Resolution 2004- 38
RESOLUTION NO. 2004-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TM 03-07, A TENTATIVE MAP TO
SUBDIVIDE AN APPROXIMATELY 6 ACRE SITE INTO 49
PARCELS, CONSISTING OF 48 RESIDENTIAL TOWNHOUSE
PARCELS AND 1 PARCEL FOR A CLUBHOUSE, OPEN
SPACE AND COMMON AREAS, LOCATED AT THE
INTERSECTION OF CARRIAGE DRIVE AND ACORN WAY,
APN 783-52-012
WHEREAS, Santa Clara County New Communities, the applicant, submitted TM 03-07,
requesting a tentative map to subdivide an approximately six (6) acre site into forty-nine (49)
parcels, consisting of forty-eight (48) residential townhouse parcels and one (1) parcel for a
clubhouse, open space and common areas, located at the intersection of Carriage Drive and
Acorn Way, APN 783-52-012; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City
prepared a mitigated Negative Declaration for the original phases of the project, which was
adopted by the City Council on January 17, 1995, and this phase of the project was reviewed
with the previously-prepared initial study and was found to be consistent, and subsequent
biological and archeological studies were conducted and no significant effects to the
environment were found beyond the effects identified and mitigated in the mitigated Negative
Declaration; and
WHEREAS, the Planning Commission held duly noticed public hearings on March 4,
2004 and March 18, 2004, at which time the Planning Commission considered the public
testimony, the Staff Report dated February 27,2004 ("Staff Report"), the subsequent staff report
dated March 4, 2004, and all other documentation related to application TM 03-07, and
recommended that the City Council deny said application; and
WHEREAS, the City Council held a duly noticed public hearing on April 19, 2004, at
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Resolution No. 2004-38
which time the City Council considered the public testimony, the Staff Report, the subsequent
staff report, a supplemental staff report dated April 12, 2004, and all other documentation related
to application TM 03-07; and
WHEREAS, the project is consistent with zoning approved by the City Council pursuant
to application Z 94-03; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this project approval is based is the office of the
City Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council hereby finds as follows:
1. The project is substantially consistent with the land use designation, Low
Density Residential-Planned Unit Development of the General Plan and the intent of the
General Plan.
2. The project is consistent with the Zoning Ordinance, and the City's
Subdivisions and Land Development Code.
3. Public utilities and infrastructure improvements needed to serve the
proposed project are in close proximity.
4. There are no facts to support the findings requiring denial of the proposed
tentative map pursuant to California Government Code section 66474.
5. There is no substantial evidence in the record that the project would have
an unmitigated significant effect on the environment.
B. Tentative Map TM 03-07 should be and hereby is approved, subject to
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01-042204-04706089
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Resolution No. 2004-38
~
1. The sixty-nine (69) final conditions of approval attached hereto as Exhibit
A, and incorporated herein by this reference.
2. The forty-six (46) mitigation measures set forth in the Negative
Declaration prepared under Z 94-03 and dated October 21, 1994, which is
attached hereto as Exhibit B and incorporated herein by this reference.
PASSED AND ADOPTED this 3rd day of May, 2004 by the following
AYES:
COUNCILMEMBERS:
CORREA, DILLON, MORALES,
VELASCO and PINHEIRO
NOES:
COUNCILMEMBERS:
GARTMAN and VALIQUETTE
ABSENT: COUNCILMEMBERS:
NONE
APPROVED:
~~
'c:t/ 'A- ~. ~
Rhonda Pellin, City Clerk
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01-042204-04706089
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Resolution No. 2004-38
EXHffiIT A
TM 03-07, Carriage Hills Phase IV
CONDITIONS OF APPROVAL
TENTATIVE MAP CONDITIONS
The applicant shall meet the following conditions, subject to the review and approval of the
Planning Division, Cydney Casper (408-846-0440):
1. Mitigation Measures #1 through #46', contained within the Negative Declaration
prepared under Z 94-03, dated 10/21/94, 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. Subdivider shall defend, indemnify, and hold harmless the City, its City Council,
Planning Commission, agents, officers, and employees from any claim, action, or
proceeding against the City or its City Council, Planning Commission, agents,
officers, and employees to attack, set aside, void, or annul an approval of the City,
City Council, Planning Commission, or other board, advisory agency, or legislative
body concerning this subdivision. City will promptly notify the subdivider of any
claim, action, or proceeding against it, and will cooperate fully in the defense. This
condition is imposed pursuant to California Government Code Section 66474.9.
