Resolution 2001-38
ICDS\519142.1
04-060804706002
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RESOLUTION NO. 2001-38
RESOLUTION NO. 2001-38
A RESOLUTION OF THE CITY COUNCIL OF GILROY
APPROVING M 01-03, THE UVAS CREEK PARK PRESERVE
NORTHSIDE TRAIL IMPROVEMENT PROJECT LOCATED
ON THE SOUTHEAST CORNER OF SANTA TERESA
BOULEVARD AND THIRD STREET, APN 808-01-014.
WHEREAS, the City of Gilroy ("Applicant") submitted an application to approve the
Conceptual Plan for the Uvas Staging Area and Trail Improvements at Santa Teresa Blvd. Bridge
and to amend the 1992 Uvas Creek Park Preserve Master Plan, and to create a 12 foot wide
bicycle/pedestrian pathway and staging area located on southeast comer of Santa Teresa
Boulevard and Third Street; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Negative
Declaration was adopted by the City Council on May 21,2001 in connection with application M
01-03; and
WHEREAS, the City Council held duly noticed public hearings on May 21, 2001and on
June 7, 2001, at which time the City Council considered the public testimony, and all other
documentation related to application M 01-03; and
WHEREAS, the City Council on May 21,2001 adopted the Conceptual Plan for the Uvas
Staging Area and Trail Improvements at Santa Teresa Boulevard Bridge (both north and south
sides) and amended the 1992 Uvas Creek Park Preserve Master Plan; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which these project approvals are based is the office of
the City Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT:
\CDS\519142.1
04.()60804706002
-2-
RESOLUTION NO. 2001-38
A. The City Council hereby also finds that there is no substantial evidence in the
record that this project will have a significant impact on the environment.
B. M 01-03 should be and hereby is approved subject to:
I. The modification that one tree directly in the path of the proposed trail
shall be relocated so that the trail can continue in a safe manner and without
damage to other trees in this area; and
2. The forty-nine (49) mitigation measures set forth in the Negative
Declaration, attached hereto as Exhibit A and incorporated herein by this
reference, and the Mitigation Monitoring Program which was adopted in
conjunction with the Negative Declaration.
PASSED AND ADOPTED this 18th day of June, 2001, by the following vote:
AYES:
COUNCILMEMBERS:
G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, SPRINGER
NONE
NOES:
COUCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
SUDOL, VELASCO
ATT~ r2
~J1~1U~0- . L~_ZJ'-'
Rhonda Pellin, City Clerk
APPROVED:
~},n~ Vv~ -
Thomas W. Springer, Mayor
EXHIBIT A
Community Development Department
Planning Division
NEGATIVE
DECLARATION
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
(408) 846-0440
City File Number: M 01-03
Proiect Descriotion:
Name of Project:
Nature of Project:
Uvas Creek Park Preserve Northside Traillmprovement Project
12' wide BicyclelPedestrian Pathway and Staging area.
Proiect Location:
Location: Southeast comer Santa Teresa Boulevard and Third Street
Assessor's Parcel Number: 808-01-014
Entity or Person(s) Undertakinl! Proiect:
Name:
Address:
City of Gilroy, Engineering Division
7351 Rosanna Street, Gilroy, CA 95020
Initial Study:
An Initial study of this project was undertaken and prepared for the purpose of
ascertaining whether this project might have a significant effect on the environment. A
copy of this study is on file at the City of Gilroy Planning Division, 7351 Rosanna Street,
Gilroy, CA 95020.
Uvas Crek Park Preserve
Negative Declaration
2
SnJOI
Findinl!s & Reasons:
The Initial Study identified potentially significant effects on the environment. However, this
project has been mitigated (see Mitigation Measures below which avoid or mitigate the
effects) to a point where no significant effects will occur. There is no substantial evidence the
project may have a significant effect on the environment. The following reasons will support
these findings:
I. The proposal is a logical compO/lent of the existing land use of this area.
2. Identified adverse impacts are proposed to be mitigated through preparation of special
studies and construction of off-site improvements.
3. The proposed project is consistent with the adopted goals and policies of the General Plan
of the City of Gilroy.
4. City staff independently reviewed the Initial Study, and this Negative Declaration reflects
the independent judgement of the City of Gilroy.
5. With the application of the following Mitigation Measures the proposed project will not
have any significant impacts on the environment.
Mitil!ation Measures:
I. Provide equipment and manpower for watering all exposed or disturbed earth surfaces at
least twice daily or more as needed to prevent dust emissions, or apply non-toxic soil
stabilizers sufficient to prevent emissions from leaving the site. Increased watering frequency
shall be required whenever wind speeds exceed 15 miles per hour.
