FOC's shall be within 40 feet ofa hydrant and hydrant to be on the same side of the fire access road as the FOC. 31. Roadways and driveways shall provide a minimum 20 feet of unobstructed travel. Turns shall provide an inside turning radius of39 feet. No parking zones signage and curb painting shall be maintained in good condition. 32. Drivable access shall be provided within 150 feet of any building pad. Access completely around buildings is desirable. Dead end streets or access in excess of 150 feet shall be provided with a turn. Buildin!. Life and Environmental Safety (contact Jane Alexander at 846-0430) These conditions are subject to the review and approval of the BLES Division. 33. BLES has attached conditions to this staffreport dated May 14,2004 and July 19,2004. City of Gilroy 8) Community Development Department BLES Division - Building 408 846-0430 - Fax: 408 846-0429 . ' Owner: Project address: Scope of Work: Planning #: Date: Plan checker: Rancho Meadows East of Cheyenne and North of Rodeo Drives Tentative Map Request for 16 Parcels 04050003 TM 04-08 5-14-2004 Jane Alexander The Building Division has performed a cursory review of preliminary plans submitted to the Planning Division for the application noted above. . The plans will require compliance with ~he following informational items and conditions of approval at the time of building permit . submittal: 1. CONDITIONS FOR SITE AND BUILDING PERMIT: . Separate plan and permit are required for grading, drainage and erosion control. . Separate plan and permit are required for detached retaining and sound walls. . Separate plan with construction details are required for garden walls. . Roof drains/rainwater leaders to be hard piped to storm drain system. 2. DESIGN PROFESSIONAL -This project will require a State of California registered design professional to design, stamp and wet sign the construction plans. In order in review, please provide the following: . Deferred submittals and Special inspection requirements shall be located on the Title page of the plans. . . A fully dimensioned plot plan with distance to property lines/setbacks. . Distance between structures. . Building area. . Type of construction. . Occupancy. .. Slopes and grade; . Show the location of all entrances and exits. . Show emergency egress to the public way. . Locate all utilities on site plan. . Show installation of Fire Sprinklers. . Exterior wall a.nd openings construction shall comply with 2001 CBC Chapter 5. 3. BUILDING CODES - All construction shall comply with Building, Mechanical, Plumbing, Electrical, T -24 Energy and Accessibility, and City codes in effect at the time of issuance of the building permits resulting in actual construction. Put the version used for the design on the plans. All work shall conform to local ordinances and the following: . 2001 California Building Code. . 2001 California Electrical Code. . 2001 California Mechanical Code. . 2001 California Plumbing Code. G:\COMDEV\ View _ Objects\zoning\04050003\Bldg-040S0003.DOC C', C'! ',....... . ..~ 4. 'SOILS REPORT - A soils report shall be submitted containing design recommendations for. footings, retaining walls, and make provisions for anticipated differential settlement. . , 5. FEMA- This project may be in a flood zone and must meet the City of Gilroy "Floodplain Management Ordinance" #98-16. 6. FOUNDATIONS - AD mitigation measures and design recommendations identified in the soils report approved by the Building Official, MUST be reviewed by the soils engineer of record for conformance. Structural foundation design plans must also be reviewed by the soils Engineer of record for conformance to recommendations contained within the soils report. 7. FOUNDATION INSPECTIONS - Prior to requesting a Building Department foundation inspection, the soils engineer shall inspect and approve the mitigation measures and the foundation excavations. The soils engineer shall submit documentation to the Building Division, which verifies compliance with the recommendations specified in the soils report. 8. EROSION CONTROL - The applicant shall submit an Interim Erosion and Sediment: Control Plan. This can be incorporated on the Grading Plan. 9. DUST AND MUD CONTROL MEASURES. Contractors performing grading operations within the City where dry conditions are encountered shall adequately control dust or mud from spreading off-site or into existing structures on-site. Prior to commencement of the grading operations, contractor shall furnish details of proposed dust or mud control measures to the Building Official for approval. Failure to control dust or mud from grading operations shall result in suspension of grading operations until adequate measures are in place to allow continuance. 10. SPECIAL INSPECTIONS - In addition to the inspections by CBC Sec. 108, the owner or the engineer or architect of record acting as the owners agent shall employ one or more special inspectors who shall provide special inspections when required by CBC section 1701. Please contact the Building Division at the time of plan submittal to obtain an " application for special inspections. 11. STRUCTURAL CALCULATIONS - Provide Structural Calculations verifying " compliance with all applicable provisions of the Uniform Building code Chapter j16. Prior to request for final inspection, written verification by the engineer of record ~~dicating conformance with the structural design shall be submitted to the Gilroy,Building Division. 