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Resolution 2004- 19 RESOLUTION NO. 2004-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S 03-36, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR 59 SINGLE-FAMILY RESIDENTIAL PARCELS ON APPROXIMATELY 19.2 ACRES AT THE INTERSECTION OF THOMAS ROAD, MESA ROAD, AND MILLER AVENUE, APN 810-28-001 WHEREAS, Mesa Ridge/Skip Spiering, the applicant, submitted A/S 03-36, an application for architectural and site approval of a Planned Unit Development ("PUD") for fifty- nine (59) single-family residential 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 meetings on 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 A/S 03-36, and recommended that the City Council deny said application; and WHEREAS, the City Council held a duly noticed public meeting on January 20,2004, at which time the City Council considered the public testimony, the Staff Report, the revised staff reports, a supplemental staff report dated January 14, 2004, and all other documentation related to application A/S 03-36; and WHEREAS, on February 17, 2004, the City Council duly adopted Zoning Ordinance Z03-15 in conjunction with this project; and \GBO\616359.1 01-022304-04706089 -1- Resolution No. 2004-19 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 adopts the findings as required by Zoning Ordinance section 50.55 based upon substantial evidence in the entire record, as summarized below: 1. The project conforms to the Gilroy General Plan in terms of general location and standards of development. 2. The project fills a specific need of the surrounding area, the issue having been reviewed and resulting in the grant of an allocation of 60 residential units in the 2001/2002 Residential Development Ordinance competition. 3. The project does not require urban services beyond those that are available at the project site and storm drainage and domestic water system expansions already anticipated in the City's Master Plan. 4. The project provides a harmonious, integrated plan that is consistent with PUD standards and policies. 5. The project reflects an economical and efficient use of this property, achieving a project density of 3.1 units per acre with development on 62 percent of the land area, leaving 38 percent of the land area in open space. IG801616359.1 01-022304-04706089 -2- Resolution No. 2004-19 6. The project provides landscaping that meets the intent of the Planned Unit Development ordinance and exceeds minimum City requirements, preserving 38 percent ofthe property in permanent open space 7. The project's housing units and open space areas utilize aesthetic design principles to create an attractive development that blends with the character ofthe surrounding area. 8. The project as mitigated will not create traffic congestion, noise, odor or other adverse effects on the surrounding areas. 9. The project, which includes private streets with on-street parking, will provide adequate access, parking, landscaping, trash areas and storage, as necessary. B. A/S 03-36 should be and hereby is approved subject to: \880\616359.1 01-D22304-04 706089 1. Final Condition #1: A second tot lot shall be added to the project and each tot lot sited so that they serve different areas of the residential neighborhoods. 2. Final Condition #2: Prior to the approval of the final map, the applicant shall provide sufficient evidence to the City that it has acquired 20 acres of suitable off-site California tiger salamander habitat, or has an approved mitigation plan which requires the acquisition of 20 acres of suitable off-site California tiger salamander habitat. 3. Final Condition#3: The Applicant shall adopt all 13 features recommended for on-site mitigation measures for the California Tiger Salamander habitat are as contained in Appendix E, (Biological Survey and Assessment Report. Thomas Reid Associates, page 9) within the Draft EIR, Mesa Ridge -3- Resolution No. 2004-19 Subdivision, August 2003. This is subject to review and approval of the Habitat Conservation Management Plan by the California Department of Fish and Game. 4. The Mitigation/Monitoring Program and the mitigation measures set forth in the Final EIR, which Mitigation/Monitoring Program is attached hereto as Exhibit A, and incorporated herein by this reference. SECTION II This Resolution shall become effective, and approval of A/S 03-36 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 A/S 03-36, without further action by the City Council, is denied. PASSED AND ADOPTED this 1 st day of March, 2004 by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES and VALIQUETTE VELASCO and PINHEIRO NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE APPROVED: ~~ ert inheiro, Mayor ---------- ~~~ Rhonda Pellin, City Clerk \GBO\616359.1 01-022304-04706089 -4- Resolution No. 2004-19 EXHIBIT A Final Mitigation Monitoring Program CEQA Guidelines section 15097 requires public agencies to adopt reporting or monitoring programs when they approve projects subject to an environmental impact report or a negative declaration that includes mitigation measures to avoid significant adverse environmental effects. The reporting or monitoring program is to be designed to ensure compliance with conditions of project approval during project implementation in order to avoid significant adverse environmental effects. The law was passed in response to historic non-implementation of mitigation measures presented in environmental documents and subsequently adopted as conditions of project approval. In addition, monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures. A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measure's compliance. This