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Resolution 1999-74 ".~- . . RESOLUTION NO. 99-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DOCUMENTING APPROVAL OF TM98-1O, A TENTATIVE MAP WITH ELEVEN RESIDENTIAL LOTS AND ONE COMMON AREA LOT ON APPROXIMATELY 2.9 ACRES LOCATED AT THE NORTHWEST CORNER OF ROGERS LANE AND HOOVER COURT, APN 841-07-0S7 WHEREAS, Eduardo A. Bull ("Applicant") submitted TM 98-10, requesting a Tentative Map to subdivide a 2.9-acre lot into eleven (11) single family lots and one (I) common area lots; and WHEREAS, the property affected by TM 98-10 is located at the northwest corner of Rogers Lane and Hoover Court, as described in Exhibit A attached hereto; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Negative Declaration, along with a MitigationIMonitoring program, was adopted by the City Council on July 19, 1999; and WHEREAS, the Planning Commission held a duly noticed public hearing on June 30, 1999, at which it considered this project and voted to recommend adoption of the Negative Declaration and approval ofTM 98-10 to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on August 2, 1999, at which time the City Council considered the public testimony, the Staff Report dated June 17, 1999, and all other documentation related to application TM 98-10; and WHEREAS, following the public hearing, the City Council approved TM 98-10 as set forth in Option One of the Staff Report, subject to revisions and conditions; and IKHM\454828,01 915.083104706002 -1- RESOLUTION NO. 99-74 ~ . . 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 A. The City Council finds as follows: 1. The project is consistent with the site's land use designation on the General Plan map, and with the intent of the General Plan text. 2. The project is consistent with the Zoning Ordinance, the City's Subdivision and Land Development Code, and the State Subdivision Map Act. 3. There are no facts to support findings requiring denial of the proposed tentative map pursuant to California Govemment Code section 66474. 4. There is no substantial evidence in the record that this project will have a significant effect on the environment. B. Tentative Map TM 99-10 was approved on August 2, 1999, subject to: I. Option One of the Staff Report and the twenty (20) conditions identified in the Staff Report, attached hereto as Exhibit B, and incorporated herein by this reference, and two additional conditions which shall read in their entirety as follows: Condition 21. The lot immediately west of the drainage channel (previously identified as Lot One) be combined with Lot Two. A footbridge shall be constructed over the drainage channel connecting the east and west sides of Lot Two. Condition 22. Lot Two may not be subdivided in the future. IKHM\454828,01 915-083104706002 -2- RESOLUTION NO. 99-74 . . 2. The mitigation measures set forth in the Negative Declaration, and the MitigationIMonitoring Program, attached hereto as Exhibit C and incorporated herein by this reference. C. The approval of TM 98-10, as described above, became effective on August 2, 1999. PASSED AND ADOPTED this 7th day of September, 1999 by the following vote: AYES: NOES: COUNCILMEMBERS: ARELLANO, MORALES, GILROY COUNCILMEMBERS: GIFFORD, ROWLISON ABSENT: COUNCILMEMBERS: SUDOL APPROVED: / K.A. Mike Gilroy, Mayor ATTEST: ~. Rhonda Pellin, City Clerk \KHM\454828,01 915-083104708002 -3- RESOLUTION NO. 99-74 " . . j GILROY r \ - D. iRoad '\ w.st~aneh U~Cr1l8k f '. '. '. :;; :e :iii :> .. :j :15 :~ Leavesley Road '. :; I J .. . ;; ~ . :~MllI." =fklugll :. ~ '\ Project Location ;.- _.- SIX'ltl 51r&e! ..... . ;; 5 c ~ . ~ ". '. ". ) TenthStrHt : Tenth Stl'1ttlt ". 1 'x ::;( .. ~% Source: California Automobile Association and EMC Planning Group Inc. ~ Scale: 1" = 2000' EXHIBIT A LOCA TION MAP FOR TM 98-10 AND A/S 99-22 / June 17, 1999 . . 9()ml?unity.Development Department Planning Division . Staff Report File Number: TM 98-10 Applicant: Eduardo A. Bull Location: Northwest comer of Rogers Lane and Hoover Court Staff Planner: Melissa Durkin RRQURSTRD ACTION: Approval of a tentative map for a subdivision of 12 residential lots and one remainder lot., , . DESCRIPTION OF PROPERTY: ' ' Parcel Number: Parcel Size: Flood Zone: , 841-07-OS7 2.9 acres "X", Panel # 060 340 0002D, Panel Date: 8/17/98 STATUS OF PROPRRTV: Existing T ,and TTse Undeveloped General Plan Designation Low Density Residential STATUS OF SURROITNDING PROPRRTY: Existing T ,~nd T Jse N: Single Family Homes S: Duette Homes E: Orchard W: Single Family Homes General Plan Designation Low Density Residential Low Density Residential Low Density Residential Low Density Residential EXHIBIT B Zoning R2-pUD Zoning Rl R2-PUD R2 RI .. . TM 98-10 2 6/1 7/99 CONFORMANCE OF REQUEST WITH GENERAL PLAN: The proposed project conforms to the land use designation for the property on the General Plan map, and is consistent with the intent of the text of the General Plan document. This project conforms with the policies of Gilroy's General Plan. The following