The URL can be used to link to this page

Resolution 2018-34RESOLUTION NO. 2018-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY TO APPROVE ZONING AMENDMENT APPLICATION (Z 16 -02), AND ADOPT THE MITIGATION MONITORING AND REPORTING PROGRAM, 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. 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, the Planning Commission of the City of Gilroy considered the Zoning Amendment/Specific Plan Amendment request ( "Z 16 -02 ") in accordance with the state law, and other applicable standards and regulations; 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) has 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 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 4838-2123-37742 JH1047060 83 RESOLUTION NO. 2018 -34 060 2 WHEREAS, a mitigation monitoring and reporting plan (MMRP) has been prepared, consistent with the Hecker Pass Specific Plan Amendment (Z 16 -02) Mitigated Negative Declaration; 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 mitigated negative declaration, approval of Z 16 -02, subject to the following conditions, and adoption of the mitigation monitoring and reporting program; 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 approves the Zoning Amendment/Specific Plan Amendment application Z 16 -02, which amends the Hecker Pass Specific Plan as attached in Exhibit A of this resolution and are subject to the conditions listed below, and further subject to the Hecker Pass Specific Plan Amendment MMRP, attached hereto as Exhibit B. PLANNING SPECIAL CONDITIONS 1. The City of Gilroy Planning Division shall have administrative approval of any and all proposals for fencing/walls within the Hecker Pass Specific Plan Area. (PL, PL -1) 2. All references in the specific plan to the Hecker Pass Highway /Third Street intersection/roundabout shall be changed back to Hecker Pass Highway /Autumn Drive. (PL, PL -2) 3. The applicant shall provide the city with three (3) amended hard copies and an electronic copy in Microsoft Word of the complete Hecker Pass Specific Plan with updated approval dates and appendices. These copies shall be subject to administrative review by City of Gilroy Planning Division staff, prior to issuance of any further permits within the specific plan area. (PL, PL -3) 4. The new proposed changes regarding existing structures within the 115 -foot setback requested by the applicant on April 25, 2018 are not under consideration with this application and therefore, not approved. These proposed changes include, but may not have been limited to, the following pages, polices, and figures: Policy 4 -4 (page 4 -10), new Figure 4 -4(a) (no page number), Policy 5 -61 and associated discussion (page 5- 31),text on page 7 -17, and various discussions throughout the specific plan associated with this issue. (PL, PL -4) PLANNING ENVIRONMENTAL CONDITIONS JH\047060 3774v2 RESOLUTION NO. 2018 -34 JH104706083 3 5. 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. (PL, MND MM AES -1) (PL, PL -5) 6. 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. (PL, MND MM AES -2) (PL, PL -6) 7. 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: a. Water all active construction areas at least twice daily; b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; c. 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; d. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets; f. Hydroseed or apply (non- toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); g. Enclose, cover, water twice daily or apply (non- toxic) soil binders to exposed stockpiles (dirt, sand, etc.); h. Limit traffic speeds on unpaved roads to 15 mph; i. Install sandbags or other erosion control measures to prevent silt runoff to public roadways; JH\047060 3774v2 RESOLUTION NO. 2018 -34 JH104706083 4 j. Replant vegetation in disturbed areas; k. 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; 1. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and m. Limit the area subject to excavation, grading and other construction activity at any one time. (PL, MND MM AQ -1) (PL, PL -7) 8. (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. (PL, MND MM BI0-1) (PL, PL -8) 9. 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. (PL, MND MM BIO -2) (PL, PL -9) 10. 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. (PL, MND MM BIO -3) (PL, PL- 10) 11. 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. (PL, MND MM 13I04) (PL, PL -11) 12. 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 3774v2 H047060 RESOLUTION NO. 2018 -34 JH104706083 6 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. (PL, MND MM BIO -5) (PL, PL -12) 13. 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. (PL, MND MM CR -1) (PL, PL-13) 14. 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. (PL, MND MM CR -2) (PL, PL -14) 15. 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 fmd is determined to be significant, appropriate mitigation measures shall be formulated by the professional archaeologist and implemented by the responsible party. (PL, MND MM CR -3) (PL, PL -15) 16. 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 3774u2 H047060 RESOLUTION NO. 2018 -34 JH104706083 I 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." (PL, MND MM CR- 4) (PL, PL -16) 17. 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. (PW, MND MM GEO -1) (PL/PW, PL -17) 18. 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. (PL, MND MM N -1) (PL, PL -18) 19. 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). (PW, MND MM U -1) (PL/PW, PL -19) 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 4838-2123-3774v2 JH1047060 83 RESOLUTION NO. 2018 -34 060 EXHIBIT A Hecker Pass Specific Plan Amendment (Zoning Amendment) Z 16 -02 ( #16020011) City Approved Text Amendments (Approved Text Amendments Attached) 3774v2 M047060 RESOLUTION NO. 2018 -34 JH104706083 A c k n o w l e d g m e n t s City Council 1999 - 2001 Planning Commission 1999 - 2001 Belinda Allen, Chairperson Thomas W. Springer, Mayor Guadalupe Arellano John Cabellos, Vice Chair Peter Arellano Cat Tucker Charles S. Morales Thomas Boe Al Pinheiro Paul Correa Anthony Sudol Craig Gartman Roland Velasco Joan Lewis City Council 2001 - 2003 Planning Commission 2001 - 2003 Thomas W. Springer, Mayor Belinda Allen, Chairper son Robert Dillon John Cabellos, Vice Chair Peter Arellano Cat Tucker Charles S. Morales Thomas Boe Al Pinheiro Paul Correa Craig Gartman Russ Valiquette Roland Velasco Joan Lewis City Council 2003 - 2005 Planning Commission 2003 - 2005 Al Pinheiro, Mayor Thomas Boe, Chairperson Robert Dillon Norman Thompson , Vice Chair Paul Correa Cat Tucker Charles S. Morales Tim Day Russ Valiquette Joan M. Lewis Craig Gartman Dion Bracco Roland Velasco Ermelindo Puente Specific Plan Advisory Committee (SPAC) Sharon Albert, General Plan Update Committee Kirsten Carr, Gilroy Visitors Bureau Chris Easton, Coastal Rim Properties Ernie Filice, Property Owner Joe Giacalone, Property Owner Joel Goldsmith, Property Owner Jim H oey, Property Owner Susan Jacobsen, Gilroy Chamber of Commerce Bill Lindsteadt, Gilroy Economic Development Corporation Lael McCormack, Gilroy Parks and Recreation Department Robert Miller, Citizens for Balanced Growth James Suner, Property Owner Lynda Tre lut, Bonfante Gardens Chris Vanni, Property Owner Steve White, South Valley Community Church Luis Sandoval, Hispanic Chamber of Commerce Guadalupe Arellano, Gilroy City Council Al Pinheiro, Gilroy City Council Joanie Lewis, Gilroy Planning Commission City Staff Jay Baksa, City Administrator Norman Allen, Community Development Director Wendy Rooney, Community Development Director William Faus, Planning Division Manager Bill Headley, Facilities & Parks Development Manager Rick Smelser, City Engineer Kris ti Abrams, Traffic Engineer Melissa Durkin, Planner II Roberta Kyle, Administrative Secretary Kelly Felice, Planning Division Clerk Hecker Pass Property Owners Ernie Filice, Filice Family Patty Filice, Filice Family Joe Giacalone, Representing Joe Giacalone and Don Christopher Joel Goldsmith, Goldsmith Seeds, Inc. Jim Hoey, Hoey Family James Suner, Representing Lone Oak Homeowners Chris Vanni, Vanni Family Steve White, South Valley Community Church Eric Smith, South Valley Community Church Anthony L una, Arias family Consultants Ruggeri - Jensen - Azar & Associates, Land Planning and Civil Engineering ENGEO Incorporated, Geotechnical Engineer EMC Planning Group, Environmental Consultant Higgins Associates, Traffic Engineer Aitken and Associates, Landscape Architect David Kelley Environmental Sciences, Environmental Consultant Schaaf and Wheeler, H ydrology C onsultant Engineering Hydrosystems, H ydrology C onsultant ] [This Page Intentionally left blank 1 Introduction 1.1 PREFACE ……………………………………..………… …………….… 1 - 1 1.2 DESIGN THEMES …………………………..…………………… ….… 1 - 1 1.3 LEGAL CONTEXT.. ………………………..……………………… .… 1 - 2 1.3.1 AUTHORITY TO PREPARE …………………………………..…. 1 - 2 1.3.2 RELATIONSHIP TO THE GENERAL PLAN ………………..…. 1 - 2 1.3.3 ENVIRONMENTAL REVIEW… ……………………………..…. 1 - 3 1.4 REGULATORY FRAMEWORK ………..……………………….… 1 - 4 2 Planning Area Description 2 .1 LOCATION …………………………………..…………… …… …….… 2 - 1 2.2 TOPOGRAPHY ……………………………..………………… …….… 2 - 4 2.3 VEGETATION AND WILDL IFE ………..……………………….… 2 - 5 2 . 4 EXI STING LAND USES …………………..……………………….… 2 - 5 3 Land Use 3.1 P URPOSE ……………………………………..………… …………….… 3 - 1 3.2 LAND USE CONCEPT …………………..……………………….… 3 - 5 3.3 OPEN SPACE LAND USE ………………..……………………….… 3 - 7 3.3.1 UVAS CREEK SETBACK… …………………………………..…. 3 - 7 3.3.2 OPEN SPACE……………… …………………………………..…. 3 - 8 3.3.3 PARK/RECREATIONAL FA CILITY... ………………………..…. 3 - 8 3.4 AGRICULTURAL LAND US ES ………..………… …………….… 3 - 1 1 3.4.1 HECKER PAS AGRICULTU RE…... ... ………………………..…. 3 - 11 3.4.2 AGRICULTURAL COMMERCIAL ... ………………………..…. 3 - 12 3.4.3 AGRI - TOURIST COMMERCIAL.... ... ………………………..…. 3 - 12 3.4.4 AGRICULTURAL USE TAB LE....... ... ………………………..…. 3 - 14 3.5 RESIDENTIAL LAND USE ……………..……………………….… 3 - 1 6 3.5.1 HECKER PASS RESIDENT IAL CLUSTER………………….. …. 3 - 17 3.5.2 LOW DENSITY RESIDENT IAL OVERLY…………………..… . 3 - 2 2 3.5.3 HILLSIDE RESIDENTIAL …………………………………..…. 3 - 2 2 3.5.4 RESIDENTIAL USE TABL E…………………………………..…. 3 - 2 2 3.6 COMMUNITY FACILITIES ……………..……………………….… 3 - 24 4 Circulation and Transportation 4.1 INTRODUCTION …………………………..…………………… ….… 4 - 1 4.2 EXISTING ROAD SYSTEM ……………..……………………….… 4 - 1 4.3 CIRCULATION CONCEPT ……………..……………………….… 4 - 3 4.4 HECKER PASS HIGHWAY ……………..……………………….… 4 - 5 4.4.1 INTERSECTION IMPROVE MENTS ………………………..…. 4 - 5 4.4.2 HECKER PASS SETBACK CORRIDOR ……………………..…. 4 - 9 4.5 ROADWAY CHARACTER ……………..……………………….… 4 - 9 4.6 STREET CLASSIFICATIO N AND DESIGN GUIDELI NES .… 4 - 1 3 4.6.1 RURAL COLLECTOR ROAD (UNDIVIDED) ………………..…. 4 - 13 4.6.2 RURAL COLLECTOR ROAD (DIVIDED) …………………..…. 4 - 15 4.6.3 RURAL ENTRY ROAD (DI VIDED) …………………………..…. 4 - 17 4.6.4 RURAL ENTRY ROAD (UNDIVIDED) ……………………..…. 4 - 18 4.6.5 RURAL RESIDENTIAL RO AD ……………………………..…. 4 - 19 4.6.6 RESIDENTIAL CLUSTER ROAD (PUBLIC OR PRIV ATE) ..…. 4 - 2 1 4.6.7 PRIVATE ACCESS ROAD …………………………………..…. 4 - 2 4 4.6.8 AGRICULTURAL MAINTEN ANCE ROAD ………………..…. 4 - 2 5 4.7 CIRCULATION SYSTEM I MPLEMENT ATION …………….… 4 - 26 4.8 TRANSIT SERVICE ………………………..……………………… .… 4 - 26 4.9 PEDESTRIAN AND BICYC LE CIRCULATION …………….… 4 - 28 5 Conservation and Resource Management 5.1 INTENT ……………………………………..………… …………….… 5 - 1 5.2 AGRICULTURAL AND OPE N SPACE AREAS … ………….… 5 - 1 5.2.1 AGRICULTURAL RESOURC ES ……………………………..…. 5 - 3 5.2.1.1 Agricultural Access......................... …………………..…. 5 - 5 5.2.1.2 Agricultural Ownership and Maintenance……………..…. 5 - 5 5.2.1.3 Agricultural Management………………………..…. 5 - 6 5.2.2 OPEN SPACE RESOURCE S …………………………………..…. 5 - 7 5.2.2.1 Open Space Access............... ………………………..…. 5 - 9 5.2.2.2 Ownership and Maintenance of Open Space ………..…. 5 - 10 5.3 GEOLOGY, SOILS, GRAD ING ………..……………………….… 5 - 1 1 5.3.1 SOILS STABILITY..... .......... .. ………………………………..…. 5 - 12 5.3.2 EROSION............. ................. .. ………………………………..…. 5 - 13 5.4 NATURAL RESOURCE PRO TECTION ……………………….… 5 - 1 5 5.4.1 RIPARIAN HABITATS ..………………………………..…. 5 - 16 5.4.2 GRASSLANDS AND OAK W OODLANDS ………………..…. 5 - 2 1 5.5 COMPOSITE UVAS CREEK SETBACK …………………….… 5 - 22 5.6 CULTURAL RESOURCES ……………..……………………….… 5 - 25 5.6.1 HISTORIC AND CULTURA L RESOURCES ………………..…. 5 - 2 5 5.6.2 VISUAL RESOURCES.... ...... ..………………………………..…. 5 - 2 8 5.7 PUBLIC SAFETY …………………………..…………………… ….… 5 - 3 3 5.7.1 FIRE................ .................... ...... ..………………………………..…. 5 - 3 3 5.7.2 NOISE............... .................... .... ..………………………………..…. 5 - 3 7 5.7.3 HAZARDOUS MATERIALS ..………………………………..…. 5 - 39 6 Community Services and Facilities 6.1 PARKS AND OPEN SPACE ………..……………………….… 6 - 1 6.1.1 UVAS CREEK PARK RESE RVE AND LINEAR PARK …..…. 6 - 2 6.1.2 HECKER PASS NEIGHBOR HOOD PARK …………………..…. 6 - 4 6.1.3 OTHER PARKS AND OPEN SPACE ………………………..…. 6 - 5 6.2 SCHOOLS …………………………………..…………… ………….… 6 - 5 6.2.1 PUBLIC SCHOOLS............. ...………………………………..…. 6 - 5 6.2.2 PROJECTED PUBLIC SCH OOL FACILITIES ……………..…. 6 - 5 6.2.3 FINANCING PUBLIC SCH OOL IMPROVEMENTS ………..…. 6 - 6 6.3 POLICE PROTECTION …………………..……………………….… 6 - 6 6.4 FIRE PROTECTION ………………………..……………………… .… 6 - 6 6.5 CHURCH ……… ……………………………..………………… …….… 6 - 7 6.6 NEARBY COMMUNITY SER VICE AND FACILITY …….… 6 - 7 6.6.1 BONFANTE GARDENS AND THEME PARK ……………..…. 6 - 7 6.6.2 GOLF COURSES........ ........... ..………………………………..…. 6 - 8 7 Community Design 7.1 INTRODUCTION … ………………………..……………………… .… 7 - 1 7.1.1 ENVIRONMENT......... .......... ..………………………………..…. 7 - 2 7.1.2 HISTORY............. .................. ..………………………………..…. 7 - 2 7.1.3 AGRICULTURE......... ........... ..…………………………… …..…. 7 - 3 7.1.4 LIVABLE COMMUNITIES. . ..………………………………..…. 7 - 3 7.2 RESIDENTIAL DESIGN GUIDELINES . ........... ……………….… 7 - 4 7.2.1 HEIGHT AND SETBACK R EQUIREMENTS ………………..…. 7 - 5 7.2.2 ARCHITECTURE........ ........... ..………………………………..…. 7 - 7 7.2.3 RESIDENTIAL PARKING AREAS AND GARAGES ………..…. 7 - 15 7.3 AGRI - TOURIST AND AGRICULT URAL COMMERCIAL DESIGN GUIDELINES …………………..……………………….… 7 - 1 6 7.3.1 DEVELOPMENT PATTERN ..………………………………..…. 7 - 16 7.3.2 SETBACK AND BUILDING REQUIREMENTS ……………..…. 7 - 19 7.3.3 ARCHITECTURE........ ............ ..………………………………..…. 7 - 2 1 7.3.4 PARKING............. .................... ..………………………………..…. 7 - 2 2 7.4 LANDSCAPING ……………………………..………………… ……. … 7 - 23 7.4.1 LANDSCAPING THEMES ..………………………………..…. 7 - 2 3 7.4.2 LANDSCAPING CONCEPT ..………………………………..…. 7 - 2 6 7.4.3 PLANTING MATERIALS ..………………………………..…. 7 - 2 6 7.4.4 ROADWAY LANDSCAPING ..………………………………..…. 7 - 36 7.4.5 FENCING .................... ........... ..………………………………..…. 7 - 40 7.4.6 SIGNAGE............. ................... ..………………………………..…. 7 - 4 2 7.4.7 LIGHTING............ .................. ..………………………………..…. 7 - 4 4 7.4.8 STREET FURNITURE.... ....... ..………………………………..…. 7 - 4 5 7.4.9 PAVING MATERIALS. ......... ..………………………………..…. 7 - 4 6 8 Public Utilities 8.1 WATER... ……………………………………..………… …………….… 8 - 1 8.1.1 WELL WATER.......... ............. ..…… …………………………..…. 8 - 1 8.1.2 POTABLE WATER....... ...........……………………… ………..…. 8 - 3 8.1.3 RECYCLED WATER............... ………………………………..…. 8 - 5 8.2 STORM DRAINAGE ……………………..………………………. … 8 - 7 8.2.1 BEST MANAGEMENT PRAC TICES………………………..…. 8 - 11 8.3 SANITARY SEWER ………………………..……………………… .… 8 - 1 3 8.4 SOLID WASTE ……………………………..………………… …….… 8 - 1 5 8.5 GAS, ELECTRIC, AND CABLE TELEVISION …………….… 8 - 1 5 9 Implementation and Financing 9.1 INTRODUCTION …………………… ……..……………………….… 9 - 1 9.2 SUMMARY OF THE IMPLE MENTATION PROCESSES. . .… 9 - 1 9.3 ELEMENTS OF THE IMPL EMENTATION PROCESS …….… 9 - 2 9.4 FINANCING INTRODUCTI ON ………..……………… ……….… 9 - 4 9.5 FINANCING OVERVIEW ………………..……………………….… 9 - 4 9.6 SPECIFIC PLAN PHASIN G ……………..……………………….… 9 - 6 9.7 ON - GOING MAINTENANCE …………..……………………….… 9 - 1 1 9.8 MITIGATION & MONITOR ING PROGRAM POLICIES ….… 9 - 1 1 9.8.1 INTRODUCTION........ ........... ..………………………………..…. 9 - 1 1 9.8.2 MONITORING PROGRAM.. . ..………………………………..…. 9 - 12 9.8.3 MONITORING PROGRAM P ROCEDURES ………………..…. 9 - 12 9.8.4 HECKER PASS SPECIFIC PLAN MITIGATION MONI TORING CHECKLIST .................... ....... ..……………………… ………..…. 9 - 13 Works Consulted Exhibit “A” – Mitigation Monitoring Program Policies Addendums Addendum A EIR R esolution N o . 2005 - 02 Addendum B G eneral P lan R esolution N o . 2005 - 03 Addendum C Zoning Ordinance No . 2005 - 02 Addendum D EIR Resolution N o . 2009 - 32 Addendum E Special Exemption Resolution No. 2009 - 34 Addendum F General Plan Resolution No. 2009 - 33 Addendum G Zoning Ordinance No. 2015 - 05 Addendum H General Plan Resolution No. 2015 - 21 Addendum I Zoning Amendment Mitigation Monitoring and Reporting Program Resolution No. 2018 - 33 Addendum J Zoning Amendment Resolution No. 2018 - 34 List of Tables 3 - 1: Land Use ……………………………………..………… …………….… 3 - 1 3 - 2 : Agriculture Use Table ………………………..……………………… .… 3 - 1 4 3 - 3 : Residential Cluster Lot Size Requirements …. .……………………….… 3 - 21 3 - 4 : Residential Use Table ………………………..……………………… .… 3 - 23 5 - 1: Agricultur al and Open Space Areas …………..……………………….… 5 - 2 7 - 1: Minimum Residential Site and Building Requirements … …………….… 7 - 6 7 - 2 : Minimum Agri - tourist, Agricultural Commercial Site and Building Requirements ……………………..………………………. … 7 - 20 8 - 1: Projected Average Potable Water Demand ……..……………………….… 8 - 4 8 - 2 : Projected Average Sanitary Sewer Demand.. …..……………………….… 8 - 1 4 List of Figures 2 - 1: Location Map …………………………………..…………… ………….… 2 - 1 2 - 2 : Specific Plan and Surrounding Uses …………..……………………….… 2 - 3 2 - 3 : Property Ownership ……………………………..………………… …….… 2 - 7 3 - 1: Land Use Map …………………………………..…………… ………….… 3 - 3 3 - 2 : Cluster Concept ………………………………..……………… ……….… 3 - 6 3 - 3 : Uvas Creek Park Preserve and Linea r Park Cross Section …………….… 3 - 10 3 - 4 : Estate Home v. Townhome ……………………..………………………. … 3 - 1 7 3 - 5 : Distribution of New Housing Types Within Entire Specific Plan Area . .… 3 - 1 9 3 - 6 : Distribution of New Housing Types by Residential Cluster …………….… 3 - 20 4 - 1: Conceptual Circulation Plan …………………..……………………….… 4 - 3 4 - 2 : Conceptual Highway 152/ Autumn Drive Intersection Roundabout ……... 4 - 7 4 - 4 : Hecker Pass Highway Setback Corridor ………..……………………….… 4 - 9 4 - 5 : General Roundabout Configuration ……………..……………………….… 4 - 1 2 4 - 6 : Typical Rural Collector Road (Undivided) – East/West Portions ……….… 4 - 1 4 4 - 7 : Typical Rural Collector Road (Undivided) – North/South Portions …….… 4 - 1 5 4 - 8 : Typical Rural Collector Road (Divided) – E ast/West Portions ………….… 4 - 1 6 4 - 9 : Typical Rural Collector Road (Divided) – North/South Portions ……….… 4 - 1 6 4 - 10 : Typical Rural Entry Road (Divided) …………..……………………….… 4 - 1 7 4 - 1 1 : Typical Rural Entry Road (Undivided) ………..……………………….… 4 - 18 4 - 1 2 : Typical Rural Residential Road with Parking Bays …………………….… 4 - 20 4 - 1 3 : Typical Rural Residential Road without Parking Bays ………………….… 4 - 20 4 - 1 4 : Typical Residential Cluster Road ……………..……………………….… 4 - 21 4 - 1 5 : Typical Residential Cluster Road with Monolithic Sidew alk ………….… 4 - 22 4 - 1 6 : Typical Residential Cluster Road with Detached Sidewalk …………….… 4 - 22 4 - 1 7 : Typical Residential Cluster Road with Detached Sidewalk and Parking on One Side ………………………..……………………….… 4 - 23 4 - 1 8 : Typical Residential Cluster Road with Detached Sidewalk and Parking on Both Sides ……………………..……………………….… 4 - 23 4 - 1 9 : Typical Private Access Road …………………..……………………….… 4 - 24 4 - 20 : Typical Agricultural Maintenance Road ………..……………………….… 4 - 25 4 - 21 : Typical Bus Duckout …………………………..…………………… ….… 4 - 27 4 - 22 : Conceptual Trail System Plan …………………..…………… ………….… 4 - 29 4 - 23 : Uvas Creek Typical Class I Trail ………………..……………………….… 4 - 30 4 - 24 : Typical Private Trail …………………………..…………………… ….… 4 - 30 5 - 1: Open Space Types ……………………………..………………… …….… 5 - 8 5 - 2 : Habita t Types …………………………………..…………… ………….… 5 - 1 5 5 - 3 : Composite Setback ……………………………..………………… …….… 5 - 23 5 - 4 : Historic Resources ……………………………..………………… …….… 5 - 26 5 - 5 : Fire Hazard Reduction Zone …………………..……………………….… 5 - 3 4 5 - 6 : Noise Setbacks …………………………………..…………… ………….… 5 - 3 8 6 - 1: Public Parks and Open Space …………………..……………………….… 6 - 1 7 - 1: Example of Hillside Home ……………………..………………………. … 7 - 8 7 - 2 : Example of Zero Lot Line Homes ……………..……………………….… 7 - 9 7 - 3 : Example of Zipper Lot Line Homes …………..……………………….… 7 - 9 7 - 4 : Examp le of Courtyard Homes …………………..……………………….… 7 - 10 7 - 5 : Example of Duets ………………………………..……………… ……….… 7 - 1 0 7 - 6 : Example of Garden Townhome ………………..…………… ………….… 7 - 1 1 7 - 7 : Example of Carriage Homes …………………..……………………….… 7 - 1 1 7 - 8 : Example of Row Houses ………………………..……………………… .… 7 - 1 2 7 - 9 : Example of Duplex ……………………………..………………… …….… 7 - 1 3 7 - 1 0 : Example of Triplex ……………………………..………………… …….… 7 - 1 3 7 - 1 1 : Example of Apartments ………………………..……………………… .… 7 - 1 4 7 - 1 2 : Typical Roundabout Landscaping ……………..……………………….… 7 - 3 8 7 - 1 3 : Typical Street Light Fixture ……………………..………………………. … 7 - 4 4 8 - 1: Conceptual Potable Water ……………………..………………………. … 8 - 4 8 - 2 : Conceptual Recycled Water ……………………..………………………. … 8 - 7 8 - 3 : Preliminary Hydrology ………………………..……………………… .… 8 - 8 8 - 4 : Conceptual Storm Drain age ……………………..………………………. … 8 - 9 8 - 5 : Conceptual Sanitary Sewer ……………………..………………………. … 8 - 1 4 9 - 1: Basic Infrastructure Phasing …………………..……………………….… 9 - 7 9 - 2 : Conceptual Development Phasing Plan ………..……………………….… 9 - 9 Specific Plan Revisions Fir st Revision per General Plan Amendment 06 - 02 Resolution 2007 - 01 January 22, 2007 Second Revision per General Plan Amendment 07 - 05 Resolution s 2009 - 32 to 2009 - 34 August 18, 2009 Third Revision per General Plan Amendment 14 - 02 Resolution 2015 - 21 May 18, 20 15. Fourth Revision per Zoning Amendment 16 - 02 Resolution 2018 - 33 to 2018 - 34 August 6, 2018 ] [This Page Intentionally left blank 1 INTRODUCTION 1.1 PREFACE The Hecker Pass Specific Plan is the result of a nearly three - year effort by community members, property owners and City officials to create a plan that will provide the framework for future growth and development within approximately 423 acres at the western gateway to the City of Gi lroy, commonly referred to as the “Hecker Pass Area”. The Specific Plan provides a comprehensive land use program for the Hecker Pass Special Use District of the City of Gilroy General Plan . For the purposes of this document, the Hecker Pass Special Use District will be referred to as the “Specific Plan Area”. The Specific Plan also provides goals, policies and development standards to guide the future decision - making processes for the Specific Plan Area’s development as well as the conservation of nat ural resources and preservation of open space. In addition, the Specific Plan includes detailed information on infrastructure improvements and a strategy for ensuring the Specific Plan ’s implementation. 1.2 DESIGN THEMES The Hecker Pass Specific Plan reach es far beyond a land use policy document. The Specific Plan establishes design themes that have been woven into the fabric of the land use policies and design standards. The basic design themes include: 1. Environment 2. History 3. Agriculture 4. Livable Comm unities Hecker Pass contains some of the City’s most valuable environmental resources within the Uvas Creek corridor and the hillsides north of Hecker Pass Highway . The environmental design theme may be implemented through trails, kiosks, monuments, and restoration and enhancement projects. Hecker Pass also played an important role in the City’s history and remnants of this rich history still exist in the area today. The historic design theme may be implemented through historic walks, cultural resource preservation, historic education programs or the development of a historic center. Agriculture has historically been and continues to be the predominant use in the are a and provides Introduction 1 - 1 Final Hecker Pass Specific Plan August 2018 the scenic landscape and historical setting for this special area. Agricultural themes can be implemented through working farms, a viticulture center, farmer’s markets and other agriculture related activities and uses. Finally, “Liveable C ommunity” principles are utilized throughout the Specific Plan to encourage the compact land use patterns that ensure a mix of uses, minimize the impact of the automobile, and promote walking, bicycling, and transit access in order to protect the environme nt and increase quality of life, neighborhoods, and communities. Together, these themes combine to preserve the Hecker Pass Area as “The Jewel of Gilroy”. These design themes are discussed in detail in Chapter 7: Community Design. 1.3 LEGAL CONTEXT 1.3.1 AUT HORITY TO PREPARE A “specific plan” is a planning and regulatory tool made available to local governments by the State of California. By law, specific plans are intended to implement a city’s general plan through the developmen t of policies, programs and regulations that provide an intermediate level of detail between the general plan and individual development projects. State law stipulates that specific plans can only be adopted or amended if they are consistent with the city ’s adopted general plan. The authority to prepare and adopt specific plans and the requirements for its contents are set forth in California Government Code Sections 65450 through 65457. The law requires that the specific plan include text and diagrams s pecifying: The distribution, location and intensity of land uses and open space within the plan area; The distribution, location and capacity of infrastructure including transportation, water, storm drainage, sanitary sewer and other utilities; Design sta ndards and criteria for development and use of natural resources; and An implementation program including regulations, financing strategies and capital improvements plans. 1.3.2 RELATIONSHIP TO THE GENERAL PLAN Tog ether, the City of Gilroy General Plan and the Hecker Pass Specific Plan provide a framework to guide the future land use and development decisions in the Specific Plan Area. The General Plan has established the following goals for the Hecker Pass Area (See City of Gilroy General Plan page 3 - 33): Protect the area’s rural and agricultural character and scenic qualities, including its view corridors and natural features. Provide for an economic ally viable use of land for property owners. Capitalize on the areas’ unique potential as a year - round tourist draw. Ensure that the design of new developments respects and reflects the rural character of the area. Introduction 1 - 2 Final Hecker Pass Specific Plan August 2018 Pursue designation of Hecker Pass Highway (State Route 152) as a State Scenic Highway, and establish roadside development controls to protect its scenic qualities. Extend the Uvas Creek Park Preserve and trail to serve as part of the regional trail network and eventually connect with the Bay Ridg e Regional Trail. The Specific Plan is consistent with and serves as an extension of Gilroy’s General Plan and can be used as both a policy and regulatory document. When private development proposals for the Specific Plan Area are brought before the City, the planning staff will use the Specific Plan as a guide for project review. Proposed projects will be e valuated for consistency with the intent of the Specific Plan’s policies and for conformance with development standards and design guidelines. In situations where policies or standards relating to a particular subject have not been provided in the Specifi c Plan , the existing City policies and standards will continue to apply. 1.3.3 ENVIRONMENTAL REVIEW Under the California Environmental Qualit y Act (CEQA), the Hecker Pass Specific Plan is a “project” subject to evaluation of potential adverse impacts to the environment. The information obtained in a project’s environmental review provides decision makers with the insight necessary to guide pol icy development, thereby ensuring that the Specific Plan ’s policies will address and provide the means to avoid potential environmental impacts. The Hecker Pass Special Use District originally was evaluated as a component of the master Environmental Imp act Report (EIR) prepared as part of the City’s adoption of the General Plan update in 2002. The Specific Plan provides much more detail than the General Plan regarding the nature and extent of development in the Hecker Pass Special Use District. Theref ore, to evaluate potential environmental impacts arising from the more detailed Specific Plan , additional environmental review, in the form of a new EIR, was prepared concurrent with the Specific Plan and certified by the City Council on January 18, 2005. The first phase of the Specific Plan includes construction of the South Valley Community Church and School Facilities. To accommodate construction after Specific Plan approval, the new EIR provides a “project” level analysis of the proposed church and school. All other phases of the Specific Plan were analyzed at a “program” level. As specific development projects are proposed within the Hecker Pass Specific Plan Area, the City will evaluate what additional environmental review is required under CEQA in addition to the Specific Plan EIR to fully evaluate all details of the proposed construction. The exact document and process required will depend on the nature of the project and circumstances at the time. For additional information relating to the env ironmental analysis of the Specific Plan , refer to the Hecker Pass Specific Plan/South Valley Community Church Draft Environmental Impact Report and Hecker Pass Specific Plan/South Valley Community Church Final Environmental Impact Report , dated May 24, 20 04 and August 2004 respectively, prepared by EMC Planning Group, Inc. Although the EIR and the Specific Plan are separate documents, it is important to note that the environmental review process has been an integral component of the planning process to en sure the Specific Plan ’s sensitivity to critical environmental concerns. Notwithstanding that the EIR considers the church/school project in more detail, the Specific Plan was reviewed as a single Introduction 1 - 3 Final Hecker Pass Specific Plan August 2018 overall project consisting of several distinct areas with different property owners that are anticipated to be developed over an extended period of time. This approach enables the City to comprehensively evaluate the cumulative impacts of the Specific Plan and consider broad policy alternatives and area - wide mit igation measures prior to adoption of the Specific Plan . 1.4 REGULATORY FRAMEWORK The Hecker Pass Specific Plan is the mechanism designated by the City of Gilroy General Plan for implementing the goals and policies for the Hecker Pass Area. While the General Plan provides guidance for establishing specific zoning and development controls, the City’s Zoning Ordinance does not include zoning districts that allow for the clustered residential and agri - tourist uses envisioned for this unique area. Additio nally, City standards do not provide for the rural road design guidelines shown in the Specific Plan . The intent of this Specific Plan is to establish use controls, density limits, and development standards and guidelines for uses that do not fall under e xisting zoning designations. The goals, policies, and standards of the Specific Plan will be implemented through Hecker Pass Special Use District \ Planned Unit Development (HPSUD \ PUD) rezoning, tentative maps, and architectural and site approvals. In orde r to preserve agricultural uses in the Specific Plan Area, the Specific Plan has created a special “Hecker Pass Agriculture (HPA)” land use designation which restricts uses to limited types of agriculture and other agricultural related ancillary uses (see Chapter 3 Land Use for detailed land use descriptions). By establishing permanent land use boundaries for agriculture and development clusters, the Specific Plan will preserve the rural agricultural character and scenic qualities of Hecker Pass. The Lan d Use Diagram in Chapter 3 (Figure 1 - 3) shows the distribution and location of the various land use components that comprise the Specific Plan Area. Together with the development policies and design standards of the Specific Plan , the “Land Use Diagram” wi ll implement the following design principles that form the foundation of the Specific Plan : Preservation of agricultural lands along the Hecker Pass Corridor; Buffering of future development both visually and physically from Hecker Pass Highway; Preserva tion of key view corridors, protection of environmentally sensitive habitats and the establishment of cohesive and interconnected open space areas; Establishment of a development pattern that is consistent with the rural agricultural setting of the Hecker Pass Area; Connection of all land uses through an extensive public trail system; Alignment and traffic calming design of the Third Street extension; and Creation of a financially feasible development plan that maximizes agricultural land and open space areas. Through implementation of the Land Use Chapter and application of the Community Design guidelines within this document, the Specific Plan will ensure that the City of Gilroy General Plan goals for the Hecker Pass Special Use District will be achi eved. Introduction 1 - 4 Final Hecker Pass Specific Plan August 2018 2 PLANNING AREA DESCRIPTION 2.1 LOCATION Hecker Pass is located within the City of Gilroy near the western city limit. Figure 2 - 1 illustrates the regional location of the Hecker Pass Area. F i g u r e 2 - 1 : L o c a t i o n M a p Planning Area Description 2 - 1 Final Hecker Pass Specific Plan August 2018 The Hecker Pass Specific Plan covers all of the areas designated as “Hecker Pass Special Use District” on the “City of Gilroy General Plan Land Use Map”. The Specific Plan also takes into con sideration Bonfante Gardens, the municipal Golf Course, and the property between the “Hecker Pass Special Use District” and Santa Teresa Boulevard (the Village Green property). These land uses are important to consider since their interface plays an import ant role in how the Specific Plan was designed. The Village Green Property, currently under construction at the southwest corner of Hecker Pass Highway and Santa Teresa Boulevard, includes a 3 - story state - of - the - art Alzheimer Facility, 75 senior apartme nts, and 76 senior patio homes. This very dense urban development forms a strong urban interface to the rural Specific Plan Area. Rather than creating a hard edge, the Specific Plan gradually transitions the intensity of development from the Village Gree n project into the Specific Plan Area. Development immediately adjacent to Village Green will consist of less density and the incorporation of the rural design theme but will be more intense then development to the west, which will consist of agricultural fields and clustered residential units. This approach provides a more graceful entry into the Specific Plan Area and helps define the area as a gateway to the City. The Gilroy Golf Course, located north of Hecker Pass Highway and east of Burchell Road , and Bonfante Gardens Theme Park provide recreational amenities to the Specific Plan Area. These adjacent uses serve as a potential draw for tourist and Gilroy residents. Therefore, the Specific Plan sites agri - tourist commercial development adjacent to the Golf Course to further attract tourists and Gilroy residents to these uses. The Golf Course also adds to the overall scenic value of the Specific Plan Area. Figure 2 - 2 shows the Specific Plan Area in relationship to surrounding land uses. Planning Area Description 2 - 2 Final Hecker Pass Specific Plan August 2018 F i g u r e 2 - 2 : S p e c i f i c P l a n A r e a a n d S u r r o u n d i n g U s e s Planning Area Description 2 - 3 Final Hecker Pass Specific Plan August 2018 2.2 TOPOGRAPHY Hecker Pass Highway divides the Specific Plan Area into two sections. Areas north of Hecker Pass Highway consist of steep hillsides, most of which cannot be developed. The highest elevation is 442 feet above sea level. Some flatter portions suitable for development exist near Santa Teresa Boulevard and near the western boundary of the Specific Plan Area adjacent to the Municipal Golf Course. The southern portion of the Hecker Pass Area consists of flat lands, the Uvas Creek floodplain, and the Uvas Creek Riparian corridor. The lowest elevation, located near the southeastern portion of the site in Uvas Creek, is 203 feet above sea level. Planning Area Description 2 - 4 Final Hecker Pass Specific Plan August 2018 2.3 VEGETATION AN D WILDLIFE The Hecker Pass Special Use District is comprised of primarily agricultural lands, grasslands, oak woodlands, and riparian woodlands. The agricultural and horticultural lands that make up the majority of the Specific Plan Area contain predominantly cultivated fields and horticultural operations and do not contain naturally occurring species, nor do they provide suitable habitat for wildlife. These agricultural fields and the historic structures associa ted with these properties, however, contribute to the rural character of the area and provide the scenic qualities that have been valued by the Gilroy community. Uvas Creek and the riparian woodland, which form the southern and western boundaries of the S pecific Plan Area, contain the most environmentally sensitive habitat and provide much of the scenic qualities of the area. The hillsides north of Hecker Pass Highway provide a scenic backdrop for the Hecker Pass Area. These hillsides contain grasslands and oak woodlands, which also provide habitat for wildlife and plant species. EXISTING LAND USES 2.4 The Hecker Pass Specific Plan Area consists of 29 parcels owned by 24 individual property owners. Figure 2 - 3 shows the individual parcels and their prope rty owners. Numerous existing hillside residences and a Lutheran Church are located north of Hecker Pass Highway west of Santa Teresa Boulevard. A large portion of the steep hillsides north of Hecker Pass Highway has already been planned for development as part of the Country Estates and The Forest residential communities. The remaining lands north of Hecker Pass Highway are owned by the Hoey family and include the existing Hoey Ranch residence. The Gilroy Municipal Golf Course lies immediately west of the Hoey property, west of the Specific Plan Area. Planning Area Description 2 - 5 Final Hecker Pass Specific Plan August 2018 [This Page Intentionally Left Blank] Planning Area Description 2 - 6 Final Hecker Pass Specific Plan August 2018 [This Page Intentionally left blank] Planning Area Description 2 - 8 Final Hecker Pass Specific Plan August 2018 Most development within the Specific Plan Area has occurred south of Hecker Pass Highway. Uvas Creek and its associated riparian corridor form the southern and western boundary of these properties. Lands within the Specific Plan Area located south of Heck er Pass Highway consist of the following: The Village Green Property (Portion of APN 810 - 21 - 006): Approximately 7 acres of the Village Green property, located south of the Third Street Extension and consisting of natural riparian habitat, are located in the Specific Plan Area. South Valley Community Church (APN 810 - 21 - 004 & 005): Immediately west of Village Green, is the South Valley Community Church property (Formerly the Conrotto and Takeyatsu properties). This property currently consists of vacant la nds, fallow vineyards, two residences, and some dilapidated structures. The Filice Property (APN 810 - 21 - 003): West of the South Valley Community Church property is the Filice property, which remains undeveloped and consists of vineyards and some agricul tural land dry farmed with hay. The Vanni Property (APN 810 - 21 - 002): West of the Filice property is the Vanni property. The Vanni family is actively cultivating vineyards on this property as part of the Solis Winery. Goldsmith Seeds (APN 810 - 21 - 001 & 005): Goldsmith Seeds, Inc. is the most prominent development in the Specific Plan Area. Goldsmith Seeds, Inc. is an ongoing flower seed production, research, and development facility, which consists of numerous greenhouses, office buildings, a swimming pool and other recreational amenities, planted fields and demonstration gardens. The demonstration gardens already provide a major tourist draw to the Hecker Pass Area. The Arias Property (APN 810 - 20 - 004): The Arias property consists of a residence an d fallow agricultural fields. The Hoey Properties (APN 810 - 20 - 011 & 013): The Hoey family owns two large parcels south of Hecker Pass Highway in the western portion of the Specific Plan Area. These properties consist of a residence, a historic barn, va rious accessory structures, a tree farm, and fields of dry farmed hay. Castro, Thomas and Suner Properties (APN 810 - 20 - 007, 008, & 009): Two Oaks Lane forms the western edge of the Hoey properties and serves three existing residences (Castro, Thomas, and Suner). The Giacalone & Christopher property (APN 810 - 20 - 006): Two Oaks Lane also serves the Giacalone and Christopher property. South