Resolution 2011-12
RESOLUTION NO. 2011-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TM 10-04, A TENTATIVE MAP OF THE
RANCHO MEADOWS IV RESIDENTIAL SUDVISION ON
APPROXIMATELY 7.6 ACRES LOCATED SOUTH OF SPRIG
WAY, BETWEEN RODEO DRIVE AND SANTA TERESA
BOULEVARD, APN 783-20-061
WHEREAS, DeN ova Homes submitted application TM 10-04 requesting a tentative map
to subdivide an approximately 7.6 acre site into forty-one (41) residential lots ("the Project") on
APN 783-20-061, located south of Sprig Way, between Rodeo Drive and Santa Teresa
Boulevard; and
WHEREAS, the Planning Commission held a duly noticed public hearing on January 6,
2011, at which time the Planning Commission considered the public testimony, the staff report
dated January 6, 2011 ("Staff Report"), and all other documentation related to application TM
10-04, and recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on January 24, 2011,
and considered the public testimony, the Planning Commission Staff Report, a supplemental staff
report, and all other documentation related to application TM 10-04 and requested City Staff to
prepare resolutions of approval for the Project; and
WHEREAS, the City Council determined that as the required PUD amenity, prior to
Final Map approval, the developer shall enter into an agreement with the City to contribute
$50,000 for parks equipment, with the ultimate use of the funds subject to City Council approval;
and,
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City
Council after consideration of the revised mitigated negative declaration prepared for the Project
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Resolution No. 2011-12
on January 24, 2011, adopted "the Rancho Meadows IV Subdivision Negative Declaration,"
finding that it was completed in compliance with CEQA, that it reflects the independent
judgment of the City, and that there is 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.
NOW, THEREFORE, BE IT RESOLVED THAT:
SECTION I
The City Council hereby finds as follows:
I. Public utilities and infrastructure improvements needed to serve the Project are in
close proximity to the Project site.
2. The proposed Project is consistent with the City's General Plan and the land use
designation for the property on the General Plan map (Low Density Residential).
3. The proposed Project is consistent with the City's Zoning Ordinance and
Subdivision and Land Development Code, and with the State Subdivision Map Act.
4. There is no substantial evidence in the entire record that the Project as mitigated
will have any significant effects on the environment
5. There are no facts to support the findings reqUITIng denial of the proposed
tentative map under California Government Code section 66474.
SECTION II
Tentative Map TM 10-04 should be and hereby is approved, subject to the conditions of
approval set forth in Exhibit "A" attached hereto and entitled "TM 1 0-04 Rancho Meadows Final
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Resolution No. 2011-12
Conditions of Approval", and subject to the Mitigation Measures in the Mitigated Negative
Declaration and the Mitigation Monitoring Reporting Program for the project, attached hereto as
Exhibit "B."
SECTION III
This Resolution shall take effect only if, and upon the same date that Ordinance 2011-02
takes effect approving zoning application Z 10-05. If said ordinance does not take effect, then
this Resolution shall be null and void without further action by the City Council, and application
TM 10-04 shall be deemed denied.
PASSED AND ADOPTED this 7th day of March, 2011 by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, BRACCO, DILLON, LEROE-
MuNoz, TUCKER
NONE
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS: WOODWARD and PINHEIRO
APPROVED:
tl~.
,F {uc~
Cat Tucker, Mayor Pro Tempore
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Resolution No. 2011-12
TM 1 0-04
Rancho Meadows
Final Conditions of Approval
Planning Division (contact Melissa Durkin at 846-0440, Melissa.Durkin@ci.gilroy.ca.us)
1. Approval of TM 10-04 is subject to the applicant receiving approval of RDO
housing Exemption application RDO HE 10-03 and Zone Change application Z 10-
05.
2. The developer shall submit a copy of the Conditions, Covenants and Restrictions
to the Planning Division for approval prior to submittal of the Final Map.
3. Prior to Final Map approval, the developer shall enter into an agreement with the
City to contribute $50,000 for parks equipment. The Parks and Recreation
Commission shall explore the best use for this financial contribution and submit a
recommendation to the City Council. The Parks and Recreation Commission shall
give first priority to exploring the feasibility of using the financial contribution to
develop a girls softball field at Sunrise Park.
City Attorney (contact Linda Callon at 286-5800, Iinda.callon@berliner.com)
4. No building permit shall be issued in connection with this project if the owner or
developer of such development (i) is not in compliance with the City's Residential
Development Ordinance (City Zoning Ordinance Sections 50.60 et seq.) referred
to as the RDO, any conditions of approval issued in connection with such
development, or City requirements applicable to such development; or (ii) is in
default under any agreement entered into with the City in connection with such
development pursuant to the RDO. The project must also comply with any
condition of exemption granted from the RDO, including but not limited to time
limits in obtaining City approvals and completion of construction of the dwelling
units.
5. The subdivider shall defend, indemnify, and hold harmless the City, its City
Council, Planning Commission, agents, officers, and employees from any claim,
action, or proceeding against the City or its City Council, Planning Commission,
agents, officers, and employees to attack, set aside, void, or annul an approval of
the City, City Council, Planning Commission, or other board, advisory agency, or
legislative body concerning this subdivision. City will promptly notify the subdivider
of any claim, action, or proceeding against it, and will cooperate fully in the
defense. This condition is imposed pursuant to California Government Code
Section 66474.9.
