Resolution 2005-49RESOLUTION NO. 2005-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING TM 04 -16, A TENTATIVE MAP
FOR AN APPROXIMATELY 2.46 ACRE SITE DESIGNED
AS A NINE (9) UNIT RESIDENTIAL DEVELOPMENT ON
THE NORTHEAST CORNER OF WREN AND VICKERY
AVENUES; APN 790 -08 -015
WHEREAS, Gilroy Unified School District, the applicant, submitted TM 04 -16,
requesting approval of a tentative map for an approximately 2.46 acre site designed as a nine (9)
unit residential development on the northeast corner of Wren and Vickery avenues; APN 790 -08-
015; and
WHEREAS, the Planning Commission held a duly noticed public hearing on June 2,
2005, at which time the Planning Commission considered the public testimony, the Staff Report
dated May 26, 2005 ( "Staff Report'), and all other documentation related to application TM 04-
16, and recommended that the City Council approve the Mitigated Negative Declaration
prepared for this project pursuant to the California Environmental Quality Act ( "CEQA "), and
this map application with conditions; and
WHEREAS, the City Council held a duly noticed public hearing on June 6, 2005, at
which time the City Council considered the public testimony, the Staff Report, a follow -up staff
report dated June 3, 2005, and all other documentation related to application TM 04 -16; and
WHEREAS, pursuant to CEQA, the City Council on May 16, 2005, adopted the
mitigated Negative Declaration for this project, the City Council finding that the Negative
Declaration was completed in compliance with CEQA, that it reflects the independent judgment
of the City, and that there is no substantial evidence in the record that the project as mitigated
will have a significant effect on the environment; and
WHEREAS, the location and custodian of the documents or other materials which
IGB01662975.1
063005- 04706089
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Resolution No. 2005 -49
constitute the record of proceedings upon which this project approval is based is the office of the
City Clerk.
SECTION I
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council hereby finds as follows:
1. The project is consistent with the land use designation for the property on
the City's General Plan map and with the intent of the goals and policies of the General
Plan.
2. The project is consistent with the Zoning Ordinance, the City's
Subdivisions and Land Development Code, and the State Subdivision Map Act.
3. Public utilities and infrastructure improvements needed to serve the
proposed project are in close proximity.
4. The project is substantially consistent with surrounding development.
5. There is no substantial evidence in the entire record that the project as
mitigated will have a significant effect on the environment.
6. There are no facts to support the findings requiring denial of the proposed
tentative map pursuant to California Government Code section 66474.
B. Tentative Map TM 04 -16 should be and hereby is approved, subject to the forty-
seven (47) conditions attached hereto as Exhibit A and incorporated herein by this
reference, and the mitigation measures set forth in the Negative Declaration and
the Mitigation Monitoring Program, attached hereto as Exhibit B and incorporated
herein by this reference.
PASSED AND ADOPTED this IS th day of July, 2005, by the following vote:
1GM662975.1
063005 - 04706089
Resolution No. 2005 -49
AYES: COUNCIL MEMBERS: CORREA, DILLON, MORALES, VALIQUETTE
and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: GARTMAN, VELASCO
APPROVED:
ert 'Pinheiro, Mayor
ATTEST:
Rhonda Pellin, City Clerk
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063005 - 04706089
Resolution No. 2005 -49
TM 04 -16 3
L TENTATIVE MAP RECOM ENDATION
EXHIBIT A
5/26/05
Staff recommends that the Planning Commission forward a recommendation of APPROVAL to the City
Council for this Tentative Map based on the above Staff analysis. There are 47 conditions attached to the
Tentative Map approval of this request.
This recommendation is made for the following reasons:
A. The proposed Tentative Map is consistent with the intent of the goals and policies of the City's
General Plan document.
B. The proposed development is consistent with the Zoning Ordinance and the City's Subdivision and
Land Development Code, and the State Subdivision Map Act.
C. Public utilities and infrastructure improvements needed in order to serve the proposed project are
in close proximity.
D. There will be no significant environmental impacts as a result of this project due to the required
mitigation measures to be applied.
E. The proposed project is consistent with surrounding development.
Plannine Division (contact Greez P(ilubinsky 408 - 846 -0440)
These conditions are subject to the review and approval of the Planning Division.
