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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 -1- 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 -2- 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 -3- Resolution No. 2001-05 / i ! EXHIBIT A ~ -r ; i ; , ... - --.- ~ , , ; , .-- ~D UNITS i-..-" , i , , . ^ <' "........ ----....... ", --.. - -..:" '\. .....- " ---" ~.......-.. ---.~ v:.; ~~,~ /}tYX.r.'0.J ~ffi<~ /~~A:'~~%?,t~~'1:d.l. r::;;'<r;fW::i/~'b -. .1 ;//~. /~/y~. ~.l. .. "~;i ~//...,...~"''' /.. ! /'7/.p ;I./~ ~ :'~<':;{7/.:;; w-:l ~.:~. ..Z;~.~:/ /~':1 r/:Xi/.r~., ////// /..'%;1 '/'/'l/.. 0/.. .' "'~/.r;'1 ~/~ r ~/-//0J .-:. . ?'.-';":I~. .~., . rd. /u. '/:/d" /Y'-: . ' /"'./.' '.r. .. _' : '~/,:.%/ ,:0~, /.,?(~: '.~_' I ,. ;0'" ''L./'h'"=''''' . ._ i'~ _..-::'~'~:_:~::.;:: .'_ ' "'i ~:1PL:. _ ._ _U~-~'~..:.~.t _, . . --_..,,. Ii _ ..___~_ ;, 1'-.., _".,._.~.. d -... :, \ --<.~.".:-- t\ '--. - '.-=:. - . ~''- .....~--.~ ":- .. COURse CIl.RDY GOlF --- EXHIBIT A' T EXllTBIT AMEN~ATES. GILROY m - C~/IL 1: m - 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 --- 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 . ~ 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 ------------ " 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. - -----.-- ". 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. -- 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)