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Resolution 2003-62 RESOLUTION NO. 2003-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 02-09, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 16.5 ACRE SITE INTO 15 RESIDENTIAL HILLSIDE LOTS LOCATED AT THE WESTERN TERMINUS OF HOLLYHOCK LANE, APN 783-04- 018 WHEREAS, Jim Hoey, the applicant, submitted TM 02-09, requesting a tentative map to subdivide an approximately 16.5 acre site into fifteen (15) residential hillside lots, located at the western terminus of Hollyhock Lane, APN 783-04-018; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council on August 4, 2003, adopted a mitigated Negative Declaration for this project, attached hereto as Exhibit A, finding that the Negative Declaration was completed in compliance with CEQA, that it reflects the independent judgment of the City, and that there is no substantial evidence in the record that the project as mitigated will have a significant effect on the environment; and WHEREAS, the Planning Commission held a duly noticed public hearing on July 31, 2003, at which time the Planning Commission considered the public testimony, the Staff Report dated July 24, 2003 ("Staff Report"), and all other documentation related to application TM 02- 09, and recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public hearing on August 4, 2003, at which time the City Council considered the public testimony, the Staff Report, a supplemental Staff Report dated August 1, 2003 ("Supplemental Staff Report"), and all other documentation related to application TM 02-09; and IGB0\599812.1 01-082103- 04706002 -1- Resolution No. 2003-62 WHEREAS, the City Council determined that sixty-four (64) conditions should be incorporated into the project as proposed by staff and modified by the Planning Commission as set forth in the Supplemental Staff Report; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this project approval is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council hereby finds as follows: 1. The project is consistent with the land use designation and the intent ofthe goals and policies ofthe General Plan. 2. The project is consistent with the Zoning Ordinance, the City's Subdivisions and Land Development Code, and the State Subdivision Map Act. 3. Public utilities and infrastructure improvements needed to serve the proposed project are in close proximity. 4. The project is consistent with surrounding development. 5. There is no substantial evidence in the entire record that the proj ect as mitigated will cause a significant environment effect. 6. There are no facts to support the findings requiring denial of the proposed tentative map pursuant to California Government Code section 66474. B. The City Council hereby adopts the Mitigation/Monitoring Program for this project. C. Tentative Map TM 02-09 should be and hereby is approved, subject to: IGB0\599812.1 01-082103- 04706002 -2- Resolution No. 2003-62 1. The sixty-four (64) conditions attached hereto as Exhibit A, and incorporated herein by this reference. 2. The MitigationfMonitoring Checklist and the twenty-three (23) mitigation measures set forth in the Negative Declaration, attached hereto as Exhibit B, and incorporated herein by this reference. PASSED AND ADOPTED this 15th day of September, 2003 by the following AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: ~~ Rhonda Pellin, City Clerk IGB0\599812.1 01-082103- 04706002 -3- Resolution No. 2003-62 Exhibit A CONDITIONS OF APPROVAL TM 02-09 Hollyhock Hills In addition, staff recommends that the following conditions of approval apply to this request: The applicant shall meet the following conditions subject to the review and approval of the Planning Division (Cydney Casper, 408-846-0440): 1. MITIGATION MEASURES # 1 THROUGH #24, contained within the Negative Declaration, shall be applied to the approval of the project in order to reduce and/or mitigate all potential significant impacts to a level of insignificance, as required under the California Environmental Quality Act (CEQA). 2. Subdivider shall defend, indemnify, and hold harmless the City, its City Council, Planning Commission, agents, officers, and employees from any claim, action, or proceeding against the City or its City Council, Planning Commission, agents, officers, and employees to attack, set aside, void, or annul an approval of the City, City Council, Planning Commission, or other board, advisory agency, or legislative body concerning this subdivision. City will promptly noti'/y the subdivider of any claim, action, or proceeding against it, and will cooperate fully in the defense. This condition is imposed pursuant to California Government Code Section 66474.9. 3. All street names within the proposed Tentative Map area shall be subject to the City's established policy for street naming, subject to review and approval by the City's Street Naming Task Force. 4. Existing specimen trees native to the area shall be preserved whenever possible. 5. Prior to grading, protective fencing shall be installed (at the drip line) around all specimen trees native to the area, that are within and/or adjacent to any cut and fill grading, access roads, building material stacking, constrnction vehicle parking, or any other constrnction operation. Tree fencing details to include fencing material, shall be delineated on the required grading plans. 6. Any retaining walls must be constrncted of a textured masonry material (keystone typical). 7. A deed restriction shall be recorded on each parcel in order to preclude the future subdivision of the property into smaller parcels. 8. Approved Architecture and Site Review applications must be obtained prior to the issuance of any Building Permits for constrnction. TM 02-09 Conditions 2 8/26/03 The applicant shall meet the following conditions subject to the review and approval of the Fire Marshal (Jacqueline Bretschneider 408-846-0430): 9. Street Hydrants shall be spaced every 300ft. Hydrant locations and water main sizing shall be approved by the Gilroy Fire Department prior to the issuance of any building permits. 10. Roadways shall provide a minimum 20 feet of unobstructed travel. Roadways less than 30ft shall be postedfor no parking and curbs painted red on both sides and less than 40ft wide posted and painted on one side. Signage and curb painting shall be maintained in good condition. 11. Roads shall not exceed 15 % grade. Driveways with greater than 15% grade shall be provided with an approved Fire Engine turnout. Driveways in excess of 150ft shall be provided with a turn around that meets the Fire Department turn-around template or shall be provided an approved turnout. Vertical clearance of 14' shall be maintained on driveways. 12. The Developer shall provide an EVA stub to the Country Estates Phase 4 property for afuture EVA through Country Estates.. 