Resolution 2007-02
RESOLUTION NO. 2007-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING NS 05-54, AN APPLICATION FOR
ARCHITECTURAL AND SITE APPROVAL OF THE HECKER
PASS SPECIAL USE DISTRICT BACKBONE
INFRASTRUCTURE MASTER PLAN FOR ALL LAND WITHIN
THE HECKER PASS SPECIFIC PLAN AREA AND
IMPROVEMENTS TO HECKER PASS HIGHWAY (STATE
ROUTE 152
WHEREAS, the applicants, known collectively as the Hecker Pass Property Owners,
submitted application NS 05-54, requesting approval of the Preliminary Backbone Infrastructure
Master Plans prepared by RJA (Ruggeri-Jensen-Azar and Associates) and dated December 2006
("the Infrastructure Master Plans") for the Hecker Pass Specific Plan area in the area north and
south of Hecker Pass Highway and west of Santa Teresa Boulevard, which Plans affect all
parcels as shown in the Plans, including APNs 810-20-004, 005-009, 011, 013, 015; 810-21-001,
003-005; 007; 783-03-002, 003, 070; 783-02-004, 009, 010, 020, 026, 030-033; 783-45-044;
783-04-005,783-04-019; and
WHEREAS, the Plans include the backbone infrastructure for all public backbone roads,
utilities and grading to allow access to the future development clusters in the the Hecker Pass
Specific Plan area and improvements to Hecker Pass Highway (State Route 152); and
WHEREAS, the Planning Commission held a duly noticed public hearing on December
7, 2006, at which time the Planning Commission considered the public testimony, the staff report
dated November 22, 2006 ("Staff Report"), and all other documentation related to application
NS 05-54, and recommended that the City Council adopt the Negative Declaration for the
project and approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on December 18, 2006,
at which time the City Council. considered the public testimony, the Staff Report, a supplemental
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Resolution No. 2007-02
staff report dated December 12, 2006, a supplemental staff memo dated December 18, 2006, and
all other documentation related to the proj ect; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City
Council, following the public hearing held on December 18, 2007, considered the proposed
Mitigated Negative Declaration for the project together with any comments received during the
public review process and adopted the Mitigated Negative Declaration, attached hereto as
Exhibit "A", finding that the Mitigated Negative Declaration was completed in compliance with
CEQA, that the Mitigated Negative Declaration reflects the independent judgment of the City,
and that there was no substantial evidence in the entire 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
constitute the record of proceedings upon which this project approval is based is the office of the
City Clerk, except that the Preliminary Backbone Infrastructure Master Plans are in the Planning
Department with the file for A/S 05-04.
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council hereby adopts the findings as required by Zoning Ordinance
section 50.55 based upon substantial evidence in the entire record as summarized below:
1. The project conforms to both the General Plan and the Hecker Pass
Specific Plan standards of development.
2. The project will create housing and will preserve agricultural land, which
will assist the City in meeting its housing goals and will preserve the rural features of
Hecker Pass Highway.
3. Urban services are currently available at the project site.
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Resolution No. 2007-02
4. The Hecker Pass Specific Plan is a harmonious and integrated plan. The
proposed Master Infrastructure Plan implements the approved Specific Plan.
5. The Hecker Pass Specific Plan utilizes the concept of clustered
development, which is an economic and efficient use of land.
6. The Hecker Pass Specific Plan requires landscaped areas, agricultural
buffers, and park land.
7. The Hecker Pass Specific Plan uses aesthetic design principles to preserve
the rural character of the area.
8. The project will not create undue traffic congestion, noise, odor or other
adverse effects on surrounding areas, and any significant effects are mitigated as
described in the Mitigated Negative Declaration prepared for the project.
9. The project provides adequate access, parking, landscaping, trash areas
and storage.
B. The Mitigation and Monitoring Program for the project, attached hereto as Exhibit
"B", is hereby adopted.
C. Application A/S 05-54 should be and hereby is approved subject to the mitigation
measures set forth in the Negative Declaration and subject to the Mitigation Monitoring
Program, and subject to the development conditions attached hereto as Exhibit "C" and entitled
"A/S 05-54 FINAL CONDITIONS OF APPROVAL."
D. This Resolution shall become effective, and approval of A/S 05-54 granted, if,
and only if, and upon the same date that Resolution 2007- approving GP A 06-02, the Hecker
Pass Specific Plan amendments, becomes effective. If said resolution does not take effect, then
A/S 05-54, without any further action required by the City Council, is denied.
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Resolution No. 2007-02
PASSED AND ADOPTED this 22nd day of January, 2007 by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, BRACCO, CORREA,
GARTMAN, VALIQUETTE, VELASCO
and PINHEIRO
NOES:
COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
APPROVED:
ATTEST' vl...
~"
~'I1UYc./~A.
Rhon a Pellin, City Clerk
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Resolution No. 2007-02
EXHIBIT A
PROPOSED MITIGATED NEGATIVE DECLARATION
HECKER PASS SPECIAL USE
DISTRICT BACKBONE
INFRASTRUCTURE MASTER PLAN
A/S 05-54
PREPARED FOR
City of Gilroy
October 26, 2006
HECKER PASS SPECIAL USE
DISTRICT BACKBONE
INFRASTRUCTURE MASTER PLAN
A/S 05-54
Proposed Mitigated Negative Declaration
PREP ARED FOR
City of Gilroy
Community Development Department
Melissa Durkin
7351 Rosanna Street
Gilroy CA 95020
Tel 408.846.0252
PREPARED BY
EMC Planning Group Inc
301 Lighthouse Avenue Suite C
Monterey CA 93940
Tel 831.649.1799
Fax 831.649.8399
contactus@emcplanning.com
www.emcplanning.com
October 26,2006
NOTICE OF INTENT
TO ADOPT A MITIGATED NEGATIVE DECLARATION
In compliance with the California Enyironmental Quality Act (CEQA), the City of Gilroy has
undertaken enyironmental review for the proposed Hecker Pass Special Use District Backbone
Infrastructure Master Plan (A/S 05-54) and intends to adopt a Mitigated Negative Declaration. The
City of Gilroy invites all interested persons and agencies to comment on the proposed Mitigated
Negative Declaration.
Lead Agency:
Project Location:
Project Description:
Public Review Period:
Proposed Mitigated
Negative Declaration is
Available for Public
Review at these
Locations:
Address Where Written
Comments May be Sent:
Public Hearing:
City of Gilroy
The proposed project is located within the Hecker Pass Specific Plan area in
the City of Gilroy.
The proposed project includes the backbone infrastructure for the Hecker Pass
Specific Plan area and improvements to Hecker Pass Highway (State Route
152). The Hecker Pass Specific Plan backbone infrastructure master plan
includes circulation, grading, storm drainage, sanitary sewer, potable water,
and recycled water plans. The proposed highway improyements include
widening the highway to the north along a one-mile stretch of road through
the Hecker Pass Specific Plan area and creating an intersection at Autumn
Drive and SR 152.
