Resolution 2004- 10
RESOLUTION NO. 2004-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
MAKING CERTAIN FINDINGS REQUIRED BY THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) IN CONNECTION WITH
THE MESA RIDGE PROJECT, APN 810-28-001, FOR WHICH AN
ENVIRONMENTAL IMPACT REPORT HAS BEEN PREPARED, AND
ADOPTING THE MITIGATION MEASURES AND APPROVING A
MITIGATION MONITORING PROGRAM FOR THE PROJECT
WHEREAS, the City of Gilroy ("City") prepared a Final Environmental Impact Report
("FEIR" or "Final EIR") for the Mesa Ridge project ("Project"); and
WHEREAS, the Final EIR for the Mesa Ridge Subdivision consists of the Draft EIR
("DEIR") dated August 2003 (State Clearinghouse Number 2003012070), the Final EIR dated
October 2003, addended by the City Council based on correspondence and testimony by the
environmental consultants, responsible agencies and the public prior to certification of the Final
EIR; said documents prepared for the City of Gilroy by EMC Planning Group Inc.; and
WHEREAS, a Notice of Preparation was prepared and comments received from
responsible agencies pursuant to Public Resources Code Section 21080.4. The Notice of
Preparation response period began on January 21, 2003 and ended on February 19, 2003. A
public scoping meeting was noticed, and held at Gilroy City Hall on February 20,2003; and
WHEREAS, a Draft EIR was circulated for public review for 45 days beginning on
August 15,2003 and ending on September 29,2003. The Notice of Availability was posted by
the Santa Clara County Clerk on August 26, 2003, and published in the Gilroy Dispatch on
August 18,2003. Copies ofthe proposed Final EIR were sent out on October 31,2003, to public
agencies who commented on the Draft EIR, and made available for public review; and
WHEREAS, the proposed Final EIR, and the Project itself were considered at duly
noticed Planning Commission public hearings on November 6, 2003, December 4, 2003, and
January 8, 2004, and at a duly noticed City Council public hearing on January 20, 2004; and
WHEREAS, the Project as described in the DEIR proposed a conservation area
("Conservation Area") of approximately 6 acres for the California Tiger Salamander and the
DEIR identified that the size of the Conservation Area and its configuration were not sufficient
to mitigate the impacts to the California Tiger Salamander and that the Project would reduce the
viability of the habitat located on adjacent properties by constricting the connection between the
two habitat preserves that are adjacent to the Project site; and
WHEREAS, the DEIR set forth a mitigation measure that required modification of the
tentative map to provide a Conservation Area acceptable to the California Department of Fish &
Game; and
WHEREAS, the tentative map and the Project have been modified to increase the size
and configuration of the Conservation Area, in accordance with the recommendations of a
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qualified biologist, and the California Department ofFish & Game and United States Department
of Fish & Wildlife, and the mitigation measures contained in the DEIR have been modified to
clearly incorporate all of the recommendations of the qualified biologist, subject to the approval
of the California Department of Fish & Game and the United States Department of Fish &
Wildlife, as set forth in Appendix E of the DEIR; and
WHEREAS, CEQA requires that, in connection with the approval of a project for which
an EIR has been prepared which identifies one or more significant environmental effects, the
decision-making agency make certain findings regarding those effects;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
GILROY, AS FOLLOWS:
1. This Council hereby finds and affirms that the FEIR has been completed in
compliance with CEQA; that the City Council has reviewed and analyzed the FEIR and other
information in the record and has considered the information contained therein, including the
written and oral comments received at the public hearings on the FEIR and the Project, prior to
acting upon or approving the Project; and that the FEIR represents the independent judgment of
the City; and
2. The Findings and recommendations set forth herein are made by this Council as
the City's findings under the California Environmental Quality Act ("CEQA") (Pub. Resources
Code ~ 21000 et seq.) and the CEQA Guidelines (Cal. Code Regs., title 14, ~15000 et sea.)
relating to the Project. The Findings provide the written analysis and conclusions of the Council
regarding the Project's environmental impacts, mitigation measures and alternatives to the
Project.
4. The Mitigation and Monitoring and Reporting Program for the Project is attached
to this resolution as Exhibit A and is incorporated and adopted as part of this resolution herein.
The Program identifies impacts of the Project and corresponding mitigation measures and
designates responsibility for mitigation implementation and the agency responsible for the
monitoring action.
5. This Council hereby finds and recognizes that the FEIR contains additions,
clarifications, modifications and other information in its responses to comments on the DEIR for
the Project, and also incorporates information obtained by the City since the DEIR was issued.
This Council hereby finds and determines that such changes and additional information are not
significant new information as that term is defined under the provisions of CEQA, because such
changes and additional information do not indicate that any new significant environmental
impacts not already evaluated would result from the Project and do not reflect any substantial
increase in the severity of any environmental impact. No feasible mitigation measures
considerably different from those previously analyzed in the DEIR have been proposed that
would lessen significant environmental impacts of the Project; and no feasible alternatives
considerably different from those analyzed in the DEIR have been proposed that would lessen
significant environmental impacts of the Project. Accordingly, this Council hereby finds and
determines that recirculation of the FEIR for further public review and comment is not required
under CEQA; and
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6. This Council does hereby designate the City Clerk's office of the City of Gilroy,
at 7351 Rosanna Street, Gilroy, California 95020, as the custodian of documents and record of
proceedings on which the decision is based; and
7. This Council does hereby make the foregoing findings with respect to the
significant effects on the environment of the Project based on facts within the administrative
record as a whole, and as identified in the FEIR, with the stipulation that all information in these
findings is intended as a summary of the full administrative record supporting the FEIR. Any
mitigation measures and/or alternatives that were suggested by commenters on the DEIR and not
adopted as part of the FEIR are hereby expressly rejected for the reasons stated in the responses
to the comments set forth in the FEIR and in the record:
FINDINGS
Pursuant to CEQA, the City Council finds as follows:
1. Final EIR
The Final EIR analyzes and evaluates plans and actions for development of the Mesa Ridge
Project. The City Council finds, in accordance with CEQA Guidelines section 15091, that the
Final EIR is fully adequate to consider these plans and actions; that no significant new
environmental impacts not already evaluated in the Draft EIR were presented in the Final EIR,
and that revisions to mitigation measures presented in the Final EIR and made at the direction of
the City Council at the January 20, 2004 public hearing clarify and refine the mitigation
measures in the Draft EIR and do not alter the substantive content of the measures; that the
public has had a meaningful chance to comment; that subsequent changes proposed in the Project
and presented to the City Council at the January 20,2004 public hearing were primarily for the
purpose of implementing further environmental mitigation, and would not require substantive
revisions of the Final EIR; and that no new information of substantial importance to the Project
analyzed in the Final EIR has become available in the time since the Final EIR was prepared.
2. Impacts Mitigated to a Less Than Significant Level
Air Quality
Potentially Significant Impact - Construction Emissions. PMlO (fine particulate) can cause
respiratory ailments if breathed into the body. Large construction projects involving grading and
other earth movement can generate significant quantities of PMlO. Projects involving large
amounts of earth movement near sensitive receptors such as residences can have a potentially
significant health impact. Sensitive receptors near the project site could be affected by emissions
from construction equipment, as well as the generation of significant quantities of PMlO during
site preparation activities. This is considered a potentially significant environmental impact.
Findings of Fact. The City of Gilroy City Council hereby finds that the following mitigation
measure is feasible and, when implemented, will effectively mitigate significant adverse effects
from construction related air emissions because they would substantially reduce the amount of
airborne dust generated at the Project site. Watering the site, covering trucks and stockpiles,
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hydro seeding or soil stabilizing, and planting vegetation would contain dust on the ground at the
site. Limiting traffic speeds on unpaved roads would reduce the amount of dust lifted into the air
by vehicles. Installing sandbags and sweeping would remove exposed dust and silt from streets
adjacent to the site. Requiring efficiency and proper maintenance for construction equipment
would reduce exhaust levels. Implementation of the mitigation measure is the responsibility of
the future developer(s) of the project site. The mitigation measure is fully enforceable by the
City of Gilroy, and the Gilroy Engineering Division will monitor construction activities of each
future development project on the project site to ensure compliance with the measure. No
modifications have been made to the mitigation measures following circulation ofthe Draft EIR.
