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Resolution 2004- 22RESOLUTION NO. 2004-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A ONE -YEAR EXTENSION FOR TM 02 -02, A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY 35 -ACRE SITE INTO 39 RESIDENTIAL HILLSIDE LOTS LOCATED ON CARRIAGE HILLS DRIVE BETWEEN WILD IRIS AND VALLEY OAKS DRIVES, AND EXTENDING RDO ALLOCATION APPROVAL, APN 783 -52- 007. WHEREAS, Mantelli Trust, the applicant, is requesting an extension until December 31, 2005 of the approval for TM 02 -02, a Tentative Map set to expire on September 3, 2004, to subdivide an approximately 35 -acre site into 39 residential hillside lots located at the terminus of Carriage Hills Drive between Wild Iris and Valley Oaks Drives, APN 783 -52 -007; and WHEREAS, the applicant also requests an extension of time for the project's allocation under the City's Residential Development Ordinance ( "RDO ") of 39 units, 15 units granted in 1992 by RD 92 -16, and two sets of 12 units each granted in 1999 by RD 99 -12, with the first twelve units requiring a final map to be approved by July 2003, and the second twelve units requiring a final map by July 2004; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City Council adopted a Negative Declaration on January 17, 1995, in connection with earlier phases of this project, said Negative Declaration also incorporating this proposed phase; and WHEREAS, the City Council, after duly noticed public hearings on July 15, 2002 and August 5, 2002, adopted Resolution No. 2002 -62 approving TM 02 -02 on September 3, 2002; and 1GB01616433.2 -1- 022404- 04706089 Res. No. 2004 -22 WHEREAS, pursuant to Gilroy City Code sec. 21.41.1, initial approval of a tentative map is valid for two (2) years and may be conditionally extended by the City Council for up to three (3) periods of up to one (1) year each, thereby making this tentative map eligible for extension only to September 3, 2005; and WHEREAS, the City Council at a duly noticed public meeting on February 17, 2004, considered the staff report dated February 10, 2004, regarding the request for extension of TM 02 -02; 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. 2. The project is consistent with the Zoning Ordinance, the City's Subdivision and Land Development Code, and the State Subdivision Map Act. 3. There are no facts to support findings requiring denial of the proposed tentative map extension pursuant to California Government Code section 66474. 4. There is no substantial evidence in the record that this project as mitigated will have a significant effect on the environment. B. Approval of Tentative Map TM 02 -02, which currently expires September 3, 16601616433.2 -2- 022404- 04706089 Res. No. 2004 -22 2004, hereby is extended one year until September 3, 2005, subject to all previously imposed conditions as follows: The conditions described in the Staff Report dated June 28, 2002, and the forty - six (46) mitigation measures set forth in the Negative Declaration, attached hereto as Exhibit A and incorporated herein by this reference. C. RDO allocation approvals for the project, RD 92 -16 and 99 -12, which currently expire April 17, 2004, are also hereby extended until September 3, 2005, subject to all previously imposed conditions, provided that the applicant enters into an RDO performance agreement with the City concerning these allocations, and pays any initial deposits that may be due and owing the City, all within 60 days of the date of this Resolution. PASSED AND ADOPTED this 15th day of March, 2004 by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: Bert Pinheiro, Mayor ATTEST: l Rhonda Pellin, City Clerk -3- \GBO \616433.2 022404 - 04706089 Res. No. 2004 -22 Community Development Department Planning Division (408) 846 -0440 Tentative Map June 28, 2002 FILE NUMBERS: TM 02 -02 APPLICANT: Mantelli Family Trust c/o John Mahoney (831- 646 -1919) LOCATION: The terminus of Carriage Hills Drive between Wild Iris and Valley Oaks Drives STAFF PLANNER: Cydney Casper (ccasper a.ci._ilroy.ca.us) REQUESTED ACTIONS: The applicant is requesting tentative map approval to subdivide 35 acres into 39 residential hillside lots. DESCRIPTION OF PROPERTY: Parcel No.: 783 -52 -007 Net Area: 35.06 acres Flood Zone: "X" Panel 4 060340 0002D Date: 8 -17 -98 STATUS OF PROPERTY: Existing Land Use General Plan Designaiion Undeveloped Hillside Hillside Residential STATE'S OF SURROUNDING PROPERTY: Existing Land Use General Plan Designation N: Single Family Residences Low Density Residential S: Hillside Residences Hillside Residential E: Future To,.Nnbomes Low Density Residential W: Future Hillside Residences Hillside Residential EXHIBIT A Zoning RH Zoning R l -PUD RH R1 -PUD RH TM 02 -02 June 28, 2002 CONFORMANCE OF REQUEST WITH GENERAL PLAN: The proposed project conforms to the Hillside Residential land use designation for the property on the General Plan Land map and is consistent with the intent of the text of the General Plan document. ENVIRONMENTAL IMPACTS: An expanded Initial Study was prepared for the original Phases of the Carriage Hills subdivision, which includes this phase (Phase III) for the hillside development. A Negative Declaration was prepared and adopted by the City Council on January 17, 1995. This hillside project was reviewed in conjunction with the previously prepared Initial Study and was found to be consistent. Subsequent biological studies were completed to determine any additional significant impacts on the environment. No additional effects on the environment were determined beyond that identified and mitigated in the adopted Negative Declaration. RELATED APPLICATIONS: Z 94 -03 Request to rezone the Carriage Hills site from R1 (Single Family Residential); RE (Hillside Residential), and PF (Park/Public Facility) to R1 -PUD (Single Family Residential — Planned Unit Development) and RH (Residential Hillside). This zone change was approved by the City Council on January 17, 1995. RDO BACKGROUND: A total of 176 allocations have been awarded for Carriage Hills Phases I, II and III. To date, 137 units have been developed in Phases I and II. The 39 RDO allocations for the Phase III hillside units are comprised of 15 allocations awarded in 1992 (RD 92 -16) and 24 allocations awarded in 1999 (RD 99 -12) to complete the hillside phase. ANALYSIS: The applicant, Mantelli Family Trust, is proposing to subdivide approxvnately 35 acres of land to develop 39 single- fanuly, custom, hillside lots. This project is phase III of the overall Carriage Hills development, which has one additional future phase consisting of townhouse units to be located on the parcel to the east. The proposed hillside lots range in size from 20.400 square feet to 50,700 square feet with a 17.26 acre private open space parcel. The ?9 units within 35 acres constitutes a density of approxvnately 0.90 units per acre, which is consistent with the General Plan's density range of 0.50 to 4 units per acre in the Residential Hillside land use designation. Page 2 TM 02 -02 Circulation June 28, 2002 Access will be provided from Mantelli Drive via Wild Iris Drive. A series of private streets termiriating in hammer -head turnarounds and scattered with clustered parking spaces provides circulation throughout the project site. A split street around a large specimen oak tree preserves the tree and provides an added entryway feature to the project. An emergency vehicle