Resolution 2000-16
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RESOLUTION NO. 2000-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING AlS 00-01 (PUD), AN APPLICATION
FOR ARCHITECTURAL AND SITE APPROVAL OF A
PLANNED UNIT DEVELOPMENT (PUD) TO ALLOW FOR
THE CONSTRUCTION OF 33 SEMI-PRODUCTION HOMES
LOCATED ON THE SOUTH SIDE OF MANTELLI ROAD IN
PHASE II OF COUNTRY ESTATES IN THE RESIDENTIAL
HILLSIDE ZONING DISTRICT APN 783-47-46
WHEREAS, Greystone Homes ("Applicant") submitted AlS 00-01, an application for
architectural and site approval of a planned unit development ("PUD") to allow for the
construction of 33 semi-production homes within the Residential Hillside zoning district located
on the south side ofMantelli road in Phase II of Country Estates; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Negative
Declaration was adopted by the City Council on March 1, 1999, which Negative Declaration
continues to apply to this phase of the project; and
WHEREAS, the Planning Commission reviewed application AlS 00-01 at its duly
noticed public meeting on March 2, 2000, and recommended that the City Council approve
AlS 00-01 with 6 conditions; and
WHEREAS, the City Council held a duly noticed public meeting on March 20, 2000, at
which time the City Council considered the public testimony, the Staff Report dated February 15,
2000, (Revised March 3,2000) and all other documentation related to application AlS 00-01; 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.
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02.()32204706002
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Resolution 2000-16
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NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council hereby adopts the following findings as required by Zoning
Ordinance section 50.55 based upon substantial evidence in the record:
I. The project's architectural and site design are substantially consistent with
the tentative map (TM 95-06) previously approved by the City Council
and the nearby existing residential hillside development.
2. The project's site design conforms to the land use designation for the
property on the General Plan land use map, and is consistent with the
intent of the text of the General Plan document.
2. There is no substantial evidence that a significant environmental impact
will result from this project due to the required mitigation measures
applied to the development.
3. As submitted, the project is consistent with the necessary Planned Unit
Development findings A through I, as stated under Zoning Ordinance
Section 50.55, and facts as set forth in the Staff Report attached hereto as
Exhibit A support the findings.
B. AlS 00-01 should be and hereby is approved subject to:
1. The six (6) conditions set forth in the revised Staff Report dated March 3,
2000, attached hereto as Exhibit A and incorporated herein by this
reference, with modification to Condition 3 which shall read in its entirety
as follows:
\GMB\474768.1
02.032204706002
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Resolution 2000-16
NOES:
COUNCILMEMBERS:
G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO
SUDOL, VELASCO
SPRINGER
NONE
. .
Condition 3 No two-story residence shall exceed 30 feet in height at any
one point, excluding chimneys.
2. The mitigation measures set forth in the Negative Declaration and the
MitigationIMonitoring Program, which Negative Declaration is attached
hereto as Exhibit B and incorporated herein by this reference.
PASSED AND ADOPTED this 3'd day of April, 2000, by the following vote:
AYES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
NONE
APPROVED:
~
( A,"JYv>-(,v) I A ;'1 ~
Thomas W. Springer, Mayo
~
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Rhonda Pellin, City Clerk
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02-032204706002
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Resolution 2000-16
'<io.
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Revised Marcb 3, 2000
February 15,2000
~ ~ EXHIBIT A
Community Development Department
Planning Division
Staff Report
FILE NUMBER: AJS 00-01 "Greyslone Homes" (Planned Unit Development)
APPLICANT: Greystone Homes (c/o Tom Simonson)
LOCA nON: Westerly terminus ofMantelli Drive, north of Country Drive
STAFF PLANNER: Cydney Casper, Planner I
REQUESTED ACTION:
Planned Unit Development (PUD) Architectural and Site approval to construct 33 semi-production homes
located on the south side ofMantelli Road in Phase Il of Country Estates in the Residential Hillside zoning
district.
DESCRIPTION OF PROPERTY:
Parcel Number:
Land Area:
Flood Zone:
783-47-46
Approximately 24 acres
"X" (Panel #060340 00010, revision date 8117/98)
STATUS OF PROPERTY:
Existing Land Use
Vacant Land
STATUS OF SURROUNDING PROPERTY:
Existing Land Use
North:
East:
South:
West:
Vacant Hillsides
Single Family Residences
Single Family Residences
Pasture Lands
General Plan Desil!lllltion
Residential Hillside
General Plan Desil!l1ation
Residential Hillside
Residential Hillside
Residential Hillside
Open Space, Public Facility
Zoning
RH
Zoning
RH
RH
RH
County
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Revised 3/3/00
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CONFORMANCE OF REOUEST WITII 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 ofthe text of the General Plan document.
ENVIRONMENTAL IMPACTS:
NEGATIVE DECLARATION
A prior Initial Study. which covers this request. was considered under the Tentative Map for Country
Estates Phase II (TM 95-06). Although there were significant impacts noted, specific mitigation measures
were incorporated in and applied to the project, which reduce the impacts to a less than significant or no
impact. On October 19. 1998 a Negative Declaration, containing 24 mitigation measures. was prepared
and posted. At their meeting of March I, 1999, the Gilroy City Council approved and adopted the
Negative Declaration contained in Resolution 99-20. Staff has subsequently reviewed this report in
conjunction with the current application and finds the project substantiaJly consistent with (he prior
environmental documentation.
PRIOR APPLICATIONS:
RD 83-11 :
TM 87-04:
TM 92-02:
RD 92-92:
TM 95-06:
l'nder RD 33-11. the applicant received approval tor a hillside subdivision of ' 53 units (150
cust0Ifi home. detlched single-tamily dwellings and 3 single-family estateSj. These units
represent Phase 1-;\ and Phase 1-8 of the Country Estates project.
On March 7, 1988, the City Council approved tentative map request TM 87-04 for Phase
I of Gilroy Country Club Estates (later renamed Country Estates). The approved tentative
map created 123 single-tamily lots on a 100::1: acre section ofa larger 371-acre site. This
tentative map request was essentiaJly the same as the initial proposal submitted under TM
84-03, but with 30 fewer lots. This change was due to the project receiving the remaining
30 units of sewer allocation from the City Council in the immediate future. This future
sewer allocation would represent the completion of the frrst phase under the original RD 83-
II, and would be designated as Phase 1-8.
