Resolution 2000-28
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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
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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.
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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.
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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:
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, . . 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)
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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)
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April I I, 2000
Revised: 4/11/00
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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)
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April I I, 2000
Revised: 4/11/00
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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)
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April II, 2000
Revised: 4/11/00
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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. . .- .
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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
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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
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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.
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Mitigation Monitoring Cheddist A
Prior to project approval, the following mitigation measures shall be implemented:
B.'II
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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
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Developer
Gilroy
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Developer
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Mitigation Monitoring ChKkIist B
Prior to issuance of a buil~g permit, the following mitigation measures shall be implemented:
iI~f!!:;;II
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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
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3 (contd.)
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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
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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
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Bonftmte Gardens Bridge Initial Study Mitigation Monitoring Program
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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
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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:
...
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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:
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6
.
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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)