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Resolution 2002-62 RESOLUTION NO. 2002-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 02-02, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 35-ACRE SITE INTO 39 RESIDENTIAL HILLSIDE LOTS LOCATED ON CARRIAGE HILLS DRIVE BETWEEN WILD IRIS AND V ALLEY OAKS DRIVES, APN 783-52-007. WHEREAS, Mantelli Family Trust, the applicant, submitted TM 02-02, requesting a Tentative Map to subdivide an approximately 35-acre site into 39 residential hillside lots; and WHEREAS, the property affected by TM 02-02 is located at the terminus of Carriage Hills Drive between Wild Iris and Valley Oaks Drives, APN 783-52-007; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City Council adopted a Negative Declatation on January 17, 1995, in connection with earlier phases of this project, said Negative Declaration also incorporating this proposed phase. Subsequent biological studies have been conducted and confirm that no additional significant effects will occur that were not identified and mitigated in the Negative Declaration; and WHEREAS, the Planning Commission reviewed application TM 02-02 at a duly noticed public hearing on July 11, 2002, and thereafter recommended that the City Council approve said application; and WHEREAS, the City Council held duly noticed public hearings on July 15, 2002 and August 5, 2002, at which time the City Council considered the public testimony, the Staff Report dated June 28, 2002, ("Staff Report") and all other documentation related to application TM 02- 02; and \LAC\5592802 01.073002.Q4708002 -1- Resolution No. 2002-62 WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this project approval is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council finds as follows: 1. The project is consistent with the land use designa1ion and relevant policies of the General Plan. 2. The project is consistent with the Zoning Ordinance, the City's Subdivision and Land Development Code, and the State Subdivision Map Act. 3. There are no facts to support findings requiring denial of the proposed tentative map pursuant to California Government Code section 66474. 4. There is no substantial evidence in the record that this project as mitigated will have a significant effect on the environment. B. Tentative Map TM 02-02 should be and hereby is approved, subject to: 1. The four (4) conditions described in the Staff Report, which are attached hereto as Exhibit A and incorporated herein by this reference. 2. The forty-six (46) mitigation measures set forth III the Negative DecIaration, attached hereto as Exhibit B and incorporated herein by this reference. IlAC\5592BO.2 01-073002.04706002 -2- Resolution No. 2002-62 PASSED AND ADOPTED this 3rd day of September, 2002 by the following vote: NOES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO, and SPRINGER NONE AYES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE APPROVED: ~~~'~lf Thomas W. Springer, y --- ~ ' / "~(;}-VA~ Rhonda Pellin, City Clerk 'l.AC\559280.2 01.073002.04706002 -3- Resolution No. 2002-62 Community Development Department Planning Division (408) 846-0440 Tentative Map June 28, 2002 FILE NUMBERS: TM 02-02 APPLICANT: Mantelli Family Trust c/o John Mahoney (831- 646-1919) LOCATION: The terminus of Carriage Hills Drive between Wild Iris and Valley Oaks Drives STAFF PLANNER: Cydney Casper (ccasoer@ci. gilroy,ca.us) REOUESTED ACTIONS: The applicant is requesting tentative map approval to subdivide 35 acres into 39 residential hillside Jots. DESCRIPTION OF PROPERTY: Parcel No.: Net Area: Flood Zone: 783- 52-007 35.06 acres "X" Panel # 060340 0002D Date: 8-17-98 STATUS OFPROPEH.TY: Existing Land Use Undeveloped Hillside General Plan Designation Hillside Residential Zoning RH STATUS OF SURIWUNDlNG PROPERTY: Existllg,.Land Use N: Single Family Residences S: Hillside Residences E: Future Tovmhomes W: Fmure Hillside Residences General Plan Designation Low Density Residcntial Hillside Residential Low Density Residential Hillside Residential ZoniJ)g Rl-PUD RIl Rl-PUD RH EXHIBIT A TM 02-02 June 28, 2002 CONFORMANCE OF REQUEST WITH GENERAL PLAN: The proposed project conforms to the Hillside Residential land use designation for the property on the General Plan Land map and is consistent with the intent of the text of the General Plan document. ENVIRONMENTAL IMPACTS: An expanded Initial Study was prepared for the original Phases of the Carriage Hills subdivision, which includes this phase (Phase III) for the hillside development. A Negative Declaration was prepared and adopted by the City Council on January 17, 1995. This hillside project was reviewed in conjunction with the previously prepared Initial Study and was found to be consistent. Subsequent biological studies were completed to determine any additional significant impacts on the environment. No additional effects on the environment were determined beyond that identified and mitigated in the adopted Negative Declaration. RELATED APPLICATIONS: Z 94-03 Request to rezone the Carriage Hills site from Rl (Single Family Residential), RH (Hillside Residential), and PF (ParklPublic Facility) to RI-PUD (Single Family Residential - Planned Unit Development) and RH (Residential Hillside). This zone change was approved by the City Council on January 17,1995. RDO BACKGROUND: A total of 176 allocations have been awarded for Carriage Hills Phases 1, II and III. To date, 137 units have been developed in Phases I and II. The 39 RDO allocations for the Phase III hillside units are comprised of 15 allocations awarded in 1992 (RD 92-16) and 24 allocations awarded in 1999 (RD 99-12) to complete the hillside phase. ANALYSIS: The applicant. Mantelli Family Trust, is proposing 10 subdivide approximately 35 acres of land to develop 39 single-family, custom, hillside lots. This project is phase III of the overall Carriage Hills development, which has one additional future phase consisting of townhouse units to be located on the parcel to the east. The proposed hillside lots range in size ii-om 20,400 square feet to 50,100 square feet with a l7.26 acre private oJ,cn space parceL The 39 units within 35 acres constitutes a density of approximately 0.90 units per acre, which is consistent with the General Plan's density range of 0.50 to 4 units per acre in the Residential Hillside Jand me designation. Pi1ge :2 TM 02-02 June 28, 2002 Circulation Access will be provided from Mantelli Drive via Wild Iris Drive. A series of private streets terminating in hammer-head turnarounds and scattered with clustered parking spaces provides circulation throughout the project site. A split street around a large specimen oak tree preserves the tree and provides an added entryway feature to the project. An emergency vehicle access from "Private Stree1 E" to Carriage Hills Drive will provide secondary access for the project. Environment There are a number of environmental features on the project site associated with the hillside environment: .:. Manv larRe specimen oak trees and oak canopies. Of these trees, approximately 12 are proposed for removal, II could be impacted due to construction and grading and 6 will be effected by canopy alterations to accommodate the streets. According to a report, Oak Woodland Impacts and Mitigation Plan, prepared by H.T. Harvey & Associates for the project, approximately 360 trees will be planted in areas on the west and north sides of the site to mitigate the impacts on the trees. .:. Hillside slopes exceeding 30 percent. The area with slopes exceeding 30 percent are primarily located on the east and north sides of the property. To preserve the slopes, these areas have been incorporated into a separate parcel set-aside as private open space. .:. Small sprinR-fed pond. There is a small spring-fed pond located in the northeast corner of the property. A 100-foot buffer area around that pond has been established in the design of the project and is incorporated into the private open space parcel. Additionally, the developer will be required to improve and re-vegetate the pond area consistent with the Carriage Hills Freshwater Marsh Pond Mitigation Plan, prepared by H.T. Harvey & Associates to provide cover, nesting areas and additional habitat. .:. Special status plant specj.