Begins - N oyember 1, 2006
Ends - December 1, 2006
City of Gilroy Community Deyelopment Department
7351 Rosanna Street, Gilroy, CA 95020
408-846-0440
Gilroy Public Library
Contact: Reference Librarian
7387 Rosanna Street, Gilroy, CA 95020
408-842-8208
Melissa Durkin, City of Gilroy Planning Diyision
City of Gilroy Community Development Department
7351 Rosanna Street
Gilroy, CA 95020
Planning Commission
Date: December 7, 2006
Time: 6 PM
City Council
Date: December 18, 2006
Time: 7 PM
Location: 7351 Rosanna Street, Gilroy CA 95020
Community Development Department
Planning Division (408) 846-0440
NEGATIVE DECLARATION
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
City File Number: A/S 05-54
Proiect Description:
Name of Project:
Nature of Project:
Hecker Pass Special Use District Backbone Infrastructure Master Plan
The proposed project includes the backbone infrastructure for the Hecker
Pass Specific Plan area and improvements to Hecker Pass Highway (State
Route 152).
Proiect Location:
Location:
The proposed project is located within the Hecker Pass Specific Plan area in the
City of Gilroy.
Assessor's Parcel Number: 810-20-003,004-009,011-013; 810-21-001, 002-005; 783-04-001,
018; 783-03-002,003,070; 783-02-004,009,010,020,026,030-033
Entity or Person(s) Undertakine: Proiect:
Name: Hecker Pass Property Owners (Jim Hoey)
Address: 2480 Hecker Pass Highway, Gilroy, CA 95020
Staff Planner: Melissa Durkin, Senior Planner
Initial Studv:
An initial study of this project was undertaken and prepared for the purpose of ascertaining
whether this project might have a significant effect on the environment. A copy ofthis study is
attached. The initial study was prepared to supplement the EIR prepared for the Hecker Pass
Specific Plan.
Negative Declaration
2
October 26, 2006
Findines & Reasons:
The initial study identified potentially significant effects on the environment. However, this
project has been mitigated (see Mitigation Measures below which avoid or mitigate the effects)
to a point where no significant effects will occur. On the basis ofthe whole record, there is no
substantial evidence the project will have a significant effect on the environment. The following
reasons will support these findings:
~ The proposal is a logical component of the existing land use of this area.
~ Identified adverse impacts are proposed to be mitigated on-site and a mitigation
monitoring and reporting program have been prepared.
~ The proposed project is consistent with the adopted goals and policies of the General
Plan of the City of Gilroy, as well as the Hecker Pass Specific Plan.
~ City staff independently reviewed the Initial Study, and this Negative Declaration reflects
the independent judgment of the City of Gilroy.
~ With the application of the following Mitigation Measures the proposed project will not
have any significant impacts on the environment.
~ The Gilroy Planning Division is the custodian of the documents and other material that
constitute the record of proceedings upon which this decision is based.
Air Quality
AQ-l. The applicant shall specify in project plans the implementation of the following dust
control measures during grading and construction activities for any proposed
development. The measures shall be implemented as necessary to adequately control
dust, subject to the review and approval by the City of Gilroy Planning Division:
The following measures shall be implemented at all construction sites:
Water all active construction areas at least twice daily;
Coyer all trucks hauling soil, sand, and other loose materials or require all trucks to
maintain at least two feet of freeboard;
Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved
access roads, parking areas and staging areas at construction sites;
Sweep daily (with water sweepers) all paved access roads, parking areas and staging
areas at construction sites;
· Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent
public streets;
Negative Declaration
3
October 26, 2006
Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously
graded areas inactiye for ten days or more);
Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles
(dirt, sand, etc.);
Limit traffic speeds on unpaved roads to 15 mph;
Install sandbags or other erosion control measures to prevent silt runoff to public
roadways;
Replant yegetation in disturbed areas;
Place a minimum of 100 linear feet of 6 to 8 inch average diameter cobble at all exit
points to dislodge and trap dirt from vehicle tires;
Suspend excavation and grading actiyity when winds (instantaneous gusts) exceed 25
miles per hour; and
Limit the area subject to excavation, grading and other construction activity at anyone
time.
Biological Resources
BI-l. In order to protect riparian woodland habitat during construction, the contractor shall
install temporary fencing along the boundary of the 100-foot buffer prior to
commencement of grading and construction activities south of Hecker Pass Highway.
Four-foot fencing shall be fastened to t-post stakes placed at eight-foot intervals. Signs
shall be installed to clearly designate sensitive habitat boundaries. Erosion control shall
be installed to prevent washing of soil or materials into the riparian area during
construction. The fencing shall remain in place during the entire construction period. The
proposed project includes construction of two storm water outfalls, a storm water
detention basin, a Class I bike path, Linear Park improvements, and portions of Third
Street within the buffer area. In these locations, protective fencing shall be placed as near
the boundary of the buffer area as possible. To the extent possible, temporary
construction staging areas and access roads needed for construction within the buffer area
shall be located on existing dirt roads or other previously disturbed sites. Soil
compaction, parking of vehicles or heavy equipment, stockpiling of construction
materials, and/or dumping of materials shall not be allowed within the buffer area unless
immediately needed for construction within the buffer area. Permanent open-rail fencing
may be installed in lieu of the temporary fencing.
These specifications shall be included in the final improvement plans, subject to review
and approval by the Planning Division, prior to approval of the final improvement plans.
Negative Declaration
4
October 26, 2006
BI-2. The project applicant shall prepare a Habitat Mitigation Plan to determine the amount of
impacted habitat and the location of replacement riparian habitat. Unavoidable impacts to
riparian habitat will be formally assessed and mitigated to satisfy permit conditions
associated with a Streambed Alteration Agreement issued by the CDFG. Acceptable
riparian mitigation ratios are based on the following habitat quality characteristics: high
quality habitat is replaced at a 3: I ratio, medium quality habitat is replaced at a 2: I ratio,
and low quality habitat is replaced at a I: I ratio. Optional restoration of impacts to non-
native herbaceous or agricultural habitats within the I OO-foot buffer is recommended at a
0.5: I ratio. Mitigation ofthese habitats should occur as native plantings of suitable
vegetation along the Uvas Creek Corridor.
The Habitat Mitigation Plan shall be included in the final improvement plans, subject to
review and approval by the Planning Division, prior to approval of the final improvement
plans.
BI-3. In order to allow a prompt and effective response to any accidental spills occurring
during construction, and to protect on-site and downstream water quality and habitat, the
project proponent shall prepare a spill abatement plan and hold a pre-construction worker
orientation meeting(s) to discuss the spill abatement plan. Workers shall be informed of
the importance of preventing spills, and of the appropriate measures to take shall a spill
occur. The materials necessary for the initial response to a spill shall be kept at an easily
accessible location on the project site. Construction material debris, including trash, shall
not be allowed within the creek channel or buffer area.
The spill abatement plan shall be included in the final improvement plans, subject to
review and approval by the Planning Division, prior to approval ofthe final improvement
plans.
