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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 IMD01714670.2 01-011307-04706083 -1- 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. IMD01714670.2 01-011307-04706083 -2- 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. IMD01714670.2 01-011307-04706083 -3- 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 IMD01714670.2 01-011307-04706083 -4- 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 City of Gilroy 1 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. City of Gilroy 2 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; CffyofGHroy 1 Hecker Pass Special Use District Backbone Infrastructure Master Plan Mitigation Monitoring Checklist · 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. City of Gilroy 2 Hecker Pass Special Use District Backbone Infrastructure Master Plan 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 City of Gilroy 3 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 City of Gilroy 4 Hecker Pass Special Use District Backbone Infrastructure Master Plan Mitigation Monitoring Checklist 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 City of Gilroy 5 Hecker Pass Special Use District Backbone Infrastructure Master Plan 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 City of Gilroy 6 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 City of Gilroy 7 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 8 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 9 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 10 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 City of Gilroy 11 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. AlS 05-54 2 1/12/07 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 3 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. AlS 05-54 4 1/12/07 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)