Resolution 2004- 18
RESOLUTION NO. 2004-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TM 02-11, A TENTATIVE MAP TO
SUBDIVIDE AN APPROXIMATELY 19.2 ACRE SITE INTO 59
SINGLE-FAMILY RESIDENTIAL PARCELS, 2 TOT LOT
PARCELS, 3 PRIVATE STREETS, AND 2 CONSERVATION
EASEMENT PARCELS LOCATED AT THE INTERSECTION
OF THOMAS ROAD, MESA ROAD, AND MILLER AVENUE,
APN 810-28-001
WHEREAS, Mesa Ridge/Skip Spiering, the applicant, submitted TM 02-11, requesting a
tentative map to subdivide an approximately 19.2 acre site into fifty-nine (59) single-family
residential parcels, two (2) tot lot parcels, three (3) private streets, and two (2) conservation
easement parcels located at the intersection of Thomas Road, Mesa Road, and Miller Avenue,
APN 810-28-001; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City
Council on February 2, 2004, certified a Final Environmental Impact Report ("Final EIR") and
adopted a MitigationIMonitoring Program for this project, as set forth in Resolution No. 2004-
10; and
WHEREAS, the Planning Commission held duly noticed public hearings on November 6,
2003, December 4, 2003, and January 8, 2004, at which time the Planning Commission
considered the public testimony, the Staff Report dated October 31, 2003 ("Staff Report"),
revised staff reports dated November 25,2003, and January 2,2004, and all other documentation
related to application TM 02-11, and recommended that the City Council deny said
application; and
WHEREAS, the City Council held a duly noticed public hearing on January 20,2004, at
which time the City Council considered the public testimony, the Staff Report, the revised staff
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Resolution No. 2004-18
WHEREAS, on February 17, 2004, the City Council duly adopted Zoning Ordinance
Z03-15 in conjunction with this project; and
WHEREAS, the City Council determined that forty-one (41) conditions should be
incorporated into the project as proposed by staff and set forth in the Staff Report; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this project approval is based is the office of the
City Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council hereby finds as follows:
1. The project is consistent with the land use designation and the intent ofthe
goals and policies of the General Plan.
2. The project is consistent with the Zoning Ordinance, the City's
Subdivisions and Land Development Code, and the State Subdivision Map Act.
3. Public utilities and infrastructure improvements needed to serve the
proposed project are in close proximity.
4. The project is consistent with surrounding development.
5. There are no facts to support the findings requiring denial of the proposed
tentative map pursuant to California Government Code section 66474.
B. Tentative Map TM 02-11 should be and hereby is approved, subject to
I. The forty-three (43) final conditions of approval attached hereto as Exhibit
A, and incorporated herein by this reference.
2. The Mitigation/Monitoring Program and the mitigation measures set forth
III the Final EIR and Resolution No. 2004-10, which
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Resolution No. 2004-18
Mitigation/Monitoring Program is attached hereto as Exhibit B, and
incorporated herein by this reference.
SECTION II
This Resolution shall become effective, and approval of TM 02-11 granted, if, and only
if, and upon the same date that Ordinance No. 2004-01 approving Z 03-15 becomes
effective. If said Ordinance does not take effect, then TM 02-11, without further action
by the City Council, is denied.
PASSED AND ADOPTED this 1 st day of March, 2004 by the following
AYES:
COUNCILMEMBERS:
CORREA, DILLON, GARTMAN,
MORALES and VALIQUETTE
VELASCO and PINHEIRO
NOES:
COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
NONE
APPROVED:
~~.
Rhonda Pellin, City Clerk
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Resolution No. 2004-18
City of Gilroy, California, 7351 Rosanna Street, 95020
EXHIBIT A
1. MITIGATION MEASURES #1 through #23 contained within the Final Environmental Impact Report
based upon the Draft Environmental Impact Report dated August 2003 for the Mesa Ridge Subdivision
and as set forth in Resolution No. 2004-10 shall apply to the approval of this Tentative Map in order to
reduce and/or eliminate all potential significant impacts to a level of insignificance, as required under the
California Environmental Quality Act (CEQA).
2. Subdivider shall defend, indemnify, and hold harmless the City, its City Council, Planning Commission,
agents, officers, and employees from any claim, action, or proceeding against the City or its City
Council, Planning Commission, agents, officers, and employees to attack, set aside, void, or annul an
approval of the City, City Council, Planning Commission, or other board, advisory agency, or legislative
body concerning this subdivision. City will promptly 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.