On November 16,1992, the City Council granted Tentative Map approval for Phase 1-8
under Tentative Map 92-02, for 30 single-family lots. Phase 1-8 was never finalized or
recorded.
Under RD 92-29, the applicant received approval for a hillside subdivision of218 units (177
custom home, detached single-fiunily dwellings, 11 single-family estates and 30
townhouses). These units represent Phase 2, 3-A, and 3-8 of the Country Estates project.
On March 1, 1999, the City Council approved the Tentative Map for 87 custom home single-
family detached lots that represent Phase 2 of the Country Estates project.
AlS 00-01
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Revised 3/3/00
02/15/00
ANALYSIS OF REQUEST:
The applicant, Greystone Homes, is requesting Planned Unit Development (PUD) Architectural and Site
approval to construct 33 semi-production homes within the Residential Hillside (RH) zoning district of
Country Estates Phase II. Previous approval for Phase II was for the construction of87 individually designed
custom homes. At this time, the remaining 54 lots are not proposed for any change from the original
approval. According to the zoning district standards, the development of any other type of homes besides
individually designed custom homes requires Planned Unit Development review and approval by the
Planning Commission and City Council.
Greystone Homes proposes to construct 33 semi-production homes consisting of 3 basic models. which is
consistent for a development of this size in the R 1 (Single Family Residential) zoning district that typically
provides 3-4 basic plans. These plans include 10 different elevation themes and 8 different earth-tone color
schemes to provide a variety of residential facades along the streetscape. These elevations include varying
roof styles, materials and colors; garage door designs; window styles; flagstone types and in general a higher
level of facade detailing than typically required in a subdivision of this size. The table below illu>trates the
elevation theme options tor each basic model plan. Elevations for each option are included as attachments
with this staff report.
, I I
! Plan 1 (5,170 s.f.) Plan 2 (3.420 s.f.) Plan 3 (5.035 s.f.)
I Elevation ! Early California I Sama Barbara i California Hacienda
I I I
Options French Normandv I California .i1onterey Coast Country il
I i
I Tuscan , French Eclectic Santa Fe
I I Piedmont
I ,
The homes include both single-story and two-story designs that range in size from 3,420 square feet (one-
story) to 5.170 square feet (two-story). The two-story residences will be required to meet the development
standards for the Residential Hillside zoning district regarding proximity to the hillside ridges and maximum
height, which would be evaluated for each individual lot at the time of building permit review. The following
chart demonstrates the comparison between the proposed residential development and what has been
previously approved.
Design
Custom Lots
Individual design
Individual co lors
Home ranging from 3,000 to 5,000 sf in
size to-date
Individuallv graded to site lavout
Proposed Semi-Production
3 models wI 10 elevation themes
8 color schemes
Homes ranging from 3,420 to 5,170 sf in
size
Pad sites graded for lot
Gradiol!:
Typically, grading for Residential Hillside development is completed separately for each individual parcel
based on the slope, oak tree location and configuration of the lot. With the lack of trees and moderate slope
on the site for the lots south of the Mantelli Drive extension, the applicant requested to grade the entire area
for the streets and pad sites on each lot because of the economy of scale. The drawback from this method
of grading has generated the movement of additional earth and greater visual impacts than what would
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Revised 313/00
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AJS 00-0 I
normally occur when grading lots individually. While staff had supported the applicant's request. a similar
form of grading would not be supported for the remaining units located on the north side of Mantelli Drive,
which has a much steeper slope and a greater number of trees.
Though support for this project is marginal, staff is recommending approval because of the variety in design
features the applicant is providing that will create a more "custom-like" streetscape for compatibility with
the adjacent neighborhoods.
FINDINGS
.In order to grant Planned Unit Development (PUD) approval, the Planning Commission and City Council
must fmd that the proposed Planned Unit Development will:
A. Conform to the Gilroy General Plan in terms of general location and standards of development;
B. Provide the type of development which will fill a specific need of the surrounding area;
C. Not require urban services beyond those which are currently available;
D. Provide harmonious, integrated plan which justifies exceptions, ifsuch are required, to the normal
requirements of this ordinance;
E. Pefleel an economical and efficient pattern ofland uses;
F. Include greater provisions for landscaping and open space than would generally be required.
G. Utilize aesthetic design principals to create attractive buildings and open space areas that blend
with the character of surrounding areas.
H. Not create traffic congestion, noise, odor or other adverse effects on surrounding areas; and
1. Provide adequate access, parking, landscaping, trash areas and storage as necessary.
PLANNING COMMISSION ACTION
At their meeting of March 2, 2000, the Planning Commission voted unanimously to forward to the City
Council a recommendation of approval for AJS 00-0 I (PUD) with 6 conditions and a modification to
condition 2.
STAFF RECOMMENDATION:
Staff recommends that the City Council approve this PUD modification and design review request as
recommended by the Planning Commission for the following reasons:
A. The proposed site and architectural design are substantially consistent with the tentative map (TM 95-06)
previously approved by the City Council and the nearby existing residential hillside development;
NS 00-01
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Revised 3/3/00
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B. The proposed site design conforms to the land use designation for the property on the General Plan land
use map, and is consistent with the intent of the text of the General Plan document;
C. There will be no significant environmental impacts as a result of this project due to the required mitigation
measures applied to the development; and
D. As submitted, the proposed development is consistent with the necessary Planned Unit Development
Findings A through !, as stated under Zoning Ordinance Section 50.55.
Staffalso recommends the followinl! conditions be placed on the l!rantinl! of this request:
1. All 24 MITIGATION MEASURES contained within the Initial Study completed for TM 95-06 (dated
October, 1998) shall be applied to the approval of the project in order to reduce and/or mitigate all
potential significant impacts to a level of insignificance. as required under the California Environmental
Quality Act (CEQA).
2. Prior to insrallarion of front yard landscaping, complete landscape plans shall be submitted for review
and approval by the Planning Division, consistent with the City's Consolidated Landscape Policy.
Landscaping design shall incorporate the use of natural vegetation. Drought-resistant and fire-resistant
plants shall be used to the greatest extent possible.
3. No two-story residence shall exceed 30 feet in height at anyone point.
4. Retaining walls shall be masonry (modular block similar to Keystone type recommended), subject to the
review and approval of the Planning Division.
5. Colors and materials used for the buildings shall be compatible with the natural landscape consisting of
earth tone colors, subject to the review and approval of the Planning Division.
