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Ordinance 1998-08ORDINANCE NO. 98-8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE ZONING DESIGNATION FROM A1 (AGRICULTURAL) AND OS (OPEN SPACE) TO RI/OS-PUD (SINGLE FAMILY RESDENTIAL AND OPEN SPACE-PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 22.2 ACRES, ON APN 808-20-012 AND A PORTION OF APN 808-20-011, Z96-10. WHEREAS, Thomas Road Properties submitted application Z96-10 requesting to change the zoning designation from A1 (agricultural) and OS (open space) to RI/OS-PUD (single family residential and open space-planned unit development) on approximately 22.2 acres, on APN808- 20-012 and a portion of APN808-20-01; and WHEREAS, the property affected by Z96-10 is located on the north side of Luchessa Avenue, west of Thomas Road, and south of Uvas Creek, such land being indicated on the map attached hereto as Exhibit A; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council on March 16, 1998 adopted a Negative Declaration with mitigation measures set forth therein for which a Mitigation/iVlonitoring program has been prepared, finding that the Negative Declaration reflected the independent judgment of the City and that, on the basis of the in/rial study mad all comments received thereon, there was no substantial evidence that the project will have a significant effect on the environment; and WHEREAS, the Planning Commission reviewed application Z96-10 at its duly noticed public hearing on March 5, 1998 and recommended that the City Council adopt the proposed Negative Declaration and approve application Z96-10; and WHEREAS, the City Council reviewed application Z96-10 and all documents relating thereto, including the Planning Division Staff Report dated February 25, 1998, and took oral and written testimony at its duly noticed public heating on March 16, 1998; and ~MSD\406079.01 -1- ORDiNANCE NO. 98-8 81-032304706002 WHEREAS, the location and custodian of the docments or other materials which constitute the record of proceedings upon which this project approval is based is the office of the City Clerk. NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS: A. The proposed zone change is consistent with the land use designation of the General Plan Map and the policies of the General Plan. THE CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: A. The zoning map is hereby amended as requested, and Z96-10 is hereby approved subject to the mitigation measures set forth in the Negative Declaration attached hereto as Exhibit B and incorporated herein by this reference. B. The Mitigation/Monitoring Program set forth in Exhibit C is hereby adopted. PASSED AND ADOPTED this 20th day of April, 1998 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ARELLANO, GIIVFORD, MORALES, SPRINGER, GILROY ROWLISON, SUDOL ATT T' Rhonda Pellin, City Clerk APPROVED: Mike Gilroy, Mayor \MSD\406079.01 -2- ORDINANCE NO. 98-8 8 / -032304706002 EXHIBIT A '~i~ggzeri - ensen - . ar & Associates 100 N. MILPITAS BL~/D., SUil[ I$0, MILPITAS. CA 9 PHONE; (408) 934-1388, FAX: (408) 934-1288 EXHIBIT B Community Development Department Planning Division NEGATIVE DECLARATION City File Number: Z 96-10 City-of C_fikoy - 7351 Rosarma Street Gikoy, CA 95020 (408) 848-0440 Project De~scription: Name ot'Project: Nature of Project: Uplands Zone Change Rec~uest to rezone 22.2 acres from A1 (Agricultural) and OS (Open Space) to R1-PUD and Open Space. Project Location: Location: North side of the furore Luchessa Avenue extension, west of Thomas Road, and south of Uvas Creek. Assessor's Parcel Numbers: 808-20-011 (partial), and 808-20-012 EnOW or Person(s) Undertaking Project: Name: Thomas Road Properties (e/o Tim Filice) Address: 7888 Wren Avenue, Suite D-143, Gilroy, CA 95020 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. Negative Declaration 2 12/17/97 Z 96-10 Findings and Reasons: The Initial Study identified potentially significant effects on the environmem. However, this.project has been mitigated (see attached Mitigation Measures) 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 i~ consistent with the adopted goals and policies of the General Plan of' the City of Gilroy. 4. The Initial Study was independemly reviewed by City staff, and this Negative Declaration reflects the independent judgement of the City of Gilroy. Date Prepared: December 17, 1997 End of Review Period: January 8, 1998 Date Approved By City Council: William Faus, Planning Division Manager Uplands Zone Change (Z 96-10) Mitigation Measures Geology/Soils A soils investigation shall be prepared for the project by a qualified soils engineer. The recommendations of the soils investigation shall be incorporated into the final improvement plans and shall be reviewed and approved by the City Engineering Division prior to approval of the final map. The purposes of the soils investigation are to determine the exact soil characteristics and limitations on the site, and to recommend