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Ordinance 2003-13 ORDINANCE NO. 2003-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN APPLICATION FOR A CHANGE IN ZONING DESIGNATION FROM PF (pARK/PUBLIC FACILITY) TO RH (RESIDENTIAL HILLSIDE) ON APPROXIMATELY 2.19 ACRES ON THE WEST SIDE OF RANCHO HILLS DRIVE AT THE TERMINUS OF VALLEY OAKS COURT, APN 783-21-061 WHEREAS, Glen Loma Group, the applicant, submitted application Z 03-05 to change the zoning designation on property identified as APN 783-21-061 from PF (ParkJPublic Facility) to RH (Residential Hillside) on approximately 2.19 acres located on the west side of Rancho Hills Drive at the terminus of Valley Oaks Court; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council on August 4, 2003, adopted a mitigated Negative Declaration for this project, attached hereto as Exhibit A, finding that the Negative Declaration was completed in compliance with CEQA, that it reflects the independent judgment of the City, and that there is no substantial evidence in the record that the project as mitigated will have a significant effect on the environment; and WHEREAS, the Planning Commission held a duly noticed public hearing on July 31, 2003, at which time the Planning Commission considered the public testimony, the Staff Report dated July 24, 2003 ("Staff Report"), and all other documentation related to application Z 03-05, and recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public hearing on August 4, 2003, at which time the City Council considered the public testimony, the Staff Report, and all other documentation related to application Z 03-05; 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. IGB0\599103.1 01-{)81403-04706002 -1- Ordinance No. 2003-13 SECTION I NOW, THEREFORE, THE CITY COUNCIL FINDS THAT: A. The proposed rezoning is substantially consistent with the General Plan Land Use Designation and the intent of the goals and policies of the City's General Plan. B. Public utilities and infrastructure improvements needed in order to serve the proposed project are in close proximity. C. There is no substantial evidence in the record that this project as mitigated will cause any significant environmental impacts. D. This project will not be detrimental to the public welfare or injurious to persons or property in the vicinity. SECTION II Based on the above findings, Zoning application Z 03-05 is hereby approved, and the Mitigation/Monitoring Program, attached hereto as Exhibit B and incorporated herein by this reference, is hereby adopted. SECTION III If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. SECTION IV This Ordinance shall be in full force and effect thirty (30) days after the date of its passage and adoption. \GB0\599103.1 01-081403-04706002 -2- Ordinance No. 2003-13 PASSED AND ADOPTED this 15th day of September, 2003 by the following AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: ATT~:~ / ~~d4- Q~L<A . Rhonda Pellin, City Clerk IGB0\599103.1 o 1-D81403-D4 706002 -3- Ordinance No. 2003-13 EXHIBIT A Community Development Department Planning Division NEGA TIVE DECLARATION City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 (408) 846-0440 City File Number: Z 03-05 and TM 01-06 Proiect Description: Name of Project: Nature of Project: Schaal Subdivision A Zone Change and Tentative Map to create II residential hillside lots on a I 0.6:i:-acre site. Proiect Location: Location: Property is located west of Rancho Hills Drive Assessor's Parcel Numbers: 783-21-061. Entitv or Person(s) Undertakine Proiect: Name: Address: Glen Lorna Group (c/o John Filice) 7888 Wren A venue, Suite 0-143, Gilroy, CA 95020 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 environment. A copy of this study is on file at the City of Gilroy Planning Department, 7351 Rosanna Street, Gilroy, CA 95020. Schaal Subdivision Draft Negative Declaration 2 5/05/2003 Findin2s & 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 Gilroy. Miti2ation Measures: I. Prior to the issuance of a building permit, the developer(s) shall submit building plans to the City of Gilroy Planning Division for review and approval. The building plans shall indicate the location of the proposed structure and all existing trees as well as any trees proposed for removal. The proposed structure shall be designed to conform to the contours of the site and to reduce the amount of visual impact from the structure. Building sites shall not be allowed on exposed ridges. The building site shall be selected in such a way as to preserve the natural vegetation. 2. Prior to the final map approval, the project proponent shall prepare a street lighting plan. Subject to review a nd approval by t he City Engineering Division, t he lighting plan s hall limit street lighting to intersections and where necessary to reduce traffic hazards. 