6. The applicant shall meet the following conditions, subject to the review and approval of the Deputy Fire
Marshal:
a. Fire sprinklers conforming to NFP A l3D are required for this project inclusive of the garage.
b. Separate plans and permit required for sprinkler work.
c. All new landscaping shall be approved fire-resistant plants. Landscaping plans shall be submitted
to the Deputy Fire Marshal for approval prior to permit final.
d. Cantilevered decks shall have the underside protected by "one-hour-rated" construction or fife
sprinkler coverage.
Respectfully,
Willam aus
Planning Division Manager
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EXHIBIT B
. Country Estates Initial Study
Mitil(ation Monitorinl( Program
Phase II Mitigations----'Final Map
Prior to approval of the Final Map for Phase II, the following mitigation measures
shall be implemented:
. M'"rligatio~
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1.
All Phases. The applicant shall contract with a qualified
soils engineer to prepare a soils engineering report
regarding site development, grading. soil erosion, and
slope protection. Recommendations in the report shall
be mcorporated into the final improvement plans.
Recommendations are anticipated to include, but not be
limited to, the following measures required as
conditions of approval of Phase I:
Applicant
City .
Eng.in~7ring
DIVISIon
,
a. All grading operations and soil compaction activities
shail meet the approval of the City Engmeer and shall be
done in acco.rdance with the soils reports which were
prepared for Phase 1. Site preparation and fin
construction shall be conducted under the observation
of, and tested by, a licensed soils or geotechnical
engineer. Material which was placed previously
without be.."lefit of compaction must be removed and
replaced in accordance with the soils report (TM92-D2
condition of approval #2). .
b. The applicant shall clearly show areas with IS
percent slopes and areas with 30 percent slopes. Houses
Ioea ted on slopes over 15 percent shall use special
foundation designs. These foundation designs must be
reviewed and approved by the City Engineer as part of
the final mal" Additional soils engineerin~ worK may
be required m order to support he foundation designs
(TM92-02 condition of approval #3).
c. All retaining walls must be constructed of permanent
materials such as concrete or masonry (modular block is
preferred). Wood shall not be permitted. All retaining
walls shan be constructed such that the soils'
gravitational forces and the hydrologic forces behind the
retaining wall do not cause the wall to move and to
loose its structural integrity. Deep rooted plants shall
not be planted by the developer within 6 feet of
retaining walls (TM92-D2 condition of approval #12).
The report, as well.as the final improvement plans, shall
be prepared and submitted to the city engineering
division for review and approval prior to approval of
the final map.
EMC Planning Group Inc.
MMP-3
Miti:;sation Monitorin:;s pro,1
c9try Estates Initial Stll~Y
'..
7. All Phases. For each lhase, the applicant shall have a Applicant Citv Planning
revegetation plan an monitoring program prepared Division
consIstent with CDFG requirements regardi1 oak
habitat protection. The revegetation plan an
monitoring ~rotam shall be prepared and implemented
bva cerrifie at orist, subject to review and ap~roval by
CDFG and the Gilroy Planning Division. and s all
include the following measures:
a. For each acre of oak habitat lost through development
of the site, an appropriate number of acres of oak
woodland habitat snall be preserved on-site. This
number of acres shall be determined in consultation
with the CDFG.
h
b. For each individual significant oak tree lost, as
defined by the City's Consolidated Landscape Policy
(six inches in diameter or lSTea ter as measured 4.5 feet
from the ground), the project site shall be revegelated at
a three to one replacement ratio. Transplanting the oak
saplings lost. as Identified above, may 6e implemented
as part of the revegetation plan. if deemed feasible by
the certified arborls!. .
The reve8'etation r\lan and momtoring:&rogram shall be
approve br; CD G and the Planning ivision ~rior to
approval 0 the final map for each applicable p ase of
tne proiect
MlvIP-4
EMC Planning Group Inc.
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Country Estates Initial Study
Mitilration Monitoring Prolrram
8. All Phases. The applicant, for each phase of the Applicant City Planning
proposed project, shall contract witn a qualified arborist
to prepare a tree ~rotection plan which shall include, at Division
a mirumum, the allowing components.
a. During the preparation of more detailed grading and
improvement plans, th~roject desi~ team will work
with the City of Gilroy gineering ivision staff and
the ~roject geotechnical consultant to identify and
imp ement engineering and infrastructure related
alternatives in an effort to reduce grading and preserve
existing trees.
b. All construction activity (grading, filling, pavi1:l/p and
landscaping) shall resf-ect a root protection zone ( Z)
around all trees with -inch diameter and ~ater as
measured 4.5 feet above average ~und. e RPZ shall
be a distance of 1.0 times the drip. e radius me.asured
from the trunk of the tree. Exceptions to this standard
could be considered on a case-by-case basis provided
that it is demonstrated that an encroachment into the
RPZ will not affect the root system or the health of the
tree, and it is authorized by an arborist or tree specialist
c. Temporary protective fencing shall be installed
around the dripline of existing trees prior,to
commencement of any earthwork activities conducted
within a sufficient distance from the tree's canopy, as
determined by the arborist. The fenCin~all be clearly
marked to prevent inadvertent encroa ent by
machinery. Fencing shall be staked with steel posts and
shaH be at least four feet high and of a bright color (red
or yellow). .- ,
d. Run-off will not be allowed to pond around the base
of any tree.
e. An arborist or qualified tree specialist shall be
retained to perform any necessary pruning of native
trees during construction activity.
f. Trenches which are required within the root RPZ of
existing native trees shall be bored or tunneled Wlder
the roots using an auger or drill, rather than trenched, to
avoid root disturbance. Trenches will be located as far
from the root protection zone as possible.
g. Should utility iines encroach within the tree
protection zone, a single, shared utility conduit shall be
used where needed to avoid impacts to trees.
h. Roots exposed as a result of construction activities
shall be covered with wet burlap to avoid desiccation
and shall be buried as soon as possible.
i. Protection of existing native tree root zones in areas
where roadways may compromise the health of the
trees.
t Construction materials or heavy equipment shall not
e stored within the root protection zone of existing
trees.
k. Construction materials shall be properly stored away
from existing trees to avoid spillage or damage to trees.
The tree ~rotection plan shall be subject to review and
approva by the city Planning Div4;ion, prior to
approval of the final map.
EMC Planning Group Inc.