appropriate engineering specifications for development of the site. Water Prior to preparation of a tentative map,. the project proponent shall contract with an engineering firm to perform a flood elevation study of the project site to determine flood hazards. The flood elevation study shall include measures, acceptable to the City Engineering Division, the Federal Emergency Management Agency, and the Santa Clara Valley Water District, to reduce potential flooding impacts to a less than significant level. The tentative map shall include the following: a. Identification and location of Flood Zone Al2 and Flood Zone D; b. Identification and location of the Santa Clara Valley Water District easement; Design and additional measures, as presented in the flood elevation study, to reduce potential flooding impacts to a less than Significant level. The flood elevation study shall be subject to review and approval by the City Engineering Division, prior to approval of a tentative map. The project proponent shall prepare a storm drainage plan whereby the project's storm drainage feeds into the wetlands project. Design of the system shall include measures to eliminate, or reduce to acceptable levels, the amount of pollutants in the storm water drainage, in accordance with the National Pollutant Discharge Elimination System (NPDES) specifications. Preparation of this plan shall be developed in consultation with the biologist preparing the wetlands plan, and will be subject to review and approval by the City Engineering Division, prior to the approval of final maps. Implementation of this mitigation measure will reduce significant impacts related to water quality to a less than significant level. Z 96-10 Neg. Deg. Air Quality The following control measures shall be incorporated into any permits issued for the proposed project: a. Water all active construction areas at least twice daily or more often as needed. b. Cover all trucks hauling soil, sand, and other loose materials or require all tracks to maintain at least two feet of freeboard. c. 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. d. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites. e. Sweep streets daily (with water sweepers) if visible soil material is carded onto adjacent public streets. f. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (pre~,iously graded areas inactive for ten days or more). g. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.) h. Limit traffic speeds on unpaved roads to 15 mph. i. Install sandbags or other erosion control measures to prevent silt runoff to public roadways. j. Replant vegetation in disturbed areas as quickly as possible. Transportation/Circulation · The proposed project shall include the completion of Luchessa Avenue betWeen Thomas Road and the westerly boundary of the project site. This will require constructing the northerly half of Luchessa Avenue, including a Class 1I bike. lane, from Thomas Road to the westerly boundary of the project site to complete the four-lane divided cross-section. If the southerly one-half of Luchessa Avenue has not been completed prior to occupancy of the proposed project, the southern half should be completed by the proposed project, as well. Plans for the northerly portion of Luchessa Avenue shall be provided by the project proponent and included in the final improvement plans prior to approval of the final map, subject to review and approval by the City Engineering Division. Z 96-10 3 Neg. Deg. Biological Resources Prior to initiation of construction in the oak woodland habitat, the limits of grading shall be staked and surveyed by a certified arbofist. Where minor adjustments in the grading line could be made to save individual trees, they should be considered. The arbofist may also make recommendations for additional measures that could be considered along the limit of grading to protect trees just outside of the eonstruetion 'All native trees removed that meet the definition of"Significant Tree" as defined by the City of Gilroy.Consolidated Landscape Policy, Section 6.0, shall be replaced at a ratio (not less than three trees replaced for every tree lost) to be determined in consultation with City Planning Division and a certified arborist. A certified arborist and the City Planning Division shall review the final grading plan if any encroachment into the oak/sycamore riparian forest is proposed. The biologist shall determine tithe additional encroachment would compromise the integrity of the Uvas Creek riparian corridor. If the certified arborist and the City Planning Division determines the final grading plan would result in such a compromise, then the grading plan shall be revised accordingly. The project proponents shall identify the limits of grading on a grading plan. All trees, classified as significant according to the city's consolidated landscaping policy (existing native trees six inches or more in diameter, at a point four and one half feet