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Resolution 2016-09RESOLUTION NO. 2016-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING THE EXTENSION OF TENTATIVE MAP TM 06 -06, CREATING 11 SINGLE - FAMILY RESIDENTIAL LOTS ON APPROXIMATELY FOUR ACRES LOCATED AT 5875 MILLER AVENUE, WEST OF THE MILLER, THOMAS AND MESA ROAD INTERSECTION, APNS 810 -28 -014 AND 015. WHEREAS, Martin Chappell submitted application TM 06 -06, requesting a tentative map to create an 11 -lot residential subdivision on approximately four acres ( "the Project "), located at 5875 Miller Avenue, west of the Miller, Thomas and Mesa Road intersection, APNs 810 -28 -014 and 015; and WHEREAS, the Planning Commission held a duly noticed public hearing on April 5, 2007, at which time the Planning Commission considered the public testimony, the staff report dated February 21,2007 ( "Staff Report"), and all other documentation related to application TM 06 -06, and recommended that the City Council approve said application; and WHEREAS, pursuant to the California Environmental Quality Act, ( "CEQA "), the City Council after consideration of the Environmental Impact Report ('EIR') prepared in conjunction with this Project, and utilized for the change in Zoning Designation (Z03 -04), did certify the EIR on December 19, 2005, finding that the EIR was prepared in compliance with CEQA; and WHEREAS, Tentative Map TM 06 -06 was determined to be part of the project receiving environmental clearance with said EIR; and WHEREAS, the City Council held a duly noticed public hearing on April 16, 2007 at which time the City Council considered the public testimony, the Staff Report, a supplemental staff report dated April 10, 2007, and all other documentation related to application TM 06 -06; and 1 WHEREAS, the City Council approved tentative map application TM 06 -06 on May 7, 2007, providing for a tentative map expiration date of May 7, 2009; and WHEREAS, the state of California provided for 7 years of automatic tentative map extensions, with a resulting tentative map expiration date of May 7, 2016; and WHEREAS, the location and custodian of the documents 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, BE IT RESOLVED THAT: SECTION I The City Council hereby finds as follows: 1. Public utilities and infrastructure improvements needed to serve the Project are in close proximity to the Project site. 2. The proposed Project is consistent with the City's Zoning Ordinance and the city's Subdivision and Land Development Code, and with the State Subdivision Map Act. 3. The proposed Project is consistent with the intent of the goals and policies of the General Plan and the land use designation for the property on the General Plan map (Low Density Residential). 4. The Project is consistent with the surrounding development. 5. There is no substantial evidence in the entire record that there will be any new significant environmental impacts as a result of this Project due to the required mitigation measures to be applied. 4850- 5633 -56610 RESOLUTION NO. 2016 -09 JH104706089. SECTION II The extension of Tentative Map TM 06 -06 to May 7, 2016 is hereby approved, subject to the conditions of approval set forth in Exhibit "A" attached hereto and entitled "TM 06 -06 FINAL CONDITIONS OF APPROVAL" and the Mitigation Monitoring Program hereby adopted for the Project, attached hereto as Exhibit "B." PASSED AND ADOPTED this 1St day of February, 2016, by the following roll call vote: AYES: COUNCILMEMBERS: AULMAN, BRACCO, HARNEY, LEROE- MUNOZ, TUCKER, VELASCO and WOODWARD NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Mayor Shawna Freels, City Clerk 4850 - 5633 -56610 RESOLUTION NO. 2016 -09 JH104706089 Exhibit A TM 16 -06 Final Conditions of Approval GENERAL PROJECT CONDITIONS 1. This permit is granted for the property described in the application on file with the Planning Division, and may not be transferred from one property to another, unless a request is requested and granted by the Planning Manager, pursuant to the City Code. (PL, G -1) 2. This permit is granted for approved plans ( "the plans ") on file with the Planning Division. The project shall conform to the plans, except as otherwise specified in these conditions. Any subsequent modification or deviation to the approved plans shall be considered by the Planning Manager, may require separate discretionary approval and shall conform to City Code requirements or policies adopted by City Council. (PL, G -2) 3. Developer means permit applicant, property owner, and /or tenants using the space(s) for the intended use(s). Compliance with project conditions is expected for the life of the project. (CA, G -3) 4. Should Developer intend to request an extension to the permit expiration date, Developer must submit to the Planning Division a written application with applicable fees prior to the expiration date. Only timely requests may be considered pursuant to the City Code. (PL, G- 7) 5. Failure to appeal this decision in a timely manner or commencement of any activity related to the project is understood to clarify the Developer's acceptance of all conditions and obligations imposed by this permit and waiving any challenge to the validity of the conditions and obligations stated therein. (CA, G -8) 6. Developer shall complete all required off -site and on -site improvements related to the project, including structures, paving, and landscaping, prior to occupancy unless otherwise allowed by the Community Development Director. (BL, G -9) 7. Developer agrees, as a condition of adoption of this resolution, at Developer's own expense, to defend, indemnify, and hold harmless the City of Gilroy and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against