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
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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.
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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.
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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)