~. An existing stock pond in the northwest comer of the property provides habitat for a special status plant species, Mt. Diablo cottonweed (Micropus amphibolus), which was found to be abundant within a 150-foot radius of the pond. The stock pond has been incorporated into the private open space parcel and lots 25 and 27 will be restricted from any development that will disturb the natural state on the rear of these lots within "Area A". The private open space parcel is approximately 17.26 acres in size (49 percent of the overall site) and will function to preserve these features, provide an additional 1.6 acres of tree canopy coverage as mitigation, and additional habitat areas at each of the ponds. The parcel will be maintained by a homeowner's association established by the developer prior 10 the sale of any of the lots. Page 3 TM 02-02 June 28, 2002 Staff Recommendation Staff recommends approval of Tentative Map request TM 02-02 with 4 conditions for the followinl! reasons: A. The proposed project is consistent with the approval granted to the developer by 1he City Council under the Residential Development Ordinance; B. The proposed tentative map is consistent with land use designation of the City's General Plan map and the intent of the goals and policies ofthe General Plan document; C. The proposed development is consistent with the Zoning Ordinance and the City's Subdivision and Land Development Code.; and D. There will be no significant environmental impacts as a result of this project due to the required mitigation measures applied. CONDITIONS 1. Mitigation Measures #1 through #45, contained within the Negative Declaration prepared under Z 94-03, dated 10/21/94, shall be applied to the approval of the project in order to reduce and/or eliminate al potential significant impacts to a level of insignificance, as required under the California Environmental Quality Act (CEQA). 2. The applicant shall meet the following conditions subject to the review and approval of the Planning Division (Cydney Casper, 408-846-0440): a. A Homeowner's Association (HOA) shall be established for the maintenance and preservation of the private open space areas and streets. The developer, or successor in interest, shall submit a copy of the Covenants, Conditions and Restrictions (CC&R 's) for review by the Planning Division and City Attorney prior to recordation of any Final Map. b. The final planting area for the revegetation program shall be established within the mitigation areas designated in the Ook Woodlond Impacts and Mitigation Plan prepored by HT. Harvey & Associates dated June 17, 2002 and submittedfor review prior to approval of any grading plans. Revegetation and subsequent monitoring shall be consistent with the planting methods outlined in this same document. Monitoring reports shall be submitted to the Planning Division{or review. c A qualified professional archeological mordlor shall be present during all consTruction and earth-moving activilies on lots 17. 18, 19, and 20. In the evenl archeological resources or human remains are discovered, all work shall be halted to within 150 fee/ of The find until it con be evaluated by a qualified professional arche%Rist Page 4 TM 02-02 June 28, 2002 d. All grading and improvement plans shall include a note as follows: "If archeological resources or human remains are discovered during construction, work shall be halted within 50 meters (150 feet) of the find until it can be evaluated by a qualified professional archeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. " e. The developer, or successor in interest shall coordinate with the Us. Postal Service to locate the clustered mail boxes adjacent to the clustered parking spaces for safe access. f All buildings, including accessory structures, shall be developed within the building envelopes as shown on the tentative map. g. Lots 25 and 27 shall be restricted from making any modifications in the way of landscaping, walkways, paths or placement of any structures so as to disturb the natural state within the area designated as "Area A" for Diablo Cottonweed Mitigation. h. All retaining walls shall be constructed of textured masonry material (keystone typical). I. An arborist revort will be reQuired alonfl with an Architecture and Site Review avvlication for each individual lot vrior to the issuance of anv vermits for flradiltfl or construction and before anv trees are trimmed and/or cut. 3. The applicant shall meet the following conditions subject to the review and approval of the Engineering Division (Kristi Abrams or Don Nunes, 408-846-0450).' a. The site distance for parking at Lots 13, 22 and 30 does not appear to be adequate. Parking dimensions and configurations must meet City standards. b. Remove all notes regarding concrete swales for final map. Location and design of swales to be determined with grading plan submittal. c. Clearly delineaTe all building envelopesfor each parcel onfinal map. d. Clearly show all easements on improvement and grading plans and final map. Sheet 5 of the submilled plans do not clearly show all easemems, e, The private storm drain easement (PSDE) to storm drain easemem-private (SDEP) and priVaTe sonitary sewer easement (PSSE) TO sanitary sewer easement-private (SSEP) TO minimize confusion. , The final map shall c\]Jecify the ownership and mail11enance of privaTe streeTS and open space shall be through an established homeowner's association. Page 5 TM 02-02 June 28, 2002 g. Improvement plans, designed to City standards, shall be submitted with the final map. h. Fees, bonds and an improvement agreement is required prior to recording the final map. 1. Submit an estimated cost of public owned facilities, both on-site and off-site, to the Engineering Division. J. All overhead utility facilities within newly constructed public streets shall be placed underground. No utility undergrounding fee shall be required for any frontage of a development project which is adjacent to a street which will be improved, including utility undergrounding as a condition of such project. k. New and existing utility lines, appurtenances and associated equipment, including, but not limited to, electrical transmission, street lighting, and cable television shall be required to be placed underground as required in Section 21.111 of the City of Gilroy Municipal Code. I. The following shall be added as general notes to the final map submittal: . Certification of an erosion control plan is needed prior to October 15th of each year prior to any grading. . Certification of grades and compaction is required prior to paving. . Certification of improvements on the site plans is required prior to buildingfinal. . If the project has excess fill that will be off-hauled to a site within the city limits of Gilroy, an additional grading permit is required. 