Valley National Bank/Raley’s Property (APN 810 - 20 - 015 & portions of 810 - 20 - 16 & 810 - 19 - 013): The most westerly prope rty in the Specific Plan Area is the South Valley National Bank/Raley’s Property, which is currently vacant. Bonfante Gardens Property (portion of APN 810 - 19 - 013): A small portion of Uvas Creek, owned by Bonfante Gardens Theme Park, extends into the Spe cific Plan Area. Since the lands north of Hecker Pass Highway consist primarily of steep hillsides, most of these lands have remained undeveloped. The limited development that has occurred north of Hecker Planning Area Description 2 - 9 Final Hecker Pass Specific Plan August 2018 Pass consists of hillside residential homes a nd a Lutheran Church. Properties within the Specific Plan Area located north of Hecker Pass Highway include the following: Hoey Property (APN 783 - 04 - 011): The Hoey Family also owns a parcel on the north side of Hecker Pass Highway that consist of a resid ence, a barn and hills used for grazing cattle. Country Estates (APN 783 - 45 - 044): A small portion of the Country Estates property lies directly east of the northerly Hoey property and remains undeveloped due to steep slopes. The Forest Properties (APN 783 - 03 - 003 & 070): The Gilroy Forest Development consists of hillside residential homes within a gated community. Existing homes within this development are all currently located outside of the Specific Plan Area and are accessed via Rancho Real on the nort h side of the hill (outside of the Specific Plan Area). Future hillside homes have been planned for the portion of the Forest within the Specific Plan Area but because they have already received entitlements, they are not subject to the Specific Plan . Orc hard Valley Communities (APN 783 - 03 - 002): This small property consists of one existing residence. Existing Hillside Homes (APN 783 - 004, 009, 010, 020, 032 & 030): These properties consist of existing hillside residences. Lutheran Church of the Good Sheph erd (APN 783 - 02 - 026): This property consists of an existing Lutheran Church and preschool. Planning Area Description 2 - 10 Final Hecker Pass Specific Plan August 2018 3 LAND USE 3.1 PURPOSE The Land Use Chapter establishes the overall framework for the development and conservation of the Specific Plan Area. This Chapter sets forth specific land use goals, policies a nd standards applicable to the Hecker Pass Specific Plan Area and describes the overall development program including the type, extent, and intensity of future development. The Land Use Chapter is to be used in conjunction with the other Chapters of this Specific Plan . More detailed information on community services and facilities is included in the Community Services and Facilities Chapter (Chapter 6) and additional information relating to open space and resource management is included in the Conservatio n and Resource Management Chapter (Chapter 5). The Land Use Map in this Chapter (Figure 3 - 1) illustrates the physical pattern of uses permitted in the Specific Plan Area. Table 3 - 1 provides an overall summary of the acreage breakdown for each Specific Pla n land use category. Table 3 - 1: Land Use Land Use Approximate No. of New 1 Acreage Dwelling Units Open Space 145 0 Open Space 47 0 3 Park/Recreational Facility 98 0 Residential 163 521 1 Hillside 49 0 Hecker Pass Cluster 106 4 503 Residential Low Density 8 18 2 Agriculture 115 0 Hecker Pass Agriculture 56 0 Agricultural Commercial 37 0 Agri - tourist 17 0 Agri - tourist Overlay 5 0 Total Specific Plan Area 423 521 1. Existing residences excluded unless otherwise noted 2. Includes 3 existing units 3. Includes 3 - acre neighborhood park 4. Excludes 3 - acre neighborhood park Land Use 3 - 1 Final Hecker Pass Specific Plan August 2018 [This Page Intentionally left blank] Land Use 3 - 2 Final Hecker Pass Specific Plan August 2018 [This Page Intentionally left blank ] Land Use 3 - 4 Final Hecker Pass Specific Plan August 2018 3.2 LAND USE CONCEPT The land use concept for the Hecker Pass Specific Plan is to protect and enhance the Hecker Pass Area’s rural character, open space and agricultural uses as well as create a logical coherent pattern of rural style uses as part of the western gateway of Gilroy. A very unique land planning approach was taken to meet the challenge of preserving the character of the area while also allowing for future development. Generally, site planning principles dicta te that existing site constraints first be identified then the primary proposed uses be located on the site. “Primary” uses are typically those uses that create the highest and best use for the property such as residential or commercial uses. In the case of the Hecker Pass Specific Plan , open space and agriculture were designated as the primary uses in order to maintain the scenic value of the area. During the site planning process, existing natural open space areas were identified and set aside for prot ection and enhancement. Secondary open spaces areas were then delineated to act as buffers and transition areas between proposed developments and Uvas Creek and to preserve the hillsides north of Hecker Pass Highway (State Route 152). Next, agricultural areas were defined along Hecker Pass Highway to preserve the scenic corridor, views to Uvas Creek and the Gabilan Mountains, and the rural character of the area. Agricultural areas were sited to be contiguous and large enough in size to ensure viable agri cultural operation. The remaining areas were then evaluated as potential sites for future development. As a result of this unique approach, the Hecker Pass Specific Plan is, first and foremost, a plan for open space and agriculture. Goal 3 - 1: Preserve t he rural and scenic character of the Hecker Pass Area. Goal 3 - 2: Integrate rural style urban development and agricultural uses in a manner that preserves and protects the rural agricultural character of the Hecker Pass Area. Goal 3 - 3: Create a scenic g ateway for the western entrance into the City of Gilroy. Rather than extending existing urban development patterns into the Specific Plan Area, the Land Use Chapter will create a gradual and graceful transition from the existing rural uses to central clus tered development. Transitional land use patterns will provide a softer edge between rural open space and the residential clusters where new agricultural and open space areas can grow up to and around new development. By carefully integrating new devel opment with agricultural and open space areas, the Specific Plan attempts to reduce the visual impact of development on the rural character of the area and increase the open space amenity value for the community. Policy 3 - 1: Designate natural open space a reas to protect the scenic natural environment of these areas. Policy 3 - 2: Create open space and agricultural areas to maintain view corridors, provide opportunities for recreation and to act as buffers between natural areas and future development. Land Use 3 - 5 Final Hecker Pass Specific Plan August 2018 Polic y 3 - 3: Establish contiguous agricultural lands large enough to ensure viable agricultural operations to preserve the rural character of the Specific Plan Area. Policy 3 - 4: (Removed) The Specific Plan emphasizes relatively compact development patterns se parated into a few distinct clusters. Central to the Land Use Chapter is the concept of the Residential Cluster (RC) land use designation. The Residential Cluster (RC) land use designation allows for averaging densities over a site by developing at highe r densities in certain areas while preserving natural features or open space within other land use designations as further discussed in Section 3.5. Instead of spreading housing units uniformly over an entire tract, structures are arranged in closely rela ted groups or “clusters.” Unlike standard subdivisions where all land is divided among individual property owners, The Residential Cluster (RC) land use designation creates large open space generally held for the benefit of all residents. In the Hecker P ass Specific Plan Area, these open space areas occur in the form of agricultural fields and natural open space areas. In the Specific Plan Area open spaces and agricultural areas can be maintained by either homeowner’s associations (HOA), Landscaping and Lighting Maintenance Districts (LLMD), individual property owners or agricultural operators. Policy 3 - 5 : The Residential Cluster (RC) land use areas shall be separated from each other and non - contiguous to reduce impacts associated with urban development patterns. This “clustering” land use concept conserves large agricultural and open space areas that would normally be subdivided as part of a conventional large lot rural development. It also allows for creation of well - defined, pedestrian - scale neighbor hoods that will foster social interaction and a shared sense of community (see Figure 3 - 2: “Cluster Concept”). F i g u r e 3 - 2 : C l u s t e r C o n c e p t Figure 3 - 2: The clustering concept demonstrates that the same ten acre parcel can be subdivided into ten one - ac re parcels with no remaining open space, ten half - acre parcels with 5 acres of remaining open space, ten quarter - acre parcels with 7.5 acres of remaining open space, or ten townhomes with 9 acres of remaining open space. As units are clustered closer toge ther on one portion of the site, the remaining open space increases. Land Use 3 - 6 Final Hecker Pass Specific Plan August 2018 3.3 OPEN SPACE LAND USE Open Space is the primary and most important land use within the Hecker Pass Special Use District. Principal objectives of t he Specific Plan include the preservation and protection of the environmentally sensitive habitat areas in and around the Specific Pan Area. To this end, the Specific Plan designates these areas as permanent open space and creates goals and policies to fu rther protect and enhance such areas. There are two land use designations under the category of open space in the Specific Plan Area: Park/Recreational Facility and Open Space. The Open Space land use designation includes approximately 47 acres of the h illsides north of Hecker Pass Highway. The Park/Recreational designation totals approximately 98 acres and includes all of Uvas Creek Park Preserve, the Creek Setback Area, the linear park areas outside of the creek setback, and a 3 - acre neighborhood park (see Figure 3 - 1:Land Use Diagram) . Further discussion of open space can be found in the Conservation and Resource Management Chapter (Chapter 5) and the Community Facilities Chapter (Chapter 6). Goal 3 - 4: Preserve the Uvas Creek Corridor and other op en space throughout the Specific Plan Area as permanent open space to preserve the area’s scenic rural character. Policy 3 - 6 : Designate Uvas Creek as permanent open space and provide buffers along the Uvas Creek Riparian Corridor. Policy 3 - 7 : Minimize encroachments into Uvas Creek buffers by establishing development setbacks. 3.3.1 UVAS CREEK SETBACK The Uvas Creek Setback, as shown on the Land Use Diagram, represents the minimum setback for all future roadway and structural improvements adjacent to Uvas C reek. This composite setback is based on two factors: (1) The minimum setbacks for protection from potential creek bank erosion as established in Section 5.3 Geology, Soils and Grading, and (2) minimum setbacks for environmental protection as established in Sec tion 5.4 Natural Resource Protection. These two setbacks do not coincide in all areas; therefore, they were combined to form one composite setback that ensures all development meets the minimum setback requirements for Land Use 3 - 7 Final Hecker Pass Specific Plan August 2018 each policy. Please refer to Chap ter 5 for further details regarding the Composite Uvas Creek Setback (See Section 5.5). 3.3.2 OPEN SPACE Open Space includes areas that will be preserved as natural open space and may be privately or publicly owned and maintained by a private landowner, homeo wner’s association or other such entity or dedicated to the City or resource agencies. Open space areas may also include buffer areas, passive trails, detention basins, swales, channels and other storm drainage facilities. Open space occurs in the hillsi des north of Hecker Pass Highway as part of the Country Estates residential development and Hoey Ranch. Steep slopes and other environmental constraints prevent development or the cultivation of agricultural crops and therefore both are prohibited. Land use policies for open space are discussed further in the Conservation and Resource Management Chapter (Chapter 5). 3.3.3 PARK/RECREATIONAL FA CILITY The Park/Recreational Facility land use category will facilitate development of an integrated park and open sp ace system designed to meet the needs of future Specific Plan Area residents, the Gilroy community, and visitors to the area. This designation identifies areas for future development of public trails, maintenance roads, pocket parks, tot lots, playfields, habitat preserves, detention basins, swales, channels and other storm drainage facilities. Providing for the recreational needs of the community and the protection of environmentally sensitive habitats is essential to the development of a balanced, healt hy living environment. Providing recreation facilities and protecting sensitive habitats within the Specific Plan Area will enhance the character and image of the entire Hecker Pass Area. The distribution and types of park facilities will ultimately be planned and incorporated into the City of Gilroy Draft Parks and Recreation Master Plan . The City of Gilroy General Plan calls for extending the Uvas Creek Park Preserve into the Specific Plan Area. Therefore, the Specific Plan has designated the Uvas Cr eek Riparian Corridor and adjacent areas south of the future Third Street Extension as Park/Recreational Facility. In addition, the Specific Plan has indicated the potential location of a future 3 - acre neighborhood park in the vicinity of the Uvas Creek P ark Preserve. The exact location of this neighborhood park will be determined as part of planning the adjacent residential cluster. Lands designated Park/Recreational Facility will be subject to the same land use regulations set forth in the City of Gilro y General Plan and the City of Gilroy Draft Parks and Recreation Master Plan . Land Use 3 - 8 Final Hecker Pass Specific Plan August 2018 Policy 3 - 8 : To ensure the creation of the Uvas Creek Linear Park and Uvas Creek Park Preserve, irrevocable offers of dedication to the City of Gilroy shall be required and obt ained from property owners of land within the Hecker Pass Specific Plan Area that lies within the Linear Park or Park Preserve prior to the earlier of (a) prior to or concurrent with the first discretionary approval for projects for which no map is require d; or (b) prior to or concurrent with final and/or parcel map approvals. In this instance, the tentative map shall have this requirement as a condition of its approval. HECKER PASS NEIGHBOR HOOD PARK: The 3 acres of land designated Parks/Recreational Fa cility located north of the Uvas Creek Setback will be reserved and offered to the City for purchase as a neighborhood park. The neighborhood park will be developed as part of the adjacent residential cluster. Although the acreage has been counted as Par k/Recreational Facility (PRF) in the Table 3 - 1 : Land Use, the park is currently designated Cluster Residential on Figure 3 - 1 : Land Use Diagram. The Land Use Diagram indicates a possible location for this park with an asterisk, however the exact location a nd configuration of this park will be determined at the time of development. If possible, this park should be visually and physically linked to the Uvas Creek Linear Park. Since these lands are located outside the Uvas Creek Setback, they can be used for more active recreation including tot lots, playgrounds, sport courts, playfields, community facilities, and other recreational uses deemed appropriate by the City of Gilroy. Lighting should be limited to reduce potential disturbances to the riparian habi tat nearby. Lands within this area that are not used for recreational purposes may also be used for environmental mitigation subject to regulatory agency approval. Additional policies can be found in the Community Facilities Chapter (Chapter 6). UVAS CR EEK PARK PRESERVE: The Specific Plan has established additional policies in Section 5.4.1, Riparian Habitats, specific to this portion of Uvas Creek Park Preserve. Uses allowed within the Park Preserve vary depending on proximity to sensitive habitat. Discussion of permitted uses in the Uvas Creek Park Preserve extension has been divided into two separate areas: habitat preserve and linear park. These areas are shown in Figure 3 - 1: Land Use Diagram and a representative cross section of these areas is i llustrated in Figure 3 - 3: Uvas Creek Park Preserve and Linear Park Cross - Section. Land Use 3 - 9 Final Hecker Pass Specific Plan August 2018 F i g u r e 3 - 3 : U v a s C r e e k P a r k P r e s e r v e a n d L i n e r P a r k C r o s s - S e c t i o n Habitat Preserve The habitat preserve includes approximately 73 acres of riparian corridor and 7 a cres of buffer area between the existing sanitary sewer maintenance road and the Specific Plan Area’s southerly boundary. Access will be limited by split rail or other open type fencing to reduce human intrusion into this environmentally sensitive area. Trails shall be limited to unpaved walking/nature trails. Plantings shall be restricted to native species. All plantings, trails, fencing, and uses are subject to regulatory agency approval. The Conservation and Resource Management Chapter (Chapter 5) o f this Specific Plan also includes policies pertaining to the Uvas Creek riparian corridor. Linear Park Approximately 15 acres of land designated Parks/Recreational Facility located between the Third Street Extension and the riparian corridor and buffer area will provide numerous recreational opportunities as a linear park for community residents. This area, shown as a cross hatch in “Figure 3 - 1: Land Use Diagram”, includes the existing sanitary sewer maintenance road, which will be converted into a Clas s I recreational trail. A major focus of the Specific Plan is to ensure that adequate pedestrian connections throughout the Specific Plan Area provide convenient access to all open space and recreational resources. This new Class I trail will provide a m ajor public trail corridor along the Uvas Creek Park Preserve and link to other public trails along future roadways in the Specific Plan Area. Ultimately, this trail system will serve as part of the regional trail network and may provide a critical link t o the Bay Ridge Regional Trail. Trail use in the Hecker Pass Area should be limited to bicycles, pedestrians, roller bladers and other non - motorized vehicles. Equestrian uses are prohibited. Recreational facilities including picnic areas, sitting areas an d other similar uses can occur in appropriate locations along the trail. Landscaping should consist of native plantings and may include mitigation plantings in particular locations (refer to 7.4. Landscaping). Since most of this area is located within th e Uvas Creek Setback, proposed uses, landscaping and improvements are subject to regulatory agency and City Land Use 3 - 10 Final Hecker Pass Specific Plan August 2018 approval. More active uses such as tot lots, playgrounds, and playfields will occur outside the setback while mitigation areas, the Class I trail, a nd passive recreational uses can occur within the setback. Land use policies for public parks and trails are discussed further in the Community Facilities Chapter (Chapter 6). Any development encroachments into the creek setback must be approved by the C ity of Gilroy and fully mitigated (See Section 5.5). 3.4 AGRICULTURAL LAND US ES Agricultural is one of the most critical components of the rural design concept for the Hecker Pass Area because these uses preserve the rural and historical character of the Hec ker Pass Area. Open agricultural fields preserve views towards Uvas Creek, preserve the scenic corridor of Hecker Pass Highway, buffer residential clusters and commercial uses, and create an interconnected network of agricultural and open space lands thro ughout the Specific Plan Area. Agricultural related commercial development serves as a visual reminder of Hecker Pass’ colorful history, preserves existing agricultural operations and takes advantage of the unique tourism potential of the area. Goal 3 - 5 : Provide for the ongoing operation of existing agricultural commercial uses and avoid creation of potentially conflicting uses. Goal 3 - 6: Provide for limited small - scale Agri - Tourist commercial uses that support and enhance rural tourism in the Hecker P ass Area. 3.4.1 HECKER PASS AGRICULT URE The Hecker Pass Agriculture land use designation provides for ongoing and new agricultural uses within the Specific Plan Area. These agricultural areas are generally located between Hecker Pass Highway and the Reside ntial Cluster (RC) land use designation. These agricultural areas have been sited in such a manner to preserve significant view corridors, maintain the rural character of the area, and separate the Residential Cluster (RC) land uses. A more detailed desc ription of these agricultural areas can be found in the Conservation and Resource Management Chapter (Chapter 5). Policy 3 - 9 : Establish significant development buffers along Hecker Pass Highway. Policy 3 - 10 : Establish open space or agricultural ar eas between Hecker Pass Highway and the Residential Cluster (RC) land uses to provide development buffers. Agricultural crops shall be limited to low intensity crops such as vineyards, orchards and some row crops. An Integrated Agricultural Management Pla n shall be prepared as part of the CC&R’s for development projects that addresses pesticide use, heavy machinery use, and other elements as described in Section 5.2.1.3 Agricultural Management. All agricultural areas shall maintain Land Use 3 - 11 Final Hecker Pass Specific Plan August 2018 minimum buffers between crops and residential units as described in Section 5.2.1.3 Agricultural Management. It is intended that all the Hecker Pass Agriculture lands be permanent as part of the Specific Plan’s program for preservation of agricultural character. Permitted ag ricultural uses include all types of agriculture, gardens, outdoor plant and tree storage, and wholesale commercial tree and plant production. Temporary uses include bazaars and festivals. No development is permitted in agricultural areas with the except ion of ancillary uses related to agricultural such as greenhouses and agric ultural accessory buildings. Some Commercial uses are conditionally permitted within the Hecker Pass Agriculture land use areas such as landscape nurseries and wineries. Permitted a nd conditionally permitted Hecker Pass Agriculture uses are listed in Table 3 - 2. 3.4.2 AGRICULTURAL COMMERC IAL The Agricultural Commercial land use designation is intended to provide for on - going and future agricultural commercial businesses in the Specifi c Plan Area. Existing agricultural commercial land will be protected under a new “ Agricultural Commercial” land use designation. An example of this type of use is Goldsmith Seeds, Inc. Existing agricultural commercial uses will be protected by creating agricultural buffers between agricultural commercial and residential uses and by locating compatible land uses adjacent to the agricultural commercial uses. Permitted and conditionally permitted Agricultural Commercial uses are listed in Table 3 - 2. P olicy 3 - 11 : Agricultural Commercial buildings shall be setback a minimum of 115 feet from the existing centerline of Hecker Pass Highway. Policy 3 - 12 : New habitable residential structures shall be setback a minimum of 50 feet from the Agricultural Commerc ial land use areas. 3.4.3 AGRI - TOURIST COMMERCIAL To preserve the rural character of the Hecker Pass Area and at the same time capitalize on local tourism, an “Agri - tourist Commercial” land use designation was created for the Specific Plan . Only small - scale commercial uses associated with rural tourism, agricultural uses and some limited recreational services will be allowed. Agri - tourist uses may also include small - scale commercial uses serving local residents and visitors. Examples of such local serving uses include but are not limited to a delicatessen, “mom & pop” grocery market, café, bistro, or small coffeehouse. All new commercial uses in the Hecker Pass Area are limited Land Use 3 - 12 Final Hecker Pass Specific Plan August 2018 to a maximum of 25% gross area building coverage, with the exception of lands d esignated Agri - tourist Commercial Overlay, which are restricted to a maximum of 10% gross area building coverage. The remaining area can include agricultural crops, natural landscaping, fuel hazard reduction zones, gardens, recreational areas, outdoor eve nt and seating areas, tree and plant growing areas, greenhouses, landscaped parking areas and driveways, gazebos, patio covers, tents, etc. Policy 3 - 13 : All Agri - tourist commercial uses shall maintain a relatively small pedestrian scale and shall be, lim ited to a maximum of 25% gross site area building coverage with the exception of the 5 - acre parcel designated as Agri - tourist Commercial Overlay on Figure 3 - 1: Land Use Diagram. This portion of the Hoey property designated as Agri - tourist Commercial Overla y shall be limited to a maximum 10% site area building coverage. Pedestrian scale development shall be defined as buildings that emphasize pedestrian access, comfort and visual interest. To this end, pedestrian - scale development shall be small in size, c lustered, limited to a maximum of two stories, and include architectural elements such as awnings, columns, porches, and building decorations that are visible at eye level to a pedestrian on the ground adjacent to the building. Policy 3 - 14 : Agri - tourist b uildings shall be setback a minimum of 115 feet from the existing centerline of Hecker Pass Highway. Policy 3 - 15 : The design of Agri - tourist facilities shall be consistent with the rural character of the area and with the Community Design Guidelines (Chap ter 7) of this Specific Plan. Policy 3 - 16 : No chain or franchise type convenience markets (i.e. 7 - 11, Stop and Go, etc.) shall be permitted within the Specific Plan Area. Land Use 3 - 13 Final Hecker Pass Specific Plan August 2018 3.4.4 AGRICULTURAL USE TAB LE The specific types of agricultural uses and their general character that are permitted in the Specific Plan Area are summarized in the table below: Table 3 - 2 : Agricultural Use Table Commercial Use Hecker Pass Agricultural Agri - tourist 10 Agriculture Commercial Commercial Agriculture/Horticulture (all types) X X X Agricultural/ Horticultural research laboratory N X X Agriculture/Horticulture accessory building X X X All uses associated with ongoing operations of N X N Goldsmith Seeds, Inc. , or its successors Antique shop N N X Art studio or Gallery N N X Bazaar T T T Small bakery 1 N N X 2 Bed and breakfast inn N N X Christmas tree lot N X T Farmers market, outdoor and indoor sales of fresh produce, and roadside produce stand. N X X Ancillary sales of prepared take - out food are permitted. Festival T T T Florist N X X Garden X X X Greenhouse X X N Health and beauty spa facility (visitor serving) 3 N N X Health and beauty spa facilities ancillary use N N C 4 (visitor serving) Landscape nursery C X N Liquor sales (On - site consumption) N C C Liquor sales (Off - site consumption) in conjunction with a small grocery store, N C C restaurant, deli, winery or “mom and pop” style market Live/Work units - Loft or studio units 5 N N X Offices associated with on - site agricultural N X N production Offices associated with on - site horticultural N X N production Outdoor amusement/Recreation N N C Outdoor plant and tree storage X X N Land Use 3 - 14 Final Hecker Pass Specific Plan August 2018 Commercial Use Hecker Pass Agricultural Agri - tourist 10 Agriculture Commercial Commercial Pottery or Ceramics studi o (hand made craft N C X only, no manufacturing) Private park/playground N N X Pumpkin Patch N N X Recreational service establishment uses including bicycle and skate rental (no motor N N X vehicles) and limited retail sales of goods related to the prim ary service of the use. Retail sales associated with agriculture N X N Seasonal outdoor/booth sales related to produce N N T sales or recreational services and rentals. Seasonal recreational equipment rental on a daily N N C “set - up” and “take dow n” basis Small grocery store or deli, “mom & pop” style N N X 6 market Small restaurant, café or bistro style in - door N N X 9 and/or out - door “sit down” restaurant Small winery with conditionally permitted on - C X X 8 site and off - site liquor sales Small wine tasting and retail sales establishments C X X 9 for local wineries Wholesale commercial tree and plant production N X N Wholesale and retail commercial garden center N C N X= Unconditionally Permitted C = Permitted only with Condit ional Use Permit granted by Planning Commission T = Temporary Use N = Not Permitted Footnotes for Agricultural Use Table: 1 = Must be visitor and local resident serving. No chain type or large production bakeries. May also include on - site s ales and food services. 2 = Bed and Breakfast Inns must meet the following conditions: (1) The Inn may be no larger than 15 guest rooms (2) Food services are limited to breakfast, lunch, and dinner (3) Special events such as wine tasting, weddings, small celebratio ns, arts and crafts shows, etc. are allowed 3= Health and beauty spa must meet the following conditions: (1) Primarily for day use (2) Limited overnight accommodations (3) Outdoor recreation such as tennis, handball or swimming are allowed 4 = Ancillary uses may incl ude limited restaurant facilities for the spa patrons and visitors or any other use deemed to be appropriate by the Planning Commission. 5 = Live/work lofts are defined as units that function as both living quarters and work studios f or artists or other professionals. 6 = Must be visitor and local resident serving. No chain or franchise type convenience marts. May Land Use 3 - 15 Final Hecker Pass Specific Plan August 2018 also include deli take - out food services. 7 = No chain or franchise type restaurants or fast food restauran ts are permitted. 8 = Small Winery shall generally be defined as facilities that produce up to10 ,000 cases of wine per year and may consist of the following : (1) Bottling/crushing facilities (2) Lab and office space (3) Tasting room, storage (4) Indoor events room (5) Small o utdoor event or picnic area. 9 = Wine tasting facilities may be developed in conjunction with any of the food serving establishments permitted in the Agricultural Commercial category or the Agri - tourist Commercial category and may include tasting room, storage, office, and small indoor events room. 10= Conditional uses within the Hecker Pass Agriculture land use category should be located in the least viable agricultural lands. 3.5 RESIDENTIAL LAND USE Residential development in the Specific Plan Area is intended to have a “rural” or “traditional” character that is consistent with the area’s scenic rural setting and enhances Hecker Pass’ historic, agricultural and wine country character. Residential development has been clustered to preserve larger areas for agriculture and open space uses and to preserve views and the overall character of the Hecker Pass Area. The Residential Cluster land use areas will incorporate “Livable” and “Walkable” community design principles to encourage compact, multi - dimensional land use patterns that ensure a mix of uses, minimize the use of cars, and promote walking, bicycling and transit access. The Specific Plan designates approximately 163 acres, or 38 % of the total 42 3 - acre Specific Plan Area, for residential uses. Approximately 17 homes already exist in the Hecker Pass Specific Plan Area. The majority of these homes are located north of Hecker Pass Highway near the intersection of Hecker Pass Highway and Santa Teresa Boulevard, in areas designated Hillside Residential on the Land Use Diagram. New residential development will be located in three distinct clusters: One north of Hecker Pass Highway adjacent to the Municipal Golf Course, and two south of Hecker Pass Hig hway. At maximum build out, the residential uses allow up to 521 new dwelling units resulting in an overall residential density of just over 1.2 du/ac for the Specific Plan Area. Goal 3 - 7: Create a unique rural residential environment with a character th at reflects that of the Hecker Pass Area. New residential development should be designed to facilitate interaction between neighbors and foster a sense of community. Designs for residential areas should illustrate the development of “walkable,” pedestria n - scale neighborhoods, and the creation of pedestrian and bicycle facilities that make the area easily accessible to all residents and visitors by foot or bicycle (See Section Land Use 3 - 16 Final Hecker Pass Specific Plan August 2018 4.9 – “Pedestrian and Bicycle Circulation”). While the development areas must a lso accommodate automobile traffic and provide convenient access, it is important that the residential areas not be dominated by roadway improvements. The aesthetics of future infrastructure and residential development are critical to the success of the S pecific Plan . The Circulation Chapter (Chapter 4) and the Community Design Chapter (Chapter 7) establish design guidelines to ensure that new development fits the rural character of the area. The rural character of future development will be dependent up on careful and creative implementation of site planning, architectural design, and landscaping guidelines set forth in the Specific Plan . Goal 3 - 8: Create an attractive rural image and identity for the residential areas through the implementation of the “ Livable Community” design principles, rural development and the design guidelines established in the Specific Plan. The foremost concept for residential uses in the Hecker Pass Specific Plan is to provide diverse housing types throughout the Specific Plan Area. This will be achieved by providing more small lot residential units in place of one large residential unit. For example, 5 small residential lots or 5 townhomes can be sited on the same size lot as one large estate home (See Figure 3 - 4). F i g u r e 3 - 4 : E s t a t e H o m e v . T o w n h o m e Diverse housing types ensure that a larger percentage of the proposed housing in the Hecker Pass Specific Plan Area will be affordable to a wider variety of socioeconomic classes. Housing types have been distributed evenly t hroughout the Specific Plan Area through the creation of the Hecker Pass Residential Cluster land use designation. 3.5.1 HECKER PASS RESIDENT IAL CLUSTER The new Residential Cluster land use designation was specifically created for the Hecker Pass Specific Plan . The Residential Cluster designation is designed to allow clustering of units in traditional neighborhoods in order to preserve agricultural and natural open space in much of the Hecker Pass Area. The design of these traditional neighborhood clusters wi ll utilize the “Livable Community” principles which include the incorporation of strategically located parks, paseos, squares, greens and other open space areas. These principles are further discussed in Chapter 7 and are intended to enhance the natural e nvironment and increase the quality of life, neighborhood and community. Land Use 3 - 17 Final Hecker Pass Specific Plan August 2018 Policy 3 - 17 : Adequate park and recreational facilities shall be provided within each Residential Cluster as determined through the Planned Unit Development process. Three areas have been designated Residential Cluster to allow for rural type clustered development within the Hecker Pass Specific Plan Area. The north cluster is located entirely on the Hoey property north of Hecker Pass Highway. The west cluster is located on the South Valley National Bank/ Raley’s, Hoey and Arias properties, south of Hecker Pass Highway near the existing Lone Oak properties. The east cluster covers the Filice, Vanni, Goldsmith Seeds , Hoey properties south of Hecker Pass Highway , and the South Vall ey Community Church property . The Residential Cluster land use designation is designed to allow for a diverse mix of residential unit types, similar to the City of Gilroy’s Neighborhood District land use designation. By establishing a “target mix” of l ot types, the Specific Plan ensures that numerous housing types are provided. Lot types have been generally described as falling into three lot type or typical lot size categories: Typically 2500 - 3500 SF Lots, Typically 3500 - 6000 SF Lots, and Typically g reater than 6000 SF Lots. Individual lot sizes within each category may vary according to Policy 3 - 19 . By providing a bulk of the residential units in the mid - range of lot types (typically 3500 - 6000 SF Lots) and requiring a certain percentage of smaller lot types (typically 2500 - 3500 SF Lots), the Specific Plan provides greater affordability than would occur if the site were developed with only large lot residential units such as typically found in rural development. The Specific Plan also allows for uni ts to be transferred among Residential Clusters, so long as the total in any cluster does not increase by more than 25 units as a result of the transfers, and as long as the percentage of lot types in each cluster is consistent with Figure 3 - 6. Allowing a transfer of units between development clusters provides greater flexibility to provide innovative and creative residential neighborhood designs that incorporate “livable community” design concepts. Goal 3 - 9: Provide varied housing types with connect ivity in each residential cluster. Policy 3 - 18 : The boundaries separating the Residential Clusters from the Hecker Pass Agriculture areas may differ from the boundary locations indicated in the Specific Plan document as long as there is no change in the net acreage of Hecker Pass Agriculture - designated land. Policy 3 - 19 : Individual lot sizes within each lot type category may exceed the maximum limit of that category where unusual lot placement (i.e. cul - de - sacs, knuckles, etc), lot configuring, topogra phy, or grading requirements require the maximum lot size to be exceeded. Land Use 3 - 18 Final Hecker Pass Specific Plan August 2018 Policy 3 - 20 : Units may be transferred among Residential Clusters, so long as the total in any cluster does not increase by more than 25 units as a result of the transfers, and as l ong as the percentage of lot types in each cluster is consistent with the charts in Figure 3 - 6. New residential unit distribution by housing type is based on a target percentage of lot types throughout the Specific Plan Area. The intent is to ensure a div erse housing type within each residential cluster while at the same time providing creativity and flexibility of design. Figure 3 - 5 shows the overall target percentage of each type within the overall Specific Plan Area: F i g u r e 3 - 5 : D i s t r i b u t i o n o f N e w H o u s i n g T y p e s w i t h i n e n t i r e S p e c i f i c P l a n A r e a Typically Larger than 6000 SF Lots Typically 2500 - 3500 SF Lots 159 Dwelling Units 108 Dwelling Units 30.5 % 20.7 % Typically 3500 - 6000 SF Lots 254 Dwelling Units 48.8 % 521 Total Dwelling Units Note: Percentages have been rounded to the nearest whole percentag e. These various lot types have been distributed among the three designated Residential Cluster areas. Lot types have been distinguished by typical lot size and may consist of a variety of housin g types and lot sizes. The distribution of lot types for each residential cluster is shown as a percentage of the total number of units per cluster in Figure 3 - 6. Land Use 3 - 19 Final Hecker Pass Specific Plan August 2018 F i g u r e 3 - 6 : D i s t r i b u t i o n o f N e w H o u s i n g T y p e s b y R e s i d e n t i a l C l u s t e r North Cluster (57 Dwelling Units): Typically 2500 - 3500 SF Lots 6 Dwelling Units 11% Typically Larger than 6000 SF Lots 24 Dwelling Units 42% Typically 3500 - 6000 SF Lots 27 Dwelling Units 47% West Cluster (205 Dwelling Units): Typically 2500 - 35 00 SF Lots 20 Dwelling Units 10% Typically Larger than 6000 SF Lots 76 Dwelling Units 37% Typically 3500 - 6000 SF Lots 109 Dwelling Units 53% East Cluster ( 259 Dwelling Units): Typically Larger than 6000 SF Lots 59 Dwelling Units 22.8 % Typically 25 00 - 3500 SF Lots 82 Dwelling Units 31.7 % Typically 3500 - 6000 SF Lots 118 Dwelling Units 45.6 % 521 Total Dwelling Units Note: Percentages have been rounded to the nearest whole percentage. Land Use 3 - 20 Final Hecker Pass Specific Plan August 2018 Table 3 - 3 also shows the distribution of lot types in each cluster and throughout the entire Specific Plan Area: Table 3 - 3 : Residential Cluster Lot Size Requirements North Cluster West Cluster East Cluster Total du % du % du % du % Typically 2500 - 6 11% 20 10% 82 31.7 % 108 20.7 % 3500 SF Lots Typically 3500 - 27 47% 109 53% 118 45. 