13. An all-weather access road, not less than twenty (20)feet in width,for fire engines shall be provided before commencing any combustible construction. Fire hydrants shall also be installed and maintained before combustible construction begins. 14. All residences shall include fire-sprinkler systems. All building construction shall include non-combustible roofing materials, as approved by the Fire Department. 15. All landscaping (on the property) within 30ft of a building shall be irrigated and shall maintained as a defensible space. A 60ft fuel transition zone pursuant to Gilroy Fuel Transition Zone policy shall be maintained between the irrigated landscape and the balance of the lot. The applicant shall meet the following conditions subject to the review and approval of the Engineering Division (Rick Smelser 408-846-0450): 16. The developer/applicant must obtain a sewer allotment for this project and sign a sewer allotment agreement prior to the issuance of any building permits. TM 02-09 Conditions 3 8/26/03 17. In the event it is necessary to acquire offsite easements or street rights-of- way, prior to Final Map approval the owner shall enter into an agreement to pay all condemnation costs, {f necessary, for dedication of the easements or street right-of-way. The owner shall place a note on the Final Map agreeing to pay all condemnation costs. This agreement shall require the owner to deposit all condemnation costs with the City within 21 days of Final Map approval. The owner shall agree to provide an initial cash deposit as determined by the City. 18. The developer shall pay all the costs of any land purchase for the ultimate right-of-way and easements and secondary access. The developer shall, within 21 days after City Council approval of the tentative map, deposit the estimated cost of all condemnation expenses with the City of Gilroy's Engineering Division. All easements and rights-of-way must be dedicated and/or deeded to the City of Gilroy prior to final map approval. 19. Prior to City Council approval of the Tract Map and Improvement Plans, the following items shall be completed by the applicant and/or developer: a. A signed original composite plan by the electrical design engineer shall be a part of the improvement plans; b. A letter from the subdivision design civil engineer shall be prepared which states that the composite plan agrees with City Codes and Standards and that no underground utility conflict exists; c. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the City; and d. The City will collect the plan check and inspection fee for the utility underground work. 20. Prior to any construction of the utilities in the field, the applicant and/or developer shall submit the following items to the City Engineering Division for review and approval: a. A signed and PG&E approved original electric plan; and b. A letter from the design civil engineer that states that electrical plans conform to City Codes and Standards, and with the approved subdivision improvement plans 21. All grading operations and soil compaction activities shall be per the approved soils report and shall meet with the approval of the City Engineer. Grading plans shall show grades of all adjacent properties 22. Any existing water wells shall be sealed to meet the approval of the City Engineer and the Santa Clara Valley Water District (SCVWD) TM 02-09 Conditions 4 8/26/03 23. The developer shall implement andfollow the Santa Clara Valley Urban Runoff Pollution Prevention Program's recommended Best Management Practices (EMP) for construction activities, as contained in the California Storm Water Construction BMP Handbook. 24. The developer shall provide a positive marking system for the Zone II and Zone III water lines and components. Pipe shall be positively identified with plastic tape marking it as Zone II or Zone III. Services, hydrants and valves shall be tagged with brass tags identifying them as Zone II or Zone III. 25. The developer agrees to perform field verification testing of the water system after build-out of the project and will modify any part of the system that does not perform to the standards established by the City. 26. All sanitary sewer, storm drain, and water mains are to be located in the public right-of-way within the street and shall be owned and maintained by the City. All storm drain ditches which connect to storm drains within public utility easements and are accessible in all-weather conditions shall be located in a public utility easement and maintained by the City. All storm drain ditches which do not connect to public utility easements within streets or are not accessible in all-weather conditions shall be maintained by a homeowner's association or the owner of the property. 27. All grading operations and soil compaction activities shall meet the approval of the City Engineer and shall be done in accordance with the soils reports which were prepared for this project. Site preparation and fill construction shall be conducted under the observation of, and tested by, a licensed soils or geotechnical engineer. Material, which was placed previously without benefit of compaction, must be removed and replaced in accordance with the soils report. 28. Clearly show areas with 15% slopes and areas with 30% slopes. Houses located on slopes over 15% shall utilize special foundation designs. These foundation designs must be reviewed by the City Engineer. Additional soils engineering work may be required in order to support the foundation designs. Refer to the City of Gilroy Hillside Development Guidelines. 29. All sanitary sewer mains shall be gravity mains 30. All street improvements, the design of all storm drainage, sewer and water lines, street sections and widths shall be subject to the approval of the City Engineer. 31. One sewer allocation shall be requiredfor each proposed lot. TM 02-09 Conditions 5 8/26/03 32. The developer shall provide full street, curb, gutter, sidewalk and electrolier improvements. Lighting shall be designed to minimize glare on adjacent properties. 33. Street improvements and 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. 34. All lots within the development shall be protected from storm water runoff from adjacent lots by the installation of open concrete ditches within the contributing lot. Drainage easements shall be required when more than one lot benefits from the easement. All easements shall be in favor of the benefiting property and shall be designated as a private storm drain easement. 35. All concrete drainage ditches shall lead from an appropriate inlet connected to a storm drain system to an outlet structure at a natural drainage channel. Inlets shall be spaced to preclude flooding in the street. Long curb opening catch basins shall be used throughout the development. Lot development will not be complete until ditches and concrete channels are constructed to protect the adjacent lower properties. 