12. GRADING AND SHORING - A site development permit shall be required for all grading and shoring work. Shoring plans, calculations, etc., must be reviewed and approved by Building Division. . 13. NOTICE OF EXCA VA nON-Prior to excavation, adjoining landowners shall be given notice of the date, location, and extent of the excavation in conformity with Section 832 of the Civil Code and copies shall be provided to the Building Official prior to the issuance of the grading permit. 14. BUILDING SECURITY - Provide details to show how the conditions of the Building Security Ordinance # 85-17 will be met. . Provide an illuminated address at the front of structure. . Except where clear vision panels are installed, all front exterior doors shall be equipped with a wide-angle ( 180 degree) door viewer, not to be mounted more than fifty-eight (58) inches from the bottom of the door. G:\COMDEV\ View _ Objects\zoning\040S0003\Bldg-040S0003.DOC C,, C., . - . . .'-., ". . . ". . ':2/ <> 15. ADDRESS - Provide proper address for proposed project on each page of plans prior to submission of plans for initial building plan check. Provide Assessors Parcel number on title page. 16. PRE-CONSTRUCTION CONFERENCE - A pre-construction conference shall be held at , a time and location agreed upon by the City and applicant for the purpose of review and approval of construction procedures. The building owner/developer shall be represented by his designer and construction staff. The City will be represented by departments having conditions of approval on the project. 17. Please see attached Pre-Submittal Information and Onsite Grading and/or Improvements Required General Notes. Contact the Building Department if you do Dot have a copy. 18. NOTE: 11,Us is NOT a plan review approval. When building permit application is made, additional comments may be added due to incomplete plans, plan changes from this Architecture and Site application, mistakes, errorS or omissions. G:\COMDEV\ View _ Objects\zoning\040S0003\Bldg..o40S0003.DOC Q' City of Gilroy G.; Community Development Department BLES Division - Building 408 846-0430 - Fax: 408 846-0429 . " Owner: Project address: Scope of Work: Planning #: Date: Plan checker: Rancho Meadows/DeYoung' East of Cheyenne and North of Rodeo Drive Revised Request for 16 parcels 04050003 TM 04-08 7-19-2004 Jane Alexander The Building Division has performed a cursory review of preliminary plans submitted to the Planning Division for the application noted above. The plans will require compliance with the following informational items and conditions of approval at the time of building permit submittal: . Please see comments dated 5-14-2004 and the following: 1. PLAN sUBMIrrALS . New Residential 4, 2 of the 4 wet stamped and signed. . Model plans must included reverse plans for foundation, floor plans and sections. . For subdivisions, submit an 8 1/2" x 11" inch plot plan, including address, tract number, lot number, setbacks, lot drainage, utilities and street furniture. . Residential Hillside 5, 2 of the 5 wet stamped ancJ signed. . Residential Alterations 3 . Energy and Structural Calculations 2 2. CONSTRUCTION RESTRICTIONS -All construction shall be restricted to the following hours: ; . Weekdays (Monday thru Friday) 7:00 am to 7:00 pm . Saturdays and City Holidays 9:00 am to 7:00 pm . Sundays No Construction Activity Allowed. 3. PRE-CONSTRUCTION CONFERENCE - A pre-construction conference shall be held at a time and location agreed upon by the City and applicant for the purpose of review and approval of construction procedures. The building owner/developer shall be represented by his designer and construction staff. The City will be represented by departments having conditions of approval on the project. 4. Please see attached Pre-Submittal Information and Onsite Grading and/or Improvements Required General Notes. Contact the Building Department if you do not have a copy. . 5. NOTE: This is NOT a plan review approval. When building permit application is made, additional comments may be added due to incomplete plans, plan changes from this Architecture and Site application, mistakes, errors or omissions. G:\COMDEV\ View _ Objects\zoning\04050003\Bldg2-04050003.DOC EXHIBIT B Community Development Department Planning Division MITIGATED NEGATIVE DECLARATION City of Gilroy 7351 Rosanna Sf. Gilroy, CA 95020 (408) 846-0440 City File Number: TM-04-oa & TM-Q4-09 ProJect Description: Name of Project: Rancho Meadows Two & Camino Enterprises . Nature of Project: Tentative Map Approval ProJect Location: Location: The project site is located in the northwestern quadrant of Gilroy roughly situated between Sunrise Drive, Longmeadow Drive, and Santa Teresa Boulevard via various local ,streets. The project would front and extend Spring Way, Cheyenne Way and Rodeo Drive. Assessor's Parcel Numbers: 783-62-014 & 783-62-020 Entity or Person(s} Undertaklna ProJect: Name: Rancho Meadows, Inc. Address: 4962 EI Camino Real, Suite 119: Los Altos, CA 94022 Name: Camino Enterprises Corporation Address: 4962 EI Camino Real, Suite 119: Los Altos, CA 94022 Initial Study: An Initial study of this project was undertaken and prepared for the purpose of ascertaining whether this project might have a significant effect on the environment. A copy of this study is on file at the City of Gilroy Planning Department, 7351 Rosanna Street, Gilroy, CA 95020. Findings & Reasons: The Initial Study identified potentially significant effects on the environment. However, this project has been. mitigated (see Mitigation Measures below which avoid or mitigate the effects) to a point where no significant effects will occur. There is no substantial evidence the project may have a significant effect on the environment. The following reasons will support these findings: 1. The proposal is a logical component of the existing land use of this area. 2. Identified adverse impacts are proposed to be mitigated through preparation of special studies and construction of off-site improvements. 