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Resolution 2004- 17 REVISED AS TO NUMBER ONLY RESOLUTION NO. 2004-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A ONE-YEAR EXTENSION FOR TM 99-07, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 16.05-ACRE SITE INTO 12 SINGLE- FAMILY LOTS AND ONE REMAINDER LOT FOR OPEN SPACE DEDICATION LOCATED AT 1000 MESA ROAD, APN 810-28-22. WHEREAS, Karen Christopher, the applicant, is requesting an extension of the approval for TM 99-07, a Tentative Map to subdivide an approximately 16.05-acre site into twelve (12) single-family lots and one (1) remainder lot for open space dedication into perpetuity for preservation as habitat for the California Tiger Salamander; and WHEREAS, the property affected by TM 99-07 is located at 1000 Mesa Road, APN 810- 28-22; and WHEREAS, the project consists of the development of twelve (12) or fewer residential units over a three-year period and thus is exempt from the Residential Development Ordinance pursuant to Zoning Ordinance section 50.62(B)(I); and WHEREAS, the Planning Commission held a duly noticed public hearing on March 1, 2001, at which time it considered this project and the Negative Declaration prepared for the project and voted to recommend approval ofTM 99-07 to the City Council; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Negative Declaration for this project with ten (10) mitigation measures, plus two (2) additional mitigation measures added by the City Council for a total of twelve (12) mitigation measures, and a Mitigation Monitoring Plan was adopted by the City Council on March 19, 2001; and IGB01616756.1 022704-04706089 -1- Resolution No. 2004-17 WHEREAS, the City Council held a duly noticed public hearing on March 19, 2001, at which time the City Council considered the public testimony, the Staff Report dated February 22, 2001, and all other documentation related to application TM 99-07; and WHEREAS, the City Council on April 16, 2001, approved Resolution No. 2001-19, approving TM 99-07; and WHEREAS, pursuant to Gilroy City Code sec. 21.41.1, a tentative map is valid for two (2) years after approval and may be granted up to three (3) extensions of one (I) year each by the City Council; and. WHEREAS, the City Council previously granted a one-year extension for this project in March, 2003; to take effect from April 16, 2003; and WHEREAS, the City Council at a duly noticed public meeting on March 1, 2004, considered the public testimony, the staff report dated February 24, 2004, and all other documentation related to an extension oftime for TM 99-07, and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this project approval is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council finds as follows: 1. The project is consistent with the land use designation and relevant policies of the General Plan. IGB01616756.1 022704-04706089 -2- Resolution No. 2004-17 2. The project IS consistent with the Zoning Ordinance, the City's Subdivision and Land Development Code, and the California Subdivision Map Act. 3. There are no facts to support findings requiring denial of the proposed tentative map pursuant to California Government Code Section 66474. 4. There is no substantial evidence that this project as mitigated will have a significant effect on the environment. B. Tentative Map TM 99-07 should be and hereby is approved for one (1) additional IGB01616756.1 022704-04706089 year until April 16, 2005, subject to all previously imposed conditions as follows: 1. The twenty-nine (29) conditions of approval attached hereto as Exhibit A, and incorporated herein by this reference, adding to condition number 29 the requirement that the performance agreement be entered into by the applicant within sixty (60) days of the date ofthe approval ofthis tentative map extension; 2. The Mitigation/Monitoring Program and the twelve (12) mitigation measures set forth in the Negative Declaration, attached hereto as Exhibit B, and incorporated herein by this reference. -3- Resolution No. 2004-17 PASSED AND ADOPTED this 1st day of March, 2004 by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, V ALIQUETTE, VELASCO and PINHEIRO COUNCILMEMBERS: COUNCILMEMBERS: NOES: ABSENT: ATTEST: ~~UA' Rhonda Pellin, City- Clerk IGB01616756.1 022704-04706089 NONE NONE APPROVED: -4- Resolution No. 2004-17 Tentative Map Conditions 1. Mitigation Measures 1 through 10 contained within the Negative Declaration for this project shall be applied to the approval of the project. Implementation of the mitigation measures will reduce and/or eliminate all potential significant impacts to a level of insignificance, as required under the California Environmental Quality Act (CEQA), subject to the review and approval ofthe Planning Division. 2. Approval of this project shall be subject to the applicant obtaining approval of Zone Change application Z 99-03. 3. Street improvements and the design of all storm drainage, sewer and water lines, and all street sections and widths shall be subject to the review and approval of the Engineering Division. 4. All utilities to, through, and on the site shall be constructed underground, in accordance with Municipal Code Section 21.120, subject to the review and approval of the Engineering Division. 5. Prior to Council approval of the Tract Map and Improvement Plans, the following items will need to be completed subject to review and approval by the Engineering Division: A. A signed original composite plan by the electrical design engineer shall be a part of the improvement plans; B. A letter from the subdivision design civil engineer shall be prepared which states that the composite plan agrees with City Codes and Standards and that no underground utility conflict exists; C. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the City; and D. The plan check and inspection fee for the utility underground work will be collected by the City. 6. Prior to any construction of the utilities in the field, the following will need to be supplied to the City, subject to review and approval by the Engineering Division: A. A signed and PG&E-approved original electric plan; and B. A letter from the design Civil Engineer that states the electrical plan conforms with City Codes and Standards and to the approved subdivision improvement plans. 7. All improvements are to be done per City of Gilroy Standards, subject to the approval of the City Engineer. 8. All retaining walls must be constructed of permanent materials such as concrete or masonry, and shall be of a modular design; wood shall not be permitted. This shall be subject to review and approval by the Engineering Division. 9. All grading operations and soil compaction activities shall be per the approved soils report and shall meet with the approval of the City Engineer. Grading plans shall show grades of all adjacent properties, and shall be subject to the approval of the Engineering Division. 10. All lots shall drain to the street for storm drainage, subject to the review and approval of the Engineering Division. EXHIBIT A 11. The developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. The composite drawings and/or utility improvement plans shall be signed by a licensed civil engineer. This shall be subject to the approval of the Engineering Division. 12. The developer shall negotiate rights-of-way with Pacific Gas and Electric and other utilities, subject to review and approval by the Engineering Division and the utility companies. 13. With the exception of lots that received an exemption from the application of the City's Residential Development Ordinance (RDO) (City Zoning Ordinance Sections 50.60 et seq.), no building permit shall be issued in connection with this project if the owner or developer of such development (i) is not in compliance with the RDO, any conditions of approval issued in connection with such development, or other City requirements applicable to such development; or (ii) is in default under any agreement entered into with the City in connection with such development pursuant to the RDO. 14. Subdivider shall defend, indemnify, and hold harmless the City, its City Council, Planning Commission, agents, officers, and employees from any claim, action, or proceeding against the City or its City Council, Planning Commission, agents, officers, or employees to attack, set aside, void, or annul an approval of the City, City Council, Planning Commission, or other board, advisory agency, or legislative body concerning this subdivision. City will promptly notify the subdivider of any claim, action, or proceeding against it, and will cooperate fully in the defense. This condition is imposed pursuant to California Government Code Section 66474.9. 15. All existing water wells shall be sealed to meet the approval of the City Engineer and the Santa Clara Valley Water District (SCVWD). 16. The developer will be required to obtain a National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharge Associated with Construction Activity from the State Water Resources Control Board, subject to review and approval by the SCVWD and the State Water Resources Control Board. 17. The developer shall develop and implement temporary and permanent best management practices to address non-point source pollutants, subject to review and approval by the SCVWD and the State Water Resources Control Board. 18. The Final Map shall show a 30-foot wide irrigated landscape area on the north side of the development between parcel one and the CTS habitat, as well as a 10-foot wide irrigated landscape strip between the street and the CTS habitat. This condition shall be subject to review and approval by the Deputy Fire Marshal. 19. Irrigated landscape areas shall be landscaped with fire resistant groundcover sufficient to serve as a fuel break. This condition shall be subject to review and approval by the Deputy Fire Marshal. 20. Fire hydrants shall be provided and installed to meet the City of Gilroy Fire and Engineering standards. This condition shall be subject to review and approval by the Deputy Fire Marshal and the Engineering Division. EXHIBIT A 21. The street (Wildflower Court) shall be conspicuously posted "NO PARKING-FIRE LANE." The Final Map shall document this requirement. This condition shall be subject to review and approval by the Deputy Fire Marshal. 22. An all-weather access road for fire engines shall be provided before commencing any combustible construction. Fire hydrants shall also be installed and maintained before combustible construction begins. This condition shall be subject to the review and approval of the Deputy Fire Marshal. 23. All construction activities shall be limited to weekdays between 7 a.m. and 7 p.m. and to Saturdays and City holidays between 9 a.m. and 7 p.m. No construction is allowed on Sundays. 24. No more than six homes may be constructed within this project in anyone year. This shall be subject to the review and approval of the Planning Division. 25. The 7::l:-acre remainder lot shall be designated on the Final Map as a permanent California tiger salamander preserve. This condition shall be subject to the review and approval of the Planning and Engineering Divisions. 26. Future property owners within this development shall be notified that the remainder parcel is a permanent California tiger salamander preserve and that they are responsible for maintaining this preserve as viable California tiger salamander habitat. This condition shall be subject to the review and approval of the Planning Division and the California Department ofFish and Game. 27. The minimum setbacks from the rear yard property lines of lots 6 through 12 to the second floor of homes on these lots shall be as follows: Lot 6: 30 feet Lot 7: 35 feet Lots 8 through 11: 40 feet Lot 12: 25 feet This condition shall be subject to enforcement by the Planning Division. 