Resolution 2001-05
RESOLUTION NO. 2001-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING
RD 92-29, A RESIDENTIAL DEVELOPMENT ALLOCATION OF 218 UNITS, TO
RELOCATE TO PHASE 4 AND REDUCE TO TWENTY-FIVE CERTAIN
TOWNHOUSE UNITS ON PROPERTY LOCATED NORTH OF MANTELL! DRIVE,
AT THE NORTHEAST CORNER OF THE COUNTRY ESTATES SUBDIVISION,
APN 783-47-04.
WHEREAS, Gill Properties ("Applicant") submitted an application to amend RD 92-29,
to relocate to Phase 4 of the project and to reduce from thirty (30) to twenty-five (25) the number
of the clustered townhouse units, and to provide for a gated-community for 55 of the residential
units; and
WHEREAS, the property affected by RD 92-29 is located north of Mantelli Drive, at the
northeast comer ofthe Country Estates subdivision as shown on Exhibit A attached hereto; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Negative
Declaration, along with mitigation measures and a Mitigation Monitoring Program, was adopted
by the City Council on March 1,2000; and
WHEREAS, pursuant to CEQA, a subsequent Initial Study was completed and a
Mitigated Negative Declaration with twenty (20) mitigation measures was prepared for this
project; and
WHEREAS, the Planning Commission held a duly noticed public meeting on
November 9, 2000, at which it considered this project and voted to recommend adoption of the
Mitigated Negative Declaration and approval of the proposed amendments to RD 92-29 to the
City Council; and
INVH1500235.2
02.112604706002
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Resolution No. 2001-05
WHEREAS, the City Council held a duly noticed public hearing on November 20, 2000
and duly noticed public meetings on December 5, 2000 and February 5,2001, at which time the
City Council considered the public testirnony, the Planning Division Staff Report dated October
3 I, 2000, and all other documentation related to application RD 92-29; and
WHEREAS, the City Council determined to modify the application for amendment of
RD 92-29 to remove the gated-community component; 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 ofthe
City Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council hereby adopts the Mitigated Negative Declaration for the
project, finding that: (a) it is in cornpliance with CEQA, (b) it reflects the independent judgment
of the City, and (c) there is no substantial evidence that this project as modified will have a
significant effect on the environment.
B. The City Council finds as follows:
I. The proposed amendment is substantially consistent with the original
RD92-29 project and meets the intent of Section 50.66 (i) of the City's Residential
Developrnent Ordinance; and
2. The proposed amendment results in a substantial improvement over the
original RD92-29 project for which a build-out schedule was previously assigned.
C. The amendment to RD92-29 should be and hereby is approved, subject to:
I. The modification ofthe project to delete the gated comrnunity aspects.
INVH\500235.2
02-112604706002
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Resolution No. 2001-05
2. The twenty (20) rnitigation measures set forth in the Negative Declaration
and the MitigationIMonitoring Program, which Negative Declaration and
Monitoring Program are attached hereto as Exhibit B, and incorporated herein by
this reference.
PASSED AND ADOPTED this 5th day of February, 2001 by the following vote:
AYES:
COUNCILMEMBERS:
G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, SUDOL,
VELASCO, SPRINGER
NONE
NONE
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
APPROVED:
-----;?X; ~ It /- C ~
Thomas W. Springer, Mayor
~/J
U!tJ;~~.
Rho da Pellin, City Clerk
\NVH\500235.2
02-112804706002
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Resolution No. 2001-05
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EXHIBIT A'
T EXllTBIT
AMEN~ATES. GILROY
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Community Development Departm'ent
Planning Division
Negative Declaration
City of Gilroy
735 I Rosanna St.
Gilroy. CA 95020
(408) 848-0440
October 2. 2000
City File Number. TM 99-13
Proiect Dticriotion
Name of Project:
Nature of Project:
Country Estates phase In
Request to subdivide approximately 60 acres 0 f land into 67 single- fiunily
hillside residences ill Gilroy. CA.
proiect Location
Location:
Assessors Parcel #:
North ofMantelli Drive and west of the terminus of Crest Hill Way.
783-47-03.04 &. 783-04-18
EntiN Dr Pe~on(s) UndertakiD!!: Proieet
Name:
Address:
Gill Properties (=to Marilyn Glovt!r)
5403 ScorlS Valley Drive, Suite D, Gilroy, CA 95020
Initial Studv
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 Stully is on file
ar the City of Gilroy Planning Division. 7351 Rosanna Street, Gilroy. CA 95020.
Flodin!!:s & Reasons
The Initial Study identified potentiaJ)y significant etlCc:tS on the environment. However, this project has
been mitigated (see Mitiption MClISUlCS below which avoid or mitigate the e1fccts) to a point w~ lID
signiflcant effi:ctS will occur. There: i:s no substantial evidence the project may have :l sigIliv.lJI1t effect
on the environment. The following reasons will support these findings:
1. The proposal is II logical component of the existing and proposed land use of this area.
2, Potentially adverse environmental impacts will be mitipted.
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 staff. and this Negative Dec1aration reflects
the independentjudlll:ment ofthe City of Gi\roy.
IZ'I.. h.,..' b: +- 13
OilIft Negative Declaration
TM 99-13
10/2/00
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Mitiaation Measures
Aesthetics
1. Applicants for development of homes on lots 40. 41, 42. 44,45,47,48,49, SO, 51 and 52
shall stake and flag the outline of the proposed structure to detennine if 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 of
GUroy Planning Division and architectural review board prior to appro"al of
architectural and site review, in accordance with the provision of the City of GUroy
Zoning Ordinance, Section 9.32 regarding building visibility and height requirements.
2. The applicant shall prepare plans for the design of all retaining walls over four feet
high with each phase of the project. 'Retainingwalls for roadways shall be constructed
of keystone and be designed to blend in with its surroundings. Retaining waDs on
individual lots shall include a modular, or terracing design to break. up the appearance
of a high retaining wall. . As this terracing design would require more space, thlIn one
single wall building pads will be located so as to accommodate the ten-aced retaining '.
walls. All retaining wall designs will require landscaping to assist in blending in With
the surrounding natural environment. Landscaping shall be completed at the time of
retaining wall constrUction. The retairlin! .wall plans, for each phase. shall be subject to
review and approval by the City of Gilroy PlantIing Division. prior to approval of the
final map for each phase. .
Air Quality
3. The following control measures shall be incorporated irlto any permits issued for the
proposed project
a. Water all active constrUction arell5 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, apply water three times daily, or apply (non-toxic) soil stabilizers on all
unpaved access roads, parking areas and staging areas at construction sites.
d. Sweep daily (with water sweepers) all paved access roads, parldng areas and
staging areas at construction sites.
e_ Sweep streets daily (with water sweepers) if visible soil material is carried 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 daily or apply (non-to:dc) soil binders to exposed
stoekpiles (dirt. sand. etc.) '.