BI-4. In order to prevent the spread of invasive non-native species, the project proponent shall
prepare and implement a landscaping and re-vegetation plan to include the following
requirements:
· An eradication plan for plants listed on the Invasiye Plant Inventory (Cal-IPC 2006)
currently growing on the project site to be implemented during the grading phases of the
project in those areas subject to grading work (excluding the Uvas Creek corridor, where
the SCVWD implements their own weed eradication program);
Use of plants listed on the Invasiye Plant Inventory (Cal-IPC 2006) shall be prohibited;
Exposed soil areas shall be planted, mulched, or coyered between October 15 and the
following April IS each year;
Plant materials used in landscaping, erosion control, or habitat restoration shall consist
of plants that are included in an appropriate native California plants as identified by a
qualified biologist or landscape architect;
Negative Declaration
5
October 26, 2006
Information regarding the removal of inyasive species and landscaping plant preferences
shall be distributed to each homeowner prior to occupancy;
To prevent erosion and conserve water during construction, bare soil between newly
installed plant materials shall be mulched, covered with jute netting, or seeded with a
mix of seeds best suited for the climate and soil conditions, and native to the Santa Clara
County region; and
Lots graded but left vacant pending sale and construction of a house and landscaping
shall be monitored for invasive plants. If deemed necessary, bare soils should be coyered,
seeded, or invasive species actiyely remoyed.
The landscape and revegetation plan shall be included in the final improyement plans,
subject to review and approval by the Planning Division, prior to approyal of the final
improyement plans.
BI-5. When within 100 feet ofthe Uvas Creek corridor, a qualified biologist shall monitor all
construction activities. Monitoring shall focus on potential habitat and/or individual
riparian species, including the California yellow warbler, yellow-breasted chat, San
Francisco dusky-footed woodrat, western pond turtle, steelhead, Monterey roach,
loggerhead shrike, bats, and raptors. The monitor shall look for individuals ofthese
species within suitable habitat, identify any buffers necessary to avoid impacts if
individuals are found, relocate individuals of these species out of the construction area as
necessary and feasible (in consultation with the USFWS and/or CDFG), and coordinate
with project City, and agency staff as necessary.
These specifications shall be included in the final improvement plans, subject to review
and approval by the Planning Division, prior to approval of the final improvement plans.
A report documenting monitoring results shall be subject to review and approval by the
Planning Division, prior to issuance of an occupancy permit
BI-6. A qualified biologist shall conduct a preconstruction worker information meeting
("tailgate meeting") to inform construction personnel ofthe potential presence of special
status species and protected habitats. A handout describing each special status species
with photographs and procedures to follow if a species is encountered when the
biological monitor is not on site shall be distributed and posted in a common location.
Additional worker information meetings after the initial preconstruction meeting shall be
conducted prior to new worker personnel beginning work on the site.
These specifications shall be included in the final improvement plans, subject to review
and approval by the Planning Division, prior to approval of the final improvement plans.
A report documenting the results shall be subject to review and approval by the Planning
Division, prior to issuance of an occupancy permit.
Negative Declaration
6
October 26, 2006
BI-7. Prior to conducting any work adjacent to the Uvas Creek buffer area, a qualified biologist
shall survey for the presence of yellow-breasted chat and yellow warblers at and within
the immediate vicinity ofthe project area. If swallows, chats, and/or warblers are present,
appropriate mitigations shall be developed in consultation with the CDFG, including, but
not be limited to, timing construction within a 300-foot buffer ofthe nesting area to avoid
nesting seasons (March through August) or until young have fledged.
A report documenting survey results shall be subject to review and approval by the
Planning Division, prior to issuance of a building permit.
BI-8. Prior to future development projects and subject to the review of the City of Gilroy
Planning Division, no more than 30 days prior to commencement of grading or
construction activities on the project site, field surveys shall be conducted by a qualified
biologist to determine if burrowing owls are present in the construction zone or within
200 feet of the construction zone. Areas within 200 feet ofthe construction zone that are
not within the control of the applicant shall be visually assessed from the project site.
These surveys shall be required only if any construction would occur during the nesting
and/or breeding season of burrowing owls (February 1 through August 31) and/or during
the winter residency period (December 1 through January 31). If active nests are found in
the survey area, a burrowing owl habitat mitigation plan shall be submitted to the
California Department ofFish and Game for review and approval. The burrowing owl
habitat mitigation plan shall contain mitigation measures contained in the California
Department ofFish and Game Staff Report on Burrowing Owl Mitigation (California
Department ofFish and Game 1995). Compliance with this mitigation measure may
include, but not be limited to, the following:
Avoidance of occupied burrows during the nesting season (February 1 through
August 31);
Acquisition, protection and funding for long-term management and monitoring of
foraging habitat adjacent to occupied habitat;
Enhancement of existing burrows and/or creation of new burrows;
Passive relocation of burrowing owls.
This mitigation measure is subject to the review and approval ofthe Planning Division.
A report documenting survey results shall be subject to review and approval by the
Planning Division, prior to issuance of a building permit.
BI-9. Pre-construction surveys for nesting raptors will be conducted by a qualified biologist if
construction is to occur during the nesting season (April 15 - August 1) to reduce
impacts to a less than significant level. If raptor nests are located during pre-construction
surveys, a qualified biologist shall establish a 300-foot buffer around each nest for the
duration of the breeding season (until such time as the young are fully fledged) to prevent
Negative Declaration
7
October 26, 2006
nest harassment and brood mortality. Work may proceed prior to August 1 only if a
qualified biologist conducts nest checks and establishes that the young are fully fledged.
Every effort will be made to avoid removal or impact to known raptor nests within
project boundaries. If trees known to support raptor nests cannot be avoided, removal of
these trees will only occur during the non-breeding season to reduce impacts to a less
than significant level. This mitigation measure is subject to the review and approval of
the Planning Division.
A report documenting survey results shall be subject to review and approval by the
Planning Division, prior to issuance of a building permit.
BI-10. A pre-construction/grading survey of all suitable San Francisco dusky-footed woodrat
habitat within 100 feet of the U vas Creek corridor or the westernmost proposed outfall
shall be conducted by a qualified biologist. The survey shall be conducted no earlier than
14 days prior to commencement of construction activities. If active nests (stick houses)
are identified within the construction zone or within 100 feet of the construction zone, a
fence shall be erected around the nest site with a 100- foot minimum buffer from
construction activities. At the discretion of the biologist, clearing and construction within
the fenced area would be postponed or halted until young have left the nest. The biologist
shall serve as a construction monitor during those periods when construction activities
will occur near active nest areas to ensure that no inadvertent impacts on these nests will
occur. If San Francisco dusky-footed woodrat are observed within the grading footprint
outside of the breeding period, individuals shall be trapped and relocated to a suitable
location in proximity to the project site by a qualified biologist in possession of a
scientific collecting permit and in accordance with direction from the CDFG. This
mitigation measure is subject to the review and approval of the Planning Division.
A report documenting survey results shall be subject to review and approval by the
Planning Division, prior to issuance of a building permit.
HI-II. Pre-construction surveys for roosting bats will be performed no more than 30 days prior
to construction. Ifroosts are found, a Memorandum of Understanding (MOU) with the
CDFG will be obtained by the contractor in order to remove bat species. Alternatively,
the construction schedule will be modified to initiate construction after August 1, within
the specified exclusion zone, when young have fledged. Ifbats are found, a suitable
construction exclusion zone shall be established based on the number and species of bats
observed. Alternatiye habitat will need to be provided ifbats are to be excluded from
maternity roosts. Ifthis is the case, a roost with comparable spatial and thermal
characteristics will be constructed and provided. CDFG shall be consulted regarding
specific designs. This mitigation measure is subject to the review and approval of the
Planning Division.
A report documenting survey results shall be subject to review and approval by the
Planning Division, prior to issuance of a building permit.