4, The applicant shall meet the following conditions subject to the review and approval of the Building, Life and Environmental Safety Division (Rodger Maggio, 408-846-0430) a. The EVA shall be constructed to the same standard as the roadways for this project. The width may be 20' as shown. b, Gates impede emergency access. Are gales beingproposedfor any part of this project? Gales shall be automatic opening by Opticom or Knox-key c. The road grodes /n areas of this pruject exceed the maximum allowable grade of] 5% 0'. Some TUrn-(~TUWlds do nol meet minimum standards. [ AU roads shall be conspicuously posted "]olO PARKLVG-FIRE LANE" Page 6 TM 02-02 AHachmf'nl~: June 28, 2002 f This development is immediately adjacent to natural open space areas. Fuel transition! modification zones are shown. Provide detail for fuel transition zones including maintenance provisions. g. A safer design would have an exterior loop road with the homes on the inside of the loop. The road then acts as afuel break, and backyards won't back-up to the wild land interface. h. All construction and landscaping to be per Residential Hillside Guidelines. i. Fire sprinklers conforming to NFP A 13D are required in all structures in this development. j. Show locations of proposedfire hydrants. k All roadways shall meet or exceed fire dept. standards for width, turn-arounds and maximum grades. Access shall not be impeded by parking, diverters, speed-bumps, or gates unless approved by the Fire Department. l. Provide detail on mitigation of wildland interface threat. Exterior loop road design preferred. m: Fire sprinklers for all structures are required along with the requirements set forth in the Residential Hillside Guidelines. n. Fire hydrant spacing shall be per City of Gilroy standards. Respectfully, William Faus Planning Division Manager bf aus@ci. gilrov. ca,us I. Tentative Map Plans 2. Negative DecJarolion adopted by City Council 1/l7/95 Page 7 IZ ",'\Uu-.\ "";'U e Lf\oi,::\\';:'Co- Planning Department NEGATIVE DECLARATION City of Gilroy 7351 Rosanna St:. Gilroy, CA 95020 (408) 848-0440 CITY FILE NUMBERS: Z 94-3. TN 94-2. TN 94-3. PUD A/S 94-14 PROJECT DESCRIPTION: Name of project: New cities Development Group, "carriage- Hills". Nature of Project: ~roposed request to rezone a portion of the site from Rl (single Family Residential), RH (Residential Hillside), and PF (park/public Facility) to RI-PUD (single Family Residential, Planned Unit Development) and RH (Residential Hillside); two Tentative Map requests to subdivide the property into 140 single family lots with a remaining lot; and a planned unit Development request for design review covering the 140 single family homes and future park site. PROJECT LOCATION: Location: West of Rancho Hills Drive, and north of Mantelli Drive. Assessor's Parcel Numbers: 783-52-003, 004, and 005 Entitv or Person(B) undertakinq pro;ect: Name: New cities Development Group Address: 9781 Blue Larkspur Lane, Monterey, CA 93940 EXPANDED INITIAL STUDY: An Expanded Initial study for this project was undertaken and prepared for the purpose of ascertaining whether the project might have a significant effect on the environment. A copy of this study is on file at the city of Gilroy plann~~g Department, 7351 Rosanna street, Gilroy, California a FINDINGS & REASONS: The Initial study identified potentially significant effects on the enviro~~ent. However, the applicant has agr~ed to specific revisions in the project and/or the project has been revised. See the following list of Mitigation Measures, which avoid or mitigate potential effects to a point where no significant effects will occur. There is no substantial evidence that the project, as revised, may have a significant effect on the environment. The following reasons will support these findings: A. The proposed Bezoning, Tentative Maps, and planned Unit Development applications are consistent with the City's General plan land u~e ~api B. The proposed project is substantially consistent with the adopted qcals and policies of the City's General plan document; c. The granting of this request will not adversely affect or impact ~eighboring Farcels of land or adjacent developed residential proFerties; and D. All potential significant effects can be miticated to reduce thEm to an ir:significant level of irrl~act. EXHIBIT B NEGATIVE DECLARATION Z 94-3, TN 94-2, TN 94-3, PUD, A/S 94-14 . 10/21/94 Mitiqation Measures: 1. The project shall be designed in accordance with earthquake design regulations of the Uniform Building Code, subject to review and approval by the city Building Department. 2. Geology and soils reports shall be prepared for each phase of the proposed project. The reports and final mitigations shall consider the recommendations as presented in the 1979 geologic feasibility investigation prepared by Geoconsultants, Inc. The recommendations include, but may not be limited to: A. soil and foundation engineering investigation shall be performed in Zones A and B to include the following: . Determine appropriate foundation support and structural design, for residences in Zones A and B in the event of a nearby earthquake; . perform a detailed examination of the existing slope stability and conformity of the proposed construction to the hillside conditions; . Evaluate the risks and costs associated with development on the hillsides; B. If hillside development is to be situated in areas identified as Zone B, an additional detailed geological investigation on selected building sites shall be conducted. (At this time, however, the proposed site plan does not identify any residences to be built in Zone B); and c. Development shall not be located in Zone C. (At this time, the proposed site plan appears to have been designed to avoid development in Zone C). 3. structures shall not be constructed within 50 feet of any trace fault lines (Hillside Development Guidelines lB). Lots located within 50 feet of the fault trace line include 37 and 38 in phase I, and 61, 62, 64, 92, 93, 94, and 95 in phase 2. The project proponent shall submit a plan, as part of the PUD for phases 1 and 2, identifying building envelopes on all lots, taking into consideration required setbacks. The plan is subject to review and ~pproval by the city ~lanning Department and city Engineer prior to approval of the tentative map. 4. The project proponent shall prepare a detailed grading and erosion control plan which shall include, but not be limited to the following: A. In order to preserve the natural environment, any alterations to existing contours and slopes shall be kept to a minimum. All grading in this district shall be verified by the city Engineer as being the least .amount necessary to provide services to the proposed structures (Hillside Development Guidelines IIA1); B. Grading, cut and fill, and retaining walls shall be minimized for hillside development by using innovative building techniques which reflect the natural topography of the site. when cut and fill is unavoidable, it shall be stabilized by rounding and landscaping. Retaining