access from "Private Street E" to Carriage Hills Drive will provide secondary access for the project. Environment There are a number of environmental features on the project site associated with the hillside environment: ❖ Many large specimen oak trees and oak canopies. Of these trees, approximately 12 are proposed for removal, 1 l could be impacted due to construction and grading and 6 will be effected by canopy alterations to accommodate the streets. According to a report, Oak Woodland Impacts and Mitigation Plan, prepared by H.T. Harvey & Associates for the project, approximately 360 trees will be planted in areas on the west and north sides of the site to mitigate the impacts on the trees. • :• Hillside slopes exceeding 30 percent. The area with slopes exceeding 30 percent are primarily located on the east and north sides of the property. To preserve the slopes, these areas have been incorporated into.a separate parcel set -aside as private open space. • :• Small spring fed pond. There is a small spring -fed pond located in the northeast corner of the property. A 100 -foot buffer area around that pond has been established in the design of the project and is incorporated into the private open space parcel. Additionally, the developer will be required to improve and re- vegetate the pond area consistent with the Carriage Hills Freshwater Marsh Pond Mitigation Plan, prepared by H.T. Harvey & Associates to provide cover, nesting areas and additional habitat. Special status plant species. An existing stock pond in the northwest corner of the property provides habitat for a special status plant species, Mt. Diablo cottonweed (Micropus amphibolus), which was found to be abundant within a 150 -foot radius of the pond. The stock pond has been incorporated into the private open space parcel and lots 25 and 27 will be restricted from any development that will disturb the natural state on the rear of these lots within "Area A ". The private open space parcel is approximately 17.26 acres in size (49 percent of the overall site) and will function to preserve these features, provide an additional 1.6 acres of tree canopy coverage as mitigation, and additional habitat areas at each of the ponds. The parcel will be maintained by a homeowner`s association established by the developer prior to the sale of any of the lots. Page 3 TM 02 -02 Staff Recommendation June 28, 2002 Staff recommends approval of Tentative 111ap request TM 02 -02 with 4 conditions for the following reasons: A. The proposed project is consistent with the approval granted to the developer by the City Council under the Residential Development Ordinance; B. The proposed tentative map is consistent with land use designation of the City's General Plan map and the intent of the goals and policies of the General Plan document; C. The proposed development is consistent with the Zoning Ordinance and the City's Subdivision and Land Development Code.; and D. There will be no significant environmental impacts as a result of this .project due to the required mitigation measures applied. CONDITIONS 1. Mitigation Measures #1 through #45, contained within the Negative Declaration prepared under Z 94 -03, dated 10121194, shall be applied to the approval of the project in order to reduce and/or eliminate al potential significant impacts to a level of insignificance, as required under the California Environmental Quality Act (CEQA). 2. The applicant shall meet the following conditions subject to the review and approval of the Planning Division (Cydney Casper, 408 - 846- 0440): a. A Homeowner's Association (HOA) shall be established for the maintenance and preservation of the private open space areas and streets. The developer, or successor in interest, shall submit a copy of the Covenants, Conditions and Restrictions (CC &R's) for review by the Planning Division and City Attorney prior to recordation of any Final Map. b. The final planting area for the revegetation program shall be established within the mitigation areas designated in the Oak Woodland Impacts and Mitigation Plan prepared by H. T. Harvey & Associates dated June 17, 2002 and submitted for review prior to approval of any grading plans. Revegetation and subsequent monitoring shall be consistent with the planting methods outlined in this some document. Monitoring reports shall be submitted to the Planning Division for review. C. A qualified professional archeological monitor shall be present during all construction and earth- moving activities on lots 17, 18, 19, and 20. In the event archeolo -ical resources or human remains are discovered, all work shall be halted to within 150 feet of the find until it can be evaluated by a qualified professional archeologist. Paee 4 TM 02 -02 June 28, 2002 d. All grading and improvement plans shall include a note as follows: "If archeological resources or human remains are discovered during construction, work shall be hatted within 50 meters (150 feet) of the find until it can be evaluated by a qualified professional archeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. " e. The developer, or successor in interest shall coordinate with the U.S. Postal Service to locate the clustered mail boxes adjacent to the clustered parking spaces for safe access. f. All buildings, including accessory structures, shall be developed within the building envelopes as shown on the tentative map. g. Lots 25 and 27 shall be restricted from making any modifications in the way of landscaping, walkways, paths or placement of. any structures so as to disturb the natural state within the area designated as "Area A " for Diablo Cottonweed Mitigation. h. All retaining walls shall be constructed of textured masonry material (keystone typical). An arborist report will be required along with an Architecture and Site Review application for each individual lot prior to the issuance of any permits for prading or construction and before any trees are trimmed and/or cut. 3. The applicant shall meet the following conditions subject to the review and approval of the Engineering Division (Kristi Abrams or Don Nunes, 408 - 846 - 0450): a. The site distance for parking at Lots 13, 22 and 30 does not appear to be adequate. Parking dimensions and configurations must meet City standards. b. Remove all notes regarding concrete sivales for final map. Location and design of nvales to be determined with grading plan submittal. C. Clearly delineate all building envelopes for each parcel on final map. d. Clearly show all easements on improvement and grading plans and final map. Sheet 5 of the submitted plans do not clearly show all easements. e. The private storm drain easement (PSDE) to storm drain easement private (SDEP) and private sanitary se»-er easement (PSSE) to sanitary sewer easement- private (SSEP) to minimise confusion. i. The final map shall specify the ownership and maintenance of privute streets and open space shall be through an established homeoi+-ner's association. Page 5 TM 02 -02 June 28, 2002 g. Improvement plans, designed to City standards, shall be submitted with the final map. h. Fees, bonds and an improvement agreement is required prior to recording the final map.: i. Submit an estimated cost of public owned facilities, both on -site and off -site, to the Engineering Division. j. All overhead utility facilities within newly constructed public streets shall be placed underground. No utility undergrounding fee shall be required for any frontage of a development project which is adjacent to a street which will be improved, including utility undergrounding as a condition of such project. k. New and existing utility lines, appurtenances and associated equipment, including, but not limited to, electrical transmission, street lighting, and cable television shall be required to be placed underground as required in Section 21.111 of the City of Gilroy Municipal Code. 1. The following shall be added as general notes to the final map submittal: ♦ Certification of an erosion control plan is needed prior to October IS`t' of each year prior to any grading. Certification of grades and compaction is required prior to paving. Certification of improvements on the site plans is required prior to building final. ♦ If the project has excess fill that will be off - hauled to a site within the city limits of Gilroy, an additional grading permit is required. 