Negative Declaration
8
October 26, 2006
BI-12. Prior to construction, a qualified arborist shall complete an inventory and assessment of
any trees proposed for removal and/or trees that may be impacted by disturbance.
Included in this survey will be recommendations for the following:
a. A yoidance of tree removal whenever possible;
b. Transplanting of trees if possible; and
c. Recommendations for replacement planting areas, replacement ratio, and monitoring
after replanting.
Project developers shall implement the recommendations in the arborist report. To
compensate for the loss of protected trees, any protected tree(s) that are removed shall be
replaced. The typical ratio of replacement is 3: 1; however the arborist may make
recommendations regarding the ratio based on the results of the tree assessment and
planting plan and depending on size and health of the trees. Replacement locations
should focus on areas within the specific plan boundary.
This mitigation measure is subject to the review and approval of the Planning Division.
BI-l3. In order to protect oak trees on the project site from inadvertent damage by construction
equipment during grading and construction activities, native trees that are to be retained
and are located within or adjacent to the construction zone shall be identified in grading
plans, and the following protective methods employed during construction.
a. For trees under 12 inches in diameter, wrap trunks with protectiye materials;
b. For trees 12 inches in diameter or greater, install protective fencing 0.5- to 0.75-feet from
the trunk per inch trunk diameter; work within the protected area shall be oyerseen by a
qualified arborist of biologist;
c. Bridge or tunnel under roots greater than four inches in diameter where exposed. Smaller
roots shall be cut by manually digging a trench and cutting exposed roots with a saw,
vibrating knife, rock saw, narrow trencher with sharp blades, or other approved root-
pruning equipment. Any roots damaged during grading or excayation shall be exposed to
sound tissue and cut cleanly; and
d. Avoid soil compaction, parking of vehicles or heavy equipment, stockpiling of
construction materials, and/or dumping of materials under dripline of trees.
This mitigation measure is subject to the review and approval of the Planning Division.
Negative Declaration
9
October 26, 2006
Cultural Resources
CR-1. Prior to earth-moving activities for the widening of Hecker Pass Highway, the project
proponent shall contract with a qualified archaeologistlhistorian to conduct further
evaluation of the Gilroy Municipal Golf Course for potential historical significance and
evaluate the impact on the resource from the highway widening. Ifthe impact is
considered to be significant, measures shall be incorporated into the project to ensure the
impact is less than significant.
It is assumed that this would occur during the environmental review process Caltrans will
conduct for the highway widening project.CR-2. Prior to the widening of Hecker Pass
Highway, the project proponent shall replace, on-site, the trees to be removed at a ratio of
four to one.
CR-2. After completion ofthe widening of Hecker Pass Highway, the project proponent shall
replace, on-site, the four historic cedar trees to be removed at a ratio of four to one.
CR-3. Prior to the widening of Hecker Pass Highway, the project proponent shall
relocate/reconstruct the portion ofthe garden that would be impacted elsewhere on the
property. It is recommended that the relocation/reconstruction occur behind or to the east
of the existing house.
In addition, wherever possible, transplant, within the existing garden or reconstructed
portion, the trees and plants that are to be removed as a result ofthe improvements.
Special effort shall be made to preserve the heritage plants, including the redbud tree, the
Seven Sisters Rose bush, the Cecile Brunner's Rose bush and the Sweet Briar Rose bush.
CR-4. Prior to construction of the drainage channel and widening of Hecker Pass Highway, the
project proponent shall contract with a qualified archaeologist to prepare and conduct a
mechanical testing program for the area to be disturbed north of the highway. In the event
historic resources are found, the project proponent shall comply with the
recommendations presented in the report.
CR-5. Prior to issuance of a grading permit, the project proponent shall contract with a qualified
archaeologist to prepare an archaeological monitoring program for the project site. The
program shall be implemented during earth moying activities. In the event significant
resources are discovered, all construction with 50 meters (165 feet) shall be halted until
the project archaeologist has formulated and implemented an appropriate mitigation plan.
CR-6. In the event of an accidental discovery or recognition of any human remains in any
location other than a dedicated cemetery, the City shall ensure that the language is
included in all permits in accordance with CEQA Guidelines section 15064.5(e), subject
to the review and approval ofthe City of Gilroy Planning Division:
If human remains are found during construction there shall be no further excavation or
disturbance of the site or any nearby area reasonably suspected to overlie adjacent human
remains until the coroner of Santa Clara County is contacted to determine that no
Negative Declaration
10
October 26, 2006
investigation of the cause of death is required. If the coroner detennines the remains to be
Native American the coroner shall contact the Native American Heritage Commission
within 24 hours. The Native American Heritage Commission shall identify the person or
persons it believes to be the most likely descendent (MLD) from the deceased Native
American. The MLD may then make recommendations to the landowner or the person
responsible for the excavation work, for means oftreating or disposing of, with
appropriate dignity, the human remains and associated grave goods as provided in Public
Resources Code Section 5097.98. The landowner or his authorized representative shall
rebury the Native American human remains and associated grave goods with appropriate
dignity on the property in a location not subject to further disturbance if: a) the Native
American Heritage Commission is unable to identify a MLD or the MLD failed to make
a recommendation within 24 hours after being notified by the commission; b) the
descendent identified fails to make a recommendation; or c) the landowner or his
authorized representative rejects the recommendation of the descendent, and the
mediation by the Native American Heritage Commission fails to provide measures
acceptable to the landowner.
Noise
N-l. All noise generating construction activities shall be limited to weekdays between 7:00
AM and 7:00 PM, and to Saturdays between 9:00 AM and 7:00 PM. No construction is
allowed on Sundays or city holidays. In addition, temporary benns or noise attenuation
barriers shall be utilized when necessary. This requirement shall be attached as a
contractor work specification for all projects.
Date Prepared: October 26, 2006
End of Review Period: December 1,2006
Date Adopted by City Council:
William Faus
Planning Division Manager
B ill.faus@cLgilroy.ca.us
EXHIBIT B
APPENDIX E
MITIGATION MONITORING PROGRAM
Hecker Pass Special Use District
Backbone Infrastructure Master Plan
Mitigation Monitoring Program
Introduction
CEQA Guidelines section 15097 requires public agencies to adopt reporting or
monitoring programs when they approve projects subject to an environmental impact
report or a negative declaration that includes mitigation measures to avoid significant
adverse environmental effects. The reporting or monitoring program is to be designed to
ensure compliance with conditions of project approval during project implementation in
order to avoid significant adverse environmental effects.
The law was passed in response to historic non-implementation of mitigation measures
presented in environmental documents and subsequently adopted as conditions of
project approval. In addition, monitoring ensures that mitigation measures are
implemented and thereby provides a mechanism to evaluate the effectiveness of the
mitigation measures.
A definitive set of project conditions would include enough detailed information and
enforcement procedures to ensure the measure's compliance. This monitoring program
is designed to provide a mechanism to ensure that mitigation measures and subsequent
conditions of project approval are implemented.
Monitoring Program
The basis for this monitoring program is the mitigation measures included in the project
mitigated negative declaration. These mitigation measures are designed to eliminate or
reduce significant adverse environmental effects to less than significant levels. These
mitigation measures become conditions of project approval, which the project proponent
is required to complete during and after implementation of the proposed project.