6 % 254 48.8 % 6000 SF Lots Typically Larger 24 42% 76 37% 59 22.8 % 159 30.5 % than 6000 SF Lots Total 57 100% 205 100% 259 100% 521 100% Density 2.7 du/ac 6.6 du/ac 6.2 du/ac 5. 54 du/ac net A detailed description of the housing types appropriate for each lot type listed below is provided in Section 7.2 of the Community Design Chapter. Typically Typically Typically Larger 2500 - 3500 SF Lots 3500 - 6000 SF Lots Than 6000 SF Lots Multi - Family Small lot single - Standard lot single - family attached family de tached Mixed Use Small lot single - Large lot single - Sma ll lot single - family detached family detached family attached Standard lot single - Small lot single - family family detached Accessory dwelling units and structures are allowed on all single - family lots provided they meet the requirements set forth in the City of Gilroy Zoning Ordinance. These units are allowed as a separate rental uni t and are not subject to the RDO since these units are intended to provide an affordable housing alternative and do not require separate sewer and utility connections. By providing secondary dwelling units on single - family lots, families may rent the unit to elderly relatives, children who have moved back home and other dependants. In addition, rent from secondary units can be used to supplement the income of first time homebuyers who would otherwise be unable to afford the mortgage associated with single - family homes. Land Use 3 - 21 Final Hecker Pass Specific Plan August 2018 3.5.2 LOW DENSITY RESIDENT IAL OVERLAY This is a special category for the three existing small properties in the area of Two Oaks Lane (Castro, Thomas, and Suner properties). The intent of this land use is to provide consistency of density and housing types between the existing homes on Two Oaks Lane and future residential development. These small properties are limited to traditional single - family detached homes that would be typically found in the existing City of Gilroy R - 1 zoning district. Development of these properties will require property owners to obtain a “Small Project” approval for residential allocations (RDOs) from the City of Gilroy or compete for RDO allocations if small project exemption units are unavailable at the time of de velopment. 3.5.3 HILLSIDE RESIDENTIAL Hillside Residential is an existing General Plan designation that provides for low density single - family detached residential lots (0.5 - 4.0 du/ac) with actual allowed densities determined on a site specific basis accord ing to the slope - density formula set forth in the Residential Hillside zoning district requirements. This formula relates the average slope of the site to the number of allowable dwelling units. Limited density bonuses, not to exceed 30 percent, may be g iven if preferred development techniques are utilized (as specified in the Zoning Ordinance). Most of the existing homes on the north side of Hecker Pass Highway fall within this land use category. Pursuant to the provisions of the City of Gilroy General Plan for the Hecker Pass Area, entitled projects such as The Forest and Country Estates are exempt from the land use restrictions of the Hecker Pass Specific Plan . Therefore, lands associated with the planned portions of The Forest residential developmen t and Country Estates, have been designated Hillside Residential to retain the existing General Plan land use of these properties. Any future hillside units will be required to abide by the existing City regulations for Hillside development. 3.5.4 RESIDENTIAL USE TABLE The Residential Land Use Table shows what land uses are unconditionally permitted, permitted with a Conditional Use permit granted by the Planning Commission, permitted subject to approval of the Planning Director, and allowed on a Temporary Bas is: Land Use 3 - 22 Final Hecker Pass Specific Plan August 2018 Table 3 - 4: Residential Use Table Residential Use Hillside Low Rural Cluster Density Typ. Up Typ. Typ. Larger to 3500 3500 - than 6000 SF 6000 SF SF Accessory X X X X X 1 Structure/Dwelling Unit Agriculture X X X X X Bed/Breakfast Establishment C C N N C (up to 15 rooms) Boarding or Rooming House C C C C C Church or Religious X X N N N Institution Community or Private X X X X X Garden Day Care Center C C C C C Family Day Care Home X X X X X Golf Course or Country Club C C N N N Hillside Ho mes X N N N X Home Occupation 2 D D D D D Live/work units N N C N N Neighborhood Bazaar T T T T T Open Space (Recreational) X X X X X Publicly Owned Building or X X X X X Facility Residential X X X X X Residential Care Homes ( > 6 C C C C C residents) Residential Care Homes (<6 X X X X X residents) Subdivision Sales Office T T T T T Private Neighborhood Park or Recreational Facility as C C X X X defined in the City of Gilroy Zoning Ordinance Open Space (Recreational) X X X X X Park, Playground or X C X X X Community Center Publicly Owned Building or C C C C C Facility Temporary Building T T T T T Land Use 3 - 23 Final Hecker Pass Specific Plan August 2018 X= Unconditionally Permitted C = Permitted only with Conditional Use Permit granted by Planning Commission D = Permitted subject to approval of the P lanning Director T = Temporary Use N = Not Permitted Footnotes for Residential Use Table: 1 = Accessory Dwelling Units and Structures must meet the current zoning ordinance requirements (See City of Gilroy Zoning Ordinance) 2 = Permitted only if re gulations of the City of Gilroy Zoning Ordinance are met. 3.6 COMMUNITY FACILITIES This section was removed with the Specific Plan Amendment dated May 18, 2015. Land Use 3 - 24 Final Hecker Pass Specific Plan August 2018 4 CIRCULATION AND TRANSPORTATION 4.1 INTRODUCTION One of the central concepts of the Hecker Pass Specific Plan is to maintain the rural character and scenic qualities of the area. The transportation and circulation system for the Hecker Pass Specific Plan is designed to utilize existing roadway systems and to provide new local roads as well as trails and sidewalks for non - vehicular circulation. The Specific Plan is designed to preserve the area’s rural character and promote walking and bicycling as convenien t alternative modes of transportation and recreation. Collectively, these circulation systems promote the concept of “livable and walkable” communities by providing connections between neighborhoods, recreation areas, local agricultural commercial and agr i - tourist establishments, points of interest and adjacent areas. Goal 4 - 1: Provide a transportation and circulation system that safely accommodates traffi c within the Specific Plan Area while preserving the Hecker Pass Area’s rural agricultural character. Goal 4 - 2: Provide a transportation and circulation system that creates connections between existing and planned uses within and around the Specific Plan Area. Goal 4 - 3: Provide non - vehicular circulation routes within the Specific Plan Area as an alternative to motor vehicles to promote the concept of “walkable communities.” 4.2 EXISTING ROAD SYSTEM The existing transportation system serving the Hecker Pass Specific Plan Area consists of Hecker Pass Highway (State Route 152), First Street, Santa Teresa Boulevard, Third Street, Two Oaks Lane, Lone Oak Court, and Burchell Road . In addition, numerous driveways take access from Hecker Pass Highway including the Lutheran Church, Goldsmith Seeds, the South Valley National Bank/Raley’s Property, Bonfante Gardens, and residences located on either side of the Highway. HECKER PASS HIGHWAY Hecker Pass Highway (State Route 152) is a State Highway providing the primar y east - west connection between Highway 101 in Gilroy and Highway 1 in Watsonville. Hecker Pass Highway begins at the intersection of Santa Teresa Boulevard and extends west to the City of Watsonville. The portion that runs through the Specific Plan Area consists of two lanes separated by a double yellow line. The posted speed limit on most of this section of highway is 55 mph, except for a 40 mph section near the intersection of Santa Teresa Boulevard. The roadway is lined with large Deodar Cedar trees and significant oak trees providing a scenic corridor through the area. Circulation and Transportation 4 - 1 Final Hecker Pass Specific Plan August 2018 FIRST STREET First Street is the extension of State Route 152, east of Santa Teresa Boulevard. This urban roadway varies between two and four lanes with signalized intersections a nd extends through the City of Gilroy to Monterey Street. First Street serves as a major arterial and provides access to the numerous commercial businesses located on both sides of the street. The posted speed limit on this section of highway is 40 mph. SANTA TERESA BOULEVA RD Santa Teresa Boulevard is designated by the City of Gilroy General Plan as “Expressway” and consists of two lanes that run in a north/south direction, parallel to the easterly side of the Hecker Pass Specific Plan Area. The Vi llage Green Project lies between Santa Teresa Boulevard and the bulk of the Specific Plan Area. Santa Teresa Boulevard connects to Highway 101 via Castro Valley Road to the south and continues northward toward Morgan Hill and San Jose. Improvements to wi den Santa Teresa Boulevard between First Street and Longmeadow Drive to a four - lane expressway are under construction and are projected to be complete by 2004. The posted speed limit is 45 mph. THIRD STREET Third Street is an east - west residential col lector street that intersects Santa Teresa Boulevard south of First Street. Until recently, Third Street formed a T - intersection with Santa Teresa Boulevard. As part of the Village Green project, Third Street was extended across Santa Teresa Boulevard an d now terminates at the Specific Plan Area’s easterly boundary. The intersection has been signalized but still only allows for right - in/right - out movements on the eastern side of Santa Teresa Boulevard. TWO OAK LANE AND LON E OAK COURT Two Oaks Lane an d Lone Oak Court are two small private local roads that currently serve three existing residences on the Suner, Castro and Thomas properties and the Giacalone Property. Both roads are located south of Hecker Pass Highway. Two Oaks Lane forms a T - intersect ion with Hecker Pass Highway near the Hoey/Giacalone Property line. Two Oaks Lane terminates at the southerly property line of the Giacalone property and intersects at a 90 - degree angle with Lone Oak Court. BURCHELL ROAD Burchell Road is a narrow two la ne county road that serves County residential properties north of Hecker Pass Highway and also provides a connection to the Country Estates residential community in Gilroy. Burchell Road forms a T - intersection with Hecker Pass Highway, which is stop contr olled. Circulation and Transportation 4 - 2 Final Hecker Pass Specific Plan August 20 18 4.3 CIRCULATION CONCEPT The main goal of the Circulation Chapter is to create a balanced and well organized circulation system that will accommodate proposed development and allow people to get around by car, bicycle, foot and public transit while p reserving and enhancing the rural agricultural character of the Hecker Pass Area. Streets, sidewalks and bicycle paths will contribute to a system of fully connected and interesting routes throughout the Hecker Pass Area. By placing emphasis on the pedest rian rather than the automobile, the Specific Plan will provide for greater neighborhood interaction, and a more attractive environment. Traditional street designs and traffic calming features will help slow traffic to create safer, quieter, pedestrian and bicycle friendly streets. Figure 4 - 1 shows a Conceptual Circulation Plan for the Hecker Pass Area. F i g u r e 4 - 1 : C o n c e p t u a l C i r c u l a t i o n P l a n Note: The Hecker Pass Conceptual Circulation Plan is conceptual only. Actual ali gnments, intersection locations and design s may vary, subject to City of Gilroy and Caltrans Review. The circulation system in the Hecker Pass Area will utilize the existing major thoroughfares including Santa Teresa Boulevard, Third Street and Hecker Pa ss Highway to accommodate future traffic in the area. Existing thoroughfares will be improved and new roadways will be constructed to accommodate the additional traffic generated by new development. New roadways include the following: Circulation and Transportation 4 - 3 Final Hecker Pass Specific Plan August 2018 THIRD STREET EXTEN SION Third Street will be extended from its current terminus at the Village Green Property through the Specific Plan Area along Uvas Creek to connect with Hecker Pass Highway. The Third Street Extension will intersect with Hecker Pass Highway approximate ly 450 feet east of the existing Two Oaks Lane Intersection. STREET A A new roadway will be provided to serve the development north of Hecker Pass Highway. This new street, referred to as Street A in the Circulation Plan, will intersect Hecker Pass Hi ghway at the same location as the Third Street Extension, forming a four - legged intersection. Street A will extend through the Hoey property and may potentially serve as an additional access to Country Estates and a new entrance to the existing City Munic ipal Golf Course. This new road will also serve the future agri - tourist and residential uses proposed for this area. The exact alignment and extent will be determined at the time of development. STREET B A new roadway, shown as Street B on the Circulati on Plan, will be constructed in the easterly portion of the Specific Plan Area. The exact alignment of this roadway will be determined at the time of development. This roadway will serve as access to development in the easterly portion of the Specific Pla n Area. OTHER ROADS Additional new roads will need to be constructed as part of future development of the area. The location of these roadways will depend on the final design of the residential and commercial uses within the Specific Plan Area. Therefo re, these roadways have not been indicated on the Circulation Plan. Street classification and design guidelines of future roadways are specified in Section 4.6. Any frontage roads adjacent to Hecker Pass Highway shall be located and designed to avoid the existing stands of Deodar Cedar trees and Oak trees that currently line the Highway. Circulation and Transportation 4 - 4 Final Hecker Pass Specific Plan August 20 18 4.4 HECKER PASS HIGHWAY Perhaps the most important consideration identified by the General Plan and the Specific Plan for the Hecker Pass Area is the protec tion of Hecker Pass Highway’s scenic qualities. In order to protect this scenic corridor, the Hecker Pass Specific Plan discourages the widening of Hecker Pass Highway by providing intersection improvements intended to maintain acceptable levels of service through the Specific Plan Area. By avoiding future widening along most of the co rridor, the existing stands of Deodar Cedar trees that add to the scenic quality of this corridor can be preserved to the greatest extent possible. The Specific Plan also e stablishes a setback corridor to allow for any necessary future improvements to the Highway. The setback corridor is discussed in further detail in Section 4.4.2. 4.4.1 INTERSECTION IMPROVE MENTS In order to accommodate new traffic generated by development, m aintain acceptable levels of service along Hecker Pass Highway, and help reduce the need for full widening of Hecker Pass Highway, the Specific Plan requires intersection improvements at one new intersection proposed by the Conceptual Circulation Plan: the intersection of Hecker Pass, Third Street and Street A. Policy 4 - 1: A roundabout and other intersection improvements shall be constructed at the Hecker Pass Highway/Autumn Drive intersection. Policy 4 - 2: Limit new future access along Hecker Pass High way by directing internal roadways to the existing intersection of Third Street and Santa Teresa and a new intersection at Hecker Pass Highway/Autumn Drive Policy 4 - 3: All streets in the Specific Plan Area shall be constructed with signage that meets or exceeds the minimum standards for traffic enforcement. HECKER PASS HIGHWAY, THIRD STREET AND STR EET A INTERSECTION The intersection of the Third Street Extension, Street A and Hecker Pass Highway ( Hecker Pass Highway/Autumn Drive) will have four - legs. These improvements are illustrated in Figure 4 - 2. Circulation and Transportation 4 - 5 Final Hecker Pass Specific Plan August 2018 [This Page Intentionally left blank] Circulation and Transportation 4 - 6 Final Hecker Pass Specific Plan August 20 18 [This Page Intentionally left blank] Circulation and Transportation 4 - 8 Final Hecker Pass Specific Plan August 20 18 4.4.2 HECKER PASS SETBACK CORRIDOR As the City of Gilroy continues to develop after the Specific Plan has been fully developed, additional traffic may occur through the area. This could result in decreased levels of service that may require additional intersection improvements to improve the level of service to an acceptable level. In order to accommodate for future improvements along the Highway, the Specific Plan has established a minimum 115 - foot setback from the existing centerline of Hecker Pass Highway. Figure 4 - 4 illustrates the location of the “Hecker Pass Highway Setback Corridor”. F i g u r e 4 - 4 : H e c k e r P a s s H i g h w a y S e t b a c k C o r r i d o r This corridor is intended to provide f or future improvements and is also associated with the potential future designation of Hecker Pass Highway as a State Scenic Highway. Policy 4 - 4: No Development shall be allowed within 115 feet of the existing centerline of Hecker Pass Highway with the exception of future roadway improvements necessary to maintain adequate levels of service through the Specific Plan Area. Agricultural crops, landscaping, the existing decorative windmill on the Hoey property, a Class I trail, pedestrian pathways, limited open fencing, and signage are allowed within the setback corridor. Open type fencing may be located within this setback corridor where appropriate for security, subject to administrative approval by the City of Gilroy Planning Division in accordance with S ection 7.4.5. Limited signage may also be located within this setback corridor but should be limited in size and type and shall conform to the signage guidelines provided in Sections 7.3.2 and 7.4.6. Off - site signage is prohibited. Policy 4 - 5: Soundwal ls to attenuate sound generated by traffic on Hecker Pass Highway or any other roadway in the Specific Plan Area are strictly prohibited. 4.5 ROADWAY CHARACTER The physical character of the circulation system and the design of individual roadways are critic al elements in establishing and maintaining a rural ambiance in the Specific Plan Area and establishing a high quality of life for new residents and visitors. The Specific Plan emphasizes the creation of pedestrian - friendly, rural residential neighborhood s. Many of the design guidelines that have been developed for the Specific Plan Area’s roadways emphasize aesthetic criteria in order to reduce the visual prominence of the automobile within the area. Many of these guidelines also help define the functio nal character of the circulation system. Functionally, the Circulation Plan will attempt to maintain low traffic volumes and reduced speeds on local Circulation and Transportation 4 - 9 Final Hecker Pass Specific Plan August 2018 streets. The volume of traffic within the Specific Plan Area will ultimately be determined by existing an d proposed land uses in and around the area. While the Specific Plan cannot prohibit vehicular traffic, it can attempt to implement design principles that will help to reduce traffic and excessive speeds. To reduce traffic volumes and speeds, improve ped estrian safety, and reduce traffic noise, developments should incorporate some of the following design principles: Create residential clusters to reduce the number of automobiles utilizing each street for primary access. Reduce cut - through traffic by elim inating unnecessary connections between thoroughfares. Create shorter residential streets to discourage build up of speeds. Create narrower street cross sections to reduce the comfort level of drivers and consequently the speeds of vehicles. Require extens ive planting of street trees along all roadways. Utilize traffic calming devices such as islands, roundabouts, offset intersections, divided roadways, bulb - outs and other such designs to discourage cut - through traffic and excessive speeds. Create an extens ive off - road trail system to accommodate pedestrian and bicycle travel that provides an alternative to automobile use. To ensure preservation of the area’s rural character, the Specific Plan establishes special rural roadway design guidelines that provide a rural feel and appearance. The Circulation Plan safely accommodates increased traffic resulting from new development in and around the Specific Plan Area. At the same time, the circulation system design discourages higher traffic volumes and excessive speeds which result from the wider, high capacity, “urban” street designs normally used. The Circulation Plan is designed under the premise that the Hecker Pass Area would be a destination, not a circulation corridor leading to somewhere else. An additi onal goal of the plan is to maintain rural roadways with low traffic volumes and leisurely traffic speeds that allow visitors and residents to enjoy the scenic, rural setting of the Hecker Pass Area. Policy 4 - 6: All streets in the Specific Plan Area shall be constructed with signage that meets or exceeds the minimum standards for traffic enforcement. Policy 4 - 7: Design streets to safely accommodate the projected traffic volumes for the Specific Plan Area. Policy 4 - 8: The design and alignment of Third S treet within the Specific Plan Area should discourage “cut - through” traffic and reduce excessive speeds by incorporating traffic calming devices. Policy 4 - 9: Strive to create new public “rural road” classifications and design guidelines for roads within t he Hecker Pass Specific Plan Area to ensure preservation of the area’s rural character. Circulation and Transportation 4 - 10 Final Hecker Pass Specific Plan August 20 18 Policy 4 - 10: Utilize existing roadway systems to provide access to the Specific Plan Area in order to minimize extensive development of new access roads to the Specif ic Plan Area. Policy 4 - 11: Developers shall work with City staff to develop a narrow street section specifically designed to reflect the rural design themes of the Specific Plan Area. NARROW STREETS: Developers within the Specific Plan Area should work with City staff to develop narrower street sections within the Specific Plan Area. These narrow street sections should be designed to reflect the rural design principles discussed in the Specific Plan . Narrow traditional street sections are a basic desi gn principle of the “Livable Community" concept and have been incorporated into the design of Specific Plan street sections. Narrow streets create a more pedestrian friendly environment, foster a sense of community, reduce environmental impacts and cost l ess to maintain. Narrower streets encourage pedestrian activity. By placing houses and street trees closer together, the streetscape becomes more defined making the street a more pleasant environment. The reduced width allows tree canopies to grow tog ether, creating a shaded corridor and cooler ambient temperatures in the summer. Trees and the additional room for landscaping features improve the quality of the streetscape. The reduced lane widths also lower the driver’s comfort level, forcing them to slow down. Reduced speeds along the roadway create a safer walking environment. Neighborhood interaction is also encouraged since neighbors are in closer proximity to one another and are more likely to spend time in their front yards. Reduced street se ctions require less paving. The reduced amount of impervious surface is beneficial to the environment because it reduces the amount of non - point source pollution, reduces the amount of concentrated flows, and allows water to percolate through soil back in to the water table rather than through a storm drain system. Since less area is required for pavement, more area can be dedicated to ope n space and landscaping areas. Less pavement also means reduced maintenance costs for the City. ROUNDABOUTS: A traff ic - calming feature proposed as part of the Circulation Plan is the “roundabout.” Roundabouts are a type of circular intersection that incorporates specific design and traffic control features including yield controls for all entering traffic, a center isl and, splitter islands at approaches that channelize traffic entering the circle, and appropriate geometric curvature to slow traffic. These design and control features distinguish roundabouts from other circular Circulation and Transportation 4 - 11 Final Hecker Pass Specific Plan August 2018 intersections such as rotaries and neighbor hood traffic circles. The Department of Transportation (DOT) states that “Roundabouts are generally safer than other forms of intersections in terms of aggregate crash statistics for low and medium capacity conditions” (“Roundabouts: An Informational Guid e”, DOT, p. 23). Roundabouts in the Hecker Pass Area are intended to slow traffic and discourage cut - through traffic from Hecker Pass Highway or Santa Teresa Boulevard. Reduced traffic volumes and slower traffic speeds resulting from the use of roundabout s help to preserve the rural atmosphere of the Hecker Pass Area, create a more pedestrian friendly environment adjacent to the Uvas Creek trail and throughout the entire Specific Plan Area, and provide aesthetic focal points, landmarks, and entries. Each roundabout will be specifically designed to meet City approved design criteria and emergency vehicle access standards and conform to the guidelines set forth in the DOT’s publication “Roundabouts: An Informational Guide”. Figure 4 - 5 illustrates the general configuration of roundabouts within the Hecker Pass Specific Plan Area. F i g u r e 4 - 5 : G e n e r a l R o u n d a b o u t C o n f i g u r a t i o n In addition to being addressed in the Circulation Chapter, the design guidelines for Specific Plan Area roads are also discussed in the Chapter 7: Community Design where they can be considered in conjunction with other community design principles. Circulation and Transportation 4 - 12 Final Hecker Pass Specific Plan August 20 18 4.6 STREET CLASSIFICATIO N AND DESIGN GUIDELI NES The Hecker Pass Specific Plan creates new rural roadway classifications to preserve the rura l agricultural character of the area. The design guidelines for these roadways are a departure from the City’s traditional urban street design standards and have been uniquely created for the Hecker Pass Specific Plan . These guidelines should be used whe n working with City Staff to develop standards for street sections within the Specific Plan Area. Pavement widths have been reduced to lower drivers’ comfort level thereby discouraging excessive speeds, grass lined swales and flush curbs at the pavement ed ge are encouraged to take the place of traditional concrete curbs and gutters on streets outside of residential clusters to convey storm water into the storm drain system (concrete swales are allowed when necessary), and separated sidewalks have been provi ded for pedestrians and bicyclists. Medians consistent with the rural collector road section may be added to any of the road sections and the right - of - way correspondingly increased. Because street designs play a critical role in establishing the rural ch aracter of the Specific Plan Area, additional discussion of circulation design issues, street design guidelines and streetscape improvements (i.e. landscaping, lighting, signage, etc.) is included in Chapter 7: Community Design. The unique features of the se street guidelines such as grass lined swales and landscaped areas are beyond the typical maintenance operations of the City of Gilroy. Therefore, all features within the public right - of - way that are not paved including the maintenance for grassy swales , landscaped medians, landscaped roundabouts, and landscaping beyond the paved surface of the roadway will be provided by the adjacent property owner, homeowners associations (HOA), a maintenance district, or other such private entity. The City of Gilroy will maintain the paved surface roadway, sidewalks and all public storm drains, sanitary sewers and water mains and laterals located within the right - of - way. The following are descriptions of each of the roadway classifications: 4.6.1 RURAL COLLECTOR ROAD (UND IVIDED) The rural collector road is a higher volume road that is intended to collect vehicles from local residential roads and distribute them to higher capacity roads. In the Hecker Pass Specific Plan Area, the only planned rural collector road is the extension of Third Street from Santa Teresa Boulevard through the Specific Plan Area to the Hecker Pass Highway/Autumn Drive intersection, just east of the existing Two Oaks Lane intersection. The majority of this collector road lies adjacent to Uvas Cre ek, on the north side of the existing sanitary sewer maintenance road, and Circulation and Transportation 4 - 13 Final Hecker Pass Specific Plan August 2018 generally runs in an east - west direction until it turns north to connect to Hecker Pass Highway. A typical road section for the east - west segment of Third Street adjacent to Uvas C reek is shown in Figure 4 - 6: Typical Rural Collector Road (Undivided) – East/West Portions. F i g u r e 4 - 6 : T y p i c a l R u r a l C o l l e c t o r R o a d ( U n d i v i d e d ) E a s t / W e s t P o r t i o n s This portion of Third Street consists of a 71 - foot right - of - way with two 16 - foot pav ed travel lanes. The 24 feet on the north side of the paved travel lanes, which is not adjacent to Uvas Creek, includes a 15 - foot landscape strip and a 5 - foot sidewalk with two - foot shoulders on both sides. Outside the right - of - way is a 10 - foot public se rvice easement (PSE) and tree planting easement (TPE). On the south side of the paved travel way, adjacent to Uvas Creek, is a 15 - foot landscape strip. Between this landscape strip and the existing sanitary sewer maintenance road and Uvas Creek Trail is an additional strip of landscaping for the Linear Park. According to the City of Gilroy Draft Parks and Recreation Master Plan , the existing sanitary sewer maintenance road will be upgraded to the typical section for a Class I trail found later in this cha pter (see Section 4.9) and will be part of the Uvas Creek Linear Park. In order to retain the rural character of the roadway flush curbs should be encouraged take the place of traditional concrete curbs and gutters to allow run - off to flow into drainage sw ales within the landscape strips. Grass - lined swales within the landscape strips are encouraged to convey storm drainage however concrete swales may be used when necessary (more detailed discussions and exhibits depicting this design concept are provided i n Chapter 8 - Utilities and in Chapter 7 - Community Design). Once Third Street changes to a north - south direction and no longer is adjacent to Uvas Creek, the right - of - way width increases and includes two 16 - foot paved travel lanes, a 15 - foot landscap ing strip on each side, and a 5 - foot sidewalk on each side with two - foot shoulders for a total of 80 - feet as seen in Figure 4 - 7: Typical Rural Collector Road (Undivided) – North/South Portions. Circulation and Transportation 4 - 14 Final Hecker Pass Specific Plan August 20 18 F i g u r e 4 - 7 : T y p i c a l R u r a l C o l l e c t o r R o a d ( U n d i v i d e d ) N o r t h / S o u t h P o r t i o n s . Beyond the right - of - way, each side includes a 10’ Public Service Easements (PSE) and Tree Planting Easement (TPE). In order to retain the rural character of the roadway flush curbs should be encouraged take the place of traditional con crete curbs and gutters to allow run - off to flow into drainage swales within the landscape strips. Grass - lined swales within the landscape strips are encouraged to convey storm drainage however concrete swales may be used when necessary (more detailed disc ussions and exhibits depicting this design concept are provided in Chapter 8 - Utilities and in Chapter 7 - Community Design). Residential lots should not back onto or place single lot driveways directly onto collector streets. Residential lots should ta ke access from rural residential roads, residential cluster roads, or private access roads. 4.6.2 RURAL COLLECTOR ROAD (DIVIDED) Some segments of Third Street at key road intersections will transition to a symmetrical “divided” street section, consisting of an 81 - foot right - of - way for east - west portions (see Figure 4 - 8) and a 90 - foot right - of - way for north - south portions (see Figure 4 - 9). Circulation and Transportation 4 - 15 Final Hecker Pass Specific Plan August 2018 F i g u r e 4 - 8 : T y p i c a l R u r a l C o l l e c t o r R o a d ( D i v i d e d ) E a s t / W e s t P o r t i o n s F i g u r e 4 - 9 : T y p i c a l R u r a l C o l l e c t o r R o a d ( D i v i d e d ) N o r t h / S o u t h P o r t i o n s Circulation and Transportation 4 - 16 Final Hecker Pass Specific Plan August 20 18 Each section emulates the undivided rural collector road, however, a 10 - foot median island has been added between the 16 - foot travel lanes. The purpose of the divided rural collector road section is two fold: to prov ide traffic separation at roundabout intersections and to act as a traffic calming device. The varying street section will also act as landmarks and create a diverse streetscape along the Uvas Creek corridor. In order to retain the rural character of the r oadway, flush curbs should be encouraged to take the place of traditional concrete curbs and gutters to allow run - off to flow into drainage swales within the landscape strips. Grass - lined swales within the landscape strips are encouraged to convey storm d rainage however concrete swales may be used when necessary (more detailed discussions and exhibits depicting this design concept are provided in Chapter 8 - Utilities and in Chapter 7 - Community Design). Residential lots should not back onto or place sing le lot driveways directly onto collector streets. Residential lots should take access from rural residential roads, residential cluster roads, or private access roads. 4.6.3 RURAL ENTRY ROAD (DI VIDED) Rural entry roads are intended to act as gateways into re sidential clusters and Agri - tourist and agricultural commercial areas. Divided rural entry roads are required at the primary entrances to major agri - tourist developments and residential clusters. A typical street section for divided rural entry roads is shown in Figure 4 - 10: Rural Entry Road (Divided). F i g u r e 4 - 1 0 : T y p i c a l R u r a l E n t r y R o a d ( D i v i d e d ) Circulation and Transportation 4 - 17 Final Hecker Pass Specific Plan August 2018 The divided rural entry road consists of an 84 - foot right - of - way with one 14 - foot paved travel lane in each direction and a 20 - foot wide landscaped medi an. The outside edges of the roadway include a 9 - foot landscape strip and 5 - foot separated sidewalk with 2 - foot shoulders on either side. Outside the right - of - way is a 10 - foot public service easement (PSE) and tree planting easement (TPE). In order to r etain the rural character of the roadway, flush curbs should be encouraged to take the place of traditional concrete curbs and gutters to allow run - off to flow into drainage swales within the landscape strips. Grass - lined swales within the landscape strips are encouraged to convey storm drainage however concrete swales may be used when necessary (more detailed discussions and exhibits depicting this design concept are provided in Chapter 8 - Utilities and in Chapter 7 - Community Design). Road right - of - way s and road sections can be widened to accommodate turn lanes as required. 4.6.4 RURAL ENTRY ROAD (UN DIVIDED) As an alternative to divided entry roads where right - of - way or physical constraints exist, undivided entry roads are permitted. This road section can also be utilized for entries to residential clusters or to Agri - tourist or Agricultural Commercial uses. Rural entry roads act as gateways into residential clusters and Agri - tourist and Agricultural Commercial areas. A typical street section for undi vided rural entry roads is shown in Figure 4 - 11: Rural Entry Road (Undivided). F i g u r e 4 - 1 1 : T y p i c a l R u r a l E n t r y R o a d ( U n d i v i d e d ) Circulation and Transportation 4 - 18 Final Hecker Pass Specific Plan August 20 18 The undivided rural entry road consists of a 64 - foot minimum right - of - way with one 14 - foot paved travel lane in each dire ction. The remaining 18 - feet of right - of - way along each outside edge of the travel ways includes a 9 - foot landscape strip and a 5 - foot sidewalk separated from the roadway with 2 - foot shoulders on either side. Outside the right - of - way is a 10 - foot public service easement (PSE) and tree planting easement (TPE). In order to retain the rural character of the roadway, flush curbs should be encouraged to take the place of traditional concrete curbs and gutters to allow run - off to flow into drainage swales with in the landscape strip. Grass - lined swales within the landscape strips are encouraged to convey storm drainage, however, concrete swales may be used when necessary (more detailed discussions and exhibits depicting this design concept are provided in Chapt er 8 - Utilities and in Chapter 7 - Community Design). Road right - of - ways and road sections can be widened to accommodate turn lanes as required. 4.6.5 RURAL RESIDENTIAL RO AD Rural residential roads are local roads that provide access to residential cluster s but are located on the periphery of residential clusters. Typically these roads are adjacent to agriculture or open space on one side and residential clusters on the other side. These streets are designed to discourage through traffic and promote low veh icle speeds. A typical road section (see Figure 4 - 12) consists of a 72 - foot right - of - way, with one 14 - foot travel lane in each direction. The remaining 22 feet of right - of way on each side consists of a 13 - foot landscape strip and a 5 - foot sidewalk separ ated from the roadway with 2 - foot shoulders on either side. Within the 13 - foot landscape strip, parking bays will be strategically placed to provide on - street parking (see Figure 4 - 13). Parking bays should be staggered on either side of the street to a void the appearance of cluttered parking. Single vehicle parking bays are 8 - feet wide and 28 feet long and double vehicle parking bays are 8 feet wide and 52 feet long. Parking bays shall not exceed a two - vehicle capacity. Outside the right - of - way is a 1 0 - foot public service easement (PSE) and tree planting easement (TPE). In order to retain the rural character of the roadway, flush curbs should be encouraged to take the place of traditional concrete curbs and gutters to allow run - off to flow into draina ge swales within the landscape strip. Grass - lined swales within the landscape strips are encouraged to convey storm drainage however concrete swales may be used when necessary (more detailed discussions and exhibits depicting this design concept are provid ed in Chapter 8 - Utilities and in Chapter 7 - Community Design). Circulation and Transportation 4 - 19 Final Hecker Pass Specific Plan August 2018 F i g u r e 4 - 1 2 : T y p i c a l R u r a l R e s i d e n t i a l R o a d w i t h P a r k i n g B a y s F i g u r e 4 - 1 3 : T y p i c a l R u r a l R e s i d e n t i a l R o a d w i t h o u t P a r k i n g B a y s Circulation and Transportation 4 - 20 Final Hecker Pass Specific Plan August 20 18 4.6.6 RESIDENTIAL CLUSTER ROAD (PUBLIC OR PRIV ATE) Resid ential cluster roads are local public or private roads that provide direct access to homes within residential clusters. The rural cluster road is intended to accommodate higher density areas within residential clusters. Several sub - classifications of rur al cluster roads have been created for the Hecker Pass Specific Plan in order to encourage creativity and design flexibility for the residential clusters (See Figures 4 - 14 through 4 - 18). Since Cluster Roads are intended to be narrower than the rural roads outside the residential clusters, vegetated swales and wide landscaping strips are not required. Rather, conventional curb, gutter and sidewalk construction may be utilized to accommodate the higher residential cluster densities. Natural asphalt concret e or concrete may be used for sidewalk, curb and gutters to preserve the rural character. F i g u r e 4 - 1 4 : T y p i c a l R e s i d e n t i a l C l u s t e r R o a d Circulation and Transportation 4 - 21 Final Hecker Pass Specific Plan August 2018 F i g u r e 4 - 1 5 : T y p i c a l R e s i d e n t i a l C l u s t e r R o a d w i t h M o n o l i t h i c S i d e w a l k Note: Single loaded streets may provide sidewalk on one side of the street. F i g u r e 4 - 1 6 : T y p i c a l R e s i d e n t i a l C l u s t e r R o a d w i t h D e t a c h e d S i d e w a l k Note: Single loaded streets may provide sidewalk and planter strip on one side of the street. Circulation and Transportation 4 - 22 Final Hecker Pass Specific Plan August 20 18 F i g u r e 4 - 1 7 : T y p i c a l R e s i d e n t i a l C l u s t e r R o a d w i t h D e t a c h e d S i d e w a l k a n d P a r k i n g o n O n e S i d e F i g u r e 4 - 1 8 : T y p i c a l R e s i d e n t i a l C l u s t e r R o a d w i t h D e t a c h e d S i d e w a l k a n d P a r k i n g o n B o t h S i d e s Note: Single loaded streets may provide sidewalk, planter strip and parking on one side of the street. Circulation and Transportation 4 - 23 Final Hecker Pass Specific Plan August 2018 4.6.7 PRI VATE ACCESS ROAD The private access road is a private, low traffic volume road intended to provide primary access for up to two large residential lots, agri - tourist and agricultural commercial uses. If a private access road serves more than one residence or commercial use, a private ingress and egress easement (IEE) and public service easement (PSE) must be provided. A typical road section (see Figure 4 - 19) consists of a 24 - foot wide easement with two 12 - foot travel lanes in each direction. F i g u r e 4 - 1 9 : T y p i c a l P r i v a t e A c c e s s R o a d In order to retain the rural character of the roadway, flush curbs should be encouraged to take the place of traditional concrete curbs and gutters to allow run - off to flow into drainage swales within the landscape str ip. Grass - lined swales along the road’s edge are encouraged to convey storm drainage however concrete swales may be used when necessary (more detailed discussions and exhibits depicting this design concept are provided in Chapter 8 - Utilities and in Chapt er 7 - Community Design). Circulation and Transportation 4 - 24 Final Hecker Pass Specific Plan August 20 18 Policy 4 - 12: Property owners and developers of parcels within the Specific Plan Area shall coordinate and cooperate in the design and implementation of the area’s road system. Because some properties will be dependent on other properties for access and road improvements, property owners are encouraged to enter into private agreements as early as possible in the development process. A model agreement will be authorized by all participating property owners and utilized to facilit ate any cooperative development rights and responsibilities such as easements, right - of - way dedications, improvements, maintenance agreements, temporary construction access, etc. Policy 4 - 13: Primary access to all new agricultural commercial and agri - tour ist commercial uses should be directed to the Hecker Pass Highway/Autumn Drive intersection. 