City or it's officers, contractors, consultants, attorneys, employees, or agents to challenge, attack, set aside, void or annul the approval of this resolution or any condition attached thereto or any proceedings, acts or determinations taken, including actions taken under the California Environmental Quality Act of 1970, as amended, done or made prior to the approval of such resolution that were part of the approval process. (CA, G -10) 8. Any covenants, conditions, and restrictions (CC &Rs) applicable to the project property shall be consistent with the terms of this permit and the City Code. If there is a conflict between the CC &Rs and the City Code or this permit, the City Code or this permit shall prevail. (CA, G -11) 9. Developer shall complete the "Notice of Land Use Restrictions and Conditions" form, using the form provided by the City, for recording with the Santa Clara County Recorder. Before the City issues building permits, Developer shall submit the original completed, signed and notarized document, together with the required fees to the Planning Manager. (PL, G -12) TM 06 -06 Proposed Revisions 2 10. If Developer, owner or tenant fails to comply with any of the conditions of this permit, the Developer, owner or tenant shall be subject to permit revocation pursuant to the City Code. (CA, G -13) PLANNING DIVISION STANDARD CONDITIONS 11. Developer acknowledges that because of water limitations placed on the city by its water providers, approval of this permit does not guarantee that the city will issue building permits. Issuance of building permits may be delayed and subject to implementation and /or compliance with mandated water conservation or allocation plans. (PL /PW, PL -1) PLANNING DIVISION SPECIAL CONDITIONS 12. MITIGATION MEASURES #1 through #12 contained within the Final EIR certified on December 19, 2005, pursuant to the California Environmental Quality Act (CEQA) for the MillerAvenue Reorganization A 03 -01 forthe subject project shall be applied to the approval of this Tentative Map 13. Landscaped area along northeastern side of street shall be mutually maintained by all eleven properties in this subdivision. 14. Homeowners' Association or property owners' Maintenance Agreement is required for all commonly -owned property and the private street within this subdivision. 15. There are existing property boundaries adjacent to the lots that will be created by Tentative Map application TM 06 -06 that adjoin common areas and /or front yards of the neighboring property owned by the Sargenti Marital Trust. Solid fencing higher than 3 feet in these areas will not be permitted. Solid 6 foot fencing will only be permitted when associated with rear yard fencing. This condition shall be a note on the improvement plans. 16. Prior to Final Map approval the developer shall create a provision in the Homeowners' Association CC &Rs and /or property owners' Maintenance Agreement requiring common maintenance of any common boundary fence shared by lots located within the Chappell Tentative Map area and the neighboring property owned by the Sargenti Marital Trust. 17. This tentative map shall expire May 7, 2017. PUBLIC WORKS /ENGINEERING DIVISION STANDARD CONDITIONS 18. Vector based a -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. 19. Certification of improvement on site plans is required prior to Building final (add to general notes on Title sheet of plans). 20. Certification of fire flow test is required prior to final permit (add to general notes on Title sheet of plans). 21. 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. TM 06 -06 Proposed Revisions 3 22.All Traffic Control Plans shall be prepared by a licensed professional engineer with experience in Traffic Control Design. 23. A Traffic Control Plan shall be provided in the Improvement Plans set for all work within the public right -of -way. 24.All temporary roads or detours shall have temporary asphalt paving unless otherwise approved by the City Engineer in writing. 25. Full frontage improvements are required. All streets must show sidewalks on both sides. 26.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. 27. Street improvements and the design of all storm drainage, sewer and water lines, and all street sections and widths shall be in accordance with City Standards and shall follow the most current Master plan for streets and each utility. The developer shall provide full street, curb, gutter, sidewalk and electrolier improvements. 28. 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. 29. If the project has excess fill or cut that will be off - hauled to a site or on- hauled from a site within the city limits of Gilroy, an additional permit is required. This statement must be added as a general note to the Grading and Drainage Plan. 30.A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. 31. Location of monuments shall be tied out prior to work. Any City monument damaged, displaced or destroyed shall be replaced at the developer's sole expense. 32. In accordance with the California Professional Land Surveyors' Act (Business and Professions Code) Chapter 15 Sections 8771 and 8725, California Penal Code 605, and California Government Code 27581, the developer, their employees, subcontractors, and /or any person performing construction activities that will or may disturb an existing roadway/ street monument, corner stake, or any other permanent surveyed monument shall show all current monuments on the plans and shall ensure that a Comer Record and /or Record of Survey are filed with the County Surveyor Office prior to disturbing said monuments. All disturbed or destroyed monuments shall be reset and filed in compliance with Section 8771. 