36. The development's water system shall be designed to conform to City standards. All design specifications and criteria as stated in the water model shall be followed. 37. A Storm Drainage System Map will be prepared with contributing runoff areas calculated for flow. All areas of runoff that will contribute in the future shall be included in the calculation for pipe sizing for the present and future phases of the project and areas within the runoff area that are outside of the project boundary. 38. All storm water facilities shall be designed to meet City standards, subject to review and approval by the City Engineer. 39. Storm drain design submittals should include calculations of the depth and width offlow in street gutters during a 1 O-year flood and a 100-year event. The inlet capacities and spacing should be designed such that the gutter flow down both sides of the street does not encroach beyond two feet from the gutter during a 10-year storm and will allow a minimum 10-/00t wide traffic lane to be free of water during a 100-year storm. In no case shall the pavement be inundated at any time. Standard inlets with Pelican hoods shall be used throughout the development. TM 02-09 Conditions 6 8/26/03 40. All storm drains shall be made of City standard reinforced concrete pipe. 41. All inlet structures shall be located adjacent to a service road or at a location that can easily be maintained in all-weather conditions. 42. In remote areas, open concrete-lined channels shall be constructed in-lieu of pipes. 43. All ditches and slope easements on private property shall be maintained by a homeowner's association or the owner of each property. The only exception is in a public utility easement and along the public right-of-way that is accessible in all weather conditions. 44. No water from this development may be discharged to another property without first obtaining a Storm Drainage Easement or Agreement. Easements or Agreements must extend to an approved public drainage system or a natural channel. 45. The developer shall add all lots within the development to Maintenance District One. 46. All utilities, to, through and on the site shall be constructed underground, in accordance with Municipal Code Section 21.120. 47. All retaining walls must be constructed of permanent materials such as concrete or masonry, and shall be of a modular design; wood will not be permitted 48. The developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. The composite drawings and/or utility improvement plans shall be designed by a licensed civil engineer. 49. The Engineering Division shall approve all hydrant locations and water main sizing prior to building permit issuance. Equipment and staffing shall be provided for watering of all exposed or disturbed soil surfaces at least twice daily. An appropriate dust palliative or suppressant, added to water before application, shall be utilized, subject to review and approval by the Building, Life, and Environmental Safety Division. 50. The developer shall negotiate rights-of-way with Pacific Gas and Electric and other utilities subject to the review and approval by the Engineering Division and the utility companies. TM 02-09 Conditions 7 8/26/03 51. No sanitary laterals shall be connected to a temporary gravity sewer main. 52. The Developer shall provide sewer bacliflow valves on all lots where the upstream sewer main is at an elevation above the lot. 53. No sanitary sewer lateral shall be constructed below a concrete ditch. A minimum separationfrom the ditch isfive (5) feet. 54. The Developer shall certify on the final map that the maintenance of the sewer laterals extended to the sewer main and individual home pump stations are the homeowner's responsibility. Conditions, Covenants & Restrictions shall include this wording. 55. All facilities scheduled for removal in the future must be bonded to an amount equal to the cost of the removal. 56. The developer shall submit improvement plans with the Final Map submittal. 57. Each lot shall be designed with a street frontage of not less thanforty (40) feet. 58. The developer shall submit an estimate of the probable cost of off-site improvements with the Final Map submittal. 59. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final Map recordation. 60. All infrastructure shall be completed and accepted prior to the issuance of a certificate of occupancy for any building within the subdivision. 61. Street alignments connecting to adjoining developments shall be coordinated with those projects and approved by the City Engineer. 62. The proposed cul-de-sacs must meet the City of Gilroy standards. 63. The developer shall provide required impact fees to the Gilroy Unified School District. 64. All construction, and related delivery activities, shall be limited to the following hours: Monday - Friday 7:00 am - 7:00 pm Saturdays & Holidays 9:00 am - 7:00 pm Sundays: No construction activity allowed ([itp of ~ilro!, EXHIBIT B COMMUNITY DEVELOPMENT DEPARTMENT 7351 Rosanna Street, Gilroy, CA 95020 Planning Division Engineering Division Building, Life & Environmental Safety Division Housing & Community Development (408) 846-0440 (408) 846-0450 (408) 846-0430 (408) 846-0290 FAX (408) 846-0429 FAX (408) 846-0429 FAX (408) 846-0429 FAX (408) 846-0429 Community Development Departtnent Planning Division Negative Declaration July 11, 2003 Proiect Description Name of Project: \ Nature of Project: Hollyhock Hills Request to subdivide approximately 16.5 acres of land in the Residential Hillside (RH) zoning district to 15 residential lots ranging in size from about 0.53 acres to 2.56 acres. Proiect Location Location: Assessor's Parcel #: Within the western foothills of the City of Gilroy at the terminus of Hollyhock Lane. 783-04-018 Entity or Person(s) UndertakinS! Proiect Name: Address: Jim Hoey P.O. Box 918, Gilroy, CA 95021 (408-848-4328) Initial Study An expanded Initial Study of this project was undertaken and prepared for the purpose of ascertaining whether this project might have a significant effect on the environment. A copy of this study is on file at the City of Gilroy Planning Division, 7351 Rosanna Street, Gilroy, CA 95020. DRAFT Negative Declaration TM 02-09 2 7/11/03 Findines & 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: 1. The proposal is a logical component of the existing and potential land use of this area. 2. Potentially adverse impacts are proposed to be mitigated. 3. The proposed project is consistent with the adopted goals and policies of the Gilroy General Plan. 4. The Initial Study was independently reviewed by City staff, and this Negative Declaration reflects the independent judgement of the City of Gilroy. Mitiaation Measures 1. Lot developers shall submit plans that incorporate design requirements contained in the hillside development guidelines. The plans shall be subject to review and approval by the Planning Division, prior to Architectural and Site Review approval. 