2. Cover stockpiles of debris, soil, sand, or other materials that can be windblown. Trucks
transporting fill material shall be covered, as required by state law. Limit traffic speeds on
unpaved roads to 15 mph.
3. Damp sweep all paved access roads, parking areas, and staging areas at construction sites of
mud and dust daily, or more frequently, as needed to keep these areas free of dirt and debris.
Install sandbags or other erosion control measures to prevent silt runoff to public roadways.
4. After clearing is completed, exposed portions of the site shall be watered, landscaped, applied
with soil stabilizers, or covered as soon as possible.
5. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 mph.
6. Limit the area subject to excavation, grading, and other construction activity at anyone time.
7. The proposed pedestrian trail shall be set back from Uvas Creek to the maximum distance
feasible given the existing alignment and engineering constraints.
Uvas Crek Park Preserve
Negative Declaration -
8. Avoid, to the greatest extent possible, removal or substantial disturbance to riparian and
wetland habitat.
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9. Avoid, to the greatest extent possible, placing rip-rap, soil, or other fill materials within
riparian and wetland habitat.
10. Plant, in consultation with a qualified restoration specialist, tree species from the restoration
planting list at a ratio of 3: I for any removed. The installation of these trees must be within
the project boundaries.
II. Vegetation, which would effectively buffer the existing sensitive riparian habitat from
increased disturbance due to the installation of the trail, must be planted between the trail and
riparian areas, adjacent to the Santa Teresa Boulevard Bridge.
12. Construction activities shall occur during the dry season when Uvas Creek is at low flow
(April IS-October 15).
I3. Erosion control and bank stabilization measures shall be implemented to assure that disturbed
areas do not erode during or after construction.
14. Concrete, rip-rap, or other similar rubble shall be free from trash, silt, or reinforcement steel.
15. No construction debris or material shall be allowed to enter any wetland or water, either
directly or indirectly. Stockpiles shall be kept far enough from these resources to prevent
material from entering.
16. No fueling or maintenance of equipment shall take place in any wetlands or waters or
sensitive habitat. Mechanical equipment shall be serviced in designated staging areas located
outside of these areas. Water from equipment or washing or concrete wash down shall be
prevented from entering these areas.
17. All removed and excess material shall be disposed of off-site and away from the flood plain,
outside areas subject to Corps jurisdiction.
18. All temporary fill placed as a result of project construction shall be removed at project
completion and the area restored to pre-project contours.
19. Avoid, to the greatest extent possible, removal or substantiallimbing of native trees within
the project boundaries.
20. Avoid, to the greatest extent possible, removal or substantial disturbance of native vegetation
within the project boundaries.
21. Any trees or vegetation not planned for removal shall be provided appropriate protection
from impacts of construction activity. This includes fencing of herbaceous and shrubby
vegetation and trees.
22. Limit trimming of tree branches to the minimum amount necessary for the project, and no
more than 20% of any individual tree; trimming shall be conducted under the direction of a
qualified arborist.
Uvas Crek Park Preserve
Negative Declaration
23. Trenching and other excavation within the dripline of retained trees shall be conducted under
the supervision of a qualified arborist. The arborist shall instruct construction workers to
hand cut roots, irrigate cut areas, or implement other standard measures as deemed necessary
to ensure the health and vigor of the retained trees.
4
sn/Ol
24. Following construction, disturbed areas shall be re-vegetated using appropriate native species
and native erosion control grass seed, in consultation with a qualified restoration practitioner.
25. Plant vegetation along the creek side of the oak/walnut woodland to compensate for tree
removal associated with trail construction. This will provide no net loss of buffer between
the riparian corridor and the adjacent residential areas.
26. Plant trees included in the restoration planting list at a ratio of3: I for any removed. The
installation of these trees must be within the project boundaries.
27. Avoid, to the greatest extent possible, impacts to, or removal of, special-status plant species.
28. Consultation with the California Department ofFish and Game. Provide a replanting or
restoration program. The replanting or restoration must be within the local area at a site that
currently does not support a healthy self-sustaining population of the target species, or
permanent conservation of an area which currently contains the target species.
29. The planting or restoration shall be monitored for five years or until successful establishment
has occurred. A mitigation and monitoring plan, approved by the CDFG and the City of
Gilroy, must be provided which sets monitoring protocol and success criteria.
30. A construction "work window" of May I - November I is appropriate for this project to
minimize impacts on special status amphibians and fish species potentially present within
project boundaries.
