Loading...
Resolution 2007-21 RESOLUTION NO. 2007-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 06-13, A TENTATNE MAP TO CREATE 5 RESIDENTIAL LOTS, ON APPROXIMATELY 1.5 ACRES LOCATED AT 5885 MILLER AVENUE, WEST OF THE MILLER, THOMAS AND MESA ROAD INTERSECTON, APN 810-28-002. WHEREAS, Randolph Sargenti submitted application TM 06-13, requesting a tentative map to create 5 parcels on approximately 1.5 acres ("the Project"), located at 5885 Miller Avenue, west of the Miller, Thomas and Mesa Road intersection, APN 810-28-002; and WHEREAS, the Planning Commission held a duly noticed public hearing on March 1, 2007, at which time the Planning Commission considered the public testimony, the staff report dated January 5, 2007 ("Staff Report"), and all other documentation related to application TM 06-13, and recommended that the City Council approve said application; and WHEREAS, pursuant to the California Environmental Quality Act, ("CEQA"), the City Council after consideration of the Environmental Impact Report ('EIR') prepared in conjunction with this Project, and utilized for the change in Zoning Designation (Z03-04), did certify the EIR on December 19, 2005, finding that the EIR was prepared in compliance with CEQA. This associated Tentative Map (TM 06-13) is determined to be part of the project receiving environmental clearance with said EIR; and WHEREAS, the City Council held a duly noticed public hearing on March 19, 2007 at which time the City Council considered the public testimony, the Staff Report, a supplemental staff report dated March 3, 2007, and all other documentation related to application TM 06-13; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this Project approval is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council hereby finds as follows: ILLEZOTTEI720578.2 - 1- 032607-04706089 Resolution No. 2007-21 1. Public utilities and infrastructure improvements needed to serve the Project are in close proximity to the Project site. 2. The proposed development is consistent with the City's Zoning Ordinance and Subdivision and Land Development Code, and with the State Subdivision Map Act. 3. The proposed Project is consistent with the intent of the goals and policies of the General Plan and the land use designation for the property on the General Plan map (Low Density Residential). 4. The Project is consistent with the surrounding development. 5. There is no substantial evidence in the entire record that there will be any new significant environmental impacts as a result ofthis Project. 6. There are no facts to support the findings requiring denial of the proposed tentative map pursuant to California Government Code section 66474. B. Tentative Map TM 06-013 should be and hereby is approved, subject to the conditions of approval set forth in Exhibit "A" attached hereto and entitled "TM 06-13 FINAL CONDITIONS OF APPROVAL" which include the 12 mitigation measures set forth in the EIR. PASSED AND ADOPTED this 2nd day of April, 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, and PINHEIRO NONE ABSENT: COUNCILMEMBERS: VELASCO APPROVED: A TTE T: -~~~ Rhonda Pellin, City Clerk ILLEZOTTEI720578.2 032607-04706089 - 2- Resolution No. 2007-21 EXHIBIT A TM 06-13 1/5/07 Plannine: Division (contact Gree:e: Polubinskv 408-846-0440. ereee.Dolubinskv@ci.e:ilrov.ca.us) These conditions are subject to the review and approval of the Planning Division. 1. MITIGATION MEASURES #1 through #12 contained within the Negative Declaration dated September 2005for the Miller A venue Reorganization A 03-01 for the subject project shall be applied to the approval of this Tentative Map in order to reduce and/or eliminate all potential significant impacts to a level of insignificance, as required under the California Environmental Quality Act (CEQA). 2. Subdivider shall defend, indemnify, and hold harmless the City, its City Council, Planning Commission, agents, officers, and employees from any claim, action, or proceeding against the City or its City Council, Planning Commission, agents, officers, and employees to attack, set aside, void, or annul an approval of the City, City Council, Planning Commission, or other board, advisory agency, or legislative body concerning this subdivision. City will promptly notify the subdi~ider of any claim, action, or proceeding against it, and will cooperate fully in the defense. This condition is imposed pursuant to California Government Code Section 66474.9. 3. Homeowners Association or a property owner's Maintenance Agreement is required for all commonly owned property within this subdivision. 4. Prior to Final Map approval, the Sargenti Martial Trust Tentative Map and the Chappell Tentative Map applicants will develop mutually acceptable Homeowners Association and/or property owner's Maintenance Agreement for common boundary fence shared by both projects. 5. There are existing property boundaries among the Sargenti Martial Trust Tentative Map and the Chappell Tentative Map applicants which adjoin common areas and/or front yards. Solid fencing higher than 3 feet in these areas will not be permitted. Solid 6 foot fencing will only be pennitted when associated with rear yard fencing. 6. Private driveway will be landscaped and will be reviewed at time of the first Architectural & Site Review submittal. 7. Vector based e-files will be required prior to Final Map approval, readable by AutoCAD (IGES, DXF, DWG), containing lot and street layout and all City utilities. These files will be used to update the City's GIS system. Ene.ineerine. Division (contact .John Brice 408-846-0450. iohn.brice@ci.eilrov.ca.us) These conditions are subject to the review and approval of the Engineering Division. 