20. The project proponent shall specify in project plans the implementation of the following
dust control measures during grading and construction activities for the proposed project.
The measures shall be implemented as necessary to adequately control dust, subject to the
review and approval by the City of Gilroy Engineering Division:
· 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;
· 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.
· Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas
(previously graded areas inactive for fourteen 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 quickly as possible.
· Place 100 linear feet of 6 to 8 inch average diameter cobble at all exit points to
dislodge and trap dirt from vehicle tires;
· Suspend excavation and grading activity when winds (instantaneous gusts) exceed
25 miles per hour; and
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· Limit the area subject to excavation, grading and other construction activity at any
one time.
21. The following measures shall be incorporated into all project plans, subject to the review
and approval of the City of Gilroy Engineering Division:
· Idling time of 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.
Biological Resources
Potentially Significant Impact - California Tiger Salamander. The project site contains
potential upland estivation habitat for the California tiger salamander (Ambystoma californiense),
which is proposed for listing as "threatened" by the U.S. Fish and Wildlife Service, and is
"protected" and a "species of special concern" under the custodianship of the California
Department of Fish and Game. The tentative map analyzed in the Draft EIR proposed a habitat
conservation area between the approved Christopher conservation easement and the existing
Eagle Ridge conservation easement that was considered too narrow to provide an effective
connection between the two, thus reducing the habitat value of the Christopher conservation
easement. A California tiger salamander breeding pond is located on the Eagle Ridge property,
and the project site provides a critical link to the approved Christopher conservation easement
from that pond. In addition, construction of the proposed project could result in direct injury or
death of California tiger salamanders ifthey are present.
Findings of Fact. The City of Gilroy City Council hereby finds that the project site and adjacent
conservation easements provide important potential habitat for the California tiger salamander,
which is a special status species. Because the Conservation Area identified in the DEIR is
inadequate the mitigate the identified impacts, Mitigation Measure 1 requires modification of the
tentative map to provide greater continuity with the Christopher habitat conservation easement
prior to approval of the tentative map by the Council. Subsequent to preparation of the Draft
EIR, the applicant has met and reached an agreement with the California Department of Fish and
Game regarding the size and configuration of the on-site conservation easement. The Final EIR
presented a revised tentative map that results in the development of approximately 12 acres (62
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percent) of the project site, and preservation of approximately 7.2 acres (38 percent) as habitat
preserve. The revised tentative map increases the contiguous length of the conservation
easement with the Christopher habitat conservation easement from approximately 510 feet to
approximately 740 feet. Mitigation Measure 1 has also been modified in the Final EIR to require
the approval of the U.S. Fish and Wildlife Service in addition to that of the California
Department of Fish and Game. Per a September 26, 2003 letter from Dave Johnston, biologist
with the California Department of Fish and Game, to Gregg Polubinsky at the City of Gilroy
Planning Division, the California Department of Fish and Game has approved the size of the
conservation area as shown on the revised tentative map, as presented in Figure 1 in the Final
EIR. An October 31, 2003 telephone conversation between Richard James, Senior Planner at
EMC Planning Group Inc. and Valary Bloom at U.S. Fish and Wildlife Service confirmed that
the U.S. Fish and Wildlife Service found the revised tentative map's approximate 7.25-acre
habitat conservation easement acceptable as long as 20 acres of off-site habitat preservation were
provided through purchase of conservation easements. A requirement for the acquisition of 20
acres of off-site California tiger salamander habitat preservation has been added to Mitigation
Measure 4.
The Draft EIR states that mitigation of California tiger salamander habitat off-site could result in
a significant unavoidable impact due to diminished value of the Christopher conservation
easement and restricted wildlife movement if the Conservation Area remained in its proposed
size and configuration. The City Council hereby finds that the combination of on-site and off-
site mitigation, as has been modified prior to Project approval, for the California tiger
salamander would not result in a significant and unavoidable impact because the on-site
mitigation is adequate to preserve a viable connection between the Christopher and Eagle Ridge
conservation easements, as evidenced by the biological reports contained in the FEIR and the
agreement as to the suitability of the revised tentative map by the California Department of Fish
and Game and the U.S. Fish and Wildlife Service.
Following the end of the public review period, based on revisions to the tentative map and
comments received during the public review period, several changes to mitigation measures 1,2,
3, 4, 6, 9, 10, 11, and 12 were made. Refinements to the mitigation measures included:
clarification that habitat restoration applies to Parcel A and Parcel B as shown on the tentative
map; that habitat restoration shall include appropriate native plants; that the applicant shall be
responsible for habitat restoration on the existing road by bond or performance prior to approval
of the final map; that management of the habitat is a permanent, rather than multi-year
commitment, that any type of creek crossing, be it a bridge or a culvert, is required by the
applicable measures; and that the United States Fish and Wildlife Service and California
Department of Fish and Game, and not the City of Gilroy Planning Division, are responsible for
monitoring habitat-related measures. The mitigation measures, as revised following the public
review period, will be equally effective or more effective than those proposed in the Draft EIR.
The City of Gilroy City Council further finds that since the end of the public review period a new
mitigation measure (Mitigation Measure 6a) has been added to further protect the California tiger
salamander and to ensure that the project does not result in a violation of the federal Endangered
Species Act. Mitigation Measure 6a would require a federal take permit, at the direction of the
U.S. Fish and Wildlife Service, in the event that the California tiger salamander is elevated to
listed status under the federal Endangered Species Act. The City of Gilroy City Council hereby
finds that the changes to the mitigation measures clarify and refine the mitigation measures in the
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Draft EIR and do not alter the substantive content of the measures. The City of Gilroy City
Council further finds that the mitigation measures, as revised, are feasible, and when
implemented, will reduce potential impacts to the California tiger salamander to a less than
significant level.
A further revised tentative map presented to the City Council at the public hearing on January
20, 2004, included several additional features consistent with the recommendations of the
Thomas Reid and Associates biological survey and assessment report dated February 19, 2003
(Draft EIR Appendix E). The City Council hereby finds that certain provisions included on that
revised tentative map and other recommendations included in the Thomas Reid biological survey
and assessment and not specifically described in the mitigation measures presented in the Draft
EIR are appropriate and should be included in the final mitigation program for the project.
Therefore, the following provisions have been added to the mitigation plan required by
Mitigation Measure 4: development of a salamander breeding pond within the habitat
conservation area; adaptive management of the habitat conservation area in the event that the
management plan as originally set out fails to meet goals of the plan; use of an arched culvert
and salamander barriers to direct salamander travel beneath the project entry road, in place of
bullet points 4 and 5 required rolled curbs and drainage swales; and, a requirement of native
landscaping at project homes to protect the integrity of the restored habitat within the habitat
conservation area. Additionally, Mitigation Measure 5 has been incorporated into Mitigation
Measure 4. The mitigation measures, as revised subsequent to the project's consideration by the
Planning Commission, will be equally effective or more effective than those proposed in the
Draft EIR. The City of Gilroy City Council herby finds that the changes to the mitigation
measures clarify and refine the mitigation measures in the Draft EIR and do not alter the
substantive content ofthe measures.
The biologist relied upon by the environmental consultants, and the California Department of
Fish and Game have found that the on-site mitigation incorporated into the Project would reduce
the impacts of the Project on the California tiger salamander and the California red-legged frog
to less-than-significant levels. The City Council concurs in this finding, and with the
requirement to provide an off-site conservation easement of 20 acres as requested by the U.S.
Fish and Wildlife Service.
The City of Gilroy City Council finds that Mitigation Measure 1 will be adequately implemented
through the proposed revisions to the tentative map and the agreement to the size of the
conservation area by of the California Department of Fish and Game and the U.S. Fish and
Wildlife Service.