examples demonstrate this compliance: Urhan Development and Community De~ign (Section II): Policy 3: "Urban Development will only occur within the incorporated portion of the Planning Area. Land will therefore be annexed to the City before final development approval is given." The proposed project is in conformance with this policy, because this land has been within City limits for many years. Policy 4: "The City will phase development in an orderly, contiguous manner in order to maintain a compact development pattern to avoid premature investment fOr the extension of public facilities and services. New urban development will occur in areas where municipal services are available and capacity exists prior to the approval of development in areas which would require major new facility expansion." The proposed project is in conformance with this policy, because this property is surrounded by developed residential property on three sides. Municipal services are currently available at this site. ENVIRONMENT A I, IMP ACTS: NEGATIVE DECLARATION An expanded Initial Study has been prepared for this project. The study identified potentially significant effects on the environment, however, the applicant has agreed to individual mitigation measures which will avoid or mitigate the effects to a point where no significant impacts will occur. A Negative Declaration with 9 mitigation measures (see attached) has been prepared for this project, and must be adopted prior to project approval. ROO BACKGROUND: This project consists of the development of 12 homes, which will be constructed in two phases over a three year period. Zoning Ordinance section SO.62 (b) (I) allows projects that produce 12 residential units or fewer within a three year period to be exempt from the requirements of the Residential Development Ordinance. . . TM 98-10 3 6/17/99 ANALYSIS OF REQUEST: This proposed Tentative Map will subdivide a 2.9 acre site into 12 residential lots, and a remainder lot that will be divided into six home sites in the future. This site has a zoning designation ofR2-POO (Single Family Residential-Planned Unit Development), and is planned to be subdivided into lots ranging in size from 3,222 square feet to 8,63S square feet, with an average lot size of 4,S62 square feet. The Tentative Map shows the first phase of this development adjacent to existing homes on Hoover Court and the drainage channel, with the second phase adjacent to existing homes on Lewis S treel. I,ot Size Exception This site is located within a Planned Unit Development (PUD), and the applicant is proposing to use the flexibility of the pUD to allow the Tentative Map to create lots that are less than the minimum size required by the Zoning Ordinance. Section 11.30 of the Zoning Ordinance requires a minimum of 8,000 square feet for R2 lots that are planned to be developed with two homes, and a minimum of 6,000 square feet for R2 lots that are planned to be developed with one home. The applicant is proposing to construct one single family detached home on each of these sites. The reduced lot size is being requested to maximize the number of single family units that can be built on this property, within the density allowed by the R2 zoning district. The applicant could altematively maximize the number of units in this development by creating 8,000 square foot lots, and constructing duplexes on these lots. If the applicant chose this development scenario, he could create 6 or 7 new R2 lots, allowing 12 to 14 new duplex units to be developed within the area proposed to be subdivided. That is approximately the same number of units that will be created under the proposed scenario. However, the proposed scenario would create individually owned single family homes, whereas building duplexes would produce at least 6 or 7 new rental units in this area (at least one rental unit per duplex lot). This area has a significant amount of rental housing already, and the neighborhood has suffered from the lack of a blend of rental units and owner occupied units. Staff believes that constructing more owner occupied dwellings in this area will strengthen the neighborhood mix. The applicant has addressed Staff's concerns with the proposed lot sizes by designing homes specifically to fit on these lots, and by providing a minimum of 40 feet of frontage for each lot, which will allow for a 20 foot wide driveway and a 20 foot long strip of on-street parking. The applicant will landscape the front yards of each home within this development in exchange for the flexibility allowed by the Planned Unit Development zoning designation. Draina~e Channel hSlles The proposed project is bisected by a drainage channel. The portion of the channel that traverses this property is owned by the applicant. One of the conditions of approval of this project will be that the applicant will grant easements to the Santa Clara Valley Water District for the maintenance of this channel. / ./~ '. . TM 98-10 4 6/17/99 There is a potential that this channel may be