3. Vector based e-files will be required prior to Final Map approval, readable by AutoCAD (IGES, DXF,
DWG), containing lot and street layout and all City utilities. These files will be used to update the City's
GIS system.
4. Prior to City Council action the street system must be named.
5. An RDO Performance Agreement must be completed within 60 days of the approval of the Tentative
Map.
6. The Applicant shall obtain approval of a Planned Unit Development Architectural and Site Review
application prior to the issuance of a Final Map.
7. The Applicant must provide a domestic water system design, which may include bringing both Zone 1
and 2 water up to and through this project; the design of which must be acceptable to the City Engineer
prior to approval of the Final Map.
8. Chappell and Sargenti's residential access must be maintained during project construction.
9. The existing access road must be maintained and can only be abandoned after "Street A" is constructed.
10. Full frontage improvements are required for all new development. All streets must show sidewalks on
both sides.
II. All work is to be done in compliance with the City of Gilroy Specifications and Standards.
12. Street improvements and the design of all storm drainage, sewer and water lines, and all street sections
and widths shall be by City Standard. The developer shall provide full street, curb, gutter, sidewalk and
electrolier improvements.
13. 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 the grades of all adjacent properties.
14. Certification of grades and compaction is required prior to building permit final. This statement must
EXHIBIT A
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TM 02-11
be added as a general note to the Grading and Drainage Plan.
15. If the project has excess fill that will be off-hauled to a site within the city limits of Gilroy, an additional
permit is required. This statement must be added as a general note to the Grading and Drainage Plan.
16. All utilities to, through, and on the site shall be constructed underground, in accordance with Municipal
Code Section 21.120.
17. Installation of underground utility lines, etc.: exceptions. New and existing utility lines, appurtenances
and associated equipment, including, but not limited to, electrical transmission, street lighting, and cable
television and telephone shall be required to be placed underground as required in Article V of this
chapter starting with section 21.111 (Ord. #81-11, & 1,3-16-81; Ord. #89-17, & I, 10-16-89).
18. All existing water wells shall be sealed to meet the approval of the City Engineer and the Santa Clara
Valley Water District (SCVWD).
19. The developer shall file a Final Map.
20. The developer shall submit an estimate of the probable cost of off-site improvements with the Final Map
submittal.
21. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final Map
recordation.
22. In the event it is necessary to acquire off site easements or street rights-of-way, prior to Final Map
approval the owner shall enter into an agreement to pay all condemnation costs, if necessary, for
dedication of [the easements or street right-of-way]. The owner shall place a note on the Final Map
agreeing to pay all condemnation costs. This agreement shall require the owner to deposit all
condemnation costs with the City within 21 days of Final Map approval. The owner shall agree to
provide an initial cash deposit as determined by the City.
23. Prior to Final Map approval and approval of the Improvement Plans, the following items will need to be
completed:
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.
D. The City will collect the plan check and inspection fee for the utility underground work.
24. Prior to any construction of the utilities in the field, the following will need to be supplied to the City:
A. A signed and PG&E-approved original electric plan.
B. A letter from the design Civil Engineer that states the electrical plan conforms to City Codes and
Standards, and to the approved subdivision improvement plans.
25. All retaining walls must be constructed of permanent materials such as concrete or masonry, and shall berof a modular design; wood shall not be permitted.
26. All lots shall drain to the street for storm drainage.
EXHIBIT A
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TM 02-11
27. 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.
28. Submit improvement plans for on-site and off-site (use City standards).
29. Submit a hazard Material clearance for the underground tank removal.
30. Submit an Erosion Control plan and Storm Water Pollution Prevention Plan.
31. The developer shall negotiate rights-of-way with Pacific Gas and Electric and other utilities subject to
the review and approval by the Engineering Division and the utility companies.
32. The City checkprint must be returned with revisions.
33. All previous review comments shall apply unless otherwise specified in writing.
34. Pad for trash receptacles shall be provided off private streets.
35. All existing water wells shall be sealed to meet the approval of the Santa Clara Valley Water District
(SCVWD), and the approval of the City Engineer.