-. ----.-
Dial' Negative Dec:luation
TM 99-13
1012100
.
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h. Limit traffic speeds on unpaved roads to 15 mph.
i. Install sandbags or other erosion contrOl x:neasures to prevent silt runoff to public
roadways.
j. Replant vegetation in disturbed areaS as quickly as possible.
Biological Resources
~. For eac:h phase. the applicant shall have a revegetation plan and monitoriI\g program
prepared consistent with COFG requirements regarding oak habitat protection. The
revegetation plan and monitoring program shall be prepared and implemented by a
certified arborlst. subject to review and approval by COFG and the Gilroy PlanIIing
Division, and shall include the following measures: .
a. For each ac:re of oak habitat lost through development of the site, an appropriate
number of ac:res of oak woodland habitat shall be preserved on--site. This number
of acres shall be determined in consultation with the COFG.
'.
b. For e.ach individual significant oak tree lost. as defined by the City's Consolid.ated
Landsc:ape 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 repl~ent ratio.
Tra1'ISplanting the oak saplings lost, as identified above, may be implemented as
part of the revegetation plan, if deemed feasible by the certified arborist.
The revegetation plan and monitoring program shall be approved by COFG and the
Planning Division prior to approval of the final IMp for each applic:able phase of the
project. .
5. The applicant. for each phase of the proposed project. shall contract with a qualified
arborist to prepare a tree protection plan whic:h shall include, at a tninimum, !he
following components.
a. During the preparation of more detailed gra.ding and ilnprovement plans, the
project design team will work with the City of Gilroy Engmeering Division staff
and the project geotechnical consultant to identify and implement engineering and
infrastrUcture related alternatives in an effort to reduce grading and preserve
existing trees.
b. All construction activity (grading. filling, paving, and landscaping) shall respect a
root protection zone (RPZ) around all treeS with 6-inch diameter and greater as
measured 4.5 feet above average ground. The RPZ shall be a d,ist:ance of 1.0 timeS
the dripline radius mellS\U'ed from the trUnk of the tree. Exceptions to this
standard c:ould be considered on a case-by-case basis pro11ided that it is
demonstrated that an encroachment into the RPZ ""ill not affect the root systeJn or
the health of the tree. and it is authorized by an arborist or tree specialist.
Draft Negative Declaration
TM 99-13
10/2/00
4
c. Temporary protective fencing shall be installed around the dripline of existing
trees prior to commencli!II1ent of any earthwork activities conducted within a
sufficient dista1'lCe from the tree'S canopy, as determined by the arborist. The
fencing shall be clearly Il1iIl'ked to prevent inadvertent enaoaclunent 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
pruning of native trees during coru;trUcti.on activity.
f. Trenches which are required within the root RPZ of existing native trees.shall be
bored or tUIlneled 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 ~void impacts to'trees.
h. Roots exposed as a result of coru;truction activities shall be covered with wet
burlap to avoid desiccation and shall be buried as soon as possible.
1. Protection of existing native tree root zones in areas where roadways may
compromise the health of the trees.
j. Coru;truction materials or heavy equipment shall not be 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 protection plan shall be subject to review and approval by the Planning
Division, pri~r to approval of the final map,
6. A pre-coru;truction breeding surveys for white-talled kite, Cooper's hawk and lang-
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 through
July for Cooper's hawk.. If active nests are found, the applicant shall estabUsh a
temporary SOD-foot buffer around active nest sites within which no removal of
vegetation, construction activities, storage of constrUction materials or staging of
equipment shall be permitted, until a qualified wildlife biologist has determined that
the young have fledged. Pn-c:anstruditm su:rDftlJs would 7lDt be lUces5(lry if grading, a.
mmTOaJ. and ather a.cti'Dities reqUiring tM lolSl! of hearTy rruu:hincy is not scheduled betw<<n
Ftbnuzry 1-111ly31. Construction activities occurring during this time period are
expected to avoid disturbances to these special status birc1s.
Draft Negative Declaruion
TM 99-13
5
10/2/00
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"
Once the pre-consttUCtion surveys are cOIIlplete, 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 plantling Division prior to cotnmencexnent of
construction activities.
7. 'A pre-construction breeding survey for loggerhead shrike shall be contracted for by the
applicant and conducted during the breeding season bya qualified wildlife biologist.
The breeding season is from March 1- August 1. If active nests are found, \:he
applicant shall establish a teII\porary 15~foot buffer around active nest sites within
which no removal of vegetation. construction activities, storage of constrUCtion
materials or staging of equipIIleI\t shall be permitted, until a qualified wildlife biologist
has determined that \:he young lulve fledged. Pn-c:anstructUm swrwys would not be .
necesS/lry if grading. tree mnUDrd and other activities nquiri1lg the use ofhuT1!J machi7lery does
not occur betwan Msrch I _ July 31. Construction activities pCCUIring during this time . .
period are expected to av.oid disturbances to the shrike.
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 PllUlIling Division prior to commeI\Ce1I\eI\t of
construction activities.
"'. 8. A pre-construction survey for pallid bat roosts shall be contracted for by the applicant
and conducted by a qualified wildlife biologist prior to construction activities and
during the period of March through October. If roost sites are found, consult with a bat
specialist regarding \:he appropriate time to remove roost sites to a"oid or l:l'Iirlimize
mortalities. If a roost site is determined to be occupied year-round and scheduling to
avoid impacts is not possible, IIlethods to re1I\ove/ displace bats prior to the retI10val of .
known roost sites should 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 bf the
roost shall be determined by a bat specialist.
Once the pre-construction surveys are cOIIlplete, the wilcl1ife biologist (or bat spectalist)
shall prepare a written report of the findings and further recoaunendations. Pre-
amstruc:tion suroqs 'Would not bt nectSSf1.TY if grading. tree,emt1D4l tDld other activities
rtlfUiring the use ofJwrDy rmu:hinery is not scheduled between MJm;h I - Octobtr 31. The
report shall be subject to review and approval by the Qty Planning Division prior to
commencement of construction activities.
- -----.--
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Draft Ncptive Declaration
1M 99-13
6
10/2/00
9. A pre-construction survey for horned larks shall be contracted for by the applicant and
conducted by a qualified wildlife biologist during the breeding season. The breeding
season is from March 1 through August 1. Establish a temporary 15o-feet buffer
around active nest sites within which no removal of vegetation. construction activities,
storage of construction I1'Ulterials or staging of equipment shall be permitted, until a
, ' qualified wildlife biologist has determined that the young have fledged.
pre-amstruction suraeys Wf1II./d not be 71''-'PJr!J if gnuiing, me mnor1td and other actitriM
1'elftLiTing the IlSt ofheavy machinery is IlDt scheduled between MArch 1 - July 31.
COl'IStruction activities scheduled during this time period are expected to avoid
significant impacts to the horned lark.
