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Ordinance 2001-04ORDIBIANCE NO. 2001-4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING Z 99-03, AN APPLICATION FOR A CHANGE IN ZONING DESIGNATION FROM A1 (AGRICULTURAL) AND R-1 (SINGLE FAMILY RESIDENTIAL) TO RI-PUD (SINGLE FAMILY RESIDENTIAL-PLANNED UNIT DEVELOPMENT) AND OS (OPEN SPACE) TO ALLOW FOR SUBDIVISION OF APPROXIMATELY 16.05 ACRES INTO TWELVE (12) RESIDENTIAL LOTS AND ONE (1) REMAINDER LOT DESIGNATED AS OPEN SPACE, APN 810-28- 022 WHEREAS, Karen Christopher, the applicant, submitted application Z 99-03 to change the zoning designation on property identified as APN 810-28-022 from Al(Agricultural) to R1- PUD (Single Family Residential-Planned Unit Development) and OS (Open Space), consisting of approximately 16.05 acres; and located at 1000 Mesa Road; and WHEREAS, the project to be approved includes a twelve (12) lot single family residential subdivision and a one (1) lot remainder, which will rema'm an open space dedication of approximately seven (7) acres to the City for a permanently preserved habitat for California Tiger Salamander; and WHEREAS, the project consists of the development of twelve (12) or fewer residential units over a three-year period and thus is exempt from the Residential Development Ordinance pursuant to Zoning Ordinance section 5-0.62(b)(1); and WHEREAS, the Planning Commission reviewed application Z 99-03 at a duly noticed public hearing on March 1, 2001, and recommended adoption of a Negative Declaration for the project and recommended certain additional conditions and that the City Council approve said application as modified; and ~NVH/511483A -1- ORDINANCE NO. 2001-4 01-032604706002 WHEREAS, in accordance with California Environmental Quality Act ("CEQA"), a revised Negative Declaration was adopted by the City Council on March 19, 2001, setting forth mitigation measures and a mitigation/monitoring program; and WHEREAS, the City Council held a duly noticed public hearing on March 19, 2001, at which time the City Council considered the public testimony, the Staff Report dated February 22, 2001, and all other documentation related to application Z 99-03 and made certain modifications to the application; 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, THE CITY COUNCIL FINDS THAT: A. The project is consistent with the Residential Development Ordinance. B. The zone change is consistent with the land use designation of the General Plan Map and the policies of the General Plan. C. This project will not be detrimental to the public welfare or injurious to persons or property in the vicinity. D. There is no substantial evidence in the record that this project as mitigated will have a significant effect on the environment. Application Z 00-07 should be mad hereby is approved, subject to: A. The twelve (12) mitigation measures set forth in the REVISED Negative Declaration dated March 30, 2001 and the Mitigation/Monitoring Program adopted herewith, all as set forth in Exhibit A and incorporated herein by this reference. \NYHk5114~.l -2- ORDINANCE NO. 2001-4 01-032604706002 B. The addition of the following condition: The seven (7) acre remainder parcel shall remain Open Space into perpetuity for the preservation of the species of the California Tiger Salamander. PASSED AND ADOPTED this 16th day of April, 2001, by the following vote: AYES: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: NOES: ABSENT: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, SUDOL, VELASCO, SPRINGER NONE NONE APPROVED: ~'--~6"r'r'r-'d ~r---- Thomas W. Springer, Rhor/da Pelhn, C~ty Clerk · 1VH~511483.1 -3- ORDINANCE NO. 2001-4 014132604706002 --' EXHIBIT A Community Development Department Planning Division NEGATIVE DECLARATION City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 (408) 846-0440 City File Number: Z 99-03, TM 99-07 Project Description: Name of Project: Nature of Project: Christopher Subdivision Zone Change, Tentative Map, and residential development of a 12- lot subdivision. Project Location: Location: Assessor's Parcel Number: 1000 Mesa Road 810-28-022 Entity. or Person(s) Undertaking Project: Name: Karen Christopher Address: 499 South Cedar Brook Drive, Boulder, CO 80304 Initial Study: An Initial study of this project was undertaken and prepared for the purpose of ascertaining whether this project might have a significant effect on the env'umnment. A copy of this study is on file at the City of Gilroy Planning Departtnent, 7351 Rosarma Street, Gikoy, CA 95020. EXHibIT A Christopher Subdivision 2 Revised 3/30/2001 REVISED Negative Declaration Findings & 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 