Engineering Division (contact Daniel Hughes or Sandra Meditch at 846-0451,
daniel.hughes@ci.gilroy.ca.us; sandra.meditch@ci.gilroy.ca.us)
6. Provide document information for all existing easements.
7. Show existing/proposed conditions on Sprig Way, including existing overhead.
8. Site plan shall be prepared by a California-registered Civil Engineer and shall
include license number and stamped (seal) when civil work is required.
EXHIBIT A
TM 10-04
Final Conditions of Approval
2
317/11
9. Grading, erosion control and drainage plans are required and shall be subject to
the review and approval of the Engineering Division prior to Final Map and/or
Improvement plan approval.
10.AII 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. Street improvements and the design of all storm drainage, sewer and
water lines, and all street sections 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. Street section/design is to be per City Standards (note that private
streets are standards STR-3A through STR-4B).
11. 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.
12.Add following note to improvement (civil) plan title sheet above City Engineer's
signature block:
GENERAL APPROVAL NOTE
Approval of these plans does not release the developer from correction of
mistakes, errors, or omissions contained therein. If, during the course of
construction, the public interest requires a modification or a departure from the
City specification or the approved plans, the City shall have the authority to require
such modifications or departure and specify the manner in which the same is to be
made.
13. Damaged curb, gutter, sidewalk, and driveway approaches to remain along project
frontagellimits shall be replaced to meet current City Standards, as applicable, and
conform to adjacent properties.
14.Any work in the public right-of-way shall require a signing and striping plan and a
traffic control plan prepared by a licensed, professional engineer with experience
in preparing such plans. Signage and striping plans shall be overlaid on an
existing, current aerial. Where proposed improvements are an extension of an
existing street and/or "conform" to existing, adjacent improvements, signing and
striping plans shall encompass the minimum areas indicated in the City's current
policy. Traffic Control Plan shall be prepared in accordance with the requirements
of the latest edition of the California Manual on Uniform Traffic Control Devices.
15. Lot size and easements are to correspond with the tract map and shall be shown
on the improvement plans.
16. 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.
17. 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, refer to Section 21, Article V of the
Municipal Code.
EXHIBIT A
TM 10-04
Final Conditions of Approval
3
317/11
18. The developer shall negotiate right-of-way with Pacific Gas and Electric and other
utilities subject to the review and approval of the Engineering Division and the
utility companies.
19. Certification of improvements necessary to serve each phase of development is
required prior to Building final (add to general notes on Title sheet of plans).
20.As part of the first submittal for Final Map, the developer shall submit vector based
electronic files readable by AutoCAD and in PDF format. Additionally, after the
Final Map and Improvement Plans have been found to be technically correct and
in substantial conformance with the Tentative Map, the developer shall again
submit vector based electronic files readable by AutoCAD and in PDF format.
21.A SWPPP and an Erosion Control Plan is required for all development over 1 acre
and shall be filed with the City. WDID# shall be provided prior to Improvement
Plan / Final Map approval.
22. Certification of fire flow test is required prior to building permit issuance (add to
general notes on Title sheet).
23. Certification of grades and compaction necessary to serve each phase of
development is required prior to building permit final. This statement must be
added as a general note to the Grading and Drainage Plan.
24. All retaining walls shall be masonry and shall be a modular system and/or cast in
place concrete with a decorative surfacing. All site retaining walls are subject to
the review and approval of the Planning, Building, and Engineering Divisions.
Wood walls shall not be permitted.
25.lf 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.
26. A minimum of one exterior monument shall be set. Additional monuments can be
required by the City Engineer or City Surveyor as deemed necessary.
27. 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.
28. The developer shall submit an estimate of the probable cost of developer-installed
improvements with the Final map submittal. The developer shall also submit fees
and bonds and enter into an improvement agreement prior to Final Map
recordation.
29.ln 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.
30. Improvement plans are required for all improvements. 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
EXHIBIT A
TM 10-04
Final Conditions of Approval
4
317/11
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.
31.A current Title Report shall be submitted for review to the City prior to Final map
approval.
32. Prior to any construction of the dry utilities in the field, the following will need to be
supplied to the City:
a. A professional engineer-signed and PG&E-approved original electric plan.
b. A letter from the design Electrical or Civil Engineer that states the electrical
plan conforms to City Codes and Standards, and to the approved subdivision
improvement plans.
33. All lots shall drain to the street for storm drainage unless otherwise approved by
the City Engineer.
34. Submit a Hazardous Material clearance for any underground tank removal from
the appropriate agency.
35. 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.
36.AII work shown on the improvement plans shall be inspected. Uninspected work
shall be removed as deemed appropriate by the City Engineer.
37. Reimbursement is required for any frontage infrastructure including but not limited
to curb, gutter, sidewalk, storm, sewer, and water, constructed by others that
benefits this development.
38. The permanent street name sign shall be installed immediately after the curb and
gutter construction is complete.