36. Street Hydrants shall be spaced every 300 ft. A hydrant shall also be located at the end of any dead end
or cul-de-sac. Hydrant location shall be indicated on the improvement plans that accompany the final
map and subject to Fire Marshal approval. Hydrants shall be installed prior to commencement of
construction with combustible materials.
37. Roadways shall provide a minimum 20 feet of unobstructed travel. When roadside parking is restricted
there shall be signage and curbs painted red. Improvement plans shall show no parking areas and shall
provide a note indicating: Signage and curb painting shall be maintained in good condition. The Final
Map shall show no parking areas and shall provide a note indicating that:
" No Parking Areas are for providing adequate emergency vehicle access. They shall be
enforced by the HOA and the red curbing and signage shall be maintained in good condition."
38. In lieu of a required secondary access EVA, the developer shall provide a residential fire sprinkler system
for all homes.
39. The pubic roadway into the development shall provide a wider driveway access and modified curb, and
landscape and sidewalk design such that there is an additional 15 feet of accessible right of way width to
accommodate additional access for fire apparatus. The design shall be approved by Fire, Engineering,
and Planning prior to the final map.
40. Lots against hillside or open spaces shall have irrigated landscaping to the rear fence line and shall not
utilize plants that are not approved for residential hillside areas. A managed vegetation or mowed strip
that is 10 feet wide shall be provided along roadways that are adjacent to open spaces. This shall be
maintained by the HOA in accordance with the requirements of the Conservation Easement areas. All
homes shall have non-combustible roofs and exterior walls. Combustible eves shall be enclosed or
consist of timber with dimension of not less than 6 inches. The HOA CCR's shall contain language that
EXHIBIT A
4
TM 02-11
requires the maintenance of these fire safety features.
41. DEMOLITION - Any structure, well, or septic tank put out of code compliance with the creation of a
property line must have a demolition permit and be demolished before final map.
42. Provide accessible path of travel throughout parcel to public way.
43. A second tot lot shall be added to the project and each tot lot sited so that they serve different areas of
the residential neighborhood.
I ~
EXHIBIT B
Final Mitigation Monitoring Program
CEQA Guidelines section 15097 requires public agencies to adopt reporting or
monitoring programs when they approve projects subject to an environmental impact
report or a negative declaration that includes mitigation measures to avoid significant
adverse environmental effects. The reporting or monitoring program is to be designed to
ensure compliance with conditions of project approval during project implementation in
order to avoid significant adverse environmental effects.
The law was passed in response to historic non-implementation of mitigation measures
presented in environmental documents and subsequently adopted as conditions of
project approval. In addition, monitoring ensures that mitigation measures are
implemented and thereby provides a mechanism to evaluate the effectiveness of the
mitigation measures.
A definitive set of project conditions would include enough detailed information and
enforcement procedures to ensure the measure's compliance. This monitoring program
is designed to provide a mechanism to ensure that mitigation measures and subsequent
conditions of project approval are implemented.
Monitoring Program
The basis for this monitoring program is the mitigation measures included in the project
environmental impact report. These mitigation measures are designed to eliminate or
reduce significant adverse environmental effects to less than significant levels. These
mitigation measures become conditions of project approval, which the project proponent
is required to complete during and after implementation of the proposed project.
The attached checklist is proposed for monitoring the implementation of the mitigation
measures. This monitoring checklist contains all appropriate mitigation measures in the
environmental impact report.
Monitoring Program Procedures
The City of Gilroy shall use the attached monitoring checklist for the Mesa Ridge
Subdivision. The monitoring program should be implemented as follows:
1. The Gilroy Community Development Department should be responsible for
coordination of the monitoring program, including the monitoring checklist. The
Community Development Department should be responsible for completing the
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monitoring checklist and distributing the checklist to the responsible individuals
or agencies for their use in monitoring the mitigation measures;
2. Each responsible individual or agency will then be responsible for determining
whether the mitigation measures contained in the monitoring checklist have been
complied with. Once all mitigation measures have been complied with, the
responsible individual or agency should submit a copy of the monitoring checklist
to the Community Development Department to be placed in the project file. If
the mitigation measure has not been complied with, the monitoring checklist
should not be returned to the Community Development Department;
3. The Gilroy Community Development Department will review the checklist to
ensure that appropriate mitigation measures and additional conditions of project
approval included in the monitoring checklist have been complied with at the
appropriate time, e.g. prior to issuance of a use permit, etc. Compliance with
mitigation measures is required for project approvals; and
4. If a responsible individual or agency determines that a non-compliance has
occurred, a written notice should be delivered by certified mail to the project
proponent within 10 days, with a copy to the Community Development
Department, describing the non-compliance and requiring compliance within a
specified period of time. If non-compliance still exists at the expiration of the
specified period of time, construction may be halted and fines may be imposed at
the discretion of the City of Gilroy.