monitoring program is designed to provide a mechanism to ensure that mitigation measures and subsequent conditions of project approval are implemented. Monitoring Program The basis for this monitoring program is the mitigation measures included in the project environmental impact report. These mitigation measures are designed to eliminate or reduce significant adverse environmental effects to less than significant levels. These mitigation measures become conditions of project approval, which the project proponent is required to complete during and after implementation of the proposed project. The attached checklist is proposed for monitoring the implementation of the mitigation measures. This monitoring checklist contains all appropriate mitigation measures in the environmental impact report. Monitoring Program Procedures The City of Gilroy shall use the attached monitoring checklist for the Mesa Ridge Subdivision. The monitoring program should be implemented as follows: I. The Gilroy Community Development Department should be responsible for coordination of the monitoring program, including the monitoring checklist. The Community Development Department should be responsible for completing the EMC Planning Group Ioc. 1 Mesa Ridge Subdivision EIR Final Mitigation Monitoring Program monitoring checklist and distributing the checklist to the responsible individuals or agencies for their use in monitoring the mitigation measures; 2. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring checklist have been complied with. Once all mitigation measures have been complied with, the responsible individual or agency should submit a copy of the monitoring checklist to the Community Development Department to be placed in the project file. If the mitigation measure has not been complied with, the monitoring checklist should not be returned to the Community Development Department; 3. The Gilroy Community Development Department will review the checklist to ensure that appropriate mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with at the appropriate time, e.g. prior to issuance of a use permit, etc. Compliance with mitigation measures is required for project approvals; and 4. If a responsible individual or agency determines that a non-compliance has occurred, a written notice should be delivered by certified mail to the project proponent within 10 days, with a copy to the Community Development Department, describing the non-compliance and requiring compliance within a specified period of time. If non-compliance still exists at the expiration of the specified period of time, construction may be halted and fines may be imposed at the discretion of the City of Gilroy. Mesa Ridge Mitigation Monitoring Checklist Step 1 Prior to approval of the tentative map, the following mitigation measure shall be implemented: Mitigation Measure 1 1. Prior to the approval of the tentative map, the project applicant shall revise the tentative map to provide conservation easement area for the preservation of California tiger salamander habitat. The final design shall provide a conservation easement area that is contiguous with adjacent habitat preservation areas and shall be approved by the Gilroy Planning Division in coordination with the California Department ofFish and Game and the United States Fish and Wildlife Service. Party responsible for implementation: Applicant EMC Planning Group Ioc. 2 "r Mesa Ridge Subdivision ElR Final Mitigation Monitoring Program Party responsible for monitoring: Gilroy Planning Division Step 2 Prior to approval of the final map, the following mitigation measures shall be implemented: 2. Prior to approval of the final map, the project applicant shall create a State- certified homeowners' association, or other suitable mechanism, for maintaining and funding the ongoing management of the habitat conservation easement, including both Parcel A and Parcel B. The homeowners' association, or other suitable mechanism, shall be structured so that it is responsible for enforcing habitat protection and maintenance measures to protect onsite biological resources. The homeowners' association may assess fines to property owners who are non-compliant with these measures. Fines assessed by the homeowner's association shall be used for on-site habitat protection, maintenance, and restoration, as necessary. Any noncompliance shall be reported to the California Department ofFish and Game and the United States Fish and Wildlife Service by the homeowners' association. The homeowners' association shall submit an annual report from a qualified biologist to the California Department of Fish and Game and the United States Fish and Wildlife Service. Party responsible for implementation: Applicant Parties responsible for monitoring: Gilroy Planning Division (homeowners' association) CDFG 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. EMC Planning Group Ioc. 3 Mesa Ridge Subdivision ElR Final Mitigation Monitoring Program 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 of Fish and Game and U.S. Fish and Wildlife Service, the project applicant shall prepare a California tiger salamander mitigation plan. The plan shall provide management steps for improving and maintaining the viability of the project site as California tiger salamander estivation habitat in perpetuity. The mitigation plan should include, but not be limited to, the following: . preservation by conservation easement of 20 acres of suitable off-site California tiger salamander habitat; restoration of upland habitat on Parcel A and Parcel B, including the removal of asphalt scatter, fill material, and compacted road surfaces, as necessary, and revegetation of