10. A pre-constrUction survey for burrowing owls sha1l be contracted for by the applicant
and conducted by a qualified wildlife. biologist thirty days prior to the start of'
development on Phase IV, If burroWing owls are present. passively relocate (e.g.. plug
holes) the owls to an altemate on-site burrow at least 50 meterS from an impact area. If
nesting owls are present, the owls shall be relocated after a wildlife biologist has
determined that the young have fledged. The alternate burrow sha1l be contiguous
with a minimwn 6.5 acres of foraging habitat set aside as an on-site conservation
easement per pair or single owl. If on.site mitigation cannot be met, habitat shall be
replaced off-site. The habitat shall be suitable for buzrowing owls and approved by
CDFG. Replacement ratios for off.site mitigation are as follmvs:
(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 natural.or artificial burrow per each active burrow excavated shall be replaced on
the conservation easexnent. passive relocation involves installing one-way doors in
burrow entrances. The relocation shall be monitored for one week to confirm use of
alternabl burrows_ Original burrows shall be filled to prevent reuse. .
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 PllU'lning Division prior to commencement of
constrUction ~vities.
11. Except for fire control maintenAnCe practices necessitated by state and local agencies,
oak tree and understory vegetation rem.oval outside of the munediate periphery of
building envelopes shall not be permitted by homeowners. All future homeowners
shall be notified of this liII1itation. This mitigation shall be enforced by the PlaNring
Division.
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Draft Nep1ive Declaration
TM 99-13
7
10/2/00
12. Recreational vehicles and bicycles shall not be permitted in open space areas and
conservation easements. The applicant shall post all-weather signs to indicate this
restriction and shall barricade the periphery of such open space wherever it is needed
and to uphold the intent of this mitigation. This mitigation shall be impleInented by
the applicant, and mforced by the Planning Division. immediately upon approval of
. the tentative map for the lot or lots that contain open space and conservation easements.
, 3. The applicant shall incorporate the use of street lighting with opaque shields to reduce
illwnination of the surrounding landscape. No lighting shall be directed towards open
space areas and conservation easements. This meaS1.l1'e is intended to reduce the
adverse effects of night lighting en sensitive nocturnal wUdllfe. This meas1.l1'e shall be
subject to revieW and approval by the Engineering Di1Tision.
14. Install wildlife crossing signs on project roads. This meas1.l1'e is intended to reduce
mortalities to wildlife resulting from vehicular traffic. Precise locations shall be
determine in consultation with a qualified wildlife biologist subject to approval by the
Engineering Division.
Cultural Resouees
15. Due to the possibility that significant buried cultural reso1.l1'ces right be found during
construction the following language shall be included any permits issued for the project
site, including, but not llirtited to building permits for futlUe development; subject to
the review and approval of the Gilroy planning Division;
If archaeological' reso1.l1'ces or human remaiN are discovered during
construction. work shall be halted at a minimum of 200 feet from the find and
the area sluill be staked off. The project developer shall notify a qualified
professional archaeologist. If the find is determined to be signifiC8?t
appropriate mitigation measures shall be formulated and iInplemented. .
16. In the event of an accidental discovery or recognition of any hwnan remains in any
location other than a dedicated cemetery, the City shall ensure that this language is
included in all permits in accordance with CEQA Guidelines section 15064.5(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 Clara County is
contaeted to determine that no investigation of the cause of death is required.
If the coroner determines the remains to be Native A..merican the corol'U!1' shall
contact the Native American Heritage Ccmanission 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 Aznerican. The most
likely descendent may then make recommendations to the landowner or the
person responsible for the elCcavation work, for means of treating or disposing
....~_......:...=.=---"':-- --..- ~--"
Dnd't Neptive Decluation
TM 99-13
8
IllI2IOO
of. with appropriate dignity, the human remail1s and associated grave goods as
provided in Public Resources Code Section 5097.98. The landowner or his
authorized l",~.e5entative sha1l rebury the Native Americanhw:nan rmWnS and
associated grave goods with appropriate dignity on the property in a location
not subject to further disturbance if: a) the Native AInerian Heritage
Commission is unable to identify a most likely descendent or the most likely
descendent failed to make a recommendation within 24 hours after being
notified by the commission; b) the descendent identified fails to tnake 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.
Geology and Soils
17. The recO!%llI\endations in the February 11,1999 geotechrlicalfeasibility report for Phase
m shall be implemented by the developer. The recoaunendations address. site
preparation and grading, foundations, slabs-on-grade and. exterior flatwork, pavement
sections, retaining walls, site drainage, utility trenches, and observation and te~.
Hydrology and Water Quality
18. Preparation of a storm drain plan for Phase m and Phase IV will be required. The
design of all storm drainage improvem.ents serving the project site shall be provided by
the developer, subject to the review and approval by the Engineering Division, prior to
the approval of final improvement plans.
19. Applicants for development within the proposed project area will be required to
submit a Notice of Intent (NOl) to the Central Coast RWQCB prior to obtaini1'1g a
grading permit from the City. This permit will require development and
imp1em.entation of a Storm Water Pollution Prevention Plan (SWPPp) that uses stann
water "Best ManAgeznent Prac:ticesP to control runoff, erosion and sedimentation from
the site. The SWPPP bas 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 eNure the ixnplei:nentation of practices to reduce sediment and other
pollutants in stonn water discharges. The SWPPP must include Best Managmumt
Practices which address source reduction and, if necessary, shall include practices
which require t:reatm.ent. Integral to the NOI proceS6 is submittal of engineering
designs. The SWPPP will be submitted. to ~ Engineering Division for review and
approval prior to issuing a building pen:n.it.
'.
DnU't Negative [)cc:lanWon
TM 99-13
9
10/2/00
Noise
20. The following Language shall be included on any permits issued at the project site,
subject to the review and approval of the City of Gilroy Engineering Division. "All
construction activities shall be limited to weekdays between 7:00 AM and 7:00 PM, and
to Saturdays and City holidays between 9;00 AM and 7:00 PM. No construction is
allowed on Sundays. In addition, temporary berms or noise attenuation barriers shall
be utiliz;ed when necessary."
Date Pi-epared: 10/2 / 0 0
End of Review Period: 11 / 02/00 Date Adopted:
WIIlWn Faus
planning Division Mallager
Country Estates Residential Subdivision
Phase ill (TM 99-13) and
Phase IV
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 the
initial study/negative declaration. These mitigation measures are designed to
eliminate or reduce significant adverse environmental effects to levels of
insignificance. 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 the initial study/negative declaration.
,
Mitigation Munih.. In" Prog/am
Carml7y Estates PlulsIIS m Il7Ul IV
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 City of Gilroy Planning Division should be responsible for coordination
of the monitoring program, including the monitoring checklist. The Planning
Division should be responsible for completing the monitoring checklist and
distributing the checklist to the responsible individuals or agencies for their
use in monitoring the mitigation measures.