The City of Gilroy City Council finds that a change has been made to Mitigation Measure 6a to
reflect that implementation of the measure would be required prior to issuance of a grading or
building permit, rather than prior to the tentative map approval. This change recognizes that
although as of January 20, 2004, the federal status of California tiger salamander remained
"proposed for listing," and that the species had not been re-designated as a federally listed
species, that consultation with the U.S. Fish and Wildlife Service may remain a requirement at
some future project approval ifthe federal California tiger salamander protection status changes.
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Implementation of the mitigation measures is the responsibility of the future developer(s) of the
project site. The mitigation measures are fully enforceable by the City of Gilroy and/or the U.S.
Fish and Wildlife Service and California Department of Fish and Game, and documentation of
compliance from a biologist will be required.
1. Prior to the approval of the tentative map, the project applicant shall revise the tentative
map to provide conservation easement area for the preservation of California tiger
salamander habitat. The final design shall provide a conservation easement area that is
contiguous with adjacent habitat preservation areas and shall be approved by the Gilroy
Planning Division in coordination with the California Department of Fish and Game and
the United States Fish and Wildlife Service.
Note: The tentative map was revised to include 7.25 acres of California tiger salamander
habitat conservation easement area. In addition, the applicant has agreed to provide 20
acres of off-site habitat (see Mitigation Measure 4). This total mitigation area has been
approved by California Department of Fish and Game and the U.S. Fish and Wildlife
Service.
2. Prior to approval of the final map, the project applicant shall create a State-certified
homeowners' association, or other suitable mechanism, for maintaining and funding the
ongoing management of the habitat conservation easement, including both Parcel A and
Parcel B. The homeowners' association, or other suitable mechanism, shall be structured
so that it is responsible for enforcing habitat protection and maintenance measures to
protect onsite biological resources. The homeowners' association may assess fines to
property owners who are non-compliant with these measures. Fines assessed by the
homeowner's association shall be used for on-site habitat protection, maintenance, and
restoration, as necessary. Any noncompliance shall be reported to the California
Department of Fish and Game and the United States Fish and Wildlife Service by the
homeowners' association. The homeowners' association shall submit an annual report
from a qualified biologist to the California Department of Fish and Game and the United
States Fish and Wildlife Service.
3. Prior to approval of the final map, the project applicant shall prepare a conservation
easement deed that includes permanent protection of the habitat conservation area,
including both Parcel A and Parcel B, by prohibiting incompatible uses. The
conservation easement shall be held in common trust by the homeowner's association.
Educational brochures regarding the habitat easement area shall be distributed to
potential home purchasers.
The deed for each property shall include the Covenants, Codes, and Restrictions
(CC&Rs) that disclose the common trust ownership of the conservation easement. The
CC&Rs shall prohibit removal or disturbance of vegetation, grading, installation of
structures, roads, water tanks, surface or sub surface utility lines, animal grazing, motor
vehicle and bicycle use, pets, storage, dumping, or any other activities except as may be
necessary to reduce the potential risk of wildfires, to maintain the vigor of the habitat, to
maintain the diversity and value of the habitat, or to otherwise ensure the long-term
maintenance of the habitat. Any vegetation clearing to reduce the risk of wildfire should
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be limited to 50 feet from any lot line. The CC&Rs shall be disclosed to potential
homebuyers prior to acquisition ofthe each home.
4. Prior to the approval of the final map, in coordination with the California Department of
Fish and Game and U.S. Fish and Wildlife Service, the project applicant shall prepare a
California tiger salamander mitigation plan. The plan shall provide management steps
for improving and maintaining the viability of the project site as California tiger
salamander estivation habitat in perpetuity. The mitigation plan should include, but not
be limited to, the following:
· preservation by conservation easement of 20 acres of suitable off-site California
tiger salamander habitat;
· restoration of upland habitat on Parcel A and Parcel B, including the removal of
asphalt scatter, fill material, and compacted road surfaces, as necessary, and
revegetation of these areas with appropriate native plant materials. This shall be
bonded or completed by the project applicant prior to approval ofthe final map;
· development of a breeding pond within the lower elevation area of the habitat
conservation area, including a salamander introduction program if deemed
necessary by California Department of Fish and Game or United States Fish and
Wildlife Service;
· maintenance of the habitat;
· provisions to ensure the necessary funding and monitoring ofthe habitat;
· provisions for adapting the management plan in response to new information or
changes in the conditions within the habitat conservation area, or if the goals of the
habitat conservation area are not being met;
· use of salamander barriers and arched culvert (s) beneath the project access road to
allow salamander passage under the road and to prevent salamanders from crossing
on the surface of the road;
· a signage plan that outlines the number and location of signs installed to inform
people of the potential presence of sensitive amphibians, to prevent people from
straying into the habitat preserve, and to prohibit dogs in the habitat preserve;
exceptions for use of portions of the habitat conservation area for picnic grounds or
playgrounds, not to exceed one-quarter of an acre shall be approved by the
California Department ofFish and Game;
· a permanent commitment for the management ofthe habitat;
· a requirement that plant materials used in landscaping at homes, along streets, or in
open space areas within the project, use exclusively plants native to northern
California, and placement of a deed restriction to that effect on all lots within the
project; and,
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· educational material for distribution to residents by the homeowners' association.
5. Mitigation Measure 5 of the Draft EIR and Final EIR has been incorporated into
Mitigation Measure 4, above.
6. Prior to initiation of construction actIVItIes, subject to the review of the California
Department of Fish and Game and United States Fish and Wildlife Service, and the
review and approval of the Gilroy Planning Division, the project applicant shall develop
and implement a California tiger salamander salvage program to prevent death or injury
to individual salamanders during grading or construction operations. The salvage
program should include measures to remove individual salamanders from the project site
prior to and during project grading and construction, and to relocate them to nearby
protected habitat or other suitable locations. Appropriate measures should be
incorporated to prevent California tiger salamanders from entering the site during
construction activities.
6a. Prior to the issuance of a grading or building permit, the Gilroy Planning Division shall
contact the United States Fish and Wildlife Service, or review the Federal Register to
determine the legal status of the California tiger salamander and to determine whether
construction activities could result in an illegal take of this species. If the California tiger
salamander is a listed species with legal protection under the Federal Endangered Species
Act at the time the building permit is issued, then the applicant shall consult with the
United States Fish and Wildlife Service to determine the appropriate method for
obtaining an incidental take permit. Evidence of the incidental take permit shall be
submitted to the Gilroy Planning Division prior to issuance of the grading or building
permit.
Potentially Significant Impact - California Red-legged Frog. Portions of the project site
contain potential California red-legged frog (Rana aurora draytonii) habitat. California red-legged
frogs may potentially inhabit and breed in ponds and seasonal pools in the area, and may
potentially disperse through the riparian woodland on the project site during the rainy season.
Construction of the proposed project could result in injury or death of California red-legged frogs
if they are present.
Findings of Fact. The City of Gilroy City Council hereby finds that the project site includes
habitat that is potential habitat for California red-legged frog, which is a special status species.
The City of Gilroy City Council further finds that the mitigation measures provided to mitigate
for potential impacts to California tiger salamander, as revised, and as recited above, would
mitigate potential' impacts to California red-legged frog to a less than significant level for the
reasons set forth in the FEIR.
Potentially Significant Impact - Burrowing Owl. Burrowing owl (Athene cunicularia), a
California "special status species," is listed in the California Department of Fish and Game
Natural Diversity Database as occurring approximately three miles northwest of Gilroy, and the
project site provides potential habitat for burrowing owls. Burrowing owls were not observed
during field investigations. However, if active burrowing owl nests were discovered on or
immediately adjacent to the project site, construction and site preparation activities within or
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immediately adjacent to the nests conducted during the nesting season could result in the direct
loss of nests, eggs, and/or young, or the abandonment of an active nest by the adults. The loss of
active burrowing owls or their nests would be a significant impact.
Findings of Fact. The City of Gilroy City Council hereby finds that the project site is potential
habitat for burrowing owl, which is a special status species. The City of Gilroy City Council
further finds that the following mitigation measure is feasible and, when implemented, will
effectively mitigate significant adverse effects on potentially occurring nesting burrowing owls
by ensuring that no active nests are disturbed. Implementation of the mitigation measure is the
responsibility of the future developer(s) of the project site. The mitigation measure is fully
enforceable by the City of Gilroy and the California Department of Fish and Game, and the
Gilroy Planning Division will require documentation of compliance from a qualified biologist.