these areas with appropriate native plant materials. This shall be bonded or completed by the project applicant prior to approval of the final map; development of a breeding pond within the lower elevation area of the habitat conservation area, including a salamander introduction program is deemed necessary by California Department ofFish and Game or United States Fish and Wildlife Service; . . . maintenance of the habitat; . provisions to ensure the necessary funding and monitoring of the habitat; . provisions for adapting the management plan in response to new information or changes in the conditions within the habitat conservation area, or if the goals of the habitat conservation area are not being met; use of salamander barriers and arched culvert (s) beneath the project access road to allow salamander passage under the road and to prevent salamanders from crossing on the surface of the road; . . a signage plan that outlines the number and location of signs installed to inform people of the potential presence of sensitive amphibians, to prevent people from straying into the habitat preserve, and to prohibit dogs in the habitat preserve; exceptions for use of portions of the habitat conservation area for picnic grounds or playgrounds, not to exceed one-quarter of an acre shall be approved by the California Department of Fish and Game; . a permanent commitment for the management of the habitat; . a requirement that plant materials used in landscaping at homes, along streets, or in open space areas within the project, use exclusively plants EMC Planning Group Ioc. 4 Mesa Ridge Subdivision ElR Final Mitigation Monitoring Program native to northern California, and placement of a deed restriction to that effect on all lots within the project; and, . educational material for distribution to residents by the homeowners' association. Party responsible for implementation: Applicant Party responsible for monitoring: CDFG 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 A venue 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 EMC Planning Group Ioc. 5 1" Mesa Ridge Subdivision ElR Final Mitigation Monitoring Program protection under the Federal Endangered Species Act at the time the building permit is issued, then the applicant shall consult with the United States Fish and Wildlife Service to determine the appropriate method for obtaining an incidental take permit. Evidence of the incidental take permit shall be submitted to the Gilroy Planning Division prior to issuance of the grading or building permit. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 13. Prior to building permit submittal, the project applicant shall submit a plan to the Gilroy Planning Division indicating the location, size and species of existing trees found within the project site boundaries. The plan shall indicate which trees are planned for removal. Based on review of the plan, the City shall determine which trees, if any, are "significant." If significant trees are determined to be located on the project site, these trees shall be retained, to the greatest extent feasible. The 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 EMC Planning Group Ioc. 6 Mesa Ridge Subdivision ElR Final Mitigation Monitoring Program include Best Management Practices that address source reduction and, if necessary, shall include practices that require treatment. The SWPPP shall be submitted to the City of Gilroy Engineering Division for review and approval prior to approval of a building permit for each phase of the project. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division 17. The project applicant shall submit plans for review by, and obtain an approved permit from the Santa Clara Valley Water District (SCVWD) prior to any work within 50 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 A venue adjacent to the project site. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division 20. The project proponent shall specify in project plans the implementation of the following dust control measures during grading and construction activities for the EMC Planning Group Ioc. 7 " Mesa Ridge Subdivision EIR Final Mitigation Monitoring Program proposed project. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Engineering Division: . Water all active construction areas at least twice daily; . Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; . Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; . Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; and . Sweep streets daily (with water sweepers) ifvisible soil material is carried onto adjacent public streets. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for fourteen days or more); Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.); Limit traffic speeds on unpaved roads to 15 mph; . . . . Install sandbags or other erosion control measures to prevent silt runoff to public roadways; and . Replant vegetation in disturbed areas as quickly as possible. Place 100 linear feet of 6 to 8 inch average diameter cobble at all exist points to dislodge and trap dirt from vehicle tires; Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and . . . Limit the area subject to excavation, grading and other construction activity at anyone time. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division 21. The following measures shall be incorporated into all project plans, subject to the review and approval of the City of Gilroy Engineering Division: . Idling time of construction equipment shall not exceed five minutes; EMC Planning Group Ioc. 8 Mesa Ridge Subdivision ElR Final Mitigation Monitoring Program . Limit the hours of operation of heavy duty equipment and/ or the amount of equipment in use; . All equipment shall be properly tuned and maintained in accordance with the manufacturer's specifications; . When feasible, alternative fueled or electrical construction equipment shall be used at the project site; . Use the minimum practical engine size for construction equipment; and . Gasoline-powered equipment shall be equipped with catalytic converters, where feasible. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division 22. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included on any permits issued for the project site, including, but not limited to building permits for future development, subject to the review and approval of the Gilroy Planning Division: If archaeological resources or human remains are discovered during construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 23. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 15064.5(e), subject to the review and approval of the City of Gilroy Planning Division: If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD EMC Planning Group Ioc. 9 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: EMC Planning Group Ioc. 10 Mesa Ridge Subdivision Em Final Mitigation Monitoring Program 7. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities on the project site, field surveys shall be conducted by a qualified biologist to determine if burrowing owls are present in the construction zone or within 200 feet of the construction zone. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. These surveys shall be required only if any construction would occur during the nesting and/or breeding season of burrowing owls (February I through August 31) and/or during the winter residency period (December 1 through January 31). If active nests are found in the survey area, a burrowing owl habitat mitigation plan shall be submitted to the California Department of Fish and Game for review and approval. The burrowing owl habitat mitigation plan shall contain mitigation measures contained in the California Department of Fish and Game Staff Report on Burrowing Owl Mitigation (California Department ofFish and Game 1995). Compliance with this mitigation measure may include, but not be limited to, the following: . Avoidance of occupied burrows during the nesting season (February 1 through August 31); . Acquisition, protection and funding for long-term management and monitoring of foraging habitat adjacent to occupied habitat; . Enhancement of existing burrows and/or creation of new burrows; and . Passive relocation of burrowing owls. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 8. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities, a tree survey shall be conducted by a qualified biologist to determine if active nest(s) of protected birds are present in the trees. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. This survey shall be required only if any construction would occur during the nesting and/or breeding season of protected bird species potentially nesting in the tree (generally March 1 through August 1). If active nest(s) are found, clearing and construction within 200 feet of the tree shall be halted until the nest(s) are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting, as determined by the qualified biologist. If construction activities are not scheduled between March 1 and August 1, no further shrike or tree surveys shall be required. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division EMC Planning Group Ioc. 11 Mesa Ridge Subdivision ElR Final Mitigation Monitoring Program Step 7 The following mitigation measures shall be implemented prior to commencement of creek crossing construction: 9. Prior to the commencement of bridge or other creek crossing construction activities, the project applicant shall obtain a California Fish and Game Code Section 1603 Streambed Alteration Agreement (SAA) from the California Department of Fish and Game. Bridge or other creek crossing construction work shall to be initiated and completed during the summer and fall months when the water levels are low. Typically, no construction work is allowed in the creek between October 15 and early June. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 10. Prior to commencement of bridge or other creek crossing construction activities, the project applicant shall have a qualified biologist prepare a revegetation plan for approval by the City of Gilroy and the California Department of Fish and Game. The revegetation plan shall identify the exact amount and location of impacted and replacement riparian habitat, and shall specify the use of locally- obtained native riparian species. Any loss of riparian vegetation resulting from bridge construction activities shall be mitigated on-site at a minimum 3: 1 replacement ratio. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 11. Prior to the commencement of bridge or other creek crossing construction activities, subject to the review of the Gilroy Planning Division, the project applicant shall install siltation fencing, hay bales, or other suitable erosion control measures along portions of Farman Canyon Creek in which construction will occur and within 20 feet of construction and/or staging areas in order to prevent sediment from filling the creek. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division EMC Planning Group Ioc. 12 . ' t'~ Mesa Ridge Subdivision ElR EMC Planning Group Ioc. Final Mitigation Monitoring Program This side intentionally left blank. This side intentionally left blank. 13 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2004-19 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. ~~. City Clerk of the City of Gilroy (Seal)