developed with a pedestrian and bicycle path in the future. General Plan Section VI-3, policy number IS states, "The City should attempt to acquire the rights to use public and quasi-public utility and drainage channel corridors as linear parks to provide the network for a system of pedestrian and bicycle paths." Based on this policy, City staff is attempting to limit the number of houses built with their rear, yards adjacent to the channel, by reserving these areas for open space, parking areas, streets or other buffers. The purpose of this is to prevent conflicts between residents and people using the trails. The applicant has placed homes sites abutting the channel on this property. This is clearly an undesirable situation. However, Staff believes the only alternative development sGenario would be to construct multi-family rental units in this area, which is considered less desirable by Staff. If this application is approved, Staff recommends that the future owners of the lots adjacent to the channel be notified that the channel could be developed with a bike path. Access to I,ot One Lot One is located on the western side of this property, and is separated from the remainder of this development by the drainage channel. Access to this lot will be provided by a box culvert traversing this channel. Police Department staffhas several concerns about placing a home on this site, because this property is located in a distressed area where there is a higher-than-average amount of criminal activity. These concerns are as follows: 1. The presence of the drainage channel creates a fortress-like effect on this property. If future residents of this site are engaged in criminal activity, police officers may have difficulty gaining control of this site. . , 2. This site cannot be patrolled. 3. The limited access to this site could create hazards to police officers responding to criminal activity. 4. A law-abiding citizen living on this site may be subject to increased criminal activity (thefts and possibly vandalism) simply due to the isolation of the lot. Staff would prefer that the land contained within Lot One be transferred to the property owners abutting this land, and that it be surrounded by a fence to separate it from the channel. The applicant is opposed to this scenario, because it would reduce the number of lots that can be developed in this project. To increase security of this site, the applicant will be required to construct a tubular steel fence in the front yard setback of Lot I, and to plant low growth ground cover in this area. This provision will increase the visibility of the lot from Hoover Court. This will be included as a conditional of approval of the PUD Architectural and Site Review for this project. . . ..TM 98-10 S 6/17/99 ,)?:;~o',\~:::i"::t":,:"."';:"";'."" . " ' 'Thlsis'ahighlyconstrained site, and is therefore difficult to develop. The applicant has worked with "Staff over a period of almost one year to address the intricacies of this site. Access to this development will be provided by Roger's Lane and Hoover Court (both local streets). The street alignments are consistent with minimum City development standards. STAFF RRCOMMF,NDATJON Staff recommends that the Planning Commission forward a recommendation of APPROVAL 'of this request to the City Council for the following reasons: A. The project proposal is consistent with the exemption from the Residential Development Ordinance permitted under Zoning Ordinance section SO.62 (b) (I); B. The proposed tentative map (if revised) would be generally consistent with the intent of the goals and policies of the City's General Plan document; C. The proposed development is consistent with the Zoning Ordinance, the City's Subdivision and Land Development Code, and the State Subdivision Map Act; D., Public utilities and infrastructure improvements needed in order to serve the proposed project are adjacent to the project site; and E. ,There will be no significant environmental impacts as a result of this project due to the required rnitigation measures to be applied. Tn addition, Staff recommends the following conditions he placed on the approval o(this request: 1. Mitigation Measures I through 9 contained within the Negative Declaration for this project shall be applied to the approval of the project in order to reduce and/or eliminate all potential significant impacts to a level of insignificance, as required under the California Environmental Quality Act (CEQA), subject to the review and approval of the Planning Division. , 2. Hydrant locations and water main sizing shall be subject to approval by the Building, Life and Environmental SafetY Division, prior to the issuance of any building permits. The minimum fire flow shall be 1000 gallons per minute.' 3. Fire hydrants shall be installed and able to be opened prior to the start of combustible construction, subject to approval by the Building, Life and Environmental Safety Division. 