above the ground), shall be surveyed and located on the preliminmTy grading plan. Where minor adjustments in the grading line could be. made to save individual significant trees, they should be considered. A certified arborist and the City Planning Division may also make recommendations for additional measures that could be considered along the limit of grading to protect trees just outside of the construction area. The pr 'elmfinary and final grading plans shall be subject to review and approval by the City Planning Division and city Building Division. Z 96-10 4 Neg. Deg. i0. The project proponents shall have a biologist prepare a plan addressing the conversion of the existing pond area and related drainage areas into a seasonal wetland. Components of the plan may include, but not be limited to: a. Removal of the existing dam; b. Restoration and enhancemeflt of the existing swale between the dam and the existing outfall to Uvas Creek; c. Nfmor recontouring and restoration of the area behind the dam to allow the area to revert back to a seasonal wetland; and Planting of the open space area to include native vegetation, trees and shrubs typical of the oak woodlands on the project site. (Replacement trees required in Mitigations 5 and 6 could also be planted in this habitat.) These enhancements would mitigate the loss of approximately 100 feet of existing wetland within the drainage swale distu~oed by the proposed project. Ownership and maintenance of the pond and the 7.5-acre open space area are addressed in Section 4.11, Public Services. The plan shall be subject to review and approval by the City Planning Division, the City Engineering Division, and the City Parks and Recreation Division. 11. A pre-tree removal breeding survey (March 1 through June 30) of the trees planned for removal during construction should be conducted by a qualified biologist to determine if any active birds-of-prey nests occur in the trees to be removed. If these surveys reveal no nesting birds-of-prey nests in any trees to be removed, then no further.mitigation shall be required. If these surveys reveal active birds-of-prey nests in trees to be removed, the following mitigation measure shall be required: All active bkds-of-prey nests shall be avoided while the nest is occupied with adults and/or their young (March 1 through June 30). Avoidance should include the establishment of a site-specific, non-disturbance buffer zone around the nest site that prohibits vegetation and tree removal, as recommended by a qualified biologist. Tree removal can begin after June 30 or when a qualified biologist determines that the nest 'is no longer being used for that season. With implementation of all mitigation measures presented in this section, significant adverse environmental impacts to biological resources will be reduced to a less than significant level. Z 96-10 5 Neg. Deg. Hazards 1.2. The tentative map shall include a minimum 30-foot fire break/buffer between the area proposed for open space zoning and the proposed development.. The 50-foot etd-de-sac on the preliminary site plan would satisfy this requirement. The tentative map shall, be subject to review and approval by the City Building, Life, and Environmental Safety Division prior to approval ora tentative map. Noise 13. 14. The project proponent shall arrange for a noise survey to be conducted for the proposed project because of its location adjacent to the extension of Luchessa Avenue, a four4ane arterial. The survey information shall be used to determine the height for noise attenuation features or special building design considerations. The noise survey sl~all be conducted prior to tentative map approval, subject to review and approval by the City Planning Division. The noise survey, as required in Mitigation Measure 14 above, will identify the required location and height ora noise attenuation feature along the northern side of the extension of Luchessa Avenue. This noise attenuation feature should not consist solely of masonry materials, but should create an aesthetically-pleasing effect for travelers along Luchessa Avenue. The project proponent shall prepare a noise 'attenuation, landscape and irrigation plan to include, but not be limited to the following: The preferred design would include some combination of earth berm with wood, concrete, smcc0, or masomy. The barrier must be made air-tight, without cracks, gaps, or other openings and must provide for long-term durability. The noise attenuation feature design shall include landscaping that will not only be aesthetically-pleasing but will also discourage graffiti. Electrical service and water service shall be provided to the landscaped area. A funding mechanism shall be provided for the maintenance of the sound attenuation feature and landscaping. The noise attenuation feature and landscape and irrigation plan shall be designed prior to final map approval, subject to review and approval by the City Planning