39. The developer/contractor shall make accessible any or all City utilities as directed
by the City Engineer.
40. Applicant shall be required to obtain a City of Gilroy encroachment permit for all
work (i.e. sidewalk, curb, gutter, driveway, roadway, alley, etc.) in City right of way.
41. No utility boxes are allowed to be constructed in the sidewalk without prior written
approved by the City Engineer.
42. Quad ducts shall be constructed under the landscaped area along Santa Teresa
frontage and shall be connected to existing quad ducts. If there is an existing
quad duct on the east side, the quad duct shall be extended to cross Santa Teresa
for connection.
43. All storm drain run-off must be pre-treated prior to entrance into public storm drain
system. Pre-treatment measures must be reviewed and approved by the
Engineering Division prior to Final Map and/or Improvement Plan approval.
EXHIBIT A
TM 10-04
Final Conditions of Approval
5
317/11
44. Applicant shall be required to obtain a Santa Clara County encroachment permit
for all work (Le. sidewalk, curb, gutter, driveway, roadway, etc.) along Santa
Teresa Boulevard.
45. Prior to recordation of the final map, the developers shall enter into an agreement
with the City of Gilroy that will address the installation and perpetual maintenance
of landscaping for the area of land delineated from and including the proposed
sound wall to the proposed back of curb along Santa Teresa Boulevard for the
length of the project limits, as shown in the Rancho Meadows IV Tentative Map;
establish developer funding for the construction and maintenance of said area
during the establishment period; and establish the length of time for the plant
establishment period during which the developer will maintain the improvements
within said area. Funding for the long-term perpetual maintenance of said
area/improvements may be in the form of a Home Owners Association, a
Community Facilities District or other funding mechanism as deemed appropriate
by the City of Gilroy (any/all costs associated with the formation of any/all funding
mechanisms are to be the responsibility of the developer). This agreement shall
be subject to the review and approval of the City Engineer, the Director of
Planning and Environmental services and the Operations Manager. Said
agreement may be made a part of the Property Improvement Agreement.
Fire Department (contact Jackie Bretschneider at 846-0430,
Jacqueline.Bretschneider@ci.gilroy.ca.us)
TM Conditions shall be included on off-site improvement plans as "Fire Department
Notes. "
Fire TM Conditions:
46. Prior to street completion the Fire Marshal shall be contacted and a fire clearance
for off-site improvements be scheduled. No building permits will be issued without
a Fire -Off-Site Improvement Permit.
47. Fire Hydrants shall be installed per City Standards, including red curbing and blue
dot setting. They shall be able to flow a minimum of 1500 gpm with a 20 psi
residual pressure. 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. Fire Hydrant locations shall be approved by the Fire
Marshal on the off-site improvements. As part of the off-site improvements a Fire
- Off-Site Review fee shall be paid and a fire flow of the nearest fire hydrant will be
conducted for the residential fire sprinkler calculations. Once improvements are in
the Fire Marshall shall be contacted to conduct a flow test on the most remote
hydrant.
48.AII homes shall be provided with water laterals and meters sized to allow for a
residential NFPA 13d fire sprinkler system. Plot plans for tract homes shall specify
that the house is to be provided with fire sprinklers. Note that sprinkler system
installation is simpler if the water meter lines up with the garage.
EXHIBIT A
TM 10-04
Final Conditions of Approval
6
317/11
Storm Water Pollution Prevention Conditions:
49.ln addition to any engineering controls, construction controls or other storm water
protection related requirements, the developer shall provide stenciling at catch
basins added in the off-site improvement plans. Stencils may be obtained from
the City at the time of street striping improvements. Identify stencil locations in
off-site improvement striping plans.
EXHIBIT A
Community Development Department
Planning Division
EXHIBIT A
REVISED MITIGATED NEGATIVE DECLARATION
City of Gilroy
7351 Rosanna 5t.
Gilroy, CA 95020
(408) 846-0440
City File Number:
TM 10-04 Project # 10090021
Project Description:
Name of Project:
Rancho Meadows IV Subdivision
Nature of Project:
Vesting Tentative Map for a Vesting Tentative Map to subdivide one
parcel totaling approximately 7.6-acres (Assessor's Parcel Number
(APN): 783-20-061) into a planned unit development (PUD)
consisting of: 41 single-family residential lots on approximately 5.9
acres; approximately 0.3 acres dedicated to Santa Teresa right-of-
way; and approximately 1.4 acres dedicated as public streets..
Lot sizes would range from 5,000 square feet to 9,930 square feet.
The project proposes the extension of Cheyenne Drive and Sprig
Way to access the project site, which would be linked together by a
new roadway called Grande Drive. Off from Cheyenne Drive would
be a cul-de-sac called Cheyenne Court. A sound wall along Santa
Teresa Boulevard is also proposed by the project.
Project Location:
Location: The project site is located in the northwestern corner of the City of
Gilroy. The project site is bounded by Rodeo Drive to the west, Sprig
Way, undeveloped land zoned for Public Facilities, undeveloped land
and an existing single family residence zoned for single-family
residential use to the north, Santa Teresa Boulevard to the east, and
existing residential development along Arapaho Drive to the south.
