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Resolution 2001-38 ICDS\519142.1 04-060804706002 -1- 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. 3 smol 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 s sma) 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 smOl 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)