walls may be permitted in order to reduce cut and fill (Hillside Development Guidelines IIA2); c. upon completion of grading, and prior to the start of construction, bare soil shall be protected as set forth in the city of Gilroy Erosion control ordinance (Hillside Development Guidelines !IA3); NEGATIVE DECLARATION Z 94-3, TM 94-2, TM 94-3, PUD, A/S 94-14 J 10/21/94 D. Grading shall not be permitted during the winter season as set forth in the city of Gilroy Erosion control Ordinance, unless specific erosion control measures are reviewed and approved by the City Engineer (Hillside Development control IIA4); E. All utility mains shall be located outside of the fault zone; F. All grading requirements as discussed in section 5.3 vegetation and wildlife Concerns. They are as follows: o Grading, filling, development, and/or other ground disturbance shall not occur outside of the footprint of Phases I and 2 until the california Tiger salamander survey results have been compiled and mitigation measures, if required, have been agreed upon by the CDFG. Special conditions for activity within the footprint of phase 2 (Lots 3-8) are indicated in Mitigation Measure 10. o create a 100-foot buffer measured outward from the periphery of the spring-fed pond and center line of the drainage above the pond. prior to development, this buffer zone should be delineated in the field. No development, staging of equipment or construction materials, placement of spoils, discharge of construction-related wastes, or vegetation removal shall be allowed in the buffer zone. The buffer zone is intended to function as a filter strip for reducing sediments and pollutant loading of the pond. o The city of Gilroy Public works Department shall monitor the project during grading and construction to ensure that the buffer zone has been delineated, approved erosion control measures are implemented, permanent erosion protection are established, and that best management practices regarding the storage and disposal of construction materials and the fueling and maintenance of vehicles and equipment are utilized. . Grading shall not be permitted to damage the root system of existing native oak trees. The detailed grading and erosion control plan shall be incorporated into the final improvement plans for each tentative map application, subject to review and approval by the Public Works Department prior to approval and recordation_o~ final subdivision ~aps. 5. When a tentative map is prepared for the townhouse portion of the project site, the townhouse building located in slopes greater than 30 percent shall be relocated to an area with less than 30 percent slopes. The tentative map shall be subject to review and approval by the Gilroy Planning Department, prior to approval of the tentative map for the townhouse portion of the project site. 6. The design and construction of all storm drainage improvements serving the project site shall be provided by the developer, subject to review and approval by the City Department of public Works. These design plans shall include, but not be limited to: A. Applicable storID water source and treatrnent-tased best management practices, applied and maintained, as recoIDrrlended in the California storm Water Best Management Practice Eandbook. The plan should consider drainage to existing water features, such as the two ponds and the creek north of the project site boun~ary, as well as the drainage to the city'S storm drain system: B. ?rovisions for periodic ~~eeping for roadways, driveways, and ~arking arE~S on the project site; NEGATIVE DECLARATION Z 94-3, TH 94-2, TH 94-3, PUD: A/S 94-14 . 10/21/94 c. A design to reflect the City's storm Water Master plan; D. Existing drainage patterns shall be preserved to the greatest extent possible. Man-made alterations of the natural drainage system shall be minimized. All geotechnical reports shall identify possible springs as a source of under-floor water and the need for foundation drains (Hillside Development Guidelines ID) and drains to protect the street structure; E. Native shrubs and trees shall be retained on hillside terrain wherever possible to help maintain natural drainage swales, reduce erosion, and preserve the character of the hillside environment. Native yegetation and trees shall be protected from damage during construction (Hillside Development Guidelines IIG2); F. Paved areas shall be designed to minimize drainage that is channeled to one location. pathway paving shall be kept to a minimum and shall be porous in nature, wherever feasible; and G. Drainage facilities shall be designed and installed to collect and transport the natural flows in the hillside away from the streets and buildings and into approved drainage structures. 7. Developers shall pay the appropriate storm drain development fees, subject to review by the city Department of public Works prior to issuance of a building permit. 8. The project proponent shall obtain a National pollution Discharge Elimination Systems Program (NPDES) General Construction Permit, required under the Federal clean Water Act, from the Regional water Quality control Board prior to issuance of a building permit. The NPDES construction permit required implementing both construction and post-construction phase storm water pollution best management practices. Additionally, the proposed project shall implement provisi~ns of the NPDES construction permit, which require preparing and complying with a storm Water Pollution Prevention Plan. 9A. RARE PLANTS _JFuture Phases): Future phases of the proposed project shall be designed to avoid development within Area B. Prior to development, this area should be delineated in the field. No development, staging of equipment or construction materials, placement of spoils, vegetation removal, or recreational uses shall be allowed in this area. This site should be contiguous with undeveloped habitat to avoid creating small "island" preserves. Although the preliminary site plan depicts that the project appears to avoid Areas A, C, 0 and F, this measure applies to these arEas as well. Future phases shall be designed, subject to review and approval by the City of Gilroy Planning Department prior to approval of the ten~ative maps for these pha~Es. If Mitigation Measure 9A is not feasible, then implement Mitigation Measure 9B. NEGATIVE DECLARATION Z 94-3, TH 94-2, TH 94-3, PUD: A/S 94-l4 ~ 10/21/94 9B. RARE PLANTS (Future Phases): conduct rare plant surveys during the appropriate times of the year in order to determine the absence or presence of early (February-April) and late (June-october) flowering special status plan species that were not observed during this study in Areas A, B, C, 0 and F~ Develop appropriate measures to mitigate significant impacts and a monitoring program as needed. If rare plants are not found with additional surveys, then mitigation measures would not be required. However, it is recommended that development in Areas A, B, C, 0 and F be avoided to the greatest extent possible, because these areas significantly contribute to plant species diversity on the site. Rare plant surveys shall be conducted, subject to review and approval by the city of Gilroy Planning Department prior to approval of the tentative maps for future phases. IDA. CALIFORNIA TIGER SALAMANDER (phases 1 and 2): conduct a winter survey, and a spring survey if necessary, to