28. The applicant shall record an easement for a red legged frog travel corridor that is coterminous with the storm drain easement on lot five. This shall be subject to the review and approval of the Planning and Engineering Divisions. 29. The applicant shall enter into a performance agreement within 60 days of the date of this resolution. This performance agreement shall be subject to the review and approval of the Planning Division Manager. EXHIBIT A . ' Christopher Subdivision and Re-zone Mitigation Monitoring Program Introduction On January 1, 1989, the California State Legislature passed into law Assembly Bill 3180. This bill 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 this initial study. 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 this initial study. Monitoring Program Procedures It is required that the City of Gilroy use the attached monitoring checklist for the proposed project. The monitoring program should be implemented as follows: 1. The Gilroy Planning Director should be responsible for coordination of the monitoring program, including the monitoring checklist. The Planning Director should be responsible for completing the monitoring checklist and distributing the checklist to the responsible individuals or agencies for their use in monitoring the mitigation measures. 2. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring checklist have been complied with. Once all mitigation measures have been complied with, the responsible individual or agency should submit a copy of the monitoring checklist to the Planning Director 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 Planning Director. 3. The Planning Director 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 tentative map approval, prior to issuance of a building permit, etc. Compliance with mitigation measures is required for project approvals. EXHIBIT B . ' 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 Planning Director, describing the non-compliance and requiring compliance within a specified period of time. If a 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. EXHIBIT B , ' Mitigation Monitoring Checklist A Prior to approval of the tentative map, the following mitigation measures shall be implemented: 2. 9. Subject to the review of the California Department of Fish and Game 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 will 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 specified in the program. Appropriate measures will also be undertaken to prevent entry into the project site by California tiger salamanders during grading or construction. Prior to approval of the vesting tentative map, a minimum 30-foot wide irrigated buffer landscaped with fire-resistive plants shall be included in project plans along the southwest border of the ro'ect site. EXHIBIT B Applicant Planning Division Applicant Planning Division Mitigation Monitoring Checklist B Prior to approval of the final map and improvement plans, the following mitigation measures shall be implemented: 3. 4. To minimize interference with the migration of California tiger salamanders across the project site, subject to the review and approval of the Gilroy Planning Division, project plans shall incorporate the following elements: · rolled curbs along internal access roads; and, · barriers to direct migrating salamanders around developed areas. The project applicant shall dedicate as permanent California Tiger Salamander habitat a seven (7) acre preserve on the project site in conformance with the requirements of the California Department of Fish & Game ("Department") prior to approval of any Final Map. Should the Department not approve the proposed on-site habitat, then an off-site habitat shall be preserved. The applicant shall prepare a maintenance plan for the salamander habitat preserve to be approved by the Department. The determination of whether to require on-site or off-site mitigation shall be in the sole discretion of the Department, and the project Applicant must enter into a habitat agreement with the Department prior to approval of any Final Map. Habitat shall be preserved on the project site or in the general vicinity of the project site (i.e. southern Santa Oara County or northern San Benito County), although land outside of the general vicinity would be suitable with the approval of the California Department of Fish and Game. The land preserved must be preserved in perpetuity, either in fee or through the dedication of a conservation easement. In the event that the project applicant enters into a mitigation agreement with the Department of Fish and Game, the project applicant shall provide fundin~ subject to EXHIBIT B Applicant Planning Division Applicant Planning Division , ' 11. 12. the approval of the Department of Fish and Game, for the acquisition of an appropriate site. The project applicant shall provide a letter-of-credit to the Department of Fish and Game. The applicant shall provide suffident funding as determined by the California Department of Fish and Game for improvement and maintenance of the permanent California Tiger Salamander preserve on site, if the Department determines that on-site mitigation is appropriate. Alternatively, the project applicant, after development of the preserve, may require maintenance of the preserve by the homeowner's assodation. A copy of the Conditions, Covenants & Restrictions for the homeowner's assodation shall be submitted at least sixty (60) days prior to the filing of the Final Map for review and a roval b the Cit of Gilro . Applicant Planning Division, Department of Fish & Game The project site contains habitat suitable for the California Red-Legged Frog, a protected spedes. The project applicant shall mitigate the loss of habitat by providing a drainage swale to provide a travel corridor for the frogs that connects adjacent habitat areas. That corridor along the southern border of Lot 5 shall