4. The applicant shall meet the following conditions subject to the review and approval of the Building, Life and Environmental Safety Division (Rodger Maggio, 408- 846 -0430) a. The EVA shall be constructed to the same standard as the roadways for this project. The width may be 20' as shoi n. b. Gates impede emergency access. Are -ales being proposed for any part of this project? Gates shall be automatic opening by Opticom or Knox -key. C. The road grades in areas of this pr(; ect exceed the maximum alimiable grade of 15% Some Turn-(.? uivnds do not meet minimum standards. C. All roads shall be conspicuously posted "CVO PARKING -FIRE LANE ". Page 6 TM 02 -02 June 28, 2002 f. This development is immediately adjacent to natural open space areas. Fuel transition/ modification zones are shown. Provide detail for fuel transition zones including maintenance provisions. g. A safer design would have an exterior loop road with the homes on the inside of the loop. The road then acts as afuel break, and backyards won't back -up to the wild land interface. h. A11 construction and landscaping to be per Residential Hillside Guidelines. i. Fire sprinklers conforming to NFPA 13D are required in all structures in this development. j. Show locations of proposed fire hydrants. k. All roadways shall meet or exceed fire dept. standards for width, turn- arounds and maximum grades. Access shall not be impeded by parking, diverters, speed - bumps, or gates unless approved by the Fire Department. 1. Provide detail on mitigation of wildland interface threat. Exterior loop road design preferred. M. Fire sprinklers for all structures are required along with the requirements set forth in the Residential Hillside Guidelines. n. Fire hydrant spacing shall be per City of Gilroy standards. Respectfully, r � William Faus Planning Division Manager bfausO_ci.gilroy ca.us Attachments: 1. Tentative Map Plans 2. Neeative Declaration adopted by City Council 1 /17/95 Page 7 1anningDepartment City of Gilroy NEGATIVE 7351 Rosanna St. Gilroy, CA 95020 (408) 848 -0440 DECLARATION CITY FILE NUMBERS: Z 94 -3, TM 94 -2, TM 94 -3, PUD A/S 94 -14 PROJECT DESCRIPTION: Name of Project: New Cities Development Group, "Carriage Hills ". Nature of Project: Proposed request to rezone a portion of the site from R1 (Single Family Residential), RH (Residential Hillside), and PF (Park /Public Facility) to R1 -PUD (Single Family Residential, Planned Unit Development) and RH (Residential Hillside); two Tentative Map requests to subdivide the property into 140 single family lots with a remaining lot; and a Planned Unit Development request for design review covering the 140 single family homes and future park site. PROJECT LOCATION: Location: West of Rancho Hills Drive, and north of Mantelli Drive. Assessor's Parcel Numbers: 783 -52 -003, 004, and 005 Entity or Person(s) Undertaking Project: Name: New Cities Development Group Address: 9781 Blue Larkspur Lane, Monterey, CA 93940 EXPANDED INITIAL STUDY: An Expanded Initial study for this project was undertaken and prepared for the purpose of ascertaining whether the project might have a significant effect on the environment. A copy of this study is on file at the city of Gilroy Planning Department, 7351 Rosanna Street, Gilroy, California. FINDINGS S REASONS: The Initial study identified potentially significant effects on the environment. However, the applicant has agreed to specific revisions in the project and /or the project has been revised. See the following list of Mitigation Measures, which avoid or mitigate potential effects to a point where no significant effects will occur. There is no substantial evidence that the project, as revised, may have a significant effect on the environment. The following reasons will support these findings: A. The proposed Rezoning, Tentative Maps, and Planned Unit Development applications are consistent with the City's General Plan land use r.ap; B. The proposed project is substantially consistent with the adopted ocals and policies of the City's General Plan document; C. The granting of this request will not adversely affect or impact neighboring parcels of land or adjacent deveicped residential properties; and D. All potential significant effects can be miticated to reduce them to an insignificant level of impact. EXHIBIT B NEGATIVE DECLARATION 10/21/94 Z 94 -3, TM 94 -2, TM 94 -3, PUD: A/S 94 -I4 Mitigation Measures: 1. The project shall be designed in accordance with earthquake design regulations of the uniform Building code, subject to review and approval by the City Building Department. 2. Geology and soils reports shall be prepared for each phase of the proposed project. The reports and final mitigations shall consider the recommendations as presented in the 1979 geologic feasibility investigation prepared by Geoconsultants, Inc. The recommendations include, but may not be limited to: A. soil and foundation engineering investigation shall be performed in Zones A and B to include the following: • Determine appropriate foundation support and structural design, for residences in Zones A and B in the event of a nearby earthquake; • Perform a detailed examination of the existing slope stability and conformity of the proposed construction to the hillside conditions; • Evaluate the risks and costs associated with development on the hillsides; B. If hillside development is to be situated in areas identified as Zone B, an additional detailed geological investigation on selected building sites shall be conducted. (At this time, however, the proposed site plan does not identify any residences to be built in Zone B); and C. Development shall not be located in Zone C. (At this time, the proposed site plan appears to have been designed to avoid development in Zone C). 