3. Landscaping plans including specifications for an irrigation system and project
entryway features shall be approved by the Planning Division in accordance with the
adopted Consolidated Landscaping Policy, prior to issuance of a building permit.
4. The applicant shall comply with the recommendations as outlined in the Tree
Resource Evaluation/Construction Impact Assessment report completed by James P.
Allen & Associates dated December 17, 2003. Any necessary tree replacement shall
be made at a 3:l ratio for every tree removed. A re-vegetation program shall be
prepared by a certified arborist and submitted to the Planning Division for approval
prior to the removal of any trees.
5. 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 Attomey prior to recordation
of any Final Map.
6. The alignment of Acorn Way at Carriage Drive must be aligned so that exiting traffic
will not be directly facing anyone residential unit on the south side of Carriage
Drive.
7. Prior to any grading or construction activities, a qualified professional archeologist
shall complete a rnitigation program and submit a copy to the Planning Division for
review. A qualified archeologist shall also be present during all construction and
earth-moving activities in the areas identified by Dr. Robert Cartier of Archeological
Resource Management in their report titled "Archeological Testing Program or the
Carriage Hills Project in the City of Gilroy, " dated September 12, 2003. In the event
archeological resources or human remains are discovered, all work shall be halted to
within 150 feet of the find until a qualified professional archeologist can evaluate
them.
8. All grading and improvement plans shall include a note as follows: "If archeological
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 archeologist. If the find is determined to be significant, appropriate
mitigation measures shall be formulated and implemented."
9. All retaining walls shall be constructed of textured masonry material (keystone
typical).
10. Consistent with the biological report titled "Biological Resources Analysis Report for
the Carriage Hills Property, Santa Clara County, California" dated August 26, 2003
and prepared by Olberding Environmental, Inc.: Prior to any construction or grading
a qualified biologist shall complete a survey during the months of March and June
(blooming season) to determine the presence of either two special status plants, big-
scale balsamroot (Balsamophiza macrolepis) and the showy Indian Clover (Trifolium
amoenum). If these plants are determined to be present all areas with these plants
shall be staked and the California Department of Fish and Game shall be given a
minimum 10-day notification period for the salvage of any plant materials. A copy of
this survey shall be provided to the Planning Division prior the issuance of any
grading permits.
11. Consistent with the biological report titled "Biological Resources Analysis Report for
the Carriage Hills Property, Santa Clara County, California" dated August 26, 2003
and prepared by Olberding Environmental, Inc.: A pre-construction survey shall be
prepared by a qualified biologist to determine the presence of any nesting raptor, bat,
or migratory bird species. If any nesting sites are determined to be located on the
project site, a buffer area must be established around the nesting site by a qualified
biologist and protected until the young have fledged. A copy of this survey shall be
provided to the Planning Division prior the issuance of any grading permits.
12. Consistent with the biological report titled "Biological Resources Analysis Report for
the Carriage Hills Property, Santa Clara County, California" dated August 26, 2003
and prepared by Olberding Environmental, Inc.: The necessary removal of any on-
site trees shall occur outside the breeding season for nesting raptors, bats and
migratory bird species, which is during the months of January to July.
13. Consistent with the biological report titled "Biological Resources Analysis Report for
the Carriage Hills Property, Santa Clara County, California" dated August 26, 2003
and prepared by Olberding Environmental, Inc.: Best Management Practices
consistent with the Santa Clara Valley Water District requirements and Storm Water
Pollution Prevention Program such as hay bales, silt fencing, placement of straw
mulch and hydro seeding of exposed soils after construction shall be put in place to
prevent endangering of aquatic life and the reduction of wildlife habitat on-site and
off-site.