8. Final Map requires coordination with the Chappell Property - also easements and/or dedication on the Chappell Property. TM 06-13 1/5/07 9. Source of water supply and distribution system will be identified and approved prior to Final Map submittal. I I The following standard Tentative Map conditions shall apply: 10. A SWPPP and an Erosion Control Plan is required for all development over 1 acre. I I 11. Certification of improvement on site plans is required prior to Building final (add to general notes on Title sheet of plans). 12. Certification of fire flow test is required prior to final permit (add to general notes on Title sheet or plans). 13. Certification of grades and compaction is required prior to building permit final. This statement must be added as a general note to the Grading and Drainage Plan. 14. Certification is required by the design engineer of the design and construction for all retaining walls shown on the improvement plans prior to final acceptance of the subdivision. 15. All retaining walls must be constricted of permanent materials such as concrete or masonry, and shall be of a modular design; wood shall not be permitted. 16. All Traffic Control Plans shall be prepared by a licensed professional engineer with experience in Traffic Control Design. 17. A Traffic Control Plan shall be provided in the Improvement Plans set for all work within the public right-of-way. 18. All temporary roads or detours shall have temporary asphalt paving unless otherwise approved by the City Engineer in writing. 19. Full frontage improvements are required for all new development. All streets must show sidewalks on both sides. 20. All work is to be done in compliance with the City of Gilroy Specifications Standards and Design Criteria and is subject to all laws of this community by reference. 21. Street improvements and the design of all storm drainage, sewer and water lines, and all street sections and widths shall be in accordance with City Standards and shall follow the most current Master plan for streets and each utility. The developer shall provide full street, curb, gutter, sidewalk and electrolier improvements. 22. All grading operations and soil compaction activities shall be per the approved soils report and shall meet with the approval of the City Engineer. Grading plans shall show the grades of all adjacent properties. 23. If the project has excess fill or cut that will be off-hauled to a site or on-hauled from a site within the city limits of Gilroy, an additional permit is required. This statement must be added as a general note to the Grading and Drainage Plan. 24. A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. TM 06-13 1/5/07 25. Location of monuments shall be tied out prior to work. Any City monument damaged, displaced or destroyed shall be replaced at the developer's sole expense. 26. New and existing utility lines to, through and on the site, and appurtenances and associated equipment, including, but not limited to, electrical transmission, street lighting, cable television and telepHone shall be required to be placed underground. 27. A Final Map with all required dedications shall be filed with a copy transmitted to the City. 28. The developer shall submit an estimate of the probable cost of. developer-installed off-site improvements with the Final map submittal. 29. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final Map recordation. 30. In the event it is necessary to acquire offsite easements or street right-of-way, the owner shall enter into an agreement with the City prior to Final Map approval agreeing to pay all condemnation costs, for dedication of all required easements or street right-of-way. This agreement shall be recorded and require the owner to deposit all condemnation costs with the City within 21 days of Final Map approval. The owner shall agree to provide an initial cash deposit as determined by the City. 31. Prior to Final Map approval and approval of the Improvement Plans, the following items will, need to be completed: ' a. The developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground.) b. A note shall be placed on the plans which states that the composite plan agrees with City Codes and Standards and that no underground utility conflict exists. c. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the City. d. The City will collect the plan check and inspection fee for the utility underground work. 32. A current Title Report shall be submitted for review to the City prior to Final map approval. 33. Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City: e. A professional engineer-signed and PG&E-approved original electric plan. f. A letter from the design Electrical or Civil Engineer that states the electrical plan conforms to City Codes and Standards, and to the approved subdivision improvement plans. 34. All lots shall drain to the street for storm drainage. 35. Improvement plans are required for all on-site and off-site improvements. 36. Submit a Hazardous Material clearance for any underground tank removal from the appropriate agency. TM 06-13 1/5/07 37. A Storm Water Pollution Prevention Plan shall be filed with the Regional Water ~uality Control Board with a copy to the City. An Erosion Control Plan and Waste Discharger Identification shall be submitted to the City. . ~ 38. The developer shall negotiate right-of-way with Pacific Gas and Electric and other utilities subject to the review and approval by the Engineering Division and the utility companies. 39. Storm and sewer lines in private streets shall be privately maintained unless approved by the City Engineer in writing. 40. If any portion of the project is located in a special flo~ hazard area as shown on the most current flood insurance rate map; a flood zone study is required. Should the City Engineer determine a LOMR (letter of map revision) is required, no permits will be issued until a CLOMR (conditional letter of map revision) is completed. No permits will be finaled until the LOMR is complete. Any flood conditions imposed on this project by the National Flood Insurance Program or the City of Gilroy will be enforced by the City of Gilroy. 