The attached checklist is proposed for monitoring the implementation of the mitigation
measures. This monitoring checklist contains all appropriate mitigation measures in the
environmental impact report.
Monitoring Program Procedures
The City of Gilroy shall use the attached monitoring checklist for the proposed project.
The monitoring program should be implemented as follows:
I. The Gilroy Community Development Department should be responsible for
coordination of the monitoring program, including the monitoring checklist. The
Community Development Department should be responsible for completing the
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Hecker Pass Special Use District Backbone Infrastructure Master Plan
Mitigation Monitoring Program
monitoring checklist and distributing the checklist to the responsible individuals
or agencies for their use in monitoring the mitigation measures.
2. Each responsible individual or agency will then be responsible for determining
whether the mitigation measures contained in the monitoring checklist have been
complied with. Once all mitigation measures have been complied with, the
responsible individual or agency should submit a copy of the monitoring checklist
to the Community Development Department to be placed in the project fIle. If
the mitigation measure has not been complied with, the monitoring checklist
should not be returned to the Community Development Department.
3. The Gilroy Community Development Department will review the checklist to
ensure that appropriate mitigation measures and additional conditions of project
approval included in the monitoring checklist have been complied with at the
appropriate time, e.g. prior to issuance of a use permit, etc. Compliance with
mitigation measures is required for project approvals.
4. If a responsible individual or agency determines that non-compliance has
occurred, a written notice should be delivered by certified mail to the project
proponent within 10 days, with a copy to the Community Development
Department, describing the non-compliance and requiring compliance within a
specified period of time. If non-compliance still exists at the expiration of the
specified period of time, construction may be halted and fines may be imposed at
the discretion of the City of Gilroy.
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Hecker Pass Special Use District Backbone Infrastructure Master Plan
Mitigation Monitoring Checklist
Step 1. Prior to approval of the final plans, the following mitigation measures shall
be addressed:
Mitigation Measure AQ-1
The project applicant shall specify in project plans the implementation of the
following dust control measures during grading and construction activities for
any proposed development. The measures shall be implemented as necessary
to adequately control dust, subject to the review and approval by the City of
Gilroy Planning Division:
The following measures shall be implemented at all construction sites:
· Water all active construction areas at least twice daily;
· Cover all trucks hauling soil, sand, and other loose materials or require all
trucks to maintain at least two feet of freeboard;
· Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on
all unpaved access roads, parking areas and staging areas at construction
sites;
· Sweep daily (with water sweepers) all paved access roads, parking areas
and staging areas at construction sites;
· Sweep streets daily (with water sweepers) if visible soil material is carried
onto adjacent public streets;
· Hydroseed or apply (non-toxic) soil stabilizers to inactive construction
areas (previously graded areas inactive for ten days or more);
· Enclose, cover, water twice daily or apply (non-toxic) soil binders to
exposed stockpiles (dirt, sand, etc.);
· Limit traffic speeds on unpaved roads to 15 mph;
· Install sandbags or other erosion control measures to prevent silt runoff to
public roadways;
· Replant vegetation in disturbed areas;
· Place a minimum of 100 linear feet of 6 to 8 inch average diameter cobble
at all exit points to dislodge and trap dirt from vehicle tires;
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· Suspend excavation and grading activity when winds (instantaneous
gusts) exceed 25 miles per hour; and
· Limit the area subject to excavation, grading and other construction
activity at anyone time.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure 81-2
The project applicant shall prepare a Habitat Mitigation Plan to determine the
amount of impacted habitat and the location replacement riparian habitat.
Unavoidable impacts to riparian habitat will be formally assessed and
mitigated to satisfy permit conditions associated with a Streambed Alteration
Agreement issued by the CDFG. Acceptable riparian mitigation ratios are
based on the following habitat quality characteristics: high quality habitat is
replaced at a 3: 1 ratio, medium quality habitat is replaced at a 2: 1 ratio, and
low quality habitat is replaced at a 1:1 ratio. Optional restoration of impacts
to non-native herbaceous or agricultural habitats within the 100-foot buffer is
recommended at a 0.5: 1 ratio. Mitigation of these habitats should occur as
native plantings of suitable vegetation along the Uvas Creek Corridor.
The Habitat Mitigation Plan shall be included in the final improvement plans,
subject to review and approval by the Planning Division, prior to approval of
the final improvement plans.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure BI-3
In order to allow a prompt and effective response to any accidental spills
occurring during construction, and to protect on-site and downstream water
quality and habitat, the project proponent shall prepare a spill abatement plan
and hold a pre-construction worker orientation meeting(s) to discuss the spill
abatement plan. Workers shall be informed of the importance of preventing
spills, and of the appropriate measures to take shall a spill occur. The
materials necessary for the initial response to a spill shall be kept at an easily
accessible location on the project site. Construction material debris, including
trash, shall not be allowed within the creek channel or buffer area.
The spill abatement plan shall be included in the final improvement plans,
subject to review and approval by the Planning Division, prior to approval of
the fmal improvement plans.
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Mitigation Monitoring Checklist
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure 81-4
In order to prevent the spread of invasive non-native species, the project
proponent shall prepare and implement a landscaping and re-vegetation plan
to include the following requirements:
· An eradication plan for plants listed on the Invasive Plant Inventory (Cal-
IPC 2006) currently growing on the project site to be implemented during
the grading phases of the project in those areas subject to grading work
(excluding the Uvas Creek corridor, where the SCVWD implements their
own weed eradication program);
· Use of plants listed on the Invasive Plant Inventory (Cal-IPC 2006)
shall be prohibited;
· Exposed soil areas shall be planted, mulched, or covered between
October 15 and the following April 15 each year;
· Plant materials used in landscaping, erosion control, or habitat
restoration shall consist of plants that are included in an appropriate
native California plants as identified by a qualified biologist or landscape
architect;
· Information regarding the removal of invasive species and landscaping
plant preferences shall be distributed to each homeowner prior to
occupancy;
· To prevent erosion and conserve water during construction, bare soil
between newly installed plant materials shall be mulched, covered with
jute netting, or seeded with a mix of seeds best suited for the climate and
soil conditions, and native to the Santa Clara County region; and
· Lots graded but left vacant pending sale and construction of a house
and landscaping shall be monitored for invasive plants. If deemed
necessary, bare soils should be covered, seeded, or invasive species
actively removed.
The landscape and revegetation plan shall be included in the fInal
improvement plans, subject to review and approval by the Planning Division,
prior to approval of the fmal improvement plans.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
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Hecker Pass Special Use District Backbone Infrastructure Master Plan
Mitigation Monitoring Checklist
Step 2. Prior to the issuance of a grading permit, the following mitigation measure
shall be addressed:
Mitigation Measure 81-8
Prior to future development projects and subject to the review of the City of
Gilroy Planning Division, no more than 30 days prior to commencement of
grading or construction activities on the project site, field surveys shall be
conducted by a qualified biologist to determine ifburrowing owls are present
in the construction zone or within 200 feet of the construction zone. Areas
within 200 feet of the construction zone that are not within the control of the
applicant shall be visually assessed from the project site. These surveys shall
be required only if any construction would occur during the nesting and/or
breeding season of burrowing owls (February 1 through August 31) and/or
during the winter residency period (December I through January 31). If active
nests are found in the survey area, a burrowing owl habitat mitigation plan
shall be submitted to the California Department of Fish and Game for review
and approval. The burrowing owl habitat mitigation plan shall contain
mitigation measures contained in the California Department of Fish and
Game Staff Report on Burrowing Owl Mitigation (California Department of
Fish and Game 1995). Compliance with this mitigation measure may include,
but not be limited to, the following:
· Avoidance of occupied burrows during the nesting season (February 1
through August 31);
· Acquisition, protection and funding for long-term management and
monitoring of foraging habitat adjacent to occupied habitat;
· Enhancement of existing burrows and/or creation of new burrows;
· Passive relocation of burrowing owls.
