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Resolution 2018-331 RESOLUTION NO. 2018-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY TO ADOPT THE MITIGATED NEGATIVE DECLARATION (MIND) AND MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) PREPARED FOR ZONING AMENDMENT APPLICATION (Z 16 -02) TO AMEND THE HECKER PASS SPECIFIC PLAN APPLICATION FILED BY MERITAGE HOMES C/O MARK CURRINGTON WHEREAS, Meritage Homes (the "applicant ") submitted an application requesting a Zoning Amendment/Specific Plan Amendment (Z 16 -02) to amend the Hecker Pass Specific Plan to change the planned Hecker Pass Highway and Third Street intersection from a standard intersection to a roundabout; add a Class I bike path south of Hecker Pass Highway (State Route 152); amend specific plan language related to fencing within the Hecker Pass Highway setback corridor, as well as other fencing restriction modifications in the specific plan; and elimination/modification of two specific plan EIR transportation - related mitigation measures; and WHEREAS, an Environmental Impact Report (EIR) was prepared for the Hecker Pass Specific Plan as part of the review of the specific plan review in 2004, and, due to the modifications proposed as part of the current application, a mitigated negative declaration (MND) and mitigation and monitoring and reporting program (MMRP) have been prepared that identified and addressed potentially significant environmental impacts as a result of the proposed text amendments and associated construction of a roundabout at Hecker Pass Highway and Third Street and Class I bike path on private property along the south side of Hecker Pass Highway; and WHEREAS, the City, as lead agency under the California Environmental Quality Act (Pub. Res. Act § 21000 et seq.) has prepared an Initial Study to evaluate the potentially significant environmental effects of the project; and WHEREAS, the mitigation measures provided in the Initial Study would reduce significant impacts to a less than significant level and therefore, the project with mitigation measures incorporated, would not have a significant effect on the environment; and WHEREAS, the MND prepared for the project determined that while the proposed project would result in potentially significant effects on the environment, the project has been mitigated to a point where no significant effects will occur; and WHEREAS, the City prepared a Notice of Completion of the MND and a Notice of Intent to Adopt the MND, and sent the notices along with the MND, to the State Clearinghouse, as well as to local and regional public agencies and service providers; and WHEREAS, the Notice of Intent for adoption of the MND, pursuant to the requirements of CEQA Guidelines Section 15072, was posted with the Santa Clara County Clerk and published in the Gilroy Dispatch; and 4830 - 5629- 7838v2 JHk04706089 RESOLUTION NO. 2018 -33 WHEREAS, the MND was circulated for the required 30 -day public review period (State Clearinghouse #2018032078), ending on April 30, 2018, and was made available for review pursuant to the requirements of CEQA Guidelines Section 15073; and WHEREAS, the Planning Commission held a duly noticed public hearing on Z 16 -02 on June 7, 2018, at which public hearing the Commission considered Z 16 -02, staff report, public comments and testimony, and all other documentation or other evidence received on Z 16 -02, and recommended that the City Council adopt the MND and the MMRP and approve Z 16 -02; and WHEREAS, the City Council held a duly noticed public hearing on the Zoning Amendment/Specific Plan Amendment Z 16 -02 on August 6, 2018, at which public hearing the Council considered Z 16 -02, staff report, public comments and testimony, and all other documentation or other evidence received on Z 16 -02. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy hereby adopts the Hecker Pass Specific Plan Amendment MND and the MMRP prepared for the Zoning Amendment/Specific Plan Amendment application Z 16 -02 and makes the following findings: 1. The MND and the MMRP have been completed in compliance with CEQA and its implementing guidelines and is attached hereto as Exhibit A; and 2. On the basis of the whole record, including the Initial Study and comments received on the MND during the public review period, there is no substantial evidence that the project will have a significant effect on the environment; and 3. The MND reflects the City's independent judgment and analysis; and 4. Documents and other materials constituting the record of the proceedings upon which the City's decision and its findings are based are located at the Office of the City Clerk of the City of Gilroy, 7351 Rosanna Street, Gilroy, California 95020. PASSED AND ADOPTED this 6th day of August 2018 by the following roll call vote: AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, HARNEY, LEROE- MUNOZ, TOVAR, TUCKER and VELASCO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE elasco, Mayor 4830 - 5629- 7838v2 JH104706089 RESOLUTION NO. 2018-33 EXHIBIT A Hecker Pass Specific Plan Amendment (Zoning Amendment) Z 16 -02 ( #16020011) Mitigation Monitoring and Reporting Program Note: This mitigation monitoring program shall supersede any other mitigation monitoring program adopted for the project or project site. 