4.6.8 AGRICULTURAL MAINTEN ANCE ROAD Agricultural maintenance roads may be provided as necessary to allow for the maintenance of agricultural crops. These roads wi ll consist of a 16 - foot wide all weather roadway as depicted in Figure 4 - 20 with storm drainage swales along both sides if the road is crowned or one side if the road is cross sloped . F i g u r e 4 - 2 0 : T y p i c a l A g r i c u l t u r a l M a i n t e n a n c e R o a d Circulation and Transportation 4 - 25 Final Hecker Pass Specific Plan August 2018 4.7 CIRCULATI ON SYSTEM IMPLEMENTA TION The Specific Plan Area circulation system will be implemented through a coordinated effort between the City of Gilroy and the Specific Plan Area property owners or developers. When County or State roadways are involved, coordinat ion with the Santa Clara County Public Works Department and the California Department of Transportation (CalTrans) will be required. Generally, all Specific Plan Area improvements to existing public roads or construction of new public roads will be the re sponsibility of the Specific Plan Area developers with the oversight and approval of the City of Gilroy Engineering Division. All public improvements will be dedicated to the appropriate public agency. Implementation of the circulation system is further discussed in Chapter 9). Policy 4 - 14: All future roads within the Hecker Pass Specific Plan Area shall be developed with City staff incorporating the guidelines of the Specific Plan. The design of all streets shall be subject to review and approval of the City, including review by other affected City departments such as Police, Fire, Parks, etc. Policy 4 - 15: The City may require developers to prepare separate roadway improvement phasing plans as part of the implementation of the Specific Plan’s overa ll infrastructure phasing plan. Interim roadway phases shall provide adequate access and capacity to serve each phase of the development. Policy 4 - 16: The City will require developers to enter into improvement agreements with the City to provide the nec essary roadway improvements to serve the development and mitigate traffic impacts. 4.8 TRANSIT SERVICE Public transit service within the City of Gilroy is provided by the Santa Clara Valley Transportation Authority (VTA) and consists of 4 bus routes throug hout the City. Route 19 is the only route that currently serves the Hecker Pass Specific Plan Area with the nearest stop located at the intersection of Santa Teresa Boulevard and First Street (Hecker Pass Highway). Connections to all bus lines and CalTra in can be made at the Downtown Transit Center. Additional future transit service to the Hecker Pass Specific Plan Area depends upon the number of potential riders that will be generated by development of the area. VTA reviewed the conceptual plan and dra ft document of this Specific Plan and determined that the VTA would most likely not provide any additional service to this area because the project is not dense enough to generate enough ridership opportunities. However, if future conditions warrant trans it service to the area, VTA might extend one of the existing lines to service the Hecker Pass Area. Future conditions that might warrant transit service include the development of a school, community center, social or religious institution or any other co mmunity facility use and development to the south and/or west of the Specific Plan Area. Therefore, all individual development proposals shall contact VTA to determine whether provisions for future stops or services are required. Circulation and Transportation 4 - 26 Final Hecker Pass Specific Plan August 20 18 Policy 4 - 17: All indiv idual development proposals shall consult with the Valley Transportation Authority to determine whether provisions for future stops or services are required. All bus stops shall meet all current VTA requirements and standards for bus stops. The Hecker Pa ss Specific Plan designates two transit corridors should VTA decide to provide bus service to Hecker Pass. These two transit corridors include Third Street and Hecker Pass Highway. Potential bus stop locations include Village Green, and Goldsmith Seeds . Bus stops should be located on the side of the street that will generate the most riders whenever possible. For example, bus stops along Third Street should be located on the northerly side since most of development will occur north of Third Street. T he actual location of stops shall be subject to review and approval of the City of Gilroy Engineer and VTA. All bus stops shall meet all current VTA requirements and standards for bus stops. Currently, any bus stop located along either of the transit co rridors within Hecker Pass would require bus duckouts. Bus duckouts must accommodate a VTA bus while still allowing traffic to pass the bus. Figure 4 - 21 shows the current VTA standard for bus duckouts. F i g u r e 4 - 2 1 : T y p i c a l B u s D u c k o u t Typical bus duckouts require 10 feet minimum width for the bus to stop. Therefore, if the travel lane is 16 feet wide, the bus duckout must provide an additional 6 - foot wide strip of pavement. This provides 10 feet for the bus to stop and leaves 12 - feet of travel w ay for cars to pass. In addition, the Americans with Disabilities Act (ADA) requires 8 - 9 feet of pavement adjacent to the bus stop. Bus duckouts should be at least 55 feet long and provide 50 - foot tapers. Therefore, bus duckouts including tapers should be between 120 and 150 feet long. Bus shelters are not required but may be provided if the developer wants to provide them. Bus shelters shall be structurally sound, designed to reflect the rural character of the area and privately owned and maintained by a homeowners association, landscaping and lighting district, or other such entity. Circulation and Transportation 4 - 27 Final Hecker Pass Specific Plan August 2018 4.9 PEDESTRIAN AND BICYC LE CIRCULATION The Hecker Pass Specific Plan places a high priority on alternative modes of transportation other than the automobile. Automobile traffic is responsible for numerous air pollutants that can cause a wide variety of health problems and environmental degradation. Automobiles are also responsible for numerous pollutants that flow from roadways into storm drainage systems and ultimately contaminate water sources and some of the most environmentally sensitive habitats including oceans, streams and rivers. Prompting alternative modes of transportation results in reduced traffic congestion, air pollution, and non - point source pollution, pro viding a healthier environment and an improved quality of life. The Specific Plan encourages alternative modes through the creation of an area wide system of trails and sidewalks. This trail system allows residents and visitors to travel easily through out the Specific Plan Area without having to get into their car. This provides residents the ability to enjoy and preserve the natural amenities of the area. The Specific Plan allows for the extension of the Uvas Creek trail through the Specific Plan Are a and establishes a network of trails and sidewalks that will connect neighborhoods and provide access to public open spaces, agri - tourist commercial establishments, and other destinations. Providing safe, attractive and convenient trails and sidewalks fo r pedestrians and bicyclists is a community amenity that will enhance both the Hecker Pass Area and Gilroy’s identity as a destination for visitors. Goal 4 - 4: Develop a network of bikeways and pedestrian trails and sidewalks that allows enjoyment of the scenic Hecker Pass Area, connects the area’s neighborhoods, parks and tourist destinations, and promotes the use of alternatives to the automobile. The Specific Plan establishes a hierarchy of trails and sidewalks throughout the Specific Plan Area to pr ovide convenient access and recreational opportunities for not only Hecker Pass Area residents but for area employees, community members, and visitors to Gilroy. The Uvas Creek Class I trail will be extended from its current termination on the east side o f Santa Teresa Boulevard, under the Santa Teresa Boulevard Bridge, along Uvas Creek to the Intersection of Hecker Pass Highway and Burchell Road. Also, a Class I trail will be constructed on the parcels immediately south of Hecker Pass Highway and the exis ting Deodar Cedar trees. The trail will extend along the entire Hecker Pass Specific Plan project frontage, from the former South Valley Community Church property to the Uvas Creek Class I trail extension described above. (Residential cluster trail connec tions and sidewalks are not depicted on the Conceptual Trail System Plan. Figure 4 - 22 illustrates a Conceptual Trail System Plan.) Circulation and Transportation 4 - 28 Final Hecker Pass Specific Plan August 20 18 F i g u r e 4 - 2 2 : C o n c e p t u a l T r a i l S y s t e m P l a n Note: The Hecker Pass Conceptual Trail System Plan is conceptual only. Ac tual alignments and locations may vary, subject to City of Gilroy review. The Uvas Creek trail provides the primary access to the Uvas Creek Preserve and proposed public parks along the trail. Sidewalks within right - of - ways that are separated from the ro adway provide secondary connections to agri - tourist uses, and neighborhoods. Private trail connections will provide access from individual project sites to public trails and sidewalks. A primary objective of the Trail System Plan is to minimize conflicts between trail users and vehicular traffic. The majority of the trail system consists of Class I trails and sidewalks that are physically separated from vehicular roadways and are intended for non - motorized use only. Trails within public parks or public o pen space areas will be designed and improved in accordance with the City of Gilroy Draft Parks and Recreation Master Plan Class I trail section (see Figure 4 - 23) and maintained by the City. Policy 4 - 18: A system of trails and pathways shall be develop ed to provide pedestrian access throughout the Specific Plan Area. All projects within the Specific Plan shall be reviewed through the Planned Unit Development process to ensure that they could contribute to an interconnected trail and pathway system. Circulation and Transportation 4 - 29 Final Hecker Pass Specific Plan August 2018 F i g u r e 4 - 2 3 : U v a s C r e e k T y p i c a l C l a s s I T r a i l All other trails and sidewalks will be designed and improved to the guidelines established in the Specific Plan . Sidewalks within public right - of - ways will be improved along with all other required str eet improvements as a condition of approval for the associated project. Trails within residential, agri - tourist and agricultural commercial developments that are not adjacent to public roadways shall be designated as private trails. Private trails will be designed and fully improved by the developer of the project in which they occur and shall be designed to meet the private trail guideline shown in Figure 4 - 24. Private trails will be maintained by a private property owner, HOA, maintenance district or ot her such entity. F i g u r e 4 - 2 4 : T y p i c a l P r i v a t e T r a i l Policy 4 - 19: Provide paved, off - street pedestrian and bicycle facilities along all Specific Plan Area roads (outside of residential clusters). Policy 4 - 20: Ensure that local pedestrian and bicycle trails and sidewalks make convenient and frequent connections to the Uvas Creek trail (outside of residential clusters). Circulation and Transportation 4 - 30 Final Hecker Pass Specific Plan August 20 18 5 CONSERVATION AND RESOURCE MANAGEMENT 5.1 INTENT The Conservation and Resource Management Chapter provides the context for the long - term preservation and conservation of the natural resources and open space lands within the Hecker Pass Specific Plan Area. T he preservation and conservation of these resources ensures that Specific Plan Area residents, City of Gilroy residents, visitors, and future generations can enjoy the natural beauty and rich history of the Hecker Pass Area. The Conservation and Resource Management Chapter also seeks to protect the environment and prevent the loss of important habitats and ecosystems. Resources to be protected include plants, animals, creeks, drainage ways, hillsides, scenic qualities, and historic and archeological featu res. Goal 5 - 1: Protect the area’s natural resources and scenic qualities, including its view corridors and natural features. Effective conservation and resource management programs not only protect natural and cultural resources, but also benefit the c ommunity by enhancing aesthetic values of an area, preserving community character, and providing recreational opportunities. The increased visual and recreational assets enrich the quality of life for residents, increase property values, and foster commun ity pride. 5.2 AGRICULTURAL AND OPE N SPACE AREAS The most important element of the Hecker Pass Specific Plan is the establishment of agricultural and open space areas. These areas serve to protect and conserve the natural, rural and agricultural character and resources within the Specific Plan Area. Open space and agriculture within the Hecker Pass Specific Plan Area have been sited in such a way to form a contiguous and interconnected network and to preserve views throughout the Specific Plan Area. Thes e areas have been maximized by clustering the development that would normally occur across the entire site into three distinct clusters separated by agricultural uses or open space. In addition, open space areas through and within residential and commerci al developments connect larger agricultural and open space areas, adding to the overall network. Together, all these open space and agricultural areas combine to preserve nearly 69% of the Specific Plan Area. Conservation and Resource Management 5 - 1 Final Hecker Pass Specific Plan August 2018 Table 5 - 1: Agricultural and Open Space Areas Land Use Open Space Land Use Open Space 1 within Land use Acreages Acreages Open Space 100% 47 47 Park/Recreational 100% 98 98 Facility Hecker Pass 100% 56 56 Agriculture Agricultural 50% 2 37 18.5 Commercial Agri - tourist 50% 3 17 8.5 Commercial 3 Agri - tourist 80% 5 4 Commercial Overlay 4 Low Density 50% 8 4 Residential 4 Hecker Pass 50% 21 10 Cluster North of Hecker Pass Highway 4 Hecker Pass 5% 85 4 Clusters South of Hecker Pass Highway Hillside 90% 4 49 44 Residential Total 69% 423 294 1 All acreages are approximate 2 Acreage is based on existing uses on Agricultural Commercial property. 3 Assumes a minimum percentage of landscaped, unpaved area. 4 Assumes a minimum percentage of private open space or common open space. Uvas Creek provid es the largest open space area within the Specific Plan Area. The riparian corridor provides an important path through the site because it allows for the continued free movement of wildlife through the area and contains the most sensitive habitat within t he Specific Plan Area. The hillsides north of Hecker Pass Highway also provide a major open space element to the area and contain valuable habitat. The oak woodlands to the north and Gabilan Mountains to the south provide a scenic backdrop for the Hecker Pass Area. Agricultural areas sited along Hecker Pass Highway and around development clusters serve to reduce the impact of future development of residential and commercial uses on the rural character of the area. These agricultural areas extend to the Uv as Creek corridor. Conservation and Resource Management 5 - 2 Final Hecker Pass Specific Plan August 2018 Policy 5 - 1: Provide open space and agricultural spaces around development clusters to preserve views to Uvas Creek and the hillsides and oak woodlands north of Hecker Pass Highway. To preserve the rural character, visual qualities, a nd natural resources of the Hecker Pass Area and maximize recreational opportunities, the agriculture and open space areas must be large enough to preserve existing views to the Gabilan Mountains and Uvas Creek and ensure agricultural viability. Agricultu ral areas should be contiguous and large enough to allow for and encourage the active planting and harvesting of low - intensity orchards, vineyards or other agricultural products or natural open spaces (refer to the Sections 3.4.1 and 7.4 for more detail). 5.2.1 AGRICULTURAL RESOURC ES Agricultural resources in the region are important both historically and culturally to Gilroy. The lands within the Hecker Pass Area have produced peaches, prunes, grapes and other agricultural products and have served as cattle rangelands for over 200 years. The agricultural history of Hecker Pass is connected to many prominent historical figures and families including Henry Miller the Cattle King, Henry Hecker, Electa Ousley, Pleasant Hodges, Lyttlton A. Whitehurst, the Kilpatr ick family and more. To preserve this rich history and rural character, the Specific Plan creates agricultural areas to allow for continued agricultural use. The remaining agriculture fields add to the rural character of the Hecker Pass Area. The most p redominant agricultural use in the Hecker Pass Area is the headquarters for Goldsmith Seeds, Inc. Goldsmith Seeds in a multi - national flower and seed production company that employs more than 4,000 people worldwide. The headquarters in Gilroy consist of numerous greenhouses and presentation gardens where seeds are bred and tested for performance both in greenhouses and gardens. Goldsmith Seeds produces mostly annual flower seeds for seed companies and growers internationally. The presentation gardens at Goldsmith Seeds are a major attraction for Gilroy tourists. The Hoey lands south of Hecker Pass Highway have recently been used to dry farm hay. The lands on the north side of Hecker Pass Highway are used for cattle grazing. The Vanni property currently produces wine grapes for the Solis winery. Solis Winery is a Vanni family owned winery with tasting rooms located further west on Hecker Pass Highway . Although approximately 35% of the Specific Plan Area is capable of some kind of agricultural use, in recent years less than 100 acres have been actively farmed. According to the United States Department of Agriculture Natural Resources Conservation Service, some of the area south of Hecker Pass Highway could potentially be classified as “Prime Agricultu ral Land” or “Agricultural Land of Statewide Importance”. To further evaluate the capabilities of the land to support agricultural activities, Kelley and Associates Environmental Sciences, Inc. performed a Land Evaluation and Site Assessment for Lands of the Hecker Pass Specific Plan Area . The Conservation and Resource Management 5 - 3 Final Hecker Pass Specific Plan August 2018 results of the LESA revealed that the Hecker Pass Specific Plan Area does not meet the standard for “Prime Agricultural Land” or “Agricultural Land of Statewide Importance”. Nevertheless, the Hecker Pass Specific Plan recognizes the importance of the area’s agricultural character, preserves existing agricultural lands, and encourages future agricultural operations. The Specific Plan provides for the continuation of existing agricultural uses and possible enhance ments by creating the agricultural land use designations described in Section 3.4. Cultivated lands such as vineyards and orchards are visual amenities that will contribute to the agricultural character of new and existing uses within the Specific Plan Ar ea. The Specific Plan emphasizes agricultural open space by maximizing its visibility and utilizing agricultural uses to preserve Hecker Pass Highway as a scenic corridor. By placing these agricultural uses in the foreground of views from public roadways and trails, the Specific Plan will highlight the importance of agriculture and ensure that agriculture remains an important land use in the Hecker Pass Area. In addition, the Specific Plan creates an environment where residents and visitors feel they are nestled within a rural agricultural area. To accomplish this, the Specific Plan orients development to the open space and agricultural areas around development clusters. The Specific Plan establishes large contiguous areas of agricultural open space to e nsure active cultivation and future viability. In addition to preserving agricultural character, the agricultural open space provides a unique landscape component for future development. Goal 5 - 2: Allow for continued and future agricultural operations within the Hecker Pass Area. Goal 5 - 3: Preserve the unique agricultural character of the Hecker Pass Area by establishing historical and agricultural project features. Policy 5 - 2: Encourage the Hecker Pass Specific Plan property owners and project devel opers to promote the establishment of an agricultural history center, working farm, viticulture center, or agricultural educational programs in the Specific Plan Area. Policy 5 - 3: To enhance the rural character of the Specific Plan Area, agricultural ope n space areas separating the Residential Cluster (RC) land uses shall be created. These open spaces should be of sufficient size and shape to allow for agricultural production. The size and shape of the open space shall be established through the tentati ve map and planned unit development architectural and site review processes at the time of development application. Policy 5 - 4: Agricultural uses shall be established between Hecker Pass Highway and the Residential Cluster (RC) land use designation to pr eserve the rural character of the area. The preservation of agricultural resources within the Hecker Pass Area requires design features that ensure agricultural activities do not conflict with residential activities. Descriptions of these design feature s and other appropriate measures are discussed later in this chapter, Section 5.2.1.3 Agricultural Management. Conservation and Resource Management 5 - 4 Final Hecker Pass Specific Plan August 2018 5.2.1.1 Agricultural Access Access within agricultural land uses should be limited to ensure the viability of agricultural production. Fences should be avoided as much as possible in and around agricultural areas, however, public access may need to be restricted to prevent destruction and theft of crops. In addition, public access might conflict with harvesting activities. The use of farm machinery may present potential safety issues and conflicts. Agricultural areas should be at minimum, visually accessible to future residents and visitors. Therefore split rail fencing or other open type fencing consistent with the design guidelines provided in Sect ion 7.4.5 should be used when fencing is necessary , provided that solid fencing may be used to screen production areas as described in Section 7.4.5. Policy 5 - 5: Public access within agricultural land uses should be limited to avoid potential conflicts with agricultural viability. 5.2.1.2 Agricultural Ownership and Maintenance Lands designated as “Hecker Pass Agriculture” will be either owned by an agricultural operator, owned by the adjacent commercial use, owned by a third party, or owned by a homeowner’s ass ociation or other such private entity. Agricultural lands can either be leased to one or more growers or planted and maintained by the direct owner or responsible entity. When agricultural lands are leased, the owner shall still maintain responsibility f or conformance with the agricultural management policies set forth in Section 5.2.1.3 and shall disclose these policies to all potential lessees prior to the lease agreement. Policy 5 - 6: Owners of agricultural properties shall be responsible for conforman ce to all agricultural management policies set forth in the Hecker Pass Specific Plan and shall be required to disclose these policies to all potential lessees prior to the lease agreement. Policy 5 - 7: To ensure the preservation of designated agricultural areas in perpetuity, permanent agricultural easements, deed restrictions or other such instruments shall be created for each property in each agricultural area at the earlier of (a) prior to or concurrent with the first discretionary approval for projects for which no map is required; or (b) prior to or concurrent with final map and/or parcel map approvals. In this instance, the tentative map shall have this requirement as a condition of its approval, and that map shall generally describe the area to be r estricted. Conservation and Resource Management 5 - 5 Final Hecker Pass Specific Plan August 2018 5.2.1.3 Agricultural Management Continued agricultural use is a critical component to preserving the rural and agricultural character of the Hecker Pass Area. Since agricultural production may involve the use of pesticides, heavy machinery and other practices that may disturb or annoy nearby residents, the Specific Plan recommends that the City consider enacting a “right - to - farm” ordinance for the Specific Plan Area that allows agricultural activities to continue. To reduce potential conflicts, th e Specific Plan also requires a minimum 50 - foot buffer between crops and dwelling units to ensure residents are not affected by chemical applications and other agricultural activities. Site features and improvements within the buffer may include agricul tural maintenance roads, driveways, public roads, swales or landscaping and may act as a fuel transition zone for structures. The buffer may occur wholly or in part on either residential, Hecker Pass Agriculture (HPA) or Agricultural Commercial (AC) desig nated land use areas. The Specific Plan requires that an Integrated Agricultural Management Plan be incorporated into the Conditions, Covenants and Restrictions (CC&R’s) for all properties that include agricultural uses. The Integrated Agricultural Manag ement Plan should ensure that agricultural operations and residential uses may coexist with minimal conflict by identifying appropriate times and uses of farm machinery (see Section 5.7.2) and suitable methods for weed abatement, pest control, fertilizatio n, and erosion control (see Section 5.7.3). This plan shall be prepared based on the recommendation of the City of Gilroy and shall require City administrative approval. Future homebuyers, renters, and commercial tenants must be informed of and acknowled ge this ordinance and any related Integrated Agricultural Management Plans prior to purchasing a home or leasing space adjacent to agricultural areas. Goal 5 - 4: Reduce potential conflicts between continued and future agricultural operations and reside ntial and commercial uses. Policy 5 - 8: The City of Gilroy shall consider adoption of a “right - to - farm” ordinance to prevent existing and future agricultural uses from becoming nuisances to future residential uses. Policy 5 - 9: Future property and homeb uyers shall execute right - to - farm disclosure statements as part of all sales transactions. Policy 5 - 10: All properties that include agricultural uses shall include an Integrated Agricultural Management Plan in the Conditions, Covenants and Restrictions for the property. Conservation and Resource Management 5 - 6 Final Hecker Pass Specific Plan August 2018 Policy 5 - 11: Any related Integrated Agricultural Management Plans and the “right - to - farm” ordinance shall be disclosed to future residents and commercial tenants prior to lease or purchase. Policy 5 - 12: Establish minimum 50 - foot agri cultural buffers between agricultural crops and dwelling units. 5.2.2 OPEN SPACE RESOURCES Open space refers to lands to remain undeveloped for active or passive recreation, environmental preservation, and/or aesthetics. Open space plays an important role i n the Hecker Pass Specific Plan because open space serves as the method for preserving the rural character and natural resources of the area. The open space areas serve as scenic backdrops, visual and physical buffers between adjacent developments and gra dual graceful transitions from existing rural uses and natural features to future development. Open space also provides recreational and educational opportunities for area residents and visitors. The Specific Plan establishes large areas of natural and r ecreational open space by providing permanent open space for the Uvas Creek Preserve and the hillsides north of Hecker Pass Highway (State Route 152), and by establishing buffers along the Uvas Creek riparian corridor and Hecker Pass Highway. Permanent op en space areas include active recreation areas, habitat protection areas, scenic open spaces, and potential neighborhood common open space areas. Resources preserved within open space include the Uvas Creek riparian corridor, steep slopes, oak woodlands, grasslands, view sheds to the Gabilan Mountains, and the Hecker Pass Highway scenic corridor. There are four types of open space within the Hecker Pass Specific Plan : Habitat Preserve refers to areas to be dedicated to the City of Gilroy or resource ag ency for the preservation of naturally occurring plant and animal species and their habitats. This type of open space occurs along the Uvas Creek riparian corridor and may include natural habitats, buffer areas, biological enhancements, mitigation areas, and limited passive recreational uses. Park/Recreational Open Space refers to the integrated park and open space system designed to meet the recreational needs of the future Specific Plan Area residents, the Gilroy community, and visitors to the area. Thi s type of opens space includes public trails, linear parks, buffer areas, pocket parks, neighborhood parks, tot lots and playfields. The majority of recreational open space occurs along the Uvas Creek corridor in the form of a linear park and trail. The l inear park also serves as a buffer between Uvas Creek and future development. Small pocket parks may occur along this trail where appropriate to Conservation and Resource Management 5 - 7 Final Hecker Pass Specific Plan August 2018 provide additional recreational opportunities. A 3 - acre neighborhood park has also been designated near or ad jacent to this linear park and shall be physically linked to the linear park. Natural Open Space refers to those open spaces that will be privately owned and maintained. These areas include portions of the hillsides north of Hecker Pass Highway and poss ibly some Hecker Pass Agriculture, Agri - tourist and Agricultural Commercial areas that are not used for agricultural production. Although some of these lands may be designated as part of the Hecker Pass Agriculture or Hillside Residential land use, soil c onditions, steep slopes or other factors may make agricultural production or residential development undesirable or inappropriate. Since these lands will be left in their natural state, this type of open space may include areas used for the preservation o f naturally occurring plant and animal species and their habitat or agricultural buffer areas. This open space differs from park preserve open space because although these areas are required to be planted with native plant species, they will not be dedica ted to the City for habitat preservation purposes. Common Open Space refers to open space areas associated with residential or commercial development. Common open space may include private and common landscape areas, gardens, walkways, recreational are as, courtyards, patios, paseos, picnic areas, barbeque areas, pools, spas, tot lots, etc. The various open space types are shown in Figure 5 - 1: F i g u r e 5 - 1 : O p e n S p a c e T y p e s Conservation and Resource Management 5 - 8 Final Hecker Pass Specific Plan August 2018 The combination of these open space components and the agricultural land use s creates a comprehensive interconnected network that preserves the rural character and visual qualities of the Hecker Pass Specific Plan Area while serving the needs of a community as a whole. Open space is discussed in more detail in Chapter 3: Land Us e. 5.2.2.1 OPEN SPACE ACCESS Open space within the Hecker Pass Specific Plan Area should be available for all residents and visitors to enjoy. Access to open space areas can be visual or physical. Visual access from Hecker Pass Highway to the Uvas Creek Park Pr eserve and the Gabilan Mountains should be emphasized. Physical access should be maximized where appropriate to allow for the full enjoyment of the open space. Goal 5 - 5: Extend the Uvas Creek Park Preserve and trail to the western boundary of the Hec ker Pass Specific Plan Area at the intersection of Uvas Creek and Hecker Pass Highway. The extension of the Uvas Creek Park Preserve along the Uvas Creek corridor should be dedicated to the City and used as a public park and habitat preserve for all Gilr oy residents and visitors to enjoy. Although all of the main riparian corridor should be visually accessible to the public, physical access should be limited to protect the sensitive habitat. Trails into the riparian habitat should be restricted to dirt pedestrian paths or natural wildlife corridors. The riparian habitat should also remain accessible for the free movement of wildlife. Solid fencing and other structures that obstruct the movement of animals along the creek shall be prohibited. Split rai l or other open type fencing may be used to restrict physical access to sensitive habitat areas within the riparian corridor. Recreational activities should remain outside the riparian corridor within the linear park between Uvas Creek and Third Street. This linear park will provide a buffer between development and the riparian corridor and will also serve as the main recreational amenity for the Hecker Pass Specific Plan Area. The Uvas Creek Park Preserve is proposed to include the extension of the Clas s I bicycle trail within the buffer area. Policy 5 - 13: Access to the Uvas Creek channel and into the associated riparian corridor shall be limited to dirt paths and natural wildlife corridors. Policy 5 - 14: Solid fencing and structures that restrict the movement of wildlife through the Uvas Creek corridor shall be prohibited. Open fencing is allowed when needed to prevent human intrusion into ecologically sensitive areas. Conservation and Resource Management 5 - 9 Final Hecker Pass Specific Plan August 2018 Policy 5 - 15: Enhance public enjoyment and visibility of the stream corridor by providing public trails and recreational areas within the setback area along the Uvas Creek corridor. The most important element in providing public access to open space is the hierarchy of trails that connect through the Specific Plan Area. According to the City of Gilroy Parks and Recreation Master Plan , the existing sanitary sewer maintenance road that runs adjacent to Uvas Creek will be improved to a Class I recreational trail and extend all the way through the Specific Plan Area from its existing terminus at Santa Teresa Boulevard to the intersection of Burchell Road and Hecker Pass Highway. Also, a new Class I trail will be constructed on parcels immediately south of Hecker Pass Highway and the existing Deodar Cedar trees . The trail will extend a long the entire Hecker Pass Specific Plan project frontage, from the former South Valley Community Church property to Uvas Creek Class I trail extension described above . These trails will accommodate the movement of pedestrians and bicyclists through the Specific Plan Area with minimal conflict from vehicular traffic. These trail s will provide the backbone for a hierarchy of public and private trails. Smaller pedestrian trails will extend from the Uvas Creek trail along public right - of - ways and connect roadways, the 3 - acre public neighborhood park, residential neighborhoods, and future Agri - tourist businesses. This Uvas Creek trail should serve as part of the regional trail network and should eventually connect to the Bay Ridge Regional Trail. This trai l system is intended to attract tourists to the recreational and agricultural resources of the area, maximize the public’s full enjoyment of the open space, reduce the number of vehicular trips by residents within the Specific Plan Area by creating a “walk able” community, and foster social interaction and a shared sense of community (additional policies and design standards for public and private trails are discussed in Chapter 4 and Chapter 6). Policy 5 - 16: A hierarchy of pedestrian trails shall be prov ided by future projects throughout the Specific Plan Area. Trails should connect future residential neighborhoods and commercial developments to Uvas Creek, the hillsides north of Hecker Pass Highway and other open space areas. Policy 5 - 17: Public acces s along all public trails within the Hecker Pass Specific Plan Area should be provided in right - of - ways or publicly owned lands. 5.2.2.2 OWNERSHIP AND MAINTENANCE OF OPEN SPACE Open space within the Hecker Pass Specific Plan Area will either be privately or p ublicly owned. Publicly owned open space will include the Uvas Creek Linear Park, The Uvas Creek Park Preserve, the 3 - acre neighborhood park (if acquired by the City), and any additional parks dedicated to the City as a part of future development projects . Publicly owned lands will be available to all residents and visitors and will be maintained by the City. Trails within publicly owned lands shall be maintained by the City. Privately owned lands within the Hecker Pass Specific Plan include common op en space areas within residential clusters and commercial developments and the hillside open space north of Hecker Pass Highway. Common open space areas within residential housing clusters will be Conservation and Resource Management 5 - 10 Final Hecker Pass Specific Plan August 2018 maintained by a Landscape and Lighting Maintenance Distric t, project Homeowners Associations or other such private entity to be determined at the time of development. The portion of land within hillsides owned by the Country Estates will continue to be owned and maintained as permanent open space by Country Esta tes HOA or other such private entity. It is likely that the hillside open space located on the Hoey property and the Forest property will be either owned and maintained by a private residence, project homeowners’ associations, or a combination of both. Policy 5 - 18: All of the public park preserve and linear park areas will be dedicated to or reserved for the City of Gilroy prior to or concurrent with final map approvals. Policy 5 - 19: Hecker Pass property owners or future developers shall offer the 3 - acre neighborhood park to the City of Gilroy for future purchase. Policy 5 - 20: To ensure the preservation of designated open space areas in perpetuity, permanent open space easements, deed restrictions, or other such instruments shall be created for each property in each open space area at the earlier of (a) prior to or concurrent with the first discretionary approval for projects for which no map is required; or (b) prior to or concurrent with final map and/or parcel map approvals. In this instance, the tentative map shall have this requirement as a condition of its approval, and that map shall generally describe the area to be restricted. 