14. Vector based e-files will be required prior to Final Map approval, readable by
AutoCAD (IGES, DXF, DWG), containing lot and street layout and all City utilities.
These files will be used to update the City's GIS system.
15. The following language shall be included on any permits issued at the project site,
subject to the review and approval of the Gilroy Engineering and Building Divisions.
"All construction activities shall be limited to weekdays between 7:00 AM and 7:00
PM, and to Saturdays and City holidays between 9:00 AM and 7:00 PM. No
construction is allowed on Sundays."
16. The developers shall establish a homeowner's asSOCIation to ensure the ongomg
maintenance of common areas, buffer area landscaping and vee-ditch.
The applicant shall meet the following conditions, subject to the review and approval of the
Engineering Division, Kristi Abrams (408-846-0450):
17. All storm water and sewer systems shall be privately owned and maintained within
recorded private easements. The water system must be publicly owned and
maintained within a public utilities easement.
18. Provide a 20' private easement for utilities between lots 35 and 36.
19. Provide private easements for all utilities except the water system, which requires a
public easement.
20. Identify and clarify "PSE" on the final map legend.
21. Identify and clarify "CM" on the final map legend.
22. A Storm Water Pollution Prevention Plan shall be filed with the Regional Water
Quality Control Board with a copy to the City. An Erosion Control plan and Waste
Discharger Identification shall be submitted to the City.
23. Certification of improvement on site plans is required prior to Building final (add to
general notes on Title sheet of plans).
24. Certification of fire flow test is required prior to final permit (add to general notes on
Title sheet of plans).
25. Certification of fire flow test is required prior to final permit (add to general notes on
Title sheet of plans).
26. Full frontage improvements are required for all new development.
27. All work is to be done in compliance with the City of Gilroy Specifications Standards
and Design Criteria.
28. Street improvements and the design of all storm drainage, sewer and water lines, and
all street sections and widths shall be in accordance with City Standards and shall
follow the most current Master Plan for streets and each utility. The developer shall
provide full street, curb, gutter and electrolier improvements.
29. All grading operations and soil compaction activities shall be per the approved soils
report and shall meet with the approval of the City Engineer. Grading plans shall
show the grades of all adjacent properties.
30. Certification of grades and compaction is required prior to building permit final. This
statement must be added as a general note to the Grading and Drainage Plan.
31. If the project has excess fill or cut that will be off-hauled to a site or on-hauled from a
site within the city limits of Gilroy, an additional permit is required. This statement
must be added as a general note to the Grading and Drainage Plan.
32. New and existing utility lines to, through and on the site, and appurtenances and
associated equipment, including, but not limited to, electrical transmission, street
lighting, cable television and telephone shall be required to be placed underground.
33. A Final Map with all required dedications shall be filed with a copy transmitted to the
City.
34. The developer shall submit an estimate of the probable cost of developer-installed
off-site improvements with the Final Map submittal.
35. The developer shall submit fees and bonds and enter into an improvement agreement
prior to Final Map recordation.
36. A current Title Report shall be submitted for review to the City prior to final map
approval.
37. In the event it is necessary to acquire offsite easements or street rights-of-way, the
owner shall enter into an agreement with the City prior to final map approval
agreeing to pay all condemnation costs, for dedication of all required easements or
street right-of-way. This agreement shall be recorded and require the owner to
deposit all condemnation costs with the City within 21 days of Final Map approval.
The owner shall agree to provide an initial cash deposit as determined by the City.
38. The developer shall provide joint trench composite plans for the underground
electrical, gas, telephone, cable television, and communication conduits and cables
including the size, location and details of all trenches, locations of building utility
service stubs and meters and placements or arrangements of junction structures as a
part of the Improvement Plan submittals for the project. A licensed Civil or
Electrical Engineer shall sign the composite drawings and/or utility improvement
plans. (All dry utilities shall be placed underground.)