be dedicated by a permanent easement to the homeowner's assodation for maintenance. The applicant shall provide suffident funding as determined by the U.S. Fish and Wildlife Service for improvement and maintenance of the drainage swale for the California Red-Legged Frog. Alternatively, the project Applicant, after development and approval of the swale, may require maintenance of the swale by the homeowner's assodation. A copy of the Conditions, Covenants & Restrictions for the homeowner's assodation shall be submitted at least sixty (60) days prior to the filing of the Final Map for review and approval by the City of Gilroy. This mitigation measure is subject to the review and approval of the U.s. Fish & Wildlife Service and the City of Gilroy Plannin Division. Applicant Planning Division u.s. Fish & Wildlife Service EXHIBIT B Mitigation Monitoring Checklist C Prior to issuance of the building permit, the following mitigation measures shall be implemented: 1. The following dust control measures shall be incorporated into all permits for any phase of proposed construction on the project site. The measures shall be implemented as necessary to adequately control dust subject to the review and approval of the City of Gilroy Planning Division. The following measures shall be implemented at all construction sites: · 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; · Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. The following additional measures shall be implemented at construction sites greater than four acres in area: · Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); · Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.); · Limit traffic speeds on unpaved roads to 15 mph; · Install sandbags or other erosion control measures to prevent silt EXHIBIT B Applicant Planning Division . . 7. 8. runoff to public roadways; · Replant vegetation in disturbed areas as quickly as possible. Subject to determination by the Gilroy Engineering Division the following measures shall be implemented at this site as deemed necessary: · Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; · Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) of construction areas; · Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; · Limit the area subject to excavation, grading and other construction activity at an one time. Due to the possibility that significant buried cultural resources might be found during construction the following language shall be included 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: Planning Division Applicant If archaeological resources or human remains are discovered during construction, work shall be halted at a minimum of 200 feet from the find and the area shall be staked off. The project developer shall notify a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and im lemented. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the Oty shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 15064.5(e): Applicant Planning Division If human remains are found durin EXHIBIT B construction no excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Oara 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 from the deceased Native American. The most likely descendent 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 most likely descendent or the most likely descendent 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. 10. The following language shall be included on any permits issued at the project site, subject to the review and approval of the City of Gilroy Engineering Division. "All construction activities shall be limited to weekdays between 7:00 AM and 7:00 PM, and to Saturdays and City holidays between 9:00 AM and 7:00 PM. No construction is allowed on Sunda s. " Applicant Planning Division Mitigation Monitoring Checklist D Prior to grading or construction activities, the following mitigation measures shall be implemented: EXHIBIT B " 5. 6 The protocol determined by the Department shall be followed in determining any impacts to the burrowing owls. Subject to the review of the City of Gilroy Planning Division, no earlier than 45 days and no later than 20 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. These surveys shall be required only if any construction would occur during the nesting and/ or breeding season of burrowing owls (February 1 through August 31) and/ or during the winter residency period (December 1 through January 31). If active nests are found in the survey area, a burrowing owl habitat mitigation plan shall be submitted to the California Department of Fish and Game for review and approval. The burrowing owl habitat mitigation plan shall contain mitigation measures contained in the California Department of Fish and Game Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game 1995). Compliance with this mitigation measure may include, but not be limited to, the following: . A voidance of occupied burrows during the nesting season (February 1 through August 31); . Acquisition, protection and funding for long-term management and monitoring of foraging habitat adjacent to occupied habitat; . Enhancement of existing burrows and/ or creation of new burrows; . Passive relocation of burrowing owls. Subject to the review and approval of the City of Gilroy Engineering Division, prior to commencement of construction activities, siltation fencing, hay bales or other erosion EXHIBIT B Applicant Planning Division Applicant Planning Division . . control measures implemented to prevent sediment or other water-borne contaminants from construction activities and/ or staging areas from washing within 50 feet of the drainage swale that parallels Mesa Road. EXHIBIT B I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certifY that the attached Resolution No. 2004-16 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 1 st day of March, 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. ~~ (Seal)