1. MITIGATION MEASURES #1 through #11 contained within the Negative Declaration dated
February, 2005 for the subject project (GUSD Nine Parcel Subdivision), shall be applied to the
approval of this Tentative Map in order to reduce and/or eliminate all potential significant
impacts to a level of insignificance, as required under the California Environmental Quality Act
(CEQA).
2. Subdivider shall defend, indemnify, and hold harmless the City, its City Council, Planning
Commission, agents, officers, and employees from any claim, action, or proceeding against the City or
its City Council, Planning Commission, agents, officers, and employees to attack, set aside, void, or
annul an approval of the City, City Council, Planning Commission, or other board, advisory agency, or
legislative body concerning this subdivision. City will promptly notify the subdivider of any claim,
action, or proceeding against it, and will cooperate fully in the defense. This condition is imposed
pursuant to California Government Code Section 66474.9.
3. Vector based a -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.
TM 04 -16
4
Enaineerine Division (contact Kristi Abrams 408- 846 -0450)
These conditions are subject to the review and approval of the Engineering Division.
4. The Final Map shall show the radii of all curves.
5. The Final Map shall show the names and directions of the flow of all watercourses.
6. The future park parcel dimensions have not been shown on the tentative map. The Final
Map shall show and match the dimensions shown on the map that created the parcel. If
this necessitates changes to the residential parcels these changes will be shown on the Final
Map. The residential parcel sizes shall meet or exceed City standards for the R1 zoning
district.
5/26/05
Standard Tentative May Conditions of Ayyroval
7. A SWPPP and an Erosion Control Plan is required for all development over 1 acre.
8. Certification of improvement on site plans is required prior to Building final (add to general notes
on Title sheet of plans).
9. Certification of fire flow test is required prior to final permit (add to general notes on Title sheet of
plans).
10. 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.
11. Certification is required by the design engineer of the design and construction for all retaining
walls shown on the improvement plans prior to final acceptance of the subdivision.
12. 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
13. All Traffic Control Plans shall be prepared by a licensed professional engineer with experience in
Traffic Control Design.
14. A Traffic Control Plan shall be provided in the Improvement Plan set for all work within the
public right -of -way.
15. All temporary roads or detours shall have temporary asphalt paving unless otherwise approved by
the City Engineer in writing.
16. Full frontage improvements are required for all new development. All streets must show sidewalks
both sides.
17. All work is to be done in compliance with the City of Gilroy Specifications Standards and Design
Criteria and is subject to all laws of this community by reference.
TM 04-16 5 5/26/05
18. 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, sidewalk and
electrolier improvements.
19. 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..
20. 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.
21. A minimum of one exterior monument shall be set. Additional monuments can be required by the City
Engineer or City Surveyor as deemed necessary.
22. Location of monuments shall be tried out prior to work Any City monument damaged, displaced or
destroyed shall be replaced at the developers sole expense
23. 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.
24. A Final Map with all required dedications shall be filed with a copy transmitted to the City.
25. The developer shall submit an estimate of the probable cost of developer - installed off -site
improvements with the Final Map submittal.
26. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final
Map recordation.
27. 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.
28. Prior to Final Map approval and approval of the Improvement Plans, the following items will need to
be completed:
a. 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.)
TM 04-16
1,
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5/26/05
b.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.
c. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the City.
d.The City will collect the plan check and inspection fee for the utility underground work.
29. A current Title Report shall be submitted for review to the City prior to final map approval.
30. Prior to any construction of the dry utilities in the field, the following will need to be supplied to the
City:
a. A professional engineer - signed and PG &E- approved original electric plan.
b.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.
31. All lots shall drain to the street for storm drainage.
32. Improvement plans are required for all on -site and off -site improvements.
33. Submit a Hazardous Material clearance for any underground tank removal from the appropriate
agency.
34. 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.
35. The developer shall negotiate rights -of -way with Pacific Gas and Electric and other utilities subject to
the review and approval by the Engineering Division and the utility companies.
36. Storm and sewer lines in private streets shall be privately maintained unless approved by the City
Engineer in writing.