5.3 GEOLOGY, SOILS, GRAD ING The Specific Plan Area ranges from level flood plains in the south along Uvas Creek to stee p slopes in the northern hillsides. Elevations range from 203 feet in the flat areas south of Hecker Pass Highway to 442 feet in the hillsides north of Hecker Pass Highway. The area contains several types of soils. Generally, these soil types exist eith er entirely north or south of Hecker Pass Highway. A more detailed description of geology and soil types, including maps, can be found in ENGEO’s Preliminary Geotechnical Evaluation for the Hecker Pass Specific Plan , dated February 8, 2001 and ENGEO’s Prel iminary Geotechnical Exploration for Bonfante Gardens Nursery Site, Hecker Pass Specific Plan Area [now the South Valley National Bank/Raley’s Property], dated October 15, 2001. The flat areas south of Hecker Pass Highway are underlain with younger alluv ial deposits. Alluvial materials including unconsolidated clay, silt, sand and gravel have been deposited by Uvas Creek as it meandered across the site over thousands of years (ENGEO Sep 9, 2001). Much of the area south of Hecker Pass Highway, with the e xception of areas immediately adjacent to the creek and where past quarry activities have occurred, are conducive to agricultural production including Conservation and Resource Management 5 - 11 Final Hecker Pass Specific Plan August 2018 orchards, vineyards and row crops. Although much of this land has not been irrigated or used for agricul tural production in years, the Specific Plan preserves a large portion of these soils as Hecker Pass Agricultural between Hecker Pass Highway and future residential development. These areas will be utilized for agricultural production. Soils unsuitable f or agricultural production should be used as development sites, recreational areas, or natural open space areas. The hillsides north of Hecker Pass Highway are underlain by Miocene - age marine sedimentary rock of the Monterey formation. The majority of the hillsides consist of the Monterey formation, which generally includes thinly bedded claystone, siltstone, and sandstone. Residual soils consisting of dark brown silty clay overlay bedrock in the northern portions of the site. Thicker colluvium soils also exist within swales and valleys on the Hoey property and on other properties near Hecker Pass Highway (ENGEO Sep 8, 2001). 5.3.1 SOIL STABILITY The hillsides north of Hecker Pass Highway are known to contain both superficial and deep - seated landslides. Superficial landslides include slumps, earthflows, and debris flows. Two suspected deep - seated landslides were identified to exist in these hillsides and could range from 20 - 50 feet deep. These landslides are considered dormant but the risk for instab ility is considered high. Should development occur in these areas, additional geologic exploration should be conducted and appropriate mitigation measures should be implemented as part of future projects (See ENGEO’s Preliminary Geotechnical Exploration , September 17, 2001, Figure 2 for slide locations). Policy 5 - 21: Development shall not be permitted on slopes greater than 30% and should be avoided in areas of high landslide risk. Applicants for clustered residential projects located north of Hecker Pa ss Highway shall retain a qualified geologist to verify site specific locations of high landslide risk if improvements are proposed within areas as identified in Figure 2 of ENGEO’s Geotechnical Exploration, September 17, 2001. Habitable structures and sup porting infrastructure shall be sited and constructed consistent with the findings of the geologist. Ground shaking is a concern for any site located within the San Francisco Bay Area. Although the site is outside the State of California Earthquake Fault Hazard Zone and no indication of faulting has been identified on site, the site may be subject to at least one moderate to strong earthquake during the life span of the project. This hazard can be mitigated through seismic design provisions that are set forth in current building codes. Policy 5 - 22: All buildings shall be constructed in accordance with current seismic building codes and should be designed to resist minor earthquakes without damage, resist moderate earthquakes without structural damage, a nd resist major earthquakes without collapse. Conservation and Resource Management 5 - 12 Final Hecker Pass Specific Plan August 2018 The colluvial soils located in the hillsides north of Hecker Pass Highway also have moderate to high plasticity and high expansion potential. These soils also tend to be “…relatively compressible under deep er fills and are susceptible to landsliding if undercut (ENGEO Sep 9, 2001). The claystone layers within the Monterey formation are highly expansive and the sandstone layers within the Monterey formation are resistant to erosion. In general, the Monterey formation is friable to moderately strong and highly fractured. South of Hecker Pass Highway, alluvial soils have been deposited in areas where the creek channel used to occur as Uvas Creek has moved over the past century. Alluvial soils such as these tend to be less cohesive and are more susceptible to liquefaction, lurching and lateral spreading. Liquefaction refers to the phenomenon where loose uniformly clean fine sandy soils are subject to temporary but total loss of shear strength during earthqu akes. Lurch cracking and lateral spreading are also the result of earthquakes. As part of the Preliminary Geologic Exploration dated September 17, 2001, ENGEO, Inc. analyzed 20 test pits and 5 borings. Generally, the borings along Uvas Creek consisted o f “dense coarse grained soils with limited silt and clay sized particles” that were described as gravel or gravelly sand. Stiff to very stiff sandy clay was encountered at depths of 29 and 33 feet in these borings (ENGEO Feb 2001, 10). The test pits encou ntered similar materials at ground level and the upper soil consisted of clayey silt or silty clay. The clayey silt or silty clay deposits were shallowest near the creek and got deeper as they moved towards Hecker Pass Highway. Based on these tests, ENGE O, Inc. concluded that liquefaction is unlikely and that lurching and lateral spreading will be “limited at the site with very little potential for ground failure to extend a significant distance back from the top of creek bank.” Three additional borings were analyzed as part of a letter report prepared by ENGEO on February 4, 2003. These boring confirmed the findings of the earlier report. To avoid the potential for lurching and lateral spreading near Uvas Creek, the Specific Plan establishes a 50 - foot minimum improvement setback from top of bank for all structures in accordance with the findings and recommendations of ENGEO, Inc. This 50 - feet is within the Uvas Creek Composite Setback discussed in Section 5.5 and 3.3.1. In addition, subsurface explorat ion should be required for all future development projects and mitigation measures should be considered if necessary. Policy 5 - 23: All developments shall mitigate any geologic safety hazards that might be present on a development site to ensure public sa fety. 5.3.2 EROSION Erosion occurs along steep creek banks with little or no vegetation. The Uvas Creek banks vary in height and slope and are generally covered in vegetation, minimizing the overall threat of erosion. Past activities along the creek have al so reduced the threat of erosion. Riprap has been placed along a section of the creek along the southwestern and western boundaries of the Specific Plan Area to protect these banks. The Specific Plan geological consultant, ENGEO Incorporated, prepared a Preliminary Conservation and Resource Management 5 - 13 Final Hecker Pass Specific Plan August 2018 Geotechinical Evaluation of the Hecker Pass Specific Plan Area on February 8, 2001 and identified only two sections along the creek that were near vertical and free of vegetation and therefore, subject to erosion. ENGEO, Inc. conducted additio nal study as part of the Preliminary Geotechnical Exploration dated September 17, 2001 and the Creek Bank Movement and Erosion Assessment dated April 8, 2003. Historical photographs of the creek indicated that the creek corridor has remained unchanged sin ce at least 1939. Flooding resulted in creek flow levels exceeding the top of bank in 1939; however, Uvas Creek was still in its current location. Borings and test pits analyzed as part of the Exploration encountered sands and gravels that can withstand velocities of 2 - 3 feet per second. Based on the soils found in this subsurface exploration, the historical photographs, and the vegetation along the channel, ENGEO, Inc. determined that the potential for future erosion is low. The reports recommended a mi nimum 50 - foot structural and infrastructure setback from top of bank and recommended possible protection with some form of revetment in one particular section of the creek bank where the bank is in close proximity to the existing sanitary sewer. The subse quent Draft Meander Analysis: No - build Setback Determination for Uvas Creek, Gilroy prepared by Engineering and Hydrosystems Inc. indicated possible erosion at the toe of bank for particular sections along the Creek and established minimum setback criteria from the toe of bank. All improvements shall be setback a minimum of 100 feet from the Uvas Creek toe of bank for the portions of land between Santa Teresa Boulevard and the downstream end of the gravel pit and a minimum of 145 feet from the Uvas Creek t oe of bank slope for the portions of land between the downstream end of the gravel pit and the upstream end of the Specific Plan Area. The S pecific Plan requires compliance with the setbacks established by this most recent study. These setbacks have been incorporated into the composite setback shown on the Land Use Diagram and discussed in Sections 3.3.1 and 5.5. Policy 5 - 24: Prior to issuance of a grading permit for any project proposed within the Specific Plan Area, 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. Policy 5 - 25 : Setback all improvements a minimum of 100 feet from the Uvas Creek toe of bank for the portions of land between Santa Teresa Boulevard and the downstream end of the gravel pit and a minimum of 145 feet from the Uvas Creek toe of bank slope for the porti ons of land between the downstream end of the gravel pit and the upstream end of the Specific Plan Area. Policy 5 - 26: Any improvements within the 100 - foot or 145 foot - setback other than minor trail and park improvements will require full mitigation reco mmended by the project geotechnical engineer and approved by the City of Gilroy Engineer. Conservation and Resource Management 5 - 14 Final Hecker Pass Specific Plan August 2018 5.4 NATURAL RESOURCE PRO TECTION The Hecker Pass Area has been touted as “the Jewel of Gilroy” because of its rural and scenic qualities, open spaces, and natural reso urces. These natural resources contribute to the overall character of the area and are the basis for the plan’s design. Preservation of these resources is important because the Hecker Pass Area also serves as a gateway to the City of Gilroy. Natural res ources within the Hecker Pass Area include the Uvas Creek corridor and its associated riparian woodlands, oak woodlands, grasslands and agricultural/horticultural lands. Figure 5 - 2 shows the various habitat areas within the Specific Plan Area. F i g u r e 5 - 2 : H a b i t a t T y p e s There are no rare or endangered plant species identified as existing within the Specific Plan Area; however, several special - status animal species are identified to potentially occur within the Specific Plan Area or adjacent areas. Spec ial status species include species that are threatened and may be eligible for listing as rare or endangered species by a number of regulatory agencies. While many of the species identified are not known to occur in the Specific Plan Area, the Specific Pl an Area and adjacent areas provide potential habitat for these species. To preserve sensitive habitats to the greatest extent possible, the majority of proposed development within the Specific Plan Area has been limited to areas that currently consist p rimarily of cultivated field, orchards, and horticultural nursery operations. These active agricultural areas currently comprise approximately 65% of the Specific Plan Area and contain no naturally occurring plant species other than a few isolated native trees. Continual human interaction in these areas also limits the presence of wildlife to occasional foraging and hunting. Animals are unlikely to inhabit these areas. The remaining sensitive grasslands and oak woodlands have been mostly preserved as op en space or consist of limited cluster and hillside Conservation and Resource Management 5 - 15 Final Hecker Pass Specific Plan August 2018 development. The Hecker Pass Specific Plan Biological Resource Assessment prepared by EMC Planning Group in February 2001 provides a more detailed description of the existing biologic conditions for thes e areas. Goal 5 - 6: Preserve the natural resources in the Hecker Pass Specific Plan Area. Policy 5 - 27: Impacts to sensitive wildlife species and habitats that occur in the Specific Plan Area shall be avoided whenever possible. Mitigation measures sh all be implemented as necessary to reduce or eliminate impacts to special status species and their habitats. Policy 5 - 28: Sensitive habitat areas should be designated as permanent open space to preserve the natural resources of the area. Policy 5 - 29: Wildlife corridors and connections to sensitive habitat areas should be preserved to the greatest extent possible to permit the free movement of wildlife through open space areas. Policy 5 - 30: As a means of preserving wildlife corridors and habitat area s, development should be clustered on lands with less valuable habitat. Policy 5 - 31: Development should be designated in a manner that will minimize adverse impacts to native trees and habitats. Policy 5 - 32: Promote environmental awareness and education for residents and visitor of the Hecker Pass Specific Plan Area. 5.4.1 RIPARIAN HABITATS The most important and prominent natural resource in the Specific Plan Area is the Uvas Creek riparian corridor and its associated riparian woodland. Uvas Creek is loc ated along the southern and western boundary of the Specific Plan Area. The associated riparian woodland ranges from 25 to 100 feet from the centerline of Uvas Creek to the edge of the tree canopy. Willow thickets, mature western sycamore trees, coast li ve oak, valley oak, Fremont cottonwood and California blackberry are the most prominent trees in the woodland. The tree canopy provides roost and nesting sites for raptors and other birds including white - crowned sparrows, yellow - rumped warblers, bushtits, scrub jays, black phoebe, and northern flickers. Beyond the tree canopy, non - native annual grasses and forbs provide an edge between agricultural lands and the woodland. These grasses and forbs may also Conservation and Resource Management 5 - 16 Final Hecker Pass Specific Plan August 2018 provide seeds and nesting materials for sparrows, f inches and small mammals such as black - tailed hares, pocket gophers and ground squirrels. Harbor insects may also reside in these grasses and forbs. One of the major objectives of the Hecker Pass Specific Plan is the preservation of the Uvas Creek Corri dor located along the southern boundary of the Specific Plan Area. The City of Gilroy General Plan also provides policies for the preservation of natural resources and wildlife habitat areas and specifically targets the Uvas Creek riparian community as a n atural resource for protection. Goal 5 - 7: Ensure the protection of Uvas Creek Corridor by establishing policies and protective measures for adjacent land uses. Goal 5 - 8: Preserve and enhance the Uvas Creek corridor and the associated riparian habitat w herever possible. The Specific Plan calls for the extension of the Uvas Creek Park Preserve along the Uvas Creek corridor. The Park Preserve extension includes Uvas Creek, the associated riparian habitat, and the lands within the Uvas Creek setback. The Park Preserve will be offered for dedication to the City of Gilroy or resource agency. The extension of this Park Preserve provides for the protection of this natural habitat. Policy 5 - 33: The Uvas Creek riparian corridor, the associated riparian habit at, and the lands included in the setback area shall be incorporated into the existing Uvas Creek Park Preserve and offered for dedication to the City of Gilroy or resource agency. Because riparian habitats are important to sensitive species, riparian hab itats are regulated by many federal, state and local government agencies. Regulating federal agencies include the US Army Corps of Engineers (USACE), the United States Fish and Wildlife Service (USFWS), and the National Marine Fisheries Service (NMFS). S tate jurisdictional agencies include the California Department of Fish and Game (CDFG) and the Regional Water Quality Control Board. Finally, local jurisdictional agencies include the City of Gilroy and the Santa Clara Valley Water District (SCVWD). Poli cy 5 - 34: Any recreational improvements proposed adjacent to Uvas Creek and its associated riparian habitat shall be done in consultation with appropriate resources agencies (i.e., California Department of Fish and Game, National Marine Fisheries Service, U .S. Army Corps of Engineers, Santa Clara Valley Water District) to determine possible permitting requirements . The US Army Corps of Engineers, with jurisdiction established under Section 404 of the Clean Water Act, is primarily concerned with any potentia l impacts to the Uvas Creek Streambed. Permits are required for any proposed alterations within the streambed including grading and filling and any new discharges into the streambed. Prior to approving any permits, the Regional Water Quality Control Boar d must issue a certificate or waiver of a certificate that states the Conservation and Resource Management 5 - 17 Final Hecker Pass Specific Plan August 2018 proposed activity meets state water quality standards. The Specific Plan does not propose any alterations to the streambed, however, permits for new storm drainage outfalls , as propose d in Chapter 9 - Public Utilities, should be obtained prior to construction. Policy 5 - 35: All proposed outfalls shall be designed to meet all state water quality standards and shall obtain permits from all required resource agencies. Any improvements o ccurring within 50 feet of the top of bank must also be submitted to and reviewed by the Santa Clara Valley Water District (SCVWD). SCVWD determines the impact of improvements on hydraulic capacity, the environment, water supply, and water quality and pro vides recommendations to reduce these impacts. Generally, SCVWD discourages improvements within 50 feet of the top of bank but provides guidance for improvements that may be necessary within this area such as creek bank stabilization and storm drain outfa ll structures. The California Department of Fish and Game acts as the lead agency for all of the state and federal regulatory agencies and is concerned with preserving habitat for rare and endangered species. CDFG requires notification, review, and pot entially permits for any proposed alterations to the streambed and generally recommends that all improvements be setback a minimum of 100 feet from the edge of riparian habitat or top of creek bank to ensure preservation of the riparian habitat. Encroachm ents into the 100 - foot setback should be mitigated by replacing any lost habitat. Policy 5 - 36: All improvements within the Hecker Pass Specific Plan Area shall be setback a minimum of 100 feet from the top of bank or edge of riparian corridor (whicheve r is greater), subject to review and approval by the City of Gilroy and the California Department of Fish and Game. No development should be allowed in the buffer areas except for improvements associated with passive recreational uses such as pedestrian t rails, picnic tables and benches, etc. To the greatest extent feasible, recreation improvements within the buffer area should be sited and designed to avoid direct and indirect impacts to the riparian habitat. Any encroachments will require mitigation. Policy 5 - 37: Any loss of habitat within the Uvas Creek corridor resulting from development shall require the project proponent to retain a qualified biologist to prepare a Habitat Mitigation Plan to identify the exact amount and location of impacted and r eplacement habitat. Replacement vegetation shall be locally obtained native riparian species. Any loss of riparian woodland vegetation should be mitigated on - site, when possible, at a minimum of 3:1 replacement ratio, unless otherwise determined by the D epartment of Fish and Game and the City of Gilroy. Policy 5 - 38: Discourage human intrusion into natural riparian habitat by limiting access into the riparian corridor and restricting trails to dirt paths and natural wildlife corridors. Conservation and Resource Management 5 - 18 Final Hecker Pass Specific Plan August 2018 Policy 5 - 39: La ndscaping plans for any recreation improvements proposed in or adjacent to riparian habitat shall include lighting specifications that shall be consistent with the requirements of the adopted environmental mitigation measures, and shall include at least th e following elements: All lighting adjacent to riparian habitat along Uvas Creek will be directed o away from the riparian habitat; No lighting will be installed in the riparian buffer area; and o No lighting will generally be allowed after 11:00PM. o Policy 5 - 40: Prior to construction, proponents for any recreation improvements proposed in or adjacent to the Uvas Creek riparian corridor should retain a qualified biologist to inform workers of potential presence of the special - status species, their protected st atus, work boundaries, and measures to be implemented to avoid loss of these species during construction activities. Policy 5 - 41: Any recreation improvements proposed in or adjacent to the Uvas Creek riparian corridor shall undergo additional environmenta l review to assess impacts of the proposed development on potential biological resources in these habitats. Policy 5 - 42: Encourage Hecker Pass property owners and project developers to promote environmental preservation and restoration through the establi shment of an environmental education center and trail along Uvas Creek that includes information centers or kiosks, trail monumentation, and informational signage. In addition to setback requirements, the CDFG identifies a number of species that require p rotections or special consideration. This list also identifies those species federally protected by the US Fish and Wildlife service. Additional species are identified by the National Marine Fisheries Service that are not included on the CDFG list. Ste elhead are known to exist within the Specific Plan Area and migrate and spawn in gravel areas of Uvas Creek. Although steelhead are no longer considered endangered or threatened by either the USFWS or CDFG, the National Marine Fisheries Service identifies this species as threatened along the Central California Coast. Other important species known to exist in the area that have potential habitat within Uvas Creek and the associated riparian corridor but have not been observed in the Specific Plan Area incl ude the California tiger salamander, a federally proposed threatened species and the California red - legged frog, a federally threatened species; Species of special concern that have no known listing of occurrence in the area but have potential habitat in U vas Creek include the western spadefoot toad, foothill yellow - legged frog and the western pond turtle. Policy 5 - 43: For any recreational improvements proposed in or adjacent to the Uvas Creek riparian corridor, which contains potential habitat for Calif ornia tiger salamander, western spadefoot toad, yellow - legged frog, California red - legged frog, western pond turtle, steelhead, yellow - breasted chat, and/or yellow warbler, Conservation and Resource Management 5 - 19 Final Hecker Pass Specific Plan August 2018 construction related activities should be conducted outside of the rainy season. T he project proponent shall 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 shall salvage and reloc ate individual(s) to an appropriate area outside of the construction zone. If California red - legged frog, a federally threatened species, or California tiger salamander, a species proposed for federal listing as threatened, are observed at the site, const ruction activities shall be halted and the USFWS shall be contacted for further assistance. 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 survey area, at the disc retion 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. Policy 5 - 45: Landscaping plans for any recreation i mprovements proposed in or adjacent to riparian habitat shall include appropriate guidelines to prevent contamination of Uvas Creek and its associated riparian habitat by pesticide, herbicides, fungicides, and fertilizers. Landscaping should include appro priate native plant species and should not include plantings of non - native, invasive plant species. In addition to protecting the existing habitat, SCVWD, CDFG, and USFWS encourage the restoration and enhancement of habitat that has encountered intrusion of non - native species or has been damaged by human activity. Uvas Creek is a prime example of this type of habitat since the Uvas Creek corridor has become over run with a highly invasive non - native grass called Arundo Donax. Restoration and enhancement planting plans are subject to jurisdictional review and approval. Restoration and enhancement landscaping guidelines for the Uvas Creek Corridor are discussed in further detail in Chapter 7 – Community Design. Restoration and enhancement may also include the restoration of animal species such as the establishment of a steelhead fishery to repopulate Uvas Creek. Policy 5 - 46: Future mitigation in the Uvas Creek Park Preserve should include revegitation with native plant species to enhance the appearance a nd improve the habitat value of the corridor. Revegitation plans shall be subject to review and approval by the Department of Fish and Game. Policy 5 - 47: The City of Gilroy should work with the Santa Clara Valley District to pursue eradication of non - n ative plants, revegitation with native plants, native plantings within existing riprap, and establishment of a mitigation bank site for mitigation of future Gilroy development. Conservation and Resource Management 5 - 20 Final Hecker Pass Specific Plan August 2018 Policy 5 - 48: The City in conjunction with the SCVWD should consider establishi ng future mitigation bank areas within the Specific Plan Area for other City project mitigations. Policy 5 - 49: Encourage Hecker Pass Specific Plan property owners and project developers to promote the creation of an environmental education center and trai l along the Uvas Creek park area, including an information center or kiosk, trail monumentation and informational signage. Policy 5 - 50: Encourage Hecker Pass Specific Plan property owners and project developers to promote the establishment of a steelhea d trout fishery project for Uvas Creek. 5.4.2 GRASSLANDS AND OAK W OODLANDS In addition to the Uvas Creek Riparian habitat, the Hecker Pass Specific Plan Area contains two other sensitive habitat areas including grasslands and oak woodlands. Grasslands l ocated on the northern side of Hecker Pass Highway include annual non - native grasses such as wild oat, foxtail, soft chess and ripgut brome and forbs such as wild mustard, bur clover and yellow star thistle. These grasses provide habitat for small mammals including voles and pocket gophers, which are an important source of prey for species such as red fox, various snakes, American kestrel and raptors including the red tailed hawk. Small mule deer may also use these grasses for foraging. Oak woodlands e xist on the hillsides north of the grasslands. Coast live oaks are the dominant species and scattered valley oak and blue oak also occurs. Non - native and annual grasses and forbs occur underneath the tree canopies. The oak woodland habitat provides food , cover, roosting and breeding sites for animals such as mule deer, western grey squirrel, deer mice, woodrats, woodpeckers, northern flickers and scrubjays. Insects living within the foliage and bark of oak trees provide food for ash throated flycatchers , white - breasted nuthatches and western kingbirds. Fungus, lichen, mistletoe and galls growing on oak trees provide food for raccoons and mockingbirds. Western bluebirds, American kestrels, rufous - sided towhee, and California quail may also occur within this woodland. Snakes and raptors such as the red - tailed hawk may prey on smaller animal within this woodland. Habitat for potential special status species exists in the grasslands and oak woodlands north of Hecker Pass Highway. Raptors such as the gold en eagle, white tailed kite, northern harrier, cooper’s hawk and short eared owl are known to occur in the area and could maintain active nests in riparian woodland and oak woodland habitats. Active raptor nests are protected by the Conservation and Resource Management 5 - 21 Final Hecker Pass Specific Plan August 2018 California Department of Fish and Game. Loggerhead shrike and burrowing owl habitat are present in the Specific Plan Area but these species have not been observed in the area. The Specific Plan seeks to preserve rare and endangered species to the greatest extent possible. To achieve this goal, development locations are mostly limited to lands subject to agricultural and horticultural uses with little or no habitat value. The habitats where these special status species might occur will be avoided to the greatest extent poss ible and preserved as permanent open space areas or mitigated. Policy 5 - 51: Prior to construction, proponents for any development proposed adjacent to oak woodland and grassland habitat should 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. Policy 5 - 52: Any development proposed in or adjacent to oak woodland and grassla nd habitats should undergo additional environmental review to assess impacts of the proposed development on potential biological resources in these habitats. Policy 5 - 53: Pre - construction burrowing owl surveys shall be conducted for development proposed i n or adjacent to grasslands and fallow agricultural land that contains burrowing mammals, or show signs of burrowing. If active nests are found within 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). Policy 5 - 54: Pre - construction surveys for protected birds shall be conducted for improvements or development proposed in or adjacent to potential nesting habitat within oak woodlands if development is proposed during the nesting and/or breeding sea son of loggerhead shrike (generally February through June) or raptors (generally March through August). If active nests are found within survey area, at the discretion of the biologist, clearing and construction within 250 feet shall be postponed or halte d until nests are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting. 5.5 COMPOSITE UVAS CREEK SETBACK As discussed above, there are a variety of factors and jurisdictional agencies requiring protection along Uvas Cree k Corridor. Since the setbacks required for each of these considerations do not always coincide, a composite Uvas Creek setback was established that combines all of the various standards into one comprehensive setback. Figure 5 - 3 shows how each setback a long Uvas Creek combined to form the composite setback depicted as “The Composite Uvas Creek Setback” on the Land Use Diagram in Chapter 3. Conservation and Resource Management 5 - 22 Final Hecker Pass Specific Plan August 2018 [This Page Intentionally left blan k] Conservation and Resource Management 5 - 24 Final Hecker Pass Specific Plan August 2018 In areas where the minimum setback cannot be achieved, on - site mitigation may be provided to the satisfaction of the appropriate jurisdictional resource agencies, geologic consultants and the City of Gilroy to augment the areas of encroachment. Two not able areas will likely require encroachment into the riparian setback. The first encroachment occurs near the existing terminus of the Third Street extension. In order to provide for a safe and smooth geometric alignment of the Third Street extension, th e roadway must encroach into the setback as the roadway curves slightly north and continues west. The second encroachment occurs behind the Goldsmith Seeds property. Existing buildings prevent the roadway from shifting further north and may require encro achment into the riparian setback. Figure 5 - 3 shows the location of future encroachments into the riparian setback area. The exact location and amount of encroachment will be determined when the final alignment for Third Street is designed. Any encroach ments will require mitigation. 5.6 CULTURAL RESOURCES Hecker Pass’s rich culture has established the area as one of Gilroy’s most prized areas. The Hecker Pass Area played an important role in Gilroy history and the area still contains remnants of this ric h and colorful past. In addition to these remnants, the area continues to provide working agricultural lands and beautiful scenery. These resources add to the overall character of the Hecker Pass Area, provide educational opportunities, and serve as a po tential tourist draw. The protection of these resources ensures that Hecker Pass remains one of Gilroy’s most valuable resources. 5.6.1 HISTORIC AND CULTURA L RESOURCES Historic and cultural resources are protected by the National Park Service, the California Office of Historic Preservation, the County of Santa Clara and the City of Gilroy. Many relics of Hecker Pass’ history remain in the form of structures and may be significant historical resources. Figure 5 - 4 illustrates the location of these historic res ources. The historic Greek Revival - style home on the Hoey Ranch site, also known as the Ousley House is located at 2485 Hecker Pass Highway. The Ousley House has been designated as a historic site by the City of Gilroy, is listed on the County Register , and was identified as eligible for the National Register by Caltrans in 1991. The home is currently owned and occupied by the Hoey family and is intended to be preserved in its current state. The home, associated structures and site provide a significa nt historical resource to the City of Gilroy and the County of Santa Clara. In the event that the family chooses to sell the property, the home should be preserved as a residence or may be used as a future site for a bed and breakfast, a historical and cu ltural center, or other appropriate agri - tourist uses. Conservation and Resource Management 5 - 25 Final Hecker Pass Specific Plan August 2018 F i g u r e 5 - 4 : H i s t o r i c R e s o u r c e s The large red Hoey barn located on the south side of Hecker Pass Highway also provides a historically significant resource to the area. The Specific Plan incorpora tes the preservation of this barn for continued agricultural use or agri - tourist commercial use. Policy 5 - 55: Prior to approval of any future development plans on the property containing the potentially historical Ousley house and associated structures (c urrently owned by the Hoey family) that call for the demolition of these structures, the applicant shall contract with a qualified historian to have the structures evaluated for historical significance and shall implement mitigation measures recommended by the historian to mitigate any potential impacts to the structures. Policy 5 - 56: Encourage owners and project developers of the Hoey property to provide for the preservation of the Ousley House/Hoey Ranch House and possibly the establishment of a historic cultural center. Hecker Pass is often associated with the wineries that exist along this well traveled thoroughfare. The first and oldest winery within the Specific Plan Area is the Conrotto Winery. Although this winery is no longer in production, nor is it listed on any historical register, it provides numerous structures that may have some cultural value. The oldest home on the former Conrotto site, built circa 1890, is a vernacular home with Queen Anne Victorian style elements. The second home is a Spanish colonial revival home built by Anselmo Conrotto prior to World War II. This home once housed the tasting rooms for the winery. The winery complex consists of five structures Conservation and Resource Management 5 - 26 Final Hecker Pass Specific Plan August 2018 including the main winery building, a small pressing room, a tasting ro om, a small barn and a shed. The main winery building, which was built into a hill, includes a fermentation room on the upper level and a storage room on the lower level. This unique configuration allowed fermented juice to gravity flow into the storage tanks below without the aid of expensive pumping equipment. In addition to the building, much of the old equipment, including the wine press, used by the Conrotto Winery are still located in the press room. The final element of the Conrotto winery site i s a large oak tree next to the oldest home. Many of the buildings are in serious disrepair and may not be suitable for preservation. Policy 5 - 57: Prior to approval, any development on the portion of the South Valley Community Church property adjace nt to the former Conrotto Winery shall prepare and submit a plan to the City to mitigate impacts to the Conrotto Winery and associated structures. The plan shall be prepared in consultation with a registered archeological historian and follow one of the f ollowin g four options specified in the historical resource evaluation: Keep all or some of the structures of architectural and historical significance. o The structure may have use changes in order to merge with the proposed development; Move structures to a new location on Hecker Pass Highway where they may o be still viewed and appreciated. This relocation alternative may involve all or some of the structures depending on feasibility; Construct new building and landscaping to merge some or all of the old o st ructures with the new project architecture; Design a display along Hecker Pass Highway in front of the proposed project, o or a new location along Hecker Pass Highway that would utilize structures, winery elements, and landscaping for a theme of Conrotto vin iculture. In addition to the historic resource mentioned above, The City of Gilroy Hecker Pass Corridor Land Use Plan , prepared by Crawford, Multari & Starr in November 1993, identifies existing archaeological resources within the Specific Plan Area, whic h are also protected by state agencies. According to the Hecker Pass a Family Adventure Final EIR prepared by EMC Planning Group in 1990, three archeological sites were identified within the Hecker Pass Specific Plan Area. Past construction activities h ave either buried or destroyed site CA - SCL - 84 in the flood plain area and severely impacted site CA - SCL - 82. Four bedrock mortar holes were found on site CA - SCL - 82 and the site may still contain intact materials. The third site (CA - SCL - 89) was located at the corner of Santa Teresa Boulevard and Hecker Pass Highway. Mortar bowls and pestles were discovered at a house located near this corner and larger sites are buried by creek sedimentation. There is also a known archeological site located on the Hoey pr operty north of Hecker Pass Highway. These archeological sites should be preserved to the greatest extent possible. Policy 5 - 58: Any applicant proposing development on the property north of Hecker Pass Highway where the known archeological resource is lo cated shall retain a qualified archeological consultant to carry out an archeological testing program prior to approval of a development permit. The testing program will document Conservation and Resource Management 5 - 27 Final Hecker Pass Specific Plan August 2018 the content, extent, and quality of the resource and include specific mitiga tion measures for protecting the resource. The report shall be reviewed with the City and mitigation measures shall be implemented as required by the City. Mitigation options include: 1) planning construction to avoid the site; 2) deeding the site into a