Assessor's Parcel Number: 783-20-061
Entity or Person Undertaking Project:
Name: DeNova Homes
Address: 1500 Willow Pass Court, Concord, CA 94520
Initial Study:
An Initial Study of this project was undertaken and prepared for the purpose of
determining if this project may have a significant effect on the environment. A copy of this
study is on file at the City of Gilroy Planning Department, 7351 Rosanna Street, Gilroy, CA
95020.
Rancho Meadows IV Subdivision
Mitigated Negative Declaration
Revised january 2011
2
Findings and 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. There is no substantial evidence the project may have a
significant effect on the environment. The following reasons will support these findings:
1. The proposal is a logical component of the existing land use pattern of this area.
2. Identified adverse impacts are proposed to be mitigated through preparation of special
studies and construction of off-site improvements.
3. The proposed project is consistent with the adopted goals and policies of the General Plan
of the City of Gilroy.
4. City staff independently reviewed the Initial Study, and this Mitigated Negative Declaration
reflects the independent judgment of the City of Gilroy.
5. With the application of the following Mitigation Measures, the proposed project will not
have any significant impacts on the environment.
MITIGATION MEASURES:
Mitigation Measure 1.1
Prior to issuance of building permits, the applicant shall submit to the City of Gilroy for review and
approval a detailed landscaping plan that identifies setbacks, landscaping, and design features that
are appropriate to preserve and enhance the visual appearance of Santa Teresa Boulevard and
demonstrates compliance with City landscape and design requirements (including ordinances and
the Consolidated Landscaping Policy).
Party responsible for implementation:
Party responsible for monitoring:
Applicant
City of Gilroy, Planning Division
Mitigation Measure 1.2
Prior to issuance of building permits, the applicant shall submit to the City of Gilroy for review and
approval, detailed sound barrier plans that identify material, and design features that are consistent
Rancho Meadows IV Subdivision City of Gilroy
Mitigated Negative Declaration Revised january 2011
3
with, and "blend-in" with, the features currently developed at the gateway entrance along Santa
Teresa Boulevard. To minimize aesthetic impacts, it is recommended that the proposed barrier be
constructed of an earthen berm/wall combination, where feasible and where consistent with the
appearance of existing gateway features. The sound barrier plans must demonstrate that design
and materials used in the construction of the proposed barrier are in compliance with Policies
26.04 and 26.05 of the City of Gilroy General Plan and Section 34 of the City of Gilroy Zoning Code.
Party responsible for implementation:
Party responsible for monitoring:
Applicant
City of Gilroy, Planning Division
Mitigation Measure 3.1
Final improvement plans shall include the following measures to be implemented during grading
and construction activities for the proposed project. The measures shall be implemented to
adequately control dust and are subject to the review, approval, and modification by the City of
Gilroy Engineering and Building Division.
1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved
access roads) shall be watered two times per day during dry conditions.
2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
3. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power
vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
4. All vehicle speeds on unpaved roads shall be limited to 15 mph.
5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.
Building pads shall be laid as soon as possible after grading unless seeding or soil binders are
used.
6. Idling times shall be minimized either by shutting equipment off when not in use or reducing
the maximum idling time to 5 minutes (as required by the California airborne toxics control
measure Title 13, Section 2485 of California Code of Regulations [CCRD. Clear signage shall be
provided for construction workers at all access points.
Rancho Meadows IV Subdivision
Mitigated Negative Declaration
City of Gilroy
Revised january 20 11
4
7. All construction equipment shall be maintained and properly tuned in accordance with
manufacturer's specifications. All equipment shall be checked by a certified mechanic and
determined to be running in proper condition prior to operation.
8. Post a publicly visible sign with the telephone number and person to contact at the Lead
Agency regarding dust complaints. This person shall respond and take corrective action within
48 hours. The phone number of the BAAQMD shall also be visible to ensure compliance with
applicable regulations.
Party responsible for implementation:
Party responsible for monitoring:
Applicant
City of Gilroy, Building and Engineering Divisons
Mitigation Measure 4.1 a
The applicant shall retain a qualified biologist to perform focused surveys to determine the
presence/absence of special-status plant species, specifically the Santa Cruz tarplant (Holocarpha
macradenia) and the Congdon's tarplant (Centromadia parryi ssp. congdonil) which have the
potential to occur within and potentially adjacent to (within 25 feet, where appropriate) the
proposed project site. These surveys shall be conducted in accordance with CDFG-approved
guidelines for conducting field surveys. Specifically, the guidelines are outlined in Protocols for
Surveying and Evaluating Impacts to Special Status Native Plant Population and Native
Communities. (CDFG 2009). These guidelines require rare plant surveys to be conducted at the
proper time of year when rare or endangered species are both "evident" and identifiable. Field
surveys shall be scheduled to coincide with known flowering periods and/or during periods of
phonological development that are necessary to identify the plant species of concern.
