Loading...
Resolution 2000-28 " . . RESOLUTION NO. 2000-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S 99-52 (PUD), AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) TO ALLOW FOR THE CONSTRUCTION OF A 16-FOOT-WIDE, 200-FOOT- LONG PERMANENT BRIDGE OVER UV AS CREEK, APN 810-20-012 WHEREAS, Bonfante Gardens ("Applicant") submitted A/S 99-52, an application for architectural and site approval of a planned unit development ("PUD") to allow for the construction of a 16-foot-wide, 200-foot-long permanent bridge over Uvas Creek, on property zoned HC-PUD and OS (Highway Commercial-Planned Unit Development and Open Space); and WHEREAS, the Planning Commission reviewed the draft Negative Declaration (dated February 9,2000) at its duly noticed public meeting on Apri16, 2000, and recommended that the City Council approve the Negative Declaration with 17 mitigation measures, plus an addition to Mitigation Measure #3 regarding erosion control; and WHEREAS, the Planning Commission further reviewed application A/S 99-52 and recommended that the City Council approve A/S 99-52 with 6 conditions; and WHEREAS, the City Council held a duly noticed public meeting on April 17, 2000, at which time the City Council considered the public testimony, the Staff Report dated March 23, 2000, (Revised April 11, 2000) and all other documentation related to application A/S 99-52; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council at that meeting adopted the Negative Declaration for this project, finding that it was completed in compliance with CEQA, that it reflects the independent judgment of the City, and IGMB\477949.1 02,042504706002 -1- , . . that there is no substantial evidence in the record that the project will have a significant effect on the environment; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this project approval is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council hereby adopts the following findings as required by Zoning Ordinance Section 50.55 based upon substantial evidence in the record: 1. The project is consistent with the site's land use designation on the General Plan map and with the intent of the General Plan text. 2. The project is consistent with PUD findings A through I, as stated in Zoning Ordinance Section 50.55, as set forth in the Staff Report attached hereto as Exhibit A, and facts in the record support said findings. 3. The project will not be detrimental to public welfare or injurious to persons or property in the vicinity. 4. The bridge project is consistent with the text of the Pre-Annexation Development Agreement (adopted March 3,1997). B. A/S 99-52 should be and hereby is approved subject to: 1. The six (6) conditions set forth in the revised Staff Report dated March 23, 2000, (Revised April 11, 2000), attached hereto as Exhibit A and incorporated herein by this reference. IGMB\477949.1 02-042504706002 -2- , . . 2. The seventeen (17) mitigation measures set forth in the Negative Declaration and the MitigationIMonitoring Program, adopted hereby, attached hereto as Exhibit B and incorporated herein by this reference. ----n:~l/ Thomas W. Springer, Mayor PASSED AND ADOPTED this l"day of May, 2000, by the following vote: AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, VELASCO,SPRINGER NONE NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: SUDOL APPROVED: IGMB\477949.1 02-042504706002 -3- , . . EXHIBIT A Communi~evelopment ~artment Planning Division Staff Report March 23, 2000 Revised: April 11, 2000 FILE NUMBER: APPLICANT: LOCATION: STAFF PLANNER: A/S 99-52, PUD (planned Unit Development) Bonfante Gardens (% Greg Filice) 3050 Hecker Pass Highway (Highway I52), west of Santa Teresa Boulevard. Bryan Stice REOUESTED ACTION: Planned Unit Development Architectural and Site Review approval of plans to construct a 16-foot-wide, 200-foot-long permanent bridge over Uvas Creek, on property zoned HC-PUD and OS (Highway Commercial-Planned Unit Development and Open Space). DESCRIPTION OF PROPERTY: Parcel Numbers: 810-20-012 Total Area: 59:10 acres STATUS OF PROPERTY: Existing Land Use Uvas Creek Recreational Park/Gathering Facility Tree Nursery General Plan DesillIlation Open Space . Open Space/Visitor Serving Comm. Visitor Serving Commercial ZOnillll: Open Space HC-PUD HC-PUD STATUS OF SURROUNDING PROPERTY: Existillll: Land Use N: Rural Residential Dwellings Tree Nursery S: Eagle Ridge Development E: Eagle Ridge Development W: Recreational Park/Gathering Facility General Plan Desi01111tion Rural Residential Visitor Serving Commercial Residential Low Density ResidentiafLciw Density Open Space/Visitor Serving Comm. Zoning A1 HC-PUD RI RI,RH HC-PUD AlS 99-52 (PUn) . . April I I, 2000 Revised: 4/11/00 2 CONFORMANCE OF REOUEST WITH GENERAL PLAN: The proposed request confonns to the land use designation for the property on the General Plan map, and is consistent