3. structures shall not be constructed within 50 feet of any trace fault lines (Hillside Development Guidelines 1B). Lots located within 50 feet of the fault trace line include 37 and 38 in .Phase 1, and 61, 62, 64, 92, 93, 94, and 95 in Phase 2. The project proponent shall submit a plan, as part of the PUD for Phases 1 and 2, identifying building envelopes on all lots, taking into consideration required setbacks. The plan is subject to review and approval by the city Planning Department and city Engineer prior to approval of the tentative map. 4. The project proponent shall prepare a detailed grading and erosion control plan which shall include, but not be limited to the following: A. In order to preserve the natural environment, any alterations to existing contours and slopes shall be kept to a minimum. All grading in this district shall be verified by the city Engineer as being the least amount necessary to provide services to the proposed structures (Hillside Development Guidelines IIAl); B. Grading, cut and fill, and retaining walls shall be minimized for hillside development by using innovative building techniques which reflect the natural topography of the site. when cut and fill is unavoidable, it shall be stabilized by rounding and landscaping. Retaining walls may be permitted in order to reduce cut and fill (Hillside Development Guidelines IIA2); c. upon completion of grading, and prior to the start of construction, bare soil shall be protected as set forth in the City of Gilroy Erosion control ordinance (Hillside Development Guidelines IIA3); NEGATIVE DECLARATION : 10/21/94 Z 94 -3, TM 94 -2, TM 94 -3, PUD: A/S 94 -14 D. Grading shall not be permitted during the winter season as set forth in the City of Gilroy Erosion control ordinance, unless specific erosion control measures are reviewed and approved by the City Engineer (Hillside Development Control IIA4); E. All utility mains shall be located outside of the fault zone; F. All grading requirements as discussed in section 5.3 Vegetation and wildlife concerns. They are as follows: • Grading, filling, development, and /or other ground disturbance shall not occur outside of the footprint of Phases I and 2 until the California Tiger salamander survey results have been compiled and . mitigation measures, if required, have been agreed upon by the CDFG. special conditions for activity within the footprint of Phase 2 (Lots 3 -8) are indicated in Mitigation Measure 10. • Create a 100 -foot buffer measured outward from the periphery of the spring -fed pond and center line of the drainage above the pond. Prior to development, this buffer zone should be delineated in the field. No development, staging of equipment or construction materials, placement of spoils, discharge of construction - related wastes, or vegetation removal shall be allowed in the buffer zone. The buffer zone is intended to function as a filter strip for reducing sediments and pollutant loading of the pond. • The City of Gilroy Public works Department shall monitor the project during grading and construction to ensure that the buffer zone has been delineated, approved erosion control measures are implemented, permanent erosion protection are established, and that best management practices regarding the storage and disposal of construction materials and the fueling and maintenance of vehicles and equipment are utilized. • Grading shall not be permitted to damage the root system of existing native oak trees. The detailed grading and erosion control plan shall be incorporated into the final improvement plans for each tentative map application, subject to review and approval by the Public works Department prior to approval and recordation-of final subdivision maps. 5. when a tentative map is prepared for the townhouse portion of the project site, the townhouse building located in slopes greater than 30 percent shall be relocated to an area with less than 30 percent slopes. The tentative map shall be subject to review and approval by the Gilroy Planning Department, prior to approval of the tentative _map for the townhouse portion of the project site. 6. The design and construction of all storm drainage improvements serving the project site shall be provided by the developer, subject to review and approval by the City Department of Public works. These design plans shall include, but not be limited to: A. Applicable storm water source and treatment -haled best management practices, applied and maintained, as recommended in the California Storm water Best Management Practice Handbook. The plan should consider drainage to existing water features, such as the two ponds and the creek north of the project site boundary, as well as the drainace to the City's storm drain system; B. provisions for periodic sweeping for roadways, driveways, and parking areas on the project site; NEGATIVE DECLARATION 4 10/21/94 Z 94 -3, TN 94 -2, TM 94 -3, PUD: A/S 94 -14 C. A design to reflect the City's storm water Master Plan; D. Existing drainage patterns shall be preserved to the greatest extent possible. Man -made alterations of the natural drainage system shall be minimized. All geotechnical reports shall identify possible springs as a source of under -floor water and the need for foundation drains (Hillside Development Guidelines ID) and drains to protect the street structure; E. Native shrubs and trees shall be retained on hillside terrain wherever possible to help maintain natural drainage swales, reduce erosion, and preserve the character of the hillside environment. Native vegetation and trees shall be protected from damage during construction (Hillside Development Guidelines IIG2); F. Paved areas shall be designed to minimize drainage that is channeled to one location. Pathway paving shall be 'kept to a minimum and shall be porous in nature, wherever feasible; and G. Drainage facilities shall be designed and installed to collect and transport the natural flows in the hillside away from the streets and buildings and into approved drainage structures. 7. Developers shall pay the appropriate storm drain development fees, subject to review by the City Department of Public works prior to issuance of a building permit. 8. The project proponent shall obtain a National Pollution Discharge Elimination Systems Program (NPDES) General Construction Permit, required under the Federal clean water Act, from the Regional water Quality Control Board prior to issuance of a building permit. The NPDES construction permit required implementing both construction and post- construction phase storm water pollution best management practices. Additionally, the proposed project shall implement provisions of the NPDES construction permit, which require preparing and complying with a storm water Pollution Prevention Plan. 9A. RARE PLANTS_SFuture Phases): Future phases of the proposed project shall be designed to avoid development within Area B. Prior to development, this area should be delineated in the field. No development, staging of equipment or construction materials, placement of spoils, vegetation removal, or recreational uses shall be allowed in this area. This site should be contiguous with undeveloped habitat to avoid creating small "island" preserves. Although the preliminary site plan depicts that the project appears to avoid Areas A, C, D and F, this measure applies to these areas as well. Future phases shall be designed, subject to review and approval by the City of Gilroy Planning Department prior to approval of the tentative maps for these phases. If Mitigation Measure 9A is not fusible, then implement Mitigation Measure 9B. NEGATIVE DECLARATION S 10/21/94 Z 94 -3, TM 94 -2, TM 94 -3, PUD: A/S 94 -I4 9B. RARE PLANTS (Future Phases): Conduct rare plant surveys during the appropriate times of the year in order to determine the absence or presence of early (February - April) and late (June - October) flowering special status plan species that were not observed during this study in Areas A, B, C, D and F. , Develop appropriate measures to mitigate significant impacts and a monitoring program as needed. If rare plants are not found with additional surveys, then mitigation measures would not be required. However, it is recommended that development in Areas A, B, C, D and F be avoided to the greatest extent possible, because these areas significantly contribute to plant species diversity on the site. Rare plant surveys shall be conducted, subject to review and approval by the City of Gilroy Planning Department prior to approval of the tentative maps for future phases. 