41. If any portion of the project is located in a special flood hazard area, provide the following statement in a bold box with minimum ~ inch text on the front sheet of the plan set: "This project is located in a Flood Zone. A Conditional Elevation Certificate is required prior to the foundation pour and an Elevation Certificate with pictures of each of the four building elevations is required prior ,to final inspection". . 42. If any portion of the project contains recycled water facilities as shown in the South County Recycled Water Master Plan, the facilities shall be installed at sole expense of the developer prior to final or occupancy of the fust building. 43. Homeowners Association, Conditions, Covenants and Restrictions and/or property owner's Maintenance Agreement shall be approved by the Planning Division prior to the map being released for recordation. 44. The City shall be notified at least two (2) working days prior to the start of any construction work and at that time the contractor shall provide a project schedule and a 24 hour emergency telephone number list. 45. All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the City Engineer. 46. Once the tentative map is approved, the developer shall submit an 8-1/2 X II-inch site plan to the Engineering Division to assign addressing which shows the following: tract name and number, lot number, street names, property lines, right-of-way lines, north arrow and curb cuts for driveway. 47. Reimbursement is required for any frontage infrastructure including but not limited to curb, gutter, sidewalk, stonn, sewer, and water, constructed by others that benefits this development. 48. The permanent street name sign shall be installed immediately after the curb and gutter construction is complete. 49. The developerJcontractor shall make accessible any or all City utilities as directed by the City Engineer. 50. Additional comments may be added at any time due to incomplete plans, plan changes and mistakes, errors or omIssIons. TM 06-13 1/5107 Fire Marshal (contact Jacqueline Bretschneider at 846-0430. iacqueline.bretschneider@ci.sdlrov.ca.us) These conditions are subject to the review and approval of the Fire Marshal. I f , 51. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure for homes up to 3600 square ft. Higher flow is required for larger home sizes or mitigation by installation of a residential fire sprinkler system. Street Hydrants shall be spaced every 300 ft, and within 150 ft of any building. Hydrants shall be installed prior to commencement of construction with combustible materials. Fir~ Hydrant locations shall be approved by the Fire Marshal prior to final maplsite improvements. The most remote hydrant shall be flow tested by a qualified person or the Fire Marshal prior to possession by the water department. Flow test shall be submitted to the Fire Marshal prior to the building permit. Curbing shall be painted red for 15 ft on each side of each hydrant. 52. Roadways, including shared driveways and access to buildings, shall provide a minimum 20 feet of unobstructed travel. This is measured from inside face of curb to inside face of curb unless modified/rolled curbs are used. Turning radius shall not be less than 32' inside and 39' outside radius. Parking shall be restricted as follows a. Less than 28 ft. no parking at all. b. Less than 36 ft. no parking on one side. c. Over 36 ft parking not restricted. 53. Where parking is restricted, it shall be posted with signs for No Parking-Fire Lane and curbs shall be painted red. Signage and curb painting shall be maintained in good condition. The parking enforcement plan shall be reviewed and approved by Deputy Fire Marshal prior to the final inspection of the first unit built. The parking enforcement plan shall be provided by the developer for the HOA to follow, and shall be included in the CC&R' s. 54. Final map to include a paragraph that reads: "Red curbing and signage shall be maintained by the Horne Owners Association. A parking enforcement shall be implemented by the Homeowners Association." The tract improvement plans shall include a striping plan that delineates the red curbed areas and the locations of no parking signage. ' 55. Dead end public streets shall be provided with a cul-de-sac of 78' diameter. Dead end private streets may use alternate turn around configurations only when fire sprinklers are provided for all buildings. These include a hammer head with 30'deep extensions on each side of roadway, 3 point turnaround consisting of a 54'x54' rectangular turnaround from a minimum 20' entry adjacent to one corner. 56. Roads shall not exceed 15 % vertical grade, or 5% cross grade, shall provided 14 ft overhead clearance. 5? Grade transition from streets to driveways shall not exceed 2%. Other grade transitions shall not exceed I 0% or be such that 30 ft fire apparatus shall not bottom out. 58. Gated Streets shall have Fire and Police KNOX access, and be provided with automatic opening compatible with the Fire Department Opticom System. Gates shall provide opening of full width of roadway being served. 59. Open space areas shall have a perimeter buffer of minimum 30 ft in width that meets the Fire Department Fuel Transition Zone Policy. The final map shall show the perimeter buffer and indicate that it is the responsibility of the HOA to maintain the landscaping pursuant to the Fire Department Fuel Transition Zone Policy. TM 06-13 1/5/07 60. When fire sprinkler systems are to be installed the site improvement plans shall provide-adequate water service to support an NFP A 13 D fire sprinkler system (recommended that laterals be a minimum of 1.5 inches. House plot plans shall identify the house as being sprinklered and indicate the water meter size. I 61. Driveways in excess of 150 ft shall be provided with an approved turn around. 