Party responsible for implementation:
Party responsible for monitoring:
Applicant / Qualified Biologist
City of Gilroy, Planning Division
Mitigation Measure 4.1 b
If any state or federally listed, CNPS List 1, or CNPS List 2 plant species are found within or adjacent
to (within 25 feet) the proposed project site during the surveys, these plant species shall be avoided
to the extent possible. Avoidance measures shall include fencing of the population(s) before
construction, exclusion of project activities from the fenced-off areas, and construction monitoring
Rancho Meadows IV Subdivision
Mitigated Negative Declaration
City of Gilroy
Revised january 20 11
5
by a qualified biologist. Avoidance areas shall be identified on project plans. If these plants cannot
be avoided, the following measures shall be applied:
. Before the approval of grading plans or any ground-breaking activity within the project study
area, the applicant shall submit a mitigation plan concurrently to CDFG and USFWS (if
appropriate) for review and comment, and the applicant may consult with these entities before
approval of the plan. The plan shall include mitigation measures for the population(s) to be
directly affected. Possible mitigation for the population(s) that would be removed during
construction of the project includes implementation of a program to transplant, salvage,
cultivate, or re-establish the species at suitable sites (if feasible). The mitigation ratio for directly
impacted plant species shall be at a minimum ratio of 2:1. The actual level of mitigation may
vary depending on the sensitivity of the species (its rarity or endangerment status), its
prevalence in the area, and the current state of knowledge about overall population trends and
threats to its survival. Alternatively, replacement credits may be purchased by the applicant at
an approved mitigation bank should such credits be available.
. Any special-status plant species that are identified adjacent to the project study area, but not
proposed to be disturbed by the project, shall be protected by barrier fencing to ensure that
construction activities and material stockpiles do not impact any special-status plant species.
These avoidance areas shall be identified on project plans.
. In some cases involving state-listed plants where it may be necessary to obtain an incidental
take permit under Section 2081 of the Fish and Game Code, the applicant shall consult with
CDFG to determine the applicability of an incidental take permit. The applicant may be
required to prepare an application for this permit. It should be noted that the application for
this permit requires a project description, a detailed analysis of impacts to species, and an
analysis of the probability of the species' long-term survival as related to the impacts.
Party responsible for implementation:
Party responsible for monitoring:
Applicant / Qualified Biologist
City of Gilroy, Planning Division
Mitigation Measures 4.2
The project applicant shall retain a qualified biologist approved by the City of Gilroy to conduct
preconstruction surveys for San Joaquin kit fox pursuant to the Draft Santa Clara Valley Habitat Plan
(December 2010) and written results of preconstruction surveys shall be submitted to USFWS and
Rancho Meadows /V Subdivision
Mitigated Negative Declaration
City of Gilroy
Revisedjanuary 2011
6
CDFG within two calendar days after survey completion and before the start of ground disturbance.
If no species or suitable dens are identified within the survey area, no additional action is necessary.
If San Joaquin kit foxes and/or suitable dens are identified in the survey area, avoidance and
minimization measures and construction monitoring shall be implemented pursuant to Condition
20 of the Draft Santa Clara Valley Habitat Plan.
Party responsible for implementation:
Party responsible for monitoring:
Applicant / Qualified Biologist
City of Gilroy, Planning Division
Mitigation Measure 4.3
The project applicant shall retain a qualified biologist approved by the City of Gilroy to conduct a
focused survey for active nests of raptors and migratory birds within and in the vicinity of the
construction area, unless proposed construction activities are planned to occur outside of the
nesting seasons for local avian species (typically March through August). The focused survey shall
occur no more than 30 days prior to the onset of major construction activities. If active nests are
located during pre-construction surveys, USFWS and/or California Department of Fish and Game
shall be notified regarding the status of the nests. Furthermore, construction activities shall be
restricted as necessary to avoid disturbance of the nest until it is abandoned or the biologist deems
disturbance potential to be minimal. Restrictions may include establishment of buffer zones or
alteration of the construction schedule.
Party responsible for implementation:
Party responsible for monitoring:
Applicant / Qualified Biologist
City of Gilroy, Planning Division
Mitigation Measure 5.1
Due to the possibility that significant buried cultural resources might be found during construction,
the following language shall be included on any permits issued for the project site, including, but
not limited to building permits for future development, subject to the review and approval of the
Gilroy Planning Division:
"If archeological resources or human remains are discovered during construction, work
shall be halted within 50 meters (165 feet) of the find until a qualified professional
archeologist can evaluate it If the find is determined to be significant appropriate
mitigation measures shall be formulated and implemented (General Plan Policy 5.07)."
Rancho Meadows IV Subdivision
Mitigated Negative Declaration
City of Gilroy
Revised january 2011
7
Party responsible for implementation:
Party responsible for monitoring:
Applicant
City of Gilroy, Planning Division
Mitigation Measure 5.2
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 language be included in all permits in
accordance with CEQA Guidelines Section 15065.5(e), subject to the review and approval of the
Gilroy Planning Department:
"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 descendant (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 ot with appropriate dignil,Y- the human remains and associated
grave goods as provided for 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 it 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:
Party responsible for monitoring:
Applicant
City of Gilroy, Planning Division
Mitigation Measure 7.1
Rancho Meadows IV Subdivision
Mitigated Negative Declaration
City of Gilroy
Revised january 20 11
8
The project applicant shall specify in final improvement plans the implementation of the following
measures during construction activities for the proposed project. The measures shall be
implemented as feasible subject to the review and approval by the City of Gilroy Engineering and
Building Division.