MMP-5
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Country Estates Initial Study
Miti{{ation MonitDrin~ Program
22. All Phases. The applicant shall prepare plans for the Applicant Ci~Planning
design of all retaining walls over four feet high with IV!Slon
each 'bhase of the project. Retaining walls for roadways
shall e granite faced and be designed to blend in wi th
its surroundings. Retaining walls on individual lots
shall include a modular, or terracing dest to break up
the appearance of a hi~h retaining wall. s this
terracing desigI! waul require more space than one
single wall. building pads will be located so as to .
accommodate the terraced retaining walls. All retaining
wall desi~ will require landscaping to assist in
blending m with the surrounding natural environment.
Landscaping shall be completed at the time of retaining
wall construction. The retaining wall plans. for each
phase. shall be subject to review and apfroval b~e . .
city pianning division. prior to approva of the I map
for each ohase.
MMP-6
EMC Planning Group Inc.
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Country Estates Initial Study
Mitil(ation Monitorinl( Pro:?"am
Phase II Mitigations-Building Permit
Prior to issuance of a Building Permit for Phase II, the following mitigation
measures shall be implemented:
Mitigation.
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All Phases. Applicants for development within the
proposed project area will be requIred to submit a
Notice of fntent (NOI) to the Central Coast RWQCB
prior to obtaining a grading permit from the city. This
permit will require development and implementation of
a Storm Water Pollution Prevention Plan (SWPPP) that
uses storm water JlBest Management Practicesrl to
control runoff, erosion and sea.imentatton from the site.
The SWPPP has two major objectives: (1) to help identify
the sources of sediments and other pollutants that affect
the quality of storm waler discharges; and (2) to
describe and ensure the implementation of practices to
reduce sediment and other- pollutants in storm water
discharges. The SWPPP must include Best Management
Practices which address source reduction and, if
necessary, shall include practices which require
treatment. lnte&",I to the NO! process is submittal of
engineering deSIgns. The SWPPP will be submitted to
the City Engineering Division for review and approval'
prior to issuing a buildin ermit.
Applicant
City
Engineering
Division
EiHC Planning Group Inc.
MMP-7
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Mitigation Monitoring Program
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Country Estates Initial Study
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5. All Phases. The following control measures shall be Applicant City Building
incorporated into any permits issued for the proposed Division
project:
a. Water all active construction areas at least twice daily
or more often as needed to prevent dust from becoming
airborne and leaving the site.
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. appl6' water three times daily, or apply (non-
toxic) soil sta ilizers 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 carrieo onto adjacent public streets.
f. Hydroseed or apply (non-toxic) soil stabilizers to
inactive construction areas (previously graded areas
inactive for ten days or more).
g. Enclose, cover, water twice dailrc or app~ (non~toxic)
soil binders to exposed stockpiles dirt, san , etc.)
h. Limit traffic speeds on unpaved roads to 15 mph.
i. Install sandba~ or other erosion control measures to
preventsiltruno to public roadways.
j. Re~lant vegetation in disturbed areas as quickly as
possi Ie. . .
20. Phase II. ~~licants for develo~ment of homes on lots Applicants for City Planning
61, 62, 63, ,4, 75, 82, 86, and 7 shall stake and flag indiviaual specified Division
the outline of the proposed structure to determine if lots
construction of the home would result in a silhouette
against the skyline, as viewed from the valley floor. The
staking and flagging shall be subject to review and
approval by the city planning division and architectural
review board prior to approval of architectural and site
review.
24. All Phases. If archaeolo~ica1 resourc:es or human Applicant City Planning
remains are discovered uring construction, work shall Division
be halted within 200 feet of the find until it can be
evaluated by a qualified professional archaeologist. If
the find is determined to be s~ificant, appropriate
miti~tion measures shall be ormulated and
imp emented. This wording shall be incorporated into
any permits issued for construction of the proposed
project.
MMP-8
EMC Planning Group Inc.
.
Country Estates Initial Study
.
MitiKation MonitorinK Pro;rram
Phase II Mitigations-Construction Activities
Prior to Construction Activities for Phase II, the following mitigation measures
shall be implemented:
Mitigation
"JYf~aSureo:
. 'Nuinber.
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10.
9.
All Phases. A pre-construction breeding surveysfor
white-shouldered kite, Cooper's hawk and long-eared
owl shall be contracted for by the applicant and
conducted during the breeding season by a qualified
wildlife biologist The breeding seasons for these
species are as follows: February through July for white-
tailed kite and long-eared owl, April ilirough Jull' for
Cooper's hawk. If active nests are found, tlie applicant
shall establish a temporary 500-foot buffer around active
nest sites within which no removal of vegetation,
construction activities, storage of construction materials
or staging of equipment shan be permitted, until a
qualified wildlife biologist has determined that the
young have fledged. Pre-construction surveys would not
be necessary if graiiingf tree removal and other activities- .
requiring the use ofhea~ machinery is not scheduled between
February I-July ~I. Construction activities occurring
during this time period are expected to avoid
disturbances to these special status birds. ,
Once the pre-construction surveys are complete, the
wildlife bIOlogist shall prepare a written report of the
findings and further recommendations. The report shall
be subject to review and approval by the city Planning
Division prior to commencement of construction
activities.
All Phases. A ?,re-construction breeding survey for
loggerhead shrIke shall be contracted for by the
applicant and conducted during the breeding season by
a qualified wildlife biologist. The breeding season is
from March I-August 1. If active nests are found, the
applicant shall establish a temporary l50-foot buffer .
around active nest sites within which no removal of
vegetation, constnIction activities, stora~ of
construction materials or staging of equIpment shall be
permitted, until a qualified wildlife biologist has
determined that the young have fledged.
Pre-canstnlctian surveys would not be necessary if?fatiing,
tree removal and other activities requiring the use 0 heavy
machinery does not occur be/ween Milrcn I-July 1.
Construction activities occurring during this time period
are expected to avoid disturbances to the shrike.
Once the -pre-construction surveys ar~ complete, the
wildlife bIologist shall prepare a written report of the
findings and further recommendations. The report shall
be subject to review and approval by the city Pfanning
Division prior to commencement of construction
activities.
EMC Planning Group Inc.
Party
.. Responsible" ror<
Implementation.. ..