No modifications have been made to the mitigation measure after circulation ofthe Draft EIR.
7. Subject to the review of the City of 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; and
· Passive relocation of burrowing owls.
Potentially Significant Impact - Loggerhead Shrike and Nesting Raptors. The trees located
on and adjacent to the project site have the potential to provide nesting habitat for loggerhead
shrike (Lanius ludovicianu) and several protected raptors including golden eagle (Aquila
chrysaetos), Cooper's hawk (Accipiter cooperii), white-tailed kite (Elan us leucurus), northern
harrier (Circus cyaneu), short-eared owl (Asio flammeus) and sharp-shinned hawk (Accipiter
striatus). Abandoned nests, evidence of past nesting activity, were observed in the trees along
Farman Canyon Creek. The species of bird using the nests was not ascertained, but if active
nest(s) of protected bird species should exist in the trees, construction and site preparation
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activities, if conducted during the nesting season, could result in the direct loss of nests, eggs,
and/or young, or the abandonment of active nests by the adults. The loss of individuals of these
species or abandonment of their nests would be a significant impact.
Findings of Fact. The City of Gilroy City Council hereby finds that the project site includes
potential habitat for loggerhead shrike and raptors, which are protected birds. The City of Gilroy
City Council further finds that the following mitigation measure is feasible and, when
implemented, will effectively mitigate significant adverse effects on potentially occurring
loggerhead shrike and nesting raptors by ensuring that no active nests are disturbed.
Implementation of the mitigation measure is the responsibility of the future developer(s) of the
project site. The mitigation measure is fully enforceable by the City of Gilroy and the California
Department of Fish and Game, and the Gilroy Planning Division will require documentation of
compliance from a qualified biologist for each future development project at the project site. No
modifications have been made to the mitigation measure after circulation of the Draft EIR.
8. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior
to commencement of grading or construction activities, a tree survey shall be conducted
by a qualified biologist to determine if active nest(s) of protected birds are present in the
trees. 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 potentially nesting in the tree (generally March 1 through August
1). If active nest(s) are found, clearing and construction within 200 feet of the tree shall
be halted until the nest(s) are vacated and juveniles have fledged and there is no evidence
of a second attempt at nesting, as determined by the qualified biologist. If construction
activities are not scheduled between March 1 and August 1, no further shrike or tree
surveys shall be required.
Potentially Significant Impact - Riparian Habitat. Riparian vegetation grows within and
adjacent to Farman Canyon Creek, which flows along the northwestern and northeastern edges of
the project site. The proposed project includes creek crossings that could remove or alter the
riparian habitat or the streambed of Farman Canyon Creek. The California Department of Fish
and Game classifies riparian woodland as a "high priority" habitat, and regulates alterations of
streambeds under Section 1600 et seq. of the California Fish and Game Code. Construction of
the proposed project could result in removal or alteration of riparian woodland habitat or the
streambed, which would be considered a significant adverse impact.
Findings of Fact. The City of Gilroy City Council hereby finds that the project site contains
riparian habitat, which is a high priority habitat. The City of Gilroy City Council further finds
that modifications were made to the mitigation measures to clarify that the measures applied
equally to any type of crossing over Farman Canyon Creek, whether the crossing be a bridge, a
culvert, or other type of crossing, and that the modifications do not alter the substantive content
of the measures. The mitigation measures, as revised, will be equally effective or more effective
than those proposed in the Draft EIR. The City of Gilroy City Council hereby finds that the
following mitigation measures, as revised, are feasible and, when implemented, will effectively
mitigate significant adverse effects on riparian habitat by ensuring that riparian habitat is
preserved and revegetated, if disturbed. Implementation of the mitigation measure is the
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responsibility of the future developer(s) of the project site. The mitigation measures, as revised
are fully enforceable by the City of Gilroy, and/or the California Department of Fish and Game,
and the Gilroy Planning Division will require documentation of compliance from a biologist.
9. Prior to the commencement of bridge or other creek crossing construction activities, 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. Bridge
or other creek crossing construction work shall to be initiated and completed during the
summer and fall months when the water levels are low. Typically, no construction work
is allowed in the creek between October 15 and early June.
10. Prior to commencement of bridge or other creek crossing construction activities, the
project applicant shall have a qualified biologist prepare a revegetation plan 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 bridge construction activities shall be mitigated on-site
at a minimum 3: 1 replacement ratio.
11. Prior to the commencement of bridge or other creek crossing construction activities,
subject to the review of the Gilroy Planning Division, the project applicant shall install
siltation fencing, hay bales, or other suitable erosion control measures along portions of
Farman Canyon 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.
Potentially Significant Impact - U.S. Army Corps of Engineers Jurisdictional Waters.
Farman Canyon Creek, which flows along the northwestern and northeastern edges of the project
site, is a jurisdictional water of the United States. If any bridge or culvert construction work
takes place below the ordinary high water mark of the creek, the work would be subject to U.S.
Army Corps of Engineers jurisdiction and could require a fill permit under Section 404 of the
Clean Water Act. Fill or construction work within jurisdictional waters would be considered a
significant adverse impact.
Findings of Fact. The City of Gilroy City Council hereby finds that the project site contains
jurisdictional waters of the United States, work within which may require a permit from the U.S.
Army Corps of Engineers. The City of Gilroy City Council hereby finds that since public review
of the Draft EIR, a modification was made to the mitigation measure to clarify that the measure
applies equally to any type of crossing over Farman Canyon Creek, and does not alter the
substantive content of the measure. The mitigation measure as revised will be equally effective
or more effective than that proposed in the Draft EIR. The City of Gilroy City Council hereby
finds that the following mitigation measure, as revised, is feasible and, when implemented, will
effectively mitigate significant adverse effects on jurisdictional waters of the United States.
Implementation of the mitigation measure is the responsibility of the future developer(s) of the
project site. The mitigation measure, as revised is fully enforceable by the City of Gilroy and/or
the U.S. Army Corps of Engineers, and the Gilroy Planning Division will require documentation
of compliance.
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12. Prior to approval of the Final Map, the project applicant shall contact the United States
Army Corps of Engineers (USACE) to determine if a permit is required for bridge or
other creek crossing construction and shall comply with any required conditions imposed
by the USACE. If a permit is required, the permit shall be obtained prior to issuance of
the Final Map. If a permit is not required, evidence to that fact shall be provided to the
City Engineering Division.
Potentially Significant Impact - Wildlife Movement. The project site is situated between
conservation easements at the Christopher property to the southeast and the Eagle Ridge property
to the northwest, and the project site provides a critical movement corridor between the two
conservation easements. Without an adequately sized connection between the two, movement of
special status species between and within the corridor would be diminished and the smaller
conservation easement at the Christopher property would lose substantial habitat value.
Findings of Fact. The City of Gilroy City Council hereby finds that the project site provides
critical movement habitat between the approved conservation easement at the Christopher
property and the existing conservation easement at the Eagle Ridge development. The City of
Gilroy City Council further finds that the changes to the tentative map, as well as the mitigation
measures provided to mitigate for potential impacts to California tiger salamander, as revised and
as recited above, would mitigate potential impacts to wildlife movement to a less than significant
level, for the reasons stated above.
Potentially Significant Impact - Local Policies Protecting Biological Resources. The City of
Gilroy Consolidated Landscape Policy defines native trees six inches or greater in diameter as
significant. Several trees within Farman Canyon Creek qualify as significant under the policy.
Construction of the creek crossings could potentially require removal of significant trees. Gilroy
2020 General Plan Policy 20.04 limits development in areas supporting rare or endangered
speCIes.
Findings of Fact. The City of Gilroy City Council hereby finds that the following mitigation
measure is feasible and, when implemented, will effectively mitigate significant adverse effects
from conflicts with biological protection policies by protecting significant trees and requiring
replacement if removed. Implementation of the mitigation measure is the responsibility of the
future developer(s) of the project site. The mitigation measure is fully enforceable by the City of
Gilroy, and the Gilroy Planning Division will monitor construction activities at the project site to
ensure compliance with the measure. No modifications have been made to the mitigation
measure after circulation of the Draft EIR.