31. Pre-construction surveys for special status amphibian species shall be conducted no more
than seven days before construction activities begin to identity and remove individuals
utilizing the small portion of riparian area within project boundaries, as a movement corridor.
A Memorandum of Understanding (MOV) with the CDFG and USFWS shall be obtained to
provide for a wildlife biologist authorized to remove California tiger salamanders and red-
legged frogs from the construction zone if encountered during pre-construction surveys.
32. Exclusionary fencing shall be installed once pre-construction surveys have been performed.
This fencing will minimize the potential for special-status amphibian wildlife species
movement into project boundaries until such time construction is complete.
33. Pre-construction surveys for nesting raptors shall be required (breeding season of
approximately March to September). If raptor nests are located during pre-construction
surveys, a qualified biologist shall establish a 300-foot buffer around each nest for the
duration of the breeding season (until such time as the young are fully fledged) to prevent
nest harassment and brood mortality. Every effort shall be made to avoid removal or impact
to known rapt or nests within project boundaries.
34. If trees known to support raptor nests cannot be avoided, removal of these trees may only
occur during the non-breeding season, and these trees must be replaced at a 3: I ratio.
Uvas Crek Park Preserve
Negative Deciaration
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35. A biological monitor shall be on site during initial construction activities (grading, tree and
vegetation removal) to monitor for any special-status Wildlife. Prior to construction, a
qualified biologist shall consult with the appropriate agencies to establish an agreed-upon
plan of action in the unlikely event that special-status species are found on site during
construction.
36. Should any archaeological or paleontological resources or human remains be uncovered
during project construction, all con~truction activities shall be halted within 50 feet of the
discovery. A qualified archaeologist shall be retained to inspect the discovery and provide
recommendations to avoid, minimize or mitigate adverse impacts to the resources, as
necessary, in accordance with CEQA If the find is detennined to be significant, a mitigation
program would be prepared and submitted to the Director of Planning, Building, and Code
Enforcement for consideration and approval.
37. All proposed structures shall be designed in accordance with the seismic requirements of
CBC/UBC for seismic Zone 4. Prior to the issuance ofa building pennit, a design-level
geotechnical foundation analysis shall be prepared as part of the design documentation, and
its recommendations shall be incorporated in the project design construction.
38. Due to the moderate to high expansive soil potential throughout the Gilroy Planning Area, a
soils report will be submitted and its recommendations shall be incorporated in the project
design and construction.
39. All construction activities will be based on a site plan that provides for necessary methods of
erosion and deposition control throughout the various stages of actual site development and
use.
40. The project shall install all appropriate drainage facilities using Best Management Practices,
such as temporary erosion control measures, infiltration of runoff onsite, and the use of filters
and/or oil and water separators.
4 I. The project shall install wet weather and potential flooding risk signage and gates in all
appropriate areas in order to increase human safety along the creek channel.
42. The design of all stonn drainage improvements serving the project site shall be provided by
the City, subject to the review and approval by the City Department of Public Works, and
shall inciude measures for controlling the flow of urban pollutants into the creek channel.
43. NotifY residents adjacent to the project site of construction schedules and designate a contact
person.
44. Choose construction equipment which is of quiet design, has a high-quality muffler system,
and is well maintained. This inciudes trucks used to haul materials.
45. Install engine enciosure panels when required on stationary gas, diesel, or pump equipment.
46. Eliminate unnecessary idling of machines when not in use.
Uvas Crek Park Preserve
Negative Declaration
6
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47. Use good maintenance and lubrication procedures to reduce operating noise
48. Construction activities shall be restricted to weekdays (and non-holidays) between the hours
of7 AM to 7 PM.
49. Equip all internal combustion engine-driven equipment with proper mufllers in good
condition.
Date Prepared: May 7, 2001
End of Review Period: May 4, 2001
Date Adopted by City Council:
idM~
William Faus
Planning Division Manager
Uvas Creek Park Preserve Northside Trail Improvement Project
Mitigation Monitoring Program
Mitigation Measure Al!:ency Responsible Completed
I. Provide equipment and manpower Engineering Division
for watering all exposed or disturbed
earth surfaces at least twice daily or
more as needed to prevent dust
emissions, or apply non-toxic soil
stabilizers sufficient to prevent
emissions from leaving the site.
Increased watering frequency shall be
required whenever wind speeds
exceed 15 miles per hour.
2. Cover stockpiles of debris, soil, Engineering Division
sand, or other materials that can be
windblown. Trucks transporting fill
material shall be covered, as required
by state law. Limit traffic speeds on
unpaved roads to 15 mph.