3. The project plans specifY the requirement to implement the following dust control measures as appropriate, depending on the size of the construction site, the proximity to sensitive receptors, and other factors that warrant additional emissions reductions, subject to the review and approval by the City of Gilroy Planning Division: (Adopted General Plan EIR Mitigation Measure 4.6-A) Basic Control Measures - 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; and - -_._~--_.._---'-----------_.,._..._--~---_._------,-- ~ ~ Schaal Subdivision Draft Negative Declaration 3 5/05/2003 ~ Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. Enhanced Control Measures - The following measures should be implemented at construction sites greater than four acres in area: ~ All those measure listed above; ~ 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; and ~ Replant vegetation in disturbed areas as quickly as possible. The following measures shall be implemented at construction sites that are large in area, located near sensitive receptors or which for any other reason may warrant additional emissions reductions: ~ Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; ~ Install windbreaks, 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; and ~ Limit the area subject to excavation, grading and other construction activity at anyone time. 4. The following measures shall be incorporated into all project plans for the project site: (Adopted General Plan EIR Mitigation Measure 4.6-B) ~ The idling time of all construction equipment shall not exceed five minutes; ~ Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use; ~ All equipment shall be properly tuned and maintained in accordance with the manufacturer's specifications; ~ When feasible, alternative fueled or electrical construction equipment shall be used at the project site; ~ Use the minimum practical engine size for construction equipment; and ~ Gasoline-powered equipment shall be equipped with catalytic converters, where feasible. Schaal Subdivision Draft Negative Declaration 4 5/0512003 5. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities on the project site, field surveys shall be conducted by a qualified biologist to determine if burrowing owls are present in the construction zone or within 200 feet of the construction zone. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. These surveys shall be required only if any construction would occur during the nesting and/or breeding season of burrowing owls (February I through August 31) and/or during the winter residency period (December I through January 31). If active nests are found in the survey area. a burrowing owl habitat mitigation plan shall be submitted to the California Department of Fish and Game for review and approval. The burrowing owl habitat mitigation plan shall contain mitigation measures contained in the California Department of Fish and Game Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game 1995). Compliance with this mitigation measure may include, but not be limited to, the following: ~ Avoidance of occupied burrows during the nesting season (February I through August 31); ~ Acquisition, protection and funding for long-term management and monitoring of foraging . habitat adjacent to occupied habitat; ~ Enhancement of existing burrows and/or creation of new burrows; ~ Passive relocation of burrowing owls. 6. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities occurring within 200 feet of trees located on and adjacent to the project site, a tree survey shall be conducted by a qua lified biologist to determine if active nest(s) of protected birds are present in the trees. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. This survey shall be required only if any construction would occur during the nesting and/or breeding season of protected bird species potentially nesting in the tree (generally March 1 through August I). If active nest(s) are found, clearing and construction within 200 feet of the tree shall be postponed or halted until the nest(s) are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting, at the discretion of the biologist. If construction activities are not scheduled between March I and August 1, no further surveys of the tree shall be required. 7. Prior to approval of the final map, the project proponent shall prepare Covenants, Codes, and Restrictions (CCRs) on the deeds for each lot in order to ensure the long-term protection and maintenance of the natural vegetation including but not limited to the four species of oak trees. The CCRs shall prohibit property owners from removing native vegetation and oak trees, unless approved in writing by the City of Gilroy, and should encourage the use of landscaping with native plants. The CCRs shall include a penalty acceptable to the City of Gilroy for any unapproved removal of an oak tree. The CCRs shall include a disclosure, to be signed by the future owner, and subsequent owners, of the ecological and scenic importance of the hillside area, the presence of significant biological resources occurring in the vicinity, and protection measures implemented as part of the development. Schaal Subdivision Draft Negative Declaration 5 5/05/2003 8. Prior to the commencement of construction activities and under the supervision of a qualified biologist, temporary construction/silt fencing shall be installed along the 50-foot riparian setback and/or the approved grading line as shown on the tentative map to protect the creek and associated creek vegetation from disturbance. Project plans shall specify that construction vehicles, parking of vehicles or heavy equipment, stockpiling of construction materials, and/or dumping of materials shall not be allowed outside the boundaries of the work area. The fencing shaJI remain in place during the entire construction period. 