1. Alternative-fueled (e.g., biodiesel, electric) construction vehicles/equipment of at least 15
percent of the fleet,
2. Local building materials (within 100 miles) of at least 10 percent, and
3. Recycle at least 50 percent of construction waste or demolition materials.
Party responsible for implementation:
Party responsible for monitoring:
Applicant
City of Gilroy, Building and Engineering Divisons
Mitigation Measure 12.1
Prior to final plan approval, the City shall require that the applicant incorporate the following
recommendations into the proposed noise barrier design:
. The sound barrier proposed along the eastern property line (along Lots #23 through #30) shall
be constructed to a minimum of height of 1 a-feet above the proposed pad elevations. The
sound barrier shall be constructed of masonry block, or material of similar density and usage,
with no visible air gaps along the barrier alignment or at the base of the barrier. To minimize
aesthetic impacts, the sound barrier shall be constructed of an earthen berm/wall combination
as required by mitigation measure MM 1.2.
. In addition, another sound barrier shall be constructed along the northern property line of Lot
#23 as shown in Figure 12.1. This sound barrier shall be constructed at sufficient length to
shield outdoor activity areas and residential structure on Lot #23 from line-of-sight to Santa
Teresa Boulevard. The sound barrier shall be a minimum height of 6-feet above pad elevation
and constructed of masonry block, or material of similar density and usage, with no visible air
gaps along the barrier alignment or at the base of the barrier. For aesthetic purposes, this wall
shall be constructed to gradually increase the height in one foot increments to meet the
adjoining 1 a-foot high sound barrier wall along Santa Teresa Boulevard.
Party responsible for implementation:
Applicant
Rancho Meadows IV Subdivision
Mitigated Negative Declaration
City of Gilroy
Revised january 20 11
9
Party responsible for monitoring:
City of Gilroy, Planning Division
Mitigation Measure 12.2
During all phases of construction, the project applicant shall adhere to the following requirements
for construction activities with respect to hours of operation and idling and muffling of internal
combustion engines:
. Noise-generating construction activities shall be limited to the hours between 7:00 AM to 7:00
PM. Monday through Friday, between 9:00 AM to 7:00 PM on Saturdays, with construction
prohibited on Sundays and City holidays.
. Construction equipment shall be properly maintained and equipped with noise-reduction
intake and exhaust mufflers and engine shrouds, in accordance with manufacturers'
recommendations. Equipment engine shrouds shall be closed during equipment operation.
. Construction vehicles and equipment shall not be left idling for longer than five minutes when
not in use.
Party responsible for implementation:
Party responsible for monitoring:
Applicant
City of Gilroy, Planning Division
Date Prepared: December 6, 2010
End of Review Period: January 10, 2011
David Bischoff, Planning Division Manager
Rancho Meadows IV Subdivision
Mitigated Negative Declaration
City of Gilroy
Revisedjanuary 2011
10
Rancho Meadows IV Project
Mitigation Monitoring and Reporting Program (MMRP)
Introduction
CEQA Guidelines Section 15097 requires public agencies to adopt reporting or monitoring
programs whenever they approve projects subject to an environmental impact report or
mitigated 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.
This 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 effectiveness of the mitigation measures.
A definitive set of project conditions would include enough detailed information and
enforcement procedures to ensure the measures compliance. This monitoring program is
designed to provide a mechanism to ensure that mitigation measures and subsequent
conditions of project approval are implemented.
Monitoring and Reporting Program
The basis for this monitoring and reporting 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
mitigated negative declaration.
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:
1. The City of 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 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
Rancho Meadows IV Subdivision
MMRP
City of Gilroy
January 2011
1
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 City of 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 determined that non-compliance has occurred,
a written notice should be delivered by certified mail to the project proponent
within ten 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.
Rancho Meadows IV Subdivision
MMRP
City of Gilroy
January 2011
2
Rancho Meadows IV Project
Mitigation Monitoring and Reporting Checklist
The following mitigation measures shall be implemented prior to issuance of a grading
permit:
1) Final improvement plans shall include the following measures to be implemented
during grading and construction activities for the proposed project. The measures shall
be implemented to adequately control dust and are subject to the review, approval, and
modification by the City of Gilroy Engineering and Building Division.
a) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day during dry conditions.
b) All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
c) All visible mud or dirt track-out onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day. The use of dry power
sweeping is prohibited.
d) All vehicle speeds on unpaved roads shall be limited to 15 mph.
e) All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless seeding
or soil binders are used.
f) Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations [CCR]). Clear signage shall be provided for construction workers at all
access points.
g) All construction equipment shall be maintained and properly tuned in accordance
with manufacturer's specifications. All equipment shall be checked by a certified
mechanic and determined to be running in proper condition prior to operation.
h) Post a publicly visible sign with the telephone number and person to contact at the
Lead Agency regarding dust complaints. This person shall respond and take
corrective action within 48 hours. The phone number of the BAAQMD shall also be
visible to ensure compliance with applicable regulations.