10A. CALIFORNIA TIGER SALAMANDER (Phases 1 and 2): Conduct a winter survey, and a spring survey if necessary, to determine presence or absence of Tiger Salamanders on the project site and their migration routes between the pond and upland habitat. surveys shall be conducted following CDFG protocol, under the supervision of CDFG. These portions of the project site encompassing Phases 1 and 2 are considered less than suitable habitat for the Tiger salamander, with the exception of Lots 3 -8 in Phase 2. Therefore, grading, filling, development and /or other ground disturbing activities may occur in Phases 1 and 2 with the exception of Lots 3 -8 in Phase 2. The surveys shall be conducted prior to final map approval for Lots 3 -8 in Phase 2. if the Tiger salamander is determined not to occur in the vicinity of Lots 3 -8 in Phase 2, no further mitigation measures will be required and the lead agency may, at their discretion, approve the final map for Lots 3 -8 in Phase 2. If the Tiger salamander is determined to occur in the vicinity of Lots 3 -8 in Phase 2, appropriate mitigations will be developed in conjunction with CDFG, depending on the specific results of the surveys, and may include modification and /or omission of Lots 3 -8 in Phase 2. Appropriate mitigations may include, but not be limited to, the following: • Dedication of a conservation easement (area to be determined after survey results are prepared); and • Preparation of a habitat management program to manage Tiger salamander habitat in the long -term. surveys shall be conducted prior to approval of tentative maps for future phases of the proposed project and prior to approval of the final map for Phase 2. The tentative map for Phase 2 shall be revised to note the exception of Lots 3 -8, requiring the surveys prior to, and as a condition of, final map approval for Phase 2. If the Tiger salamander are found at the project site, and in the event that the species becomes formally listed, the developer would be required to obtain an Incidental Take Permit under section 7 of the Endangered species Act and be responsible for the preparation and implementation of a Habitat conservation Plan (HCP) as a part of the project. The issuance of the permit would be contincent on approval of the HCP by the FwS. NEGATIVE DECLARATION 10/21/94 Z 94 -3, TM 94 -2, TM 94 -3, PUD: A/S 94 -14 10B. CALIFORNIA TIGER SALAMANDER (Future Phases): Conduct a winter survey, and a spring survey if necessary, to determine presence or absence of Tiger Salamanders on the project site and their migration routes between the pond and upland habitat. surveys shall be conducted following CDFG protocol, under the supervision of CDFG. Surveys shall be conducted prior to tentative map approval for future phases of the proposed project. If the Tiger Salamander is determined not to occur on the project site, no further mitigation measures will be required. If the Tiger Salamander. is determined to occur on the project site, appropriate mitigations will be developed depending on the specific results of the surveys in conjunction with CDFG. Appropriate mitigations may include, but not be limited to, the following: • Dedication of a conservation easement (area to be determined after survey results are prepared); • Preparation of a habitat management program to manage Tiger salamander habitat in the long -term; and • Preparation of a "modified- initial study and mitigation negative declaration for public review. This modified initial study shall report the results of the surveys and present mitigation developed in conjunction with CDFG. Surveys shall be conducted prior to approval of tentative maps for future phases of the proposed project. The surveys described in this mitigation measure are.the same surveys required in mitigation measure 10A for Lots 3 -8 in Phase 2. These surveys are anticipated to take place in winter, 1994 -95, and if necessary, in spring, 1995. If the Tiger Salamander are found at the project site, and in the event that the species becomes . formally listed, the developer would be required to obtain an Incidental Take Permit under Section 7 of the Endangered species Act and be responsible for the preparation and implementation of a Habitat Conservation Plan (HCP) as a a part of the project. The issuance of the permit would be contingent on approval of the HCP by the FWs. 11. CALIFORNIA TIGER SALAMANDER (Phases I and 2): No grading, filling, development, and /or other ground disturbance shall occur outside of the footprint of Phase 1 and 2 until the California Tiger Salamander survey results have been complied and mitigation measures have been agreed upon by the CDFG. special conditions for activity within the footprint of Phase 2 (Lots 3 -8) are indicated in Mitigation Measure 10A. 12. BURROWING OWL (All Phases): Thirty days prior to the start of the earth - moving activities, a pre- construction survey for burrowing owls shall be conducted by a qualified biologist. If present, the owls shall be passively relocated to off -site habitat contiguous with the project site. Relocation of the owls shall be performed by a qualified wildlife biologist, in coordination with CDFG. Nesting owls shall be relocated after a wildlife biologist has determined that the young have fledged. Fassive relocation involves installing one -way doors in burrow entrances. Relocation shall be monitored for one week to confirm use of alternate burrows. original burrows shall be filled to prevent reuse. NEGATIVE DECLARATION 7 10/21/94 Z 94 -3, Th1 94 -2, TM 94 - ,3, PUD: A/S 94 -14 13. WHITE- TAILED KITE AND LOGGERHEAD SHRIKE (All Phases): Tree - removal and grading activities shall begin during the non - breeding season (August 1 through March 15). However, the removal of large trees must be consistent with Mitigation Measure 14, below. scheduling construction activities in this manner is intended to discourage use of the project site for nesting and is less likely to result in incidental mortalities. 14. PALLID BAT (All Phases): Avoid the removal of oak trees 20 inches in diameter or greater at breast height. All trees and snags to be saved should be marked in the field in coordination with a wildlife biologist. Removal of trees and snags should occur from September through October to reduce the likelihood of destroying occupied maternity roosts and wintering roosts. Large trees and snags may be removed during other periods that are consistent with Mitigation Measure 13, above, if a qualified bat specialist were to determine that roosting bats are not present in the trees and snags proposed for removal. Tree and snag removal shall be monitored by a wildlife biologist-or the City of Gilroy Planning Department, and are subject to Section 6 of the Consolidated Landscape Policy. 