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 Hecker Pass Specific Plan EIR. 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 applicant is required to complete. These mitigation measures have been modified to be consistent with the Santa Clara Valley Habitat Plan, which was adopted after adoption of the mitigation monitoring program for the Hecker Pass Specific Plan. The attached checklist is for monitoring the implementation of the mitigation measures. This monitoring checklist contains all appropriate mitigation measures in the EIR, as modified. Monitoring Program Procedures 4830 - 5629- 7838v2 JH104706089 RESOLUTION NO. 2018-33 The City of Gilroy shall use the attached monitoring checklist for the Hecker Pass Specific Plan Amendment. The monitoring program should be implemented as follows: The Gilroy Community Development Department is responsible for coordination of the monitoring program, including the monitoring checklist. The Community Development Department should be responsible for completing the monitoring checklist and distributing the checklist to the responsible individuals or agencies for their use in monitoring the mitigation measures; 2. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring checklist have been complied with. Once all mitigation measures have been complied with, the responsible individual or agency should submit a copy of the monitoring checklist to the Community Development Department to be placed in the project file. If the mitigation measure has not been complied with, the monitoring checklist should not be returned to the Community Development Department; 3. The Community Development Department will review the checklist to ensure that appropriate mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with at the appropriate time, e.g. prior to issuance of a use permit, etc. Compliance with mitigation measures is required for project approvals; and 4. If a responsible individual or agency determines that a non - compliance has occurred, a written notice should be delivered by certified mail to the project proponent within 10 days, with a copy to the Community Development Department, describing the non - compliance and requiring compliance within a specified period of time. If non - compliance still exists at the expiration of the specified period of time, construction may be halted and fines may be imposed at the discretion of the City of Gilroy. 4830 - 5629- 7838v2 JH104706089 RESOLUTION NO. 2018-33 Hecker Pass Specific Plan Amendment - Roundabout, Bike Path, Fencing Language, and Traffic Mitigation Mitigation Monitoring Checklist Step 1 - Prior to Issuing a Grading Permit the following mitigation measures shall be implemented: Mitigation Measure AES -1 The design of the fencing associated with the roundabout project must be in compliance with the fencing restrictions of the specific plan. The following changes shall be made to the plans: The six foot high chain link fence proposed along the northern boundary of the roundabout must be eliminated from the plans. If some type of fencing here is required by Caltrans or requested by the adjacent property owner associated with the roundabout design, it must be in compliance with the fencing modifications proposed as part of this project, if the fencing modifications are approved by the City Council. If the fencing modifications are not approved by the City Council, the design of the fence shall be subject to review and approval by the City of Gilroy Planning Manager or her designee, and must meet the rural landscape design requirements associated with all development in the specific plan area. Party Responsible for Implementation: Meritage Homes Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: Mitigation Measure AES -2 The design of the fencing associated with the bike path project must be in compliance with the fencing restrictions of the specific plan. The following changes shall be made to the plans: Any new fencing proposed as part of the project, including but not limited to the proposed fencing along the southern boundary of the bike path, must be consistent with the fencing restrictions in the specific plan, subject to review and approval by the City of Gilroy Planning Manager or her designee. Party Responsible for Implementation: Meritage Homes 4830 - 5629- 7838v2 JH104706089 RESOLUTION NO. 2018-33 Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: Mitigation Measure AQ -1 The applicant shall specify in project plans the implementation of the following dust control measures during grading and construction activities for any proposed development. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Planning Division: The following measures shall be implemented at all construction sites: • Water all active construction areas at least twice daily; • Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; • Pave, apply water three times daily, or apply (non ❑toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; • Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; • Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets; • Hydroseed or apply (non ❑toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); • Enclose, cover, water twice daily or apply (non ❑toxic) soil binders to exposed stockpiles (dirt, sand, etc.); • Limit traffic speeds on unpaved roads to 15 mph; • Install sandbags or other erosion control measures to prevent silt runoff to public roadways; • Replant vegetation in disturbed areas; • Place a minimum of 100 linear feet of 6 to 8 inch average diameter cobble at all exit points to dislodge and trap dirt from vehicle tires; • Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and 4830 - 5629- 7838v2 JH104706089 RESOLUTION NO. 2018-33 • Limit the area subject to excavation, grading and other construction activity at any one time. Party Responsible for Implementation: Meritage Homes Party Responsible for Monitoring: Gilroy Engineering Division Monitoring Notes: Mitigation Measure N -1 All noise generating construction activities shall be limited to weekdays between 7:00 AM and 7:00 PM, and to Saturdays between 9:00 AM and 7:00 PM. No construction is allowed on Sundays or city holidays. In addition, temporary berms or noise attenuation barriers shall be utilized when necessary. This requirement shall be attached as a contractor work specification for all projects. Party Responsible for Implementation: Meritage Homes Party Responsible for Monitoring: Gilroy Engineering and Planning Divisions Monitorinq Notes: Mitigation Measure 13I0-1 (HPSP Policy 5 -44) Pre - construction surveys for protected birds shall be conducted for improvements or development proposed in or adjacent to potential nesting habitat (i.e., riparian woodland) if development is proposed during the nesting and /or breeding season of loggerhead shrike (generally February through June) or raptors (generally March through August). If any active nests are found within the survey area, at the discretion of the biologist, clearing and construction within 250 feet shall be postponed or halted until nests are vacated and juveniles have fledged, and there is no evidence of a second attempt at nesting. Party Responsible for Implementation: Meritage Homes Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: 4830 - 5629- 7838v2 JH104706089 RESOLUTION NO. 2018-33 Mitigation Measure 13I0-2 (HPSP Policy 5-40) Prior to construction of the roundabout and bike path, Meritage Homes will retain a qualified biologist to inform workers of potential presence of the special- status species, their protected status, work boundaries, and measures to be implemented to avoid loss of these species during construction activities. Party Responsible for Implementation: Meritage Homes Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: Mitigation Measure 13I0-4 (Revised) (Consolidated Landscaping Policy) Prior to issuance of grading permits for the roundabout and bike path, the applicant shall submit a tree replacement plan to mitigate for removing 39 significant trees. The final plan shall identify the species, size, numbers, and locations for the replacement trees, and will be subject to review and approval by the Planning Manager. The tree replacement plan shall be implemented with construction of the roundabout and bike path. Party Responsible for Implementation: Meritage Homes Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: Mitigation Measure 13I0-5 (HPSP Policy 7 -9) Prior to the commencement of construction activities, the protected zone of any tree or group of trees to be retained should be fenced to prevent injury to the trees during construction under the supervision of an arborist. Soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and /or dumping of materials shall not be allowed within the protected zone. The fencing shall remain in place until all construction activities are complete. Party Responsible for Implementation: Meritage Homes Party Responsible for Monitoring: Gilroy Planning Division 4830 - 5629- 7838v2 JH104706089 RESOLUTION NO. 2018-33 