37. If any portion of the project is located in a special flood hazard area as shown on the most current
flood insurance rate map; a flood zone study is required. Should the City Engineer determine a LOMR
(letter of map revision) is required no permits will be issued until a CLOMR (conditional letter of map
revision) is completed. No permits will be finaled until the LOMR is complete. Any flood conditions
imposed on this project by the National Flood Insurance Program or the City of Gilroy will be
enforced by the City of Gilroy.
38. If any portion of the project if located in a special flood hazard area, provide the following statement
in a bold box with minimum 1/4-inch text on the front sheet of the plan set: "This project is located in a
Flood Zone. A Conditional Elevation Certificate is required prior to the foundation pour and an
Elevation Certificate with pictures of each of the four building elevations is required prior to final
inspection ".
f,-
TM 04-16 7 5/26/05
39. If any portion of the project contains recycled water facilities as shown in the South County Recycled
Water Master Plan, the facilities shall be installed at sole expense of the developer prior to final or
occupancy of the first building.
40. If there is a Homeowners Association in place with this map prior to the map being released for
recordation, Conditions, Covenants and Restrictions shall be approved by the Planning Division.
41. The City shall be notified at least two (2) working days prior to the start of any construction work and
at that time the contractor shall provide a project schedule and a 24 hour emergency telephone number
list.
42. All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as
deemed appropriate by the City Engineer.
43. Once the tentative map is approved, the developer shall submit an 8 -1/2 X 11 -inch inch site plan to the
Engineering Division to assign addressing which shows the following: tract name and number, lot
number, street names, property lines, right -of -way lines, north arrow and curb cuts for driveway.
44. Reimbursement is required for any frontage infrastructure including but not limited to curb, gutter,
sidewalk, storm, sewer, and water, constructed by others that benefits this development.
45. The permanent street name sign shall be installed immediately after the curb and gutter construction is
complete.
46. The developer /contractor shall make accessible any or all City utilities ad directed by the City
Engineer.
47. Additional comments may be added at any time due to incomplete plans, plan changes and mistakes,
errors or omissions.
Z lEtfull
m Faus
Planning Division Manager
bfaus@ci.gilroy.ca.us
EXHIBIT B
City of Gilroy
Community Development Department Planning Division
(408) 846 -0440
7351 Rosanna Street, Gilroy, 95020
Clerk stamp
Proposed Mitigated Negative Declaration
City File Number: GPA 04 -02 and Z 04 -08
City Contact: Gregg Polubinsky, Planner II, gpolubinsky aci.gilroy.ca.us
Proiect Description
Project Title: Gilroy Unified School District General Plan Amendment (GPA 04 -02)
and Zone Change (Z 04-08)
Project Applicant: Gilroy Unified School District
7810 Arroyo Circle
Gilroy, CA 95020 •
(408) 847 -2700
Project Location: City of Gilroy, California, The 2.46 -acre project site is located at the
northeast corner of Vickery Avenue and Wren Avenue, approximately 0.5 mile west of
Monterey Road. The site is known as Assessor's Parcel Number 790- 08 -015.
- proposed Project: The proposed project would change current land use and zoning
designations on a 2.46 -acre parcel in the City of Gilroy from Park7Recreation Facility and
Park/Public Facility (PF) to Low Density Residential and Single Family Residential (RI),
respectively. This would allow residential development on the parcel at a density of
between 3 and 7.25 units per acre (7 to 18 residential units). The Preliminary
Development Plan proposes residential development at a density of 3.6 units per acre
(nine single family homes) and a new street.
The Preliminary Development Plan component of the proposed project consists of
subdividing the 2.46 -acre parcel into nine residential lots in a row on 1.34 acres and a
new street extending along the south side of the lots on 1.12 acres. Of the nine residential
lots, seven would be 6,000 -sf lots and the two end lots would be 8,088 sf. The future
street would extend eastward from Wren Avenue along the southern border of the project
site, so proposed residential development would be on the north side of the street and the
future park (not part of the proposed project) would be on the south side. The future
street would include sidewalks on each side.
A complete application package is available for review at the Gilroy City Hall.
Findings
An Initial Study of this project was prepared for the proposed project to determine
whether the project might have a significant effect on the environment. A copy of this
initial study is available for review at the City of Gilroy Community Development
Department, Planning Division, 7351 Rosanna Street, Gilroy, CA 95020.