determine presence or absence of Tiger salamanders on the project site and their migration routes between the pond and upland habitat. surveys shall be conducted following CDFG protocol, under the supervision of CDFG. These portions of the project site encompassing Phases 1 and 2 are considered less than suitable habitat for the Tiger salamander, with the exception of Lots 3-8 in phase 2. Therefore, grading, filling, development and/or other ground disturping activities may occur in Phases 1 and 2 with the exception of Lots 3-8 in phase 2. The surveys shall be conducted prior to final map approval for Lots 3-8 in phase 2. If the Tiger Salamander is determined not to occur in the vicinity of Lots 3-8 in Phase 2, no further mitigation measures will be required and the lead agency may, at their discretion, approve the final map for Lots 3-8 in Phase 2. If the Tiger salamander is determined to occur in the vicinity of Lots 3-8 in phase 2, appropriate mitigations will be developed in conjunction with CDFG, depending on the specific results of the surveys, and may include modification and/or omission of Lots 3-8 in phase 2. Appropriate mitigations may include, but not be limited to, the following: . oedicatiqn of a conservation easement (area to be determined after survey results are prepared); and . Preparation of a habitat management progr~ to manage Tiger salamander habitat in the long-term. surveys shall be conducted prior to approval of tentative m8fs for future phaE€s of the proposed project and prior to approval of the final map for phase 2. The tentative map for Phase 2 shall be revised to note the exception of Lots 3-~, requiring the surveys prior to, and as a condition of, final map approval for Phase 2. If the Tiger salamander are found at the project site, and in the event that the sFecies becomes formally listed, the developer would be required to obtain an Incidental Take permit under section 7 of the Endangered Specjes Act and be responsible fer the preparation and implementation of a Habitat Conservation plan (HCP) as a part of the project. The issuance of tte permit would be continsent on approval of the HCP by the !'WS. NEGATIVE DECLARATION Z 94-3, TM 94-2, TM 94-3, PUD: AIS 94-14 l 10/21/94 lOB. CALIFORNIA TIGER SALAMANDER (Future Phases): conduct a winter survey, and a spring survey if necessary, to determine pre-sence or absence of Tiger Salamanders on the project site and their migration routes between the pond and upland habitat. surveys shall be conducted following CDFG protocol, under the supervision of, CDFG. surveys shall be conducted prior to tentative map approval for future phases of the proposed project. If the Tiger Salamander is determined not to occur on the project site, no further mitigation measures will be required. If the Tiger salamander. is determined to occur on the project site, appropriate mit'igations will be developed depending on the specific results of the surveys in conjunction with CDFG. Appropriate mitigations may include, but not be limited to, the following: . Dedication of a conservation easement (area to be determined after survey results are prepared); . preparation of a habitat management program to manage Tiger salamander habitat in the long-term; and . preparation of a "modified.' initial study and mitigation negative declaration for public review. This modified initial study shall report the results of the surveys and present mitigation developed in conjunction with CDFG. surveys shall be conducted prior to approval of tentative maps for future phases of the proposed project. The surveys described in this mitigation measure are the same surveys required in mitigation measure lOA for Lots 3-8 in phase 2. These surveys are anticipated to take place in winter, 1994-95, and if necessary, in spring, 1995. If the Tiger salamander are found at the project site, and in the event that the species becomes formally listed, the developer would be required to obtain an Incidental Take permit under section 7 of the Endangered species Act and be responsible for the preparation and implementation of a Habitat conservation plan (HCP) a9 a a part of the project~ The issuance of the permit would be contingent on approval of the HCP by the FW5~ 11. CALIFORNIA TIGER SALAMANDER (Phases 1 and 2): No grading, filling, development, 3nd/or other ground disturbance shall occur outside of the footprint of phase 1 and 2 until the California Tiger Salamander survey results have been complied and mitigation me.asure.s have been agreed upon by the CDFG. Special conditions for activity within the footprint of phase 2 (Lots 3-8) are indicated in Mitigation Measure lOA. 12. BURROWING OWL (All Phases): Thirty days prior to the start of the earth- moving activities, a pre-construction survey for burrowing owls shall be conducted by a qualified biologist. If present, the owls shall be passively relocated to off-site habitat contiguous with the project site. Relocation of the owls shall be performed by a qualified wildlife biologist, in coordination with CDFG. Nesting owls shall be relocated after a wildlife biologist has determined that the young have fledged. Passive relocation involves i~stalling one-way doors in burrow entrances. Relocation shall be monitored for one week to confirm use of alternate burrows. origir.al burrows shall be filled to prevent reuse. NEGATIVE DECLARATION Z 94-3, 'I'M 94-2, 'I'M 94-;3, PUD:A/5 94-14 7 10/21/94 13. WHITE-TAILED KITE AND LOGGERHEAD SHRIKE (All Phases): Tree-removal and grading activities shall begin during the non-breeding season (August 1 through March 15). However, the removal of large trees must be consistent with Mitigation Measure 14, below. scheduling construction activities in this manner is intended to discourage use of the project site for nesting and is less likely to result in incidental mortalities. 14. PALLID BAT (All Phases): Avoid the removal of oak trees 20 inches in diameter or greater at breast height. All trees and snags to be saved should be marked in the field in coordination with a wildlife biologist. Removal of trees and snags should occur from september through october to reduce the likelihood of destroying occupied maternity roosts and wintering roosts. Large trees and snags may be removed during other periods that are consistent with Mitigation Measure 13, above, if a qualified bat specialist were to determine that roosting bats are not present in the trees and snags proposed for removal. Tree and snag removal shall be monitored by a wildlife biologist, or the city of Gilroy planning Department, and are subject to section 6 of the Consolidated Landscape policy. 