9. The project proponent shall hire a certified arborist to review the tree inventory and prepare a report with recommendations to mitigate for the loss of significant trees. The tree inventory shall include all trees to be removed during construction of access roads, infrastructure, and home construction. The arborist's written recommendations shall be included on the tree inventory. The tree inventory shall be signed by the arborist and submitted for review and approval by the City of Gilroy Planning Division. The tree inventory shall include, but not be limited to, the size and species 0 fall trees located 0 n t he project site, including those planned for removal, the reason for removal, and the location, size, and species of all replacement trees, and the specifications for replacing. It is recommended that significant trees replacement ratios be I: I for less trees than 12",2:1 for trees 12-24", and 3:1 for trees 24" or more, or as required by the arborist. The arborist should provide a plan to monitor the replacement trees for a period of three years at a minimum. 10. Prior to initiation of grading or construction activities, protected trees that are to be retained and are located adjacent tot he construction zone shall be protected from ina dvertent da mage by construction equipment through implementation of the following measures: ~ wrap trunks with protective materials; ~ bridge or tunnel under major roots where exposed. Roots should be cut by manually digging a trench and cutting exposed roots with a saw, vibrating knife, rock saw, narrow trencher with sharp blades, or other approved root-pruning equipment. Any roots damaged during grading or excavation should be exposed to sound tissue and cut cleanly; ~ avoid soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/or dumping of materials under dripline of trees. II. 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 ofthe Gilroy Planning Division: If archaeological resources or human remains are discovered during construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented (General Plan Policy 5.07). 12. 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 wit~~EQA Guidelines section_!~061~~.t~}~ ~____,_____~___ Schaal Subdivision Draft Negative Declaration 6 5/0512003 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 detennine that no investigation of the cause of death is required. If the coroner detennines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. 13. The project proponent shall submit a design level geotechnical exploration for the construction of roads and infrastructure prior to the approval of the final map. The geotechnical exploration shall include test pits or borings within the area proposed for grading and laboratory soils testing to provide data for preparation of specific recommendations regarding road grading, infrastructure installation, and drainage design. 14. The developer of each residential lot shall submit a design level geotechnical exploration for each building site prior to the issuance of a building pennit. The geotechnical exploration shall include test pits or borings within the area proposed for grading and laboratory soils testing to provide data for preparation of specific recommendations regarding lot grading, foundations, and drainage. 15. The developer of residential Lot 10 shall include one of the following on future building and grading plans: (]) complete removal of the slide debris with contour shaping the new ground surface; (2) complete removal of the slide debris and reconstruction of the slide area with subdrained, engineered fill; (3) partial removal of slide debris with subsequent buttressing using subdrained, engineered fill; (4) construction of one or more stabilizing pin-walls; or (5) designing the development and improvements in areas away from the landslide feature." 16. The project proponent shall conduct subsurface test borings a long the creeks 0 f the bank to detennine if the proposed 50-foot setback is appropriate over the life span of the project. If the results of the test borings indicate that the proposed 50-foot setback is appropriate, no further mitigation measure is necessary. The report with the results of the subsurface test borings shall be subject to review and approval by the City Engineering Division, prior to approval of the final ____~_____jmpIoVemelltpJaD~.----, _ _._____ _______~_,_____ __ ___ Schaal Subdivision Draft Negative Declaration 7 5/0512003 If the results of the test borings indicate that the proposed 50-foot setback is not sufficient, the project proponent shall prepare a detailed erosion protection plan to reduce the potential for creek bank regression and adverse impacts to the project, over the life span of the project. The plan shall include periodic maintenance to be funded through a homeowner's association or other appropriate vehicle. The detailed erosion protection plan shall be subject to review and approval by the City Engineering Division, prior to approval of the final improvement plans. 17. Prior to approval of the final improvement plan and implementing the detailed erosion protection plan, if any work would require activities in the bed or on the banks of the unnamed seasonal creek, the project proponent shall contact the California Department of Fish and Game to determine whether the work will require a Streambed Alteration Agreement under the provisions of the State Fish and Game Code Section 1600 et seq. 18. The project proponent shall submit a Notice of Intent (NOI) and detailed engineering designs to the Regional Water Quality Control Board. This permit shall require development and implementation of a Storm Water Pollution Prevention Plan that uses storm water "Best Management Practices" to control runoff, erosion and sedimentation from the site. 19. The project proponent shall incorporate "Best Management Practices" into the final improvement plans, subject to the review and approval of the Gilroy Engineering Division. The "Best Management Practices" could include, but are not limited to the following: ~ storm drain inlet filters; ~ vegetative filter strips; ~ vegetative swales; ~ porous pavements; ~ infiltration trenches or infiltration areas; and ~ tree preservation and urban forestry. Additional "Best Management Practices" can be obtained from "Nonpoint Source Pollution: A Handbook for Local Governments" or by calling the Regional Water Quality Control Board. 