15. FRESHWATER MARSH POND (All Phases): Create a 100 -foot buffer measured outward from the periphery of the spring -fed pond and center line'of the drainage above the pond. Prior to development, this buffer zone should be delineated in the field. No development, staging of equipment or construction materials, placement of spoils, discharge of construction - related wastes, or vegetation removal shall be allowed in the buffer zone. The buffer zone is intended to function as ,a filter strip for reducing sediments and pollutant loading of the pond. In addition, implement best management practices to avoid degradation of water quality of the pond due to erosion, sedimentation, and inappropriate disposal of construction wastes. some examples of best management practices that shall be included in the plans are: • Stabilizing denuded areas prior to the wet season; • Limiting construction access points and stabilizing access points; • Protection of adjacent areas with sediment barriers; • Stabilizing and preventing erosion from temporary conveyance channels; • Appropriate construction material and construction waste handling, storage, and disposal practices; and • Appropriate vehicle and equipment fueling and maintenance practices. The biologist performing the work shall consult with the city Planning Department and the project archaeologist regarding significant archaeological resources in the spring -fed pond area. This consultation is necessary for the archaeologist and the biologist to gain an understanding of both the archaeological and the biological resources located in this portion of the project site. The 100 -foot buffer shall 1:•e delineated in the field pr.'Jcr to issuance of a grading permit for Phase 1 and shall remain for all phase of the proposed project. 16. FR.ESFWATER MARSH POND (All Phases) : The City of Gilroy Public Works Department shall monitor the project during grading and construction to ensure that the buffer zone has been delineated, approved erosion control measures are implemented, permanent erosion protection are established, and that best management cractices regarding the storage and disposal of construction materials and the fueling and maintenance of vehicles and equipment are utilized. NEGATIVE DECLARATION L 10/21/94 Z 94 -3, TM 94 -2, TM 94 -3, PUD: A/S 94 -14 17. FRESHWATER MARSH POND (All Phases): The project shall implement best management practices, through a management plan, that reduce post - construction non -point source impacts from development within the watershed of the pond. The measures shall be consistent with Hillside Residential Development policies, subject to review and approval by the City of Gilroy Public works Department. 18. FRESHWATER MARSH POND (All phases): Lighting that directly illuminates the spring -fed pond shall not be established. This measure is intended to reduce the adverse effects of night lighting on nocturnal wildlife using the pond for drinking or foraging. 19. FRESHWATER MARSH POND (Future Phases -Phase 3): Enhance the habitat values of the spring -fed pond by establishing willow plantings around the periphery of the pond and improving the berm. This measure is intended to provide cover for secretive species, increase nesting and foraging substrates, help maintain water levels, and reduce the adverse affects of night lighting in the vicinity of the pond. A re- vegetation plan and monitoring program shall be developed and implemented by a qualified native habitat restoration specialist and approved by a qualified wildlife biologist prior to project approval. Berm improvements shall be designed into the project and approved by a qualified wildlife biologist. This plan shall be subject to review and approval by the City of Gilroy Planning Department, prior to issuance of a grading permit for future phases of the project. 20. FRESHWATER MARSH POND (Future Phases): The proposed project, including the preliminary site plan for future development on the hillside, is designed such that access to the spring -fed pond by wildlife is possible along the undeveloped portions of the north - facing and east - facing slopes of the hillside on the project site. If future phases are not affected by the results of the California Tiger salamander surveys, these corridor areas, as depicted on the preliminary, site plan, shall be left undeveloped to avoid isolating the pond and impeding wildlife use. These areas are contiguous with oak woodlands and grasslands west of the project site and oak woodlands to the south (future country Estates). 21. FRESHWATER MARSH POND (All Phases): Responsible agencies shall avoid the use of chemical and biological mosquito control at the pond. 22A. oAK WOODLAND (All Phases): In accordance with the city of Gilroy consolidated Landscape Policy, the developer shall retain a qualified arborist to prepare a detailed report of the site to determine measures necessary to protect the existing native trees during project demolition, construction, and landscaping, subject to review and approval by the City Planning Department. CDFG recommends that avoidance of oak woodland removal he considered foremost. Therefore, the project should be desicned to avoid the removal of cak trees and whether or not they are proposed for removal. These trees shall t.-e assessed by a certified arborist. NEGATIVE DECLARATION 9 10/21/94 Z 94 -3, TM 94 -2, TM 94 -3, PUD: A/S 94 -14 22B. OAK WOODLAND (All Phases): If oak trees are proposed to be removed, the developer shall re- vegetate the project site with oak trees at a ratio that will eventually result in complete replacement of trees lost. Under the proposed project, hillside areas could serve as appropriate on -site mitigation areas. A re- vegetation plan and monitoring program shall be developed and implemented by a qualified native habitat restoration specialist and approved by CDFG prior to project approval. The oak re- vegetation area shall be monitored annually until the trees become established. Monitoring results shall be submitted to CDFG. 23. OAR WOODLAND (All Phases): Design the project such that hillside development does not result in the loss of oak trees through root damage from grading and use of heavy machinery beneath the oak canopy. A qualified arborist shall determine the minimum distance from oak trees that development can occur while maintaining the health of the trees. 24. OAR WOODLAND (All Phases): Undeveloped hillside oak woodland and grasslands,shall continue to be monitored through the City of Gilroy Hillside Development Guidelines. Except for the vegetation removal for fire control necessitated by the city of Gilroy Fire Department, no other form of vegetation removal shall be permitted. Recreational vehicles, motorized or otherwise, shall not be permitted in the hillside areas. 25. Landscaping (All Phases) shall be consistent with the City of Gilroy's Consolidated Landscaping Policy, subject to review and approval by the City Planning Department. 26. The developer shall pay the appropriate traffic impact fee (All Phases), subject to approval of the City Department of Public works, prior to the issuance of a building permit. 27. The developer shall be responsible for the following transportation improvements when warranted by the City Department of Public works: A. Design and install a traffic signal at the Santa Teresa Boulevard / Longmeadow Drive intersection; B. Zesign and install a right turn lane on Santa Teresa Boulevard from Mantelli Drive to Longmeadow Drive. This shall include a date and phasing schedule; and C. Design and improve Santa Teresa Boulevard frcm N.antelli Drive to Longmeadow Drive. This shall include a date and phasing schedule. These improvements are eligible for reimbursement through the City,s traffic impact fee program. 