15. FRESHWATER MARSH POND (All Phases): Create a lOO-foot buffer measured outward from the periphery of the spring-fed pond and center line of the drainage above the pond. prior to development, this buffer zone should be delineated in the field. No development, staging of equipment or construction materials, placement of spoils, discharge of construction- related wastes, or vegetation removal shall be allowed in the buffer zone. The buffer zone is intended to function as a filter strip for reducing sediments and pollutant loading of the pond. In addition, implement best management practices to avoid degradation of water quality of the pond due to erosion, sedimentation, and inappropriate dispos~l of construction wastes. Some examples of best management practices that shall be included in the plans are: . stabilizing denuded areas prior to the wet season; . Limiting cQnstruction access points and stabilizing access points; . Protection of adjacent areas with sediment barriers; . stabilizing and preventing erosion from temporary conveyance channels; . Appropriate construction material and construction waste handling, storage, and disposal practices; and . Appropriate vehicle and equipment fueling and maintenance practices. The biologist performing the work shall consult with the City Planning Department and the project archaeologist regarding significant archaeological resourCES in the spring-fed pond area. This consultation is necessary for the archaeologist and the biologist to gain an understanding of both the arch2eological and the biological resources located in this portion of the project site. The lOO-foot buffer shall te delineated in the field prJor to issuance of a grading permit for phase 1 and shall remain for all phase of the propcsed project. 16. fRESHwATER ~~SH POND (All Fhases): The city of Gilroy public WorKs Department shall monitor the project during grading and construction to ensure that the buffer zone has been delineated, approved erosion control measurES are implEmented, penr.anent erosion protection are established, and that best management practices regarding the storage and dispcsal of construction ~aterials 2nd tne fueling and rnainte~ance of vehicles and equipment are utilized. NEGATIVE DECLARATION Z 94-3, TM 94-2, TM 94-3, PUD: A/S 94-14 < 10/21/94 17. FRESHWATER MARSH POND (All Phases): The project shall implement best management practices, through a management plan, that reduce post- construction non-point source impacts from development within the watershed of the pond. The measures shall be consistent with Hillside Residential Development policies, subject to review and approval by the city of Gilroy public works Department. 18. FRESHWATER MARSH POND (All phases): Lighting that directly illuminates the spring-fed pond shall not be established. This measure is intended to reduce the adverse effects of night lighting on nocturnal wildlife using the pond for drinking or foraging. 19. FRESHWATER MARSH POND (Future phases-Phase 3): Enhance the habitat values of the spring-fed pond by establishing willow plantings around the periphery of the pond and improving the berm. This measure is intended to provide cover for secretive species, increase nesting and foraging substrates, help maintain water levels, and reduce the adverse affects of night lighting in the vicinity of the pond. A re-vegetation plan and monitoring program shall be developed and implemented by a qualified native habitat restoration specialist and approved by a qualified wildlife biologist prior to project approval. Berm improvements shall be designed into the project and approved by a qualified wildlife biologist. This plan shall be subject to review and approval by the City of Gilroy planning Department, prior to issuance of a grading permit for future phases of the project. 20. FRESHWATER MARSH POND (Future Phases): The proposed project, including the preliminary site plan for future development on the hillside, is designed such that access to the spring-fed pond by wildlife is possible along the undeveloped portions of the north-facing and east-facing slopes of the hillside on the project site. If future phases are not affected by the results of the california Tiger Salamander surveys, these corridor areas, as depicted on the preliminary site plan, shall be left undeveloped to avoid is~~ati~g the pond and ~mpeding wildlife use. These areas are contiguous with oak woodlands and grasslands west of the project site and cak woodlands to the south (future Country Estates). 21. FRESHWATER MAFSH POND (All phases): Responsible agencies shall avoid the use of chemical and biological mosquito control at the pond. 22A. O~~ WOODLAND (All phases): In accordance with the city of Gilroy consolidated Landscape policy, the developer shall retain a qualified arborist to prepare a detailed report of the site to determine measurES necessary to protect the Existing ~ative trees during project demolition, construction, and landscaping, subject to review and approval by the city planning Department. CDFG recommends that avoidance of Gak woodland rGmoval be considered foremost. Therefore, the project should be designed to avoid the removal of cak trees and w~ether or not they are proposed for rEmoval. These treeS stall be aSSEssed by a certified arborist. NEGATIVE DECLARATION Z 94-3, TM 94-2, TM 94-3, PUD, A/5 94-14 9 10/21/94 22B. OAK WOODLAND (All Phases): If oak trees are proposed to be removed, the developer shall re-vegetate the project site with oak trees at a ratio that will eventually result in complete replacement of trees lost. Under the proposed project, hillside areas could serve as appropriate on-site mitigation areas. A re-vegetation plan and monitoring program shall be developed and implemented by a qualified native habitat restoration specialist and approved by CDFG prior to project approval. The oak re- vegetation area shall be monitored annually until the trees become established. Monitoring results shall be submitted to CDFG. 23. OAK WOODLAND (All Phases): Design the project such that hillside development does not result in the loss of oak trees through root damage from grading and use of heavy machinery beneath the oak canopy. A qualified arborist shall determine the minimum distance from oak trees that development can occur while maintaining the health of the trees. 24. OAK WOODLAND (All Phases): Undeveloped hillside oak woodland and grasslands shall continue to be monitored through the city of Gilroy Hillside Development Guidelines. Except for the vegetation removal for fire control necessitated by the city of Gilroy Fire Department, no other form of vegetation removal shall be permitted a Recreational vehiCles, motorized or otherwise, shall not be permitted in the hillside areas. 25. Landscaping (All Phases) shall be consistent with the city of Gilroy's consolidated Landscaping policy, subject to review and approval by the city Planning Department. 26. The developer shall pay the appropriate traffic impact fee (All Phases), subject to approval of the City Department of Public Works, prior to the issuance of a building permit. 27. The developer shall be responsible for the following transportation improvements when ~arranted by the city Department of Public Works: A. Design and install a traffic signal at the Santa Teresa Boulevard / Longrneadow Drive intersection; B. .Design and install a right turn lane on Santa Teresa Boulevard from Mantelli Drive to Longmeadow Drive. This shall include a date and phasing schedule; and c. Design and improve Santa Teresa Boulevard frem Mantelli Drive to Longmeadow Drive. This shall include a date and phasing schedule. These improvements are eligible for reimbursement through the city'S traffic impact f~e program. 28. streets shall follow natural contours of the hillside to minimize cut and fill. Cul-ae-sacs or loop roads will be encouraged where necessary to fit the terrain (Hillside Development ~uirlelines VAl). cuts greater than six feet shall be carefully reviewed by the City of Gilroy Planning Department and the City of Gilroy Public Works Department. Cuts greater than twelve feet shall require Extenuating cirC~I~stances. 