4. An all-weather fire access road shall be provided and maintained prior to commencement of combustible construction (minimum 20 foot width), subject to approval by the Building, Life and Environmental Safety Division. . . TM 98-10 6 6/1 7/99 5. The front yards of all of the homes in this development shall be landscaped and provided with an irrigation system, subject to the review and approval of the Planning Division. 6. Street improvements and the design of all storm drainage, sewer and water lines, and all street sections and widths shall be subject to the review and approval of the Engineering Division. 7. All utilities to, through, and on the site shall be constructed underground, in accordance with Municipal Code Section 21.120, subject to the review and approval of the Engineering Division. 8. All street improvements are to be done per City of Gilroy Standards, subject to the approval of the City Engineer. ' 9. All retaining walls must be constructed of permanent materials such as concrete or masonry. Wood shall not be permitted. This shall be subject to the review and approval of the Engineering Division. 10. 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 grades of all adjacent properties, and shall be subject to the approval of the Engineering Div.ision. II. All lots shall drain to the street for stOlm drainage, subject to the review and approval of the Engineering Division. 12. The developer shall negotiate rights-of~way with Pacific Gas and Electric and other utilities, subject to review and approval by the Engineering Division and the utility companies. . 13. All existing water wells shall be sealed to meet the approval of the City Engineer and the Santa Clara Valley Water District (SCVWD). 14. All existing septic tanks shall be removed and capped, subject to the review and approval of the Engineering Division and the Santa Clara Valley Water District (SCVWD). IS. All work conducting within or adjacent to the water channel shall be subject to the review and approval of the Santa ClaraValleyWaterDistrict (SCVWD)., ' 16. The applicant shall grant easements' for the maintenance of the water channel to the Santa Clara Valley Water District (SCVWD). Thisshall be subject to the review and approval of the Engineering Division and the SCVWD. . . TM 98-10 7 6/17/99 17. The subdivider shall defend, indemnify, and hold harmless the City, its City Council, Planning Commission, agents, officers, and employees from any claim, action, or proceeding against the City or its City Council, Planning Commission, agents, officers, or employees to attack, set aside, void, or annul an approval of the City, City Council, Planning Commission, or other board, advisory agency, or legislative body concerning this subdivision. City will promptly notify the subdivider of any claim, action, or proceeding against it, and will cooperate fully in the defense. This condition is imposed pursuant to Califomia Govermnent Code Section 66474.9. 18. Prior to Council approval of the Tract Map and Improvement Plans, the following items will need to be completed: 1. A signed original composite plan by the electrical design engineer shall be a part of the improvement plans; 2. 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; 3. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the City; and 4. The plan check and inspection fee for the utility underground work will be collected by the City. This shall be subject to review and approval by the Engineering Division. 19. With the exception of lots that received an exemption from the application of the City's Residential Development Ordinance (RDO) (City Zoning Ordinance Sections SO.60 et seq.-), no building permit shall be issued in connection with this project if the owner or developer of such development (i) is not in compliance with the RDO, any conditions of approval issued in connection with such development, or other City requirements applicable to such development; or (ii) is in default under any agreement entered into with the City in connection with such development pursuant to the RDO. ' 20. The applicant shall notify the purchasers of all lots adjacent to the Santa Clara Valley Water District channels thatthese channels may be developed with a bike and jogging path, subject to the review and approval of the Planning Division. Respectfully, William Faus Planning Division Manager . . Community Development Department Planning Division NEGATIVE DECLARATION City of Gilroy 73S1 Rosanna St. Gilroy, CA 95020 (408) 848-0440 City File Number: TM 98-10 ~ject Description: Name of Project: Nature of Project: Hoover Village Residential Subdivision Request to subdivide a 2.878 acre site into 18 residential lots ~ject I,ocation: Location: West of Roger's Lane, at the terminus of Hoover Court Assessor's Parcel Numbers: 84l-07-0S7 Entity or Person(s) ITndertakine Project: Name: Address: Eduardo A. Bull 6S47 Deer Hollow Drive San Jose, CA 9S120 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, 73S1 Rosanna Street, Gilroy, CA 9S020. Findine.