2. Prior to final map approval, the project proponent shall prepare and submit a lighting plan, subject to review and approval by the City of Gilroy Engineering Division. The lighting plan shall limit street lighting to intersections and where necessary to reduce traffic hazards. All lighting site shall be directed away from the creek and riparian corridor along the eastern boundary of the project site, and away from the oak woodland habitat in the northern portion of the project site. Street lighting shall include opaque shields to reduce landscape illumination. 3. The following basic and enhanced dust control measures shall be subject to the review and approval by the City of Gilroy Engineering Division: (Adopted General Plan EIR Mitigation Measure 4.6-A) . Water all active construction areas at least twice daily; . Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; DRAFT Negative Declaration TM 02-09 3 7/11/03 · Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; · Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; and · Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. Enhanced Control Measures - The following measures should be implemented at construction sites greater than four acres in area: · All those measure listed above; · Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); · Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.); · Limit traffic speeds on unpaved roads to 15 mph; · Install sandbags or other erosion control measures to prevent silt runoff to public roadways; and · Replant vegetation in disturbed areas as soon as deemed feasible by the Engineering Division. · The following measures shall be implemented at construction sites that are large in area, located near sensitive receptors or which for any other reason may warrant additional emissions reductions: · Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; · Install windbreaks, or plant trees/vegetative wind breaks at windward siders) of construction areas; · Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and · Limit the area subject to excavation, grading and other construction activity at anyone time. DRAFT Negative Declaration TM 02-09 4 7/11/03 4. The following measures shall be incorporated into all project plans for the project site: (Adopted General Plan EIR Mitigation Measure 4.6-B) · The idling time of all construction equipment shall not exceed five minutes; · Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use; · All equipment shall be properly tuned and maintained in accordance with the manufacturer's specifications; · When feasible, alternative fueled or electrical construction equipment shall be used at the project site; · Use the minimum practical engine size for construction equipment; and · Gasoline-powered equipment shall be equipped with catalytic converters, where feasible. 5. Subject to the review of the Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities on the project site, field surveys shall be conducted by a qualified biologist to determine if burrowing owls are present in the construction zone or within 200 feet of the construction zone. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. These surveys shall be required only if any construction would occur during the nesting and/or breeding season of burrowing owls (February 1 through August 31) and/or during the winter residency period (December 1 through January 31). If active nests are found in the survey area, a burrowing owl habitat mitigation plan shall be submitted to the California Department of Fish and Game for review and approval. The burrowing owl habitat mitigation plan shall contain mitigation measures contained in the California Department of Fish and Game Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game 1995). Compliance with this mitigation measure may include, but not be limited to, the following: · A voidance of occupied burrows during the nesting season (February 1 through August 31); · Acquisition, protection and funding for long-term management and monitoring of foraging habitat adjacent to occupied habitat; · Enhancement of existing burrows and/or creation of new burrows; · Passive relocation of burrowing owls. DRAFT Negative Declaration TM 02-09 5 7/11/03 6. Subject to the review of the Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities on the project site, a survey shall be conducted by a qualified biologist to determine if active nest(s) of protected birds are present in the construction zone or within 200 feet of the construction zone. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. This survey shall be required only if any construction would occur during the nesting and/or breeding season of protected bird species (generally March 1 through August 1). If active nest(s) are found, clearing and construction within 200 feet of the active nest(s) shall be postponed or halted until the nest(s) are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting, at the discretion of the biologist. If construction activities are not scheduled between March 1 and August 1, no further surveys shall be required. 7. Subject to the review of the Gilroy Planning Division, prior to initiation of construction activities, the project aplicant shall contract with a qualified biologist to flag the boundary of the ordinary high water mark of the creek. No fi811 or equipment shall be allowed below the ordinary high water mark. 8. Prior to issuance of a building permit for the road crossing, the project applicant shall obtain a California Fish and Game Code Section 1603 Streambed Alteration Agreement (SAA) from the California Department of Fish and Game. Road construction work in and adjacent to the creek shall be initiated and completed during the summer and fall months when the creek is dry. Typically, no construction work is allowed in the creek between October 15 and early June. 9. Prior to issuance of a building permit for the road crossing, the project applicant shall have a qualified biologist prepare a revegetation plan and monitoring program for approval by the City of Gilroy and the California Department of Fish and Game. The revegetation plan shall identify the exact amount and location of impacted and replacement riparian habitat, and shall specify the use of locally-obtained native riparian species. Any loss of riparian vegetation resulting from road crossing construction shall be mitigated on-site at a minimum 3:1 replacement ratio. The revegetation plan and monitoring program sdhall incorporate the components of the conceptual mitigation plan outlined in the Hollyhock Hills Initial Study and Site Assessment (fl. T. Harvey and Associates, 2003). 