Monitoring Notes: Mitigation Measure CR -2 The applicant shall invite representatives of the Amah Mutsun Tribal Band, the Amah Mutsun Tribal Band of Mission San Juan Bautista, and the Indian Canyon Mutsun Band of Costanoan, to be present during earth - moving activities associated with construction of the roundabout and the Class I bike path. Prior to issuance of a grading permit, the applicant shall provide evidence that all three tribes have been invited to be present, subject to review by the City of Gilroy Planning Division. Party Responsible for Implementation: Meritage Homes Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: Mitigation Measure GEO -1 Prior to issuance of a grading permit for the roundabout and /or bike path, project applicants shall prepare an erosion control plan consistent with the City's erosion control ordinance. The plan shall be subject to review and approval of the City of Gilroy Engineering Division and its implementation by project applicant shall be monitored by the City. Party Responsible for Implementation: Meritage Homes Party Responsible for Monitoring: Gilroy Engineering and Planning Divisions Monitoring Notes: Mitigation Measure U -1 Storm water detention shall be designed to prevent an increase in the 2 -year, 10 -year and 100 -year peak discharge for the project area (refinement of existing HPSP policy 8- 6), and consistent with the City of Gilroy Storm Water Management Guidance Manual For Low Impact Development & Post - Construction Requirements (March 6, 2014). Party Responsible for Implementation: Meritage Homes 4830 - 5629- 7838v2 JH104706089 RESOLUTION NO. 2018-33 Party Responsible for Monitoring: Gilroy Engineering Division Monitorinq Notes: Step 2 — During Construction the following mitigation measures shall be implemented: Mitigation Measure 13I0-3 (HPSP Policy 5 -43) For all proposed Class I bike path improvements adjacent to the Uvas Creek riparian corridor (westernmost limit of the bike path), which contains potential habitat for California tiger salamander, western spadefoot toad, yellow - legged frog, California red - legged frog, western pond turtle, steelhead, yellow- breasted chat, and /or yellow warbler, construction related activities should be conducted outside of the rainy season. Meritage Homes will retain a qualified biologist to monitor construction activities occurring within 100 feet of the Uvas Creek riparian corridor. If any special - status species are observed at the site, a qualified biologist will salvage and relocate individual(s) to an appropriate area outside of the construction zone. If California red - legged frog, a federally listed threatened species, or California tiger salamander, a federally and state - listed threatened species, are observed at the site, construction activities will be halted and the USFWS and /or CDFW shall be contacted for further assistance. Party Responsible for Implementation: Meritage Homes Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: Mitigation Measure CRA The applicant shall plant two replacement deodar cedar trees: one within the southerly portion of the roundabout and one on the southwest "corner" of the roundabout intersection, as presented in Appendix G of this initial study, to ensure visual continuity in the historic tree row. These trees shall be incorporated into the roundabout landscape plans, prior to approval by the City of Gilroy Engineering Division and Caltrans. Party Responsible for Implementation: Meritage Homes Party Responsible for Monitoring: Gilroy Engineering and Planning Divisions Monitoring Notes: 48305629- 7838v2 JH104706089 RESOLUTION NO. 2018-33 Mitigation Measure CR -3 If archaeological or cultural resources are discovered during earth ❑moving, grading, or construction activities, all work shall be halted within at least 50 meters (165 feet) at of the find and the area shall be staked off immediately. The monitoring professional archaeologist, if one is onsite, shall be notified and evaluate the find. If a monitoring professional archaeologist is not onsite, the City shall be notified immediately and a qualified professional archaeologist shall be retained (at Developer's expense) to evaluate the find and report to the City. If the find is determined to be significant, appropriate mitigation measures shall be formulated by the professional archaeologist and implemented by the responsible party. Party Responsible for Implementation: Meritage Homes Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: Mitigation Measure CR-4 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 earth - moving, grading, or construction activities, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation 4830- 5629- 7838v2 JH104706089 RESOLUTION NO. 2018-33 within 48 hours after being notified