28. streets shall follow natural contours of the hillside to minimize cut and fill. cul -de -sacs or loop roads will be encouraged where necessary to fit the terrain (Hillside Development Guidelines VAl). cuts greater than six feet shall be carefully reviewed by the City of Gilroy Planning Department and the City of Gilroy Public works Department. Cuts greater than twelve feet shall require extenuating circLIMStances. 25. street standards shall be consistent with the City of Gilroy standard specifications and details (Hillside LEvelcpment Guidelines VA2). NEGATIVE DECLARATION 10 10/21/94 Z 94 -3, TM 94 -2, TM 94 -3, PUD: A/S 94 -14 30. Paths and trails are encouraged in the hillside areas, if designed in a fashion to minimize disturbance of the native slopes and vegetation. They shall be of non- impervious material. If constructed, paths and trails shall be maintained by the homeowners, association (Hillside Development Guidelines VC), and incorporated into the design of the hillside area. They should connect the streets in the hillside area with the east -west local street between lots 8 and 9 in Phase 2 to provide walking /bicycling access to the park located in the northwest corner of the project site. This "short -cut" will also provide reduced walking time for children going to school via Rancho Hills Drive, as well as an emergency pedestrian connection from the hillside area to the Country Estates subdivision road system to the west. 31. A Class III Bike Route shall be designated on the major internal street that fronts the southerly boundary of the park. 32. At the time the tentative map for the townhouse portion of the proposed project is prepared, the Gilroy Fire and Police Departments shall be contacted to verify the adequacy of emergency access prior to approval of the tentative map. 33. The developers shall be responsible for submitting a dust control policy subject to review and approval by the City Building Department, consistent with existing City policies and codes, prior to issuance of a building permit. 34. Noise - generating construction activities shall be restricted to 7:00 a.m. through 10:00 p.m. Construction equipment shall be properly muffled and maintained. The contractor work specifications for all construction activities shall reflect these measures, subject to review and approval of the City Building Department prior to issuance of a building permit. 35. The developer shall incorporate all of the guidelines related to visual impacts in the City of Gilroy Hillside Development Guidelines for the hillside portion of the project site. The tentative map, when submitted for the residential hillside portion of the project site, will be subject to review and approval by the City Planning Department and city Engineer prior to approval of the tentative map. 36. The developer shall prcvide required impact fees to the Gilroy unified School District. 37. Prior to development of the site, the developer shall pay required City of Gilroy Public safety impact fees. 38. The proposed. project shall k-e designed to meet the Residential Hillside zoning district regulations, and all other zoning district, requirements in effect at the time of development. The project design is subject to review and approval by the City of Gilroy Fire Department, prior to issuance of a building permit. 39. Developers shall pay the appropriate water development fees, subject to review by the City Department of Public wcr'r,s prier to the issuance of a building permit. NEGATIVE DECLARATION 11 10/21/94 Z 94 -3, TM 94 -2, TM 94 -3, PUD: A/S 94 -14 40. The developer shall prepare an infrastructure plan for water, sewer, storm drain, and shall include, but not be limited to the following requirements: A. Main trunk lines for water, sewer, and storm drain shall not be located within the right -of -way for the northern most .east -west street located within the earthquake fault setback; B. All utilities to, through, and on the project site shall be installed underground (City Code section 21.120).(Hillside Development Guidelines IVA2); C. Every lot shall be provided with sanitary sewer service, connected to the public sanitary sewer system. Eight inch minimum sewer mains shall be required (Hillside Development Guidelines IVC2); D. only where necessary, in order to provide for gravity flow, will sanitary sewer laterals be allowed to cross lot lines in Private Service Easements (PSE) (Hillside Development Guidelines IVC2); E. The developer shall provide sewer backflow valves for sewer laterals on all lots where the upstream sewer main is at an elevation above the lot (Hillside Development Guidelines IVC3); F. All sanitary sewer, storm drain, and water mains shall be located within the street right -of -way, and shall be owned and maintained by the city. All storm drain ditches which do not connect to City owned storm facilities, or are not accessible in all- weather conditions, shall be maintained by a homeowners association or the owner of the property (Hillside Development Guidelines IVC4); G. one sewer allocation shall be required for each proposed lot, including lots for future model homes (Hillside Development Guidelines IVC7); H. The developer shall pay for updating of the sewer Master Plan model if the sewer system mains deviate from those shown on the Sewer Master Plan (Hillside Development Guidelines IVC7); and I. The developer shall pay for updating the Storm Master Plan if the storm drain mains deviate from those shown on the Storm Master Plan (Hillside Development Guidelines IVC8). All plans shall be subject to the review and approval by the City Engineer, prior to issuance of building permits with each applicable phase. 41. All existing on -site wells shall be permanently capped in compliance with the standards set forth by the Santa Clara Valley water District and the City Department of Public works prior to issuance of a building permit. 42. Developers shall pay the appropriate sewer development fees, subject to review by the City Department of Public works, prior to the issuance of a building permit. 4=. The developer shall neactiate with the city Parks and Recreatior. Department as to whether the developer shall either A) pay park -in -lieu fees, or B) deed the property to the City of Gilroy, based upon a mutually- aareed upon appraisal and have their park fees reduced accordingly. NEGATIVE DECLARATION 12 10/21/94 Z 94 -3, TM 94 -2, TM 94 -3, PUD: A/S 94 -14 44. (Phases 1 and 2) During construction of Phases 1 and 2, as identified on the PUD Site Plan dated May 25, 1994, and within the area, identified as archaeologically sensitive in Figure 10, a qualified professional archaeological monitor shall be present whenever earth- moving activities take place during construction of Phases 1 and 2. The qualified professional archaeological monitor shall prepare written reports to the City of Gilroy Planning Department on a weekly basis. If archaeological resources are uncovered during earth moving activities, all work shall be halted. At that time, and prior to any further construction activities within the archaeologically sensitive area, archaeological testing will be necessary to determine the nature, extent, and significance of the site. Testing shall include detailed surface collection and recording, mechanical (backhoe) trenches to determine the depth and subsurface extent of the site, and hand excavated units to determine its nature and composition. The area identified as the "site area" in Figure 10 shall be fenced off during construction activities associated with Phases 1 and 2. No development, staging of equipment.or construction materials, placement of spoils, discharge of construction - related wastes, or vegetation removal shall be allowed in this area. The qualified professional archaeological monitor shall be hired by the City of Gilroy Planning Department, and funded by the developer, prior to issuance of a building permit. 