with the intent of the text of the General Plan Document This project also conforms with the policies of Gilroy's General Plan. The following examples demonstrate this compliance: Natural Environment (Section ID): Policy 3: The ecologic. aesthetic and recreational values of the creeks which flow through the Gilroy Planning Area will be protected from urban encroachment and degradatiOn. N~ development will preserve the function of natural drainages, including small canyons and seasonal creeks. The easements and setbacks adjacent to these creeks will be maintained in open space. The proposed proj ect is generally consistent with this policy, because Uvas Creek will not be adversely affected as a result of this project. In addition, the proposed project will preserve the function of the natural Uvas Creek drainage. Natural Environment (Section ID): . Policy 15: New development proposed on areas of unconsolidated fin locations offormer streambeds, and areas subject to seasonal high groundwater tables shall be properly engineered to mitigate seismic risks identified through site investigation. The proposed bridge project will undergo an extensive amount of engineering and design in order to mitigate potential seismic risks. Therefore, the proposed project is consistent with this General Plan policy. ENVIRONMENTAL IMPACTS: ENVIRONMENTAL IMP ACT REPORT An Expanded Initial Study was prepared for the proposed project by the City's independent environmental consultant (EMC Planning Group) in January 2000. The study was completed in compliance with CEQA and reflects the independent judgement of the City. The study identified potentially significant effects on the environment, however, the applicant has agreed to individual mitigation measures, which will avoid or mitigate the effects to a point where no significant impacts will occur. The Initial Study was circulated for a 3 D-day period ending 3- I 7-00, with the City receiving one (I) comment letter. This comment letter is addressed by the City's environmental consultant in their letter dated March 24, 2000 (attached). Thcreiuo-substantial evidence that the proposed project may have a significant effect on the environment. :Therefore, a Negative Declaration with 17 mitigation measures and Mitigation Monitoring Program ("Attachment A") have been prepared. AlS 99-52 (PUD) . . April I I, 2000 Revised: 4/11/00 3 ANALYSIS OF REOUEST: The applicant, (Bonfante Gardens) is requesting Planned Unit Development Architectural and Site Review approval of plans to construct a I6-foot-wide, 200-foot-long permanent bridge over Uvas Creek, on property zoned He-PUD and OS (Highway Commercial-Planned Unit Development and Open Space). The subject property is located on the west side of the City, south of the Hecker Pass (Hwy 152)lBurchell Road intersection. Rural residential dwellings and a tree nursery are located north of the site. The Eagle Ridge development is located east and south of the site. Existing recreational and gathering facilities within the Bonfante Gardens Theme Park are located west of the site. The entire project site was annexed into the City of Gilroy in April ofI999. If approved, the proposed bridge will span approximately 200 feet across Uvas Creek. The new bridge will link Bonfante Gardens nurseries with the greater Bonfante Gardens park area, and thus eliminate the need for park employees to continuously haul plant materials to the park via Highway 152. The new bridge will also provide emergency secondary access for Fire and Police Department personnel. In addition to the bridge's immediate safety benefits, the bridge can eventually serve as a point of secondary, non-motorized access to the park for visitors and employees utilizing the Uvas Creek Trail. Finally, the bridge will also link the future hoteVconference center (proposed to be developed during subsequent phases of the overall park development) to the theme park, thereby minimizing potential future traffic impacts to Highway 152. The proposed bridge measures 16 feet wide and approximately 200 feet long (188 actual bridge length + two six-foot approaches). The following structural materials will be used for the proposed bridge construction: .:. Steel-reinforced concrete bridge structure. .:. A four-foot-wide concrete support column located in the center of the bridge's span. .:. Four-foot-high metal tube side rails. As proposed, the bottom of the bridge will constructed approximately 19.75 feet above the bottom of the creek bed. The bridge will provide approximately four (4) feet of clearance from the maximum high water elevation. The applicant has submitted the bridge plans to various agencies including the Santa Clara Valley Water District and the Department ofFish and Game for their preliminary review. These agencies issued their comments and requirements, which the applicant is in the process