• The Initial Study identified potentially significant impacts on the environment. However,
all potential impacts of the proposed project can be avoided or reduced to a less -than-
significant level with implementation of environmental measures included as part of the
project description and with additional mitigation measures identified in the Initial Study.
Therefore, this project has been mitigated to a point where no significant impacts would
occur, and there is no substantial evidence the project may have a significant effect on the
environment. The specific mitigation measures that avoid or reduce impacts are included
in the Mitigation Monitoring Program below.
City staff independently reviewed the Initial Study, and this Mitigated Negative
Declaration reflects the independent judgment of the City of Gilroy.
Mitigation and Monitoring Program
This mitigation and monitoring program is based on the mitigation measures identified in
the project initial study. These mitigation measures are designed to eliminate or reduce
significant adverse environmental effects to less than significant levels. These mitigation
measures become conditions of project approval, which the project applicant is required
to complete before, during, and after implementation of the proposed project.
The following program includes all required mitigation measures and identifies the party
responsible for implementing and monitoring the implementation of the mitigation
,
measures. The mitigation numbers are the same as those used in the initial study, with
letters indicating the relevant issue as follows:
• AES — aesthetics
• BIO — biological resources
• CR — cultural resources
• EM — environmental measure included as part of proposed project
• GEO — geology /soils
• HAZ — hazards and hazardous materials
• TRA — transportation/traffic
• WQ — hydrology /water quality
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The mitigation and monitoring program (MMP) should be implemented as follows.
A. The Gilroy Community Development Department will be responsible for
coordination of MMP. The Community Development Department will complete
monitoring checklist and distribute the checklist to the responsible individuals or
agencies for their use, in monitoring the mitigation measures.
B. Each responsible individual or agency will then be responsible for determining
compliance with the mitigation measures contained in the monitoring checklist. Once
all mitigation measures have been implemented, the responsible individual or agency •
will submit a copy of the monitoring checklist to the Community Development
Department to be placed in the project file. If the mitigation measure has not been
implemented, the monitoring checklist should not be returned to the Community
Development Department.
C. The Gilroy Community Development Department will review the checklist to ensure
that appropriate mitigation measures and additional conditions of project approval
included in the monitoring checklist have been implemented at the appropriate time
(e.g. prior to issuance of a use permit). Compliance with mitigation measures is
required for project approval.
D. If a responsible individual or agency determines that a non - compliance has occurred
(i.e., a mitigation measure has not been implemented), a written notice will be
delivered by certified mail to the project applicant within 10 days, with a copy to the
Community Development Department, describing the non - compliance and requiring
compliance within a specified period of time. If non - compliance still exists at the
expiration of the specified period of time, construction may be halted and fines may
be imposed at the discretion of the City of Gilroy.
STEP 1. Prior to approval and issuance of the final construction plans, the following
mitigation measures shall be implemented. These measures should be incorporated into
the construction specifications and implemented during construction.
EM -1. Measures to Minimize Effects of Construction- Related Noise
The following noise - control measures would be included in the construction contract
specifications to reduce and control noise generated from construction - related
activities.
■ The normal working day for construction activities would be between 7:00 a.m.
and 7 p.m. on weekdays. Construction could also occur on Saturdays between
9:00 a.m. and 7:00 p.m., but no construction would occur on Sundays or City
holidays (Gilroy Municipal Code Section 16.38).
■ Construction equipment would have appropriate mufflers, intake silencers, and
noise - control features and would be properly maintained and equipped with
exhaust mufflers that meet state standards.
• Vehicles and other gas- or diesel - powered equipment would be prohibited from
unnecessary warming up, idling, and engine revving.
• A sign would be posted at the construction site with the'telephone number of the
Gilroy Police Department who the public should contact with noise complaints.
If necessary due to complaints, the construction contractor would provide
additional noise - attenuating measures such as additional mufflers or engine
shrouding.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Building Division
EM -2. Erosion - Control Measures to Protect Water Quality
.To minimize the mobilization of sediment to adjacent water bodies, the following
erosion- and sediment - control measures would be included in the Storm Water
Pollution Prevention Plan (SWPPP) to be included in the construction specifications,
based on standard City measures and standard dust - reduction measures.
• Cover or apply nontoxic soil stabilizers to inactive construction areas (previously
graded areas inactive for 10 days or more) that could contribute sediment to
waterways.