Party responsible for implementation:
Party responsible for monitoring:
Applicant
City of Gilroy, Building and Engineering
Divisions
2) The applicant shall retain a qualified biologist to perform focused surveys to determine
the presence/absence of special-status plant species, specifically the Santa Cruz tarplant
(Holocarpha macradenia) and the Congdon's tarplant (Centromad;a parry; ssp.
congdonii) which have the potential to occur within and potentially adjacent to (within
25 feet, where appropriate) the proposed project site. These surveys shall be conducted
in accordance with CDFG-approved guidelines for conducting field surveys.
Rancho Meadows IV Subdivision City of Gilroy
MMRP January 2011
3
Specifically, the guidelines are outlined in Protocols for Surveying and Evaluating
Impacts to Special Status Native Plant Population and Native Communities. (CDFG
2009). These guidelines require rare plant surveys to be conducted at the proper time of
year when rare or endangered species are both "evident" and identifiable. Field surveys
shall be scheduled to coincide with known flowering periods and/or during periods of
phonological development that are necessary to identify the plant species of concern.
Party responsible for implementation: Applicant / Qualified Biologist
Party responsible for monitoring: City of Gilroy, Planning Division
3) If any state or federally listed, CNPS List 1, or CNPS List 2 plant species are found
within or adjacent to (within 25 feet) the proposed project site during the surveys, these
plant species shall be avoided to the extent possible. Avoidance measures shall include
fencing of the population(s) before construction, exclusion of project activities from the
fenced-off areas, and construction monitoring by a qualified biologist. Avoidance areas
shall be identified on project plans. If these plants cannot be avoided, the following
measures shall be applied:
. Before the approval of grading plans or any ground-breaking activity within the
project study area, the applicant shall submit a mitigation plan concurrently to
CDFG and USFWS (if appropriate) for review and comment, and the applicant may
consult with these entities before approval of the plan. The plan shall include
mitigation measures for the population(s) to be directly affected. Possible mitigation
for the population(s) that would be removed during construction of the project
includes implementation of a program to transplant, salvage, cultivate, or re-
establish the species at suitable sites (if feasible). The mitigation ratio for directly
impacted plant species shall be at a minimum ratio of 2:1. The actual level of
mitigation may vary depending on the sensitivity of the species (its rarity or
endangerment status), its prevalence in the area, and the current state of knowledge
about overall population trends and threats to its survival. Alternatively,
replacement credits may be purchased by the applicant at an approved mitigation
bank should such credits be available.
. Any special-status plant species that are identified adjacent to the project study area,
but not proposed to be disturbed by the project, shall be protected by barrier
fencing to ensure that construction activities and material stockpiles do not impact
any special-status plant species. These avoidance areas shall be identified on project
plans.
. In some cases involving state-listed plants where it may be necessary to obtain an
incidental take permit under Section 2081 of the Fish and Game Code, the
applicant shall consult with CDFG to determine the applicability of an incidental
take permit. The applicant may be required to prepare an application for this permit.
It should be noted that the application for this permit requires a project description,
a detailed analysis of impacts to species, and an analysis of the probability of the
species' long-term survival as related to the impacts.
Party responsible for implementation:
Party responsible for monitoring:
Rancho Meadows IV Subdivision
MMRP
Applicant / Qualified Biologist
City of Gilroy, Planning Division
City of Gilroy
January 2011
4
4) The project applicant shall retain a qualified biologist approved by the City of Gilroy to
conduct preconstruction surveys for San Joaquin kit fox pursuant to the Draft Santa
Clara Valley Habitat Plan (December 2010) and written results of preconstruction
surveys shall be submitted to USFWS and CDFG within two calendar days after survey
completion and before the start of ground disturbance. If no species or suitable dens
are identified within the survey area, no additional action necessary. If San Joaquin kit
foxes and/or suitable dens are identified in the survey area, avoidance and minimization
measures and construction monitoring shall be implemented pursuant to Condition 20
of the Draft Santa Clara Valley Habitat Plan.
Party responsible for implementation: Applicant I Qualified Biologist
Party responsible for monitoring: City of Gilroy, Planning Division
5) The project applicant shall retain a qualified biologist approved by the City of Gilroy to
conduct a focused survey for active nests of raptors and migratory birds within and in
the vicinity of the construction area, unless proposed construction activities are planned
to occur outside of the nesting seasons for local avian species (typically March through
August). The focused survey shall occur no more than 30 days prior to the onset of
major construction activities. If active nests are located during pre-construction surveys,
USFWS andlor California Department of Fish and Game shall be notified regarding the
status of the nests. Furthermore, construction activities shall be restricted as necessary
to avoid disturbance of the nest until it is abandoned or the biologist deems disturbance
potential to be minimal. Restrictions may include establishment of buffer zones or
alteration of the construction schedule.