20. As part of the normal City review and approval procedures for future projects the following measures should be incorporated into project plans to mitigate construction noise: a. Limit construction activity to weekdays between 7:00 AM and 7:00 PM, and Saturdays and city holidays between 9:00 AM and 7:00 PM, with no construction on Sundays. b. Require that all internal combustion engine-driven equipment are equipped with mufflers, which are in good condition and appropriate for the equipment. c. Locate stationary noise-generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area; and d. Construct sound walls or other noise reduction measures prior to developing the project site. Schaal Subdivision Draft Negative Declaration Date Prepared: May 5, 2003 End of Review Period: May 27,2003 Date Adopted by City Council: 8 5/0512003 William Faus Planning Division Manager EXHIBIT B Schaal Subdivision Mitigation Monitoring Program Introduction CEQA Guidelines section 15097 requires public agencies to adopt reporting or monitoring programs when they approve projects subject to an environmental impact report or a negative declaration that includes mitigation measures to avoid significant adverse environmental effects. The reporting or monitoring program is to be designed to ensure compliance with conditions of project approval during project implementation in order to avoid significant adverse environmental effects. The law was passed in response to historic non-implementation of mitigation measures presented in environmental documents and subsequently adopted as conditions of project approval. In addition, monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures. A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measure's compliance. This monitoring program is designed to provide a mechanism to ensure that mitigation measures and subsequent conditions of project approval are implemented. Monitoring Program The basis for this monitoring program is the mitigation measures included in the project 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 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: I. The Gilroy Community Development Department should be responsible for coordination of the monitoring program, including the monitoring checklist. The Community Development Department should be responsible for completing the monitoring checklist and distributing the checklist to the responsible individuals or agencies for their use in monitoring the mitigation measures. City of Gilroy 1 Schaal Subdivision Mitigation Monitoring Program 2. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring checklist have been complied with. Once all mitigation measures have been complied with, the responsible individual or agency should submit a copy of the monitoring checklist to the Community Development Department to be placed in the project fIle. If the mitigation measure has not been complied with, the monitoring checklist should not be returned to the Community Development Department. 3. The Gilroy Community Development Department will review the checklist to ensure that appropriate mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with at the appropriate time, e.g. prior to issuance of a use permit, etc. Compliance with mitigation measures is required for project approvals. 4. If a.responsible individual or agency determines that a non-compliance has occurred, a written notice should be delivered by certified mail to the project proponent within 10 days, with a copy to the Community Development Department, describing the non-compliance and requiring compliance within a specified period oftime. Ifnon-compliance still exists at the expiration of the specified period of time, construction may be halted and fines may be imposed at the discretion of the City of Gilroy. City of Gilroy 2 Schaal Subdivision Initial Study Mitigation Monitoring Checklist Step 1. Prior to final map approval, the following mitigation measures shall be implemented: Mitigation Measure 2 Prior to the final map approval, the project proponent shall prepare a street lighting plan. Subject to review and approval by the City Engineering Division, the lighting plan shall. limit street lighting to intersections and where necessary to reduce traffic hazards. Party Responsible for Implementation: Project Proponent Party Responsible for Monitoring: Gilroy Engineering Division Mitigation Measure 7 Prior to approval of the final map, the project proponent shall prepare Covenants, Codes, and Restrictions (CCRs) on the deeds for each lot in order to ensure the long-term protection and maintenance of the natural vegetation including but not limited to the four species of oak trees. The CCRs shall prohibit property owners from removing native vegetation and oak