Party
Responsible
for
:; Monitoring
Applicant
City Planning
DIvISlon
Applicant
City Planning
DIvlSIon
MMP-9
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Miti~ation Monitorin~ Program
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Count"! Estates Initial Study
11. All Phases. A pre-construction survey for pallid bat Applicant Ci?)Planning
roosts shall be contracted for by the afcPlicant and IVISlon
conducted by a qualified wildlIfe bio agist prior to.
construction activities and during the period of March
through October. If roost sites are found, consult with a
bat specialist regarding the appropriate time to remove
roost sites to avoid or mininuze mortalities. If a roost
site is determined to be occupied year.round and
schedulidr: to avoid impacts is not possible, methods to
remove! lS~lace bats prior to the removal of known
roost sites s auld be implemented by a qualified bat
specialist. In addition, an alternate roost site shall be
constructed in the vicinity of the known roost site. The
specifications of the location of the alternate roost and
construction standards of the roost shan be detennin~
by a bat specialist.
Once the Ere-<:onstruction surveys are
complete. the wild ife biolo~st (or bat specialist) shall
prepare a written refhrt of e findings and further
recommendations. e rPtort shall be subject to review
and approval by the city anning DIvision prior to
comrnencementof construction activities.
12. All Phases. Except for fire control maintenance . Applicant Ci?)Planning
practices necessitated by state and local agencies, oak IVlSlon
tree and understory vewetation removal outside of the
immediate periphery 0 buildint, envelopes shall not be
permitted by homeowners. All ture homeowners
shall be notified of this limitation. This mitigation shall
be enforced bv the city Plannin~ Division.
13. All Phases. Recreational vehicles and bicycles shall not Applicant Ci?)Planning
be permitted in open space areas and conservation ' IVlSlon
easements. The applicant shall East all-weather sign:; to
indicate this resmction and sha barricade the pen~hery
of such open space wherever it is needed and to ub old .
the intent of this mitigation. This mitl~tlon shall e
implemented by the applicant, and en arced by the city
Planning Division, immediately upon approval of the
tentative map for the lot or lots that contain open space
and conservation easements.
.
14. All Phases. The aKplicant shall incorporate the use of Applicant City
street lighting wit opaque shields to reduce . En&n~~ring
illumination of the surrounding landscape. No lighting IVlSIQn
shall be directed towards ohien space areas and
conservation easements. T 's measure is intended to
reduce the adverse effects of night lighting on sensitive
nocturnal wildlife. This measure shall be subift to
review and apnroval bv the city Encineerinl2" ivision.
15. All Phases. Install wildlife crossing~ on proift Applicant City
roads. This measure is intended to uce marta .ties to Ene~n~~ring
wildlife resulting from vehicular traffic. Precise IVlSlon
locations shall be determine in consultation with a
qualified wildlife biologist. subject to approval by the
City Engineering Division.
MMP-IO
EMe Planning Group Inc.
.
.
Phases 3A & 3B Mitigations-Tentative Map
Prior to approval of the Tentative Map for Phases 3A & 3B, the following mitigation
measures shall be implemented:
Mitigation;
~~=::;
;:~,?, '~'e':': ' ,~.:,
~CNatu-reof ~tigation
6.
Phases 3A and 3B. The applicant shall submit a tiee
removal exhibit indicating the proposed removal of oak
trees six inches and greater in diameter. The tree
removal exhibit shall be prepared and submitted along
with tentative map applications for Phases 3A and 38,
subOect to review bv the city Plannin Division.
16.
Phases 3A and 3B. Design future phases of the project
in consultation with a wildlife biologist in order to help
maintain the biological integrity of the oak woodlands
habitat on the remaining lots. Future phases shall
minimize oak habitat loss and fragmentation to the
greatest extent possible by: clustering residential sites;
maintaining the continuity of drainages and large areas
of oak woodlands through the estabhshment of open
space areas and/or conservation easements; designing
conidors of undeveloped habitat that will avoid the
creation of isolated habitat islands by linking open space
and other protected areas; and designing habitat '
linkages to accommodate wildlife immigration from off-
site habitats and emi ation to off-site habitats.
17.
Phase 3A. Conduct a focused survey for special status
plants in the northeast corner of lot 124 (Phase 3A)
ouring the March through April bloom period. If
specia1 status plants are observed and avoidance is not
feasi-ble, design the future project to minimize direct"
impacts to sensitive plant populations to the greatest
extent possible and revegetate at a minimum 1:1 ratio
on- or off-site. A qualified revegetation specialist shall
prepare and implement a revegetation plan, which at a
minimum shall address the followin~: site preparation,
eradication/management of non~native annua1s, on-site
seed collection, propagation of on-site plants, success
criteria, annual monitoring, and contingency measures
in the event revegetation efforts do not reach desired
goals. The focused survey shall be conduct prior to
preparation of a tentative mal' for Phase 3A, subject to
reVIew and approval by the Clty Planning Department.
The revegetation plan and monitoring program shall
also be reviewed and afproved by CDFG prior to
tentative map ap rova for Phase 3A.
Party"~ .
Responsib Ie for
Implementation:
~-"" >".:"~- _<-:j:~\'.'?~::'-::7
Applicant
Applicant
Applicant
Party
Responsible
.., c,for
",:.;A"
.:Monitoring
City Planning
DIVISion
City
Eng~n~:ring
DIVISIon
City Planning
Dlv1Slon
.
Mitigation Monitoring Program
.
Country Estates Initial Study
21a. Future Phases. Future tentative map submittals shall Applicant Ci~Planning
include a view profile exhibit of all prol[hsed lots within {VISIOn
100 vertical feet of the crest of a ridge. e view profile
exhibit shall be accompanied br a tree removal exhibit.
The city tanning division shal identify all lots with the
pote!1tla for ridgeline development. Special attention
should be ~ven to prelimina~ lot number 90-99 in
Phase 3A. ots identified by e city cfelanning division
as having thelotential for rid~eline evelopment shall
be subject to. e following mitigation measure:
21b. Applicants for development of homes on lots
identifiea by the clty plannmg division as havinff the
potential to result in ndgeline development sha stake
and flag the outline of the proposed structure to ..
deterrrnne if construction of the home would result in a
silhouette against the s~line, as viewed from the valley
floor. Tne staking and agging shall be subject to
review and approval by tile city planning dIvision prior
to aonraval of architectural and site review.
,23. Future Phases. Home sites in future phases (including Applicant Ci~Planning
the townhomes in Phase 3A) shall not be located on IVISIon
slopes in excess of 30 percent. in addition, roadways to
be constructed on slates in excess of 3~ercent shall be
kept to a minimum. entative mafas s be subject to
review and approval by the city panning division, prior
to aooroval of these tentative mans for fUture ohases.
MiYfP -12
EMC Planning Group Inc.
.
.