2. Each responsible individual or agency will then be responsible for
determining whether the mitigation measures contained in the monitoring
checklist have been complied with. Once all mitigation measures have been
complied with, the responsible individual or agency should submit a copy of
the monitoring checklist to the City of Gilroy Planning Division to be placed
in the project.ffie. If the mitigation measure has not been complied with, the
monitoring checklist should not be returned to the Planning Division.
3. . Prior to issuance of an occupancy permit, the Planning Division should
review the checklist to ensure that all mitigation measures and additional
conditions of project approval included in the monitoring checklist have been
complied with, An occupancy permit should not be issued until all
mitigation measures and additional conditions of project approval included
in the monitoring checklist have been complied with.
4. If a responsible individual or agency determines that a non-compliance has
occurred, a written notice should be delivered by certified mail to the project
proponent within 10 days, with a copy to the Planning Division, describing
the non-compliance and requiring compliance within a specified period of
time. If a non-compliance still exists at the expiration of the specified period
of time, construction may be halted and fines may be imposed at the
discretion of the City of Gilroy.
MMP-2 EMC Planning Group Inc.
Ccnmtry Estates lniti4l Stwlr(
.
Miti1(ation MonitorinK Pro!(ram
Phase m Mitigation Measures-Final Map
. Prior to approval of the FInal Map for Phase m, the following mitigation measures
sha1l be implemented:
MM#
Nature of Mitigation
3. The applicant shaJ1 prepare plans for the design of all
retaining walls over four feet high with each phase of the
project. Retaining walls for roadways shaJ1 be
constructed of keystone and be designed to blend in with
its surrO\Uldings. Retaining walls on individual lots shaJ1
include a modular, or terracing design to break up the .
appearance of a high retaining wall. As this terracing
design would require more space than one single wall,.
building pads will be located so as to accommodate the
terraced retaining walls. All retaining wall designs will
require landscaping to assist in blending in with the
SUllO\Ulding naturaJ environment. Landscaping shall be
completed at 1he time of retaining wall construdion. The
retaining wall plans, for each phase, shall be subject to
review and approval by the City of Gilroy Planning
Division, prior to approval of the final map for each
nhase.
EMC pltzmring Grtnlp btc.
Party
RespODSl"ble for
Implementation
Applicant
Party
Responsible
for
Monitoring
aty
Engineering
Division
~-3
Mitigmcm M",Jt>-, ing P>~,_
Caurrtry Estates Pluues m ;md IV
5. For each phase, the applicant shall have a revegetation Applicant Oty Planning
plan and monitoring program prepared consistent with Division
CDFG requirements regarding oak habitat jJ.<'Olection.
The revegetation plan and monitoring program shaII be
prepared and implemented by a certified arborist:, subject
to review and approval by CDFG and the Gilroy
- Planning Division, and shall 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 shall be preserved on-site. This
number of acres shaII 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 replacement ratio. Transplanting the oak
saplings lost, as identified above, may be implemented as
part of the revegetation plan, if deemed feastole by the
certified arborist.
The revegetation plan and monitoring program
shall be approved by CDFG and the l'Ianning Division
prior to approval of the final map for each applicable
I phase of the. .
MMP-4
EMC PlImning Grrmp bJc.
CormtnI Estates britUd Strulti
MitiRlItitm Munitu, ~'K Progrtml
8. The applicant. for each phase of the proposed project. Applicant City Planning
shall contract with a qualified arborist to prepare a tree Division
protection plan which shall include, at a minimum, the
following components.
&. During the preparation of more detailed grading
and improvement plans, the project design team will
work with the City of Gilroy Engineering Division staff
and the project geotechnical consultant to identify and
implement engineering and infrasI;rw:ture related
alternatives in an effort to reduce grading and preserve
existing trees.
b. All construction activity (grading, filling, paving,
and landScaping) shall respect a root protection zone
(RPZ) around all trees with 6-inch diameter and greater
as measured 4.5 feet above average ground. The RPZ
shall be a distance of 1.0 times the dripJine 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
specialisl.
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 fencing shall be clearly
marked to prevent inadvertent encroaclunent by
machinery. Fencing shall be staked with slI!el 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 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 under
the roots using an auger or drill, rather than trenched, to
avoid root disturbance. Trenches will be located as far
from the root p.-ote.::Uon zone as posstDIe.
g. Should utility Jines encroach within the tree
pi ote.::tion zone, a single, shared utility conduit shall be
used where needed to avoid impacts to trees.
h. Roots ""J'OS'!d as a result of construction
activities shall be covered with wet burlap to avoid
desiccation and shall be buried as soon as possible.
i I'rotection of native tree root zones in
EMC PIImning Grtnq1 brc.
MMP-S
-,
.Mitig.titmM.,n1tur~~ Piui.al
COtDfby Estates P1uIses m IlIUllV
areas where roadways may compromise the health of the
trees.
j. Construction materials or heavy e:quipment shaII
not be stored within the root protection zone of existing
trees.
It. Construction materials shall be properly stored
away from existing trees to avoid spillage or damage to
trees.
The tree protection plan shall be subject to
review and approval by the Plarming Division, prior to
a oval of the final ma .
16. The applicant shall incULpuLdbc the use of street .
lighting with opaque shields to reduce illumination of
the surrounding landscape. No lighting shall be
directed towards open space areas and conservation
easements. This measure is intended to reduce the
adverse effeds of night lighting on sensitive noctumal
wildlife. This measure shall be subject to review and
aDDfoval bv the Enltineerin.. Division.
17. Install wildlife crossi1\g signs on project roads. This Applicant at}'
measure is intended to reduce mortalities to wildIHe Engineering
resulting from vehicular traffic. Precise locations shaII Division
be determine In consultation with a qualified wildlife
biologist subject to approval by the Engineering
Division.
18. Due to the possibility that significant buried cultural Applicant City PIannlng
resources might be found during construction the. Division
following language shall be included 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 PIannlng
Division:
If archaeological resources or human remains are
discovered during construc:tion, work Shall be halted
at a minimum of 200 feet from the find and the area
shall be stalced off. The project developer shall notify
a qua1ified professional archaeologist. If the find is
determined to be significant. appropriate mitigation
measures shaII be formulated and iuu>lemented.
MMP-6
EMe PlimIdng Group Inc.
.,
CDtI1ItnI EstlItes btitial StM4r,
Mi~.mtm Mv..ltoring Program
19. In the event of an accidental discoVery or recognition App1icant City Planning
of any human remains in any location other than a Division
dedicated cemetery, the City shaII ensUre that this
language is included in all p=....J1s in accordance with
CEQA Guidelines section lS064.5(e):
If human remains are found 'during ronstruction there
, shaII be no further excavation or disturbance of the
, site or any nearby area reasonably 5USyecbed 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 Heritage Commission within 24 hours. The
Native American Heritage Commission shal1 identify
the person or persons it believes to be the most Iikely
descendent ~L) from the deceased Native
American. The MDL may then make
recommendations to the landowner or the person
responsible for the excavation work. for means of
treating or disposing of, with ayy.opriale dignity, the
human remains and associated grave goods as
provided in Public Resources Code Section 509'7.98.