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 Negative Declaration reflects the independent judgement of the City of Gikoy. Mitigation Measures: 1. The following dust control measures shall be incorporated into all permits for any phase of proposed construction on the project site. The measures shall be implemented as necessary to adequately control dust subject to the review and approval of the City of Gilroy Planning Division. The following measures shall be implemented at all construction sites: · Water all active construction areas at least twice daily; · Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; · Pave, apply water three times, daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; · Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; · Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. EXHIBIT A Christopher Subdivision 3 Revised 3/30/2001 REVISED Negative Declaration The following additional measures shall be implemented at construction sites greater than four acres in area: Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.); · Limit traffic speeds on unpaved roads to 15 mph; · Install sandbags or other erosion control measures to prevent silt runoff to public roadways; · Replant vegetation in disturbed areas as quickly as possible. Subject to determination by the Gilroy Engineering Division the following measures shall be implemented at this site as deemed necessary: · Install wheel washers for all existing trucks, or wash off the tires or tracks of all tracks and equipment leaving the site; · Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) of construction areas; · Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; · Limit the area subject to excavation, grading and other construction activity at any one time. 2. Subject to .the review of the California Department of Fish and Game and the review and approval of the Gilroy Planning Division, the project applicant shall develop and implement a California tiger salamander salvage program, to prevent death or injury to individual salamanders during grading or construction operations. The salvage program will include measures to remove individual salamanders from the project site prior to and during project grading and construction, and to relocate them to nearby protected habitat or other suitable locations specified in the program. Appropriate measures will also be undertaken to prevent entry into the project site by California tiger salamanders during grading or construction. To minimize interference with the migration of California tiger salamanders across the project site, subject to the review and approval of the Gikoy Planning Division, project plans shall incorporate the following elements: · rolled curbs along internal access roads; and, · barriers to direct migrating salamanders around developed areas. EXHIBIT A Christopher Subdivision REVISED Negative Declaration Revised 3/30/2001 The project applicant shall dedicate as permanent California Tiger Salamander habitat a seven (7) acre preserve on the project site in conformance with the requirements of the California Depmi~ent of Fish & Game ("Department") prior to approval of any Final Map. Should the Department not approve the proposed on-site habitat, then an off-site habitat shall be preserved. The applicant shall prepare a maintenance plan for the salamander habitat preserve to be approved by the Department. The determination of whether to require on-site or off-site mitigation shall be in the sole discretion of the Department, and the project Applicant must enter into a habitat agreement with the Department prior to approval of any Final Map. Habitat shall be preserved on .the project site or in the general vicinity of the project site (i.e. southern Santa Clara County or northern San Benito County), although land outside of the general vicinity would be suitable with the approval of the California Department offish and Game. The land preserved must be preserved in perpetuity, either in fee or through the dedication of a conservation easement. In the event that the project applicant enters into a mitigation agreement with the Department offish and Game, the project applicant shall provide funding, subject to the approval of the Department of Fish and Game, for the acquisition of an appropriate site. The project applicant shall provide a letter-of-credit to the Department ofFish and Game. This mitigation measure shall be subject to the review and approval of the Gilroy Planning Division and the California Department of Fish and Game. The protocol determined by the Depa~tment shall be followed in determining