Country Estates Initial Study
Miti!ration Monitorinl{ Prol{Tam
Phases 3A & 38 Mitigations-Final Map
Prior to approval of the Final Map for Phases 3A & 38, the following mitigation
measures shall be implemented:
~t;/-'>"L-~-
~
1.
All Phases. The applicant shall contract with a qualified
soils engineer to prepare a soils engineering report
regarding site development, grading, soil erosion, and
slope protection. Recommenda tions in the report shall
be mcorporated into the final improvement plans.
Recommendations are anticipated to include, but not be
limited to. the following measures required as
conditions of approval of Phase I:
Applicant
City
En~n~7ring
DivlSlOn
a. All grading operations and soil coml?action activities
shall meet the approval of the City Engmeer and shall be
done in accordance with the soils reports which were
prepared for Phase I. Site preparation and fill
construction shall be conduded under the observation
of, and tested by, a licensed soils or geotechnical
engineer. Material which was placea previously
without benefit of compaction must be removed and
replaced in accordance with the soils report (TIv192...Q2
condition of approval #2). _. '
b. The applicant shall clearly show areas with 15
percent slopes and areas with 30 percent slopes. Houses
located on slopes over 15 percent shall use special
foundation designs. These foundation designs must be
reviewed and approved by the City Engineer as part of
the final mal? Additional soils engineerin~ worK may
be required In order to support he foundation designs
(TM92'(]2 condition of approval #3).
c. All retaining walls must be. constructed of permanent
materials such as concrete or masonry (modular block is
preferred). Wood shall not be pennitted. All retaining
walls shall be constructed such that the soils'
gravitational forces and the hydrologic forces behind the
retaining wall do not cause the wall to move and to
loose its structural integrity. Deep rooted plants shall
not be planted by the developer within 6 feet of
retaining walls (TM92-02 condition of approval #12).
The report, as well as the final improvement plans, shall
be prepared and submitted to the city engineering
division for review and approval prior to approval of
the final mao.
EMC Planning Group Inc.
MMP - 13
.
Count Estates Initial Stud
2. Phase 3A. The applicant shall contract with a qualified Applicant City
rceolOgist to review the grading and improvement plans Ene~n~~ring
or the site to detennine if corrective grading and/ or IVlSlon
other mitigative measures would be necessary for the
landslide mafJied on Phase 3A (Earth Systems
Consultants 98).
Upon review of the grading and improvement plans, the
geologist shall prepare a written report of the findings
and fUrther recommendations. The report shall be
subiect to review and approval b~the city engineering
diVISion orior to aoproval of the al ma-p.
3. Phase 3B. Prior to approval ofthe tentative map for Applicant Ci~Planning
Phase 38, the applicant shall contract with a qualified' . IVlSlon
~eolOgist for preparation of a geologic re?cort.
ecommendations contained In that geo ogic report
shall be implementation prior to approval of the final
map for Phase 3B.
7. All Phases. For each l,hase, the applicant shall have a Applicant Ci~Planning
reve~etation plan an monitoring program prepared 1VISion
consIStent with CDFG requirements re~rdin! oak
habitat protection. The revegetation p an an .
monitOrin~ro~am shall be prepared and implemented
~ a certifi ar orist. subject to review and apKroval by
FG and the Gilroy Planning Division, and s all
ind ude the following measures:
a. For each acre of oak habitat lost through development
of the site, an appropriate number of acres of oak
woodland habitat shall be preserved on-site. This
number of acres shall be determined in consultation
with the CDFG.
.
b. For each individual significant oak tree lost, as
defined by the City's Consolidated Landscape Policy
(six inches in diameter or greater as measured 4.5 feet
from the ground), the project site shall be revegetated at
a three to one re:placement ratio. Transplanting the oak
saplings lost, as Identified above, may oe implemented
as part of the reve~etation pian, if deemed feasible by
the certified arbonst..
The reve8etation ~lan and monitoring&rogram shall be
approve b('; CD G and the Planning ivision Kariar to
approval 0 the final map for each applicable p se of .
the proie<:t.
MlV1P-14
EMC Planning Group Inc.
.
.
Country Estates Initial Study
Mitigation Monitorinl{ Pro!?Tam
8. All Phases. The applicant, for each phase of the Applicant Ci~Planning
proposed project, snaIl contract witli a qualified arborist
to prepare a tree ~rotection plan which shall include, at IVlSlon
a mirumum, the allowing components.
a. During the preparation of more detailed grading and
improvement plans, the project desi~ team will work
with the City of Gilroy Engineering ivision staff and
the roject geotechnical consultant to identi~ and
imp ement engineering and. infrastructure re ated
alternatives in an effort to reduce grading and preserve
existing trees.
b. All construction activity (grading, filling, paVin~ and
landscaping) shall resf-ect a root protection zone ( Z)
around all trees with -inch diameter and ~ater as
measured 4.5 feet above average fuound. e RPZ shall
be a distance of 1.0 times the drip ine radius measured
from the trunk of the. tree. Exceptions to this standard
could be considered on a case-by-case basis provided
that it is demonstrated that an encroachment into the
RPZ will not affect the root system or the health of the
tree, and it is authorized by an arborist or tree specialist.
c. T empora:?,: protective fencing shall be installed
around the ripline of existing trees prior to
commencement of any earthwork activities conducted
within a sufficient distance from the tree's canopy, as
deterntined by the arborist. The.fenCin~all be clearly
marked t.o prevent inadvertent encroa ent by
machinery. Fencing shall be staked with steel posts and
shall be at least four feet high and of a bright color (red
or yellow).
d. Run-off will not be allowed to pond around the base
of any tree. .
e. An arborist or qualified tree specialist shall be
retained to perform any necessary prutring of native
trees during construction activity.
f. Trenches which are required within the root RPZ of
existing native trees shall be bored or tunneled under
the roots using an auger or drill, rather than trenched, to
avoid root disturbance. Trenches will be located as far
from the root protection zone as possible.
g. Should utility lines encroach within the tree
protection zone, a single, shared utility conduit shall be
used where needed to avoid impacts to trees.
h. Roots exposed as a result of construction activities
shall be covered with wet burlap to avoid desiccation
and shall be buried as soon as possible.
i. Protection of existing native tree root zones in areas
where roadways may c?,mpromise the health of the
trees.
t Construction materials or heavy equipment shall not
e stored within the root protection zone of existing
trees.
k: Construction materials shall be properly stored away
from existing trees to avoid spillage or damage to trees.