Division. Z 96-10 6 Neg. Deg. Parks & Recreation 15. The project proponent shall provide a minimum 25-foot trail and habitat easement or dedication from the top of the Uvas Creek bank, along the project frontagewith the creek. This easement and/or dedication shall be indicated on the tentative map, subject to review and approval by the City Parks and Kecreation Division, prior to approval of a tentative map. 16. Regarding long-term ownership and maintenance of the open space, either option a or b shall occur. a. The project proponent shall offer the 7.5 acres of the project site proposed as open space in dedication to the city as an extension of the existing Uvas Creek Park Preserve. Dedication of the open space shall be negotiated between the city and the project proponent, prior to approval of the final map. If the city chooses to decline the offer, then: b, The project proponent shall establish a homeowners association to maintain the open space. Maintenance provision for the open space shall be included in CCRs, which shall be developed, subject to review and approval by the City Attorney, prior to approval of the final map. Cultural Resources 17. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included in any permits issued for the project site, including, but not limited to building permits for the furore development, pursuant to the review and approval of the City Planning Division: "If archaeological resources or human remains are discovered during construction, work shall be halted at a minimum of 200 feet fi.om the find until it can be evaluated by a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented." EXHIBIT C Attachment B ReviSed Mitigation Monitoring Checklist Mitigation Monitoring Checklist A Prior to approval of the Tentative Map, the following mitigation measures shall be implemented: ~ ~ ' ~ ' ,~ ~espofisiblef~r; i RiisE0~le 2 Prior to preparation of a tentative map, the project Project Proponent City proponent shall contract with an engineering firm Engineering to perform a flood elevation study of the project Division site to determine flood hazards. The flood elevation study shall include measures, acceptable i to the City Engineering Division, the Federal Emergency Management Agency, and the Santa · Clara Valley Water District, to reduce potential flooding impacts to a less than significant level. The tentative map shall include the following: a. Identification and location of Flood Zone A12 and Flood Zone D; b. Identification and location of the Santa Clara Valley Water District easement; c:' Design and additional measures, as presented in the flood elevation study, to reduce potential flooding impacts to a less than significant level. The flood elevation study shah be subject to review and approval by the City Engineering Division, prior to approval of a tentative map. 12 The tentative map shall include a minimum Project Proponent City Planning 30-foot fire break/buffer between the area Division proposed for open space zoning and the proposed development. The 50-foot cul-de-sac on the preliminary site plan would satisfy this requirement. The tentative map shall be subject to review and approval by the city Building, Life, and Environmental Safety Division prior to approval of a tentative map. 11 13 The project proponent shall arrange for a noise I Project Proponent City survey to be conducted for the proposed project Engineering because of its location adjacent to the extension of Division Luchessa Avenue, a four-lane arterial The survey information shalI be used to determine the height for nome attenuation features or special building design considerations. The noise survey shall be conducted prior to tentative map approval, subject to review and approval by the city Planning Div, ision. · 15 The project proponent shall provide a minimurn Project Proponent City Parks 25-foot trail and habitat easement or dedication and from the top of the Uvas Creek bank, along the Recreation project frontage with the creek. This easement Division and/or dedication shall be indicated on the 'tentative map, subject to review and approval by the city Parks and Recreation Division, prior to ap?roval of a tentative ma?. 12 Mitigation Monitoring Checklist B Prior to approval of the Final Map, the follow'.mg mitigation measures shall be implemented: 1 A so~ ~vesfigafion shah be prepared for ~e Project Proponent Ci~ project by a qu~ified soi~ en~eer. ~e ~gmee~g reco~datiom of ~e so~ ~vestigation shah be Division ~co~orated ~to ~e f~al ~provement plans ~d shah be reviewed and approved by the ci~ ~eer~g Division prior to approval of ~e ~aI map. ~e pu~oses of ~e soils ~vesfigafion are to dete~e ~e exact soil characte~tics ~d ~- tafions on ~e site, ~d to reco~end approp~te en~ee~g specfficatiom for developm~t of ~e site. 3 ~e project proponent sha~ prepare a sto~ Proj~t Proponent Ci~ ~a~age pl~ whe~by ~e project's sto~ ~eer~g ~a~age f~ds ~to ~e wetl~ project. Desi~ ~vision of ~e