of satisf'ying, and which are also incorporated into Initial Study mitigation measures. Since the proposed project involves construction within an ecologically sensitive riparian habitat, numerous environmental constraints apply. These include: - Prolubition of construction within the streambed from October IS through .June IS. i Surveillance of special-status species within 250 feet of the construction zone by a qualified biologist. . "t. Preparation of a Habitat Mitigation Monitoring Plan prior to issuance of building permits. ~ Preparation of an er?sion control plan. AlS 99-52 (PUD) . . April I I, 2000 Revised: 4/11/00 4 Staffhas reviewed this project with the City's Development Review Group and finds that the proposed bridge development is consist~nt with the City's General Plan and Zoning Ordinance text. In addition, this request is consistent with the previously-adopted Pre-Annexation Development Agreement. Should the City of Gilroy approve the applicant's bridge project, the applicant must also obtain additional project approvals from other agencies including the Army Corps of Engineers, Santa Clara Valley Water District, Department ofFish and Game, and the Central Coast Regional Water Quality Control Board. PLANNING COMMISSION ACTION: At their meeting of April 6, 2000, the Planning Commission voted 6-0-1 (John Ceballos absent) to recommend City Council approval of this request. Specifically, the Planning Commission recommended the two following actions: I. That the City Council adopt the draft Negative Declaration (dated: 2-09-00) with 17 mitigation measures, plus an addition to mitigation measure #3 (as contained within the consultant's response letter, dated 3/24/00); and 2. That the City Council approve A/S 99-52 with 5 conditions, plus an additional condition #6 (as contained within consultant's response letter, dated 3/24/00) indicated below. REOUlRED FINDINGS: In order to grant Planned Unit Development (PUD) approval, the Planning Commission and City Council must find that the proposed PUD will: A. Conform to the Gilroy General Plan in tenns 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 a harmonious, integrated plan which justifies exceptions, if such are required, to the normal requirements of this Ordinance; E. Reflect an economical and efficient pattern ofland uses; F. Include greater provisions for landscaping and open space than would generally be required; G. UtiIizeaesthetic design principles to create attractive building and open areas which blend with the character of surrounding areas; H. Not create traffic congestion, noise, odor, or other adverse effects on surrounding areas; and I. Provide adequate access, parking, landscaping,-trash and-storage, as necessary, AlS 99-52 (PUD) . . April II, 2000 Revised: 4/11/00 5 STAFF RECOMMENDATION: Staff recommends that the City Council aoorove this request as recommended by the Planning Commission for the following reasons: A. The proposed project consistent with the site's land use designation on the General Plan map and with the intent of the General Plan text; B. The proposed project meets all of the required findings as required for approval; C. The proposal will not be detrimental to public welfare or injurious to persons or property in the vicinity; and D. The proposed bridge project is consistent with the text of the Pre-Annexation Development Agreement (adopted March 3, 1997); E. There will be no significant impacts as a result of this project due to the required mitigation measures to be applied. In addition, stafT recommends that the following conditions apply should this project be approved: 1. MITIGATION MEASURES #1 THROUGH #17. contained within the Negative Declaration, dated 2-09-00 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. The applicant shall sUbmit a bridge lighting plan, which utilizes low-level lighting and which minimizes the night-time lighting impacts to sensitive wildlife species, This lighting plan is subject to review and approval by the Planning Division. 3. Allfill and permanent structures shall be located outside of the City's sanitary sewer easement areas, subject to review and approval by the Engineering Division, 4. The proposed 16-foot-wide bridge shall be designed such that it will support the weight of fire apparatus and personnel. The access road leading to and coming from the bridge shall have a minimum unobstructed width oj20 feet, shall have no overhead obstructions lower that 13 feet, six inches, and shall be provided with an approved all weather surface. 5. Any access roads terminating in a dead-end shall include an approved turn-around, subject to review and approval by the Deputy Fire Marshal. 