any impacts to the burrowing owls. Subject to the review of the City of Gilroy Planning Division, no earlier than 45 days and no later than 20 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. These surveys shall be required only if any construction would occur during the nesting and/or breeding season of burrowing owls (February 1 through August 31) and/or during the winter residency period (December 1 through January 31). If active nests are found in the survey area, a burrowing owl habitat mitigation plan shall be submitted to the California Department of Fish and Game for review and approval. The burrow'mg owl habitat mitigation plan shall contain mitigation measures contained in the California Department of Fish and Game Staff Report on Burrowing Owl Mitigation (California Department ofFish and Game 1995). Compliance with this mitigation measure may include, but not be limited to, the following: Avoidance of occupied burrows during the nesting season (February 1 through August 31); Acquisition, protection and funding for long-term management and monitoring of foraging habitat adjacent to occupied habitat; Enhancement of existing burrows and/or creation of new burrows; EXHIBIT A Christopher Subdivision REVISED Negative Declaration · Passive relocation of burrowing owls. 5 Revised 3/30/2001 Subject to the review and approval of the City of Gilroy Engineering Division, prior to commencement of construction activities, siltation fencing, hay bales or other erosion con~'ol measures shall be implemented to prevent sediment or other water-borne contaminants fi.om construction activities and/or stag'mg areas fi.om washing within 50 feet of the drainage swale that parallels Mesa Road. Due to the possibility that significant buried cultural resources might be found during construction the following language shall be included 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 archaeological resources or human remains are discovered dur'mg construction, work shall be halted at a minimum of 200 feet fi.om the find and the area shall be staked off. The project developer shall notify a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. o 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 this language is included in all permits in accordance with CEQA Guidelines section 15064.5(e), subject to the review and approval of the Gitroy Planning Division: If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby urea reasonably suspected to overlie adjacent human remains until the coroner of Santa Clura County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent from the deceased Native American. The most likely descendent 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 most likely descendent or the most likely descendent failed to make a recommendation within 24 hours afier 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. EXHI II A Christopher Subdivision 6 Revised 3/30/2001 REVISED Negative Declaration 9. Prior to approval of the vesting tentative map, a minimum 30-foot wide irrigated buffer, landscaped with fire-resistive plants, shall be included in project plans along the southwest border of Lot 5. This shall be subject to the review and approval of the Fire Marshal. 10. The following language shall be included on any permits issued at the project site, subject to enfomement by of the City of Gilroy BLES Division. "All construction activities shall be limited to weekdays between 7:00 AM and 7:00 PM, and to Saturdays and City holidays between 9:00 AM and 7:00 PM. No consmaction is allowed on Sundays." 11. The applicant shall provide sufficient funding as determined by the California Department of Fish and Game for improvement and maintenance of the permanent California Tiger Salamander preserve on site, if the Department determines that on-site mitigation is appropriate. Alternatively, the project applicant, after development of the preserve, may require maintenance of the preserve by the homeowner's association. A copy of the Conditions, Covenants & Restrictions for the homeowner's association shall be submitted at least sixty (60) days prior to the filing of the Final Map for review and approval by the City of Gilroy. 