33. New and existing utility lines to, through and on the site, and appurtenances and associated equipment, including, but not limited to, electrical transmission, street lighting, cable television and telephone shall be required to be placed underground. 34.A Final Map with all required dedications shall be filed with a copy transmitted to the City. 35. The developer shall submit an estimate of the probable cost of developer - installed off -site improvements with the Final map submittal. 36.The developer shall submit fees and bonds and enter into a Property Improvement agreement prior to Final Map recordation. 37. Prior to Final Map approval and approval of the Improvement Plans, the following items will need to be completed: TM 06 -06 Proposed Revisions 4 a. 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. A licensed Civil or Electrical Engineer shall sign the composite drawings and /or utility improvement plans. (All dry utilities shall be placed underground.) b. A note shall be placed on the plans 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. 38. A current Title Report shall be submitted for review to the City prior to Final map approval. 39. Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City: a. A professional engineer - signed and PG &E- approved original electric plan. b. 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. 40. Improvement plans are required for all on -site and off -site improvements. 41. Submit a Hazardous Material clearance for any underground tank removal from the appropriate agency. 42.A Storm Water Pollution Prevention Plan shall be filed with the Regional Water Quality Control Board with a copy to the City. An Erosion Control Plan and Waste Discharger Identification shall be submitted to the City. 43. 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. 44. Storm and sewer lines in private streets shall be privately maintained unless approved by the City Engineer in writing. 45. Homeowners' Association, Conditions, Covenants and Restrictions and /or property owner's Maintenance Agreement shall be approved by the Planning Division prior to the final map being released for recordation. 46. 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. 47.All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the City Engineer. 48. Once the tentative map extension 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. TM 06 -06 Proposed Revisions 5 49.The permanent street name sign shall be installed immediately after the curb and gutter construction is complete. 50. The developer /contractor shall make accessible any or all City utilities as directed by the City Engineer. PUBLIC WORKS /ENGINEERING DIVISION SPECIAL CONDITIONS 51. The Developer shall be reimbursed by the developer of the neighboring property owned by the Sargenti Marital Trust ( Sargenti development) for the front footage cul -de -sac improvements, including but not limited to curb, gutter, sidewalk, constructed by the Developer for the benefit of the Sargenti development. This reimbursement will be included by the City as a condition of approval on the Sargenti development's Tentative Map extension /application. In no case shall the reimbursement apply beyond ten (10) years after the effective date of this project's Property Improvement Agreement. The amount of reimbursement shall be calculated using the same worksheet as the City's Impact Fee Reimbursements. 52. Prior to final map approval, the project is required to acquire additional right -of -way from the Sargenti development to construct the cul -de -sac improvements connecting to San Justo Road. 53. The new San Justo cul -de -sac will be publicly - maintained while the remainder of the street east of this cul -de -sac will be private and maintained by the property owners. 54. At improvement plan stage, the plans shall be revised to address the following: a. Proposed street shall be labeled as "private street". b. The private street shall have a minimum 31' curb -to -curb width with parking on one side per City standard detail STR -2D. 55. The additional right -of -way shall include a 16' Public Service Easement per City standard detail STR -2A (collector street section). 56. The developer agrees to construct an all -way stop improvement on all approaches at the intersection of Miller Avenue /Mesa Road /San Justo Road to the satisfaction of the City Engineer. 57. Prior to Final Map recordation, the Applicant shall relinquish all rights to any private road, access, utility and /or storm drain easements they hold within boundaries of Tract 9594 Mesa Ridge and shall accept San Justo Road, constructed within said subdivision, as permanent access and utility easements to Applicant's parcel. 58. STORMWATER: This project is subject to post - construction stormwater quality requirements per Section 27D of the Gilroy Municipal Code. The City's Storm Water Management Guidance Manual for Low Impact Development and Post - Construction Requirements specifies the required submittals /certifications in conformance with Municipal Code Section 27D. Certifications specified in the Manual shall be submitted to the Engineering Division for approval prior to grading permit issuance. 59.Stormwater BMP Operation and Maintenance Agreement: a. Prior to the issuance of the first building permit, the Developer of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with TM 06 -06 Proposed Revisions 6 the City. The City shall record this agreement, against the property or properties involved, with the County of Santa Clara and it shall be binding on all subsequent owners of land served by the storm water management treatment BMPs. The City - standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. b. This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity. c. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a dangerto public health or safety, the city shall have the authority to perform maintenance and /or repair work and to recover the costs from the owner. d. All on -site stormwater management facilities shall be operated and maintained in good condition and promptly repaired /replaced by the property owner(s), an owners' or homeowners' association or other legal entity approved by the City. e. Any repairs or restoration /replacement and maintenance shall be in accordance with City- approved plans. f. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan. 60.Stormwater BMP Inspections will be required for this project and shall adhere to the following: a. The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a knowledgeable third party. b. Unless otherwise required by the City Engineer or designee, stormwater facility inspections shall be done at least twice per year, once in Fall, in preparation for the wet season, and once in Winter. Written records shall be kept of all inspections and shall include, at minimum, the following information: i. Site address; ii. Date and time of inspection; iii. Name of the person conducting the inspection; iv. List of stormwater facilities inspected; v. Condition of each stormwater facility inspected; vi. Description of any needed maintenance or repairs; and vii. As applicable, the need for site re- inspection. 61. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1 st for the Fall report, and no later than March 15th of the following year for the Winter report. TM 06 -06 Proposed Revisions 7 62. WATER CONSERVATION: The project shall fully comply with the measures required by the City's Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter 27, Article VI), and subsequent amendments to meet the requirements imposed by the State of California's Water Board. This ordinance established permanent voluntary water saving measures and temporary conservation standards. a. All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. b. Recycled water shall be used for construction water, where available, as determined by the Public Works Director. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water District's municipal industrial rate. c. Where recycled water is not available, as determined by the Public Works Director, potable water shall be used. All City potable water will be billed based on the City's comprehensive fee schedule under the Portable Fire hydrant meter rate. FIRE DEPARTMENT STANDARD CONDITIONS TM Conditions shall be included on off -site improvement plans as "Fire Department Notes." Prior to street completion the developer shall contact the Fire Marshal and schedule a fire clearance for off - site improvements. No building permits will be issued without a Fire —Off-Site Improvement Permit. 63. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure for homes up to 3,600 square feet. Higher flow is required for larger home sizes or mitigation by installation of a residential fire sprinkler system. Street Hydrants shall be spaced every 300 feet, and within 150 feet of any building. Hydrants shall be installed prior to commencement of construction with combustible materials. Fire Hydrant locations shall be approved by the Fire Marshal prior to final map /site improvements. The most remote hydrant shall be flow tested by a qualified person or the Fire Marshal prior to possession bythe water department. Flow test shall be submitted to the Fire Marshal priorto the building permit. Curbing shall be painted red for 15 feet on each side of each hydrant. 64. All homes shall be provided with 2 -inch water laterals and meters, which is the standard for homes in the Wildland /Urban Interface (WUI). 65. Roadways shall provide a minimum 20 feet of unobstructed travel. Vertical clearance of not less than 15 feet shall be provided. Turning radius shall not be less than 32 feet inside and 39 feet outside. At minimum, road widths shall be as follows, or an exception from the Fire Chief obtained. a. 20 feet no parking on either side b. 28 feet no parking on one side. c. 36 feet parking not restricted. d. 78 -foot diameter cul -de -sacs shall be posted and striped no parking. Parking is allowed in 98 -foot diameter cul -de —sacs. 66. Where parking is restricted, it shall be posted with signs for No Parking -Fire Lane and curbs shall be painted red. Signage and curb painting shall be maintained in good condition. The parking enforcement plan shall be reviewed and approved by Deputy Fire Marshal prior to the final inspection of the first unit built. The parking enforcement plan shall be provided by the developer for the HOA to follow, and shall be included in the CC &Rs. TM 06 -06 Proposed Revisions 8 67. Improvement plans to include a paragraph that reads: "Red curbing and signage shall be maintained by the Home Owners' Association. A parking enforcement plan shall be implemented by the Homeowners' Association." 