3. Damp sweep all paved access Engineering Division
roads, parking areas, and staging
areas at construction sites of mud and
dust daily, or more frequently, as
needed to keep these areas free of dirt
and debris. Install sandbags or other
erosion control measures to prevent
silt runoff to public roadways.
4. After clearing is completed, Planning Division
exposed portions of the site shall be
watered, landscaped, applied with soil
stabilizers, or covered as soon as
possible.
5. Suspend excavation and grading Engineering Division
activity when winds (instantaneous
gusts) exceed 25 mph.
6. Limit the area subject to Engineering Division
excavation, grading, and other .
construction activity at anv one time.
7. The proposed pedestrian trail Engineering Division
shall be set back from Uvas
Creek to the maximum
distance feasible given the
existing alignment and
engineerirw; constraints.
8. A void, to the greatest extent Engineering Division
possible, removal or substantial
disturbance to riparian and wetland -
habitat.
9. Avoid, to the greatest extent Engineering Division
possible, placing rip-rap, soil, or other
fill materials within riparian and
wetland habitat.
10. Plant, in consultation with a I- Planning Division
qualified restoration specialist, tree
species from the restoration planting
list at a ratio of 3: I for any removed.
The installation of these trees must be
within the project boundaries.
11. Vegetation, which would Planning Division
effectively buffer the existing sensitive
riparian habitat from increased
disturbance due to the installation of
the trail, must be planted between the
trail and riparian areas, adjacent to the
Santa Teresa Boulevard Bridge.
12. Construction activities shall occur Engineering Division
during the dry season when Dvas
Creek is at low flow (April 15-
October 15).
13. Erosion control and bank Engineering Division
stabilization measures shall be
implemented to assure that disturbed
areas do not erode during or after
construction.
14. Concrete, rip-rap, or other similar Engineering Division
rubble shall be free from trash, silt, or
reinforcement steel
15. No construction debris or Engineering Division
material shall be allowed to enter any
wetland or water, either directly or
indirectly. Stockpiles shall be kept fur
enough from these resources to
orevent material from entering.
16. No fueling or maintenance of Engineering Division
equipment shall take place in any -
wetlands or waters or sensitive
habitat. Mechanical equipment shall
be serviced in designated staging areas
located outside of these areas. Water
from equipment or washing or
concrete wash down shall be
Drevented from entering these areas. I-
17. All removed and excess material Engineering Division
shall be disposed of off-site and away
from the flood plain, outside areas . .
subiect to Coms iurisdiction.
18. All temporary fill placed as a Engineering Division
result of project construction shall be
removed at project completion and
the area restored to pre-project
contours.
19. Avoid, to the greatest extent Planning Division
possible, removal or substantial
limbing of native trees within the
I nroiect boundaries.
20. Avoid, to the greatest extent Planning Division
possible, removal or substantial
disturbance of native vegetation
within the nroiect boundaries.
21. Any trees or vegetation not Planning Division
planned for removal shall be provided
appropriate protection from impacts
of construction activity. This includes
fencing of herbaceous and shrubby
vegetation and trees.
22. Limit trimming of tree branches Planning Division
to the minimum amount necessary for
the project, and no more than 20% of
any individual tree; trimming shall be
conducted under the direction of a .
aualified arborist.
23. Trenching and other excavation Engineering Division
within the dripline of retained trees -
shall be conducted under the
supervision of a qualified arborist.
The arborist shall instruct
construction workers to hand cut
roots, irrigate cut areas, or implement
other standard measures as deemed
necessary to ensure the health and f-
vigor ofthe retained trees.
24. Following construction, disturbed Engineering Division
areas shall be re- vegetated using
appropriate native species and native
erosion control grass seed, in
consultation with a qualified
restoration practitioner.
25. Plant vegetation along the creek Planning Division
side of the oak/walnut woodland to
compensate for tree removal
associated with trail construction.
This will provide no net loss of buffer
between the riparian corridor and the
adjacent residential areas.
26. Plant trees included in the Planning Division
restoration planting list at a ratio of
3: I for any removed. The installation
of these trees must be within the
proiect boundaries.
27. Avoid, to the greatest extent Planning Division
possible, impacts to, or removal of,
special-status plant sPecies.
i 28. Consultation with the California Planning Division
. Department ofFish and Game.
Provide a replanting or restoration
program. The replanting or
restoration must be within the local
area at a site that currently does not
support a healthy self-sustaining
population of the target species, or
permanent conservation of an area
which currently contains the target
species.
29. The planting or restoration shall Planning Division
be monitored for five years or until -
successful establishment has occurred.
A mitigation and monitoring plan,
approved by the CDFG and the City
ofGiJroy, must be provided which
sets monitoring protocol and success
criteria.