12. The project site contains habitat suitable for the California Red-Legged Frog, a protected species. The project applicant shall mitigate the loss of habitat by providing a drainage swale to provide a travel corridor for the frogs that connects adjacent habitat areas. That corridor along the southern border of Lot 5 shall be dedicated by a permanent easement to the homeowner's association for maintenance. The applicant shall provide sufficient funding as determined by the U.S. Fish and Wildlife Service for improvement and maintenance of the drainage swale for the California Red-Legged Frog. Alternatively, the project Applicant, after development and approval of the swale, may require maintenance of the swale by the homeowner's association. A copy of the Conditions, Covenants & Restrictions for the homeowner's association shall be submitted at least sixty (60) days prior to the filing of the Final Map for review and approval by the City of Gilroy. This mitigation measure is subject to the review and approval of the U.S. Fish & Wildlife Service and the City of Gilroy Planning Division. Date Prepared: January 12, 2001 End of Review Period: Date Adopted by City Council: William Faus Planning Division Manager EXI-iiI I]' A ~hristopher Subdivision and Re-zone. Mitigation Monitoring Program Introduction On January 1, 1989, the California State Legislature passed into law Assembly Bill 3180. This bill 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 envJ. ronmental The law was passed in response to historic non-implementation of mitigation measures presented in environmental documents and subsequently adopted as conditions of project approval. In addition, monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures. A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure th6 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 this initial study. These mitigation measures are designed to eliminate or reduce significant adverse environmental effects to less-than-significant levels. These mitigation measures become conditions of project approval, winch the project proponent is required to complete during and after implementation of the proposed project. The attached checldist is proposed for monitoring the implementation of the mitigation measures. This monitoring checklist contains all appropriate mitigation measures in this initial study. Monitoring Program Procedures It is required that the City of Gilroy use the attached monitoring checklist for the proposed project. The monitoring program should be implemented as follows: The Gilroy Planning Director should be responsible for coordination of the monitoring program, including the monitoring checklist. The Planning Director 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. 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 Planning Director 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 Planning Director. The Planning Director 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 tentative map approval prior to issuance of a building permit, etc. Compliance with mitigation measures is required for project approvals. Christopher Subdivision and Re-zone Mitigation Monitoring Program EXHIi iT A If a responsible individual or agency determines that a non-complianc~ has occurred, a written notice should be delivered by certified mail to the project proponent within 10 days, with a copy to the Planning Director, describing the non-compliance and requiring compliance within a specified period of time. If a 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 GL[roy. Mitigation Monitoring Checklist A Prior to approval of the tentative map, the following mitigation measures shall be implemented: 2. Sub~t to ~e review of ~e ~o~a AppH~t P~g Deponent of F~h ~d G~e ~d ~e review Div~ion ~d approval of ~e G~oy PlUg Div~ion, · e proj~ apphc~t shah develop ~d ~plement a Ca~o~a ~ger s~der saNage pro~, to prev~t dea~ or ~ju~ to ~dividual sa~m~ders dur~g ~ad~g or com~uc~on o~rafiom. ~e saNage pro,am wffi ~clude me~ur~ to remove ~dividu~ salam~ders ~om ~e proj~t site prior to ~d dur~g proj~t ~a~g ~d com~cfion, ~d to relocate ~em ~ nearby prot~ted habi~t or o~er s~ble l~afiom s~ffied ~ ~e pro~. Appropria~ me,utes wffi a~o ~ under~en to prevent ~ ~to ~e project site by Ca~o~a tiger salam~ders d~g ~ad~g or com~on. 9. Prior to approval of ~e ves~g ~five Apphc~t Plug map, a m~um 3~foot wide ~igated ~v~ion b~er l~dsca~d wi~ ~r~five pl~ s~ ~ ~cluded ~ proj~t pl~ along ~e sou~west ~rder of ~e proj~t si~. Chhstopher Subdivision and Re-zone Mitigation Monitoring Program EXHIBIT A 3 Mitigation Monitoring Checklist B Prior to approval of the final map and improvement plans, the following mitigation measures shall be implemented: 3. To m~ ~rference wi~ ~e ~a~on of App~t Plug Ca~o~a ~ger salam~d~s a~s ~e pr~t Di~ion si~, subject to ~e review ~d approv~ of ~e G~oy Plug DN~ion, proj~t pl~ s~ ~corpora~ ~e follow~g element: roUed cur~ along ~mal acc~s roads; ~d, * ba~iers to d~ect ~a~g ~lamanders aro~d developed areas. 