13. Prior to building permit submittal, the project applicant shall submit a plan to the Gilroy
Planning Division indicating the location, size and species of existing trees found within
the project site boundaries. The plan shall indicate which trees are planned for removal.
Based on review of the plan, the City shall determine which trees, if any, are
"significant. "
If significant trees are determined to be located on the project site, these trees shall be
retained, to the greatest extent feasible. The drip line of significant trees to be retained
shall be fenced prior to grading activities to prevent root damage. If retention of all
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significant trees on the project site is not feasible, a written report shall be prepared by a
certified arborist 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 shall
be prepared prior to the commencement of grading activities, subject to approval by the
City of Gilroy Planning Division.
Cultural Resources
Potentially Significant Impact - Buried Cultural Resources. The City requires archeological
surveys of all sites located within areas of high archeological sensitivity as identified on the City
of Gilroy Historical and Cultural Resources Map. An archeological report was prepared for the
project site by Archeological Consulting on January 31, 2003. The archeological report did not
identify any known archeological resources on the project site; however, there is always the
possibility that unknown archaeologically significant resources could be accidentally discovered
during grading activities. Disturbance of prehistoric or historic cultural resources would be
considered a significant impact.
Findings of Fact. The City of Gilroy City Council hereby finds that the following mitigation
measures are feasible and, when implemented, will effectively mitigate significant adverse
effects on unknown but potentially existing significant archaeological resources by ensuring that
the Project site is monitored by qualified personnel to identify, evaluate, and conserve any
cultural resources found during excavation activities. Implementation of the mitigation measures
is the responsibility of the future developer(s) of the project site. The mitigation measures are
fully enforceable by the City of Gilroy, and the Gilroy Planning Division will monitor
construction activities at the project site to ensure compliance with the measures. No
modifications have been made to the mitigation measures after circulation of the Draft EIR.
22. 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.
23. 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), subject
to the review and approval of the City of Gilroy Planning Division:
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
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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 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.
Hydrology and Flooding
Potentially Significant Impact - On- and Off-Site Flooding. The hydrologic model indicates
that the project would result in an increase in the peak discharge for the 2-year and lO-year storm
events of 11.5 percent and 0.9 percent, and an increase in runoff volume of 10 percent, 5.3
percent and 1.8 percent for the 2-, 10-, and 100-year storm events, respectively. This increase in
off-site storm water discharge could result in flooding along Farman Canyon Creek.
Findings of Fact. The City of Gilroy City Council hereby finds the project has the potential to
result in flooding on Farman Canyon Creek, but that the following mitigation measure would
reduce the effects on flooding to a less than significant level, and in fact, would reduce flooding
on Farman Canyon Creek from existing levels by decreasing storm water flows. The City of
Gilroy City Council further finds that a hydrology report was prepared for the project by Schaaf
and Wheeler on March 4, 2003. Based on that report, flows diverted to Uvas Creek will
contribute only a small portion of the total flows within Uvas Creek, and will not contribute to
flooding on Uvas Creek. The pipe discharging into Uvas Creek is included in the Gilroy Storm
Drain Master Plan, and the storm water run-off from the project site discharging to Uvas Creek
is within the volume and flow anticipated when the Gilroy Storm Drain Master Plan was
adopted.
A modification was made to the mitigation measure following circulation of the Draft EIR to
clarify that pipelines within the project site and connecting to the existing 36-inch line in Thomas
Road must be sized to allow for planned development upstream of the project site, which is
anticipated to be approximately 10 additional houses. The measure was also modified to clarify
that water quality measures shall be implemented outside the conservation easement. The
modifications do not alter the substantive content of the measure, nor do they result in indirect
impacts not covered by the analysis in the Draft EIR. The mitigation measure as revised will be
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equally effective or more effective than that proposed in the Draft EIR. The City of Gilroy City
Council hereby finds that the following mitigation measure, as revised, is feasible and will, when
implemented, effectively mitigate significant adverse effects from storm water run-off from the
project site. Implementation of the mitigation measure is the responsibility of the future
developer(s) of the project site. The mitigation measure, as revised, is fully enforceable by the
City of Gilroy, and the Gilroy Engineering Division will monitor construction activities of each
future development project on the project site to ensure compliance with the measure.
15. The project developer shall construct a 36-inch storm drainage pipe consistent with the
Gilroy Storm Drain Master Plan running east and connecting at Thomas Road and Alder
Avenue to an existing pipe discharging to Uvas Creek. On-site drainage pipes shall be
sized to accommodate future development of the two adjacent properties to the
southwest. The project developer shall enter into a reimbursement agreement with other
benefiting property owners. The project applicant shall incorporate best management
practices into the storm drainage design, including but not limited to installing vegetative
filters, and oil/grease separators, to reduce the level of non-point pollutants discharged
into Uvas Creek. The water quality measures shall be implemented outside the
conservation easement.
Significant Impact - Surface Water Quality During Construction. During construction,
grading would expose sediments to rain or wind erosion and subsequent transportation of
sediments to the Farman Canyon Creek, Uvas Creek, the Pajaro River, and eventually Monterey
Bay. Materials used and wastes generated during construction could affect water quality.
Wastes generated commonly include wash water from concrete mixers, paints and painting
equipment cleaning, oil, grease, and fuel constituents from vehicle use, solid wastes from
vegetation removal during land clearing, and wood and paper materials from packaging of
building products.
Findings of Fact. The City of Gilroy City Council hereby finds that the following mitigation
measures would reduce potential water quality impacts from construction activities to a less than
significant level through the use of adopted best management practices. The City of Gilroy City
Council further finds that the following mitigation measures are feasible and, when implemented,
will effectively mitigate significant adverse construction effects on surface water quality.
Implementation of the mitigation measures is the responsibility of the future developer( s) of the
project site. The mitigation measures are fully enforceable by the City of Gilroy, and the Gilroy
Planning Division will monitor construction activities at the project site to ensure compliance
with the measures. No modifications have been made to the mitigation measures after
circulation of the Draft EIR.
16. The project applicant for any proposed development, shall, for each phase of the
development, submit a Notice of Intent (NOI) and detailed engineering designs to the
Central Coast RWQCB. This permit shall require development and implementation of a
SWPPP that uses storm water "Best Management Practices" to control runoff, erosion
and sedimentation from the site. The SWPPP must include Best Management Practices
that address source reduction and, if necessary, shall include practices that require
treatment. The SWPPP shall be submitted to the City of Gilroy Engineering Division for
review and approval prior to approval of a building permit for each phase of the project.
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17. The project applicant shall submit plans for review by, and obtain an approved permit
from the Santa Clara Valley Water District (SCVWD) prior to any work within 50 feet of
Farman Canyon Creek.
Potentially Significant Impact - Surface Water Quality During Operation. The proposed
project would introduce new urban pollutants to the project site and this may result in storm
water pollution entering Farman Canyon Creek, Uvas Creek, the Pajaro River, and eventually
Monterey Bay. Adequate filtering of contaminates would not occur prior to storm water entry
into the storm drain system. This would be a potentially significant adverse environmental
impact.
Findings of Fact. The City of Gilroy City Council hereby finds that the mitigation measure
presented to prevent on and off-site flooding, as revised and as recited above, includes measures
to reduce the introduction of urban pollutants to storm water flows, and would mitigate potential
impacts to operational surface water quality to a less than significant level for the reasons
identified above.
Geology and Soils
Potentially Significant Impact - Seismic Effects. Potential seismic impacts to the proposed
project include failure or displacement of a structure located on a fault or from violent ground
shaking. The project site may be affected by strong seismic shaking of the San Andreas,
Hayward, and Calaveras faults. A fault trace has previously been indicated to exist on the
project site.
Findings of Fact. The City of Gilroy City Council hereby finds that a geotechnical investigation
was prepared for the project site by Terrasearch, Inc. on September 12, 2002, and that a
supplemental fault investigation was prepared by Terrasearch on October 19, 2002. The
investigations determined that the project site geology is appropriate for construction of the
project and that no evidence of a fault actually exists on the project site as previously believed.