30. A construction "work window" Engineering Division
of May I - November I is appropriate
for this project to minimize impacts
on special status amphibians and fish
species potentially present within
proiect boundaries.
31. Pre-construction surveys for Planning Division
special status amphibian species shall
be conducted no more than seven
days before construction activities
begin to identifY and remove
individuals utilizing the small portion
of riparian area within project
boundaries, as a movement corridor.
A Memorandum of Understanding
(MOU) with the CDFG and USFWS
shall be obtained to provide for a
wildlife biologist authorized to
remove California tiger salamanders
and red-legged frogs from the
construction zone if encountered
during pre-construction surveys.
32. Exclusionary fencing shall be Planning Division
installed once pre-construction
surveys have been performed. This
fencing will minimize the potential for
special-status amphibian wildlifu
species movement into project
boundaries until such time .
construction is complete.
33. Pre-construction surveys for Planning Division
nesting raptors shall be required -
(breeding season of approximately
March to September). If raptor nests
are located during pre-construction
surveys, a qualified biologisI shall
establish a 300-foot buffer around
each nest for the duration of the
breeding season (until such time as the -
young are fully fledged) to prevent
nest harassment and brood mortality.
Every effort shall be made to avoid
removal or impact to known raptor
nests within proiect boundaries.
34. Iftrees known to support raptor Planning Division
nests cannot be avoided, removal of
these trees may only occur during the
non-breeding season, and these trees
must be replaced at a 3: 1 ratio.
35. A biological monitor shall be on Planning Division
site during initial construction
activities (grading, tree and vegetation
removal) to monitor for any special-
status wildlife. Prior to construction,
a qualified biologisI shall consult with
the appropriate agencies to establish
an agreed-upon plan of action in the
unlik:ely event that special-status
species are found on site during
construction.
36. Should any archaeological or Planning Division
paleontological resources or human BLES Division
-
remains be uncovered during project
construction, all construction
activities shall be halted within 50 feet
of the discovery. A qualified
archaeologist shall be retained to
inspect the discovery and provide
recommendations to avoid, minimize -
or mitigate adverse impacts to the
resources, as necessary, in accordance
with CEQA. If the find is determined
to be significant, a mitigation program
would be prepared and submitted to
the Director of Planning, Building,
and Code Enforcement for
consideration and approvaL
37, All proposed structures shall be BLES Division
designed in accordance with the
seismic requirements of CBCIUBC
for seismic Zone 4. Prior to the
issuance of a building permit, a
design-level geotechnical foundation
analysis shall be prepared as part of
the design documentation, and its
recommendations shall be
incorporated in the project design
construction.
38. Due to the moderate to high BLES Division
expansive soil potential throughout
the Gilroy Planning Area, a soils
report will be submitted and its
recommendations shall be
incorporated in the project design and
construction.
39. All construction activities will be Engineering Division
based on a site plan that provides for
necessary methods of erosion and
deposition control throughout the
various stages of actual site
development and use.
40. The project shall install all Engineering Division
appropriate drainage facilities using -
Best Management Practices, such as
temporary erosion control measures,
infiltration of runoff onsite, and the
use offilters and/or oil and water
separators.
4 L The project shall install wet Planning Division
weather and potential flooding risk
signage and gates in all appropriate
areas in order to increase human
safety alOUl! the creek channel.
42. The design of all storm drainage Engineering Division
improvements serving the project site
shall be provided by the City, subject
to Ihe review and approval by the City
Engineering Division, and shall
include measures for controlling the
flow of urban pollutants into the creek
channel.
43. NotifY residents adjacent to the Engineering Division
project site of construction schedules
and designate a contact person.
44. Choose construction equipment Engineering Division
which is 0 f quiet design, has a high-
quality muffler system, and is well
maintained. This includes trucks used
to haul materials.
45. Install engine enclosure panels Engineering Division
when required on stationary gas,
diesel, or pump eQuipment_
46. Eliminate unnecessary idling of Engineering Division
machines when not in use.
47. Use good maintenance and Engineering Division
lubrication procedures to reduce
ooeratinl! noise
48. Construction activities shall be Planning Division
restricted to weekdays (and non-
holidays) between the hours of7 AM
to 7 PM.
49. Equip all internal combustion Engineering Division
engine-driven equipment with proper
mufflers in good condition,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
I, RHONDAPELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached
Resolution No. 2001-38 is an original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 18th day of June, 200 I, at which meeting a
quorum was present.
the City of Gilroy this 25th day of June, 200 I.
~~,
City Clerk of the City of Gilroy
(Seal)