system shah ~clude me,utes to e~ate, or reduce to acceptable leve~, ~e mo~t of ~Hut~ ~ ~e store water drayage, ~ accord~ce wi~ ~e National PoHumt ~arge E~afion System (~DES) specfficatiom. Preparation of ~ pl~ shag be developed ~ com~tafiofi wi~ ~e biolog~t prepar~g ~e wetl~ pl~, ~d wffi be subject to review and approval by ~e City En~eemg ~v~ion, p~or to · e approval of f~al'maps. 13 5 The proposed project shall include the completion Project Proponent City of Luchessa Avenue between Thomas Road and Engineering the westerly boundary of the project site. This will Division require constructing the northerly half of Luchessa Avenue, including a Class I1 bike lane, from Thomas Road to the westerly boundary of the project site to complete the four-lane divided cross-section. If the southerly one-half of Luchessa Avenue has not been cgmpleted prior to occupancy of the proposed project, the southern halt should be completed by the proposed project, as well. Plans for the northerly portion of Luchessa Avenue shall be provided by the project proponent and included in the final improvement plans prior to approval of the final map, subject to review and approval by the City Engineering Divisi~on. 10 The project proponents shall have a biologist Project Proponent City Planning prepare a plan addressing the conversion of the Division existing pond area and related drainage areas into a seasonal wetland. Components of the plan~may include, but not be limited to: a. Removal of the existing dam; b. Restoration and enhancement of the existing swale between the dam and the existing outfall to Uvas Creek; c. Minor recontouring and restoration of the area behind the dam to allow the area to revert back to a seasonal wetland; and d. Planting of the open space area to include native vegetation, trees and shrubs typical of the oak woodlands on the project site. . (Replacement trees required in Mitigations 5 and 6 could also be planted in this habitat.) These enhancements would mitigate the loss of approximately 100 feet of existing wetland within the drainage swale disturbed by the proposed project. Ownership and maintenance of the pond and the 7.5-acre open space area are addressed in Section 4.11, Public Services. The plan shall be subject to review and approval by the city Planning Division, the city Engineering Division, and the city Parks and Recreation Division. 14 14 The noise sUrvey, as required in Mitigation Project Proponent City Planning Measure 14, will identify the required location and Division. height of a noise attenuation feature along the nort~hem side of the extension of Luchessa Avenue. This noise attenuation feature should not consist solely of masonry materials, but should create an aesthetically-pleasing effect for travelers along Luchessa Avenue. The project proponent shall prepare a noise attenuation, landscape and irrigation plan to include, but not be limited to the following: 0 The preferred design would include some combination of earth berm with wood, concrete, stucco, or masonry. The barrier must be made air- tight, without cracks, gaps, or other openings and 'must provide for long-term durability. 0 The noise attenuation feature design shall include landscaping that will not only be aesthetically-pleasing but will also discourage graffiti. Electrical service and water service shall be provided to the landscaped area. ~ A fund~g mechanism shall be provided for the maintenance of the sound attenuation feature and landscaping. The noise attenuation feature and landscape and irrigation plan shall be designed prior to final map approval, subject to review and approval by the : city Planning Division. 16 Regarding long-term ownership and maintenance Project Proponent City Parks of the open space, either option a or b shall occur, and Recreation a. The project proponent shall offer the 7.5 acres of Division the project site proposed as open space in dedication to the city as an extension of the existing Uvas Creek Park Preserve. Dedication of the open space shall be negotiated between the city and the project proponent, prior to approval of the final map. If the city chooses to decline the offer, then: b. The project proponent shall establish a homeowners association to maintain the open space. Maintenance provision for the open space shall be included in CCRs, which shall be developed, subject to review and approval by the City Attome~r, prior to a~roval of the final map. ~5 Mitigation Monitoring Checklist C Prior to issuance of a Building Permit, the following mitigation measures shall be implemented: ~U~. .- .