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)