permanent conservation easement; 3) capping or covering the site with a layer of soil before building on site; or 4) planning parks, green space or other open space to incorporate the site. 5.6.2 VISUAL RESOURCES The visual resources in an area help define th at area’s character. This is especially true of the Hecker Pass Specific Plan Area because of its agricultural fields and spectacular views to Uvas Creek, the hillsides north of Hecker Pass Highway and the Gabilan Mountains. Preservation of these views a re critical to maintaining the rural feel of the area and preserving Hecker Pass as the Jewel of Gilroy. Conservation and Resource Management 5 - 28 Final Hecker Pass Specific Plan August 2018 S CENIC CORRIDORS Hecker Pass Highway is the main vehicular corridor through the Hecker Pass Area and provides the greatest opportunity for visitor s to first experience the Hecker Pass Area. Upon entering Gilroy from the west, the Hecker Pass Area serves as a scenic gateway to the city. Residents and tourists traveling out of the city can also experience the views to Uvas Creek and the Gabilan Moun tains. The portion of Hecker Pass Highway within the Specific Plan Area is lined with mature stands of Deodar Cedar and oak trees that provide shade and a natural edge along the Hecker Pass corridor. The City of Gilroy General Plan has identified these trees as important visual resources. West of the Specific Plan Area, Hecker Pass Highway winds through beautiful vineyards, into the hillsides, through redwood forests, and finally to the Pacific coast. A major goal of the Hecker Pass Specific Plan is to preserve the aesthetics and character of the Hecker Pass Highway corridor. The California Scenic Highway Program was established by the State legislature in 1963 to preserve California’s Scenic highways. The premise for scenic highway preservat ion is the enhancement of California’s natural beauty, the encouragement and growth of recreational and tourist industries, and enjoyment for California residents. The California Department of Transportation (Caltrans) implements the program throughout th e state, maintains a list of Highways eligible for scenic designation and has established “Guidelines for the Official Designation of Scenic Highways” in March 1995. The list of eligible highways includes the portion of Hecker Pass Highway that extends th rough the Specific Plan Area to Highway 1. In order to achieve the scenic designation, the local jurisdiction must prepare and submit a visual assessment and resolution package to Caltrans based on the requirements set forth in the “Guidelines”. Once Calt rans and the Department Transportation Advisory Committee (DTAC) determine that the highway and application meet scenic highway standards, the local jurisdiction must prepare and adopt a Scenic Corridor Protection Program. This program must be prepared wi th public participation and must address five minimum requirements: Conservation and Resource Management 5 - 29 Final Hecker Pass Specific Plan August 2018 Regulation of land use and density of development (i.e., density classifications and types of allowable land uses); Detailed land and site planning (i.e., permit or design review authority and regulations for the review of proposed developments); Prohibition of off - site outdoor advertising [as required per Section 5440.1 of the Business and Professions Code (Outdoor Advertising Act)] and control of on - site outdoor advertising; Careful att ention to and control of earthmoving and landscaping (i.e., grading ordinances, grading permit requirements, design review authority, landscaping and vegetation requirements); and The design and appearance of structures and equipment (i.e., placement of u tility structures, microwave receptors, etc.). The guidelines also reference Section 320 of the California Public Utilities Code, which requires that all new or relocated electric and communication distribution facilities visible from the highway be burie d underground whenever feasible. Although the Specific Plan cannot pursue designation of the Scenic Highway designation, the Specific Plan ensures preservation of the existing scenic qualities within the Specific Plan Area by addressing many of the require ments listed above. The City of Gilroy is encouraged to collaborate with the County of Santa Clara and pursue future Scenic Highway designation for the portion of Hecker Pass Highway that extends through the Specific Plan Area to Highway 1. The numerous policies and design measures provided in the Land Use, Community Design, and Circulation Chapters intend to preserve the natural beauty of the Specific Plan Area and allow for the future Scenic Highway designation. Goal 5 - 9: Establish protection measures t hat will assist the City of Gilroy and the County of Santa Clara to obtain a State Scenic Highway designation for Hecker Pass Highway. Policy 5 - 59: The City of Gilroy shall promote Hecker Pass Highway as a “scenic highway” and enlist the support and coop eration of the County of Santa Clara and the California Department of Transportation to designate Hecker Pass Highway as a State Scenic Highway. In order to maintain the scenic qualities of the highway corridor, the Specific Plan Land Use Diagram (Chapter 3) has limited the amount and type of development allowed to occur within the Specific Plan Area. Since Hecker Pass Highway’s scenic features include agricultural fields and Uvas Creek to the south and the hillsides to the north, the majority of the hill sides to the north will remain undeveloped and large areas to the south have been designated for agricultural use adjacent to the highway to ensure that residential development is less visible. Development should be carefully clustered and sited to preser ve views to Uvas Creek and the Gabilan Mountains. In addition, design guidelines provided in Chapter 7 regulate the type of architecture, signage and landscaping allowed in the area to ensure the rural charter of the entire Specific Plan Area is preserved . Conservation and Resource Management 5 - 30 Final Hecker Pass Specific Plan August 2018 Chapter 4 of the Specific Plan establishes a minimum 115 - foot setback from the existing centerline of Hecker Pass Highway as the Hecker Pass Setback Corridor. This prohibits any development within the setback other than roadway improvements necessary to maintain acceptable levels of service through the Specific Plan Area. This includes the prohibition of parking areas and structures such as buildings, sound walls and solid fencing. Limited signage is allowed but is subject to the provisions in Secti on 7.4.6 of this Specific Plan and Section 5440.1 of the Business and Professions Code (Outdoor Advertising Act). Off - site signage along the highway is strictly prohibited. Uses within the corridor are limited to agriculture, landscaping, a Class I trail , pedestrian pathways , and limited open fencing and signage as further described in Policy 4 - 4 . O pen type fencing is acceptable where appropriate for security, subject to administrative approval by City of Gilroy Planning division in accordance with Secti on 7.4.5 , as are roadway improvements necessary to maintain acceptable levels of service through the Specific Plan Area . New or relocated electric and communication distribution facilities within the Specific Plan Area will also be placed underground s o they are not visible from the highway. Existing overhead lines along the north side of Hecker Pass Highway will remain with the exception of those affected by the Hecker Pass Highway/ Autumn Drive roundabout. Policy 5 - 60: Provide view corridors throug h development areas that visually connect Hecker Pass Highway to Uvas Creek. Policy 5 - 61: Improvements and permitted uses within the Hecker Pass Setback Corridor are restricted to agriculture, landscaping, a Class I t rail , pedestrian pathways, limited fen c ing and signage . O pen type fencing , where appropriate for security, is allowed within the setback corridor subject to administrative approval by City of Gilroy Planning division in accordance with Section 7.4.5, as are roadway improvements necessary to m aintain acceptable levels of service through the Specific Plan Area . Limited signage may also be located within the setback corridor but should be limited in size and type a n d shall conform to the signage guidelines provided in Sections 7.3.2 and 7.4.6. Parking areas and structures including buildings and solid fences are prohibited within the Hecker Pass Setback Corridor. Policy 5 - 62: Develop road and community design standards to protect and enhance Hecker Pass Highway’s scenic and rural character. Policy 5 - 63: All new or relocated electric and communication distribution facilities shall be placed underground whenever feasible. Existing overhead lines along the north side of Hecker Pass Highway will remain with the exception of those affected by the Hecker Pass Highway / Autumn Drive roundabout. Policy 5 - 64: Uses within the Specific Plan Area, which detract from scenic values of the Hecker Pass Highway corridor, shall be mitigated by proper siting, landscaping or screening. Conservation and Resource Management 5 - 31 Final Hecker Pass Specific Plan August 2018 Policy 5 - 65: Off - site si gnage shall be prohibited along the Hecker Pass Highway corridor and on - site signs shall be regulated so that they do not detract from the scenic views. Policy 5 - 66: Building siting, height, colors and materials that are harmonious with the surrounding a rea shall be required within the Hecker Pass Specific Plan Area to make development more compatible with the environment. Policy 5 - 67: Grading activities within the Hecker Pass Specific Plan Area shall be regulated to minimize alteration of existing cont ours and to preserve important vegetative features along Hecker Pass Highway. Policy 5 - 68: To eliminate the use of soundwalls along Hecker Pass Highway, all residential and commercial development shall mitigate noise by employing City approved mitigation measures such as setbacks, building, orientation, landscape berming, architectural sound attenuation, etc. Development along Hecker Pass Highway shall respect and preserve the existing stands of Deodar Cedar trees and the mature oak trees at Two Oaks La ne and the existing Gilroy Municipal Golf Course entrance that line the highway except at intersections. Future access from Hecker Pass Highway should be carefully sited to ensure that a minimum number of these trees are impacted. Policy 5 - 69: Preserv e the existing stand of trees along the Hecker Pass Highway right - of - way except at intersections. Policy 5 - 70: Create roadside development controls and design guidelines to protect the scenic quality of Hecker Pass Highway. HILLSIDE DEVELOPMENT Some low - density development already exists or has been approved within the hillsides north of Hecker Pass Highway. The remaining hillsides consist mostly of slopes that exceed 30% and are considered undevelopable by City of Gilroy Hillside Development Polici es. The Specific Plan preserves these steep slopes as designated Open Space. The Specific Plan allows for some development only in the few areas with gentler slopes. To ensure that this development does not compromise the visual quality of the hillsides, homes should be sited to reduce the visibility from Hecker Pass Highway. Architectural design, color, and materials should also be chosen that minimize the visual impact and reduce grading to the hillsides in accordance with the City’s Hillside Design Gu idelines and the architectural design guidelines of the Hecker Pass Specific Plan (See Chapter 7). Policy 5 - 71: Sensitive engineering and landscaping techniques should be utilized to reduce the visual impacts of extensive grading. Conservation and Resource Management 5 - 32 Final Hecker Pass Specific Plan August 2018 Policy 5 - 72: In hil ly development areas, building pads should not be allowed or should be stepped or graded individually if possible to conform to the natural contours of the site and reduce the amount of grading. Policy 5 - 73: Grading and streets should conform to the natu ral slopes of the hillside to the greatest extent possible to maintain the hillside’s shape and form. Policy 5 - 74: Buildings should conform to the natural landscape through the use of building design and materials. Multi - level foundations, rooflines tha t compliment the topography, variations in massing, and earth tone colors and material should be used to blend in with the surrounding hillsides. UVAS CREEK Uvas Creek provides some of the most aesthetic views within the Specific Plan Area. These views should be accessible to all residents and visitors. To achieve this, the creek corridor and areas immediately adjacent to the creek have been preserved as public open space. The Specific Plan leaves a majority of the creek visually accessible by providi ng public roadway frontage along the creek rather than backing homes up to the creek. View corridors extending from Hecker Pass Highway, between development clusters, to the riparian corridor and the surrounding open space further enhance views to Uvas Cr eek. 5.7 PUBLIC SAFETY The concerns for public safety within the Hecker Pass Specific Plan are related to fire safety and noise. 5.7.1 FIRE If not properly mitigated, the Hecker Pass Specific Plan presents more potential fire hazards than typical residential d evelopment because of the large areas of open space provided. Open fields between development clusters and the hillsides north of Hecker Pass are particularly vulnerable to fire. The Gilroy Fire Department designates the hillsides north of Hecker Pass Hi ghway as a high fire hazard area. Fire protection services provided by the City of Gilroy are discussed in Section 6.4. Goal 5 - 10: Protect existing and future development within the Hecker Pass Area from fire hazards. Conservation and Resource Management 5 - 33 Final Hecker Pass Specific Plan August 2018 Maintenance of the open space are as will be the single most important factor to preventing fires in the area. Homes and commercial structures adjacent to open space shall provide 60 - foot fire hazard reduction zones as shown in Figure 5 - 5. F i g u r e 5 - 5 : F i r e H a z a r d R e d u c t i o n Z o n e Po licy 5 - 75: Future development and agricultural areas or open space areas adjacent to development shall maintain a 60 - foot fire hazard reduction zone between buildings and open areas. This hazard red uction zone shall consist of 30 feet of irrigated lands cape area adjacent to the building pad and an additional 30 feet of fuel transition area. The irrigated landscape area may consist of private yard and other landscaped areas. The fuel transition area may consist of irrigated crops, agricultural maintenan ce roads, roadways, agricultural buffers or may simply consist of land that has brush removed, trees pruned and grass kept mowed no greater than 4 inches high from March through November. Policy 5 - 76: Homes with deep lots and against hillside or open area s shall have a 60 - foot fire hazard reduction zone. The first 30 feet from the building pad shall consist of an irrigated landscape area. The remaining 30 feet shall have brush removed, trees pruned and grass kept mowed no greater than 4 inches high from March through November or may contain irrigated crops. Open fields should be plowed or disked when not in active agricultural use. Policy 5 - 77: Open Space not part of a home parcel shall be maintained so that there is a 30 - foot irrigated strip of fire r esistive landscaping surrounding any building. An additional 30 - foot strip shall have brush removed, trees pruned and grass kept mowed no greater than 4 inches high from March through November. Conservation and Resource Management 5 - 34 Final Hecker Pass Specific Plan August 2018 Landscaping in front and rear yards shall be planted with fi re resistant plants as discussed in Section 7.4, the City’s Consolidated Landscaping Policy, and applicable sections of the Uniform Building Code. Open space areas and yards abutting hillsides, agricultural areas, or open space areas shall have brush remo ved, trees pruned and grass kept mowed no greater than 4 inches high from March through November and small branches on trees shall be pruned to a height of 6 - feet to remove “ladder fuels”. Irrigated crops are allowed in Fuel Transition Zones. Open fields should be plowed or disked regularly when left fallow to eliminate tall combustible grasses and weeds. P olicy 5 - 78: All new landscaping shall be approved fire resistive plants as required by the City’s Consolidated Landscaping Policy and applicable se ctions of the Uniform Fire Code (UFC app.11 - a). All landscaping within 30 feet of a building shall be irrigated. Landscaping plans shall be submitted to the Deputy Fire Marshall for approval prior to building final occupancy permit. Policy 5 - 79: Mainta in all open space areas to reduce the risk of fire in the Hecker Pass Area, including disking fallow agricultural lands. Policy 5 - 80: Prior to building final occupancy permit, trees shall be trimmed at least 10 feet from chimney outlets. Dead branches s hall not overhang roof - lines. Policy 5 - 81: Prior to combustible construction, native bushes and weeds shall be cleared a minimum of 30 feet from the structure/pad. All small branches on trees shall be pruned to a height of 6 feet to remove “ladder fuels ”. Project design can be used to reduce the risk of fire hazard in the Specific Plan Area. All hillside homes will be subject to the hillside design requirements set forth in the City of Gilroy Zoning Ordinance. Homes within the hillsides north of Hecke r Pass Highway shall use “Class A” roofing materials to reduce the risk of fire. Fire resistant landscaping, such as the landscaping required by the City’s Consolidated Landscaping Policy and applicable sections of the Uniform Fire Code (UFC app.11 - a) sha ll also be required in hillside developments. Chimneys shall be equipped with spark arresters and must be located a minimum of 10 feet away from trees. Addresses must be clearly marked so emergency vehicles can find each residence easily and quickly when responding to emergency calls. Adequate emergency vehicle access shall be provided to all developments per the review and approval of the Gilroy Fire Department. Fire sprinklers shall be required in all hillside homes and shall be monitored by local ala rm. Fire hydrants must be appropriately located and provide the necessary pressure and fire flows determined by the Fire Department. In addition to hillside areas, other high - risk fire areas shall also be required to meet the requirements of the City o f Gilroy fire department. Residential fire sprinklers shall be required for projects where unusual fire risk (e.g., weather, hazardous vegetation, interface to wild - lands or intermix with wild - lands), limited access for firefighting, excessive response ti mes, difficult topography or limited water flow, create the need for such protection and other forms of Conservation and Resource Management 5 - 35 Final Hecker Pass Specific Plan August 2018 mitigation are unavailable. Other forms of acceptable mitigation may include the construction and staffing of a new fire station. When hazardous vegeta tion is adjacent to or within a development, fuel transition zone policy, defensible space policy and fire resistive exterior construction methods shall be adopted, subject to review and approval of the Gilroy Fire Department Chief. Site - specific fire mit igation measures will be established at the tentative map or architecture and site approval phases of projects to the satisfaction of the Gilroy Fire Department Chief. Policy 5 - 82: Residential fire sprinklers shall be required for projects where unusual f ire risk (e.g., weather, hazardous vegetation, interface to wild - lands or intermix with wild - lands), limited access for firefighting, excessive response times, difficult topography or limited water flow, create the need for such protection and other forms of mitigation are unavailable. Other forms of acceptable mitigation may include the construction and staffing of a new fire station. Policy 5 - 83: All hillside construction shall be required to meet the City of Gilroy Hillside Development Guidelines incl uding all policies related to fire protection. Policy 5 - 84: Homes shall be constructed with Class ‘A’ Roof systems. Policy 5 - 85: Fire sprinklers conforming to NFPA 13D are required in hillside homes including the garage and crawl spaces greater than 50 square feet with 5 feet of clearance. Hillside homes shall be monitored by local alarm. Policy 5 - 86: Attic vents within hillside homes shall be screened with meshed material suitable for high hazard zones. Policy 5 - 87: All chimneys in hillside homes s hall be equipped with spark arresters and must be located a minimum of 10 horizontal feet from trees. Policy 5 - 88: Decks in hillside homes shall have the underside protected by “one - hour - rated” construction or fire sprinkler coverage. Policy 5 - 89: Build ing pads for hillside homes shall be within 150 feet of a fire access road. Policy 5 - 90: Roadways and shared driveways shall provide a minimum of 20 feet of unobstructed travel. Roadways less than City Standard shall be posted for no parking with red st riping. Signage and striping shall be maintained in good condition. Policy 5 - 91: Address numbers in hillside areas must be provided on a 4 - inch square post, 36 inches tall if address numbers on homes are not clearly visible from the street. The post can include a mailbox or can stand alone. All numerals shall be minimum of 2 - 1/2 inches in height with a 3/8 inch stroke and must read from left to right or top to bottom. (UFC 10.301) Conservation and Resource Management 5 - 36 Final Hecker Pass Specific Plan August 2018 Policy 5 - 92: Fire hydrants must be installed in locations determined n ecessary by the Fire Department and must have a static pressure of at least 43 psi. Fire hydrant flows must also meet the Fire Department requirements of 2000 gpm@ 20 psi residual. (UFC app. III - A) Policy 5 - 93: Roadways and shared driveways shall provi de a minimum of 20 feet of unobstructed travel. Roads shall not exceed 15% grade. Driveways greater than 15% grade shall provide Fire Engine turnouts. Policy 5 - 94: Gates, including emergency vehicle access and agricultural gates, shall be the same wid th as the roadway and if locked, shall be provided with KNOX key access. All homes and commercial structures within the Hecker Pass Specific Plan Area, regardless of whether they are located in the Hillsides or not, shall be required to meet the most curr ent fire department development policies that are adopted at the time of development. Policy: 5 - 95: All future development within the Hecker Pass Specific Plan Area shall be subject to the most current fire department policies and regulations in place a t the time of development. 5.7.2 NOISE The major source of noise in the Hecker Pass Specific Plan Area will be the traffic along Hecker Pass Highway. As the City of Gilroy continues to grow, traffic along this thoroughfare will increase, generating more noise in the Hecker Pass Area. Projections by Edward L. Pack Associates, Inc. indicate that under build - out conditions the 60dbl DNL noise contour will occur about 246 feet from the Centerline of Hecker Pass Highway and the 65 dbl DNL contour will occur about 1 14 feet from the centerline. Since the installation of soundwalls along Hecker Pass Highway is prohibited in the Specific Plan Area, alternative methods for sound attenuation and a reduction in the required noise levels are required. Rather than install ing soundwalls, the Specific Plan incorporates broad agricultural and open space areas and buffers between proposed development and roadways as a means of minimizing traffic generated noise impacts on proposed development. These open space buffer areas pr ovide a 115 - foot setback from the existing centerline of Hecker Pass Highway for proposed commercial development and 250 - foot setback from the existing centerline of Hecker Pass Highway for proposed residential development as shown in Figure 5 - 6. Conservation and Resource Management 5 - 37 Final Hecker Pass Specific Plan August 2018 F i g u r e 5 - 6 : N o i s e S e t b a c k s These buffers serve not only to enhance the rural agricultural character of the area, but they also avoid the need for unsightly sound walls that might ordinarily be used to attenuate sound. In cases where noise setbacks are not feasible, alternative City approved noise mitigation measures such as building orientation, landscape berming, architectural sound attenuation, etc. may be utilized. Policy 5 - 96: All proposed residential development should be setback a minimum of 250 feet from Hecker Pass Highway Centerline. If 250 feet cannot be accomplished, lesser setbacks that still meet the City of Gilroy noise policies may be implemented or alternative sound attenuation measures may be utilized. Mitigation measures must not interfer e with views over the site and must be consistent with the scenic highway criteria and design standards. Policy 5 - 97: All proposed agri - tourist and agricultural commercial development should be setback a minimum of 115 feet from the existing centerline of Hecker Pass Highway. Proposed Agri - tourist and Agricultural Commercial projects where outdoor uses are proposed within 115 feet of the existing centerline of Hecker Pass Highway shall prepare a project noise study. The study shall define mitigation mea sures needed to ensure that exterior and interior noise levels do not exceed city noise standards. Mitigation measures shall be included in proposed projects subject to review and approval of the City of Gilroy Engineering Division. Mitigation actions mu st not interfere with views over the site and must be consistent with scenic highway designation criteria and design standards contained in the Specific Plan. Conservation and Resource Management 5 - 38 Final Hecker Pass Specific Plan August 2018 Policy 5 - 98: Sound walls shall not be permitted along the Hecker Pass Highway Corridor. Policy 5 - 99: No sensitive noise receptors should be located within 115 - feet of the existing centerline of Hecker Pass Highway unless adequately mitigated. Policy 5 - 100: The City should pursue lowering speed limits on Hecker Pass Highway in the Specific Plan A rea to reduce impacts from vehicle noise. The second greatest source of ambient noise in the Hecker Pass Area is Santa Teresa Boulevard. Currently Santa Teresa Boulevard generates 60 dBA DNL 216 feet from centerline and 65 dBA DNL 100 feet from centerlin e. These noise levels are expected to increase to 60 dBA DNL 294 feet from centerline and 60 dBA DNL 137 feet from centerline at General Plan buildout. These noise levels do not extend into the proposed development areas of the Specific Plan , which are l ocated at least 400 feet from Santa Teresa Boulevard. The future extension of Third Street and the Uvas Creek park preserve will generate new noise levels in the area. Traffic along Third Street and the use of Uvas Creek Trail by bicyclists, pedestrian s, and others will likely result in noise levels, however it is anticipated that they will not exceed the city noise standards. Agricultural operations within the Specific Plan Area may generate noise that could disturb residents. In order to address the se potential noise conflicts, the Specific Plan suggests that the City adopt a “right - to - farm” ordinance and requires an Integrated Agricultural Management Plan be incorporated into the Conditions, Covenants and Restrictions (CC&R’s) for all properties tha t include agricultural uses (see Section 5.2.1.3). The Integrated Agricultural Management Plan should ensure that agricultural operations and residential uses may coexist with minimal conflict by identifying appropriate times and uses of farm machinery an d other agricultural operations that may generate noise. This plan shall be prepared based on the recommendation of the City of Gilroy and shall require City administrative approval. Future homebuyers, renters, and commercial tenants must be informed of and acknowledge this ordinance and any related Integrated Agricultural Management Plans prior to purchasing a home or leasing space adjacent to agricultural areas. 5.7.3 HAZARDOUS MATERIALS Since agricultural production can involve the use of pesticides t hat may pose a safety risk to residents, the Specific Plan requires a minimum 50 - foot buffer between crops and dwelling units to ensure residents are not affected by chemical applications and other agricultural activities. Site features and improvements within the buffer may include agricultural maintenance roads, driveways, public roads, swales or landscaping and may act as a fuel transition zone for structures. The buffer may occur wholly or in part on either residential, Hecker Pass Agriculture (HPA) or Agriculture Commercial (AC) designated land use areas. In addition to minimum buffers, the Specific Plan requires that an Integrated Agricultural Management Plan be incorporated into the Conditions, Covenants and Restrictions (CC&R’s) for Conservation and Resource Management 5 - 39 Final Hecker Pass Specific Plan August 2018 all properti es that include agricultural uses (see section 5.2.1.3). The Integrated Agricultural Management Plan should ensure that agricultural operations and residential uses may coexist with minimal conflict by identifying appropriate and suitable methods for weed abatement, pest control, fertilization, and erosion control. An Integrated Agricultural Management Plan should establish appropriate weed abatement and pest control measures that have the least impact on surrounding residential uses but still effective ly eliminate pests and weeds identified by area surveys. Non - chemical methods such as cultivation, soil solarization, diversified crop types, mowing, disking, tilling, mulching, use of cover crops, introduction of beneficial predator species and competiti ve plants, release of sterile insects, nets, fencing, and traps are the preferred methods for weed and pest control (University of California and Live Impact). Chemical control methods should be limited. Weed and pest surveys should be conducted in late w inter and in late spring or summer to determine what weeds and pests are present (University of California). Weed abatement and pest control measures that most appropriately suit the conditions of the area should be selected based on these surveys. The t ype of crops anticipated and adjacent uses should also be taken into consideration. Appropriate herbicides and pesticides should be identified including selective chemicals (Pheromones), semi - selective pesticides, non - selective short persistence pesticide s, preemergent herbicides and post - 1 emergent herbicides (University of California and Live Impact) . The Plan should indicate appropriate application methods that reduce the amount of drift such as direct application by backpack sprayers, low - pressure flat fan nozzles on short booms, or low volume controlled droplet applicators (UCIMP). Appropriate monitoring programs that ensure that application equipment is functioning properly should also be included. This includes repairing or replacing faulty equipme nt and ensuring equipment is properly calibrated (Live Impact). Fertilization and erosion control methods that limit the amount of contamination should be identified. The use of fertilizers with the least amount of potential pollutants and the use of o rganic fertilizers or minimal fertilization is encouraged. Erosion control measures should include wide tractor tires, use of cover crops and use of organic soil amendments (Live Impact). Appropriate use of agricultural machinery should be identified. The types and sizes of machinery allowed in the area should be appropriate for the type of crop being produced that results in the least amount of disturbance to neighbors. Hours of operation should be established that minimize disturbance to neighboring residents but still allow for effective agricultural operations. The Integrated Agricultural Management Plan shall be prepared based on the recommendation of the City of Gilroy and shall require City administrative approval. The Specific Plan also recomm ends that the City consider enacting a “right - to - farm” ordinance for the Specific Plan Area to disclose the potential conflict to residents while allowing agricultural activities to continue. Future homebuyers, renters, and commercial tenants must be infor med of and acknowledge this ordinance and any related Integrated Agricultural Management Plans prior to purchasing a home or leasing space adjacent to agricultural areas. Conservation and Resource Management 5 - 40 Final Hecker Pass Specific Plan August 2018 6 COMMUNITY SERVICES AND FACILITIES 6.1 PARKS AND OPEN SPACE The Hecker Pass Specific Plan provides over 98 acres of public parks and open space as shown in Figure 6 - 1. The bulk of this acreage is located within the Uvas Creek Park Preserve and the linear par k that runs adjacent to the park preserve. A future 3 - acre neighborhood park makes up the remaining acreage. F i g u r e 6 - 1 : P u b l i c P a r k s a n d O p e n S p a c e The extension of the existing Uvas Creek Park Preserve and planned 3 - acre neighborhood park meets the General Plan standard of 5 acres of developed park land per thousand population by providing sufficient park land for project residents and by adding park land to the City’s overall park acreage inventory. The Hecker Pass Specific Plan allows for up t o 521 residential units. This equates to a maximum population of 1,824 , based on a 3.5 average family size. In order to meet the General Plan standards, the City should provide approximately 9.12 acres of parkland in this area. The linear park provides approximately 15 acres of active park space in addition to the approximate 80 acres of passive habitat area. In accordance with the City of Gilroy Draft Parks and Recreation System Master Plan dated April 2, 1999, the passive recreational open space provi des limited active recreational uses and may only been valued at 5% of its total acreage when calculating “park acreage per thousand population”. Thus the 80 acres of habitat preserved by the Specific Plan equates to 4 acres of recreational park space for purposes of Community Services and Facilities 6 - 1 Final Hecker Pass Specific Plan August 2018 meeting the General Plan standard. Therefore the Park Preserve and Linear Park add a total of 19 acres to the City’s overall total park acreage inventory. The additional 3 acres of neighborhood park increases the amount of parkland provided by the Specific Plan to 22 acres. Although the City’s “5%” formula does not value the natural habitat as highly as recreational park space, the habitat area is still a valuable community resource because it provides scenic and educational opportunities a nd helps preserve the rural character of the Hecker Pass Area. The park preserve and linear park will be within walking distance (less that 0.5 miles) of all residents within Hecker Pass and the surrounding areas, furthering the goals and policies of the City of Gilroy General Plan and City of Gilroy Draft Parks and Recreation System Master Plan . In addition to the 98 acres, approximately 59 acres of agricultural and 47 acres of private open space throughout the Specific Plan Area will be preserved as ag ricultural fields or natural habitat. For a more detailed description of parks and open space, please refer to Section 5.2 of the Conservation and Resource Management Chapter and Section 3.3 of the Land Use Chapter. For more information on agricultural land uses, refer to Section 3.4. Goal 6 - 1: Extend the Uvas Creek Park Preserve and Trail into the Hecker Pass Specific Plan Area. Goal 6 - 2: Encourage development of “walkable” communities within the Specific Plan Area by establishing a network of pub lic trails. 6.1.1 UVAS CREEK PARK PRES ERVE AND LINEAR PARK The existing Uvas Creek Park Preserve and Levee Trail, which currently runs 1.75 miles along Uvas Creek between Santa Teresa Boulevard and the Thomas Road bridge, will be extended approximately 1.7 mi les into the Specific Plan Area along the Uvas Creek riparian corridor, adding approximately 98 acres to the park. According to the City of Gilroy Draft Parks and Recreation Master Plan , the existing sanitary sewer maintenance road on the north side of Uv as Creek will be upgraded to a Class I trail and provide the major component of the public trail system in the Specific Plan Area. This trail will continue to serve as a City maintenance road but vehicle activity will be limited and should not interfere with pedestrian/bicycle use of the trail. The adjacency of this trail to natural and agricultural areas and the design of the trail will enhance appreciation and provide protection of these valuable resources while preserving the rural character of the He cker Pass Area (see Chapter 7, Community Design). The Uvas Creek Park Preserve and Class I trail will terminate at the intersection of Hecker Pass Highway (State Route152) and Burchell Road. The Uvas Creek Park Preserve consists of two separate areas. The habitat preserve area includes the riparian corridor, buffer area, and all other areas south of the existing sanitary sewer maintenance road. The linear park area includes the future Class I trail and all lands between the Community Services and Facilities 6 - 2 Final Hecker Pass Specific Plan May 2015 trail and the future Third Stre et Extension right - of - way. Section 3.3.3 discuses these areas in further detail. The habitat preserve provides passive recreation and environmental education opportunities. Narrow dirt trails and wildlife corridors within the habitat area will allow li mited public access. Split rail or other open types of fencing will be located along the future Class I trail to restrict access to particularly environmentally sensitive areas of the creek. Signs should be posted that prohibit bicycling, motor vehicles, and other inappropriate activities determined by the City of Gilroy, SCVWD, and the California Department of Fish and Game within the habitat preserve. Interpretive signs may be installed to provide environmental education but should be limited. The li near park will include numerous amenities for residents’ and visitors’ recreational enjoyment. The linear park consists of a Class I recreational trail that can be used for bicycling, running, and walking. The existing paved sewer maintenance road will b e improved to meet Class I Trail design standards and will be opened to the public. Motorized vehicles will not be permitted along this trail except for limited City maintenance purposes. Numerous recreational areas can be provided in the flatter lands o f the linear park that are free of vegetation and can serve as picnic areas, exercise stations, or dog off - leash areas. Active recreational areas such as playgrounds and play fields that include pavement, large structures, and/or non - native vegetation suc h as turf grasses should be located outside the Uvas Creek Composite Setback since areas within the setback are either geotechnically or environmentally sensitive. These may occur along the trail in the form of pocket parks. The public park area could als o be a potential permanent location for an environmental education center. Public trail connections to pathways through residential clusters and commercial developments provide additional bicycling and/or walking opportunities for residents and visitors t hroughout the Specific Plan Area. The Class I trail should serve as part of the regional trail network and should be designed to allow for the possible future connection to the Bay Ridge Regional Trail. Kiosks and signage should be located along this tra il indicating permitted and prohibited uses, hours, names of trails, local connecting routes and mileposts, historic points of interest and descriptions, environmental education, and other visitor information. A staging area for the Class I trail and park preserve is currently planned on the east side of Santa Teresa Boulevard. Although this staging area is not part of this Specific Plan , visitors to the Hecker Pass Area who wish to use the recreational trail may park at this staging area and Community Services and Facilities 6 - 3 Final Hecker Pass Specific Plan August 2018 travel under the Santa Teresa bridge to access the Specific Plan Area portion of the Uvas Creek Park Preserve. The staging area will include parking for cars and bicycles, restrooms, interpretive signage, regulatory signage, directional signage, and shaded structures . Policy 6 - 1: Development proposals for properties within the Specific Plan Area will be required to dedicate land within the Uvas Creek Park Preserve and the designated linear park area to the City of Gilroy for public open space use and public park u se. Policy 6 - 2: The City of Gilroy shall amend the Draft Parks and Recreation Master Plan to include the Hecker Pass Specific Plan portion of the Uvas Creek Park Preserve, Linear Park and public trails. The Uvas Creek Park Preserve extension should prov ide recreational and environmental education opportunities to all residents in Gilroy and all visitors to the Hecker Pass Area, including diverse cultures and age groups. To ensure that the greatest number of people possible can enjoy this area, the Uvas Creek Park Preserve and linear park area shall be dedicated to the City of Gilroy as a public park and shall be free and open to the public. Policy 6 - 3: The Class I recreational trail shall be constructed in accordance with State and Federal accessibi lity codes and standards, including those established by the Americans with Disabilities Act (ADA) and California Access Codes (Title 24, California Code of Regulations). Policy 6 - 4: Encourage property owners and project developers to provide environmen tal education opportunities in the form of an environmental education center and trail that includes an educational center or kiosk, trail monumentation and informational signage. 