6. Prior to the issuance of a building permit, the applicanJ shall obtain all necessary responsible agency permits including but not limited to, California DepartmenJ of Fish & Game, Streambed Alteration AgreemenJ; u.s. A17I9' Corps of Engineers, Section 404 perndt,. Santa Qara Valley Water District, Permit Per District Ordinance 83-2; Regional Water Quality Control BOOrd, NPDES General Construction Permit. . .- . ~ attachments am aus Planning Division Manager ,.,., I I ,.,.,""nIVICI.... I A. B Communi~ Development ~epart;~nt Planning Division Negative Declaration City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 (408) 848-0440 City File Number: AlS 99-52 February 9,2000 Proiect Description Name of Project: Nature of Project: Bonfante Gardens Bridge Project Request to construct a I6-foot wide, 200-foot long permanent bridge over Uvas Creek in Gilroy, CA Proiect Location Location: Assessor's Parcel #: South side of Highway 152, west of Santa Teresa Boulevard. 810-20-012 Entity or Person(s) Undertakin~ Project Name: Address: Bonfante Gardens ("Ie Greg Filice) 3050 Hecker Pass Highway, Gilroy, CA 95020 Initial Study An expanded Initial Study of this project was undertaken and prepared for the purpose of ascertaining whether this project might have a significant effect on the environment. A copy of this study is on file at the City of Gilroy Planning Division, 7351 Rosanna Street, Gilroy, CA 95020. Findings & Reasons The Initial Study identified potentiaIly significant effects on the environment. However, this project has been mitigated (see Mitigation Measures below which avoid or mitigate the effects) to a point where no significant effects will occur. There is no substantial evidence the project may have a significant effect on the environment. The following reasons will support these findings: 1. The proposal is a logical component ofthll_existing and proposed land use of this area. 2. Potentially adverse environmental impacts are proposed to be mitigated, 3. The proposed project is consistent with the adopted goals and policies of the Gilroy General Plan. 4, The Initial Study was independently reviewed by City ~ and this Negative Declaration reflects the independent judgement of the City of Gilroy, Bonftmte GllTdens Bridge Initial Study Mitigation Monitoring Program 1 . . Bonfante Gardens Bridge Initial Study (A/S 99-52) Mitigation Monitoring Program Introduction On January 1, 1989, the California State Legislature passed into law Assembly Bill 3180. This bill requires public agencies to adopt reporting or monitoring programs when they approve projects subject to an environmental impact report or a negative declaration that includes mitigation measures to avoid significant adverse environmental effects. The reporting or monitoring program is to be designed to ensure compliance with conditions of project approval during project implementation in order to avoid significant adverse environmental effects. The law was passed in response to historic non-implementation of mitigation measures presented in environmental documents and subsequently adopted as conditions of project approval In addition, monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures, A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measure's compliance. This monitoring program is designed to provide a mechanism to ensure that mitigation measures and subsequent conditions of project approval are' implemented, Monitoring Program The basis for this monitoring program is the mitigation measures included in this initial study. These mitigation measures are designed to eliminate or reduce significant adverse environmental effects to less-than-significant levels. These mitigation measures become conditions of project approval, which the project proponent is required to complete during and after implementation of the proposed project. The attached checklist is proposed for monitoring the implementation of the mitigation measures. This monitoring checklist contains all appropriate mitigation measures in this iniliaI study. Monitoring Program Procedures It is required that the City of Gilroy use the attached monitoring checklist for the proposed project. The monitoring program should be implemented as follows: 1, The Gilroy Planning Director should be responsible for coordination of the monitoring program, including the monitoring checklist. The Planning Director should be resp011SlbIe for completing the monitoring checkIist and distributing the checklist to the responsible individuals or agencies for their use in monitoring the mitigation measures, 2. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring checklist have been complied with. Once all mitigation measures have been cmnpliechvith, the responsible individual or agency should submit a copy of the monitoring checklist to the Planning Director to be placed in the project file. If the mitigation measure has not been complied with. the monitoring checklist should not be returned to the Planning Director. Bonfante Gardens Bridge Initial Study Mitigation Monitoring Program 2 . . 