2Q street stancarcs ~hall be consistent with the City of Gilroy standard specifications and details (Hillside cEvelcpment GuidelinEs VA2). NEGATIVE DECLARATION Z 94-3, TM 94-2, TM 94-3, PUD, A/S 94-14 10 10/21/94 30. Paths and trails are encouraged in the hillside areas, if designed in a fashion to minimize disturbance of the native slopes and vegetation. They shall be of non-impervious material. If constructed, paths and trails shall be maintained by the homeowners' association (Hillside Development Guidelines vel, and incorporated into the design of the hillside area. They should connect the streets in the hillside area with the east-west local street between lots 8 and 9 in Phase 2 to provide walking/bicycling access to the park located in the northwest corner of the project site. This "short-cut" will also provide reduced walking time for children going to school via Rancho Hills Drive, as well as an emergency pedestrian connection from the hillside area to the Country Estates Subdivision road system to the west. 31. A class III Bike Route shall be designated on the major internal street that fronts the southerly boundary of the park. 32. At the time the tentative map for the townhouse portion of the proposed project is prepared, the Gilroy Fire and Police Departments shall be contacted to verify the adequacy of emergency access prior to approval of the tentative map. 33. The developers shall be responsible for submitting a dust control policy subject to review and approval by the City Building Department, consistent with existing City policies and codes, prior to issuance of a building permit. 34. Noise-generating construction activities shall be restricted to 7:00 a.m. through 10:00 p.m. construction equipment shall be properly muffled and maintained. The contractor work specifications for all construction activities shall reflect these measures, subject to review and approval of the city Building Department prior to issuance of a building permit. 35. The developer shall incorporate all of the guidelines related to visual impacts in t~~ City of Gilroy Hillside Development Guidelines for the hillside portion of the project site. The tentative map, when submitted for the residential hillside portion of the project site, will be subject to review and approval by the City Planning Department and City Engineer prior to approval of the tentative map. 36. The developer shall prcvide required impact f&es to the Gilroy Unified school District. 37. Prior to development of the site, the developer shall Fay required City of Gilroy public safety imract fees. 38. The proposed project shall he designed to meet the Residential Hillside zoning district regulatjons, and all other zoning district, requirements in effect at the time of development. The project design is subject to review and approval by the City of Gilroy Fire Department, prior to iss\.:ance of a building rermit.. 39. Developers shall pay the appropriate water dEvelopment fees, subject to review by the City Department of Public Works prior to the iss~ance of a building permit. NEGATIVE DECLllRATION Z 94-3, TM 94-2, TM 94-3, PUD: A/S 94-14 11 10/21/94 40. The developer shall prepare an infrastructure plan for water, sewer, storm drain, and shall include, but not be limited to the following requirements: A. Main trunk lines for water, sewer, and storm drain shall not be located within the right-of-way for the northern most east-west street located within the earthquake fault setback; B. All utilities to, through, and on the project site shall be installed underground (city code section 21.120), (Hillside Development Guidelines IVA2); C. Every lot shall be provided with sanitary sewer service, connected to the public sanitary sewer system. Eight inch minimum sewer mains shall be required (Hillside Development Guidelines IVC2); D. Only where necessary, in order to provide for gravity flow, will sanitary sewer laterals be allowed to cross lot lines in Private service Easements (PSE) (Hillside Development Guidelines IVC2); E. The developer shall provide sewer backflow valves for sewer laterals on all lots where the upstredm sewer main is at an elevation above the lot (Hillside Development Guidelines IVC3); F. All sanitary sewer, storm drain, and water mains shall be located within the street right-of-way, and shall be owned and maintained by the city. All storm drain ditches which do not connect to city owned storm facilities, or are not accessible in all-weather conditions, shall be maintained by a homeowners association or the owner of the property (Hillside Development Guidelinea IVC4); G. One sewer allocation shall be required for each proposed lot, including lots for future model homes (Hillside Development Guidelines IVC7); H. The developer shall pay for updating of the Sewer Master plan model if the sewer system mains deviate from those shown on the Sewer Master plan (Hillside Development Guidelines IVc7); and I. The developer shall pay for updating the Storm Master plan if the storm drain mains deviate frem those shown on the Storm Master Plan (Hillside Development Guidelines IVC8). All plans shall be subject to the review and approval by the city Engineer, prior to jssuance of building permits with each applicable phase. 41. All existing on-site wells shall be permanently capped in compliance with the standards set forth by the Santa clara Valley Water District and the city Department of Public Works prior to issuance of a building permit. ~2. Developers shall ~ay the appropriate sewer development fees, subject to review by the City De~artrnent of Public Works, prior to the j,ssuance of a building permit. 4~. The developer shall negotiate with the City Parks and Recreation Department as to whether the developer shall either A) ~ay park-in-lieu fees, or B) de~d the property to the City of Gilroy, based upon a mutually-agreed upon appraisal and have their park fees reduced accordingly. NEGATIVE DECLARATION Z 94-3, TN 94-2, TN 94-3, PUD: A/S 94-14 l~ 10/21/94 44. (Phases 1 and 2) During construction of Phases 1 and 2, as identified on the PUD Site plan dated May 25, 1994, and within the area identified as archaeologically sensitive in Figure 10, a qualified professional archaeological monitor shall be present whenever earth-moving activities take place during construction of Phases 1 and 2. The qualified professional archaeological monitor shall prepare written reports to the City of Gilroy Planning Department on a weekly basis. If archaeological resources are uncovered during earth moving activities, all work shall be halted. At that time, and prior to any further construction activities within the archaeologically sensitive area, archaeological testing will be necessary to determine the nature, extent, and significance of the site. Testing shall include detailed surface collection and recording, mechanical (backhoe) trenches to determine the depth and subsurface extent of the site, and hand excavated units to dete~ine its nature and composition. The area identified as the "site area" in Figure 10 shall be fenced off during construction activities associated with Phases 1 and 2. No development, staging of equipment or construction materials, placement of spoils, discharge of construction-related wastes, or vegetation removal shall be allowed in this area. The qualified professional archaeological monitor shall be hired by the city of Gilroy Planning Department, and funded by the developer, prior to issuance of a building permit. 