6.1.2 HECKER PASS NEIGHBOR HOOD PARK In addition to the Uvas Creek Park Preserv e and linear park, the Specific Plan suggests the development of a 3 - acre neighborhood park in the eastern development cluster. The exact location and configuration of this park will be determined during the design of this residential neighborhood to ensu re that the design is consistent with the future residential development. This neighborhood park will be offered for purchase to the City of Gilroy and designed and built by the City of Gilroy. The developers are not expected to dedicate this land or bui ld the park, because the requirement to Community Services and Facilities 6 - 4 Final Hecker Pass Specific Plan May 2015 offer to dedicate and improve the Uvas Creek Park Preserve, including the habitat preserve and linear park, exceed applicable State and City standards for development obligations. If the City decides not to develop the park, the designated land area will revert to Residential Cluster uses. The reversion of this land to a residential designation does not increase the overall number of homes allowed within the Specific Plan Area. Policy 6 - 5: The City of Gilroy shall amend the Draft Parks and Recreation Master Plan to include the 3 - acre neighborhood park in place of the community park within the Hecker Pass Specific Plan Area. 6.1.3 OTHER PARKS AND OPEN SPACE In addition to the parks and open spaces designated by the land use chapter, new developments within the Residential Cluster (RC) land use designation are required to incorporate parks, paseos, squares, greens and other types of open space as part of the “Livable Communities” principles and per Land Use Policy 3 - 16. These additional open space areas should be strategically located to conveniently serve all residents while also preserving view corridors through the site to the greatest extent possible. These areas will be privately owned and maintained as part of a ho meowners association (HOA) Landscape and Lighting Maintenance District (LLMD) or other such entity. 6.2 SCHOOLS The Hecker Pass Specific Plan Area is within the jurisdiction of the Gilroy Unified School District (GUSD). Children from the Specific Plan Area will attend the School District’s designated attendance area schools or may attend private schools. Although private schools are not publicly owned, operated or funded, they are considered a quasi - public facility and provide an important service to the co mmunity. 6.2.1 PUBLIC SCHOOLS The Gilroy Unified School District operates nine elementary schools, three middle schools, one high school, one continuation school, and one community day school. El Portal Charter School, a charter high school housing 90 studen ts, has been established on the South Valley Junior High School site. Expansion of the temporary facilities is scheduled during the summers of 2002, 2003, and 2004. Gilroy Unified School District recently switched from a magnet school system to a traditi onal “neighborhood” school system. The attendance area schools for the Hecker Pass Area are Antonio del Buono Elementary School, Ascension Solorsano Middle School and Gilroy High School. 6.2.2 PROJECTED PUBLIC SCH OOL FACILITIES Gilroy Unified School Distric t updated its School Facilities Master Plan in July 2002 in order to provide capacity for nearly 6,400 elementary and middle school children and 2,500 high school students during the next ten years. A new elementary school (K - 5) is planned in the Community Services and Facilities 6 - 5 Final Hecker Pass Specific Plan August 2018 southwes terly area of the City by the 2006 - 2007 school year. A fourth middle school is planned in the north central area of the City. A second high school is planned for the 2007 - 2008 school year and will likely be located in the Northwest Quadrant of the City. In addition to the new schools, the ten - year Master Plan calls for modernization and upgrading most of the existing facilities, including major upgrades to the high school. 6.2.3 FINANCING PUBLIC SCH OOL IMPROVEMENTS The development of the Hecker Pass Specifi c Plan Area will increase the demand for additional school facilities. A significant number of new residents to the Hecker Pass Area will have school age children. The acquisition of new school sites and construction of facilities can be a hardship for s chool districts with the high cost of land and limited funding. To ease this burden, all projects within the Hecker Pass Specific Plan Area will be required to pay development impact fees to Gilroy Unified School District. Policy 6 - 6: All future develop ments shall pay school impact fees required by Gilroy Unified School District to mitigate impacts on the public school system. 6.3 POLICE PROTECTION The City of Gilroy Police Department serves the Hecker Pass Specific Plan Area. The response time to the Spe cific Plan Area for emergency calls is 2 - 3 minutes maximum. The Police Department currently consists of 58 full - time officers and 6 reserve officers. There are usually at least 3 teams consisting of 18 officers on duty at one time. Additional officers m ay need to be hired and new beats may need to be established as the Hecker Pass Area is developed. 6.4 FIRE PROTECTION The City of Gilroy Fire Department serves the Hecker Pass Specific Plan Area. The Fire Department consists of 30 uniformed firefighters and 15 paid on - call firefighters. The Fire Department currently operates 2 stations out of 2 locations: the existing Chestnut Station and the Las Animas Station. The newest fire station, Sunrise Drive, has been completed but is not yet fully staffed. An e mergency team of paramedics is temporarily housed on the site. The Gilroy Fire Department also has a Mutual Aid agreement with the South Santa Clara County Fire Department. SSCCFD currently has a fire station located at Bonfante Gardens but is considering moving this station to an undetermined location. The City of Gilroy Fire Department considers 4 minutes a reasonable response time. The closest fire station to the Hecker Pass Specific Plan Area is the SSCCFD station at Bonfante Gardens. Response tim e from this station to the Specific Plan Area is 3 - 4 minutes. The new Sunrise station will be the second closest station to the Specific Plan Area and is within a 4 - minute response time. If the SSCCFD decides to relocate the Bonfante station further away , the Sunrise station will likely be the first station to respond to emergency calls once the station is fully operational. The Las Animas station at the corner of Wren and Welburn is the closest operational City fire station and has a response time of ap proximately 6 minutes to the Specific Community Services and Facilities 6 - 6 Final Hecker Pass Specific Plan May 2015 Plan Area. Refer to Section 5.7 for a detailed discussion of fire hazards in the Hecker Pass Area, including policies related to fire prevention and safety. 6.5 CHURCH Churches, although not a public facility, provide a n important quasi - public facility to the community. Churches serve as a gathering place for residents and can address numerous community needs. One church already exists in the Specific Plan Area. The Good Shepherd Lutheran Church and vineyard preschool are located on the north side of Hecker Pass Highway, near the Santa Teresa Boulevard intersection. A second church was proposed within the Specific Plan Area. South Valley Community Church purchased the properties formerly owned by the Conrotto and Tak eyatsu families with the intent to build a new church and private school. The church was an active participant in the specific plan process and was represented by a member of the Advisory Committee. In 2014, South Valley Community Church determined it wa s not feasible to develop their church and school on that the subject property . Subsequently the property has been re - designated for Residential Cluster use. 6.6 NEARBY COMMUNITY SER VICES AND FACILITIES The Hecker Pass Specific Plan Area is adjacent to two additional community facilities that provide considerable recreational opportunities for area residents and visitors: Bonfante Gardens Theme Park and the Gilroy Municipal Golf Course. Although both facilities are not part of the Specific Plan Area they provide benefits to the area and were considered during the planning process for the Specific Plan . 6.6.1 BONFANTE GARDENS AND THEME PARK Bonfante Gardens Theme Park provides a major tourist draw for the Hecker Pass Area and exciting recreational opportunities for Gilroy residents. The 75 - acre theme park features beautifully landscaped grounds, rides, picnic grounds, amusements, miniature golf, food, animal characters, and entertainment. Bonfante Gardens offers valuable resources to the Hecker Pass Specific P lan by providing a major attraction for tourism. Tourists visiting Bonfante Gardens are potential customers for all of the agri - tourist uses proposed in the Specific Plan Area. To take full advantage of these visitors, the Specific Plan Area should maxim ize the interface between the agri - tourist uses and the theme park. This must be done carefully, however, so as not to compromise the rural character of the overall Hecker Pass Area. To achieve this goal, pedestrian connections should be provided between the Hecker Pass Specific Plan Area and Bonfante Gardens in strategic locations. These access points should encourage free and easy movement between the two areas. Agri - tourist uses should be visible to these access points and along Hecker Pass Highway to the greatest extent possible. Community Services and Facilities 6 - 7 Final Hecker Pass Specific Plan August 2018 6.6.2 GOLF COURSES Gilroy Municipal Golf Course is located immediately adjacent to the Hecker Pass Specific Plan Area. The golf course currently consists of 50 acres of fairway and rough, 40 acres of surrounding land, 10 ho les, a 2,880 square foot clubhouse, and a driving range. The entrance to the golf course exists on Hecker Pass Highway. The City has expressed a desire to relocate the entrance from Hecker Pass Highway to the easterly property line of the Golf Course adj acent to the Hoey Property. The Specific Plan requires that development of the Hoey Property provide this new golf course access via public streets. The Eagle Ridge Golf Course is located immediately south of the Specific Plan Area, across Uvas Creek an d is easily accessible. Eagle Ridge is an 18 - hole Championship Golf Course designed by golf legend Johnny Miller with a driving range, practice area, clubhouse, banquet facilities, restaurant, bar, and pro - shop. Eagle Ridge offers tournaments, lessons, w eddings and other events. Community Services and Facilities 6 - 8 Final Hecker Pass Specific Plan May 2015 7 COMMUNITY DESIGN 7.1 INTRODUCTION The Hecker Pass Specific Plan Area has been identified by the City of Gilroy General Plan as the “Jewel of Gilroy” because of its scenic qualities and rural landscape. The Hecker Pass Specific Plan Area is defined by rolling hills and oak woodlands to the north, the Deodar Cedar tree lined Hecker Pass Highway (State Route 152) that bisects th e area, the scenic vineyards and agricultural lands, the historic structures that remind residents and visitors of Gilroy’s colorful history, and the lush meandering Uvas Creek riparian corridor along the southerly boundary. These features provide cultura l and educational opportunities to the Gilroy Community while serving as a scenic gateway into the City. The Community Design Chapter of the Hecker Pass Specific Plan maintains the rural and agricultural identity of this unique area through new developme nt guidelines that respect the natural landscape, retain the viability of existing agricultural activities, promote future agricultural activities, attract agricultural tourism, create 1 “ Livable Communities ”, and produce a rural atmosphere. The Community Design Chapter establishes goals, policies and standards to provide guidance for future development proposals to ensure that the existing rural character is maintained and enhanced. The design principles for the Specific Plan Area are intended to provide the framework for creative design solutions. The design guidelines, while specific in nature, are intended to be flexible to encourage unique design and avoid repetitious development patterns and architectural forms. The design themes are intended to ref lect four themes established for the Specific Plan Area. Goal 7 - 1: Preserve the rural character of Hecker Pass Policy 7 - 1: New residential development shall emphasize “Livable Community” principles as discussed further in Section 7.1.4. New commercial development shall encourage rural scale Agri - tourist and Agricultural Commercial businesses. 1 The Livable Communities principles were developed by the Local Government Commission (LGC) to help local governments and community leaders be proactive in their land use and transportation planning, and adopt programs and policies that lead to more livable and resource - efficient land use patterns. The Livable Communities principles can help jurisdictions expand transportation alternatives, reduce infrastructure costs, create more affordable housing, improve air quality , preserve natural resources, conserve agricultural land and open space, and restore local economic and social vitality. The LGC is a nonprofit, nonpartisan, membership organization of elected officials, city and county staff, and other interested individ uals throughout California and other states. The Local Government Commission helps local governments identify and implement solutions to today's problems. Community Design 7 - 1 Final Hecker Pass Specific Plan August 2018 There are four essential design themes incorporated throughout the Specific Plan that preserve the rural and agricultural identity of the Hecker Pass Area: 1. En vironment 2. History 3. Agriculture 4. Livable Communities 7.1.1 ENVIRONMENT As one travels from the City’s urban core west along Hecker Pass Highway, the man - made environment gives way to the rolling hillsides and panoramic views of the Hecker Pass Area. Very few structures exist along this picturesque highway, providing visual a ccess to Uvas Creek and the Gabilan Mountains to the south and the rolling hills and oak woodlands to the north. The natural beauty of this landscape allows these views and contributes to the rural character of the area. Some of the most scenic qualities of the Hecker Pass Area are attributed to the natural beauty of the Uvas Creek corridor, the Gabilan Mountains and the hillsides north of Hecker Pass Highway. These scenic environments are home to a wide variety of plants and animals and provide prime ex amples of California’s natural environment. These resources are discussed in more detail in Chapter 5: Conservation and Resource Management. Preservation of these environments is not only important to maintaining a balanced ecosystem but they provide edu cational opportunities as well as a scenic amenity for residents and visitors to enjoy. The environmental theme within the Hecker Pass Area is implemented through the preservation and enhancement of these natural environments. The most scenic and sensi tive habitats have been preserved as open space. Specific goals and policies target these areas for protection and allow for restoration and enhancement projects. The environment has been further enhanced by the strategic placement of public trails to pr omote the public’s enjoyment of these resources. The Specific Plan encourages additional public and private design features including kiosks, interpretive signage, monuments, and the possible establishment of an environmental education center to place a s trong emphasis on the importance of the natural environment within the Hecker Pass Area. 7.1.2 HISTORY The Hecker Pass Area played an important role in Gilroy History. The Hecker Pass Area is connected to many prominent historical figures and families includi ng Henry Miller the Cattle King, Henry Hecker, Electa Ousley, Pleasant Hodges, Lyttlton A. Whitehurst, the Kilpatrick family and more. These historical figures and families made Gilroy the City it is today. Community Design 7 - 2 Final Hecker Pass Specific Plan August 2018 Therefore, the Specific Plan strives to preserv e and enhance the relics of this rich History that still exist in the Specific Plan Area. The historical theme within the Hecker Pass Area is carried out through the preservation of the few remaining historic structures in the area that are suitable for p reservation. The Specific Plan further promotes the historical themes by encouraging the establishment of a historic center, historic walks, historic educational programs, and the incorporation of history in the architectural design themes for future deve lopment. Since agriculture played a huge role in the history of the area, preservation of agriculture and the implementation of the agricultural theme also promotes the historical design theme. 7.1.3 AGRICULTURE The picturesque agricultural fields define the rural character of the Specific Plan Area. Since these agricultural resources play such an important role in preserving views, creating a rural atmosphere and maintaining the historic integrity of the Hecker Pass Area, preservation of these agricultural resources is vital to the preservation of the Hecker Pass Area. The agricultural theme has been established by the designation of agricultural areas strategically placed in the foreground of views from Hecker Pass Highway. Commercial uses in the area hav e been limited to those that promote the agriculture theme including wineries, garden centers, roadside produce stands, and other similar rural uses. The agricultural theme is further enhanced by the promotion of agricultural education in the form of wor king farms, a viticulture center, and other educational programs. 7.1.4 LIVABLE COMMUNITIES The premise of the Livable Community concept is a return to the more traditional “livable” and “walkable” neighborhood in which neighbors interact more frequently, peop le walk rather than drive, the natural environment is enhanced and protected, and the quality of life is much higher. This livable environment can be achieved through design features that encourage more compact, multi - dimensional land use patterns, provid e a mix of uses, create more pedestrian oriented street environments, and preserve environmental resources. Livable design concepts include the following: Creation of complete integrated communities that include housing, shops, workplaces, schools, parks , civic facilities, and all conveniences essential to daily life within easy walking distance of each other or transit stops; Providing an ample supply of specialized open spaces in the form of squares, greens and parks whose frequent use is encouraged thr ough placement and design; Community Design 7 - 3 Final Hecker Pass Specific Plan August 2018 Clearly defining the edge of each community with agricultural green belts or habitat areas, permanently protected from development; Designing streets, pedestrian paths, and bike paths as a system of fully connected routes to all destinations; Encouraging pedestrian and bicycle use by designing streets, pedestrian paths and bike paths spatially defined by buildings, trees, lighting and other pedestrian scale features that discourage high automobile speeds; Preserving the natural te rrain, drainage and vegetation of the community and reserving superior examples within parks or greenbelts; Providing for the efficient use of water through the use of natural drainage, drought tolerant landscaping and recycling; Promoting energy efficienc y through street orientation, placement of building and the use of shading; and Using materials and methods of construction specific to the region that exhibit continuity of history and culture, are compatible with the climate, and encourage the developmen t of local character and community identity. 7.2 RESIDENTIAL DESIGN G UIDELINES The Hecker Pass Specific Plan has been developed to preserve and enhance Hecker Pass’ rural character. Site planning should allow for continued use of agricultural activities, retain and enhance natural features, and maximize visual and recreational access to open space. Lots and st reets within residential clusters should be designed in a traditional manner to create livable, walkable neighborhoods within the Hecker Pass community. The following guidelines and standards apply to the layout and design of streets and lots and the siti ng of buildings throughout the Specific Plan Area. In addition to the design guidelines discussed in this chapter, multi - family developments shall also be designed in accordance with the City of Gilroy’s Multi - Family Residential Design Policy. Street Des ign: Streets should be narrow to discourage high traffic speeds and encourage pedestrian activity. By placing houses and street trees closer together, the streetscape becomes more defined, making the street a more pleasant environment. The reduced width allows tree canopies to grow together, creating a shaded corridor and cooler ambient temperatures in the summer. Trees and the additional room for landscaping features improve the quality of the streetscape. The reduced lane widths also lower the driver’ s comfort level, forcing them to slow down. Reduced speeds along the roadway create a safer walking environment. Neighborhood interaction is also encouraged since neighbors are in closer proximity to one another and are more likely to spend time in their front yards. Community Design 7 - 4 Final Hecker Pass Specific Plan August 2018 Street Orientation: Streets should be oriented and aligned to take advantage of views to hillsides, agricultural lands and Uvas Creek to the greatest extent possible. Park and Open Space Design: Adequate park and recreational facilities s hall be provided within each Residential Cluster, as determined through the Planned Unit Development process. Parks, paseos, squares, greens, parkways and other open space areas should be designed to preserve views from Hecker Pass Highway to Uvas Creek t o the greatest extent possible. Neighborhood Entry: Entrances to neighborhoods should be distinctive. Roadways should be divided at major project entrances and native landscaping or other rural entry features should be incorporated into the streetscape. Non - Through Streets/Cul - de - sacs: Cul - de - sacs and non - through streets should be left open at the ends to provide visual and physical access to adjacent open space and/or neighborhoods. Roundabouts: Roundabouts should be utilized as traffic calming devic es, points of interest and landmarks for visitors, pedestrian nodes at intersecting trails, and rural landscape features. Lot Layout: Lots should be laid out to respect the natural topography of the area, cluster development together to maximize the surro unding open space, and provide view corridors. Block patterns should be constructed in a modified grid design to improve walkability and access between and through neighborhoods. Lots adjacent to open space: Lots adjacent to open space should be designed to maximize visual access to the open space through careful siting of buildings and fencing. Open space areas and community facilities should be used to provide social and design focal points and should be centrally located and well defined. Grading: G rading and tree removal should be minimized to the greatest extent possible. Homes should be designed and sited to respect the natural contours of the property and enhance the natural topography and vegetation of the site. Building Pads: In hillside a reas, split pads and natural building sites should be used whenever feasible. No grading for single large flat pads is allowed in hillside areas. Retaining Walls: Retaining walls should be constructed of natural materials, pigmented or sandblasted concrete, or other materials that are complementary to adjacent structures or the natural environment such as natural stone, “Key Stone” type walls, reinforced earth, etc . Wood retaining walls will not be permitted. 7.2.1 HEIGHT AND SETBACK R EQUIREMENTS Minimum setback and height requirements have been established for each housing type to ensure that the Hecker Pass community will be aesthetically pleasing and preserve the rural character of the area. Table 7 - 1 lists the minimum setback requirements by land use designation: Community Design 7 - 5 Final Hecker Pass Specific Plan August 2018 Table 7 - 1: Minimum Residential Site and Building Requirements Residential Cluster Typ. Typ. Typ. 2500 - 3500 - Larger Residential District Requirements HR R1 3500 6000 than SF Lot SF 6000 Lot SF Lot Minimum Primary Building Setbacks 1 (in Ft.) : Building to Existing Centerline of 250 250 250 250 250 5 Hecker Pass Highway 20 20 12 12 15 Front to Right - of - Way: 10 10 7 7 10 Side to Right - of - Way: 2 2 3 2 6 6 0 3 6 Side to Lot Line: 12 12 6 6 12 Building to Building: 15 15 10 10 15 Rear to Lot Line: Minimum Accessory Unit Setbacks (in 4,1 Ft.) : Building to Centerline of Hecker Pass 250 250 250 250 250 5 Highway 6 6 6 6 6 Secondary Building to Primary Building: 10 10 7 7 10 2 2 3 2 Side to Right - of - Way: 6 6 0 3 6 Side to Lot Line: 12 12 6 6 12 Building to Building: 6 6 6 6 6 Rear to Lot Line: Height Requirements: 35 35 35 35 35 Building Height in Feet 2.5 2.5 2.5 2.5 2.5 Number of Stories Applicable City Development Policies and Regulations: City of Gilroy Zoning Ordinance Yes Yes Yes Yes Yes Hillside Development Guidelines Yes No No No No Residential Condominium Policy No No Yes No No 7 7 Multi - Family Residential Design Policy No No Yes Yes No Residential Site and Building Requirement Notes: 1 - Setback requirements are guidelines only and may be modified to suit the unique characteristics of a project to allow for diverse product types. Modifications to these setback requirements will be subject to Architectural and Site review through the Planned Unit Development Application that shall be reviewed and approved by the City of Gilroy. 2 - The aggregate width of the two (2) side yards for any one lot must be 12 feet. Community Design 7 - 6 Final Hecker Pass Specific Plan August 2018 3 - For detached units only, the total width of the two side yards for any one lot must equal 6 feet. The entire setback may be on one side of the lot, as in a zero lot line situation. 4 - Secondary units should not front onto public roadways. Ideally they sh ould be located behind the primary building and be oriented toward the primary building. If the secondary unit is part of a large lot, the secondary unit may side onto a public right - of - way provided that the house is still oriented toward the primary unit and that the unit is incorporated into the overall design of the estate. Secondary units must share a common driveway with the primary unit. 5 - All residential development adjacent to Hecker Pass Highway should be setback a minimum of 250 feet from the exi sting centerline of Hecker Pass Highway to mitigate potential traffic noise. Setbacks of less than 250 feet are permitted with noise mitigation but in no instances less than the 115 feet from the existing centerline of Hecker Pass Highway (See Section 4.4 .2 ) . 6 - All residential development shall still provide the amount of parking specified in the off - street parking requirements of the City of Gilroy Zoning Ordinance. Design criteria for parking areas in the Hecker Pass Area can be found in Section 7.2.3 and 7.3.4. 7 - Only multi - family attached, townhomes, condominiums, garden townhomes and any other product type that includes common open space areas are subject to the Multi - Family Residential Design Policy 8 - Setbacks do not apply to architectural projects (i. e. porches, bay windows, fire places, media niches, etc.) 7.2.2 ARCHITECTURE The intent of the Hecker Pass Specific Plan architectural design guidelines is not to restrict the creativity of the architect or designer but to provide some basic design principles that will retain the rural and agricultural feel of the Hecker Pass community. Variety and creativity in architectu ral design is what makes a community or neighborhood attractive, vibrant, and interesting. However, it is important that some basic design principles are followed. The architectural theme within the Specific Plan Area should reflect the rural and agricul tural character of Hecker Pass. Traditional home styles that can be found in the wine regions of northern California are preferred. These styles include but are not limited to English Country, French Country, Shingle, Mission, Monterey, and Spanish Eclec tic. The Hoey Ranch home, a Greek Revival style home, may be used as inspiration for future architectural styles in the Hecker Pass Area. Simple versions of Queen Anne and Folk Victorian, Prairie, and Ranch are also acceptable. The massing, proportions , rooflines and materials of these styles should form the basis for any architectural design within the Hecker Pass Specific Plan Area. Regardless of the architectural style, typical features and articulation should be revealed on all sides of structure. English Tudor, Gregorian, Colonial Dutch, Period Castle/Chateaux, Chalet, Neo - Classical and more ornate versions of Victorian architectural styles are discouraged. The following is a general description of examples of typical residential housing types de scribed under the Land Use Chapter. Additional housing types are permitted within the Specific Plan Area and are subject to review and approval by the City of Gilroy. Community Design 7 - 7 Final Hecker Pass Specific Plan August 2018 Large Lot Single - Family Detached: Hillside: Single - family detached homes situated in hillside areas. Lot size is dependent on the slope of the site. These homes are subject to specific design criteria as defined in the City of Gilroy Hillside Development Guidelines to ensure the preservation of the hillside, trees and views and to reduce the risk of fire associated with hillside development (See Figure 7 - 2). F i g u r e 7 - 1 : E x a m p l e o f H i l l s i d e H o m e Typical Large Lot Single - family Detached: Homes on lots larger than 6000 SF. Buildings should be setback from front, rear, and side lot lines at a greater distance in proportion to the size of the house than they would typically be setback in standard single - family detached homes. Standard Lot Single - Family Detached: Standard Lot Single - Family Detached: Homes on lots ranging from 50 00 to 6000 square feet. Buildings should be setback from front, rear, and side lot lines as they would typically be setback in standard single - family detached homes Small Lot Single - family Detached: Typical Small Lot Single - Family Detached: Homes on lots less than 5000 square feet. Buildings are setback from front, rear, and side lot lines as they would typically be setback in standard single - family detached homes but the setbacks are reduced in prop ortion to the size of the lot. Community Design 7 - 8 Final Hecker Pass Specific Plan August 2018 Zero Lot Line Homes: Single - family detached homes on medium or small lots with building setback from only one side property line, resulting in only one side yard on the opposite side of the building (See Figure 7 - 3). F i g u r e 7 - 2 : E x a m p l e o f Z e r o L o t L i n e H o m e s Z - Lot or Zipper Lot Homes: Single - family detached homes on medium or small lots with a common articulated lot line (“Z” or “Zipper” lot line) and reciprocal access and utility easements to allow for better ut ilization of lot areas. Zipper lots should incorporate an alternating garage back site design to avoid a monolithic street frontage (See Figure 7 - 4). F i g u r e 7 - 3 : E x a m p l e o f Z i p p e r L o t H o m e s Courtyard Homes: Single - family detached units arranged arou nd a common driveway or “courtyard” (see Figure 7 - 5). Community Design 7 - 9 Final Hecker Pass Specific Plan August 2018 F i g u r e 7 - 4 : E x a m p l e o f C o u r t y a r d H o m e s Single - family Attached: Duets: Single - family attached homes that consist of two separate units attached by one common wall. Each unit of a paired dwelling or “Duet” is owned by an individual property owner (See Figure 7 - 6). F i g u r e 7 - 5 : E x a m p l e o f D u e t s Community Design 7 - 10 Final Hecker Pass Specific Plan August 2018 Garden Townhomes: Single - family units attached at their sides in groups of two or more with entries facing a common open space area and garages accessed from rear alleys (See Figure 7 - 7). Although this is a single - family unit in terms of ownership, garden homes share comm on open space areas and are part of a larger community whose buildings function as one development. Therefore garden homes are subject to the City of Gilroy’s Multi Family Residential Design Policy in addition to the design guidelines discussed in this Ch apter. F i g u r e 7 - 6 : E x a m p l e o f G a r d e n T o w n h o m e Carriage Homes: Single - family units attached at their sides in groups of two or more with garages accessed from rear alleys. Carriage homes do not typically share a common area like garden townhomes (See Figure 7 - 8). F i g u r e 7 - 7 : E x a m p l e o f C a r r i a g e H o m e s Community Design 7 - 11 Final Hecker Pass Specific Plan August 2018 Row Houses: Single - family dwelling units attached at their sides in groups of two or more. Each unit is on a separate lot with private yards. Row houses differ from townhomes because they do not usually share a common area but are structured more l ike a typical single - family neighborhood (See Figure 7 - 9). F i g u r e 7 - 8 : E x a m p l e o f R o w H o u s e s Townhomes: Single - family dwelling units on lots under individual ownership, which are part of a multiple - unit building or development. Townhomes may be attached at their sides in groups of two or more. Each unit is on a separate lot with a private yard. Townhomes typically share some common areas or common facilities within the townhome complex. Although townhomes are single - family units in terms of ownership, they are part of a larger community whose buildings function as one development and are theref ore subject to the City of Gilroy’s Multi – Family Residential Design Policy in addition to the design guidelines discussed in this Chapter. Condominium: As defined in the City of Gilroy Zoning Ordinance, “a distinct unit under separate ownership, which is a portion of a multiple – unit building or development in which such ownership includes an interest in common areas. Condominium units may have one (1) or more common walls with other units”. Condominiums differ from townhomes because ownership applies only to the airspace of the unit and not the land on which the unit resides. Although this is a single - family unit in terms of ownership, Community Design 7 - 12 Final Hecker Pass Specific Plan August 2018 condominiums are part of a larger community whose buildings function as one development and are therefore subject to the City of Gilroy’s Multi – Family Residential Design Policy in addition to the design guidelines discussed in this Chapter. Condominium buildings could appear as single, integrated, but well articulated structures. The single buildings could be designed to imitate large winery structures or other large agricultural buildings. Dwelling units can be single level “flats” or two stories. Mixed Use: Typical Mixed Use Developments: Multi - story construction that uses the ground floor for retail, services, or office space, while upper floors are reserved for multi - family residential or condominium units. Live/Work Units: Loft or studio multi - family or condominium type units that function as both living quarters and work studios for artists or other professio nals. Multi - Family Attached (Subject To Multi - Family Residential Design Policy ): Duplexes: Two multi - family units, under single ownership, that are attached by one common wall (See Figure 7 - 10). F i g u r e 7 - 9 : E x a m p l e o f D u p l e x Triplexes: Three multi - family attached units, under single ownership that are attached by common walls (see Figure 7 - 11). F i g u r e 7 - 1 0 : E x a m p l e o f T r i p l e x Community Design 7 - 13 Final Hecker Pass Specific Plan August 2018 Apartments: Multi - family attached units, under single ownership. Apartment buildings should appear as single, integ rated, but well articulated structures. An example of a creative architectural design would be to design the apartment building to imitate a large winery structure or other large agricultural buildings (see Figure 7 - 12). F i g u r e 7 - 1 1 : E x a m p l e o f A p a r t m e n t s DESIGN ELEMENTS Massing: Homes should consist of one main body articulated by smaller architectural components rather than equally distinctive architectural elements. The scale of the home should be consistent throughout the design of the dwell ing. Individual architectural elements should be designed proportionally to one another. Homes should be compatible with the scale and style of the surrounding neighborhood. Articulation: The characteristics of the architectural style should be expos ed on all sides of the residence. Roofs: Roof pitches should be consistent with the architectural style of the home. Flat roofs should not be permitted in the Hecker Pass Area, with the exception of some Prairie style homes. Dormers and Cupolas: Dorm ers and cupolas should be designed to be consistent with the architectural style. They should be incorporated proportionally into the roofscape in correct locations and should be constructed of similar materials. Chimneys: Chimneys should be designed to be consistent with the architectural style and proportional to the mass of the home. Fireplace chimneys should be made of natural or natural looking materials. Community Design 7 - 14 Final Hecker Pass Specific Plan August 2018 Windows and Doors: Door and window types, styles and sizes should be limited consistent with the architectural style of the home and details should be consistent and compatible throughout. Articulation including shutters, lintels, and/or projecting sills or surrounds is pr eferred and should also be consistent with the architectural style. Windows should be well spaced and proportional. Main Entrances: Main entrances should be pronounced through design and placement. Front doors should be more ornate than other entrances and should include lighting and other features that accentuate the entry. Entrances should be oriented towards the street to present a welcoming streetscape and to place “eyes on the street” to promote a safer street environment. Porches and Decks: Porch es and decks should be designed to conceal unsightly supporting structures. Porches and decks should be consistent with the architectural style and compliment the overall design of the home. Porches and decks are encouraged to enhance the streetscape and stimulate social interaction throughout the neighborhood. Materials and Colors: Building materials should be harmonious with one another and create an attractive exterior appearance. Harsh contrasts of color and/or materials should be avoided. Exterio r walls, roofs, windows, doors, and other elements should be natural or natural appearing with earth tones and complimentary colors. Colors should be used appropriately and should be harmonious with the surrounding landscape and neighborhood. Earth tones are preferred to reduce the visual impact of built structures on the open feel of the area. Highly reflective materials should be discouraged. Roofing materials should be rated Class B fire retardant or better in the flat portions of the site and Class A in the hillside areas. 7.2.3 RESIDENTIAL PARKING AREAS AND GARAGES In order to preserve the rural character of the area, garages and automobiles should not dominate the streetscape but shall still meet all of the off - street parking requirements of the City of Gilroy Zoning Ordinance with the exception of the design criteria. Parking stalls should meet the minimum length and width required by the City of Gilroy standards. Visibility of parking area and garages should be reduced to the greatest extent possibl e. The following guidelines help to achieve this goal: 1. Minimize garage frontages. 