3. Prior to issuance of an occupancy pennit. the Planning Director should review the checklist to ensure that all mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with, An occupancy permit should not be issued until all mitigation measures and additional conditions of project approval included in the morutoring checklist have been complied with. 4. If a responsible individual or agency determines that a non-<:ompliance has occurred. a written notice should be delivered by certified mail to the project proponent within 10 days, with a copy to the Planning Director, describing the non-<:ompliance and requiring compliance within a spedfied period of time. If a non-<:ompliance still exists at the expiration of the specified period of time, construction may be halted and fines may be imposed at the discretion of the City of Gilroy. . . Mitigation Monitoring Cheddist A Prior to project approval, the following mitigation measures shall be implemented: B.'II iNijli>ll~t;; 1 11 17 Prior to project approval, the project applicant shall have a hydrology report prepared by a qualified hydrologist or engineer to address hydrology-related design requirements for the bridge, subject to the review and approval of the City of Gilroy Engineering Division. This report shall review the bridge design. specifically the placement of the center pier, to evaluate effects of the center pier on scouring, flow deflections, erosion, and deposition. All design or other recommendations of this report shall be incorporated into project plans to ensure that the bridge will have no effects on scouring, flow deflections, erosion, and deposition. Such bridge plans shall be approved prior to issuance of a building permit. Prior to approval of the project, the site plan shall be redesigned so that the roadway is not within 100 feet of the creek (with the exception of where the roadway connects with the bridge on both sides). If it is not feasible to keep the roadway outside of the 100-foot buffer, final placement of the roadway shall be determined through negotiations with the California Department of Fish and Game, the City of Gilroy, and the project proponent. Final design shall be approved by the California Department of Fish and Game and the City of Gilro. Project proponent is responsible for a bridge design that will minimize impedance of flood waters and minimize the redirection of flood waters. Plans of the bridge shall be reviewed by the Gilroy Engineering Division and Santa Oara Valley Water District prior to project a val, Bonftmte GllTdens Bridge Initial Study Mitigation Monitoring Progrll1ll .- Developer Gilroy Engineering Division Developer Gilroy Engineering Division Developer Gilroy Engineering Division 3 . . Mitigation Monitoring ChKkIist B Prior to issuance of a buil~g permit, the following mitigation measures shall be implemented: iI~f!!:;;II 2 3 Prior to issuance of a building permit, the project applicant shall obtain a California Fish and Game Code Section 1603 Streambed Alteration Agreement from the California Department of Fish and Game. Compliance with this mitigation measure may include, but not be limited to, the following: . Bridge construction work shall be initiated and completed during the summer and fall months when this portion of the creek is dry, or at least has a very low flow, Typically, no construction work shall be allowed in the creek between October 15 and June 15, . From June 15 to October 15, when construction is allowed, if any water is flowing in the creek. the flow shall be diverted into an open. gravel-lined bypass channel for the duration of the brid e construction work. The project proponent shall hire a dvil engineer or erosion control specialist, to review the proposed project's plans and prepare an erosion control plan to ensure that grading activities, as well as long term operations of the bridge and road would not result in erosion and siltation impacts on-site or off-site. The erosion control plan shall incorporate best management practices and consider, but not be limited to, the following components: Construction staging activities for the proposed bridge and road should be limited to a level area within the existing n~. The staging area shall be located a minimum of 100 feet from the top bank of Uvas Creek. Grading limits should be identified, and a silt fence or other a . te medium e. ., Bunfante Gardens Bridge lnilial Study Mitigatiun Munitoring Program Developer Gilroy Planning Division Developer Gilroy Planning Division 4 . . ---- 3 (contd.) 