10. Prior to initiation of construction activities for the road crossing, subject to the review of the Gilroy Engineering Division, the project applicant shall install siltation fencing, hay bales, or other suitable erosion control measures along portions of the seasonal creek in which construction will occur and within 20 feet of construction and/or staging areas in order to prevent sediment from filling the creek. DRAFT Negative Declaration TM 02-09 6 7/11/03 11. Prior to issuance of a building permit for the road crossing, the project applicant shall obtain a permit from the Santa Clara Valley Water District in accordance with District Ordinance 83-2. 12. Significant trees on the project site shall be retained to the greatest extent feasible. For those significant trees on the project site that must be removed, the project applicant shall retain a qualified biologist or arborist to prepare a written report providing specifications for replacing signifcant trees to be removed. For any significant trees determined to be removed for construction of driveways, utility service lines, and/or individual lots, the project applicant shall retain a qualified biologist or arborist to prepare a written report including the number and location of each significant tree to be removed, the type and approximate size of each significant tree, the reason for removal, and specifications for replacing significant trees to be removed The written report(s) shall be pre pard prior to the commencement of grading ctivities, subject to approvaby the City of Gilroy Planning Division. 13. Prior to approval of the final map, the project applicant shall prepare covenants, Codes, and Restrictions (CC&R's) on the deeds for each lot in order to ensure the long-term protection and maintenance of the natural vegetation including, but not limited to, oak trees. The CC&R's shall prohibit property owners from removing native vegetation and oak trees, unless approved in writing by the City of Giliroy, and shall encourage the use of landscaping with native plants. The CC&R's shall include a penalty acceptable to the City of Gilroy for any napproved removal of an oak tree. The CC&R's shall include disclosure, to be sdigned by the future owner, and subsequent owners, of the ecological and scenic importance of the area, the presence of significant biological resources ocurring in the vicinity, and protection measures implemented as part of the development. The project applicant shall provide the Gilroy Planning Division with a copy of the CC&R 's prior to the approval of the final map. 14. The tree preservation specifications identified in the Hollyhock Hills Construction Impact Assessment (James P. Allen and Associates) shall be printed on all pages of development plans and sdhall be implemented prior to and during construction, as appropriate. These tree preservation specifications include the following measures: . A pre-construction meeting with the project arborist; . Establishment of a tree preservation zone; . Restriction within the dripline of existing trees; . Alteration of grade requirements; . Trenching requirements; . Field decisions; . Tree canopy alteration rewquirements; and . Supplemental irrigation requirements. DRAFT Negative Declaration TM 02-09 7 7/11/03 15. Prior to issuance of building permits for improvements that would encorach into the 50-foot riparian setback area, the project applicant shall have a qualified biologist prepare a revegetation plan andf monitoring program for approval by the City of gilroy and the California Department of Fish and Game. The revegation plan shall identify the area of encroachment. Any loss of riparian vegetation resulting from encroachment into the riparian setback shall be mitigated on-site at a minimum 1: 1 replacement ratio. The revegetation plan and monitoring program shall incorporate the components of the conceptual mitigation plan outlined in the Hollyhock Hills Initial Study and Site Assessment (H. T. Harvey and Associates, 2003). 16. The riparian setback area shall be maintained as private open space, and no alteration of native vegetation shall be allowed din the setback area. This requirement shall be included in the CC&R's and on the deeds for lots containing private open space setback area. 17. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included on any permits issued for the project site, including, but not limited to building permits for future development, subject to the review and approval of the Gilroy Planning Division: If archaeological resources or human remains are discovered during construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented (General Plan Policy 5.07). 18. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 15064.5(e): If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native DRAFT Negative Declaration TM 02-09 8 7/11/03 American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. 19. The recommendations of the January 2003 geologic hazards study and the January 2003 preliminary soils engineering report for Hollyhock Hills shall be implemented by the applicant and is subject to the review and approval by the Gilroy Engineering Division. 20. The applicant shall prepare an erosion control plan consistent with the city's erosion control regulations. The plan must include measures to minimize erosion during both the construction and long-term operational phases of the project and address potential erosion impacts identified in section 4, Biological Resources and Section 8, Hydrology and Water Quality. The plan shall be subject to review and approval of the City Engineer prior to issuance of building permits. 21. The proposed culvert/retaining wall system shall be subject to review and approval of the City Engineer to ensure it is designed to accommodate project maximum water flows within the unnamed stream without causing localized flooding and/or downstream erosion. Any plan modifications required by the City Engineer shall be completed and approved prior to approval a grading permit. 