~ & 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. EXHIBIT C . . Negative Declaration Hoover Village Residential Subdivision 2 4/16/99 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. The Initial Study was independently reviewed by City staff, and this Negative Declaration reflects the independent judgement of the City of Gilroy. Mitigation Measures: I. The following control measures shall be incorporated into any permits for development of the project site, subject to review and approval by the City of Gilroy Building, Life and Environmental Safety Division, and the City of Gilroy Engineering Division: a) Water all active construction areas at least twice daily. b) Cover all trucks hauling soil, sand, and other loose materials or require all trucks 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 carried onto adjacent public streets. 2. Prior to the commencement of bridge construction activities, the project developer shall contact the California Department ofFish and Game (CDFG) to determine if the proposed bridge construction would require a Streambed Alteration Agreement under section 1603 of the Fish and Game Code. If consultation with the CDFG determines that a Streambed Alteration Agreement is necessary, the project developer shall obtain a Streambed Alteration Agreement from the CDFG. Compliance with the mitigation measure may include, but not be limited to, the following: . Bridge construction work shall be initiated and completed during sununer months when channel is dry, or at least has a very low flow. Typically, no construction work shall be allowed in the channel between October IS and early June. . From June I to October IS, when construction is allowed, if any water is flowing in the channel, the flow shall be diverted into a bypass channel for the duration of the bridge construction work. Compliance with the mitigation measure is subject to review and approval by the California Department ofFish and Game and the City of Gilroy Engineering Division. . . Negative Declaration Hoover Village Residential Subdivision 3 4/16/99 3. The project developer shall contact the U.S. Army Corps of Engineers (Corps) at the earliest possible stage of planning all phases to determine if the nature of the proposed work would require a permit under the provisions of the Clean Water Act Section 404. If consultation with the Corps determines that a permit is necessary, permit requirements may include, but not be limited to, the following actions to be completed prior to issuance of a building permit: . Delineate the amount of wetlands to be filled during construction activities; . Obtain a water quality certification or waiver from the Regional Water Quality Control Board; and . Apply for Corps permit or notifY the Corps prior to fill activities. Compliance with this mitigation measure is subject to review and approval by the U.S. Army Corps of Engineers and, the City of Gilroy Planning Division. 4. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included in all 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 City Planning Division: "If archaeological resources or human remains are discovered during construction, work shall be halted at a minimum of200 feet from the fmd, and the area shall be staked off. The project developer shall notifY the coroner or the Director of the Archaeological Regional Research Center. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented." S. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the following language shall be included in all permits issued for the project site in accordance with CEQA Guidelines section lS064.S (e), including, but not limited to building permits for future development of all lots in the subdivision, pursuant to review and approval of the City Planning Division: If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identifY the person or persons it believes to be the most likely descendent 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 provided in Public Resources Code Section S097,98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identifY a most . . Negative Declaration Hoover Village Residential Subdivision 4 4/16/99 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. 6. The following language shall be included on, but not limited to, grading permits for the future development, pursuant to the review and approval of the City of Gilroy Engineering Division: a) Remove existing vegetation only when absolutely necessary; b) Protect downslope drainage courses, streams, and storm drains with hay bales or temporary drainage swales; c) Use check dams or ditches to divert runoff around excavations; d) Cover stockpiles and excavated soil with secured tarps or plastic sheeting; and e) Schedule excavation and grading work for dry weather. 