The following mitigation measure would reduce potential impacts from ground shaking
associated with major regional faults to a less than significant level. The City of Gilroy City
Council hereby finds that the following mitigation measure is feasible and, when implemented,
will effectively mitigate significant adverse effects of seismic activity. Implementation of the
mitigation measure is the responsibility of the future developer(s) of the project site. The
mitigation measure is fully enforceable by the City of Gilroy, and the Gilroy Planning Division
will monitor construction activities at the project site to ensure compliance with the measure. No
modifications have been made to the mitigation measure after circulation of the Draft EIR.
14. The project applicant shall design all structures in accordance with the Uniform Building
Code for seismic design. Foundation design should include the use of structural mat or
post-tensioned slab foundations, rather than conventional spread footings. In addition, all
recommendations in the geotechnical reports prepared for the project shall be
implemented. Structural design is subject to the review and approval by the Gilroy
Engineering Division prior to the issuance of a grading or building permit.
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Potentially Significant Impact - Soil Erosion. Although the soils on the project site have a low
to moderate erosion potential slopes may experience erosion if unprotected during the rainy
season. This is considered a potentially significant impact.
Findings of Fact. The City of Gilroy City Council hereby finds that implementation of a
mitigation measure for surface water quality during construction, as recited above, would reduce
the impact to a less than significant level.
Noise
Potentially Significant Impact - Short-Term Construction Noise. Construction would result
in a temporary increase in noise, which could disturb residents in several nearby houses.
Construction noise can become a daily nuisance depending on the timing of construction. This is
considered a potentially significant impact.
Findings of Fact. The City of Gilroy City Council hereby finds that the following mitigation
measure is feasible and, when implemented, will effectively mitigate significant adverse effects
from construction noise by limiting construction noise and the hours of construction.
Implementation of the mitigation measure is the responsibility of the future developer(s) of the
project site. The mitigation measure is fully enforceable by the City of Gilroy, and the Gilroy
Engineering Division will monitor construction activities at the project site to ensure compliance
with the measure. No modifications have been made to the mitigation measure after circulation
of the Draft EIR.
18. The following measures shall be incorporated into the project plans to mitigate
construction noise, subject to the review and approval of the City of Gilroy Engineering
Division:
a. Construction shall be limited to weekdays between 7 AM and 7 PM and Saturdays
and holidays between 9 AM and 7 PM, with no construction on Sundays;
b. All internal combustion engine-driven equipment shall be equipped with mufflers
that are in good condition and appropriate for the equipment; and
c. Stationary noise-generating equipment shall be located as far as possible from
sensitive receptors when sensitive receptors adjoin or are near a construction project
area.
Transportation/Traffic
Potentially Significant Impact - Miller Avenue Design Considerations. Miller Avenue has
wider lanes north of the project site than along the project site frontage. Consistent lane widths
and a prohibition of parking that could block the lanes are desired by the City for the safety of
road users.
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Findings of Fact. The City of Gilroy City Council hereby finds that consistent lane widths and
prohibition of parking on Miller Avenue would promote safe use of the road. The City of Gilroy
City Council further finds that the following mitigation measure is feasible and, when
implemented, will effectively mitigate significant adverse traffic effects. Implementation of the
mitigation measure is the responsibility of the future developer(s) of the project site. The
mitigation measure is fully enforceable by the City of Gilroy, and the Gilroy Engineering
Division will monitor construction of the improvements to ensure compliance with the measure.
No modifications have been made to the mitigation measure after circulation of the Draft EIR.
19. Subject to the review and approval of the Gilroy Engineering Division, improvement
plans shall include widening Miller Avenue in order to provide consistent lane and
shoulder widths along the project frontage. The completed cross section of Miller
Avenue should be similar to the approved plans for the adjacent Eagle Ridge subdivision.
Parking shall be prohibited along Miller Avenue adjacent to the project site.
Significant Unavoidable Impacts
The City Council finds that there are no significant unavoidable impacts. The draft EIR
identified a potential unavoidable impact on the habitat for California tiger salamander and
California red-legged frog if the mitigation was off-site rather than on-site because it would
diminish the value of the habitat preserve at the Christopher property since the access to it from
the Eagle Ridge preserve would be constricted. However, the effect on the salamander is
mitigated to a less than significant effect with on-site preservation as described in the Final EIR
and herein. In addition, there will be an additional preservation of20 acres of habitat off-site.
Cumulative Impacts
Potentially Significant Impact - Air Quality. The Gilroy 2020 General Plan populations are
inconsistent with the regional clean air plan population projections. However, the City Council
adopted a statement of overriding considerations when approving the 2020 General Plan, and
adopted 29 policies and implementing actions, as well as four mitigation measures to reduce air
quality impacts. Pursuant to CEQA Guideline 15183, projects which are consistent with the
development density established by existing general plan policies for which an EIR was certified
do not require additional environmental review except if there are project-specific significant
effects peculiar to the project or site. The proposed Project is consistent with the development
densities in the 2020 General Plan, as well as the previous general plan which was consistent
with the regional clean air plan, and the air quality analysis conducted for the Project revealed
that there was nothing peculiar to the proposed Project or its site.
Potentially Significant Impact - Biological Resources. The draft EIR identified a potential
cumulative impact on habitat for California tiger salamander and red-legged frog because the
habitat area proposed to be set aside on the project site was believed not adequate to meet the
California Fish and Game Department's requirements for habitat preservation, and therefore
would add to statewide declines in appropriate habitat and the species. However, mitigation
measures presented in the Final EIR and described herein mitigate this impact to a less than
significant level.
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The City Council hereby finds, based upon the above facts and the entire record, that there are no
significant cumulative effects.
Growth Inducting Effects
The City Council finds that the Project would not significantly induce further growth. Although
the project would provide the improved access required for development of two adjacent parcels,
their development would result in no greater growth than is planned in the Gilroy 2020 General
Plan.
4. Alternatives
No Project Alternative
The no project alternative consists of not approving the subdivision of the project site. Existing
uses would continue on the project site.
Findings of Fact. The no project alternative ("No Project Alternative") would avoid the
significant impacts to biological resources attributed to the Project in the DEIR. However, as set
forth above, the City Council finds that the Project has been modified in a manner which reduces
the impacts to biological resources to a less-than-significant level. The No Project Alternative
does not achieve the objective of subdividing the project site into residential lots consistent with
the Gilroy 2002-2020 General Plan land use designation and preserving open space in perpetuity
as a habitat conservation effort. The City of Gilroy City Council further finds that the No Project
Alternative would not foster development of the project site and two parcels northwest of the
project site in accordance with development planned in the Gilroy 2002-2020 General Plan, and
in accordance with the RDO allocation previously approved for the site by the Council.
Alternative Design
The alternative design alternative (Alternative Design Alternative") consists of maintaining the
number of residential units, but introducing a combination of detached condominium units and
single-family houses on smaller lots, and increasing the conservation area to one-half of the
project site. The goal of the Alternative Design Alternative was to create a conservation
easement of sufficient size and configuration to reduce the impacts to the California Tiger
Salamander to a less-than-significant level.
Findings of Fact. The City of Gilroy City Council hereby finds that the Alternative Design
Alternative is a feasible alternative that meets the General Plan requirements for the site and
preserves approximately half the site as a conservation easement to provide habitat and
movement corridor for California tiger salamander and California red-legged frog. The
Alternative Design Alternative creates a conservation easement of sufficient size and
configuration to reduce the impacts to the California Tiger Salamander to a less-than-significant
level. With respect to biological impacts, the Alternative Design Alternative was identified as
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the "environmentally superior" alternative in the DEIR. The Alternative Design Alternative
provides a larger on-site habitat conservation easement than the revised tentative map for the
proposed project (9.6 acres compared to 7.28 acres). However, as set forth above, the Project, as
approved, has been modified to incorporate an adequate conservation area.