trees, unless approved in writing by the City of Gilroy, and should encourage the use oflandscaping with native plants. The CCRs shall include a penalty acceptable to the City of Gilroy for any unapproved removal of an oak tree. The CCRs shall include a disclosure, to be signed by the future owner, and subsequent owners, of the ecological and scenic importance of the hillside area, the presence of significant biological resources occurring in the vicinity, and protection measures implemented as part of the development. Party Responsible for Implementation: Project Proponent Party Responsible for Monitoring: Gilroy Planning Division Mitigation Measure 13 The project proponent shall submit a design level geotechnical exploration for the construction of roads and infrastructure prior to the approval of the final map. The geotechnical exploration shall include test pits or borings within the area proposed for grading and laboratory soils testing to provide data for preparation of specific recommendations regarding road grading, infrastructure installation, and drainage design. Party Responsible for Implementation: Project Proponent Party Responsible for Monitoring: Gilroy Engineering Division City of Gilroy 1 Schaal Subdivision Mitigation Monitoring Checklist Mitigation Measure 16 The project proponent shall conduct subsurface test borings along the creeks of the bank to determine if the proposed 50-foot setback is appropriate over the life span of the project. If the results of the test borings indicate that the proposed 50-foot setback is appropriate, no further mitigation measure is necessary. The report with the results of the subsurface test borings shall be subject to review and approval by the City Engineering Division, prior to approval of the final improvement plans. If the results of the test borings indicate that the proposed 50-foot setback is not sufficient, the project proponent shall prepare a detailed erosion protection plan to reduce the potential for creek bank regression and adverse impacts to the project, over the life span of the project. The plan shall include periodic maintenance to be funded through a homeowner's association or other appropriate vehicle. The detailed erosion protection plan shall be subject to review and approval by the City Engineering Division, prior to approval of the final improvement plans. Party Responsible fOr Implementation: Project Proponent Party Responsible fOr Monitoring: Gilroy Engineering Division Mitigation Measure 17 Prior to approval of the final improvement plan and implementing the detailed erosion protection plan, if any work would require activities in the bed or on the banks of the unnamed seasonal creek, the project proponent shall contact the California Department of Fish and Game to determine whether the work will require a Streambed Alteration Agreement under the provisions of the State Fish and Game Code Section 1600 et seq. Party Responsible fOr Implementation: Project Proponent Party Responsible fOr Monitoring: Gilroy Engineering Division Mitigation Measure 19 The project proponent shall incorporate "Best Management Practices" into the final improvement plans, subject to the review and approval of the Gilroy Engineering Division. The "Best Management Practices" could include, but are not limited to the following: . storm drain inlet filters; . vegetative filter strips; . vegetative swales; City of Gilroy 2 Schaal Subdivision Mitigation Monitoring Checklist . porous pavements; infIltration trenches or infIltration areas; and tree preservation and urban forestry. Additional "Best Management Practices" can be obtained from "Nonpoint Source Pollution: A Handbook for Local Governments" or by calling the Regional Water Quality Control Board. Party Responsible fOr Implementation: Project Proponent Party Responsible fOr Monitoring: Gilroy Engineering Division Mitigation Measure 20 As part of the normal City review and approval procedures for future projects the following measures should be incorporated into project plans to mitigate construction noise: a. Limit construction activity to weekdays between 7:00 AM and 7:00 PM, and Saturdays and city holidays between 9:00 AM and 7:00 PM, with no construction on Sundays. b. Require that all internal combustion engine-driven equipment are equipped with mufflers, which are in good condition and appropriate for the equipment. c. Locate stationary noise-generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area; and d. Construct sound walls or other noise reduction measures prior to developing the project site. Party Responsible fOr Implementation: Project Proponent Party Responsible for Monitoring: Gilroy Planning Division Step 2. Prior to the issuance of a building permit, the fOllowing mitigation measures shall be implemented: Mitigation Measure 1 Prior to the issuance of a building permit, the developer(s) shall submit building plans to the City of Gilroy Planning Division for review and approval. The building plans shall indicate the location of the proposed structure and all existing trees as well as any trees proposed for removal. The City of Gilroy 3 Schaal Subdivision Mitigation Monitoring Checklist proposed structure shall be designed to conform to the contours of the site and to reduce the amount of visual impact from the structure. Building sites shall not be allowed on exposed ridges. The building site shall be selected in such a way as to preserve the natural vegetation. Party Responsible fOr