~,, ,, ~ .. ~. ~e avvlicant shall obta~ a ve~it from ~e Santa pro~t Proponent Clara-~alley Water District ~fior to co~t~c~on of vhvsicai imvrovements wi~ 50 feet of the toy of Division bank of Uvas-Camadero Creek. ~e water d~trict w~ review the ~e~it to ensure that ~e ~te~ of the creek chapel is not comv~sed. ~e ve~it shall be obta~ed by ~e avvlic~t vfior to'~su~ce ~e follow~g consol measures sh~ be 4 ~co~orated ~to ~y pe~its ~sued for ~e Project Proponent City B~d~g proposed project: Division a. Water aH ac~ve'com~cfion areas at least ~ice daffy or more often as needed. b. Cover a~ ~c~ ~Mg soft, s~d, ~d o~er loose materia~ or req~e a~ ~c~ to ma~ta~ at least ~o feet of freeboard. c. Pave, apply water ~ ~es daffy, or apply (non-to,c) soft stab~e~ on a~ ~paved access roads, par~g are~ ~d sta~g are~ at com~on sites. d. Sweep daffy (wi~ water sweepers) a~ paved access roads, par~g areas ~d sta~g areas at e. Sweep s~ee~ daily (wi~ water sweepers) if visible' soft material ~ ca~ed onto adjacent pubic s~eets. f. Hydroseed or apply (non-toxic) soil stabfl~ers to ~ac~ve co~cfion areas (p~vio~l~ graded ~ ~cfive for ~n days or more). g. Encl~e, cover, water ~ice daily or apply (non- to,c) soil b~de~ to exposed stoc~fles (ffirt s~d, etc.) h. L~it ~affic speeds on ~paved roads to 15 mph. i. ~staH sandbags or o~er erosion consol me,utes to preyer stir r~off to pubic roadways. ]. Repl~t vegetafi~ ~ dis~rbed areas as quickly as ~ossible. 16 9 The project proponents shall identify the limits of Project Proponent City Planning grading on a grading plan. All trees, classified as Division significant according to the city's consolidated landscaping policy (existLng native trees six inches or more in diameter, at a point four and one half feet above the ground), shall be surveyed and located on the preliminary grading plan. Where minor adjustments in the grading line could be made to save individual significant trees, they should be considered. A certified arborlst and the city Planning Division may also make. recomxnendations for additional measures that could be considered along the limit of grading to protect trees just outside of the construction area. The preliminary and final grading plans shall be subject to review and approval by the city Planning Division and city Building Division. 17 Due to the possibility that significant buried : Project Proponent City Planning cultural resources might be found during Division construction; the following language shall be included in any permits issued for the project site, including, but not limited to building permits for the future development, pursuant 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 until it can be evaluated by a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and im[~lemented." 17 Mitigation Monitoring Checklist D Prior to Construction Activities, the following mitigation measures shall be implemented: 6 Pfio~ to ~fiation of cons~ction ~ ~e oak Project Proponent G~oy woodland habitat, ~e ~i~ of ~g shall be Plug . st~ed ~d su~eyed by a ce~ied arbo~t. ~ere ~v~ion m~or adjus~en~ ~ ~e ~ad~g ~e could be made to save ~dividual ~s, ~ey should be considered. ~e arbo~t may a~o make reco~endatio~ for addi~onal me~ures ~at co~d be co~ide~d along ~e l~t of ~ad~g to protect ~ees }ust ou~ide of ~e cons~ction area. 7 A~ native ~ees removed ~at m~t ~e de~tion ~ Proj~t Proponent Ci~ Plug of "Si~ic~t T~e" as def~ by ~e City of Division G~oy Como~dated L~ca~ Policy, ~cfion 6.0, s~ be replaced at a ra~o (not I~ ~ ~e ~ees replaced for eve~ ~ee lost) to be dete~ed ~ com~ta~on wi~ ci~ Plug Div~ion ~d a ce~ arbo~st. 8 A ce~ffied a~or~t ~d ~e ci~ Pl~g Division Project Proponent i Ci~ Pl~g s~ review ~e f~al ~d~g p~ if ~y ~vision encr~t ~to ~e oak/syc~o~ ripari~ forest ~ proposed. ~e biolo~t s~E dete~e ~ · e additional encroa~t woffid compro~e ~e ~te~ of ~e Uvas Creek fipaH~ cor~dor. If ~e cer~ed arbo~t ~d ~e ci~ Plug Div~ion dete~es ~e f~M ~a~g pl~ wo~d result ~ su~ a compro~e, ~ ~e ~ad~g pl~ sha~ be revved accord~ly. 18 11 A pre-tree removal breeding survey (March 1 through June 30) of the trees planned for removal during construction s~,c, uld shall be conducted by a qualified biologist to determine if any active birds-of-prey nests occur in the trees to be removed. If these surveys reveal no nesting birds- of-prey nests in any trees to be removed, then no further mitigation shallbe required. If these surveys reveal active birds-of-prey nests irt trees to be removed, the following mitigation measure shall be required: a. All active birds-of-prey nests shall be avoided while the nest is occupied with adults and/or their young (March 1 through June 30). Avoidance should include the establishment of a site-specific, non-disturbance buffer zone around the nest site 'that prohibits vegetation and tree removal, as recorr~'nended by a qualified biologist. Tree removal can begin after June 30 or when a qualified biologist determines that the nest is no longer bein~ used for that season. Project Proponent City Planning Division 19 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 98-8 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 20th day of April, 1998, at which meeting a quorum was present. IN WITNESS WI-I~REOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 6th day of May, 1998. City Cleik of t_he City of CJikoy (Sea)