The landowner or his authorized representative shal1
rebury the Native American human remains and
associated grave goods with ayy. opriaIe dignity on
the property in a location not subject to further
disturbance if: a) the Native American Heritage
Commission is unable to identify a MDL or the MDL
failed to make a recommendation within 24 hours
after being notified by the commission; b) the
descendent identified fails to make a
recommendation; or c) the landowner or his
authorized representative rejects the recommendation
of the MDL, and the mediation by the Native
American Heritage Commission fails to provide
measures accemible to the landowner.
20. The recommendations in the February 11, 1999 App1icant City
geotechnical feasibility report for Phase m shal1 be Engineering
implemented by the developer. The Division
reconunendation address site preparation and
grading. foundations, sJabs-on-grade and exterior
f1atwork. pavement sections, retaining walls, site
draina2<!, utilitv trenches, and observation and
22- Preparation of a storm drain plan for Phase m and App1icant City
Phase IV will be required. The design of all storm Engineering
drainage improvements serving the project site shal1 Division
be provided by the developer, subject to the review
and approval by the Engineering DIvision. prior to the
al1PfOVal of final im
EMC PWrning Grtnlp bu:.
MMP-7
MMP-B
EMe PlIInning Group bu:. .
MitiKtltilmMuni"'.~ p,rIJlTiDII
Country EsbJta Phases m tuUl IV
Phase IT Mitigation Measures- Building Permit
Prior to issuance of a Building Permit for :Phase llL the following mitigation
measures shall be implemented:
MM' Nature of Mitigation Party Party
- llesponsible for Responsible
Implementation for
Monitorinl!:
1. Applicants for development of homes on lots 40, 41, 42- Applicant City Planning
44, 45, 47, 48, 49, SO, 51 and 52 shall stake and flag the Division
outline of the proposed structure to determine if
construction of the home would result in a siThouette
against the skyline, as viewed from the valley floor.
The staking and flagging shall be subject to review and
approval by the City of Gilroy Planning Division and
architectural review board prior to approval of
architectural and site review, in accordance with the
provision of the City of Gilroy Zoning Ordinance,
Section 9.32 regarding building visibility and height
I reouirements.
Cormlni Estms 1nititd StJuJv.
Mitigation Monitoring ProR.4",
4. The following control measures sha1l be incorporated Applicant City Buildin
. g
into any permits issued for the proposed project: Division
a. Water all active construction areas at 1east 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 uiamtain at least
two feet of freeboard.
c. Pave, apply water three times daily. or apply
(non-toxic) soil stabilizers on all unpaved access roads,
parking areas and staging areas at construction sites.
d. Sweep daily (with water sweepers) all paved
access roads, parking areas and staging areas at
construction sites.
e. Sweep streets daily (with water sweepers) if
visible soil material is carried onto adjacent public
streets.
f. Hydroseed or apply (non-toxic) soil stabilizers
to inactive construction areas (previously graded areas
inactive for b!n days or more).
g. Enclose, cover, water twice daily or apply (non-
toxic) soil binders to exposed stockpiles (dirt, sand, etc.)
h. Limit traffic speeds on unpaved roads to 15
mph.
i. Install sandbags or other erosion control
measures to prevent silt runoff to public roadways.
j. Replant vegetation in disturbed areas as quickly
. as nossible.
EMC Plimtri1Ig Group lnc.
MMP-9
Mitigtltitm MorritmittK Program
Ctnmtnt Est4ta Plulses m and IV
23. Applicants for development within the proposed App1icant City
project area will be required to submit a Notice of Engineering
Intent (NO!) to the Central Coast RWQCB prior to Division
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 "Best 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. Integral to the NO! process is submittal of
engineering designs. The SWPPP will be submitted to
the Engineering Division for review and approval prior
to issuimz a . . . nermit.
24- The following language shaI1 be included on any Applicant City PIarming
permits issued at the project site, subject to the review Division
and approval of the City of Gilroy Engineering
Division. 'All construction activities shall be limited to
weekdays between 7:00 AM and 7:00 PM, and to
Saturdays and City holidays between 9:00 AM and 7:00
PM. No construction is allowed on Sundays. In
addition, temporary berms or noise attenuation barriers
shaI1 be utilized when .
MMP-l0
EMC Plmming Gnmp 1m:.
Cormfry Estates Initial Stu41l
Mitigation Monitat'ing Prognnn
Phase m Mitigation Measures-Construction Activities
Prior to Construction Activities for Phase m the following mitigation measures
shall be implemented:
MM' Nature of l'oIit;8l'tion Party . Party
ResponsIble for RespoDSlDle
Implementation for
Monitoring
9. A pre-con.struction breeding surveys for white-tailed Applicant City Planning
kite, Cooper's hawk and long-eared owl shall be Division
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-tai1ed kite and Iong-
eared owl, April through July for Cooper's hawk. H
active nests are found, the applicant shall establish a
temporary SOO-foot buffer around active nest sites
within which no removal of vegetation, construction
activities, storage of construction materials or staging
of equipment shall be permitted, until a qualified
wildlife biologist has determined that the young have
fledged. Pre-cunstrudicm surveys would not be necessary if
grading, tree removal and other actiI1ities requiring the use
ofheauy machinery is not scheduled between FelnuaTy 1-
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 writlen
report of the findings and further recommendations.
The report shall be subject to review and approval by
the Planning Division prior to commencement of
construction activities.
EMC PlImning G7'OlIp brc.
MMP-U
..
MMP-12
EMC Plarming Group bJc.
Mitigation Monitoring Program'
Country Est4ta Plulses m tm4 IV
10. . A pre-construction breeding survey for loggerhead Appllcant Oty Planning
shrike shall be contracted for by the applicant and Division
conducted during the breeding season by a: qualified
wilcl1ife biologist. The breeding season is from March
1- August 1. If active nests are found, the applicant
shall establish a temporary ISO-foot buffer around
; - active nest sites within which no removal of vegetation;
construction activities, storage of construction
materials or staging of equipment shall be permitted,
until a qualified wildlife biologist has determined that
the young have fledged. Pre-constructicm surveys would
not be necessary if grading, tree TeIIIOl1Ill and otlter activities
requiring the use ofheavy machinery dDes not occur between
March 1- July 31. Construction activities occurring
during this time period are expected to avoid
disturbances to the shrike.
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 Planning Division prior to commencement of
construction activities.