The conservation easement provided in the revised tentative map has been determined to be
adequate by a qualified biologist and has been approved as adequate by the California
Department of Fish and Game and United States Fish and Wildlife Service, and most
importantly, provides an adequate on-site connection between the Christopher and Eagle Ridge
conservation easements. The biologist and the California Department of Fish and Game have
found that the on-site mitigation incorporated into the Project would reduce the impacts of the
Project on the California tiger salamander and the California red-legged frog to less-than-
significant levels. The City Council concurs in this finding.
In addition, the U.S. Fish and Wildlife Service is requesting that the Project include an additional
20 acres of off-site conservation easement to fully mitigate the impacts. With implementation of
both the on-site and the off-site mitigation, the project would set aside a total of 27.28 acres of
habitat. The Alternative Design Alternative would set aside a total of only 9.5 acres of habitat.
The City of Gilroy City Council hereby finds that the provision of an additional 2.3 acres of on-
site conservation easement beyond that agreed to by the California Department ofFish and Game
would not outweigh the benefit of the 20 acres of off-site conservation easement that will be
required by the United States Fish and Wildlife Service, and that the additional 2.3 acres of on-
site conservation easement would not further protect California tiger salamanders on-site to a
significant extent.
In addition, the City Council finds that the Alternative Design Alternative does not achieve the
Project objective of subdividing the project site into 60 lots for single-family detached
residences. The Alternative Design Alternative would provide only 36 lots for single-family
detached residences, and would provide 24 detached condominium units, which would
substantially alter the character and marketability ofthe Project.
Alternative Location
The alternative location alternative (Alternative Location Alternative") is located in northwest
Gilroy in an area known as the Silveira Annexation, west of Santa Teresa Boulevard and south of
Day Road.
Findings of Fact. The City of Gilroy City Council hereby finds that the Alternative Location
Alternative is a potentially feasible site, but that the site is not under the control of the applicant,
and that the Gilroy Unified School District is currently conducting site suitability and
environmental investigations on the site with the intent of acquiring the property and developing
a high school. Therefore, the site may no longer be available for a residential subdivision. The
City of Gilroy City Council further finds that while the alternative site had reduced potential for
biological impacts, the potential impacts from traffic and loss of prime farmland were greater
than those of the project site, and that the Alternative Location Alternative does not offer a
clearly superior choice compared to the proposed project. The City of Gilroy City Council
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further finds that the Alternative Location Alternative would not foster development of the
project site and two parcels northwest of the project site in accordance with development planned
in the Gilroy 2002-2020 General Plan, and in accordance with the RDO allocation previously
approved for the site by the Council.
For the reasons stated above, and because all potential significant effect of the Project can be
mitigated to a level of insignificance, the City Council hereby rejects the alternatives to the
Project.
5. Mitigation Measures! Mitigation Monitoring Program
Adoption, The City Council hereby adopts the mitigation measures for implementation in
connection with the Project, and adopts the mitigation monitoring program (Exhibit A) in
accordance with CEQA Guidelines section 15097, The City of Gilroy Planning Division is the
agency in charge of overseeing the mitigation monitoring program,
PASSED AND ADOPTED this 2nd day of February, 2004, by the following vote:
AYES:
COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES
VALIQUETTE, VELASCO, AND PINHEIRO
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: NONE
APPROVED:
4A-~~'
Rhonda Pelliil, Ci!y Clerk
lLAC\613832.3
01-012704-04706083
-23-
Resolution No. 2004-10
..
EXHIBIT A
Final Mitigation Monitoring Program
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
environmental impact report.
Monitoring Program Procedures
The City of Gilroy shall use the attached monitoring checklist for the Mesa Ridge
Subdivision. 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
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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 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; and
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. If non-compliance still exists at the expiration of the
specified period of time, construction may be halted and fines may be imposed at
the discretion of the City of Gilroy.
Mesa Ridge Mitigation Monitoring Checklist
Step 1
Prior to approval of the tentative map, the following mitigation measure shall be
implemented:
Mitigation Measure 1
1. Prior to the approval of the tentative map, the project applicant shall revise the
tentative map to provide conservation easement area for the preservation of
California tiger salamander habitat. The final design shall provide a conservation
easement area that is contiguous with adjacent habitat preservation areas and
shall be approved by the Gilroy Planning Division in coordination with the
California Department ofFish and Game and the United States Fish and
Wildlife Service.
Party responsible for implementation:
Applicant
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Party responsible for monitoring:
Gilroy Planning Division
Step 2
Prior to approval of the final map, the following mitigation measures shall be
implemented:
2. Prior to approval of the final map, the project applicant shall create a State-
certified homeowners' association, or other suitable mechanism, for maintaining
and funding the ongoing management of the habitat conservation easement,
including both Parcel A and Parcel B. The homeowners' association, or other
suitable mechanism, shall be structured so that it is responsible for enforcing
habitat protection and maintenance measures to protect onsite biological
resources. The homeowners' association may assess fines to property owners
who are non-compliant with these measures. Fines assessed by the homeowner's
association shall be used for on-site habitat protection, maintenance, and
restoration, as necessary. Any noncompliance shall be reported to the California
Department ofFish and Game and the United States Fish and Wildlife Service
by the homeowners' association. The homeowners' association shall submit an
annual report from a qualified biologist to the California Department of Fish and
Game and the United States Fish and Wildlife Service.
Party responsible for implementation:
Applicant
Parties responsible for monitoring:
Gilroy Planning Division (homeowners' association)
CDFG andlor USFWS (habitat measure conformance)
3. Prior to approval of the final map, the project applicant shall prepare a
conservation easement deed that includes permanent protection of the habitat
conservation area, including both Parcel A and Parcel B, by prohibiting
incompatible uses. The conservation easement shall be held in common trust by
the homeowner's association. Educational brochures regarding the habitat
easement area shall be distributed to potential home purchasers.
The deed for each property shall include the Covenants, Codes, and Restrictions
(CC&Rs) that disclose the common trust ownership of the conservation
easement. The CC&Rs shall prohibit removal or disturbance of vegetation,
grading, installation of structures, roads, water tanks, surface or sub surface
utility lines, animal grazing, motor vehicle and bicycle use, pets, storage,
dumping, or any other activities except as may be necessary to reduce the
potential risk of wildfires, to maintain the vigor of the habitat, to maintain the
diversity and value of the habitat, or to otherwise ensure the long-term
maintenance of the habitat. Any vegetation clearing to reduce the risk of wildfire
should be limited to SO feet from any lot line. The CC&Rs shall be disclosed to
potential homebuyers prior to acquisition of the each home.
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Party responsible Jor implementation:
Applicant
Party responsible Jor monitoring:
Gilroy Planning Division
4. Prior to the approval of the final map, in coordination with the California
Department ofFish and Game and U.S. Fish and Wildlife Service, the project
applicant shall prepare a California tiger salamander mitigation plan. The plan
shall provide management steps for improving and maintaining the viability of
the project site as California tiger salamander estivation habitat in perpetuity.
The mitigation plan should include, but not be limited to, the following:
. preservation by conservation easement of 20 acres of suitable off-site
California tiger salamander habitat;
. restoration of upland habitat on Parcel A and Parcel B, including the
removal of asphalt scatter, fill material, and compacted road surfaces, as
necessary, and revegetation of these areas with appropriate native plant
materials. This shall be bonded or completed by the project applicant prior
to approval of the final map;
. development of a breeding pond within the lower elevation area of the
habitat conservation area, including a salamander introduction program is
deemed necessary by California Department ofFish and Game or United
States Fish and Wildlife Service;
· maintenance of the habitat;
. provisions to ensure the necessary funding and monitoring of the habitat;
. provisions for adapting the management plan in response to new
information or changes in the conditions within the habitat conservation
area, or if the goals of the habitat conservation area are not being met;
. use of salamander barriers and arched culvert (s) beneath the project access
road to allow salamander passage under the road and to prevent
salamanders from crossing on the surface of the road;
. a signage plan that outlines the number and location of signs installed to
inform people of the potential presence of sensitive amphibians, to prevent
people from straying into the habitat preserve, and to prohibit dogs in the
habitat preserve; exceptions for use of portions of the habitat conservation
area for picnic grounds or playgrounds, not to exceed one-quarter of an acre
shall be approved by the California Department of Fish and Game;
· a permanent commitment for the management of the habitat;
. a requirement that plant materials used in landscaping at homes, along
streets, or in open space areas within the project, use exclusively plants
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native to northern California, and placement of a deed restriction to that
effect on all lots within the project; and,
educational material for distribution to residents by the homeowners'
association.