8 sandbags, straw bales, etc.) should be erected, on the down slope boundaries of the creek. If a silt fence is not feasible, other measures for controlling erosion shall be implemented. Re-vegetate the creek bank as soon as feasibly possible after construction of the bridge. If possible, re-vegetate the creek bank prior to and/ or during construction activities, Re-vegetate disturbed portions within the limits of grading adjacent to the bridge and road as soon as feasibly possible after construction with native pIant spedes. The erosion control nlan shall be sub/eel to review and annroval ~ the City EngineerinJ Division and the Santa Oara Valley Water District. prior to issuance of a buiIdinJ nennit. Prior to issuance of a building permit, a qualified biologist shall prepare a Habitat Mitigation Monitoring Pian for approval by the City of Gilroy and the California Department of Fish and Game. Any loss of willow riparian vegetation resulting from bridge construction activities shall be mitigated on-site within the riparian colTidor at a minimum 3:1 replacement ratio. In addition, use of the existing dirt road that runs down the Uvas Creek banks and through the creek channel shall cease, and all currently disturbed areas in the creek channel and riparian colTidor assodated with the existing road shall be restored, The Habitat Mitigation Plan shall identify the exact amount and location of impacted and replacement habitat, as well as the location of restored habitat resulting from restoration of the existing dirt road. The Habitat Mitigation Plan shall also specify the use of locally-obtained native riparian species. The Habitat Mitigation Plan shalI also provide success criteria and monitoring requirements to ensure successful long-term habitat.. replacement. Bonfrmte Gardens Bridge Initial Study Mitigation Monitoring Program Developer Gilroy Engineering Division 5 . . 9 Prior to issuance of a building permit, the Developer Gilroy project awlicant shall prepare a spill Planning abatement plan to allow a prompt and effective Division response to any acddentaI spills, and all workers shall be informed of the importance of preventing spills and of the appropriate measures to take should a spill occur, subject to approval by the City of Gilroy Planning Division, This plan shall specify that all staging areas and all fueling and maintenance of vehicles and other equipment shall occur at least 100 feet from the riparian habitat and Uvas Creek. . 10 Prior to issuance of a building permit, the Developer Gilroy project applicant shall establish guidelines for Planning the prevention of contamination of U vas Creek Division by pestiddes, herbicides, fungiddes, and fertilizers used in conjunction with the nursery operations, subject to the review and approval of the City of Gilroy Planninl! Division. 12 Prior to issuance of a bU11ding permit, the Developer Gilroy project applicant shall contact the U.S. Army Planning Corps of Engineers to determine if the U.S. Division Army Corps of Engineers has jurisdiction over bridge construction activities and if a permit is required for bridge construction under Section 404 of the Qean Water Act. If a Section 404 permit is required for the proposed project, the project applicant shall obtain the permit and comply with all requirements of the permit prior to commencement of construction activities. 13 A field survey shall be conducted by a certified Developer Gilroy arborist to determine the number and location Planning of each significant tree to be removed, the type Division and approximate size of each significant tree, and the reason for removal. These findings shall be included in a written report that contains specifications for replacing significant trees to be removed, The written report shall be prepared prior to issuance of a building permit and subject to approval by the City of Gilrov Planninjt Division. 14 Prior to issuance of a building pern1it, the- Developer Gilroy protected zone (one to 1.5 times the distance Planning from the trunk to the dripline, depending on Division the tree species) of any trees or groups of trees to be retained shall be fenced to prevent injury Bonfante Gardens Bridge InititlJ Study Mitigation Monitoring Program 6 Bonftmte Gardens Bridge Initial Study Mitigation Monitoring Program 7 . . to the trees d1lring construction. Soil compaction. parking of vehicles or heavy equipment, stockpiling of construction materials, and/ or dumping of materials shall not be allowed within the protected zone. The 14 (Cont) fendng shall remain in place until all construction activities are complete. The trees or groups of trees to be fenced shall be indicated in a written report prepared subject to approval by the aty of Gilroy Planning Division. 15 The following shall be included in all building Developer Gilroy specifications: Due to the possibility that Planning significant buried cultural resources might be Division found during construction, the follOwing language shall be included in any permits issued for the project site, including. but not limited to building permits for future development, subject to the review and approval of the Gilroy Planning Division: If archaeological resources or human remains are discovered during construction, work shall be haIted at a minimum of 200 feet from the find and the area shall be staked off. The project archaeologist shall be notified immediately. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. 16 The following shall be included in all building Developer Gilroy specifications: In the event of an acctdental Planning discovery or recognition of any human remains Division in any location other than a dedicated cemetery, the following language shall be included in all permits in accordance with CEQA Guidelines section IS064.5(e): If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Oara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American lie~tage Commission within 24 hours. The- Native - American Heritage Commission shall identify the person or persons it believes to be the most likely descendent from the deceased Native American. The most likelv descendent may . . then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and assodated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebuIy the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being 16 (Cont) notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. Mitigation Monitoring Checklist C Prior to commencement of construction activities, the following mitigation measures shall be implemented: ... IN_1M)!! ::!Ij~fIIf1Ii~~~;~~jIi~Milli "". 4 Prior to commencement of construction activities, the project applicant shall arrange for a qualified biologist to inform workers of the potential presence of the all special-status species, their protected status, work boundaries, and measures to be implemented to avoid loss of these species during construction activities. ~- - Developer Gilroy Planning Division Bonfante Gardens Bridge Initial Study Mitigation Monitoring Program 8 . . 5 No earlier than 45 days and no later than 20 Developer Gilroy days prior ,to commencement of clearing, Planning grading or construction in or adjacent to any Division riparian habitat, a field survey shall be conducted by a qualified biologist to determine if active raptor nests are present in the construction zone or within 250 feet of the construction zone. These surveys shall be reauired only if any construction would OCcur during the nestinl.' andl or breedinl1: season of raptors potentially nesting in the areas proposed for development (ll'enerallv March 1 throu ~h A u[Ust 1l. U active nests are found within the survey area, at the discretion of the biologist, clearing and construction within 250 feet shall be postponed or halted until the nests are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting. Survey findings shall be included in a report prepared by the qualified biologist and submitted to the City Planning Division prior to issuance of a building permit. Mitigation Monitoring Checklist D During construction activities, the following mitigation measures shall be implemented: Mili'il1ti~H M~_j; }jlN'='!!\ifi1 ;';':"':"';~';';':" .....-.;.;.;.,.:."'.... ;:;:;:,,';::':';;::,,: ..,.,.:....-,...-,.,.,.:.; 6 . .. ... "" .. .,., The project proponent shall arrange for a qualified biologist to monitor the project site during grading and construction activities within 100 feet of Uvas Creek. Prior to issuance of a building permit, a monitoring schedule shall be submitted to the City Planning Division for review and approval. U foothill yellow-legged frog, western spadefoot toad, California tiger sa1amander, and/or western pond turtle turtles are observed at the site, a qualified biologist shaII salvage .and relocate the individuaI(s) to an appropriate area outside of the construction zone. U California red-legged frog, a federally threatened species, is observed at the site, construction activities shaII be haIted and the Developer Gilroy Planning Division Brmfimte Gardens Bridge Initial Study Mitigation Monitaring Progrll1ll 9 . . Ml<<~. ~~;; ;:'::::';.;.,-,.:-;.>:,:.:.:.:.,...,', USFWS shall be contacted for further assistance. Periodic monitoring reports shall be prepared according to the monitoring schedule and submitted to the Oty Planning Division for review. .- 6 (Com) 7 All food-related trash items shall be enclosed in sealed containers and regularly removed from the project area to deter attraction of potential predators of the California red-legged frog. foothill yellow-legged frog. western spadefoot toad, California tiger salamander, and western pond turtle, and pets shall not be allowed on the construction site. Developer Gilroy Engineering Division Bonfante Gardens Bridge Initial Study Mitigation Monitoring Program 10 " . . I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2000-28 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 1st day of May, 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 4th day of May, 2000. g (Seal)