11. A pre-construction survey for pallid bat roosts shall be Applicant Oty Planning
contracted for by the applicant and conducted by a Division
qualified wildlife biologist prior to construction
activities and during the period of March through
October. If roost sites are found, consult with a bat
specia1ist regarding the appropriate time to remove
roost sites to avoid or minimize mortalities. If a roost
site is determined to be occupied year-round and
scheduling to avoid impacts is not possible, methods to
remove/displace bats prior to the removal of known
roost sites should be implemented by a qualified bat
specia1ist. 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 determined
by a bat specia1ist.
Once the pre-construction surveys are
complete, the wildJi(e biologist (or bat specialist) shall
prepare a written report of the findings and further
recommendations. Pre-amstruction srnveys would not be
necessmy if grading, tree TeIIlOlIIZl and other activities
requiring the use ofheavy machinery is not scheduled
between March 1 - October 31. The report shall be
subject to review and approval by the City Planning
Division prior to commencement of construction
activities.
,
CornrtFy Esfides britW Sttuly
MitiRfZfian Mmdtori1lg Progr.....
12 A pre-construction survey for homed larks shall be App1icant aty Planning
contracted for by the applicant and condudl!d by a Division
qualified wildlife biologist during the breeding season.
The breeding season is from March 1 through August
1. Establish a temporary Iso-feet buffer around active
nest sites within which no removal of vegetation.
construction activities, storage of construction
materials or staging of equipment shall be permitted.
until a qualified wildlife biologist has determined that
. the young have fledged. Pre-construdion surveys would
not lie necessary if grading. tree removal and other actruities.
requiring the use ofhetroy machinery is not scheduled
between Mllrch 1 - July 31. Construction activities
scheduled during this time period are =f"!Cted to
avoid si . t imoacts to the homed lark.
EMC Pl6nnbtg GrY1IIp lnc.
MMP - 13
MMP-14
EMC PlmIning Group bu:.
Miti1(atUm Monitorin1( ~ulm
CtnlIdTy Esblta P1uues m and IV
13. A pre-construction survey for burrowing owls shall be Applicant aty Planning
contracted for by the applicant and conducted by a Division
qualified wildlife biologist thirty days prior to the start
of development on Phase IV. If burrowing owls are
present. passively relocate (e.g., plug holes) the owls to
an alternate on-site burrow at 1east 50 meters &om an
. . impact area. If nesting owls are present, the owls shall
, be relocated after a wildlife biologist has determined
that the young have fledged. 1be alternate burrow
shall be contiguous with a minimum 6.5 acres of
foraging habitat set aside as an on-site conservation
easement per pair or single owL If on-site mitigation
cannot be met, habitat shall be replaced off-site. The
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 natural or artificial burrow per each active
burrow excavated shall be replaced on the
conservation easement. Passive relocation 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<onstruction surveys are I.
complete, the wildlife biologist shall prepare a written
report of the findings and further recommendations.
1be report shall be subject to review and approval by
the Planning Division prior to commencement of
construction activities.
14- Except for fire control maintenance practices Applirant City Planning
necessitated by state and local agencies, oak tree and Division
understory vegetation removal outside of the
immediate periphery of building envelopes shall not be
pennittI!d by homeowners. All future homeowners
shall be notified of this limitation. 'This mitigation shall
be enforced bv the PIannin.. Division.
EMC Pltmning Group me.
MMP - 15
Cormby Estates Initial Study
Mitigation Monitoring Progralll
Phase IV Mitigation Measures-Tentative Map
Prior to approval of the Tentative Map'for Phase IV. the following mitigation
measures shall be implemented:
MM' Nature of Mitigation . party Party
- Responsible for RespODSl"ble
Implementation for
Monitoring
2 Future tentative map submittals shall include a view Applicant City Planning
profile exhibit of all proposed lots within 100 vertical Division
feet of the crest of a ridge. The view profile exhibit
shall be accompanied by a tree removal exh1'bit. The
City of Gilroy Planning Division shall identify all lots
with the pollcul:ial for ridgeline development. Lots
identified by City of Gilroy Planning Division as
having the potenl:ial for ridge1ine development shall
be subject to the following mitigation measure:
Applicants for development of hODles on lots
identified by the City of Gilroy Planning Division as
having the yutbdial to result in ridgeline
development shall stake and flag the outline of the
proposed structore to determine if 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 of Gilroy Planning Division prior to approval
of architectural and site review, in accordance with
the provision of the City of Gi1roy Zoning Ordinance,
Secti~ 9.32 regarding building visibility and height .
6. Design future phases of the project in consultation AppJicant Planning
with a wildlife biologist in order to help maintain the Division
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 estabIislunent of open space
areas and/or conservation easements; designing
corridors of undeveloped habitat that will avoid the
creation of isolated habitat islands by linking open
space and other p....tecbed areas; and designing habitat
linkages to accommodate wildlife immigration from
off-site habitats and emieration to off-site habitats.
.
..
MitiRation Monitor'inR J'tt1Jll'iD1l
CDVIrt7y Est4ta P1uues m ;md IV
7. The applicant shall prepare and SI1bmit a tree removal Applicant City Planning
exhibit indimting the proposed removal of oak trees Division
six inches and greater in diameter. The tree removal
exhibit shall be and sUbmitted along with tentative
map applications for Phases ill and N, SI1bject to
~ bv the Citv . Division.
15-. Recreational vehicles and bicycles shall not be Applicant City Planning
permitted in open space areas and conservatiOn Division
easements. The applicant shall post all-weather signs
to indicate this restriction and shall barricade the
periphery of such open space wherever it is needed
and to uphold the intent of this mitigation. This
mitigation shall be implemented by the applicant. and
enforced by the Planning Division. immediately upon
approval of the tentative map for the lot or lots that
contain 0-- e and conservation easements.
21. Prior to approval of the tentative mapior Phase N, Applicant City
the applicant shall contract with a qualified Engineering
geotechnical engineer for preparation of a Division
geotechnical feasibility report. Recommendations
contained in that geotechnical feasibility report shall
be imD1emented with construction of Phase N.
MMP-16
EMC PlmmUtg Grrnq1 Inc.
Ctnmtrl/ EstIIta britUd Sttuly
Mitigatian Monitoring Program
Phase IV Mitigation Measures - Final Map
'.
Prior to approval of the Final Map for Phase IV, the following mitigation measures
shall be implemented:
MM:t Nature of Mitigation Pmy pmy
Resporw"le fm: Respcms1"le
Implementation for
Monitoring
3. The applicant shall prepare plans for the design of all Applicant City
reWning waDs over four feet high with each phase of Engineering
the project. Retaining waDs for roadways shall be Division
constructed of keystone and be designed to blend in
with its surroundings. Retaining waDs on individual
lots shall include a modular, or terracing design to
break up the appearance of a high retaining wail As
this terracing design would require more space than
one single wall, building pads will be located so as to
accommodate the terraced retaining walls. AU
retaining wall designs will require .Jandscaping to assist
in blending in 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
approval by the City of Gilroy Planning Division.. prior
to annroval of the final mao for each obase.