4. ~e project applic~t sh~ dedica~ ~ AppU~t Pla~g ~rm~ent C~ornia Tiger Sa~mander habi~t Div~ion a seven (~ a~e pr~e~e on &e proj~ si~ ~ co,ore,ce ~ ~e r~u~em~ of ~e C~o~ Depar~ent of F~h & Game ('Depar~ent') prior ~ approv~ of ~y F~ ~p. Should ~e Depar~ent not approve ~e proposed on-site habile ~en ~ off-site habi~t shag ~ preened. The appUc~t shaU prepare a ~ ma~te~ce plan for ~e s~der habi~t 'prese~e to ~ approved by ~e Depar~ent. ~e determ~a~on of whe~er ~ requ~e on-si~ or o~site mitigation sha~ ~ ~ ~e sole d~crefion of ~e Depar~enE ~d ~e proj~t AppUcant must en~r ~to a habi~t a~ment ~ ~e Depar~ent prior to approval of ~y F~al Map. Habi~t shaU ~ prese~ed on ~e project si~ or ~ ~e gener~ vic~ of ~e proj~t site (i.e. sou~em S~ Clara Coun~ or nor~ern ~ ~to Count), al~ough l~d ou~ide of ~e general vi~ would ~ suitable wi~ ~e approval of ~e Ca~o~a Depar~ent of F~h and Game. ~e land preened must ~ prese~ed ~ perpemi~, eider ~ f~ or ~rough ~e dedica~on of a come~a~on e~ment. ~ ~e event ~at ~e project app~c~t ~ters into a mi~ga~on a~ment ~ ~e Depar~ent of F~h and Game, ~e proj~t applicant sha~ provide ~, su~ect to Christopher Subdivision and Re-zone Mitigation Monitoring Program EXHiBiT A 4 ~tm~sib!e~ Responsible the approval of the Department of Fish and Game, for the acquisition of an appropriate site. The project applicant shall provide a letter-of-credit to the Department of Fish and Game. 11. The applicant shall provide sufficient funding Applicant Planning as determined by the California Depamnent of Division, Fish and Game for improvement and maintenance of the permanent California Depa, tment Tiger Salamander preserve on site, if the of Fish & Department determines that on-site mitigation Game is appropriate. Alternatively, the project apphcant, after development of the preserve, may require maintenance of the preserve by the homeowner's association. A copy of the Conditions, Covenants & Restrictions for the homeowner's association shall be submitted at least sixty (60) days prior to the filing of the Final Map for review and approval by the City of Giiroy. 12. The project site contains habitat suitable for Applicant Planning the California Red-Legged Frog, a protected Division species. The project applicant shall mitigate the loss of habitat by providing a drainage U.S. Fish & swale to provide a travel corridor for the frogs Wildlife that connects adjacent habitat areas. That Service corridor along the southern border of Lot 5 shall be dedicated by a permanent easement to the homeowner's association for maintenance. The applicant shall provide sufficient funding as determined by the U.S. Fish and Wildlife Service for improvement and maintenance of the drainage swale for the CaLifornia Red- Legged Frog. Alternatively, the project Apphcant, after development and approval of the swale, may require maintenance of the swale by the homeowner's association. A copy of the Conditions, Covenants & Restrictions for the homeowner's association shall be submitted at least sixty (60) days prior to the filing of the Final Map for review and approval by the City of Gilroy. This mitigation measure is subject to the review and approval of the U.S. Fish & Wildlife Service and the City of Gilroy Planning Division. Christopher Subdivision and Re-zone Mitigatwn Monitoring Program ~ 5 Mitigation Monitoring Checklist C Prior to issuance of the building permit, the following mitigation measures shall be implemented: 1. ~e foDow~g dust consol menu.s s~D ~ App~c~t Pl~g ~co~oramd ~ ~ per~ for ~y ph~e of Div~ion propped com~c~on on ~e pr~t si~. ~e me~ur~ shall ~ ~plemen~d ~ n~sa~ to ad~uately consol d~t subj~t to ~e review ~d approval of ~e Ci~ of G~oy P~g Div~ion. ~ foll~ing measures s~lI ~ implemented at ail cons~chon sitest · Water all ac~ve come,on ~e~ at le~t ~ice daily; · Cover aU ~uc~ hau~g ~, s~d, and o~er loose materia~ or r~uke ~ ~c~ to ~m~ at le~t ~o f~t of ~board; · Pave, apply wa~r ~ ~es daHy, or apply (non-toxic) soft s~b~ers on aH ~paved acc~s roa~, park~g are~ ~d sm~g are~ at com~c~on sites; Sw~p davy (wi~ wa~r sw~pers) aU paved access roads, p~g are~ ~d s~g areas at com~c~on sit~; Sw~p s~ daily (wi~ wa~r swears) ff v~ible so~ martial ~ c~ried onto adjacent pubHc s~. ~ foll~ing addi~onat measures s~ll ~ implemented at cons~caon sites ~eater t~n ~ur a~es in area: · Hydros~d or apply (non-toxic) soH s~b~ers to ~ac~ve com~c~on are~ (previously ~aded are~ reactive for ten days or more); · Enclose, cover, water ~ice daily or apply (non-toxic) soH b~ders to exposed stockp~es (d~, sand, etc.); · L~it ~Mfic sp~ on ~paved roads to 15 mph; · ~m~ sandba~s or o~er erosion Christopher Subdivision and Re-zone Mit{gation Monitoring Program ~ 6 ~ Monitmlng