This mitigation measure is subject to the review and approval of the Planning
Division.
A report documenting survey results shall be subject to review and approval
by the Planning Division, prior to issuance of a building permit.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure CR-5
Prior to issuance of a grading permit, the project proponent shall contract
with a qualified archaeologist to prepare an archaeological monitoring
program for the project site. The program shall be implemented during earth
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moving activities. In the event significant resources are discovered, all
construction with 50 meters (165 feet) shall be halted until the project
archaeologist has formulated and implemented an appropriate mitigation
plan.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Step 3. Prior to start of constmction activities, the following mitigation measures
shall be addressed:
Mitigation Measure 81-1
In order to protect riparian woodland habitat during construction, the
contractor shall install temporary fencing along the boundary of the IOO-foot
buffer prior to commencement of grading and construction activities south of
Hecker Pass Highway. Four-foot fencing shall be fastened to t-post stakes
placed at eight-foot intervals. Signs shall be installed to clearly designate
sensitive habitat boundaries. Erosion control shall be installed to prevent
washing of soil or materials into the riparian area during construction. The
fencing shall remain in place during the entire construction period. The
proposed project includes construction of two storm water outfalls, a storm
water detention basin, a Class I bike path, Linear Park improvements, and
portions of Third Street within the buffer area. In these locations, protective
fencing shall be placed as near the boundary of the buffer area as possible. To
the extent possible, temporary construction staging areas and access roads
needed for construction within the buffer area shall be located on existing dirt
roads or other previously disturbed sites. Soil compaction, parking of vehicles
or heavy equipment, stockpiling of construction materials, and/or dumping of
materials shall not be allowed within the buffer area unless immediately
needed for construction within the buffer area. Permanent open-rail fencing
may be installed in lieu of the temporary fencing.
These specifications shall be included in the final improvement plans, subject
to review and approval by the Planning Division, prior to approval of the final
improvement plans.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure 81-6
A qualified biologist shall conduct a preconstruction worker information
meeting ("tailgate meeting") to inform construction personnel of the potential
presence of special status species and protected habitats. A handout describing
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Mitigation Monitoring Checklist
each special status species with photographs and procedures to follow if a
species is encountered when the biological monitor is not on site shall be
distributed and posted in a common location. Additional worker information
meetings after the initial preconstruction meeting shall be conducted prior to
new worker personnel beginning work on the site.
These specifications shall be included in the final improvement plans, subject
to review and approval by the Planning Division, prior to approval of the final
improvement plans.
A report documenting the results shall be subject to review and approval by
the Planning Division, prior to issuance of an occupancy permit.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure 81-7
Prior to conducting any work adjacent to the Uvas Creek buffer area, a
qualified biologist shall survey for the presence of yellow-breasted chat and
yellow warblers at and within the immediate vicinity of the project area. If
swallows, chats, and/or warblers are present, appropriate mitigations shall be
developed in consultation with the CDFG, including, but not be limited to,
timing construction within a 300-foot buffer of the nesting area to avoid
nesting seasons (March through August) or until young have fledged.
A report documenting survey results shall be subject to review and approval
by the Planning Division, prior to issuance of a building permit.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure 81-9
Pre-construction surveys for nesting raptors will be conducted by a qualified
biologist if construction is to occur during the nesting season (Apri115 -
August 1) to reduce impacts to a less than significant level. If raptor nests are
located during pre-construction surveys, a qualified biologist shall establish a
300-foot buffer around each nest for the duration of the breeding season (until
such time as the young are fully fledged) to prevent nest harassment and
brood mortality. Work may proceed prior to August 1 only if a qualified
biologist conducts nest checks and establishes that the young are fully fledged.
Every effort will be made to avoid removal or impact to known raptor nests
within project boundaries. If trees known to support raptor nests cannot be
avoided, removal of these trees will only occur during the non-breeding
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Hecker Pass Special Use District Backbone Infrastructure Master Plan
Mitigation Monitoring Checklist
season to reduce impacts to a less than significant level. This mitigation
measure is subject to the review and approval of the Planning Division.
A report documenting survey results shall be subject to review and approval
by the Planning Division, prior to issuance of a building permit.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure 81-10
A pre-construction/grading survey of all suitable San Francisco dusky-footed
woodrat habitat within 100 feet of the Uvas Creek corridor or the
westernmost proposed outfall shall be conducted by a qualified biologist. The
survey shall be conducted no earlier than 14 days prior to commencement of
construction activities. If active nests (stick houses) are identified within the
construction zone or within 100 feet of the construction zone, a fence shall be
erected around the nest site with a 100-foot minimum buffer from
construction activities. At the discretion of the biologist, clearing and
construction within the fenced area would be postponed or halted until young
have left the nest. The biologist shall serve as a construction monitor during
those periods when construction activities will occur near active nest areas to
ensure that no inadvertent impacts on these nests will occur. If San Francisco
dusky-footed woodrat are observed within the grading footprint outside of the
breeding period, individuals shall be trapped and relocated to a suitable
location in proximity to the project site by a qualified biologist in possession
of a scientific collecting permit and in accordance with direction from the
CDFG. This mitigation measure is subject to the review and approval of the
Planning Division.
A report documenting survey results shall be subject to review and approval
by the Planning Division, prior to issuance of a building permit.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure 81-11
Pre-construction surveys for roosting bats will be performed no more than 30
days prior to construction. If roosts are found, a Memorandum of
Understanding (MOU) with the CDFG will be obtained by the contractor in
order to remove bat species. Alternatively, the construction schedule will be
modified to initiate construction after August 1, within the specified exclusion
zone, when young have fledged. Ifbats are found, a suitable construction
exclusion zone shall be established based on the number and species of bats
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Hecker Pass Special Use District Backbone Infrastructure Master Plan
Mitigation Monitoring Checklist
observed. Alternative habitat will need to be provided ifbats are to be
excluded from maternity roosts. If this is the case, a roost with comparable
spatial and thermal characteristics will be constructed and provided. CDFG
shall be consulted regarding specific designs. This mitigation measure is
subject to the review and approval of the Planning Division.
A report documenting survey results shall be subject to review and approval
by the Planning Division, prior to issuance of a building permit.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure 81-12
Prior to construction, a qualified arborist shall complete an inventory and
assessment of any trees proposed for removal and! or trees that may be
impacted by disturbance. Included in this survey will be recommendations for
the following:
a. Avoidance of tree removal whenever possible;
b. Transplanting of trees if possible; and
c. Recommendations for replacement planting areas, replacement ratio, and
monitoring after replanting.