68. Roads shall not exceed 15% grade, shall provide a 14 -foot overhead clearance, and shall provide an inside turning radius of not less than 32 feet and an outside radius of not less than 39 feet. 69. Grade transition from streets to driveways shall not exceed 2 %. Other grade transitions shall not exceed 10% or be such that 30 foot fire apparatus shall not bottom out. 70. Street signage shall be installed prior to start of any on -site improvements (foundations or buildings). FIRE DEPARTMENT SPECIAL CONDITIONS 71.These lots are shown in the state Fire Marshal's map of Fire Hazard Areas as a "High Fire Hazard." Although these lots are not in the Residential Hillside zone, homes in the High Fire Hazard Area shall be subject to the city of Gilroy Fire Code Wildland Urban Fire (WUI) Area requirements specified in Chapter 49, as adopted and amended by the city of Gilroy. The map shall note that the homes shall be constructed pursuant to the Gilroy WUI code. When Architectural and Site review applications are submitted, the plans shall include all provisions for homes in the WUI. 72. The Final Map shall identify a no build zone 30 feet from the open space area that is outside of city limits (tentative map lots 5, 6 and 7). City Council -Added Condition 73. No off -site real estate sales signs will be permitted adjacent to the public right of way. Exhibit B: Mitigation Monitoring Program for the Miller Avenue Reorganization (A 03 -01) Introduction CEQA Guidelines section 15097 requires public agencies to adopt reporting or monitoring programs when they approve projects subject to an environmental impact report or a negative declaration that includes mitigation measures to avoid significant adverse environmental effects. The reporting or monitoring program is to be designed to ensure compliance with conditions of project approval during project implementation in order to avoid significant adverse environmental effects. The law was passed in response to historic non - implementation of mitigation measures presented in environmental documents and subsequently adopted as conditions of project approval. In addition, monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures. A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measure's compliance. This monitoring program is designed to provide a mechanism to ensure that mitigation measures and subsequent conditions of project approval are implemented. Monitoring Program The basis for this monitoring program is the mitigation measures included in the project environmental impact report. These mitigation measures are designed to eliminate or reduce significant adverse environmental effects to less than significant levels. These mitigation measures become conditions of project approval, which the project proponent is required to complete during and after implementation of the proposed project. The attached checklist is proposed for monitoring the implementation of the mitigation measures. This monitoring checklist contains all appropriate mitigation measures in the environmental impact report. Monitoring Program Procedures The City of Gilroy shall use the attached monitoring checklist for the Miller Avenue Reorganization project. The monitoring program should be implemented as follows: 1. The Gilroy Community Development Department should be responsible for coordination of the monitoring program, including the monitoring checklist. The Community Development Department should be responsible for completing the EMC Planning Group Inc. 681067,1 3 -1 3.0 Mitigation Monitoring Program Miller Avenue Reorganization Final EIR monitoring checklist and distributing the checklist to the responsible individuals or agencies for their use in monitoring the mitigation measures; 2. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring checklist have been complied with. Once all mitigation measures have been complied with, the responsible individual or agency should submit a copy of the monitoring checklist to the Community Development Department to be placed in the project file. If the mitigation measure has not been complied with, the monitoring checklist should not be returned to the Community Development Department; The Gilroy Community Development Department will review the checklist to ensure that appropriate mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with at the appropriate time, e.g. prior to issuance of a use permit, etc. Compliance with mitigation measures is required for project approvals; and 4. If a responsible individual or agency determines that a non - compliance has occurred, a written notice should be delivered by certified mail to the project proponent within 10 days, with a copy to the Community Development Department, describing the non - compliance and requiring compliance within a specified period of time. If non- compliance still exists at the expiration of the specified period of time, construction may be halted and fines may be imposed at the discretion of the City of Gilroy. Miller Avenue Reorganization Mitigation Monitoring Checklist Step 1 Prior to approval of a tentative map or other development entitlements for the project site, the following mitigation measures shall be implemented: 2. The applicant shall initiate consultation with the California Department of Fish and Game and the United States Fish and Wildlife Service to obtain an incidental take permit, which will require preparation and approval of a Habitat Conservation Plan (HCP). The HCP may include, but be not be limited to, the following: a. California tiger salamander upland habitat preservation at a three to one ratio. Habitat preservation can occur either on site or at a suitable offsite mitigation bank. Habitat preserved as part of a habitat corridor can be included as onsite mitigation. b. A 300 -foot fenced exclusion zone from the high water mark of Farman Canyon Creek. Four -foot fencing shall be fastened to t -post stakes placed at eight -foot intervals. Signs shall be installed to clearly designate sensitive habitat boundaries. Erosion control shall be installed to prevent washing of soil or materials into the stream during construction. Soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and /or 3 -2 EMC Planning Group Inc. Miller Avenue Reorganization Final EIR 3.0 Mitigation Monitoring Program dumping of materials shall