Mesa Ridge Mitigation Monitoring Checklist
Step 1
Prior to approval of the tentative map, the following mitigation measure shall be
implemented:
Mitigation Measure 1
1. Prior to the approval of the tentative map, the project applicant shall revise the
tentative map to provide conservation easement area for the preservation of
California tiger salamander habitat. The final design shall provide a conservation
easement area that is contiguous with adjacent habitat preservation areas and
shall be approved by the Gilroy Planning Division in coordination with the
California Department ofFish and Game and the United States Fish and
Wildlife Service.
Party responsible for implementation:
Applicant
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Party responsible for monitoring:
Gilroy Planning Division
Step 2
Prior to approval of the final map, the following mitigation measures shall be
implemented:
2. Prior to approval of the final map, the project applicant shall create a State-
certified homeowners' association, or other suitable mechanism, for maintaining
and funding the ongoing management of the habitat conservation easement,
including both Parcel A and Parcel B. The homeowners' association, or other
suitable mechanism, shall be structured so that it is responsible for enforcing
habitat protection and maintenance measures to protect onsite biological
resources. The homeowners' association may assess fines to property owners
who are non-compliant with these measures. Fines assessed by the homeowner's
association shall be used for on-site habitat protection, maintenance, and
restoration, as necessary. Any noncompliance shall be reported to the California
Department ofFish and Game and the United States Fish and Wildlife Service
by the homeowners' association. The homeowners' association shall submit an
annual report from a qualified biologist to the California Department of Fish and
Game and the United States Fish and Wildlife Service.
Party responsible for implementation:
Applicant
Parties responsible for monitoring:
Gilroy Planning Division (homeowners' association)
CDFG and/or 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 50 feet from any lot line. The CC&Rs shall be disclosed to
potential homebuyers prior to acquisition of the each home.
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Party responsible for implementation:
Applicant
Party responsible for 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 of Fish and Game or United
States Fish and Wildlife Service;
.
.
.
maintenance of the habitat;
.
provisions to ensure the necessary funding and monitoring of the habitat;
provisions for adapting the management plan in response to new
information or changes in the conditions within the habitat conservation
area, or if the goals of the habitat conservation area are not being met;
.
.
use of salamander barriers and arched culvert (s) beneath the project access
road to allow salamander passage under the road and to prevent
salamanders from crossing on the surface of the road;
.
a signage plan that outlines the number and location of signs installed to
inform people of the potential presence of sensitive amphibians, to prevent
people from straying into the habitat preserve, and to prohibit dogs in the
habitat preserve; exceptions for use of portions of the habitat conservation
area for picnic grounds or playgrounds, not to exceed one-quarter of an acre
shall be approved by the California Department of Fish and Game;
.
a permanent commitment for the management of the habitat;
.
a requirement that plant materials used in landscaping at homes, along
streets, or in open space areas within the project, use exclusively plants
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native to northern California, and placement of a deed restriction to that
effect on all lots within the project; and,
. educational material for distribution to residents by the homeowners'
association.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
CDFG and/or 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 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.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Engineering Division
Step 3
Prior to approval and issuance of a grading or building permit, the following mitigation
measures shall be implemented:
6a. Prior to the issuance of a grading or building permit, the Gilroy Planning
Division shall contact the United States Fish and Wildlife Service, or review the
Federal Register to determine the legal status of the California tiger salamander
and to determine whether construction activities could result in an illegal take of
this species. If the California tiger salamander is a listed species with legal
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protection under the Federal Endangered Species Act at the time the building
permit is issued, then the applicant shall consult with the United States Fish and
Wildlife Service to determine the appropriate method for obtaining an incidental
take permit. Evidence of the incidental take permit shall be submitted to the
Gilroy Planning Division prior to issuance of the grading or building permit.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Planning Division
13. Prior to building permit submittal, the project applicant shall submit a plan to the
Gilroy Planning Division indicating the location, size and species of existing trees
found within the project site boundaries. The plan shall indicate which trees are
planned for removal. Based on review of the plan, the City shall determine
which trees, if any, are "significant."