EMC PIImning Group bIc.
MMP -17
Mitigtdion Monitoring Pr01(>WIl
CormInf Est4ta P1uues m tmd IV
..-.'
5. For each phase, the applicant shall have a revegetation Applicant GtyPlaiming
plan and monitoring program prepared consistent with Division
CDFG requirements regarding oak habitat protection.
The revegetation plan and monitoring program shall be
prepared and implemented by a c:ertified arOOrist,
subject to review and approval by CDFG and the
Gilroy Planning Division,. and shall 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 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 replacement ratio. Transplanting the
oak saplings lost. as identified above, may be
implemented as part of the revegetation plan,. if
deemed feasible by the certified arborist.
The revegetation plan and monitoring program
shall be approved by CDFG and the Planning DivisJl)n
prior to approval of the finaJ map for each applicable
Dhase of the .
.
8. The applicant, for each phase of the proposed project, Applicant GtyPlanning
shall contract with a qualified arOOrist to prepare a tree Division
protection plan which shall include, at a minimum, the
following components.
a. During the preparation of more detailed
grading and improvement plans, the project design
team will work with the City of Gilroy Engineering
Oivisionstaff and the project geotechnica1 consultant to
identify and implement engineering and infrastnlcture
related alternatives in an effort to reduce grading and
preserve existing trees.
b. An construction activity (grading, filling,
paving, and landscaping) shalllespect a root
plotection zone (RPZ) around aD trees with 6-inch
diameter and &'>cate. as measured 4.5 feet above
average ground. The RPZ shall be a distance of 1.0 .
times the dripline 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 enaoaclunent into the RPZ will
not aff1!ct the root system or the bea1th of the tree, and
it is authorized by an arborist or tree spec:iaIist.
c. Tem fencin2 shall be installed
MMP-IB
DlC Planning Group Inc..
Cmmtry EstlItes Irtititd StIuly
Mitigation Monitoring ~
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 fencing shall be clearly
marked to prevent inadvertent encroaclunent 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 p<>n4. 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
under the roots using an auger or drill. rather than
trenched. to avoid root disturb8nce- Trenches will be
located as far from the root t',c.tection 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 compromise the health of
the trees.
j. Construction materials or heavy equipment
shall not be 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 protection plan shall be subject to
review and approval by the Planning Division, prior to
a'Doroval of the final map.
16. The applicant shall incorporate the use of street Applicant Oty
lighting with opaque shields to reduce illumination of Engineering
the surrounding landscape. No lighting shall be Division
directed towards open space ueas and conservation ,
easements. 1bis measure is intended to reduce the
adverse effects of night lighting on sensitive noctuma1
wiliIlife. 1bis measure shall be subject to review and .
a-omoval bv the -. . Division.
EMC PImming GtrnqI brc.
MMP -19
Mitigation Mrmibnihg PrrJxnzm
COIIIdty Estates Phases m tmd IV
17. JnstaIl wildlife crossing signs on project roads. This Applicant City
measure is intended to reduce mortalities to wildlife Engineering
resulting from vehicular traffic. Precise locations shall Division
be determine in consultation with a qualified wildlife
biologist. subject to approval by the Engineering
Division-
18. Due to the possibility that significant buried cultural Applicant City Planning
resources might be found during construction'the Division
following language shall be included any permits
issued for the project site, including. but not 1imited 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 halted at
a minimum of 200 feet from the find and the area shall
be staked off. The project developer shall notify a
qualified professional archaeologist. If the find is
determined to be significant, appropriate mitigation
measures shall be formulated and ImpIemented.
MMP-20
EMC Phuming Group Inc.
CormfnI Esmtzs britUd StJulv
Mitigation Monitoring Plo;rram
19. In the event of an accidental discovery or recognition Applicant OtyPlanning
. of any human remains in any location other than a Division
dedicab!d cemetery, the City shall ensure that this
language is included in all permits in accordance with
CEQA Guidelines section 15064.5(e):
If human remains are found during construction there
shall be no further excavation or disturbance of the site
or any nearby area reasonably "",,~ted 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 Heritage
Commission within 24 hours. The Native American
Heritage Commission shall identify the person or
persons it believes to be the most likely descendent
(MOL) from the deceased Native American.. The MOL
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 lisSOCiated grave
goods as provided in Public Resources Code Section
5097.98. The landowner or his authorized
representative shall rebury the Native American
human remains and lisSOCiated 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
MOL or the MOL failed to make a recommendation
within 24 hours after being notified by the commission;
b) the descendent identified fails to make a
recommendation; or c) the landowner or his authorized
representative rejects the recommendation of the MOL,
and the mediation by the Native American Heritage
Commission fails to provide measures acceptable to
the landowner.
22- Preparation of a storm drain plan for Phase ill and Applicant City
Phase IV will be required. The design of all storm Engineering
drainage improvements serving the project site shall be Division
provided by the developer, subject to the review and
approval by the Engineering Division, prior to the
a of final im t 1>1ans.
EMC Plmrning G""'P bu:.
MMP - 21.
MMP-22
EMC Plmming Group btc.
MitiRatUm Mu";lvr;'''~ PrDKtIlllJ
CormtnI Estafl!S PIuIMs in tmd IV
Phases IV Mitigation Measures - Building Permit
Prior to issuance of a Building Permit for Phase IV the following mitigation
measures shall be implemented:
MY' Nature of Mitigation Party Party
Responsible for Responsible
, Implementation for
MonitorinR
4. The following control measures shall be incorporated Applicant City Building
into any permits issued for the proposed project Division
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 1east
two feet of freeboard.
c. Pave, apply water three times daily, or apply
(non-toxic) soU stabilizers on all unpaved access roads,
parking areas and staging areas at construction sites.
d. Sweep daily (with water sweepers) all paved
access roads, parking areas and staging areas at
construction sites.
e. Sweep streets daily (with water sweepers) if
visible soil material is Carried onto adjacent public
streets.
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 daily or apply
(non-toxic) soil binders to exposed stockpiles (dirt,
sand, etc.)
h. Limit traffic speeds on unpaved roads to 15
mph.
i. Install sandbags or other erosion control
measures to prevent silt,nmoff to public roadways.
j. Replant vegetation in disturbed areas as
I Quicklv as 1lossible.
EMC PlImning Group brc.
M.MP - 23
COfIJItnI Estata britial StruhI
MitigatiOlJ M."ulur ill~ Prux, ......
. 23. Applicants for development within the proposed Applicants City
project area will be required to submit a Notice of Engineering
Intent (NOl) to the Central Coast RWQCB prior to Division
obtaining a grading permit from the City. This permit
will require development and implementation of a
Storm. Water Pollution I\..v",dion Plan (5WPPP) that
uses storm water -Best Management Practices- to
control runoff, erosion and sedimentation &om the site. .