The tree fJrotection plan shall be subject to review and
approva by the city Planning Division, prior to
approval of the final map. .
EA1C Planning Group Inc.
MMP - 15
M.. . M" .
l.tz:?atzon omtoT%nf{ Pro{.Vam
!try Estates Initial Study
22 All Phases. The applicant shall prepare plans for the Applicant Ci't; Planning
design of all retaining walls over four feet high with ivision
each bhase of the proJect. Retaining walls for roadw~5
shall e granite faced and be designed to blend in wi
its surroundings. Retaining walls on individual lots
shan include a modular, or terracing deSi~ to break up
the appearance of a hi~h retaining wall. this
terracing design waul require more space than one
single wall, building pads will be located so as to
accommodate the terraced retaining walls. All retaining
wall desi&ns will require landscaping to assist in
blending In with the surrounding natural environment
Landscaping shall be compieted a t the time of retaining
wall construction. The retaining wall plans, for each
phase, shall be subject to review and apyroval b;/;,the. .
city planning division, prior to approva of the aJ map
for each phase. .
NIMP-16
EMC Planning Group Inc.
.
.
Country Estates Initial Study
Mitil?ation Monitorinl? ProiSTam
Phases 3A & 3B Mitigations-Building Permit
Prior to issuance of a Building Permit for Phases 3A and 3B the following
mitigation measures shall be implemented:
:\;:.; ,.,Pa..nr,,,,L:^ ,'".,Farty'"O
<x.'C"; :',: <: .. .J}' " ''''''z~::: '" ~
lhResponsil5lefQr:" ~RespQnsible
::'1.......,' , ", ,0~'C""'~'i-.,'.",,, .~~ "'''''.,,''' --. .,~-
"ImplementatiQn": <hf4;l,ifor:.,;' .
.;:/,.. " .i,21;}:r;':';j:-')f::. ~_,Monitoririg"
4.
All Phases. Applicants fQr develQpment within tne
proposed project area will be reqUIred to submit a
Notice of Intent (NOI) tQ the Central Coast RWQCB
priQr tQ obtaininll" a grading permit from the city. This
pennit will reqwre development and implementation of
a Storm Water Pollution Prevention Plan (SWPPP) that
uses storm water MBest Management Practices" to
control runoff, erosion and sedimentation from the site.
The SWPPP has two major objectives: (1) to help identify
the sources of sediments and other pollutants that affect
the quality of storm water discharges; and (2) to
describe and ensure the implementation of practices to
reduce sediment and other pollutants in storm water
discharges. The SWPPP must include Best Management
Practices which address source reduction and, if
necessary, shall include practices which require
treatment. Inte~l to the NOI process is suemillal of
engineering desIgns. The SWPPP will be submitted to
the City Engineering Division for review and appwvai
rior to issuin a buildin ermit.
Appllcant
City
En~~:ring
DivlSlOn
ElvIe Planning Group Inc.
MMP ~ 17
Miti:;sation Monitorin:;s pro!
c!ry Estates Initial Study
5. All Phases. The following control measures shall be Applicant City Building
incorporated into any permits issued for the proposed Oivision
project .
a. Water all active construction. areas at least twice daily
or more often as needed ~o prevent dust from becoming
airborne and leaving the site.
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, appl/;' water three times daily, or apply (non-
toxic) soil sta iIizers 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 puolic streets.
f. Hydroseed or apply (non-toxic) soil stabilizers to
inactive construction areas (previously graded areas
inactive for ten days or more). .
g. Enclose, cover, water twice dai1& or app~ (non-toxic)
soil1'inders to exposed stockpiles dirt, san , etc.)
h. Limit traffic speeds on unpaved roads to 15 mph.
i. Install sandba~ or other erosion control measures to
prevent silt TUnO f to public roadways.
j. Rel'lant vegetation in disturbed areas as quickly as
oossiole. .
21b. Future Phases. (Refer to 21a) '1.Plicants for Applicant Ci~Planning
development of homes on lots i entified by the city !-VlSIon
planning division as havin~ the potential to result in
ridgeline development sha stake and flag the outline of
the Rroposed structure to determine if construction of
the orne would result in a silhouette against the
skyline, as viewed from the valley floor. The SlakinJ
and flagging shall be subject to review and apl'rov by
the city plannin~ diyision prior to approval 0
architectural an site review.
24. All Phases. If archaeolo~cal resources or human Applicant Ci~Planning
remains are discovered uring construction, work shall IVlSIon
be halted within 200 feet of the find until it can be
evaluated ~ a qualified ~rofeSSional archaeologist. If
the find is etermined to e significant, appropriate
mitireatiOn measures shall be formulated and
imp emented. This wording shall be incorpo~ated into
any permits issued for construction of the proposed
oroiect. .
iYfMP-18
E1YfC Planning Group Inc.
.
Country Estates Initial Study
.
Mitiiration Monitorlnir Program
Phases 3A & 38 Mitigations-Construction Activities
Prior to Construction Activities for Phases 3A and 38, the following mitigation
measures shall be implemented:
Mitigation
'. Measure> .
".Number'
9.
All Phases. A pre-construction breeding surveys for
white-shouldered kite, Cooper's hawk and long-eared
owl shall be contracted for oy the applicant and
conducted during the breeding season by a qualified
wildlife biologist. The breedirig seasons for these
species are as follows: February through Jt for white-
tailed kite and long-eared owl, April throu July for
Coorer's hawk. If active nests are fOWld, e applicant
shal establish a temporary SOD-foot buffer around active
nest sites within which no removal of vegetation,
construction activities, storage of construction materials
or staging of e~uipment shan be permitted, until a
qualified wildlife biologist has determined that the
young have fledged. Pre-construction surveys would nat
be necessary if graiiing, tree removal and other activities
requin'ng the use of heavy machinery is not scheduled between
February I-July:31. Construction activities occurring
during this time period are expected to avoid.
disturbances to these special status birds.
Once the pre-construction surveys are complete, the
wildlife bIologist shall prepare a written report of the
findings and further recommendations. The report shaY.
be SUbjECt to review and approval by the city Planning .
Division prior to commencement of construction
activities.
10.
All Phases. A p,re-construction breeding survey for
loggerhead shrike shall be contracted for by the
applicant and conducted during the breeding season by
a qualified wildlife biologist. The breeding season is
from March l-August 1. If active nests are found, the
applicant shall estaolish a temporary lSO-foot buffer
around active. nest sites within whiCh no removal of
vegetation, construction activities, storage of
construction materials or staging of eqwpment shan be
permitted, until a qualified wildlife biologist has
aetermined that the young have fledged.