If significant trees are determined to be located on the project site, these trees
shall be retained, to the greatest extent feasible. The dripline 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 (NO!) and detailed engineering designs
to the Central Coast RWQCB. This permit shall require development and
implementation of a SWPPP that uses storm water "Best Management Practices"
to control runoff, erosion and sedimentation from the site. The SWPPP must
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include Best Management Practices that address source reduction and, if
necessary, shall include practices that require treatment. The SWPPP shall be
submitted to the City of Gilroy Engineering Division for review and approval
prior to approval of a building permit for each phase of the project.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Engineering Division
17. The project applicant shall submit plans for review by, and obtain an approved
permit from the Santa Clara Valley Water District (SCVWD) prior to any work
within SO feet of Farman Canyon Creek.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Engineering Division
18. The following measures shall be incorporated into the project plans to mitigate
construction noise, subject to the review and approval of the City of Gilroy
Engineering Division:
a. Construction shall be limited to weekdays between 7 AM and 7 PM and
Saturdays and holidays between 9 AM and 7 PM, with no construction on
Sundays;
b. All internal combustion engine-driven equipment shall be equipped with
mufflers that are in good condition and appropriate for the equipment; and
c. Stationary noise-generating equipment shall be located as far as possible
from sensitive receptors when sensitive receptors adjoin or are near a
construction project area.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Engineering Division
19. Subject to the review and approval of the Gilroy Engineering Division,
improvement plans shall include widening Miller Avenue in order to provide
consistent lane and shoulder widths along the project frontage. The completed
cross section of Miller Avenue should be similar to the approved plans for the
adjacent Eagle Ridge subdivision. Parking shall be prohibited along Miller
Avenue adjacent to the project site.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Engineering Division
20. The project proponent shall specify in project plans the implementati9n of the
following dust control measures during grading and construction activities for the
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proposed project. The measures shall be implemented as necessary to adequately
control dust, subject to the review and approval by the City of Gilroy Engineering
Division:
. Water all active construction areas at least twice daily;
. Cover all trucks hauling soil, sand, and other loose materials or require all
trucks to maintain at least two feet of freeboard;
. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on
all unpaved access roads, parking areas and staging areas at construction
sites;
. Sweep daily (with water sweepers) all paved access roads, parking areas and
staging areas at construction sites; and
. Sweep streets daily (with water sweepers) ifvisible soil material is carried
onto adjacent public streets.
. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas
(previously graded areas inactive for fourteen days or more);
. Enclose, cover, water twice daily or apply (non-toxic) soil binders to
exposed stockpiles (dirt, sand, etc.);
. Limit traffic speeds on unpaved roads to 15 mph;
. Install sandbags or other erosion control measures to prevent silt runoff to
public roadways; and
. Replant vegetation in disturbed areas as quickly as possible.
. Place 100 linear feet of 6 to 8 inch average diameter cobble at all exist points
to dislodge and trap dirt from vehicle tires;
. Suspend excavation and grading activity when winds (instantaneous gusts)
exceed 25 miles per hour; and
. Limit the area subject to excavation, grading and other construction activity
at anyone time.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Engineering Division
21. The following measures shall be incorporated into all project plans, subject to the
review and approval of the City of Gilroy Engineering Division:
.
Idling time of construction equipment shall not exceed five minutes;
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.
Limit the hours of operation of heavy duty equipment and/or the amount of
equipment in use;
.
All equipment shall be properly tuned and maintained in accordance with
the manufacturer's specifications;
.
When feasible, alternative fueled or electrical construction equipment shall
be used at the project site;
.
Use the minimum practical engine size for construction equipment; and
.