22. The project proponent shall submit a Notice of Intent (NOI) and detailed engineering designs to the Regional Water Quality Control Board This permit shall require development and implementation of a Storm Water Pollution Prevention Plan that uses storm water "Best Management Practices" to control runoff, erosion and sedimentationfrom the site. 23. As part of the normal city review and approval procedures for construction projects the following measures should be incorporated into project plans subject to the review and approval of the Gilroy Engineering Division: a. Limit construction activity to weekdays between 7:00 AM and Z'OO PM, and Saturdays and city holidays between 9:00 AM and Z'OO PM, with no construction on Sundays. DRAFT Negative Declaration TM 02-09 9 7/11/03 b. Require that all internal combustion engine-driven equipment are equipped with mu.ff/ers, which are in good condition and appropriate for the equipment. c. Locate stationary noise-generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area; and d. Construct sound walls or other noise reduction measures prior to developing the project site. Date Prepared: September 8, 2003 End of Review Period: July 31,2003 Date Adopted: William Faus Planning Division Manager bfaus@ci.gilroy.ca.us Exhibit B Hollyhock Hills Subdivision Mitigation Monitoring Program Introduction CEQA Guidelines section 15097 requires public agencies to adopt reporting or monitoring programs when they approve projects subject to an environmental impact report or a negative declaration that includes mitigation measures to avoid significant adverse environmental effects. The reporting or monitoring program is to be designed to ensure compliance with conditions of project approval during project implementation in order to avoid significant adverse environmental effects. The law was passed in response to historic non-implementation of mitigation measures presented in environmental documents and subsequently adopted as conditions of project approval. In addition, monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures. A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measure's compliance. This monitoring program is designed to provide a mechanism to ensure that mitigation measures and subsequent conditions of project approval are implemented. Monitoring Program The basis for this monitoring program is the mitigation measures included in the project environmental impact report. These mitigation measures are designed to eliminate or reduce significant adverse environmental effects to less than significant levels. These mitigation measures become conditions of project approval, which the project proponent is required to complete during and after implementation of the proposed project. The attached checklist is proposed for monitoring the implementation of the mitigation measures. This monitoring checklist contains all appropriate mitigation measures in the negative declaration. Monitoring Program Procedures The City of Gilroy shall use the attached monitoring checklist for the proposed project. The monitoring program should be implemented as follows: 1. The Gilroy Community Development Department should be responsible for coordination of the monitoring program, including the monitoring checklist. The Community Development Department should be responsible for completing the monitoring checklist and distributing the checklist to the responsible individuals or agencies for their use in monitoring the mitigation measures. 2. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring checklist have been complied with. Once all mitigation measures have been complied with, the responsible individual or agency should submit a copy of the monitoring checklist to the Community Development Department to be placed in the project fIle. If the mitigation measure has EMC Planning Group Inc. 14 Hollyhock Hills Subdivision Mitigation Monitoring Program not been complied with, the monitoring checklist should not be returned to the Community Development Department. 3. The Gilroy Community Development Department will review the checklist to ensure that appropriate mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with at the appropriate time, e.g. prior to issuance of a use permit, etc. Compliance with mitigation measures is required for project approvals. 4. If a responsible individual or agency determines that a non-compliance has occurred, a written notice should be delivered by certified mail to the project proponent within 10 days, with a copy to the Community Development Department, describing the non- compliance and requiring compliance within a specified period of time. Ifnon- compliance still exists at the expiration of the specified period of time, construction may be halted and fines may be imposed at the discretion of the City of Gilroy. EMC Planning Group Inc. 15 Mitigation Monitoring Program Hollyhock Hills Subdivision Hollyhock Hills Subdivision Mitigation Monitoring Checklist Step 1 Prior to approval of the final map approval, the following mitigation measure shall be implemented: 2. Prior to final map approval, the project proponent shall prepare and submit a lighting plan, subject to review and approval by the City of Gilroy Engineering Division. The lighting plan shall limit street lighting to intersections and where necessary to reduce traffic hazards. All lighting site shall be directed away from the creek and riparian corridor along the eastern boundary of the project site, and away from the oak woodland habitat in the northern portion of the project site. Street lighting shall include opaque shields to reduce landscape illumination. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division 13. Prior to approval of the final map, the project applicant shall prepare covenants, Codes, and Restrictions (CC&R's) on the deeds for each lot in order to ensure the long-term protection and maintenance of the natural vegetation including, but not limited to, oak trees. The CC&R's shall prohibit property owners from removing native vegetation and oak trees, unless approved in writing by the City of Giliroy, and shall encourage the use oflandscaping with native plants. The CC&R's shall include a penalty acceptable to the City of Gilroy for any unapproved removal of an oak tree. The CC&R's shall include disclosure, to be signed by the future owner, and subsequent owners, of the ecological and scenic importance of the area, the presence of significant biological resources occurring in the vicinity, and protection measures implemented as part of the development. The project applicant shall provide the Gilroy Planning Division with a copy of the CC&R's prior to the approval of the final map. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 16. The riparian setback area shall be maintained as private open space, and no alteration of native vegetation shall be allowed din the setback area. This requirement shall be included in the CC&R's and on the deeds for lots containing private open space setback area. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 16 EMC Planning Group Inc. Hollyhock Hills Subdivision Mitigation Monitoring Program Step 2 Prior to Architectural and Site Review for each lot, the following mitigation measures shall be implemented: Mitigation Measure 1. Lot developers shall submit plans that incorporate design requirements contained in the hillside development guidelines. The plans shall be subject to review and approval by the Planning Division, prior to Architectural and Site Review approval. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division Step 3 Prior to approval and issuance of a grading permit and/or a building permit, the following mitigation measures shall be implemented: 8. Prior to issuance of a building permit for the road crossing, the project applicant shall obtain a California Fish and Game Code Section 1603 Streambed Alteration Agreement (SAA) from the California Department of Fish and Game. Road construction work in and adjacent to the creek shall be initiated and completed during the summer and fall months when the creek is dry. Typically, no construction work is allowed in the creek between October 15 and early June. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 9. Prior to issuance of a building permit for the road crossing, the project applicant shall have a qualified biologist prepare a revegetation plan and monitoring program for approval by the City of Gilroy and the California Department of Fish and Game. The revegetation plan shall identify the exact amount and location of impacted and replacement riparian habitat, and shall specify the use oflocally-obtained native riparian species. Any loss of riparian vegetation resulting from road crossing construction shall be mitigated on-site at a minimum 3: 1 replacement ratio. The revegetation plan and monitoring program shall incorporate the components of the conceptual mitigation plan outlined in the Hollyhock Hills Initial Study and Site Assessment (H.T. Harvey and Associates, 2003). Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 11. Prior to issuance of a building permit for the road crossing, the project applicant shall obtain a permit from the Santa Gara Valley Water District in accordance with District Ordinance 83-2. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division EMC Planning Group Inc. 17 Mitigation Monitoring Program Hollyhock Hills Subdivision 15. Prior to issuance of building permits for improvements that would encroach into the 50- foot riparian setback area, the project applicant shall have a qualified biologist prepare a revegetation plan and monitoring program for approval by the City of Gilroy and the California Department of Fish and Game. The revegetation plan shall identify the area of encroachment. Any loss of riparian vegetation resulting from encroachment iinto the riparian setback shall be mitigated on-site at a minimum 1: 1 replacement ratio. The revegetation plan and monitoring program shall incorporate the components of the conceptual mititagion plan outlined in the Hollyhock Hills Initial Study and Site Assessment (H.T. Harvey and Associates, 2003). Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 20. The applicant shall prepare an erosion control plan consistent with the city's erosion control regulations. The plan must include measures to minimize erosion during both the construction and long-term operational phases of the project and address potential erosion impacts identified in section 4, Biological Resources and Section 8, Hydrology and Water Quality. The plan shall be subject to review and approval of the City Engineer prior to issuance of building permits. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 21. The proposed culvert/retaining wall system shall be subject to review and approval of the City Engineer to ensure it is designed to accommodate project maximum water flows within the unnamed stream without causing localized flooding and/or downstream erosion. Any plan modifications required by the City Engineer shall be completed and approved prior to approval a grading permit. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division Step 4 Prior to and/or during constmction, the following mitigation measures shall be implemented: Mitigation Measure 3. The following basic and enhanced dust control measures shall be subject to the review and approval by the City of Gilroy Engineering Division: (Adopted General Plan EIR Mitigation Measure 4.6-A) Water all active construction areas at least twice daily; . Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; 18 EMC Planning Group Inc. Hollyhock Hills Subdivision Mitigation Monitoring Program Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; and · Sweep streets daily (with water sweepers) ifvisible soil material is carried onto adjacent public streets. Enhanced Control Measures - The following measures should be implemented at construction sites greater than four acres in area: · All those measure listed above; · Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); · Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.); Limit traffic speeds on unpaved roads to 15 mph; · Install sandbags or other erosion control measures to prevent silt runoff to public roadways; and · Replant vegetation in disturbed areas as soon as deemed feasible by the Engineering Division. The following measures shall be implemented at construction sites that are large in area, located near sensitive receptors or which for any other reason may warrant additional emissions reductions: Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; Install windbreaks, or plant trees/vegetative wind breaks at windward side(s) of construction areas; · Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and Limit the area subject to excavation, grading and other construction activity at anyone time. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division Mitigation Measure 4. The following measures shall be incorporated into all project plans for the project site: (Adopted General Plan EIR Mitigation Measure 4.6-B) . The idling time of all construction equipment shall not exceed five minutes; EMC Planning Group Inc. 19 Mitigation Monitoring Program Hollyhock Hills Subdivision . Limit the hours of operation of heavy duty equipment and/ or the amount of equipment in use; . All equipment shall be properly tuned and maintained in accordance with the manufacturer's specifications; . When feasible, alternative fueled or electrical construction equipment shall be used at the project site; Use the minimum practical engine size for construction equipment; and Gasoline-powered equipment shall be equipped with catalytic converters, where feasible. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 5. Subject to the review of the Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities on the project site, field surveys shall be conducted by a qualified biologist to determine if burrowing owls are present in the construction zone or within 200 feet of the construction zone. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. These surveys shall be required only if any construction would occur during the nesting and/or breeding season of burrowing owls (February 1 through August 31) and/or during the winter residency period (December 1 through January 31). If active nests are found in the survey area, a burrowing owl habitat mitigation plan shall be submitted to the California Department of Fish and Game for review and approval. The burrowing owl habitat mitigation plan shall contain mitigation measures contained in the California Department of Fish and Game Staff Report on Burrowing Owl Mitigation (California Department ofFish and Game 1995). Compliance with this mitigation measure may include, but not be limited to, the following: Avoidance of occupied burrows during the nesting season (February 1 through August 31); Acquisition, protection and funding for long-term management and monitoring of foraging habitat adjacent to occupied habitat; . Enhancement of existing burrows and/or creation of new burrows; . Passive relocation of burrowing owls. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 6. Subject to the review of the Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities on the project site, a survey shall be conducted by a qualified biologist to determine if active nest(s) of protected birds are present in the construction zone or within 200 feet of the construction zone. Areas within 20 EMC Planning Group Inc. Hollyhock Hills Subdivision Mitigation Monitoring Program 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. This survey shall be required only if any construction would occur during the nesting and! or breeding season of protected bird species (generally March 1 through August 1). If active nest(s) are found, clearing and construction within 200 feet of the active nest(s) shall be postponed or halted until the nest(s) are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting, at the discretion of the biologist. If construction activities are not scheduled between March 1 and August 1, no further surveys shall be required. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 7. Subject to the review of the Gilroy Planning Division, prior to initiation of construction activities, the project aplicant shall contract with a qualified biologist to flag the boundary of the ordinary high water mark of the creek. No fi8ll or equipment shall be allowed below the ordinary high water mark. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 10. Prior to initiation of construction activities for the road crossing, subject to the review of the Gilroy Engineering Division, the project applicant shall install siltation fencing, hay bales, or other suitable erosion control measures along portions of the seasonal creek in which construction will occur and within 20 feet of construction and! or staging areas in order to prevent sediment from filling the creek. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division 12. Significant trees on the project site shall be retained to the greatest extent feasible. For those significant trees on the project site that must be removed, the project applicant shall retain a qualified biologist or arborist to prepare a written report providing specifications for replacing signifcant trees to be removed. For any significant trees determined to be removed for construction of driveways, utility service lines, and! or individual lots, the project applicant shall retain a qualified biologist or arborist to prepare a written report including the number and location of each significant tree to be removed, the type and approximate size of each significant tree, the reason for removal, and specifications for replacing significant trees to be removed. The written report(s) shall be prepard prior to the commencement of grading ctivities, subject to approvaby the City of Gilroy Planning Division. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division EMC Planning Group Inc. 21 Mitigation Monitoring Program Hollyhock Hills Subdivision 14. The tree preservation specifications identified in the Hollyhock Hills Construction Impact Assessment (James P. Allen and Associates) shall be printed on all pages of development plans and sdhall be implemented prior to and during construction, as appropriate. These tree preservation specifications include the following measures: . A pre-construction meeting with the project arborist; . Establishment of a tree preservation zone; . Restriction within the dripline of existing trees; . Alteration of grade requirements; . Trenching requirements; . Field decisions; . Tree canopy alteration rewquirements; and Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 17. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included on any permits issued for the project site, including, but not limited to building permits for future development, subject to the review and approval of the Gilroy Planning Division: If archaeological resources or human remains are discovered during construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented (General Plan Policy 5.07). Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 18. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 15064.5(e): If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not EMC Planning Group Inc. 22 Hollyhock Hills Subdivision Mitigation Monitoring Program subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 19. The recommendations of the January 2003 geologic hazards study and the January 2003 preliminary soils engineering report for Hollyhock Hills shall be implemented by the applicant and is subject to the review and approval by the Gilroy Engineering Division. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 22. The project proponent shall submit a Notice ofIntent (NOl) and detailed engineering designs to the Regional Water Quality Control Board. This permit shall require development and implementation of a Storm Water Pollution Prevention Plan that uses storm water "Best Management Practices" to control runoff, erosion and sedimentation from the site. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 23. As part of the normal city review and approval procedures for construction projects the following measures should be incorporated into project plans subject to the review and approval of the Gilroy Engineering Division: . Limit construction activity to weekdays between 7:00 AM and 7:00 PM, and Saturdays and city holidays between 9:00 AM and 7:00 PM, with no construction on Sundays. . Require that all internal combustion engine-driven equipment are equipped with mufflers, which are in good condition and appropriate for the equipment. . Locate stationary noise-generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area; and . Construct sound walls or other noise reduction measures prior to developing the project site. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division 23 EMC Planning Group Inc. I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2003-62 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 15th day of September, 2003, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 10th day of October, 2003. ~~, (Seal)