Loading...
Resolution 2000-16 . . 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. \GMB\474768.1 02.()32204706002 -1- Resolution 2000-16 .' . . 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 -2- 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 ~ .. ..;JtdI:J/2k~ Rhonda Pellin, City Clerk \GMB\474768.1 02-032204706002 -3- Resolution 2000-16 '<io. " 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 NS 00-0 I . . 2 Revised 3/3/00 02115/00 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 . 3 . 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 . 4 . Revised 313/00 02115/00 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 . 5 . Revised 3/3/00 02115/00 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 . . 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~ ~,~,~e~~~Tff . ',-Number:-: if/:-tt,~,~'~ '.>.:)H47;) P rty party '.-_'_': ., _'>, 3,'>_':>,,<>.: ,;::,:i,';j,:,'_.,:, ,,':'T:-'f ~ ResponSt'bfefor:c1 'cRe;rPonsi&!e ,FP~eme~,~~~' ,i~~~;i~n!/~ ~ 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. . . 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 . . 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. . . . 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. -,:,.",' '-.::-q ,. Measure!' .. fNumber 4. . ,.,Party . ... . Responsiblefor . Implementation . .. Party . . Responsible, " for'~: Monitoring 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 . Mitigation Monitoring Program . ' Country Estates Initial Study . 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. . ~';-". ' . ~ 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 . Miti~ation Monitorin~ Program . 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)