Gasoline-powered equipment shall be equipped with catalytic converters,
where feasible.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Engineering Division
22. Due to the possibility that significant buried cultural resources might be found
during construction, the following language shall be included on any permits
issued for the project site, including, but not limited to building permits for future
development, subject to the review and approval of the Gilroy Planning Division:
If archaeological resources or human remains are discovered during
construction, work shall be halted within 50 meters (165 feet) of the find
until a qualified professional archaeologist can evaluate it. If the find is
determined to be significant, appropriate mitigation measures shall be
formulated and implemented.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Planning Division
23. In the event of an accidental discovery or recognition of any human remains in
any location other than a dedicated cemetery, the City shall ensure that this
language is included in all permits in accordance with CEQA Guidelines section
15064.5(e), subject to the review and approval of the City of Gilroy Planning
Division:
If human remains are found during construction there shall be no further
excavation or disturbance of the site or any nearby area reasonably
suspected to overlie adjacent human remains until the coroner of Santa
Clara County is contacted to determine that no investigation of the cause
of death is required. If the coroner determines the remains to be Native
American the coroner shall contact the Native American Heritage
Commission within 24 hours. The Native American Heritage
Commission shall identify the person or persons it believes to be the most
likely descendent (MLD) from the deceased Native American. The MLD
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Mesa Ridge Subdivision ElR
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
constnlction:
6. Prior to initiation of construction activities, subject to the review of the California
Department ofFish and Game and United States Fish and Wildlife Service, and
the review and approval of the Gilroy Planning Division, the project applicant
shall develop and implement a California tiger salamander salvage program to
prevent death or injury to individual salamanders during grading or construction
operations. The salvage program should include measures to remove individual
salamanders from the project site prior to and during project grading and
construction, and to relocate them to nearby protected habitat or other suitable
locations. Appropriate measures should be incorporated to prevent California
tiger salamanders from entering the site during construction activities.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Planning Division
Step 6
The following mitigation measures shall be implemented no more than 30 days prior to
commencement of construction:
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7. Subject to the review of the City of Gilroy Planning Division, no more than
30 days prior to commencement of grading or construction activities on the
project site, field surveys shall be conducted by a qualified biologist to determine
if burrowing owls are present in the construction zone or within 200 feet of the
construction zone. Areas within 200 feet of the construction zone that are not
within the control of the applicant shall be visually assessed from the project site.
These surveys shall be required only if any construction would occur during the
nesting and/or breeding season of burrowing owls (February 1 through
August 31) and/or during the winter residency period (December 1 through
January 31). If active nests are found in the survey area, a burrowing owl habitat
mitigation plan shall be submitted to the California Department of Fish and
Game for review and approval. The burrowing owl habitat mitigation plan shall
contain mitigation measures contained in the California Department of Fish and
Game Staff Report on Burrowing Owl Mitigation (California Department ofFish
and Game 1995). Compliance with this mitigation measure may include, but not
be limited to, the following:
.
Avoidance of occupied burrows during the nesting season (February 1
through August 31);
.
Acquisition, protection and funding for long-term management and
monitoring of foraging habitat adjacent to occupied habitat;
.
Enhancement of existing burrows and/or creation of new burrows; and
.
Passive relocation of burrowing owls.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Planning Division
8. Subject to the review of the City of Gilroy Planning Division, no more than
30 days prior to commencement of grading or construction activities, a tree
survey shall be conducted by a qualified biologist to determine if active nest(s) of
protected birds are present in the trees. Areas within 200 feet of the construction
zone that are not within the control of the applicant shall be visually assessed
from the project site. This survey shall be required only if any construction would
occur during the nesting and/or breeding season of protected bird species
potentially nesting in the tree (generally March 1 through August I). If active
nest(s) are found, clearing and construction within 200 feet of the tree shall be
halted until the nest(s) are vacated and juveniles have fledged and there is no
evidence of a second attempt at nesting, as determined by the qualified biologist.
If construction activities are not scheduled between March 1 and August 1, no
further shrike or tree surveys shall be required.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Planning Division
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Step 7
The following mitigation measures shall be implemented prior to commencement of
creek crossing constnlction:
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: I
replacement ratio.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Planning Division
11. Prior to the commencement of bridge or other creek crossing construction
activities, subject to the review of the Gilroy Planning Division, the project
applicant shall install siltation fencing, hay bales, or other suitable erosion control
measures along portions of Farman Canyon Creek in which construction will
occur and within 20 feet of construction and/or staging areas in order to prevent
sediment from filling the creek.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Planning Division
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13
I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached
Resolution No. 2004-18 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
1st 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.
~f2~'
City erk of the City of Gilroy
(Seal)