45e (Future Phases) In the area identified in Figure 10 as "site area", further archaeological testing shall be performed and include the following measures: A. Backhoe trenches shall be placed 'at the edges of this site; Be Hand excavation shall include a minimum of three one-by-one meter test units. The units shall be excavated using st~ndard archaeological techniques. These techniques require that the units be excavated in ten centimeter vertical increments (where appropriate) with all materials (except bulk rock) being passes through 1/8 inch mesh screens and any materials remaining in the screens transported to the laboratory for wet screening, again using 1/8 inch mesh. The following studies ~hall be conducted on ~he materials recovered: (1) Professional evaluation of animal bone recovered; (2) professional evaluation of the artifacts and debitage recovered; (3) At ]East four radiocarbon dates shall be run on materials recovered, provided that suf-ficient material is recovered to permit radiocarbon dating; and (4) Any other analyses as required: for instance, bead analysis if any beads are recovered from the site. Ce Following the test excavation, a preliminary Archaeological Report and Archaeological Mitigation Plan shall be prepared. This report shall evaluate the significance of the cultural resources on the project site and make the appropriate mitigation recommendations, prior to approval of a tentative map for that portion of the project site; D. A Fi~al Technical Report shall be ccrnpleted within approximately one YE2r of completion of the field ;mrk, and shall be submitted to the City of Gilroy and to the Regional lnformation Center at Sonoma State uni versi ty; and NEGATIVE DECLARATIOlv Z 94-3, TM 94-2, TM 94-~, PUD, A/5 94-14 13 10/21/94 E. The professional archaeologist performing the survey shall consult with the city Planning Department and the project biologist regarding potentially significant biological resources in the archaeological "site area." This consultation is necessary for the archaeologist and the biologist to gain an understanding of both the archaeological and the biological resources of this portion of the project site. This further testing, with the exception of item D, shall be performed prior to approval of a tentative map for -development within this area, and is subject to review and approval by the City of Gilroy Planning Department. 46. (All Phases) Due to the possibility that significant buried cultural resources might be found during construction, language shall be printed on construction drawings for all phases to protect these. resources, pursuant to review and approval of the City Planning Department. such language might read as follows: "If archaeological resources or human remains are discovered during construction, work shall be halted within 50 meters (150) feet of the find until it can be evaluated by a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented". Date Prepared: October 21, 1994 End of Review period: November 22, 1994 Approved by City Council: Michael Darn, Director of Planning PLANNING DIVISION COMMUNITY DEVELOPMENT DEPARTMENT DATE: TO: FROM: RE: JULY 8, 2002 PLANNING COMMISSION CYDNEY CASPER, PLANNER II tV ADDITIONAL CONDITIONS FOR_tld(CARRIAGE HILLS) The Engineering Division has requested that the following conditions of approval be added to the Carriage Hills hillside tentative map application: 3. (Continued) The applicant shall meet the following conditionJ subject to the review and approval tif the Engineering Division (KristiAbramJ or Don Nunes, 408.846.()450): m. Street improvements mid the design of all storm drainage, sewer and water lines, and all street sections and widths shall be subject to the review and approval of the Engineering Division. n. All utilities to, through, and on the site shall be constructed underground, in accordance with Municipal Code Section 21.120. o. Pnor to Council app1YJ1Jal of the Tract Map and Improvement Plans, the following items wzll need to be completed' . A Signed ongi/lal wmposite plan by the electrical deSIgn engineer shall be a part of the improvement plans; . A leller from the .'ubdivi.'iOll design civil ,ngimer shall be plrpared, which states that the compo.'ite plan ai'nes "nth City Codes and Standards and that no underground utility coziflict eXH/J)" . 'Will SmJe ullm"from each utili~y company for tbe subd".,:rion shall be supplied to the City; and . Tbe plan cbeck and inspection feefor the ;;tilily undergm;;l1d work ",;11 be collected by the Cil)'. .t- Pn'or to alLV turiSl17J(jj(,n ~f the 1,I/.,i"lies 1-11 tbe field. the fo//uw'ing Mill! }fad to be Ji~t!ifd to the Cz!r . A slgned and PC &j~-appm1Jed urigznal tleclrlr plan: and . A letter/rom the de.fi~~'7 Cizni Engineer Ihat states the e!(:(/17'cal plan col1}.Jml.' Ipitb CI!J' Codes and Slandards (~na' /0 fhf qpmt'ed Jubdi1/l~f1(jll i1J~vrol.i(:J!ient pJ~'JlJ. I'M 02-02 CARRIAGE HillS 2 07/08/02 q. All improvements are to be dnne perCi!) of Gilroy Standards. r. All retaining walh mUft be comtructed of pennanent materiah fUch as concrete and masonry, and shall be of a modular design; wood shall not he pennitud s. All grading operatiom and soil compaction at:tivitief shall be per the approved soih report and shall meet with the applvval of the Ci!) Engineer. Grading plans shall show grades of all adjacent properties. t. All lots shall drain to the street for stonn drainage. u. The developer shall provide joint trench composite plam for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenchef, locations of building utili!) sernce stubs and meters and placements or mrangementJ of junction structures as a part of the Improvement Plan submittah for the project. The composite drawings and/ or utili!) improvem"'t plans shall be signed h> a licensed civil engzneer. v. Tbe developer shall negotiate rigbts.of-way with Patiftc Gas and Electric and otber utilities. w. Subdi1l1der sball defend, indemnify, and hold harmless the Ci!), its Ci!) Council, Planning Commiffion, agents, r1ficers, and employees from any claim, action, or proteeding agaimt the Cio!) or its City Council, Planning COlJJlmJsion, agents, officeTJ, or employees to attack, Jet aside, void, or annul an approval of the Ci!), Ci!) Council, Planning Commiffion or other board, advisory agenry, or legiJ/ative body concerning this subdi1l1:~'on. Ci!) will promptfy notify the fUbdivider of any claim, artion, or proceeding agaimt it, and will cooperate fulfy in the defeme. This tondition is imposed pUrJuant to California Government Code Section 66474.9 x. All existing waler wells Jhall be .realed to meet the approval of the Ci!) Engineer and the Santa Clara Valley !.Fater Di.rtrict (SCVWD). .}. Equ~i)ment and .flailing sball be pr01lided Jor waler,'ng f!f all c>"poJfd or diJ/urbed soil, Juifaces at leaJl twice daily. An appmpri.gle dust palhative or JuppmJont, added 10 .,ater before application, shall be utilized IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached Resolution No. 2002-62 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 3rd day of September, 2002, at which meeting a quorum was present. the City of Gilroy this 25th day of September, 2002. fZ erk of the City of Gilroy (Seal)