• Enclose and cover exposed stockpiles of dirt or other loose, granular construction
materials. that could contribute sediment to waterways.
■ Contain soil and filter runoff from disturbed areas by berms, vegetated filters, silt
fencing, straw wattle, plastic sheeting, catch basins, or other means necessary to
prevent the escape of sediment from the disturbed area.
• Prohibit the placement of earth or organic material where it may be directly
carried into a stream, marsh, slough, lagoon, or body of standing water.
• Prohibit the following types of materials from being rinsed or, washed into streets,
shoulder areas, or gutters: concrete, solvents and adhesives, fuels, dirt, gasoline,
asphalt, and concrete saw slurry.
• Conduct dewatering activities according to the provisions of the SWPPP. Prohibit
placement of dewatered materials in local water bodies or in storm drains leading
to such bodies without implementation of proper construction water quality
control measures.
Party responsible for implementation: Applicant
Party responsible for monitoring. Gilroy Engineering Division
EM -3. Dust - Control Measures to Protect Air Quality
To control dust emissions generated during construction of the proposed project, the
following Bay Area Air Quality Management District (BAAQMD) measures for
construction emissions of particulate matter (PM10) must be implemented.
4
r
■ Water all active construction areas at least twice daily.
■ Cover all trucks hauling soil, sand, and other loose materials, or require all trucks
to maintain at least 2 feet of freeboard.
■ Pave, apply water three times daily, or apply (nontoxic) soil stabilizers on all
unpaved access roads, parking areas, and staging areas at construction sites.
■ Sweep daily (with water sweepers) all paved access roads, parking areas, and
staging areas at construction sites.
■. Sweep streets daily (with water sweepers) if visible soil material is carried onto
adjacent public streets.
■ Install wheel washers for all existing trucks, or wash the tires or tracks of all
trucks and equipment leaving the site.
■ Suspend excavation and grading activity when winds (instantaneous gusts) exceed
25 miles per hour.
■ Limit the area subject to excavation, grading, and other construction activity at
any one time.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Engineering Division
CR -1: Stop Work if Buried Cultural or Paleontological Resources Are
Discovered Inadvertently
If buried historic debris, building
cultural resources, such as chipped.or ground stone,
foundations, or human bone or paleontological resources are discovered inadvertently
during ground - disturbing activities, work will stop in that area and within 100 feet of
the find until a qualified archaeologist or paleontologist can assess the significance of
the find and, if necessary, develop appropriate treatment measures in consultation
with the City of Gilroy and other appropriate agencies. In the event human remains
are encountered, Mitigation Measure CR -2 would also be implemented.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Planning Division
State Relating Native American
CR -2: Comply with Laws to Remains
If human remains of Native American Origin are discovered during project
construction, it will be necessary to comply with state laws relating to the disposition
of Native American burials, which fall under the jurisdiction of the Native American
Heritage Commission (NAHC) (Public Resources Code, Section 5097). If any
human remains are discovered or recognized in any location other than a dedicated
cemetery, there will be no further excavation or disturbance of the site or any nearby
area reasonably suspected to overlie adjacent human remains (1) until the Santa Clara
County coroner has been informed and has determined that no investigation of the
cause of death is required; and (2.) if the remains are of Native American origin:
■ The descendents of the deceased Native Americans have made a recommendation
to the landowner or the person responsible for the excavation work, for means of
treating or disposing of, with appropriate dignity, the human remains and any
associated grave goods a provided in Public Resources Code, Section 5097.98, or
■ The NAHC has been unable to identify a descendent or the descendent failed to
make a recommendation within 24 hours after being notified by the commission.
According to the California Health and Safety Code, six or more human burials at one
• location constitute a cemetery (section 8100), and disturbance of Native American
cemeteries is a felony (Section 7052). Section 7050.5 requires that construction or
excavation be stopped in the vicinity of discovered human remains until the coroner
can determine whether the remains are those of a Native American. If the remains are
determined to be Native American, the coroner must contact the NAHC.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Planning Division
STEP 2. Prior to issuance of a building permit, the following mitigation measures shall
be implemented
AES -1: Incorporate Light- Reduction Measures into the Site Design and Street
Lighting
• The following light- reduction measures will be incorporated into the design
specifications for street lighting and for future residential development plans at the
project site to reduce light and glare. The lighting design will also meet minimum
safety and security standards as determined by the City.