conlxol measures to prevent silt runoff to public roadways; · Replant vegetation in disturbed areas as quickly as possible. Subject to determination by the Gilroy Engineering Division the fvllowing measures shall be implemented at this site as deemed Install wheel washers for all existing trucks, or wash off the tires or lxacks of all trucks and equipment leaving the site; · Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) of construction · Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; * Limit the area subject to excavation, grading and other construction activity at any one time. 7. Due to the possibility that significant buried Applicant Planning cultural resources might be found during Division construction the following language shall be included 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 GRroy Planning Division: If archaeological resources or human remains are discovered during construction, work shall be halted at a min~um of 200 feet from the find and the area shall be staked off. The project developer shall notify a qualLfied professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. 8. In the event of an accidental discovery or Applicant Planning recognition of any human remains in any Division location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA GuideLines section 15064.5te): ChristopherSubdivisionandRe-zoneMitigation/VlonitoringProgram EXHi i¥ A If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent from the deceased Native American. The most likely descendent may then make recommendations to the landowner or the person responsible for the excavation work, for means of ~eating or disposing oL 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 most likely descendent or the most likely descendent 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. 10. The following language shall be included on Applicant Planning any permits issued at the project site, subject Division to the review and approval of the City of Gilroy Engineering Division. "All construction activities shall be limited to weekdays between 7:00 AM and 7:00 PM, and to Saturdays and City holidays between 9:00 AM and 7:00 PM. No construction is allowed on Sundays." Christopher Subdivision and Re-zone Mitigai~on Monitoring Program Mitigation Monitoring Checklist D Prior to grading or consituction activities, the following mitigation measures shall be implemented: Mitigalion Nature of Mitigation : ~ 5. ~e prot~ol determ~ed by ~e Deponent App~c~t P~g sha~ ~ fo~owed ~ debug ~y ~pac~ to Di~ion ~e bu~o~g ow~. Subj~t to ~e review of · e Ci~ of G~oy Pl~g Div~ion, no ear~ · ~ 45 days and no later commencement of ~ad~g or ac~vi~es on ~e proj~t si~, field su~eys sha~ ~ conducted by a quaked Molo~t to determ~e ff burrow~g ow~ ~e pr~ent ~ ~e com~cfion zone or wi~ 200 f~t of com~cfion zone. These su~eys sha~ requ~ed o~y ff any com~cfion would occur dung ~e nes~g and/or br~d~g se~on of burrow~g ow~ (Februa~ ~ ~ough Aunt 31) ~d/or dur~g ~e wrater resid~ ~riod (~em~r 1 ~rough J~ua~ 31). ~ active nes~ are fo~d ~ ~e su~ey ~ea, a ~ow~g owl habi~t mi~gafion pl~ s~ ~ subdued to ~e Ca~o~a ~par~ent of F~h ~d Game for review ~d approval. ~e burrow~g owl habi~t mifigaSon plan sha~ con~ ~figa~on measur~ con~med ~ ~e Ca~o~ Depar~ent of F~h and Game S~f Repo~ on Bu~ow~g Owl Mi~ga~on (Ca'orca ~pa~ent of F~h ~d Game 1~5). Comp~ance wi~ ~ mi~ga~on me~ure may ~clude, but not ~ ~ted to, ~e fo~o~g: · Avoidance of ~cupied burrows during ~e n~g season (Febma~ 1 ~rough Au~st 31); · Acqu~ifion, protec~on ~d ~d~g for long-t6rm m~agement ~d mo~tor~g of fora~g habi~t adjacent to occupied habi~t; · E~cement of ex~g burrows and/or creation of new burrows; · Passive relocation of burrow~g ow~. Christopher Subdivision and Re-zone Mitigation Monitoring Program ~ 9 Mitigation Mw~tre Pan'y Responsible M~torlns 6 Subject to the review and approval of the City of Gilroy Engineering Division, prior to commencement of construction activities, siltation fencing, hay bales or other erosion control measures shall be implemented to prevent sediment or other water-borne contaminants from construction activities and/or staging areas from washing within 50 feet of the drainage swale that parallels Mesa Road. Applicant Planning Division Christopher Subdivision and Re-zone Mitiga~on Monitoring Program ~ l H i ~ lT A10 I, RI-IONDA PELL1N, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2001-4 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 16th day of April, 2001, at which meeting a quorum was presem. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 19th day of April, 2001. City Clerk of the City of Gilroy (seal)