Party responsible for implementation:
Party responsible for monitoring:
Applicant / Qualified Biologist
City of Gilroy, Planning Division
6) Due to the possibility that significant buried cultural resources might be found during
construction, the following language shall be included on any permits issued for the
project site, including, but not limited to building permits for future development,
subject to the review and approval of the Gilroy Planning Division:
"If archeological resources or human remains are discovered during construction,
work shall be halted within 50 meters (165 feet) of the find until a qualified
professional archeologist can evaluate it. If the find is determined to be significant,
appropriate mitigation measures shall be formulated and implemented (General
Plan Policy 5.07)."
Party responsible for implementation:
Party responsible for monitoring:
Applicant
City of Gilroy, Planning Division
7) 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 language be
included in all permits in accordance with CEQA Guidelines Section 15065.5(e),
subject to the review and approval of the Gilroy Planning Department:
Rancho Meadows IV Subdivision
MMRP
City of Gilroy
January 2011
5
. Construction vehicles and equipment shall not be left idling for longer than five
minutes when not in use.
Party responsible for implementation:
Party responsible for monitoring:
Appl icant
City of Gilroy, Planning Division
The following mitigation measures shall be implemented prior to issuance of a building
permit.
10) Prior to issuance of building permits, the applicant shall submit to the City of Gilroy for
review and approval a detailed landscaping plan that identifies setbacks, landscaping,
and design features that are appropriate to preserve and enhance the visual appearance
of Santa Teresa Boulevard and demonstrates compliance with City landscape and
design requirements (including ordinances and the Consolidated Landscaping Policy).
Party responsible for implementation: Applicant
Party responsible for monitoring: City of Gilroy, Planning Division
11) Prior to issuance of building permits, the applicant shall submit to the City of Gilroy for
review and approval, detailed sound barrier plans that identify material, and design
features that are consistent with, and "blend-in" with, the features currently developed
at the gateway entrance along Santa Teresa Boulevard. To minimize aesthetic impacts,
it is recommended that the proposed barrier be constructed of an earthen berm/wall
combination, where feasible and where consistent with the appearance of existing
gateway features. The sound barrier plans must demonstrate that design and materials
used in the construction of the proposed barrier are in compliance with Policies 26.04
and 26.05 of the City of Gilroy General Plan and Section 34 of the City of Gilroy
Zoning Code.
Party responsible for implementation:
Party responsible for monitoring:
Applicant
City of Gilroy, Planning Division
12) Prior to final plan approval, the City shall require that the applicant incorporate the
following recommendations into the proposed noise barrier design:
. The sound barrier proposed along the eastern property line (along Lots #23 through
#30) shall be constructed to a minimum of height of 1 O-feet above the proposed pad
elevations. The sound barrier shall be constructed of masonry block, or material of
similar density and usage, with no visible air gaps along the barrier alignment or at
the base of the barrier. To minimize aesthetic impacts, the sound barrier shall be
constructed of an earthen berm/wall combination as required by mitigation measure
MM 1.2.
. In addition, another sound barrier shall be constructed along the northern property
line of Lot #23 as shown in Figure 12.1. This sound barrier shall be constructed at
sufficient length to shield outdoor activity areas and residential structure on Lot #23
from line-of-sight to Santa Teresa Boulevard. The sound barrier shall be a minimum
height of 6-feet above pad elevation and constructed of masonry block, or material
Rancho MeadowslVSubdiwsion
MMRP
City of Gilroy
January 2011
7
"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 descendant (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 for 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:
Party responsible for monitoring:
Applicant
City of Gilroy, Planning Division
8) The project applicant shall specify in final improvement plans the implementation of the
following measures during construction activities for the proposed project. The
measures shall be implemented as feasible subject to the review and approval by the
City of Gilroy Engineering and Building Division.
a. Alternative-fueled (e.g., biodiesel, electric) construction vehicles/equipment of at
least 1 5 percent of the fleet,
b. Local building materials (within 100 miles) of at least 10 percent, and
c. Recycle at least 50 percent of construction waste or demolition materials.
Party responsible for implementation:
Party responsible for monitoring:
Appl icant
City of Gilroy, Building and Engineering
Divisions
9) During all phases of construction, the project applicant shall adhere to the following
requirements for construction activities with respect to hours of operation and idling
and muffling of internal combustion engines:
. Noise-generating construction activities shall be limited to the hours between 7:00
AM to 7:00 PM., between 9:00 AM and 7:00 PM on Saturdays, with construction
prohibited on Sundays and City holidays.
. Construction equipment shall be properly maintained and equipped with noise-
reduction intake and exhaust mufflers and engine shrouds, in accordance with
manufacturers' recommendations. Equipment engine shrouds shall be closed during
equipment operation.
Rancho Meadows IV Subdivision
MMRP
City of Gilroy
January 2011
6
of similar density and usage, with no visible air gaps along the barrier alignment or
at the base of the barrier. For aesthetic purposes, this wall shall be constructed to
gradually increase the height in one foot increments to meet the adjoining 10-foot
high sound barrier wall along Santa Teresa Boulevard.
Party responsible for implementation: Applicant
Party responsible for monitoring: City of Gilroy, Planning Division
City of Gilroy
January 2011
Rancho Meadows IV Subdivision
MMRP
8
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2011-12 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 7th day of March, 2011, 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 March, 2011.
(Seal)