Pre-construction surveys would not be necessary if~rading,
tree removal and other activities requiring the use 0 heavy
machinery does not occUr between MaTcJi.1-[uly 1.
Construction activities occurring during this time period
are expected to a void disturbances to the shrike.
Once the pre-construction surveys are complete, the
wildlife bIOlogist shall prepare a written report of the
findins-s and further recommendations. The report shall
be subject to review and approval by the city Planning
Division prior to commencement of construction
activities.
EMC Planning Group Inc.
"'.;5J':;t~5,Party:1~::~S:t~;
Re"sponsible:for-:
Implement3i1~~ ;
,,"., "~G
Applicant
Applicant
::~~~i;e
.M~:nitoring
City Planning
DIVISIon
City .Planning
DiVISIon
MMP - 19
.
MitiiSation MonitoriniS ProiS"am
.
Country Estates Initial Study
11. All Phases. A pre-construction survey for pa!lid bat Applicant Ci ~ Planning
roosts shall be contracted for by' the ac:;plicant and. . LVlSlon
conducted by a qualified wildlIfe bie agist prior to
construction activities and during the period of March
through October. If roost sites are found, consult with a
bat specialist regarding the appropriate time to remove
roost sites to avoid or rnininuze mortalities. If a roost
site is detennined to be occupied year~round and
schedulin~ to avoid impacts is not possible. methods to
remove! 1S~lace bats prior to the removal of known
roost sites s ould be implemented by a qualified bat
specialist. In addition, an alternate roost site shall be
constructed in the vicinity of the known roost site. The
specifications of the location of the alternate roost and
construction standards of the roost shall be detennined
bya bat specialist.
Once the pre-construction surveys are complete, the
wildlife bIOlogist (or bat specialist) shall prepare a
written report of the findings and further '
recommendations. The re~ort shall be subject to review
and approval by the city Panning Division prior to
commencement of construction activities.
12. All Pha.ses. Except for fire control maintenance Applicant Ci~Planning
practices necessitated by state and local agencies, oak tVlSlon
tree and understory vewetation removal outside of the
immediate periphery 0 buildInlj;nvelopes shall not be
permitted by- homeowners. All ture homeowners
shall be notIfied of this limitation. This mitigation shall
be enforced bv the city Plannina Division.
13. All Phases. Recreational vehicles and bicycles shall nO,t Applicant . CI~PI,anning
be permitted in open space areas and conservation IVlSlon
easements. The applicant shall Kost all-weather si~ to
indicate ti!is restnction and sha barricade the pen~hery
of such open space wherever it is needed and to ub old
the intent of this mitigation. This mi~tion shall e
implemented by the applicant, and e oreed by the city
Planning Division, immediately upon approval of the
tentative map for the lot or lots that contain open space
and conservation easements.
14. All Phases. The ti\'plicant shall incorporate the use of Applicant City
street lighting wi opaque shields to reduce En~eering
illumination of the surrounding landscape, No lighting IVLSlon
shall be directed towards ohen space areas and
conservation easements. T is measure is intended to
reduce the adverse effects of night lighting on sensitive
nocturnal wildlife. This measure- shall be subtft to
review and a-nnroval bv the citv' Emnneering- 1 ivision.
15. All Phases. Install wildlife crossing s~ on project App'licant City
roads. This measure is intended to re uce mortalities to En-ein~~ring .
wildlife resulting from vehicular traffic. Precise IVlSlon
locations shall be determine in consultation with a
qualified wildlife biologist, subject to approval by the
citv Engineering Division. .
l'vIlvfP-20
EMC Planning Group Inc.
.
.
. Country Estates Initial Study
Mitii<ation Monitorini< Prowam
18. Phase 38 (Western Portion). A pre-construction survey Applicant Ci~Planning
for burrowing: owls shall be contracted for bt the IVlSlon
a~plicant an conducted by a qualified wild ife biol~st
t irty days prior to the start of development on lot 1
(western portion of Phase 36). If burrowing owls are
present, passively relocate (e.g., plug holes) the owls to
an alternate on-SIte burrow at least 0 meters from an
impact area. If nestinfi. owls are present, the owls shall
be relocated after a w. dlife biologist has determined
that the young have fledged. The alternate burrow shall
be contiguous with a minimum 6.5 acres of foraging
habitat set aside as an on-site conservation easement per
h:ir or Sinale owL If on-site miti~on cannot be met,
bitat SM I be replaced off-site. e habitat shall be
suitable for burrowing owls and approved by CDFG.
Replacement ratios for off-site mitigation are as follows:
(a) 9.75 acres of "occupied habitat" to replace "occupied
habitat"' lost per pair or single bird,
(b) 13 acres of "contiguous habitat" to replace "occupied
habitat" lost per pair or single bird, or
(c) 19.5 acres of "potential habitat" to replace "occupied
habitat". lost per pair or single bird.
One na tural or artificial burrow ~er each active burrow
excavated shall be re~laced on e conservation
easement. Passive re ocation involves installing one-
way doors in burrow entrances. The relocation shall be
monitored for one week to confirm use of alternate
burrows. Original burrows shall be filled to prevent
reuse.
Once the pre-construction surveys are complete, the
wildlife b,olo!es! shall prepare a written report of the
findings and rther recommendations. The re~ort shall
be subject to review and approval by the city P nning
Division prior to commencement of construction
activities.
19. Phase 38 (Western Portion). A pre-construction survey Applicant Ci~ Planning
for horned larks shall be contracted for by the applicant ivision
and conducted by a qualified wildlife biologist auring
the breeding season. The breeding season is from March
1 through A'l:t 1. Establish a temporary ISO-feet
buffer aroun active nest sites within whiCh no removal
of vegetation, construction activities, storage of
construction materials or staginJj of equipment shall be
permitted, until a qualified wil ife biologist has
aetermined that the young have fledged.
Pre-construction surveys would not tie necessary if
gradin~, tree removal and other activities requirin~ the
use of eavy machinery is not scheduled between arch
1 - July 31. Construction activities scheduled during this
time period are expected to avoid significant impacts to
the horned lark.
EMC Planning Group Inc.
MMP - 21
.
.
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2000-16 is an original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 3rd day of April, 2000, 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 27th day of April, 2000.
~
(Seal)