Implementation: Project Proponent Party Responsible fOr Monitoring: Gilroy Planning Division Mitigation Measure 3 The project plans specify the requirement to implement the following dust control measures as appropriate, depending on the size of the construction site, the proximity to sensitive receptors, and other factors that warrant additional emissions reductions, subject to the review and approval by the City of Gilroy Planning Division: (Adopted General Plan EIR Mitigation Measure 4.6-A) Basic Control Measures - 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; and · Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. Enhanced Control Measures - The following measures should be implemented at construction sites greater than four acres in area: · All those measure listed above; · 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; City of Gilroy 4 Schaal Subdivision Mitigation Monitoring Checklist . Install sandbags or other erosion control measures to prevent silt runoff to public roadways; and . Replant vegetation in disturbed areas as quickly as possible. The following measures shall be implemented at construction sites that are large in area, located near sensitive receptors or which for any other reason may warrant additional emissions reductions: . Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; · Install windbreaks, 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; and · Limit the area subject to excavation, grading and other construction activity at anyone time. Party Responsible Jor Implementation: Project Proponent Party Responsible for Monitoring: Gilroy Planning Division Mitigation Measure 4 The following measures shall be incorporated into all project plans for the project site: (Adopted General Plan EIR Mitigation Measure 4.6-B) · The idling time of all construction equipment shall not exceed five minutes; . Limit the hours of operation of heavy duty equipment and/ or the amount of equipment in use; . All equipment shall be properly tuned and maintained in accordance with the manufacturer's specifications; · When feasible, alternative fueled or electrical construction equipment shall be used at the project site; · Use the minimum practical engine size for construction equipment; and . Gasoline-powered equipment shall be equipped with catalytic converters, where feasible. Party Responsible Jor Implementation: Project proponent Party Responsible Jor Monitoring: Gilroy Engineering Division City of Gilroy 5 Schaal Subdivision Mitigation Monitoring Checklist Mitigation Measure 5 Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities on the project site, field surveys shall be conducted by a qualified biologist to determine if burrowing owls are present in the construction zone or within 200 feet of the construction zone. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. These surveys shall be required only if any construction would occur during the nesting and! or breeding season of burrowing owls (February 1 through August 31) and!or during the winter residency period (December 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 \ burrowing owl habitat mitigation plan shall contain mitigation measures contained in the California Department ofFish and Game Staff Report on Burrowing Owl Mitigation (California Department ofFish and Game 1995). Compliance with this mitigation measure may include, but not be limited to, the following: · Avoidance of occupied burrows during the nesting season (February 1 through August 31); · Acquisition, protection and funding for long-term management and' monitoring of foraging habitat adjacent to occupied habitat; Enhancement of existing burrows and! or creation of new burrows; · Passive relocation of burrowing owls. Party Responsible for Implementation: Project Proponent Party Responsible for Monitoring: Gilroy Planning Division Mitigation Measure 6 Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities occurring within 200 feet of trees located on and adjacent to the project site, a tree survey shall be conducted by a qualified biologist to determine if active nest(s) of protected birds are present in the trees. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. This survey shall be required only if any construction would occur during the nesting and! or breeding season of protected bird species potentially nesting in the tree (generally March 1 through August 1). If active nest(s) are found, clearing and construction within 200 feet of the tree shall be postponed or halted until the nest(s) are vacated and juveniles have fledged and there is no evidence of a second City of Gilroy 6 Schaal Subdivision Mitigation Monitoring Checklist attempt at nesting, at the discretion of the biologist. If construction activities are not scheduled between March 1 and August 1, no further surveys of the tree shall be required. Party Responsible for Implementation: Project Proponent Party Responsible for Monitoring: Gilroy Planning Division Mitigation Measure 9 The project proponent shall hire a certified arborist to review the tree inventory and prepare a report with recommendations to mitigate for the loss of significant trees. The tree inventory shall include all trees to be removed during construction of access roads, infrastructure, and home construction. The arborist's written recommendations shall be included on the tree inventory. The tree inventory shall be signed by the arborist and submitted for review and approval by the City