not be allowed within the exclusion zone. The fencing shall remain in place during the entire construction period. Permanent open -rail fencing may be installed in lieu of the temporary fencing. C. A pre - construction worker orientation, prepared and conducted by a qualified biologist, to inform workers of the amphibian's protected status and facilitate identification of the potential presence of special status amphibians. d. Measures to avoid loss of these species during construction activities including but not limited to: 1) Who to contact to remove individual amphibians from the project site prior to and during project grading and construction; 2) How/Where to relocate them to nearby protected habitat or other suitable locations identified in the plan; and 3) Appropriate measures to prevent amphibians from entering the site during construction activities. e. Reporting requirements to monitor the effectiveness of the provision of the HCP. f. Construction details to prevent entry of amphibians into private yards or onto streets, to reduce the potential for accidental take during occupancy of the proposed project. g. Additional mitigation measures may be required as part of a project - specific or regional HCP. The HCP shall be approved by the US Fish and Wildlife Service prior to approval of a tentative map. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division EMC Planning Group Inc. 3 -3 3.0 Mitigation Monitoring Program Miller Avenue Reorganization Final EIR 12. The developer of the project site shall have a geotechnical report prepared to evaluate the project site's suitability for residential development. The report shall identify any measures necessary for building and infrastructure foundations, retaining walls, etc., so that potential impacts associated with seismic events and landslides would be mitigated. The geotechnical report shall be subject to review and approval by the City Engineering Division, prior to approval of a tentative map. The developer shall implement recommendations in the report during site preparation. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division Step 2 Prior to approval of a demolition permit, the following mitigation measures shall be implemented: 9. Prior to demolition of any structures on the project site, the existing structures on shall be evaluated by a qualified historian, if the structures are 50 years or older at the time of application. The historic evaluation shall be included in the CEQA process for future development entitlements of the project site. If the structures are determined to be historically significant, appropriate mitigation measures shall be implemented, which may include retaining the structures. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division Step 3 Prior to approval of a building pernut and grading activities the following mitigation measures shall be implemented: 1. The following surveys shall be required 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). 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. Results of the survey shall be documented by the biologist, and reviewed by the City Planning Division, prior to issuance of a building permit. If active nests are found in the survey area, the applicant shall contact the California Department of Fish and Game and shall initiate a Memorandum of Understanding (MOU) process with the California Department of Fish and Game. The MOU shall 3 -4 EMC Planning Group Inc. Miller Avenue Reorganization Final EIR 3.0 Mitigation Monitoring Program 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). The MOU may contain, but not be limited to, the following: • Avoidance of occupied burrows during the nesting season (February 1 through 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. The MOU process shall be completed prior to grading or construction activities. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 3. The following surveys shall be required if any construction would occur during the nesting season for raptors (April 15 — August 1). Preconstruction surveys for nesting raptors shall be conducted by a qualified biologist prior to commencement of grading activities. If raptor nests are located during pre - construction surveys, a qualified biologist shall establish a 300 -foot buffer around each nest for the duration of the breeding season (until such time as the young are fully fledged) to prevent nest harassment and brood mortality. Work may proceed prior to August 1 only if a qualified biologist conducts nest checks and establishes that the young are fully fledged. Every effort will be made to avoid removal or impact to known raptor nests within project boundaries. If trees known to support raptor nests cannot be avoided, removal of these trees will only occur during the non - breeding season to reduce impacts to a less than significant level. Results of the survey shall be documented by the biologist, and reviewed by the City Planning Division, prior to issuance of a building permit. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division EMC Planning Group Inc. 3 -5 3.0 Mitigation Monitoring Program Miller Avenue Reorganization Final EIR 4. Prior to future development activities, and in coordination with the mitigation measures above, a 300 -foot setback from the high water mark of Farman Creek will be fenced. Grading and equipment will not be allowed within this setback. If disturbance is proposed within the creekbed, a Section 404 permit from the USACE and a Streambed Alteration Agreement from CDFG will be obtained. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 5. In order to allow a prompt and effective response to any accidental spills occurring during construction, and to protect on -site and downstream water quality and habitat, the project proponent shall prepare a spill abatement plan and hold a pre - construction worker orientation meeting(s) to discuss the spill abatement plan. Workers shall be informed of the importance of preventing spills, and of the appropriate measures to take shall a spill occur. The materials necessary for the initial response to a spill shall be kept at an easily accessible location on the project site. The erosion control plan should include but not be limited to the following best management practices: a. Temporary mulching, seeding or other suitable stabilization measures to protect exposed erodible areas during construction; b. Earth or paved interceptors and diversions installed at the top of cut or fill slopes where there is a potential for erosive surface runoff, C. Erosion and sediment control devices for all grading and filling. Control devices and measures could include, but are not limited to energy absorbing structures or devices to reduce the velocity of runoff water, and; d. Within thirty days after completion of grading, all surfaces disturbed by vegetation removal, grading, or other construction activity that alters vegetative cover, should be revegetated to control erosion, unless covered with impervious or other improved surfaces authorized by approved plans. Erosion controls may include any combination of mechanical or vegetative measure, including but not limited to those described in USDA Soil Conservation Service Bulletin 347. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 6. In order to prevent the spread of invasive non - native species, the project proponent shall prepare a landscaping and re- vegetation plan to include the following requirements: a. An eradication plan for plants listed in California Invasive Plant Council's Exotic Pest Plants of Greatest Ecological Concern in California currently growing on the project site; 3 -6 EMC Planning Group Inc. Miller Avenue Reorganization Final EIR 3.0 Mitigation Monitoring Program b. Use of plants listed in California Invasive Plant Council's Exotic Pest Plants of Greatest Ecological Concern in California shall be prohibited; C. Exposed soil areas shall be planted, mulched, or covered between October 15 and the following April 15 each year; d. Plant materials used in landscaping, erosion control, or habitat restoration shall consist of plants that are included in an appropriate native California plants as identified by a qualified biologist or landscape architect; and e. To prevent erosion and conserve water, bare soil between newly installed plant materials shall be mulched, covered with jute netting, or seeded with a mix of seeds best suited for the climate and soil conditions, and native to the Gilroy region. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 7. Future developers shall specify in project plans the implementation of the following dust control measures during grading and construction activities for development of the project site. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Engineering Division: • 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 immediately (with water sweepers) if visible soil material is carried onto adjacent public streets. • Hydroseed or apply (non- toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for fourteen 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 EMC Planning Group Inc. 3 -7 3.0 Mitigation Monitoring Program Miller Avenue Reorganization Final EIR • Replant vegetation in disturbed areas as quickly as possible. • Place 100 linear feet of 6 to 8 inch average diameter cobble at all exist points to dislodge and trap dirt from vehicle tires; • 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. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division The following measures shall be incorporated into all project plans, subject to the review and approval of the City of Gilroy Engineering Division: • Idling time of construction equipment shall not exceed five minutes; • Limit the hours of operation of heavy duty equipment and /or the amount of equipment in use; • All equipment shall be properly tuned and maintained in accordance with the manufacturer's specifications; • When feasible, alternative fueled or electrical construction equipment shall be used at the project site; • Use the minimum practical engine size for construction equipment; and • Gasoline - powered equipment shall be equipped with catalytic converters, where feasible. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division 10. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included on all construction plans for the proposed project, subject to the review and approval of the City Planning Division: 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. Party responsible for implementation: Applicant EMC Planning Group Inc. Miller Avenue Reorganization Final EIR 3.0 Mitigation Monitoring Program Party responsible for monitoring: Gilroy Planning Division 11. In accordance with CEQA Guidelines section 15064.5(e), the following language shall be included in the proposed project plans: 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 a coroner 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 i£ 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. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division EMC Planning Group Inc. 3.9 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2016 -09 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 1St day of February, 2016 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 2nd day of February, 2016. awna Freels, MMC City Clerk of the City of Gilroy (Seal)