39. A note shall be placed on the plans which states that the composite plan agrees with
City Codes and Standards and that no underground utility conflict exists.
40. "Will Serve Letters" from each utility company for the subdivision shall be supplied
to the City.
41. The City will collect the plan check and inspection fee for the utility underground
work.
42. A current Title Report shall be submitted for review to the City prior to fmal map
approval.
43. Prior to any construction of the dry utilities in the field, the applicant will need to
provide a professional engineer-signed and PG&E-approved original electric plan and
a letter from the design Electrical or Civil Engineer that states the electrical plan
conforms to City Codes and Standards, and to the approved subdivision improvement
plans
44. All retaining walls must be constructed of permanent materials such as concrete or
masonry, and shall be of a modular design; wood shall not be permitted.
45. All lots shall drain to the street for storm drainage. Minor exceptions may be allowed
subject to the approval of the City Engineer.
46. Improvement plans are required for all on-site and off-site improvements.
47. Submit a Hazardous Material clearance for any underground tank removal from the
appropriate agency.
48. The developer shall negotiate rights-of-way with Pacific Gas and Electric and other
utilities subject to the review and approval by the Engineering Division and the utility
comparues.
The applicant shall meet the following conditions, subject to the review and approval of the
Fire Division, Jacqueline Bretschneider (408-846-0430):
49. Hydrants are required to be spaced 300 ft. Hydrants shall be within 150 ft of any
building. Final hydrant location to be reviewed and approved by the Deputy Fire
Marshal prior to final map filing.
50. Road widths shall be as follows, or an exception from the Fire Chief obtained.
a. 20 ft. no parking on either side
b. 28 ft. no parking on one side.
c. 38 ft parking not restricted
51. Where parking is restricted, it shall be posted with signs for No Parking-Fire Lane
and curbs shall be painted red. Signage and curb painting shall be maintained in
good condition. The parking enforcement plan shall be reviewed and approved by
Deputy Fire Marshal prior to the final inspection of the first unit built. The parking
enforcement plan shall be provided by the developer for the HOA to follow, and shall
be included in the CC&R's
52. Final map to include a paragraph that reads: "Red curbing and signage shall be
maintained by the Home Owners Association. A parking enforcement shall be
implemented by the Homeowners Association."
53. Due to the configuration of streets and units in this PUD all residential units shall be
provided with a Fire Sprinklers meeting the NFPA 13D requirements. This condition
shall be noted on the final map cover page.
54. Access Roadways shall not be gated unless a separate gating plan is submitted and
approved. Gating shall only be allowed if electric and provided with Opticom
Automatic Opening devices matching the Fire and Police system. This condition
shall be noted in the CC&R's and noted on the final map cover page.
55. Roads shall not exceed 15 % grade. Driveways with greater than 15% grade or
longer than 150 ft shall be provided with an approved Fire Engine turnout.
56. Lots against a hillside or open area shall have a minimum 30' perimeter buffer that
meets the Fire Department Fuel Transition Zone Policy or an alternate design shall be
submitted for approval by the Fire Chief.
57. A Class 'A' Roof materials required. Attic vents shall be screened with meshed
material suitable for high fire hazard zones and eves to be protected with one hour or
equivalent construction. Chimneys shall be provided with Spark Arresters.
58. House numbers shall be clearly visible from the street. If the house is recessed the
house number shall be provided at the driveway entrance and at a height of not less
than 36 inches from the ground. All main address numbers shall be a minimum of
2.5 inches in height with a 3/8 inch stroke and placed to read from left to right and/or
top to bottom.
59. No use of Fireworks shall be allowed in this development. This should be reflected
in the CC&R's.
The applicant shall meet the following conditions, subject to the review and approval of the
Building, Life & Environmental Safety Division, James Fruit (408-846-0430):
60. Disabled access parking is to be provided; and meet the 2001 CBC 1118Al. The
disabled access parking space should be part of the main parking area provided for
public guests and potential business customers. Plans need to have disabled access
designs revised for compliance prior to tentative map approval.