by the commission; b) the descendant 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: Meritage Homes Party Responsible for Monitoring: Gilroy Planning Division Monitorinq Notes: (End of Exhibit A) 4830 - 5629- 7838v2 JH104706089 RESOLUTION NO. 2018-33 Community Development Department Planning Division (408) 846 -0451 MITIGATED NEGATIVE DECLARATION Project Location: Location: Hecker Pass Specific Plan area (Hecker Pass Highway — State Route 152) Entity or Person(s) Undertaking Project: Name: Meritage Homes (c /o Mark Currington, Forward Planning Manager) Address: 2603 Camino Ramon, Suite 140, San Ramon, CA 94583 Staff Planner: Stuart Poulter, Contract Planner City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 City File Number: Z 16 -02 Project Description: Name of Project: Hecker Pass Specific Plan Amendment — Roundabout, Bike Path, Fencing Language, and Traffic Mitigation Nature of Project: The proposed project includes four components: 1) Changing the planned Hecker Pass Highway and Autumn Drive intersection from a standard intersection to a one -lane roundabout; 2) Addition of a Class I bike path south of Hecker Pass Highway (State Route 152); 3) Changes to specific plan language related to fencing within the Hecker Pass Highway setback corridor, as well as other fencing restriction modifications in the specific plan; and 4) Elimination of two specific plan EIR transportation- related mitigation measures. Project Location: Location: Hecker Pass Specific Plan area (Hecker Pass Highway — State Route 152) Entity or Person(s) Undertaking Project: Name: Meritage Homes (c /o Mark Currington, Forward Planning Manager) Address: 2603 Camino Ramon, Suite 140, San Ramon, CA 94583 Staff Planner: Stuart Poulter, Contract Planner Hecker Pass Specific Plan Amendment (Z 16 -02) 2 August 6, 2018 Mitigated Negative Declaration 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 attached. 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. On the basis of the whole record, there is no substantial evidence the project will have a significant effect on the environment. The following reasons will support these findings: ➢ The proposal is a logical component of the existing land use of this area. ➢ Identified adverse impacts are proposed to be mitigated and a mitigation monitoring and reporting program have been prepared. ➢ The proposed project is consistent with the adopted goals and policies of the General Plan of the City of Gilroy and the Hecker Pass Specific Plan. ➢ City staff independently reviewed the Initial Study, and this Negative Declaration reflects the independent judgment of the City of Gilroy. ➢ With the application of the following Mitigation Measures the proposed project will not have any significant impacts on the environment. ➢ The Gilroy Planning Division is the custodian of the documents and other material that constitute the record of proceedings upon which this decision is based. Aesthetics AES -1. The design of the fencing associated with the roundabout project must be in compliance with the fencing restrictions of the specific plan. The following changes shall be made to the plans: The six -foot high chain link fence proposed along the northern boundary of the roundabout must be eliminated from the plans. If some type of fencing is required here by Caltrans or requested by the adjacent property owner associated with the roundabout design, it must be in compliance with the fencing modifications proposed as part of this project, if the fencing modifications are approved by the City Council. If the fencing modifications are not approved by the City Council, the design of the fence shall be subject to review and approval by the City of Gilroy Planning Manager or her designee, and must meet the rural landscape design requirements associated with all development in the specific plan area. Parry Responsible for Implementation: Meritage Homes Party Responsible for Monitoring: Gilroy Planning Division Hecker Pass Specific Plan Amendment (Z 16 -02) 3 August 6, 2018 Mitigated Negative Declaration AES -2. The design of the fencing associated with the bike path project must be in compliance with the fencing restrictions of the specific plan. The following changes shall be made to the plans: Any new fencing proposed as part of the project, including but not limited to the proposed fencing along the southern boundary of the bike path, must be consistent with the fencing restrictions in the specific plan, subject to review and approval by the City of Gilroy Planning Manager or her designee. Party Responsible for Implementation: Meritage Homes Party Responsible for Monitoring: Gilroy Planning Division Air Quality AQ -1. The applicant shall specify in project plans the implementation of the following dust control measures during grading and construction activities for any proposed development. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Planning Division: The following measures shall be implemented at all construction sites: • Water all active construction areas at least twice daily; • Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; • Pave, apply water three times daily, or apply (non- toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; • Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; • Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets; • Hydroseed or apply (non - toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); • Enclose, cover, water twice daily or apply (non- toxic) soil binders to exposed stockpiles (dirt, sand, etc.); • Limit traffic speeds on unpaved roads to 15 mph; • Install sandbags or other erosion control measures to prevent silt runoff to public roadways; • Replant vegetation in disturbed areas; • Place a minimum of 100 linear feet of 6 to 8 inch average diameter cobble at all exit points to dislodge and trap dirt from vehicle tires; Hecker Pass Specific Plan Amendment (Z 16 -02) 4 August 6, 2018 Mitigated Negative Declaration • 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 any one time. Parry Responsible for Implementation: Applicant Parry Responsible for Monitoring: Gilroy Planning Division Biological Resources 1310- 1. (HPSP Policy 5 -44) Pre - construction surveys for protected birds shall be conducted for improvements or development proposed in or adjacent to potential nesting habitat (i.e., riparian woodland) if development is proposed during the nesting and/or breeding season of loggerhead shrike (generally February through June) or raptors (generally March through August). If any active nests are found within the survey area, at the discretion of the biologist, clearing and construction within 250 feet shall be postponed or halted until nests are vacated and juveniles have fledged, and there is no evidence of a second attempt at nesting. Party Responsible for Implementation: Meritage Homes Party Responsible for Monitoring: Gilroy Planning Division BIO -2. (HPSP Policy 5 -40) Prior to construction of the roundabout and bike path, Meritage Homes will retain a qualified biologist to inform workers of potential presence of the special - status species, their protected status, work boundaries, and measures to be implemented to avoid loss of these species during construction activities. Parry Responsible for Implementation: Meritage Homes Parry Responsible for Monitoring: Gilroy Planning Division BIO -3. (HPSP Policy 5 -43) For all proposed Class I bike path improvements adjacent to the Uvas Creek riparian corridor (westernmost limit of the bike path), which contains potential habitat for California tiger salamander, western spadefoot toad, yellow - legged frog, California red - legged frog, western pond turtle, steelhead, yellow- breasted chat, and/or yellow warbler, construction related activities should be conducted outside of the rainy season. Meritage Homes will retain a qualified biologist to monitor construction activities occurring within 100 feet of the Uvas Creek riparian corridor. If any special - status species are observed at the site, a qualified biologist will salvage and relocate individual(s) to an appropriate area outside of the construction zone. If California red - legged frog, a federally listed threatened species, or California tiger salamander, a federally and state - listed threatened species, are observed at the site, construction activities will be halted and the USFWS and/or CDFW shall be contacted for further assistance. Hecker Pass Specific Plan Amendment (Z 16 -02) 5 August 6, 2018 Mitigated Negative Declaration Party Responsible for Implementation: Meritage Homes Party Responsible for Monitoring: Gilroy Planning Division BIO -4. (Consolidated Landscaping Policy) Prior to issuance of grading permits for the roundabout and bike path, the applicant shall submit a tree replacement plan to mitigate for removing 39 significant trees. The final plan shall identify the species, size, numbers, and locations for the replacement trees, and will be subject to review and approval by the Planning Manager. The tree replacement plan shall be implemented with construction of the roundabout and bike path. Party Responsible for Implementation: Meritage Homes Party Responsible for Monitoring: Gilroy Planning Division BIO -5. (HPSP Policy 7 -9) Prior to the commencement of construction activities, the protected zone of any tree or group of trees to be retained should be fenced to prevent injury to the trees during construction under the supervision of an arborist. Soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/or dumping of materials shall not be