.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
CDFG andlor USFWS
12. Prior to approval of the Final Map, the project applicant shall contact the United
States Army Corps of Engineers (USACE) to determine if a permit is required for
bridge or other creek crossing construction and shall comply with any required
conditions imposed by the USACE. If a permit is required, the permit shall be
obtained prior to issuance of the Final Map. If a permit is not required, evidence
to that fact shall be provided to the City Engineering Division.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Engineering Division
15. The project developer shall construct a 36-inch storm drainage pipe consistent
with the Gilroy Storm Drain Master Plan running east and connecting at Thomas
Road and Alder Avenue to an existing pipe discharging to Uvas Creek. On-site
drainage pipes shall be sized to accommodate future development of the two
adjacent properties to the southwest. The project developer shall enter into a
reimbursement agreement with other benefiting property owners. The project
applicant shall incorporate best management practices into the storm drainage
design, including but not limited to installing vegetative filters, and oill grease
separators, to reduce the level of non-point pollutants discharged into Uvas
Creek. The water quality measures shall be implemented outside the
conservation easement.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Engineering Division
Step 3
Prior to approval and issuance of a grading or building permit, the following mitigation
measures shall be implemented:
6a. Prior to the issuance of a grading or building permit, the Gilroy Planning
Division shall contact the United States Fish and Wildlife Service, or review the
Federal Register to determine the legal status of the California tiger salamander
and to determine whether construction activities could result in an illegal take of
this species. If the California tiger salamander is a listed species with legal
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protection under the Federal Endangered Species Act at the time the building
permit is issued, then the applicant shall consult with the United States Fish and
Wildlife Service to determine the appropriate method for obtaining an incidental
take permit. Evidence of the incidental take permit shall be submitted to the
Gilroy Planning Division prior to issuance of the grading or building permit.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Planning Division
13. Prior to building permit submittal, the project applicant shall submit a plan to the
Gilroy Planning Division indicating the location, size and species of existing trees
found within the project site boundaries. The plan shall indicate which trees are
planned for removal. Based on review of the plan, the City shall determine
which trees, if any, are "significant."
If significant trees are determined to be located on the project site, these trees
shall be retained, to the greatest extent feasible. The drip line of significant trees
to be retained shall be fenced prior to grading activities to prevent root damage.
If retention of all significant trees on the project site is not feasible, a written
report shall be prepared by a certified arborist 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 shall be prepared prior to the
commencement of grading activities, subject to approval by the City of Gilroy
Planning Division.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Planning Division
14. The project applicant shall design all structures in accordance with the Uniform
Building Code for seismic design. Foundation design should include the use of
structural mat or post-tensioned slab foundations, rather than conventional
spread footings. In addition, all recommendations in the geotechnical reports
prepared for the project shall be implemented. Structural design is subject to the
review and approval by the Gilroy Engineering Division prior to the issuance of a
grading or building permit.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Engineering Division
16. The project applicant for any proposed development, shall, for each phase of the
development, submit a Notice of Intent (NOI) and detailed engineering designs
to the Central Coast RWQCB. This permit shall require development and
implementation of a SWPPP that uses storm water "Best Management Practices"
to control runoff, erosion and sedimentation from the site. The SWPPP must
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include Best Management Practices that address source reduction and, if
necessary, shall include practices that require treatment. The SWPPP shall be
submitted to the City of Gilroy Engineering Division for review and approval
prior to approval of a building permit for each phase of the project.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Engineering Division
17. The project applicant shall submit plans for review by, and obtain an approved
permit from the Santa Clara Valley Water District (SCVWD) prior to any work
within SO feet of Farman Canyon Creek.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Engineering Division
18. The following measures shall be incorporated into the project plans to mitigate
construction noise, subject to the review and approval of the City of Gilroy
Engineering Division:
a. Construction shall be limited to weekdays between 7 AM and 7 PM and
Saturdays and holidays between 9 AM and 7 PM, with no construction on
Sundays;
b. All internal combustion engine-driven equipment shall be equipped with
mufflers that are in good condition and appropriate for the equipment; and
c. Stationary noise-generating equipment shall be located as far as possible
from sensitive receptors when sensitive receptors adjoin or are near a
construction project area.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Engineering Division
19. Subject to the review and approval of the Gilroy Engineering Division,
improvement plans shall include widening Miller Avenue in order to provide
consistent lane and shoulder widths along the project frontage. The completed
cross section of Miller Avenue should be similar to the approved plans for the
adjacent Eagle Ridge subdivision. Parking shall be prohibited along Miller
Avenue adjacent to the project site.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Engineering Division
20. The project proponent shall specify in project plans the implementation of the
following dust control measures during grading and construction activities for the
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proposed project. The measures shall be implemented as necessary to adequately
control dust, subject to the review and approval by the City of Gilroy Engineering
Division:
.
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;
.
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.
.
Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas
(previously graded areas inactive for fourteen 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 quickly as possible.
.
Place 100 linear feet of 6 to 8 inch average diameter cobble at all exist points
to dislodge and trap dirt from vehicle tires;
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
21. The following measures shall be incorporated into all project plans, subject to the
review and approval of the City of Gilroy Engineering Division:
. Idling time of construction equipment shall not exceed five minutes;
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.
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 Engineering Division
22. 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.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Planning Division
23. 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), subject to the review and approval of the City of Gilroy Planning
Division:
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
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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 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
Step 5
The following mitigation measures shall be implemented prior to commencement of
constmction:
6. Prior to initiation of construction activities, subject to the review of the California
Department of Fish and Game and United States Fish and Wildlife Service, and
the review and approval of the Gilroy Planning Division, the project applicant
shall develop and implement a California tiger salamander salvage program to
prevent death or injury to individual salamanders during grading or construction
operations. The salvage program should include measures to remove individual
salamanders from the project site prior to and during project grading and
construction, and to relocate them to nearby protected habitat or other suitable
locations. Appropriate measures should be incorporated to prevent California
tiger salamanders from entering the site during construction activities.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Planning Division
Step 6
The following mitigation measures shall be implemented no more than 30 days prior to
commencement of construction:
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7. Subject to the review of the City of 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; and
· Passive relocation of burrowing owls.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Planning Division
8. Subject to the review of the City of Gilroy Planning Division, no more than
30 days prior to commencement of grading or construction activities, a tree
survey shall be conducted by a qualified biologist to determine if active nest(s) of
protected birds are present in the trees. 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
potentially nesting in the tree (generally March 1 through August 1). If active
nest(s) are found, clearing and construction within 200 feet of the tree shall be
halted until the nest(s) are vacated and juveniles have fledged and there is no
evidence of a second attempt at nesting, as determined by the qualified biologist.
If construction activities are not scheduled between March 1 and August 1, no
further shrike or tree surveys shall be required.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Planning Division
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Step 7
The following mitigation measures shall be implemented prior to commencement of
creek crossing construction:
9. Prior to the commencement of bridge or other creek crossing construction
activities, 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. Bridge or other creek crossing construction work
shall to be initiated and completed during the summer and fall months when the
water levels are low. 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
10. Prior to commencement of bridge or other creek crossing construction activities,
the project applicant shall have a qualified biologist prepare a revegetation plan
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
bridge construction activities shall be mitigated on-site at a minimum 3:1
replacement ratio.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Planning Division
11. Prior to the commencement of bridge or other creek crossing construction
activities, subject to the review of the Gilroy Planning Division, the project
applicant shall install siltation fencing, hay bales, or other suitable erosion control
measures along portions of Farman Canyon 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 Planning Division
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13
I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached
Resolution No. 2004-10 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
2nd day of February, 2004, 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 9th day of March, 2004.
~~,
City Clerk ofthe-City of Gilroy
(Seal)