61. A soils report shall be submitted containing design recommendations for footings,
retaining walls, make provisions for anticipated differential settlement, have
specifications for grading work, have specifications for subsurface water drainage
controls, and have specifications for surface water drainage/erosion controls for the
finished lots. This requirement should be noted on the plans.
62. Prior to excavation, adjoining landowners shall be given notice of the date, location,
and extent of excavation in conformity with Section 832 of the California Civil Code
and notice copies shall be provided to the Building Official prior to issuance of
grading permit. This requirement should be noted on the plans.
63. Due to the hillside nature of this project, there will be critical grading, drainage,
erosion controls, and soil stability concerns. Each property; whether individually,
severally, jointly owned, or owned in common by the homeowner's association; is to
have a limitation recorded to the property title that supervision by a licensed
Geotechnical Engineer is required for:
a. Any work that disturbs surface water drainage patterns.
b. Any excavation that impacts surface water drainage or subsurface water.
c. Any surfacing that increases or concentrates surface water drainage volume
or velocity.
d. Any retaining structure of any kind into the earth, including but not limited
to; retaining walls, planters, garden walls, ponds, fountains, swimming pools,
spas, ditch, and waterways.
64. Disabled access in compliance with State and Federal law is required to all facilities
of any kind other than a single family home lot within the lot boundary line. The
subdivision plans need revision to clearly show how disabled access is provided at all
areas to be used "in common" including but not limited to; sidewalks, clubhouse,
walkways, playground area(s), and guest parking.
65. Any wall within 3ft of property line must be constructed to one hour fire resistive
standards and have no openings of any kind including but not limited to; windows,
attic ventilation, underfloor ventilation, and clothes dryer exhaust.
66. Any roof eave may not be closer than 2ft to property line and be constructed to one
hour fire resistive standards if within 3ft to property line.
The applicant shall meet the following conditions, subject to the review and approval of the
Santa Clara Valley Water District, Yvonne Arroyo (408-265-2600):
67. On-site water detention facilities may need to be provided to mitigate for increased
runoff due to development until regional detention or additional downstream channel
improvements are provided.
68. Post-construction water quality mitigation measure should be included in the design
of the project. The applicant will be required to file a Notice of Intent with the State
Water Resources Control Board.
69. Any existing on-site wells must be properly registered with the District and either
maintained or abandoned in accordance with the District's standards.
'.
EXHIBIT B
{revised}
CITY FILE NUMBERS: Z 94-3. TN 94-2. TN 94-3. Pun A/S 94-14
PROJECT DESCRIPTIOH:
Hame of project: New cities Development Group, "carriage Hills"
Hature 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 LOCATIOH:
Location: West of Rancho Hills Drive, and north of Mantelli Drive.
Assessor's Parcel Humbers: 783-52-003, 004, and 005
Entitv or personCs) undertakinq proiect:
Hame: New cities Development Group
Address: 9781 Blue Larkspur Lane, Monterey, CA 93940
EXPANDED IHITIAL 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.
FIRDIHG5 & REASOH5:
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 map~
B. The proposed project is substantially consistent with the adopted goals
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 developed residential
properties~ and
D. All potential significant effects can be mitigated to reduce them to an
insignificant level of impact.
NEGATIVE DECLARATION
Z 94-3, TM 94-2, TM 94-3, PUD: A/S 94-14
2
11/30/94
revised
MitiqatioD 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 arid
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 IIA1);
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
Z 94-3, TM 94-2, TM 94-3, PUD: A/S 94-14
3
11/30/94
revised
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-based 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 drainage
to the City's storm drain system;
B. provisions for periodic sweeping for roadways, driveways, and parking
areas on the project site;
NEGATIVE DECLARATION
Z 94-3, TM 94-2, TM 94-3, PUD: A/S 94-14
4
11/30/94
revised
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 (Fa~a~e All Phases): Fa~a~e All 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, 0 and F, this measure applies to
these areas as well. Fa~a~e All phases shall be designed, subject to
review and approval by the city of Gilroy Planning Department prior to
approval of the tentative maps for those phases. If Mitigation Measure 9A
is not feasible, then implement Mitigation Measure 9B.