■ Luminaires (light fixtures or light sources) will be the minimum wattage required
for security to minimize incidental light.
• Luminaires will be cut -off type fixtures that cast low -angle illumination to
minimize incidental spillover of light onto adjacent residences and the creek
channel. Fixtures that project light upward or horizontally will not be used.
• Luminaires will be directed away from habitat and open space areas adjacent to
the project site.
• Luminaire mountings will be downcast and the height of poles minimized. to
reduce potential for backscatter into the nighttime sky and incidental spillover of
light onto adjacent residences and the creek channel. Light poles will be no
higher than 20 feet. Luminaire mountings will have non -glare finishes.
• Final configuration of the luminaires will comply with site plan review standards
and will be approved by the City Engineer.
Party responsible for implementation: Applicant
Party responsible for monitoring. Gilroy Engineering Division
BIO -1: Conduct Preconstruction Surveys for Active Burrowing Owl Burrows
and Implement the California Department of Fish and Game Guidelines for
Burrowing Owl Mitigation, if Necessary
DFG (1994) recommends that preconstruction surveys be conducted to locate active
burrowing owl burrows in the project area and in a 250- foot -wide buffer zone around
the project area. The City will retain a qualified biologist to conduct preconstruction
surveys for active burrows according to DFG guidelines. The preconstruction
surveys will include a nesting season survey and a wintering season survey the season
immediately preceding construction. If no burrowing owls are detected, then no
further mitigation is required. If active burrowing owls are detected in the survey
area, the following measures will be, implemented.
• Occupied burrows will not be disturbed during the nesting season (February 1—
August 31).
• When destruction of occupied burrows is unavoidable during the non - nesting
season (September 1 January 31), unsuitable burrows will be enhanced (enlarged
or cleared of debris) or new burrows created (installing artificial burrows) at a
ratio of 2:1 on protected lands approved by DFG. Newly created burrows will
follow guidelines established by DFG.
• If owls must be moved away from the project area, passive relocation techniques
(e.g., installing one -way doors at burrow entrances) will be used instead of
trapping. At least 1 week will be necessary to accomplish passive relocation and
allow owls to acclimate to alternate burrows.
• If active burrowing owl burrows are found and the owls must be relocated, the
City will offset the loss of foraging and burrow habitat in the project area by
acquiring and permanently protecting a minimum of 6.5 acres of foraging habitat
per occupied burrow identified in the project area. The protected' lands should be
located adjacent to the occupied burrowing owl habitat in the project area or at
another occupied site near the project area. The location of the protected lands
will be .determined in coordination with DFG. The City will also prepare a
monitoring plan, and provide long -term management and monitoring of the
protected lands. The monitoring plan will specify success criteria, identify
remedial measures, and require an annual report to be submitted DFG.
■ If avoidance is the preferred method of dealing with potential impacts, no
disturbance should occur within 160 feet of occupied burrows during the non -
breeding season (September 1 January 31) or within 250 feet during the breeding
season. Avoidance also requires that at least 6.5 acres of foraging habitat
(calculated based on an approximately 300 -foot foraging radius of an occupied
burrow), contiguous with occupied burrow sites, be permanently preserved for
each pair of breeding burrowing owls or single unpaired resident bird. The
configuration of the protected site will be submitted to DFG for approval.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Planning Division
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•
GEO -1: Conduct a Geotechnical Investigation and Implement
'Recommendations to Minimize Geological Hazards
As part of the final design of the residential units, the developer will retain a qualified
and licensed engineer to conduct a geotechnical study of the site. The final design of
the residential development and new.roadway will incorporate the recommendations
of the geotechnical investigation, and will adhere to the City's Public
Works /Engineering Standards to ensure the reduction of all geological hazards to an
acceptable level.
Party, responsible for implementation: Applicant
Party responsible for monitoring. Gilroy Engineering Division
HA2r1: Conduct a Limited Phase II Soil Investigation for Pesticides and
Implement Appropriate Soil Remediation Prior to Construction
The Applicant will hire a qualified consultant to conduct a Limited Phase 11 soil
investigation for pesticides associated with surface soil prior to construction. If tests
reveal pesticides at concentrations that would pose a significant threat to human
and/or sensitive receptors, a remedial action plan would be developed and
implemented in accordance with California Department of Toxic Substances Control
(DTCS) regulations. This action could include construction workers wearing
protective gear during construction.
• Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Planning Division
WQ -1: Implement a Spill Prevention and Control Program
The Applicant shall develop and implement a spill prevention and control program to
minimize the potential for, and effects from, spills of hazardous, toxic, or petroleum
substances during construction of the project. No city permits would be required for'
hazardous materials used onsite during construction.
The federal reportable spill quantity for petroleum products, as defined in the EPA's
CFR (40 CFR 110) is any oil spill that (1) violates applicable water quality standards,
(2) causes a film or sheen upon or discoloration of the water surface or adjoining
shoreline, or (3) causes a sludge or emulsion to be deposited beneath the surface of
the water or adjoining shorelines.
If a spill is reportable, the contractor's superintendent would notify the relevant Santa
Clara County officials, which have spill response and clean-up ordinances to govern
emergency spill response. A written description of reportable releases must be
submitted to the RWQCB. This submittal must include a description of the release,
including the type of material and an estimate of the amount spilled, the date of the
release, an explanation of why the spill occurred, and a description of the steps taken
to prevent and control future releases. The releases would be documented on a spill
report form.
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If an appreciable spill has occurred and results determine that project activities have
adversely affected groundwater quality, a detailed analysis would be performed by a
Registered Environmental Assessor to identify the likely cause of contamination.
This analysis would conform to American Society for Testing and Materials (ASTM)
standards, and would include recommendations for reducing or eliminating the source
or mechanisms of contamination. Based on this. analysis, the City and/or its
contractors would select and implement measures to control contamination, with a
performance- standard that groundwater quality must be returned to baseline
conditions. These measures would be subject to approval by the City.
Party responsible for implementation: Applicant
Party responsible for monitoring:, Gilroy Engineering Division
TRA -1: Prepare and Implement a Traffic Control Plan
In accordance with the City of Gilroy's policy on street closures and traffic diversion
for arterial and collector roadways, the construction contractor would prepare a traffic
control plan (to be approved by the City Engineer) prior to construction. The traffic
control plan will include the following.
■ A street layout showing location of construction activity and surrounding streets
to be used as detour routes, including "special signage."
■ A tentative start date and construction duration period for each phase of
construction.
• .The name, address and emergency contact number for those responsible to
maintain the traffic control devices during the course of construction.
• Written approval to implement traffic control from other agencies, as needed.
Additionally, the traffic control plan would include the following stipulations.
• Provide access for emergency vehicles at all times.
• Maintain access for driveways and private roads, except for brief periods of
construction, in which case property owners will be notified.
• Provide adequate off -street parking or use designated public parking areas for
construction - related vehicles not in use through the construction period.
■ Maintain pedestrian and bicycle access and circulation during project construction
where safe to do so. If construction encroaches on a sidewalk, a safe detour
would be provided for pedestrians at the nearest painted crosswalk. If
construction encroaches on a bike lane, warning signs would be posted that
indicate bicycles and vehicles are sharing the roadway.
• Traffic controls may include flag persons wearing OSHA- approved vests and
using the "Stop /Slow "paddle to warn motorists of construction activity.
• Post standard construction warning signs in advance of the construction area and
at any intersection that provides access to the construction area.
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■ During lane closures, notify the City of Gilroy Fire and Police Departments and
the City Emergency Operations Center of construction locations to ensure that
alternative evacuation and emergency routes are designed to maintain response
times during construction periods, if necessary.
■ Provide written notification to appropriate contractors regarding appropriate
routes to and from construction sites and weight and speed limits for local roads
used to access construction sites. Submit a copy of all such written notifications
to the Gilroy Planning Department.
Party responsible for implementation:
Party responsible for monitoring:
Date Prepared: ?' 1 OS
End of Review Period:
Date Adopted by City Council:
is
Applicant
Gilroy Engineering
and Planning Division
William Fa us
Planning Division Manager
bfaus @ci.gilroy.ca.us
LI
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2005 -49 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
18th day of July, 2005, 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 10th day of August, 2005.
City Clerk of the City of Gilroy
(Seal)