7. A soils investigation shall be prepared for the project by a qualified soils engineer. The recommendation of the soils investigation shall be incorporated into the fmal map and shall be reviewed and approved by the Gilroy Engineering Division prior to approval of the final map. 8. The design and construction of all storm drainage improvements serving the proposed project site shall be provided by the project developer, and will be subject to review and approval by the Gilroy Engineering Division prior to approval of the final map. The design of storm drainage improvements shall include adequate pollution control measures to reduce polluting downstream water systems. 9. The following language shall be included on any permits issued for the proposed project, including, but not limited to, building permits for the future development of the residential subdivision: "All noise generating construction activities shall be limited to weekdays between 7 AM and 7 PM, to Saturdays and City holidays between 9 AM and 7 PM. No construction is allowed on Sundays." Date Prepared: April 16, 1999 End of Review Period: May 21, 1999 William Faus Planning Services Manager . . Appendix '1 J , J Mitigation Monitoring Program I . Ii 4 ~ t. . . Hoover Village Subdivision Initial Study (TM 98-10) Mitigation Monitoring Program Introduction -' 1 ,., On January 1, 1989, the California State Legislature passed into law Assembly Bill 3180. This bill 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. l F , l 1 , 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 this initial study. These mitigation measures are designed to eliminate or reduce significant adverse environmental effects to less-than-significantlevels. 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 this initial study. Monitoring Program Procedures It is required that the City of Gilroy uses the attached monitoring checklist for the proposed project. The monitoring program should be implemented as follows: 1. The Gilroy Planning Director should be responsible for coordination of the monitoring program, including the monitoring checklist. The Planning Director should be responsible for completing the monitoring checklist and distributing the checklist to the responsible individuals or agencies for their use in monitoring the mitigation measures. 2, Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring checklist have been complied with, Once all mitigation measures have been complied with, the responsible individual or agency should submit a copy of the monitoring checklist to the Planning Director 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 Planning Director. Bull Subdivision Initial Study Mitigation Monitoring Program 1 . '1 , . . 3. Prior to issuance of an occupancy permit, the Planning Director should review the checklist to ensure that all mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with. An occupancy permit should not be issued until all mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with. 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 Planning Director, describing the non-compliance and requiring compliance within a specified period of time. If a 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. _I J ,j I ] ) I ..~ ~~ #, '.~ Hoover Village Subdivision Initial Study Mitigation Monitoring Program 2 l . . . Mitigation Monitoring Checklist A Prior to approval of the Final Map, the following mitigation measures shall be implemented: i .J '# J 7 A soils investigation shall be prepared for the project by a qualified soils engineer. The recommendation of the soils investigation shall be incorporated into the final map and shall be reviewed and approved by the Gilroy Engineering Division prior to approval of the final ma . Developer Gilroy Engineering Division j ~J 8 The design and construction of all storm drainage improvements serving the proposed project site shall be provided by the project developer, and will be subject to review and approval by the Gilroy Engineering Division prior to approval of the final map, The design of storm drainage improvements shall include adequate pollution control measures to reduce polluting downstream water s stems. Developer Gilroy Planning Division .'J i oJ '~ ~ il , fJ ,,; ~.., ,~ f i J I 5 ) ~ i :~ . . ~ , Hoover Village Subdivision Initial Study Mitigation Monitoring Program 3 , ; ,. '~ l . . Mitigation Monitoring Checklist B Prior to issuance of a Building Permit, the following mitigation measures shall be implemented: J ( 1 The following control measures shall be incorporated into any permits with development of the project site: Developer Gilroy Planning Division 1) Water all active construction areas at least twice daily. 2) Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. 1 * 3) 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. 4) Sweep daily (with water sweepers) all paved access roads. parking areas and staging areas at construction sites. 5) Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent ublic streets. ') Hoover Village Subdivision Initial Study Mitigation Monitoring Program 4 ,/ . . .J 2 Prior to the commencement of bridge Developer Gilroy construction activities, the project development Planning shall contact the California Department of Fish Division and Game (CDFG) to determine if the proposed bridge construction would require a Streambed Alteration Agreement under Section 1603 of the Fish and Game Code. If consultation with the CDFG determines that a Streambed Alteration Agreement is necessary, the project developer shall obtain a Streambed Alteration Agreement from the CDFG.Compliance with this mitigation measure may include, but not be limited to, the following: . Bridge construction work shall be initiated and completed during the summer months when channel is dry, or at least has a very low flow. Typically, no construction work shall be allowed in the channel between October 15 and early June. . From June to October 15, when construction is allowed, if any water is flowing in the channel, the flow shall be diverted into a bypass channel for the duration of the bridge construction work. 3 The project developer shall contact the U.S. Army Developer Gilroy Corps of Engineers (Corps) at the earliest possible Planning stage of planning all phases to determine if the Division nature of the proposed work would require a permit under the provisions of Clean Wate! Act Section 404. If consultation with the Corps determines that a permit is necessary, permit requirements may include, but not be limited to, the following actions to be completed prior to issuance of a building permit by the Gilroy Planning Division. . Delineate the amount of wetlands to be filled during construction activities; . Obtain a water quality certification or waiver from the Regional Water Quality Control Board; and . Apply for Corps permit or notify the Corps orior to fill activities. .J j " ~t- i 1 I r 4 ( I .1 f 1 '\ "J ~ Hoover Village Subdivision Initial Study Mitigation Monitoring Program 5 . . I I j 4 Due to the possibility that significant buried Developer Gilroy cultural resources might be found during Planning construction, the following language shall be Division included in all 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 City Planning Division: "If archaeological resources or human remains are discovered during construction, work shall be halted and an immediate evaluation shall be made of the find by a qualified professional archaeologist. If the find is determined to be an historical or unique archaeological resource, contingency funding and a time allotment sufficient to allow for implementation of avoidance measures or appropriate mitigation shall be available. Work could continue on other parts of the building site while historical or unique archaeological resource mitigation takes place. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented." J ~ I 1 'I '$ ...; , J f , J ) f ~ 1 ~ Hoover Village Subdivision Initial Study Mitigation Monitoring Program 6 . . j 5 In the event of an accidental discovery or Developer Gilroy recognition of any human remains in any location Planning other than a dedicated cemetery, the following Division language shall be included in all permits issued for the project site in accordance with CEQA Guidelines section 15064.5 (e), including, but not limited to building permits for future development of all lots in the subdivision, pursuant to review and approval of the City Planning Division: If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent 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 provided in Public Resources Code Section 5097,98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a 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. j J ;~ \~ :1 ;J ) t I ~ I 1 ~ t J 'J ':i~ ..~ .~, J J J Hoover Village Subdivision Initial Study Mitigation Monitoring Program 7 1 . . i 6 The following language shall be included, but not Developer Gilroy limited to grading permits for the future Planning development, pursuant to the review and Division approval of the City of Gilroy Planning Division: . Remove existing vegetation only when absolutely necessary; . Protect downslope drainage courses, streams, and storm drains with hay bales or temporary drainage swales; . Use check dams or ditches to divert runoff around excavations; . Cover stockpiles and excavated soil with secured tarps or plastic sheeting; and . Schedule excavation and grading work for dry weather. 9 The following language shall be included on any Developer Gilroy permits issued for the proposed project, Planning including, but not limited to, building permits for Division the future development of the industrial subdivision: "All noise generating construction activities shall be limited to weekdays between 7 AM and 7 PM, to Saturdays and City holidays between 9 AM and 7 PM. No construction is allowed on Sundays," J ] ... ,.~ i I J : I ,. f, i I ~ , 1 ,~ ,> ,h " Hoover Village Subdivision Initial Study Mitigation Monitoring Program 8 . . I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No, 99-74 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 7th day of September, 1999, 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 22nd day of September, 1999, ~~tfli:~dfZ en" ~ City Clerk ofthe-Clty of Gilroy (Seal)