NEGATIVE DECLARATION
Z 94-3, TN 94-2, TN 94-3, PUD: A/S 94-14
5
11/30/94
revised
9B. RARE PLANTS (P~~~re All 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 ~~~~re all phases.
lOA. 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? 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
contingent on approval of the HCP by the FWS.
NEGATIVE DECLARATION
Z 94-3, TM 94-2, TM 94-3, PUD: A/S 94-14
6
11/30/94
revised
lOB. 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 lOA 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 1 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 lOA.
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.
Passive 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
Z 94-3, TM 94-2, TM 94-3, PUD: A/S 94-14
7
11/30/94
revised
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 be
delineated in the field prior to issuance of a grading permit for Phase 1
and shall remain for all phase 'of the proposed project.
16. FRESHWATER 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 practices regarding the storage and disposal of
construction materials and the fueling and maintenance of vehicles and
equipment are utilized.
NEGATIVE DECLARATION
Z 94-3, TM 94-2, TM 94-3, PUD: A/S 94-14
8
11/30/94
revised
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 slop$s
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 be considered foremost. Therefore, the project should be
designed to avoid the removal of oak trees and whether or not they are
proposed for removal. These trees shall be assessed by a certified
arborist.
NEGATIVE DECLARATION
Z 94-3, TN 94-2, TN 94-3, PUD: A/S 94-14
9
11/30/94
revised
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. OAK 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. OAK 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 /
Longrneadow Drive intersection;
B. Design and install a right turn lane on Santa Teresa Boulevard from
Mantelli Drive to Longrneadow Drive. This shall include a date and
phasing schedule; and
c. Design and improve Santa Teresa Boulevard from Mantelli Drive to
Longrneadow 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 m1n1m1ze 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 circumstances.
29. Street standards shall be consistent with the City of Gilroy standard
specifications and details (Hillside Development Guidelines VA2).
NEGATIVE DECLARATION
Z 94-3, TN 94-2, TN 94-3, PUD: A/S 94-14
lO
11/30/94
revised
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.
3l. 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 lO:OO 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 provide required impact fees to the Gilroy Unified
school District. The applicant has independentlv entered into a
contractual aqreement with the school district to mitiqate the effects on
schools.
37. Prior to development of the site, the developer shall pay required city of
Gilroy Public safety impact fees.
38. The proposed project shall be 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 Works prior to the issuance of a
building permit.
NEGATIVE DECLARATION
Z 94-3, TN 94-2, TN 94-3, PUD: A/S 94-14
11
11/30/94
revised
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 2l.l20) (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.
43. The developer shall negotiate with the city Parks and Recreation
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-agreed upon appraisal and have their park fee~ reduced
accordingly.
NEGATIVE DECLARATION
Z 94-3, TN 94-2, TN 94-3, PUD: A/S 94-14
l2
11/30/94
revised
44. (Phases 1 and 2) During construction of phases land 2, as identified on
the PUD site plan dated May 25, 1994, and within the area identified as
archaeologically sensitive in Figure lO, 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 lO 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 l/8 inch mesh screens
and any materials remaining in the screens transported to the
laboratory for wet screening, again using l/8 inch mesh. The following
studies shall be conducted on the materials recovered:
(l) 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 shall be submitted to the
city of Gilroy and to the Regional Information center at Sonoma state
university; and
NEGATIVE DECLARATION
Z 94-3, TN 94-2, TN 94-3, PUD: A/S 94-14
13
11/30/94
revised
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 23, 1994
Approved by city council:
Michael Dorn, Director of Planning
I, RHONDAPELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2004-38 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
3rd day of May, 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 14th day of May, 2004.
~~~~,
City Clerk of the City of Gilroy
(Seal)