3. The proposed project is consistent with the adopted goals and policies of the General Plan of the City of Gilroy. 4. City staff independently reviewed the Initial Study, and this Negative Declaration reflects the independent judgment of the City of Gilroy. MItigation Measures: 1. The following dust control measures shall be incorporated into all permits for any phase of proposed construction on the project site. The measures shall be implemented as necessary to adequately control dust subject to the review and approval of the Gilroy Engineering and Building Division. The following measures shall be implemented at all construction sites: . Water all active construction areas at least twice daily; ยท 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; . Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. Ranch Meadows Two / Camino Enterprises 3 Mitigated Negative Declaration 12/8/2004 The following additional measures shall be implemented at 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: . Replant vegetation in disturbed areas as quickly as possible. The following measures may be implemented at construction sites that are very large or are located near sensitive receptors: . Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site: . Suspend excavation ond grading activity when winds (instantaneous gusts) exceed 25 miles per hour, . . Limit the area subject to excavation, grading and other construction activity at anyone time. Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Building Engineering Divisions & 2. Black Walnut trees on and adjacent to the project site shall be retained, to the greatest extent feasible. Prior to the issuance of grading or building permits, the dripline of significant trees shall be fenced prior to grading and building activities to prevent root and trunk damage. If retention of existing trees is not feasible, a written report shall be prepared by a certified consulting arborist, subject to the . app~oval of the City of Gilroy, detailing the number and location of each tree to be removed, the size and health of each tree, the reason for removal, and specifications for replacement specimens. The written report shall be prepared prior to commencement of grading and building activities, subject to approval by the City of Gilroy Planning Division. Replacement of removed trees, including three previously removed Black Walnuts, shall be replaced with on a 3:1 ratio inside city limits and under the guidance of a certified consulting arborist, with location, size, species and methods subject to the approval of the Planning Division. Installation of replacement specimens shall occur prior to issuance of building permits for the last residence. Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Planning Division Ranch Meadows Two / Camino Enterprises 4 Mitigated Negative Declaration 12/8/2004 3. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities on the project site, field surveys shall be conducted by a qualified biologist to determine, if burrowing owls are present in the construction zone or within 200 feet of the construction zone. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. These surveys shall be required only if any construction would occur during the nesting and/or breeding season of burrowing owls \ February 1 through August 31) and/or during the winter residency period (DeCember 1 through January 31). If active nests are found in the survey area, a burrowing owl habitat mitigation plan shall be submitted to the California Department of I Fish and Game for review and approval. The burrowing owl habitat mitigation plan shall contain mitigation measures contained in the California Department of Fish and Game Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game 1995). Compliance with this mitigation measure may include, but not be limited to, the following: . Avoidance of occupied burrows during the nesting season (February 1 tlilrough August 31): . Acquisition, protection and funding for long-term management and monitoring of foraging habitat adjacent to occupied habitat: . Enhancement of existing burrows and/or creation of new burrows: . Passive relocation of burrowing owls. Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Planning Division 4. The project applicant shall retain a qualified biologist approved by the City of . Gilroy to provide the United States Fish and Wildlife Service (USFWS) and California Department of Fish and Game information required for early evaluation of potential project impacts to the San Joaquin kit fox and proposed mitigation, as outlined in the San Joaquin Kit Fox Survey Protocol for the Northern Range (June 1999) prior to issuance of building permits and construction activities at the project site. The agencies will then determine appropriate project modifications (if any) to protect kit fox. Modifications could include. education of site personnel. biological monitoring, avoidance measures, minimization, restoration, preservation, or compensation. Actions recommended by the USFWS and California Department of Fish and Game will be enacted prior to the onset of ground disturbance activities at the project location. Party responsible for implementation: Applicant . Ranch Meadows Two / Camino Enterprises 5 Mitigated Negative Declaration 12/8/2004 .. Party responsible for monitoring: Gilroy Planning" Division 5. Unless proposed construction activities are planned to occur outside of the nesting seasons for local avian species, the project applicant shall retain a qualified biologist approved by the City of Gilroy to conduct a focused survey for active nests of raptors and migratory birds within and in the vicinity of the construction area no more than 30 days prior to the onset of major construction activities prior to construction activities. If active nests are located during pre- construction surveys, USFWS and/or California Department of Rsh~nd Game shall be notified regarding the status of the nests. Furthermore, construction activities shall be restricted as necessary to avoid disturbance of the nest until it is abandoned or the biologist deems disturbance potential to be r:ninimal. Restrictions may include establishment of buffer zones or alteration' of the construction schedule. Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Planning Division 6. Due to the possibility that significant buried cultural resources might be found during construction the following language shall be included 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: If archaeological resources or human remains are discovered during construction, work shall be halted at a minimum of 200 feet from the find and the area shall be staked off. The project developer shall notify a qualified professional archaeologist. If the find is deter.rn{ned to be significant, appropriate mitigation measures shall be formulated and implemented. Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Planning Division 7. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 15064.5(e): 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 Ranch Meadows Two / Camino Enterprises 6 Mitigated Negative Declaration 12/8/2004 > 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 from the deceased Native American. The most likely descendent 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 proyided 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 ina location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Planning Division 8. The applicant shall incorporate the findings and recommendations of the geotechnical investigation prepared by Wayne ling & Associates, dated April 2004, and subsequent updates to that report, into final grading and. building plans, subject to the review and approval by the Gilroy Engineering and Building Divisions. Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Building Engineering Divisions & 9. The applicant' shall submit a Notice of Infent (NOI), detailed engineering designs, and a storm water pollution prevention (SWPP) program to the Central Coast RWQCB to obtain a NPDES Genera.1 Construction Permit prior to any grading or construction activities at the project site. This permit shall require implementation of an . approved SWPP thqt uses storm water uBest Management Practices" to control runoff, erosion, and sedimentation from the project site. The applicant shall incorporate post-construction water Quality mitigation measures into final improvement plans for the proposed proiect. A maintenance plan shall be developed bY the applicant for those post- construction water Quality measures that reQuire extensive maintenance. The Ranch Meadows Two / Camino Enterprises 7 Mitigated Negative Declaration 12/8/2004 construction fe.a. SWPP} and post-construction water Quality measures. are i& ,. subject to review and approval by the Central Coast RWaCB and the City of Gilroy Engineering Division. Party responsible for implementation: Party responsible for monitoring: Division Applicant Gilroy Engineering 10. As part of normal City review and approval procedures for future Rrojects the following transportation measures shall be incorporated to mitigate construction noise, as determined feasible by the City Building and Engineering divisions: . limit construction activity to weekdays between 7:00 AM and 7:00 PM and Saturdays and holidays between 9:00 AM and 7:00 PM, with no construction on Sundays; and . . Locate stationary noise-generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Building Division Date Prepared: December 9, 2004 End of Review Period: January 8, 2004 Date Adopted by City Council: William Faus Planning Division Manager I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2005-05 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 7th day of February, 2005, 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 14th day of February, 2005. ~~, City Clerk of the City of Gilroy (Seal)