3.0 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 ev(~luate 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 environmental impact report. 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 Miller Avenue Reorganization project. The monitoring program should be implemented as follows: EMC Planning Group Inc. 3-1 ( 3.0 Mitigation Monitoring Program Miller Avenue Reorganization Final EIR 1. 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 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; and 4. If a responsible individual or agency determines that a 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. Miller A venue Reorganization Mitigation Monitoring Checklist Step 1 Prior to approval of a tentative map or other development entitlements for the project site, the following mitigation measures shall be implemented: 2. The applicant shall initiate consultation with the California Department of Fish and Game and the United States Fish and Wildlife Service to obtain an incidental take permit, which will require preparation and approval of a Habitat Conservation Plan (HCP). The HCP may include, but not be limited to the following: a. California tiger salamander upland habitat preservation at a three to one ratio. Habitat preservation can occur either on site or at a suitable off site mitigation bank. Habitat preserved as part of a habitat corridor can be included as onsite mitigation. 3-2 EMC Planning Group Inc. I I \ Miller Avenue Reorganization Final EIR 3.0 Mitigation Monitoring Program b. A 300-foot fenced exclusion zone from the high water mark of Farman Canyon Creek. 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 stream during construction. Soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/or dumping of materials shall not be allowed within the exclusion zone. The fencing shall remain in place during the entire construction period. Permanent open-rail fencing may be installed in lieu of the temporary fencing. c. A pre-construction worker orientation, prepared and conducted by a qualified biologist, to inform workers of the amphibian's protected status and facilitate identification of the potential presence of special status amphibians. d. Measures to avoid loss of these species during construction activities including but not limited to: 1) Who to contact to remove individual amphibians from the project site prior to and during project grading and construction; 2) How/Where to relocate them to nearby protected habitat or other suitable locations identified in the plan; and 3) Appropriate measures to prevent amphibians from entering the site during construction activities. e. Reporting requirements to monitor the effectiveness of the provision of the HCP. f. Construction details to prevent entry of amphibians into private yards or onto streets, to reduce the potential for accidental take during occupancy of the proposed project. g. Additional mitigation measures may be required as part of a project-specific or regional HCP. The HCP shall be approved by the US Fish and Wildlife Service prior to approval of a tentative map. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 12. The developer of the project site shall have a geotechnical report prepared to evaluate the project site's suitability for residential development. The report shall EMC Planning Group Inc. 3-3 3.0 Mitigation Monitoring Program Miller Avenue Reorganization Final EIR identify any measures necessary for building and infrastructure foundations, retaining walls, etc., so that potential impacts associated with seismic events and landslides would be mitigated. The geotechnical report shall be subject to review and approval by the City Engineering Division, prior to approval of a tentative map. The developer shall implement recommendations in the report during site preparation. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division Step 2 Prior to approval of a demolition permit, the following mitigation measures shall be implemented: 9. Prior to demolition of any structures on the project site, the existing structures on shall be evaluated by a qualified historian, if the structures are 50 years or older at the time of application. The historic evaluation shall be included in the CEQA process for future development entitlements of the project site. If the structures are determined to be historically significant, appropriate mitigation measures shall be implemented, which may include retaining the structures. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division Step 3 Prior to approval of a building permit and grading activities the following mitigation measures shall be implemented: 1. The following surveys shall be required 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). 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 of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. Results of the survey shall be documented by the biologist, and reviewed by the City Planning Division, prior to issuance of a building permit. 3-4 EMC Planning Group Inc. Miller Avenue Reorganization Final EIR 3.0 Mitigation Monitoring Program If active nests are found in the survey area, the applicant shall contact the California Department of Fish and Game and shall initiate a Memorandum of Understanding (MOD) process with the California Department ofFish and Game. The MOU shall contain mitigation measures contained in the California Department ofFish and Game Staff Report on Burrowing Owl Mitigation (California Department ofFish and Game 1995). The MOU may contain, 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. The MOU process shall be completed prior to grading or construction activities. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 3. The following surveys shall be required if any construction would occur during the nesting season for raptors (April 15 - August 1). Preconstruction surveys for nesting raptors shall be conducted by a qualified biologist prior to commencement of grading activities. 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 season to reduce impacts to a less than significant level. Results of the survey shall be documented by the biologist, and reviewed by the City Planning Division, prior to issuance of a building permit. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 4. Prior to future development activities, and in coordination with the mitigation measures above, a 300-foot setback from the high water mark of Farman Creek EMC Planning Group Inc. 3-5 3.0 Mitigation Monitoring Program Miller Avenue Reorganization Final EIR will be fenced. Grading and equipment will not be allowed within this setback. If disturbance is proposed within the creekbed, a Section 404 permit from the USACE and a Streambed Alteration Agreement from CDFG will be obtained. 5. 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. The erosion control plan should include but not be limited to the following best management practices: a. Temporary mulching, seeding or other suitable stabilization measures to protect exposed erodible areas during construction; b. Earth or paved interceptors and diversions installed at the top of cut or fill slopes where there is a potential for erosive surface runoff; c. Erosion and sediment control devices for all grading and filling. Control devices and measures could include, but are not limited to energy absorbing structures or devices to reduce the velocity of runoff water, and; d. Within thirty days after completion of grading, all surfaces disturbed by vegetation removal, grading, or other construction activity that alters vegetative cover, should be revegetated to control erosion, unless covered with impervious or other improved surfaces authorized by approved plans. Erosion controls may include any combination of mechanical or vegetative measure, including but not limited to those described in USDA Soil Conservation Service Bulletin 347. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 6. In order to prevent the spread of invasive non-native species, the project proponent shall prepare a landscaping and re-vegetation plan to include the following requirements: a. An eradication plan for plants listed in California Invasive Plant Council's Exotic Pest Plants of Greatest Ecological Concern in California currently growing on the project site; b. Use of plants listed in California Invasive Plant Council's Exotic Pest Plants of Greatest Ecological Concern in California shall be prohibited; 3-6 EMC Planning Group Inc. Miller Avenue Reorganization Final EIR 3.0 Mitigation Monitoring Program c. Exposed soil areas shall be planted, mulched, or covered between October 15 and the following April 15 each year; d. 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; and e. To prevent erosion and conserve water, 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 Gilroy region. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 7. Future developers shall specify in project plans the implementation of the following dust control measures during grading and construction activities for development of the project site. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Er~gineering DiVIsion: · 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; and Sweep streets immediately (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 fourteen 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; and · Replant vegetation in disturbed areas as quickly as possible. EMC Planning Group Inc. 3-7 3.0 Mitigation Monitoring Program Miller Avenue Reorganization Final EIR · Place 100 linear feet of 6 to 8 inch average diameter cobble at all exist points to dislodge and trap dirt from vehicle tires; · 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 8. The following measures shall be incorporated into all project plans, subject to the review and approval of the City of Gilroy Engineering Division: · Idling time of construction equipment shall not exceed five minutes; · Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use; · All equipment shall be properly tuned and maintained in accordance with the manufacturer's specifications; · When feasible, alternative fueled or electrical construction equipment shall be used at the project site; · Use the minimum practical engine size for construction equipment; and · Gasoline-powered equipment shall be equipped with catalytic converters, where feasible. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 10. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included on all construction plans for the proposed project, subject to the review and approval of the City Planning Division: If archaeological resources are discovered during construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. 3-8 EMC Planning Group Inc. Miller Avenue ReoflJanization Final EIR 3.0 Mitigation Monitoring Program Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 11. In accordance with CEQA Guidelines section 15064.5(e), the following language shall be included in the proposed project plans: 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 a coroner 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 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 EMC Planning Group Inc. 3-9 I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached Resolution No. 2007-21 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 2nd day of April, 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 9th day of April, 2007. Q c2 ~I{ 'A -<.... ' City Clerk of the City of Gilroy (Seal)