Project developers shall implement the recommendations in the arborist
report. To compensate for the loss of protected trees, any protected tree(s) that
are removed shall be replaced. The typical ratio of replacement is 3:1;
however the arborist may make recommendations regarding the ratio based
on the results of the tree assessment and planting plan and depending on size
and health of the trees. Replacement locations should focus on areas within
the specific plan boundary.
This mitigation measure is subject to the review and approval of the Planning
Division.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure 81-13
In order to protect oak trees on the project site from inadvertent damage by
construction equipment during grading and construction activities, native
trees that are to be retained and are located within or adjacent to the
City of Gilroy
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Hecker Pass Special Use District Backbone Infrastructure Master Plan
Mitigation Monitoring Checklist
construction zone shall be identified in grading plans, and the following
protective methods employed during construction.
a. For trees under 12 inches in diameter, wrap trunks with protective
materials;
b. For trees 12 inches in diameter or greater, install protective fencing 0.5- to
0.75- feet from the trunk per inch trunk diameter; work within the protected
area shall be overseen by a qualified arborist of biologist;
c. Bridge or tunnel under roots greater than four inches in diameter where
exposed. Smaller roots shall be cut by manually digging a trench and cutting
exposed roots with a saw, vibrating knife, rock saw, narrow trencher with
sharp blades, or other approved root-pruning equipment. Any roots damaged
during grading or excavation shall be exposed to sound tissue and cut cleanly;
and
d. Avoid soil compaction, parking of vehicles or heavy equipment,
stockpiling of construction materials, and/ or dumping of materials under
dripline of trees.
This mitigation measure is subject to the review and approval of the Planning
Division.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure CR-1
Prior to earth-moving activities for the widening of Hecker Pass Highway, the
project proponent shall contract with a qualified archaeologist/historian to
conduct further evaluation of the Gilroy Municipal Golf Course for potential
historical significance and evaluate the impact on the resource from the
highway widening. If the impact is considered to be significant, measures
shall be incorporated into the project to ensure the impact is less than
significant.
It is assumed that this would occur during the environmental review process
Caltrans will conduct for the highway widening project.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
City of Gilroy
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Hecker Pass Special Use District Backbone Infrastructure Master Plan
Mitigation Monitoring Checklist
Mitigation Measure CR-2
After completion of the widening of Hecker Pass Highway, the project
proponent shall replace, on-site, the four historic cedar trees to be removed at
a ratio of four to one.
Party Responsible for Implementation: Caltrans
Party Responsible for Monitoring: Caltrans
Mitigation Measure CR-3
Prior to the widening of Hecker Pass Highway, the project proponent shall
relocate/reconstruct the portion of the garden that would be impacted
elsewhere on the property. It is recommended that the
relocation/reconstruction occur behind or to the east of the existing house.
In addition, wherever possible, transplant, within the existing garden or
reconstructed portion, the trees and plants that are to be removed as a result
of the improvements. Special effort shall be made to preserve the heritage
plants, including the redbud tree, the Seven Sisters Rose bush, the Cecile
Brunner's Rose bush and the Sweet Briar Rose bush.
Party Responsible for Implementation: Caltrans
Party Responsible for Monitoring: Caltrans
Mitigation Measure CR-4
Prior to construction of the drainage channel and widening of Hecker Pass
Highway, the project proponent shall contract with a qualified archaeologist
to prepare and conduct a mechanical testing program for the area to be
disturbed north of the highway. In the event historic resources are found, the
project proponent shall comply with the recommendations presented in the
report.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Step 4. During construction activities, the following mitigation measure shall be
addressed:
Mitigation Measure 81-5
When within 100 feet of the Uvas Creek corridor, a qualified biologist shall
monitor all construction activities. Monitoring shall focus on potential habitat
and/ or individual riparian species, including the California yellow warbler,
City of Gilroy
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Hecker Pass Special Use District Backbone Infrastructure Master Plan
Mitigation Monitoring Checklist
yellow-breasted chat, San Francisco dusky-footed woodrat, western pond
turtle, steelhead, Monterey roach, loggerhead shrike, bats, and raptors. The
monitor shall look for individuals of these species within suitable habitat,
identify any buffers necessary to avoid impacts if individuals are found,
relocate individuals of these species out of the construction area as necessary
and feasible (in consultation with the USFWS and/or CDFG), and
coordinate with project City, and agency staff as necessary.
These specifications shall be included in the final improvement plans, subject
to review and approval by the Planning Division, prior to approval of the final
improvement plans.
A report documenting monitoring results shall be subject to review and
approval by the Planning Division, prior to issuance of an occupancy permit.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure CR-6
In the event of an accidental discovery or recognition of any human remains
in any location other than a dedicated cemetery, the City shall ensure that the
language is included in all permits in accordance with CEQA Guidelines
section 15064.5(e), subject to the review and approval of the City of Gilroy
Planning Division:
If human remains are found during construction there shall be no
further excavation or disturbance of the site or any nearby area
reasonably suspected to overlie adjacent human remains until the
coroner of Santa Clara County is contacted to determine that no
investigation of the cause of death is required. If the coroner
determines the remains to be Native American the coroner shall
contact the Native American Heritage Commission within 24
hours. The Native American Heritage Commission shall identify
the person or persons it believes to be the most likely descendent
MLD) from the deceased Native American. The MLD may then
make recommendations to the landowner or the person responsible
for the excavation work, for means of treating or disposing of, with
appropriate dignity, the human remains and associated grave
goods as provided in Public Resources Code Section 5097.98. The
landowner or his authorized representative shall rebury the Native
American human remains and associated grave goods with
appropriate dignity on the property in a location not subject to
further disturbance if: a) the Native American Heritage
Commission is unable to identify a MLD or the MLD failed to
make a recommendation within 24 hours after being notified by the
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Hecker Pass Special Use District Backbone Infrastructure Master Plan
Mitigation Monitoring Checklist
commission; b) the descendent identified fails to make a
recommendation; or c) the landowner or his authorized
representative rejects the recommendation of the descendent, and
the mediation by the Native American Heritage Commission fails
to provide measures acceptable to the landowner.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure N-1
All noise generating construction activities shall be limited to weekdays
between 7:00 AM and 7:00 PM, and to Saturdays between 9:00 AM and 7:00
PM. No construction is allowed on Sundays or city holidays. In addition,
temporary berms or noise attenuation barriers shall be utilized when
necessary. This requirement shall be attached as a contractor work
specification for all projects.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
City of Gilroy
12
EXHIBIT C
A1S 05-54
FINAL CONDITIONS OF APPROVAL
Plannin2 Division (contact Melissa Durkin at 846-0440, Melissa.Durkin@cLgilroy.ca.us)
1. MITIGATION MEASURES #1 THROUGH #21, contained within the attached Negative
Declaration shall be applied to the approval of the project in order to reduce and/or mitigate all
potential significant impacts to a level of insignificance, as required under the California
Environmental Quality Act (CEQA). This shall be subject to the review and approval of the
Planning Division.
En2ineerin2 Division (contact John Brice at 846-0450, John.Brice@ci.gilroy.ca.us)
2. Roads shall not exceed 15 % grade, shall provide 14 feet overhead clearance, and an inside
turning radius of not less than 32 feet and outside radius of not less than 39 feet.