allowed within the protected zone. The fencing shall remain in place until all construction activities are complete. Party Responsible for Implementation: Meritage Homes Party Responsible for Monitoring: Gilroy Planning Division Cultural Resources CR -1. The applicant shall plant two replacement deodar cedar trees: one within the southerly portion of the roundabout and one on the southwest "corner" of the roundabout intersection, as presented in Appendix G of this initial study, to ensure visual continuity in the historic tree row. These trees shall be incorporated into the roundabout landscape plans, prior to approval by the City of Gilroy Engineering Division and Caltrans. Party Responsible for Implementation: Meritage Homes Party Responsible for Monitoring: Gilroy Planning Division CR -2 The applicant shall invite representatives of the Amah Mutsun Tribal Band, the Amah Mutsun Tribal Band of Mission San Juan Bautista, and the Indian Canyon Mutsun Band of Costanoan, to be present during earth- moving activities associated with construction of the roundabout and the Class I bike path. Prior to issuance of a grading permit, the applicant shall provide evidence that all three tribes have been invited to be present, subject to review by the City of Gilroy Planning Division. Hecker Pass Specific Plan Amendment (Z 16 -02) 6 August 6, 2018 Mitigated Negative Declaration Party Responsible for Implementation: Meritage Homes Parry Responsible for Monitoring: Gilroy Planning Division CR -3 If archaeological or cultural resources are discovered during earth- moving, grading, or construction activities, all work shall be halted within at least 50 meters (165 feet) at of the find and the area shall be staked off immediately. The monitoring professional archaeologist, if one is onsite, shall be notified and evaluate the find. If a monitoring professional archaeologist is not onsite, the City shall be notified immediately and a qualified professional archaeologist shall be retained (at Developer's expense) to evaluate the find and report to the City. If the find is determined to be significant, appropriate mitigation measures shall be formulated by the professional archaeologist and implemented by the responsible party. Parry Responsible for Implementation: Meritage Homes Party Responsible for Monitoring: Gilroy Planning Division CR -4 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 earth - moving, grading, or construction activities, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 48 hours after being notified by the commission; b) the descendant 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. Hecker Pass Specific Plan Amendment (Z 16 -02) 7 August 6, 2018 Mitigated Negative Declaration Party Responsible for Implementation: Meritage Homes Party Responsible for Monitoring: Gilroy Planning Division Geology and Soils GEO -1. Prior to issuance of a grading permit for the roundabout and/or bike path, project applicants shall prepare an erosion control plan consistent with the City's erosion control ordinance. The plan shall be subject to review and approval of the City of Gilroy Engineering Division and its implementation by project applicant shall be monitored by the City. Parry Responsible for Implementation: Meritage Homes Party Responsible for Monitoring: Gilroy Engineering Division Noise N -1. All noise generating construction activities shall be limited to weekdays between 7:00 AM and 7:00 PM, and to Saturdays between 9:00 AM and 7:00 PM. No construction is allowed on Sundays or city holidays. In addition, temporary berms or noise attenuation barriers shall be utilized when necessary. This requirement shall be attached as a contractor work specification for all projects. Parry Responsible for Implementation: Meritage Homes Parry Responsible for Monitoring: Gilroy Planning Division Utilities and Service Systems U -1. Storm water detention shall be designed to prevent an increase in the 2 -year, 10- year and 100 -year peak discharge for the project area (refinement of existing HPSP policy 8 -6), and consistent with the City of Gilroy Storm Water Management Guidance Manual For Low Impact Development & Post - Construction Requirements (March 6, 2014). Party Responsible for Implementation: Meritage Homes Party Responsible for Monitoring: Gilroy Engineering Division Date Prepared: March 27, 2018 End of Review Period: April 30, 2018 Date Adopted by City Council: August 6, 2018 Susan O'Strander Planning Division Manager sue.ostrander @ci.gilroy.ca.us I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2018 -33 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 6h day of August, 2018, 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 8h day of August, 2018. Shawna Freels, MMC City Clerk of the City of Gilroy (Seal)