The SWPPP has two major objectives: (1) to help
identify the sources of sediments and other pollutaIrts
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. Integral to the NOI process is submittal of
engineering designs. The SWPPP will be submitted to
the Engineering Division for review and approval prior
to issuin.. a
24- The following language shall be included on any Applicant City PJarming
permits issued at the project site, subject to the review Division
and approval of the City of Gilroy Engineering
Division. . All construction activities shall be limited to
weekdays between 7:00 AM and 7:00 PM, and to
Saturdays and City holidays between. 9:00 AM and 7:00
PM. No construction is allowed on Sundays. In
addition, temporary berms or noise attenuation
barriers shall be utilized when .
Mitigation Monitoring PrO;(,am
Cmmtry Estates P1ulses m tmd IV
Phase IV Mitigation Measures - Construction Activities
Prior to Construction Activities for Phases IV, the following miti.gati~ measures
shall be implemented:
MM* Nature of Mitigation Party Party
, Responsible for Responsible
Implementation for
. Monitoring
9. A pre-<:onstruction breeding surveys for white-tailed Applicant City Planning
kite, Cooper's hawk and long-eared owl shall be Division
contracted for by the applicant and conducted during
the breeding season by a qualified wildlife biologist.
The breeding seasons for these species are as fonows:
February through July for white-tailed kite and long-
eared owl, April through July for Cooper's hawk. If
active nests are found, the applicant shall establish a
temporary SOO-foot buffer around active nest sites
within which no removal of vegetation. construction
activities, storage of construction materials or staging
of equipment shall be permitted, until a qualified
wildlife biologist has determined that the young have
fledged. Pre-constmcticm SUrreys would not be necessary if
grading, tree removal and other activities requiring the use
ofheavy machinery is not scheduled between FelJruary 1-
July 31. Construction activities occurring during this
time period are expected to avoid disturbances to these
special status birds.
Once the pre-<:onstruction 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 Planning Division prior to commencement of
construction activities.
MMP-24
EMC Plmming Group bu:.
EMC PImrning Group Inc.
MMP - 25
Cauntn! Estates brititIl Studt(
Mitigation Mrmil:u.;'o}( Program
10. A pre-construction breeding survey for loggerhead Applicant Oty Planning
shrike shall be contracted for by the applicant and Division
conducted during the breeding season by a qualified
wildlife biologisL The breeding season is from March
l-August 1. H active nests are found, the applicant
shall establish a temporary 150-foot buffer around
active nest sites within which no removal of vegetation.
construction activities, storage of construction
materials or staging of equipment shall be permitted,
until a qualified wildlife biologist has determined that
the young have fledged. PTe-constnlction suroeys would
not be neassary if grading, tree remuoal and other actioities
requiring the use oflreat1y madrinery does not occur between ..
March 1- July 31. Construction activities occurring ,
during this time period are expected to avoid
disturbances to the shrike. .
Once the pre-construction surveys are
complete, the wildlife biologist shall prepare a written
report of the findings and further reconunendations.
The report shall be subject to review and approval by
the Plarming Division prior to commencement of
construction activities. .
11. A pre-construction survey for pallid bat roosts shall be Applicant Oty Planning
contracted for by the applicant and conducted by a Division
qualified wiIdIife biologist prior to construction
activities and during the period of March through
October. H roost sites are found, consult with a bat
~~H"" regarding the "t't'.opIiate time to remove
roost sites to avoid or minimize mortalities. H a roost
site is determined to be occupied year-round and
scheduling to avoid impacts is not possible, methods to
remove/displace bats prior to the removal of known
roost sites should 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
~~ations of the location of the alternate roost and
construction standards of the roost shall be determined
by a bat specialist.
Once the pre-construction surveys are
compielle, the wi1d1ife biologist (or bat "P""aHd:) shall
prepare a written report of the findings and further
lCLU..~.mdations. Pre-amstTuction SUTf}f!)/S would not be
neassary if grading, tree removal and other actioities
requiring the use oflreat1y machinery is 7IDt scheduled
between March 1- October 31. The report shall be
subject to review and approval by the City P!anning ,
Division prior to CODlIlU!IICeIII of construction
activities.
MMP-26.
DlC Plmming Group bu:.
MitiflatUm Mtmitori:n!l Pro!(rIlm
.,
Cormm, Estates P~ m and IV
12 A pre-constructi.on survey for homed larks shall be Appliciml City Planning
contracted for by the applicant and conducted by a Division
qualified wildlife biologist during the breeding season.
The breeding season is from March 1 through August
1. Establish a temporary 1SO-feel buffer aroWld active
nest sites within which no removal of vegetation.
construction activities, storage of construction
materials 01' staging of equipment shall be permitted,
, Wltil a qualified wildlife biologist has determined that
the YOWlg have fledged. Pre-construction surueys would
rwl be necessary if grading, tree removal and other activities
requiring the use ofheJzoy machinery is not scheduled
, between March 1 - July 31. Construction activities
scheduled dwing this time period are expected to
avoid si~cant imnacts to the homed lark.
Cormtn( EstIJtes brifi41 StIuly
".
MitillationMonitorinSl ProJ(1'arn
13. A pre-construdion survey for burrowing owls shaII be Applicant Ci1r Planning
contracted for by the applicant and conduc:ted by a Division
qualified wildlife biologist thirty days prior to the start
of deve10pment on Phase IV. If burrowing owls are
present, passively relocate (e.g., plug holes) the owls to .
an alternate on-sile burrow at least 50 meters from an
impact area. If nesting owls are present. the owls shall
, be relocated after a wildlife 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 pair or single owl If on-site mitigation
cannot be met, habitat shall be replaced o~ The
habitat shall be suitable for burrowing ow
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 natural or artificial burrow per each active
burrow excavated shall be replaced on the
conservation easement. Passive relocation involves
installing one-way doors in burrow entrances. The
re1ocation shaII be monitored for one week to confirm
..
use of alternate burrows. Original burrm\rli1fhall be
filled to prevent reuse.
. Once the pre-construction surveys are
complete, the wildlife biologist shaII prepare a written
report of the findings and further recommendations.
The report sha1l be subject to review and approval by
the Planning Division prior to commencement of
construction activities.
14- Except for fire control maintenance practices Applicant aty Planning
necessitated by _ and local agencies, oak tree and Division
undemtory V"j!;d..tion removal outside of the
immediate periphery of building envelopes sha1l not be
permitted by homeowners. All future homeowners
sha1l be 00tified of this limitation. This initigation shall
be enforced bv the . Division.
EMC PlJImring Grt1Up bIc.
-_.- .;.-
.f'
MMP-27
-J
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2001-5 is an original resolution, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 5th day of February, 2001, at which meeting a
quorurn was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 26th day of February, 200 I.
City lerk of the City of Gilroy
(Seal)