45. (Future Phases) In the area identified in Figure 10 as "site area ", further archaeological testing shall be performed and include the following measures: A. Backhoe trenches shall be placed at the edges of this site; B. Hand excavation shall include a minimum of three one -by -one meter test units. The units shall be excavated using standard archaeological techniques. These techniques require that the units be excavated in ten centimeter vertical increments (where appropriate) with all materials (except bulk rock) being passes through 1/8 inch mesh screens and any materials remaining in the screens transported to the laboratory for wet screening, again using 1/8 inch mesh. The following studies shall be conducted on _the materials recovered: (1) Professional evaluation of animal bone recovered; (2) Professional evaluation of the artifacts and debitage recovered; (3) At least four radiocarbon dates shall be run on materials recovered, provided that sufficient material is recovered to permit radiocarbon dating; and (4) Any other analyses as required; for instance, bead-analysis if any beads are recovered from the site. C. Following the test excavation, a Preliminary Archaeological Report and Archaeological Mitigation Plan shall be prepared. This report shall evaluate the significance of the cultural resources on the project site and make the appropriate mitigation recommendations, prior to approval of a tentative map for that portion of the project site; D. A Final Technical Report shall be completed within approximately one year of completion of the field work, and stall be submitted to the City of Gilroy and to the Regional Information Center at Sonoma State University; and NEGATIVE DECLARATION 13 10/21/94 Z 94 -3, TM 94 -2, TM 94 -3, PUD: A/S 94 -14 E. The professional archaeologist performing the survey shall consult with the City Planning Department and the project biologist regarding potentially significant biological resources in the archaeological site area. This consultation is necessary for the archaeologist and the biologist to gain an understanding of both the archaeological and the biological resources of this portion of the project site. This further testing, with the exception of item D, shall be performed prior to approval of a tentative map for development within this area, and is subject to review and approval by the City of Gilroy Planning Department. 46. (All Phases) Due to the possibility that significant buried cultural resources might be found during construction, language shall be printed on construction drawings for all phases to protect these resources, pursuant to review and approval of the City Planning Department. such language might read as follows: "If archaeological resources or human remains are discovered during construction, work shall be halted within 50 meters (150) feet of the find until it can be evaluated by a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented „. Date Prepared: October 21, 1994 End of Review Period: November 22, 1994 Approved by City council: Michael Dorn, Director of Planning ' PLANNING DIVISION COMMUNITY DEVELOPMENT DEPARTMENT DATE: JULY 8, 2002 TO: PLANNING COMMISSION FROM: CYDNEY CASPER, PLANNER II elt/ RE: ADDITIONAL CONDITIONS FOR (CARRIAGE HILLS) The Engineering Division has requested that the following conditions of approval be added to the Carriage Hills hillside tentative map application: 3. (Continued) The applicant shall meet the following conditions subject to the review and approval of the Engineering Division (Kristi Abrams or Don Nunes, 408- 846 -0450): m. Street improvements and the design of all storm drainage, sewer and water lines, and all sheet sections and widths shall be subject to the review and approval of the Engineering Division. n. All utilities to, through, and on the site shall be constructed underground, in accordance with Municipal Code Section 21.120. o. Prior to Council approval of the Tract Map and Jn provemenf Plans, the following items will need to be completed: ♦ A signed original composite plan by the elect,- cal design e7Tgineer shall be a part of the improven7ent plans: ♦ A letter fiom the subdiiision design civil engmler shall be prepared, which .Rates that the composite plan agrees with Cif l Codes and Standara'_r and that no underground utility conflict eazsts: t '`I-Y/ill Stnve ) --tier. "i7vm each utility company for the subditi.fion shall be supplied to the Ci >; and ♦ Tile plan check aria' i7i.pectioli fee for the utili }' Nnat7gror4rrrd work will be collected by the City. P770r tU a71j' fUliJir7lfiii:77 of a.iC 7/ir'il1.eS 711 i17C % Id i /�e f0�'Ui %in,Q i,'lll need 10 be Ji/pplir:d to the City: t o7zgirral electnc plan: 1277174 ♦ A letter from the a "e!7p71 C1rr1 E77gi77eer that .Rates il. e C'lecii7eal p1a77 con JU7717J U' ?ih C71), Codes and Sia77dci7 -dJ (; 77ri ;U 1& alproveet rubdiviSion 77Ti)7,07A*wtn1 7`6U77.f. TM 02 -02 CARRIAGE Hni S 2 07/08/02 q. All improvements are to be done per Ciy of Gilroy Standards. r. All retaining walls must be constructed of permanent materials such as concrete and masonry, and shall be of a modular design; wood shall not be permitted s. 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 prnperries. t. All lots shall drain to the street for storm drainage. u. 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 utiliy service stubs and meters and placements or arrangements of junction structures as apart of the Improvement Plan submittals for the pryject The composite drawings and /or utility improvement plans shall be signed by a licensed civil engineer. v. The developer shall negotiate rights -of -way with Pacific Gas and Electric and other utilities. w. Subdivider shall defend, indemn and hold harmless the Ciy, its City Council, Planning Commission, agents, ocers, and employees from any claim, action, or proceeding against the Cioty or its City Council, Planning Commission, agents, afters, or employees to attack, set aside, void, or annul an approval of the City, Ciy Council, Planning Commission or other board, advisory agency, or legislative body concerning thu subdivision. City will promptly not t, 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 x. .911 existing water wells shall be sealed to meet the approval of the Ciy Engineer and the Santa Clara Valley Water Distrid (SCVWD). J. Equipment and stajing shall be prof ded for watch; rig of all spared or di.clurGed soil, surfaces at 'east tn7ee daily. An apprapr;2le dust palliative or suppressant, added to water before application, shall be utilized I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2004 -22 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 15th 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 18th day of March, 2004. City Clerk of the City of Gilroy (Seal)