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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 lLAC1613832.3 01-02170441706083 -1- Resolution No. 2004-10 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 lLACI613832.3 01-02170441706083 -2- Resolution No. 2004-10 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, lLAC\613832.3 01-02170441706083 -3- Resolution No. 2004-10 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 lLAC1613832.3 01-02170441706083 -4- Resolution No. 2004-10 · 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 lLAC1613832.3 01-02170441706083 -5- Resolution No. 2004-10 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 lLACI613832.3 01-02170441706083 -6- Resolution No. 2004-10 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. lLAC\613832.3 01-02170441706083 -7- Resolution No. 2004-10 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 lLAC\613832,3 01-{l2170441706083 -8- Resolution No. 2004-10 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, lLAC\613832.3 01-02170441706083 -9- Resolution No. 2004-10 · 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 lLAC\613832.3 01-02170441706083 -10- Resolution No. 2004-10 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 lLAC\613832.3 01-02170441706083 -11- Resolution No. 2004-10 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 lLAC\613832.3 01-02170441706083 -12- Resolution No. 2004-10 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. lLAC1613832.3 01-02170441706083 -13- Resolution No. 2004-10 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 lLAC\613832.3 01.{)2170441706083 -14- Resolution No. 2004-10 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 lLAC\613832.3 01~2170441706083 -15- Resolution No. 2004-10 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 lLAC\613832.3 01-02170441706083 -16- Resolution No. 2004-10 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. lLAC1613832.3 01-02170441706083 -17- Resolution No. 2004-10 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. lLAC\613832.3 01-02170441706083 -18- Resolution No. 2004-10 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. lLAC1613832.3 01-D2170441706083 -19- Resolution No. 2004-10 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. lLACI613832.3 01-02170441706083 -20- Resolution No. 2004-10 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 lLAC\613832.3 01.{)2170441706083 -21- Resolution No. 2004-10 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 lLAC\613832.3 01.{J21704.{J4706083 -22- Resolution No. 2004-10 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 EMC Planning Group Inc. 1 Mesa Ridge Subdivision EIR Final Mitigation Monitoring Program 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 EMC Planning Group Ioc. 2 Mesa Ridge Subdivision EIR Final Mitigation Monitoring Program 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. EMC Planning Group IDe.a 3 " Mesa Ridge Subdivision EIR Final Mitigation Monitoring Program 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 EMC Planning Group Ioc. 4 " Mesa Ridge Subdivision EIR Final Mitigation Monitoring Program 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 EMC Planning Group Ioc. 5 Mesa Ridge Subdivision EIR Final Mitigation Monitoring Program 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 EMC Planning Group IDe. 6 Mesa Ridge Subdivision EIR Final Mitigation Monitoring Program 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 EMC Planning Group Ioc. 7 Mesa Ridge Subdivision EIR Final Mitigation Monitoring Program 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; EMC Planning Group Inc. 8 Mesa Ridge Subdivision EIR Final Mitigation Monitoring Program . 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 EMC Planning Group Inc. 9 Mesa Ridge Subdivision EIR Final Mitigation Monitoring Program 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: EMC Planning Group Inc. 10 .. Mesa Ridge Subdivision EIR Final Mitigation Monitoring Program 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 EMC Planning Group Inc. 11 -.. Mesa Ridge Subdivision EIR Final Mitigation Monitoring Program 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 EMC Planning Group Inc. 12 Mesa Ridge Subdivision EIR EMC Planning Group Inc. Final Mitigation Monitoring Program This side intentionally left blank. This side intentionally left blank. 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)