3. Grade transition from streets to driveways shall not exceed 2 %. Other grade transitions shall
not exceed 10 % or be such that 30 feet fire apparatus shall not bottom out.
4. Grading, Erosion Control, and Drainage plans are required and shall be subject to the review and
approval of the Engineering Division prior to building permit issuance.
5. Site preparation and fill construction shall be conducted under the observation of, and tested by,
a licensed soils or geotechnical engineer. A report shall be filed with the City of Gilroy stating
that all site preparation and fill construction meets the requirements of the geotechnical
investigation. This shall be subject to review and approval by the Engineering Division.
6. The foundation design, based on soils tests, shall be reviewed and approved by the Community
Development Department.
7. All retaining walls shall be masonry and shall be a modular system, subject to the review and
approval of the Planning, Building, and Engineering Divisions.
8. A sewer backflow preventer may be required, subject to the review and approval of the
Engineering Division.
9. A storm flow dissipater may be required, subject to the review and approval of the Engineering
Division.
10. Any work in the public right-of-way shall require a Traffic Control Plan prepared by a licensed
professional engineer with experience in Traffic Control preparation.
11. Infrastructure shall be in place prior to the issuance of building permit subject to the provisions of
the Development Agreement.
12. Replace and/or repair any damaged curb, gutter and sidewalk.
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13. Undergrounding required with new streets. All overhead utility facilities within newly
constructed public streets shall be placed underground. No utility undergrounding fee shall be
required for any frontage of a development project which is adjacent to a street which will be
improved, including utility undergrounding, as a condition of such project Installation of
underground utility lines, etc.: exceptions.
14. New and existing utility lines, appurtenances and associated equipment, including, but not
limited to, electrical transmission, street lighting, and cable television shall be required to be
placed underground.
15. All commercial and industrial driveways shall be 35-foot wide minimum unless otherwise
approved by the City Engineer.
16. Lot size and easements are to correspond with the tract map and need to be shown on the plan.
17. Any retaining wall in excess of 48 inches tall (from the bottom of the footing to the top of the
wall or supporting a surcharge) will need to have a building permit and engineering calculations
(submitted to the Building Department).
18. Water pressure reducing valve or backflow preventer may be required.
19. All previous Engineering Division review comments shall apply unless otherwise specified in
writing. Additional comments may be added at any time due to incomplete plans, plan changes
and mistakes, errors or omissions.
20. A note will be added to Backbone Infrastructure Plan stating, "all proposed changes are
subject to review and approval by the City during final design."
21. A conceptual PG&E main line routing plan will be added to the backbone infrastructure
plans.
22. Conceptual phasing diagrams will be added to each of the infrastructure systems sheets.
23. Super elevation design of the Third Street curve between the Autumn Drive roundabout and the
Grassland Way roundabout will be determined by the City during the final design stage. A note
will be added to the backbone infrastructure plans and the curve will be specifically labeled as
such on sheet 7.
24. Pedestrian safety lighting will be provided at key Uvas Creek trail connection points and other
critical pedestrian interface areas. The location will be determined by the City during the park
design phase of the project.
25. Notes will be added to the grading and landscape plans stating, "the east detention pond situated
along Third Street will be designed in a natural appearing configuration utilizing contour
grading techniques and natural landscape features." The final design will be determined by the
City during the park design phase of the project.
A/S 05-54
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1/12/07
26. The existing sanitary sewer maintenance road will be labeled on the backbone infrastructure
plans. A note will be added stating, "the alignment of the proposed Uvas Creek Class I trail
shall meander and may deviate from the existing maintenance road alignment. The final
alignment and design will be determined by the City during the park design phase of the
project."
27. The width of the proposed PSE along the maintenance road north of Cobblestone Court will be
increased to match that of Cobblestone Court. Sanitary sewer and storm drain will be stubbed to
the northerly terminus of Cobblestone Court for future connection by others.
28. Provide an additional PSE of the same width as Cobblestone Court from the cul-de-sac, at the
northerly end of Cobblestone Court to the Caltrans right-of-way at the EV A road connection for
"The Forest". Sanitary sewer and storm drain will be stubbed to the north westerly terminus of
Cobblestone Court for future connection by others.
29. Storm Drainage and Sanitary Sewer systems within Cobblestone Court shall be completed and
serviceable by January 1, 2011. Applicant shall coordinate the Cobblestone Court storm drain
and sanitary sewer design with the Forest project to accommodate potential future connection by
the Forest project, but without any obligation to construct the storm drain or sewer by any
certain date and at no added construction cost to Applicant.
30. The proposed 12" recycled water line in Third Street will be extended easterly and stubbed to
the project boundary at Village Green for a future connection by others.
31. All tree mitigation measures identified in the project initial study will be added to Sheet 15 of
the backbone infrastructure plans.
32. A note will be added to the backbone infrastructure landscaping plan stating, "final design of the
linear park and neighborhood park will be determined by the City during the park design phase
of the project.
33. Landscape plan sheets will be numbered consecutively with the backbone infrastructure plans.
34. A title will be added to the major scenic viewpoints detail.
35. The linear park split rail fence will be located approximately 3 feet behind the back of curb on
the southerly side of the Third Street and along any other park areas that are adjacent to
roadways. The plans and sections will be revised to depict this condition.
36. The Uvas Creek Class I trail will terminate at the intersection of Hecker Pass Hwy. and Burchell
Road.
Fire Department (contact Jackie Bretschneider at 846-0430, Jacqueline.Bretschneider@ci.gilroy.ca.us)
37. Street Hydrants shall be spaced every 300 feet. Hydrants shall flow a minimum of 1500 gpm
with a 20 psi residual. Hydrant locations shall be approved by the Fire Marshal prior to final
map. Fire Hydrants shall be provided with a hard-scape apron that extends to the roadway when
they are located more than 3' away from a paved area.
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38. All buildings shall be provided with water service to support fire protection systems. Single
Family Residential buildings shall have domestic lines to support NFP A 13 D systems,
commercial buildings shall have a separate fire water tap for each. Commercial Sites shall have
an FDC located at the street near a driveway.
39. Fire hydrant(s) shall be installed so that there is a hydrant within 150 feet of buildings or
combustible storage or hazardous operations. Hydrant location to be reviewed and approved by
Fire Prevention
40. Roads shall be all weather and capable of supporting a 40,000 pound apparatus and provide an
inside turn radius of 32 and outside radius of 39 feet. Roadways and driveways shall provide a
minimum 20 feet of unobstructed travel. No parking signage shall be provided on public
roadways, and red curbing and additional no parking signage shall be provided on private
roadways. Secondary Access shall be provided when the number of units exceeds 24 with
access from only one roadway.
41. Dead end streets or access in excess of 150 feet shall be provided with a turn around that meets
the Fire Department Standard template.
42. A vegetation management plan shall be provided where ever natural/non irrigated vegetation
will be preserved. The vegetation management plan is to be prepared by a professional in
wildland - urban interface vegetation management, and be approved by the Fire Marshal.
City Council-Added Conditions
43. The developer shall complete negotiations with adjacent property owners for the design and
acquisition of all right-of-way, emergency access, storm, and sanitary sewer improvements
and/or easements prior to approval ofthe first Final Map.
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2007-02 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
22nd day of January, 2007, 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 8th day of February, 2007.
v4;~~.
City Clerk of the City of Gilroy
(Seal)