of Gilroy Planning Division. The tree inventory shall include, but not be limited to, the size and species of all trees located on the project site, including those planned for removal, the reason for removal, and the location, size, and species of all replacement trees, and the specifications for replacing. It is recommended that significant trees replacement ratios be 1:1 for less trees than 12",2:1 for trees 12-24", and 3:1 for trees 24" or more, or as required by the arborist. The arborist should provide a plan to monitor the replacement trees for a period of three years at a mInImum. Party Responsible for Implementation: Project Proponent Party Responsible for Monitoring: Gilroy Planning Division Mitigation Measure 11 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 archaeological resources or human remains are discovered during construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented (General Plan Policy 5.07). Party Responsible for Implementation: Project Proponent Party Responsible for Monitoring: Gilroy Planning Division City of Gilroy 7 Schaal Subdivision Mitigation Monitoring Checklist Mitigation Measure 12 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): 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 ofthe cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. Party Responsible for Implementation: Project Proponent Party Responsible for Moniton"ng: Gilroy Planning Division Mitigation Measure 14 The developer of each residential lot shall submit a design level geotechnical exploration for each building site prior to the issuance of a building permit. The geotechnical exploration shall include test pits or borings within the area proposed for grading and laboratory soils testing to provide data for preparation of specific recommendations regarding lot grading, foundations, and drainage. Party Responsible for Implementation: Project Proponent Party Responsible for Monitoring: Gilroy Engineering Division City of Gilroy 8 Schaal Subdivision Mitigation Monitoring Checklist Step 3. Mitigation Measure 15 The developer of residential Lot 10 shall include one of the following on future building and grading plans: (1) complete removal of the slide debris with contour shaping the new ground surface; (2) complete removal of the slide debris and reconstruction of the slide area with subdrained, engineered fIll; (3) partial removal of slide debris with subsequent buttressing using subdrained, engineered fIll; (4) construction of one or more stabilizing pin- walls; or (5) designing the development and improvements in areas away from the landslide feature." Party Responsible for Implementation: Project Proponent Party Responsible for Monitoring: Gilroy Engineering Division , Mitigation Measure 18 The project proponent shall submit a Notice ofIntent (NOI) and detailed engineering designs to the Regional Water Quality Control Board. This permit shall require development and implementation of a Storm Water Pollution Prevention Plan that uses storm water "Best Management Practices" to control runoff, erosion and sedimentation from the site. Party Responsible for Implementation: Project Proponent Party Responsible for Monitoring: Gilroy Engineering Division Prior to commencement of construction activities, the following mitigation measures shall be addressed: Mitigation Measure 8 Prior to the commencement of construction activities and under the supervision of a qualified biologist, temporary construction! silt fencing shall be installed along the 50-foot riparian setback as shown on the tentative map to protect the creek and associated creek vegetation from disturbance. Project plans shall specify that construction vehicles, parking ofvehic1es or heavy equipment, stockpiling of construction materials, and! or dumping of materials shall not be allowed outside the boundaries of the work area. The fencing shall remain in place during the entire construction period. Party Responsible for Implementation: Project Proponent Party Responsible for Monitoring: Gilroy Planning Division City of Gilroy 9 Schaal Subdivision City of Gilroy Mitigation Monitoring Checklist Mitigation Measure 10 Prior to initiation of grading or construction activities, protected trees that are to be retained and are located adjacent to the construction zone shall be protected from inadvertent damage by construction equipment through implementation of the following measures: · wrap trunks with protective materials; · bridge or tunnel under major roots where exposed. Roots should be cut by manually digging a trench and cutting exposed roots with a saw, vibrating knife, rock saw, narrow trencher with sharp blades, or other approved root-pruning equipment. Any roots damaged during grading or excavation should be exposed to sound tissue and cut cleanly; · avoid soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/or dumping of materials under dripline of trees. Party Responsible for Implementation: Project Proponent Party Responsible for Monitoring: Gilroy Planning Division 10 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2003-13 is an original ordinance, or a true and correct copy of a city ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 15th day of September, 2003, at which meeting a quorum was present, and has been published or posted pursuant to law. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 10th day of October, 2003. ~Q / / I _ . '.Ld~ u.-.{~-Z.",~ ' City Clerk of the City of Gilroy (Seal)