2. Garage frontages should be well articulated or provide facades that break up monolithic appearances. 3. Tandem garages are encouraged on small narrow lots. 4. Setback garage fa cades from living areas. 5. Encourage the utilization of “Garage Back” designs where detached or attached garages are located at the rear of lots. Community Design 7 - 15 Final Hecker Pass Specific Plan August 2018 6. Encourage shared driveways to reduce paving and curb cuts. 7. Encourage alley loaded lots where feasible. 8. Whenever feasible, large parking areas should be hidden from Hecker Pass Highway either by placing parking behind buildings, by screening parking with grade separation or landscaping, or by providing parking underground. Above ground parking structures are not per mitted. 9. If possible, surface parking should be spread throughout the site rather than providing one main surface lot. If one main surface lot is necessary, the lot shall be heavily landscaped. 10. Pavement areas should be kept to a minimum. Pervious mater ials such as decomposed granite or gravel are encouraged for large parking areas as an alternative to asphalt or concrete but should consist of a material that prevents pollution of groundwater (see Section 7.4.9). 7.3 AGRI - TOURIST AND AGRICULTURAL COMMERC IAL DESIGN GUIDELINES 7.3.1 DEVELOPMENT PATTERN The following guidelines apply to all Agri - tourist and Agricultural Commercial uses within the Specific Plan Area. Agri - tourist and Agricultural Commercial sites should be designed to reflect the agricultural and viticultural heritage of the Hecker Pass Area. Site design should complement the orchards and vineyards existing in the Hecker Pass Area and the surrounding county area. Agr i - tourist and Agricultural Commercial developments should draw inspiration from the wine regions of Northern California and the Hecker Pass Area and should be welcoming and relaxing destinations for visitors. Permitted Agri - tourist and Agricultural Commer cial land uses in the Hecker Pass Specific Plan Area are predominantly viticulture, agriculture, and agricultural - tourism based. These uses include small wineries, small tasting rooms, bistro style restaurants, bed and breakfasts, live/work facilities, sm all mom - and - pop markets, garden centers, antique shops, beauty and health spas, and other compatible tourist attracting uses. The following guidelines help define the role of Agri - tourist and Agricultural Commercial development in the Hecker Pass Area and the relationship between the Agri - tourist, Agricultural Commercial elements, and the surrounding agricultural and residential uses. Visibility: Agri - tourist and Agricultural Commercial sites have been carefully chosen within the Hecker Pass Specific P lan Area. Agri - tourist and Agricultural Commercial uses were located along Hecker Pass Highway to make them more visible to travelers. However, the visibility of Agri - tourist and Agricultural Commercial uses along Hecker Pass Highway compete with the Community Design 7 - 16 Final Hecker Pass Specific Plan August 2018 goa l of preserving the views and rural feeling of the Hecker Pass corridor. Therefore, Agri - tourist and Agricultural Commercial designations are limited and should be designed carefully so as not to impact the rural character of this scenic highway. Buildi ngs should not obstruct views and should respect natural features. Setbacks: All Agri - tourist and Agricultural Commercial structures along Hecker Pass Highway shall be located outside the “Hecker Pass Setback Corridor” and setback a minimum of 115 feet from the existing Hecker Pass Highway centerline . Signage may be included within this setback corridor but should be limited in size and shall conform to the signage guidelines provided later in this section. Off - site signage is prohibited. Building loca tion: Buildings shall be carefully sited to preserve views to Uvas Creek. Noise Attenuation: Sound walls along roadways shall not be used to mitigate traffic noise; setbacks and other methods of sound attenuation such as building orientation, berming, a nd landscaping should be used instead. Existing Features: New development along Hecker Pass Highway shall respect the stands of Deodar Cedar and oak trees. These trees should be preserved except at intersections by careful placement of driveways, signa ge and other features. If the removal of trees is unavoidable, similar trees should be replanted to recreate the original feel and visual character of the highway. Building Orientation: The facades of Agri - tourist and Agricultural Commercial buildings a djacent to Hecker Pass Highway should face Hecker Pass Highway to entice tourists. SITE DESIGN Site Layout: Agri - tourist and Agricultural Commercial developments should be designed so that the main structure dominates the other buildings on site while still relating to the rest of the development. A design them e and architectural style should be established and carried through all of the structures on site to create a cohesive image. Decorative features such as windmills and water towers that help to create the rural agricultural feel of the Hecker Pass Area ar e permitted but they should not dominate the landscape. All structures shall be setback a minimum of 115 feet from the existing centerline of Hecker Pass Highway and 50 feet from existing and app roved residential buildings. Entries: Agri - tourist and Agricultural Commercial entries should be well defined and visible from access roads. Entries to Agri - tourist and Agricultural Commercial developments should reflect the nature of the development. Entries should combine walls, signage, landscaping, lighting and other features creatively to establish a welcoming and identifiable gateway into the area. Entry features should be repeated throughout the site to form a theme. Community Design 7 - 17 Final Hecker Pass Specific Plan August 2018 Materials and colors shall be compatible with the architecture and style of the buildings. The entry should, however, relate to the driver while internal elements should relate to the pedestrian scale. Design Theme: All Agri - tourist and Agricultural Commercial developments should reflect the rural and agricultural character of the area. This theme should be expressed throughout the development through use of architectural and decorative details. Building Site Coverage: Agri - tourist and Agricultural Commercial structures should not cover more than 25% of the total parcel area, with the exception of areas designated Agri - tourist Overlay, which should not cover more than 10% of the total parcel area. The remaining non - structural area may include landscaping, fire hazard reduction zones, gardens, recreational areas, outdoor event areas, parking areas, tree and planting areas, green houses, landscaped parking areas, driveways, gazebos, patio covers, tents, etc. Pedestrian Connections: Pedestrian connections shall be provided throug h the site and adjacent to land uses. Connections shall be provided to the public sidewalks that will be adjacent to future roadways and connect to residential areas, the Uvas Creek Park Preserve, the hillsides north of Hecker Pass Highway, Bonfante Garde ns and other Agri - tourist and Agricultural Commercial uses. Pedestrian connections shall be attractively landscaped to encourage residents and visitors to explore the entire Specific Plan Area by foot. Relationship to Open Space: Agri - tourist and Agricultural Commercial developments shall be designed to take full advantage of the adjoining open space areas by providing openings in buildings and fencing and orienting windows and doorways towards scenic views. Building scale should be reduced adjace nt to open spaces. For example, second stories should be stepped back when adjacent to open space areas. View Corridors and Agricultural Lands: Agri - tourist and Agricultural Commercial developments should be designed to preserve views from Hecker Pass H ighway to Uvas Creek, the Gabilan foothills, agricultural fields and the hillsides north of Hecker Pass Highway. Buildings should be clustered on one portion of the site to maintain an open feeling and preserve views. Intervening open space areas shall b e planted with vineyards, orchards or other appropriate crops or landscaping as defined in the Agri - tourist and Agricultural Commercial landscaping portion of this chapter (Section 7.4). Bed and Breakfast Inns: Bed and Breakfast Inns should emulate the l arge farmhouses and vineyard estates seen throughout the rural areas of northern and central California. Each Bed and Breakfast Inn can include a residence, up to 15 guest rooms, and a maximum of one out structure and a secondary dwelling (Additional out s tructures may be allowed only if they are associated Community Design 7 - 18 Final Hecker Pass Specific Plan August 2018 with the agricultural uses outlined in Chapter 3). The main residence should be the dominant structure on site. Secondary dwellings and out structures including barns and sheds are allowed but should b e separate from the main residence and less pronounced. These secondary buildings should reflect their function. Barns and sheds should be plain and simple and secondary dwellings should mimic the main residence while still maintaining a unique identity. Despite the separation between the main residence and the other structures on site, the entire compound should appear as one coherent architectural composition through the use of similar forms, materials, and colors. Production and Service Areas: Una ttractive production and service areas should be hidden from public view as much as possible. This includes trash areas, large production areas, loading areas, and utility areas such as large air conditioning units, gas meters, etc. Areas where trucks loa d or unload should be concealed and should not disrupt traffic near or within the site. Areas can either be hidden behind buildings or screened with landscaping, fencing or walls. Screening should be consistent with the rural agricultural theme of the ar ea. Small production areas, tractors, crushers, press sheds, water tanks, and other production tools and areas may be left visible to the public if they are in good condition and are regularly kept free of clutter and garbage. 7.3.2 SETBACK AND BUILDING REQUI REMENTS Minimum setback requirements have been established for each Agri - tourist and Agricultural Commercial use within the Hecker Pass Community. Table 7 - 2 lists the minimum setback requirements: Community Design 7 - 19 Final Hecker Pass Specific Plan August 2018 Table 7 - 2: Minimum Agri - tourist , Agricultural Commercial Site and Building Requirements Site Coverage (max.) 25% Minimum Improvement Setback 1 : Hecker Pass Highway Existing Centerline (roadways, fences, and parking areas): 115 Feet Building Setbacks 2 : Building to Hecker Pass Highway Existing Centerline: 115 Feet Building Front to All Other Public Right - of - Way: 30 Feet Building Side to All Other Public Right - of - Way: 10 Feet Building Side to Lot Line (all other side yard): 6 Feet 3 Rear to Lot Line: 0 Max. Height (from the lowest ground point to the highest roof element): All Buildings: 35 Feet; 2 stories Towers and other similar architectural elements: 45 Feet Off - street Parking Requirements 4 See Gilroy Zoning Ordinance and Section 7.3.4 Fencing See Section 7.4.5 Signs 15 SF Max. (See Section 7.4.6) Landscaping See Section 7.4 Lighting See Section 7.4.7 Performance Standards See Gilroy Zoning Ordinance Residential Site and Building Requirement Notes: 1. The only allowable uses within the Hecker Pass Setback Corridor, which extends 115 - feet from the existing centerline of the Highway are agriculture, natural landscaping, pedestrian pathways, limited signage, limited open fencing, and limited roadway improv ements necessary to maintain acceptable levels of service along Highway 152. Please refer to Section 4.4.2. 2. Setback requirements are guidelines only and may be modified to suit the unique characteristics of a project such as characteristics that might pre serve the aesthetic integrity of the site. Modifications to these setback requirements will be subject to Architectural and Site approvals through the Planned Unit Development application that shall be reviewed by the City of Gilroy. 3. Setback shall match t he setback required along the same property line for the most restrictive adjacent property. 4. All Agri - tourist and Agricultural Commercial, developments shall still provide the amount of parking specified in the off - street parking requirements of the City o f Gilroy Zoning Ordinance. Design Criteria for parking areas in the Hecker Pass Area can be found in Section 7.3.4. Community Design 7 - 20 Final Hecker Pass Specific Plan August 2018 7.3.3 ARCHITECTURE All Agri - tourist and Agricultural Commercial architecture should reflect the rural and agricultural character of the area . An agricultural or rural architectural theme should be expressed throughout the building through use of architectural and decorative details. Building Mass and Height: Simplicity and proper proportion should be achieved in the massing of all Agri - touri st and Agricultural Commercial buildings. Agri - tourist and Agricultural Commercial buildings should be no taller than 35 feet, measured from the lowest ground point to the highest roof element. Architectural elements such as towers may be as tall as 45 f eet but should not be more than twice the height of the main structure. Articulation: Articulation in the building mass and roof form should create variety and interest, especially in the main structure. Articulation should be achieved through the repe tition of similar details and elements throughout the entire development. Potential elements that may be used to create visual interest and variety include but are not limited to covered entryways, verandas, porches, trellises, covered walkways, dormers, gables, towers, and overhangs. Articulation should occur on all sides of the buildings. Roofs: Rooflines should consist of multiple planes and varied pitch while still proportional to the overall form of the building. Flat roofs are not allowed. Windows and Doors: Windows and doors should be decorative and inviting. Main entrances should be more pronounced and may include decorative moldings, lighting and other architectural features. Material and Colors: Building materials should be harmonious with one another and create an attractive exterior appearance. Harsh contrasts of color and/or materials should be avoided. Exterior walls, roofs, windows, doors, and other elements should be natural or natural appearing with earth tones and complimenta ry colors. Colors should be used appropriately and should be harmonious with the surrounding landscape and neighborhood. Earth tones are preferred to reduce the visual impact of built structures on the open feel of the area. Highly reflective materials s hould be discouraged. Roofing materials should be rated Class B fire retardant or better in the flat portions of the Specific Plan Area and Class A in the hillside areas. Community Design 7 - 21 Final Hecker Pass Specific Plan August 2018 7.3.4 PARKING Parking should not dominate the landscape of any Agri - tourist and Ag ricultural Commercial development but shall still meet all of the off - street parking requirements of the City of Gilroy Zoning Ordinance with the exception of the design criteria. Whenever feasible, parking should be hidden from Hecker Pass Highway either by placing parking at the rear or center of the development behind buildings, by screening parking with grade separation or landscaping, or by providing parking underground. Above ground parking garages are not permitted. If possible, surface parking sh ould be spread throughout the site rather than provided in one main surface lot. Parking stalls should meet the minimum length and width required by the City of Gilroy standards. If one main surface lot is necessary, the lot shall be heavily landscaped. In all cases, parking areas shall provide at least one tree for every five consecutive parking spaces in a row, including parallel parking spaces. Landscaping islands with trees shall be provided at the end of each parking row. Parking areas should be s etback a minimum of 10 feet from right - of - way, property lines, and structures. Pavement areas should be kept to a minimum. The use of pervious paving materials that prevent pollutants from intruding into the groundwater are encouraged as an alternative t o asphalt and concrete. Parking lots may be paved with asphalt, earth tone pigmented concrete or permeable paving materials such as paving stones, gravel, rock, decomposed granite, permeable interlocking concrete pavement, special perforated paving system s, or unmortared brick, stone or tile. All parking areas must meet American’s with Disabilities Act (ADA) requirements. Overflow parking may be hard packed dirt or grass (see Section 7.4.9). Parking areas should be edged with wood or stone when adjacent to landscaped areas and wherever possible. Standard curb and gutter construction should be avoided but may be used when necessary to ensure safety such as in areas where pedestrian areas are directly adjacent to parking areas. Grass swales should be stra tegically placed around parking areas to collect, pretreat, and convey water to the storm drainage system. Wheel stops are not encouraged but may be included if they are made of stone, wood or tree trunks. Typical curb and gutter or concrete wheel stops are not allowed except as noted above. Community Design 7 - 22 Final Hecker Pass Specific Plan August 2018 7.4 LANDSCAPING Landscaping is a critical element in preserving the rural appearance of the Hecker Pass Area. Vegetation that is compatible with the area’s rural and agricultural character should be incorporated throughout the common open space areas and the individual housing clusters. The Landscaping Section establishes a hierarchy of landscapes throughout the Specific Plan Area. The intent is to preserve the natural environment and the agricultural character b y first reestablishing natural landscapes, then creating an environment where agriculture and residential uses can co - exist. The following sections provide some guidelines for appropriate landscaping themes and materials within the Hecker Pass Specific Pla n Area. 7.4.1 LANDSCAPING THEMES There are three main landscaping themes that should be followed when designing landscaping for parklands and new development within the Hecker Pass Specific Plan Area: Riparian Habitat Restoration and Enhancement, Oak Woodland and Grassland Restoration, and Agriculture Preservation. Riparian Habitat Restoration and Enhancement: Uvas Creek and its associated riparian habitat is the most prominent natural feature and provides the most sensitive habitat within the Hecker Pass Area. This riparian corridor is home to numerous species of plants and wildlife that are protected by various local, State and Federal agencies. In addition, the Uvas Creek corridor provides scenic beaut y that helps define the rural character of the Hecker Pass Area. Therefore, the preservation and restoration of this corridor is an important landscape theme. Restoration of this corridor involves the eradication of non - native invasive plant species th at have been introduced by man. Currently, Uvas Creek has become overrun by Arundo Donax, which has killed and still threatens many of the naturally occurring plants within the riparian woodland. The eradication of Arundo Donax and replacement with nativ e plant materials will help restore this sensitive habitat and allow for native species to regenerate and flourish along Uvas Creek. In 2003, the Santa Clara Valley Water District (SCVWD) began a county wide project to eradicate this invasive species from Santa Clara County creeks. This program identifies Uvas Creek as the primary area where infestation of this non - native species has occurred and targets the Uvas Creek Corridor for Arundo removal. Property owners have already been contacted via mail Community Design 7 - 23 Final Hecker Pass Specific Plan August 2018 requ esting their participation in this program by allowing SCVWD to enter their properties to eradicate the plant species through physical digging out of the biomass and directly treating resprouts with Auquamaster, an approved herbicide similar to Roundup. P roperty owners and the City of Gilroy are encouraged to take advantage of this program by allowing SCVWD access to perform eradication and removal. Policy 7 - 2: Property owners and the City of Gilroy should provide Santa Clara Valley Water District access to all properties along Uvas Creek for the purpose of removal and eradication of Arundo Donax. Policy 7 - 3: The City of Gilroy Draft Parks and Recreation Mast er Plan should be amended to include specific provisions for the continued control of non - native invasive plants, particularly Arundo Donax. Policy 7 - 4: The City of Gilroy Draft Parks and Recreation Master Plan should be amended to include provisions fo r developing the Uvas Creek Linear Park as an environmentally friendly riparian park. In addition to non - native plant species, manmade erosion control measures have been placed in some areas along the creek bank. Riprap has been placed along portions of Uvas Creek to protect the sanitary sewer trunk line. The result is an unnatural looking creek bank. Removal of the riprap is not recommended, however, native planting within the riprap may reduce the visual impact of this manmade feature and restore the creek to a more natural looking state. Oak Woodland and Grassland Restoration: Before agriculture was established in the area, grasslands once carpeted the valley floor and the hillsides north of Hecker Pass Highway. In spring, brilliant displays of wil dflowers including California Poppies, lupine and Indian paintbrush would fill the valley and foothills with color. Sycamores, ash, willows, and rushes formed thickets along Uvas Creek, immense valley oaks dotted the grassy landscape, and thick oak woodla nds filled the hillsides. The gently rolling hills, grassland savannahs, and oak forests are the natural California landscape, which define the Hecker Pass Area. The restoration of oak woodlands and grasslands should be encouraged throughout the Specific Plan Area. The oak species show general affinities for specific soil types and soil moisture contents, and planting plans for the development projects should reflect these natural affinities. Valley oaks (Quercus lobata) occur mostly in the lower elevat ions along Uvas Creek and the valley floor, where the alluvial soils have more nutrients and contain finer sediments. Also, these soils retain moisture longer in the dry months, with the water table being thirty to forty feet deep. Closer to Uvas Creek w here the water table may be only five to twenty feet deep, the over story of valley oak and sycamore may be replaced by cottonwood, alder, and willow. There are a few specimens of Valley Oak existing in the Hecker Pass Area today. The drought tolerant li ve oaks (Quercus agrifolia) favor the sandy clay soils, which occur throughout the project site. Restoration of native grasslands and oak woodlands in the hillsides north of Hecker Pass Highway, along the Uvas Creek Buffer Area, on lands unsuitable for agriculture and within Community Design 7 - 24 Final Hecker Pass Specific Plan August 2018 common open space areas would be beneficial for both aesthetic as well as ecological reasons. Native grasses and wildflowers have minimal water requirements, making them compatible companions in the oak tree environment. Their root systems aid in erosion control. There are hundreds of species of native flowering plants associated with the oak woodland forests and savannahs. Amongst the most commonly seen in the Gilroy region are California poppy, Annual Lupine, Bush Monkey flower, fuchsia - flowered gooseberry, and purple nightshade. Plantings may occur within the common areas as “islands” of native vegetation. Such naturalized groupings create environments for moisture retention, wind protection, natural mulch build - up, shade to d iscourage competing grasses, natural seedling habitat, wildlife shelter and nesting areas. Because close proximity of grasslands to structures presents potential fire hazards, fire reduction zones should be placed between common open space areas and struc tures. Fire reduction zones refer to strips of land planted with fire - retardant trees, shrubs and ground covers which are well irrigated, have brush removed, trees pruned and grass kept mowed no greater than four inches high from March through November, a nd have small branches on trees pruned to a height of 6 - feet to remove “ladder fuels”. A more detailed description of fuel reduction zones is located in Section 5.7.1 Policy 7 - 5: Future planning for the hillsides north of Hecker Pass, Uvas Creek buffer areas, common areas, and natural open spaces in the upland areas adjacent to Uvas Creek should include measures to allow for oak woodland and grassland restoration. Policy 7 - 6: Promote oak tree conservation in the hillsides north of Hecker Pass Highwa y and natural common open space areas, to ensure continuation of the oak woodland heritage. Policy 7 - 7: Provide 30 - foot fuel transition zones between common open space areas and structures, which are planted with fire - retardant trees, shrubs and ground cover. Policy 7 - 8: Prior to the removal of any significant tree(s), a field survey shall be conducted by a certified arborist to determine the number and location of each significant tree to be removed, the type and approximate size of each significant tr ee, and the reason for removal. These findings shall be included in a written report that contains specifications for replacing significant trees to be removed and submitted to the Gilroy Planning Division for review and approval. 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. Community Design 7 - 25 Final Hecker Pass Specific Plan August 2018 Agriculture Preservation: The rich agr icultural history of the Hecker Pass Area was a major contributing factor to designation of this special area as the “Jewel of Gilroy”. Prominent Gilroyan families including the Hoeys have farmed this land for over a century and have helped shape this are a into what it is today. Preserving the agricultural character of the Hecker Pass Area requires that agriculture be preserved, enhanced and incorporated into the landscape. This will be achieved by preserving existing agricultural lands along Hecker Pass and by planting additional agricultural crops separating development clusters. Agricultural landscaping should occur where soil is conducive to agricultural production. Incorporating agricultural themes in street furniture, signage, fencing and other suc h elements further enhance the agricultural character of the area. 7.4.2 LANDSCAPING CONCEPT A hierarchy of landscaping styles should occur radiating outward from private yard spaces of individual homes and Agri - tourist or Agricultural Commercial developments toward the open space areas throughout the Specific Plan Area. Lawns and formal landscaping should be restricted to private yards of individual homes and immediately adjacent to Agri - tourist and Agricultural Commercial structures. Common areas within hou sing clusters, Agri - tourist and Agricultural Commercial garden and patio areas, and some public spaces should be less formal and rural in appearance but may include some ornamental landscaping in appropriate locations. Transitional landscaping should occu r within development clusters and in limited areas separating each cluster. This transitional landscaping should give way to the open space surrounding each cluster, which should be the least formal landscaping and may include agricultural vegetation such as vines, orchard trees, or other agricultural plantings or natural vegetation such as grasses, oaks, or other native planting materials. Landscaping should be planted to screen views of residential development from Hecker Pass Highway in order to preser ve the rural character of the area. The recreational open space areas should consist of another type of transitional landscaping that blends the agricultural and open space landscaping with the natural vegetation that occurs within the Uvas Creek riparian corridor. The Uvas Creek riparian corridor and the private open space that occurs in the hillsides north of Hecker Pass Highway should be left in their natural condition with the exception of any necessary habitat mitigation, restoration and enhancement planting. 7.4.3 PLANTING MATERIALS This section provides some general guidelines for the placement, arrangement and selection of trees, shrubs, plant types, and groundcover for each of the different areas within the various portions of the Hecker Pass Area. N o matter what type of vegetation is chosen, all landscaping should generally consist of native drought tolerant plants that can adapt to natural conditions of Community Design 7 - 26 Final Hecker Pass Specific Plan August 2018 the area and do not create fire hazards. Existing native vegetation, especially trees, should be preserved whenever possible. Trees that provide shade should be chosen to mitigate the hot summer weather typical to the Gilroy area. Plants should not be invasive and should be low maintenance, particularly in large open space areas. This section has been organized by plant list. Prior to each plant list is a brief description of the various areas throughout the Specific Plan Area that should use plants from each list. Riparian Habitat Restoration and Enhancement: The Uvas Creek riparian corridor pr ovides vital habitat to many important plant and animal species. Because riparian corridors are so essential to these species and the health of our ecosystem, they are protected by many State and Federal agencies. Therefore, any activity that occurs with in the corridors is subject to the review and approval of these agencies. Any landscaping that occurs within the Uvas Creek corridor, including restoration, enhancement, and mitigation, must be reviewed and approved by the City of Gilroy and the Californi a Department of Fish and Game. Mitigation and enhancement landscaping may include the eradication of non - native invasive plant species and replacement with native plant materials. Currently, Uvas Creek has become over - run with Arundo Donax, an invasive n on - native species, which has strangled many of the plants that naturally occur in this corridor. Santa Clara Valley Water District currently has a program that specifically targets Uvas Creek for removal of Arundo Donax. As part of this program, Santa Cl ara Valley Water District requests owner’s permission to enter the property and perform work to remove the Arundo Donaox. Work may consist of physical removal of the biomass by digging, the use of the herbicide Aquamaster (an aquatic form of roundup) on r esprouts, and follow up monitoring and treatment. Once removed, Arundo Donax should be replaced with the following native riparian plant materials after review and approval of the City of Gilroy and the California Department of Fish and Game: Community Design 7 - 27 Final Hecker Pass Specific Plan August 2018 Riparian Plant List Botanical Name Common Name Shrubs, Vines & Herbaceous Ceanothus ‘Centennial’ California Lilac Ceanothus rigidus ‘Snowball’ White California Lilac Diplacus aurantiacus Monkey Flower Eriogonum crocatum Saffron Buckwheat Fremontodendron californica ‘California Glory’ Flannel Bush Prunus ilicifolia Hlly - leaf Cherry Rhus integrifolia Lemonade Berry Ribes sanguineum Flowering Currant Rosa gymnocarpa Woodrose Trees Acer negundo Box Elder Aesculus califrornica California Buckeye Cercis occidentalis Western Redbud Quercus agrifolia Coast Live Oak Quercus kellogii Black Oak Quercus lobata Valley Oak Salix lasiolepis Arroyo Willow Sali laevigata Red Willow Groundcovers Arctostaphylos hookeri ‘Monterey Carpet’ Monterey Manzanita Heuchara sanguinia Coral Bell Rushes & Sedges Carex densa Sedge Carex gynodynama Sedge Carex obnupta Sedge Eleocharis macrostachya Spikerush Juncus effusus Rush Juncus phaeocephalus Rush Juncus xiphioidesw Bulrush Typha latifolia Cattail Grasses Briza maxima Big quaking grass Note: Additional species may be used with City and/or jurisdictional Agency approval. Community Design 7 - 28 Final Hecker Pass Specific Plan August 2018 Oak Woodland and Grassland Restoration: The hillsides north of Hecker Pass Highway consist of existing oak woodlands and grasslands and provide opportunities for oak woodland and grassland regeneration. Portions of these hillsides that are not already planned for development or are not suitab le for agricultural production have been designated as Open Space with the intent to keep this area in its natural state. Therefore, any landscaping activity that occurs within this hillside open space shall only consist of enhancements and/or mitigation plantings if required as part of a development proposal. Other large open space areas within the Specific Plan Area unsuitable for agricultural production should also be planted to reflect the oak woodland and grassland regeneration concept discussed earl ier in this chapter. Ornamental landscaping should not occur in these areas. Plantings within the hillside open space north of Hecker Pass Highway and other natural open space areas shall only include indigenous plant species including the following: In digenous Plant List Botanical Name Common Name Shrubs, Vines & Herbaceous Arctostaphylos bakeri ‘Louis Edmunds’ Louis Edmunds Manzanita Arctostaphylos densiflora ‘Howard McMinn’ McMinn Manzanita Arctostaphylos ‘Emerald Carpet’ Kinnickinnick Baccharis pilularis var. pilularis Prostrate Coyote Brush Calycanthus ocidentalis Spice Bush Ceanothus ‘Centennial’ California Lilac Ceanothus ‘Concha’ California Lilac Ceanothus ‘Frosty Blue’ California Lilac Ceanothus gloriosus ‘Joyce Coulter’ California Lilac Ceanothus gloriosus ‘Emily Brown’ California Lilac Ceanothus arboreus ‘owlswood Blue’ Ceanothus ‘Julia Phelps’ California Lilac Ceanothus ‘Ray Hartman’ Ceanothus Ceanothus rigidus ‘Snowball’ White California Lilac Convolvulus cneorum Bush Morning Glory Eriogonum umbellatum polyanthus Sulfur Buckwheat Fremontodendron californica ‘California Glory’ Flannel Bush Garrya elliptica Silk Tassel Bush Heteromeles arbutifolia Toyon Isomeris arborea Bladder Pod Mahonia aquifolium Oregon Grape Mahonia aquifolium ‘Compacta’ Dwarf Oregon Grape Mahonia pinnata California Holly Grape Myrica californica Wax Myrtle Penstemon antirrhinoides Yellow Bush Penstemon Prunus ilicifolia Holly - leaf Cherry Ribes sanguineum Flowering Currant Community Design 7 - 29 Final Hecker Pass Specific Plan August 2018 Botanical Name Common Name Ribes speciosum Fuchsia Flowered Gooseberry Rhus laurina Laurel Sumac Romneya coulteri Matilija Poppy Salivia leucophylla Purple Sage Symporicarpos rivularis Snowberry Trichostema lanatum Woolly Blue Curls Trees Cercis occidentalis Western Redbud Juglans californica Western Black Walnut Platanus racemosa California Sycamore Quercus agrifolia Coast Live Oak Quercus lobata Valley Oak Schinus molle California Pepper Schinus terebinthifolium Brazilian Pepper Sequoia Sempervirens ‘Aptos’ Coast Redwood Torreya californica California Nutmeg Annuals Chorizanthe staticoides Turkish Rugging Clarkia elegans Clarkia Coreopsis calliopsidea Coreopsis Eschscholzia californica California Poppy Gilia achilleaefolia Gilia Linanthus grandiflorus California Phlox Lupinus nanus Annual Lupine Perennials Aquilegia eximia Columbine Iris douglasiana Douglas Iris Lobelia cardinalis var. splendens Cardinal Flower Mimulus cardinalis Scarlet Monkey Flower Penstemon heterophyllus var. australis Penst emon Sisyrinchium bellum Blue - eyed Grass Zauschneria californica California Fuschia Note: Additional species may be used with City and/or jurisdictional Agency approval. Agricultural Lands : Agricultural lands create the rural and agricultural character of the Hecker Pass Area. The most prominent agricultural areas occur along Hecker Pass Highway because this is the area most visible to visitors traveling along the highway. Residential develo pment along Hecker Pass Highway should be setback approximately 250 feet from the Hecker Pass Highway existing centerline (or as excepted under the provisions of Section 5.6.2) and Agri - tourist and Agricultural Commercial buildings are required to be setba ck at least 115 feet from Hecker Pass Highway’s existing centerline. The area between the highway and these developments where soil and conditions allow for agricultural production should be used for Community Design 7 - 30 Final Hecker Pass Specific Plan August 2018 fields in active agricultural production. These agricu ltural fields should extend towards Uvas Creek, separating Agri - tourist and Agricultural Commercial areas and residential clusters. While grape vines are the preferred crop for the agricultural open space, any of the agricultural crops requiring low level s of pesticide are acceptable including orchard trees (cherry, apricot, peach, etc.) and row crops. Plantings in agricultural buffer areas should include native plants directly adjacent to agriculture with a transition to more formal landscaping adjacent to residential and commercial uses. See Sections 5.2.1.3, 5.7.2, and 5.7.3 for more information on agricultural buffers. Other Areas: Other landscape areas related more to individual developments include common open spaces, private yards, and Agri - touri st and Agricultural Commercial areas. These areas may tend to be more formal but should still reflect rural and agricultural themes. Common open space refers to common and restricted areas within residential clusters intended for the use of residents of the project. These areas often serve as yard areas since the individual units within these developments are usually limited to small patios and entry areas. Therefore, common open space areas may be landscaped similarly to private yards depending on the proximity of the area to dwelling units. Lawns, gardens and ornamental landscaping are acceptable but should be low maintenance, non - invasive, drought tolerant, fire resistant, and should not contain plants that may host agricultural pests. Any area that does not function as a driveway, walkway, structure or similar use must be landscaped and large expansive areas of pavement should be avoided. Parking areas within residential developments should be distributed throughout the site to avoid large areas of paving and should be heavily landscaped. Landscaping should be used to screen parking areas from public roadways to the greatest extent possible. Private yards may consist of formal lawns, trees, gardens and other ornamental landscaping. The Specific Plan does not intend to restrict the creativity of individual homeowners, however, some basic guidelines should be followed. Formal yard landscaping should be limited to areas immediately adjacent to homes. Plants should be drought tolerant and non - invas ive. Plants known to harbor agricultural pests should be avoided. Front yards should include native shade trees that accent the residential road shade trees. Agri - tourist and Agricultural Commercial areas should be well landscaped to maintain a rural c haracter and attract tourists traveling along Hecker Pass Highway. The use of agriculture landscaping such as vineyards is encouraged in the open space areas of Agri - tourist and Agricultural Commercial developments. The landscape should reflect a rural c ountry setting through informal gardens, tree clusters, trellises, arbors, gazebos and other landscape features typically found in wineries and farms. Small courtyards, patios, and other public gathering spaces should use landscaping to create attractive and welcoming outdoor atmospheres for eating, sitting and participating in activities related to the particular business within the adjoining structure. Shade should be incorporated into the landscape design to provide respite from hot summer days and to cool adjacent buildings, reducing energy consumption. Long walls and fences should be landscaped and articulated to de - emphasize manmade structures and break monotonous expansive surfaces. Unattractive areas such as maintenance yards should be Community Design 7 - 31 Final Hecker Pass Specific Plan August 2018 screened f rom public view by clustering trees or shrubs. Parking areas within Agri - tourist and Agricultural Commercial developments should be distributed throughout the site to avoid large areas of paving and should be heavily landscaped. Landscaping should be use d to screen parking areas from public roadways to the greatest extent possible. For larger parking areas, a planting area should be provided after every five consecutive parking spaces. (See Sections 7.2.3, 7.3.4, and 7.4.9 for additional requirements). Appropriate plant materials for private yards, project open space, and landscape areas of Agri - tourist and Agricultural Commercial uses include: General Plant List Botanical Name Common Name Shrubs, Vines & Herbaceous Agapanthus oreintalis ‘Queen Anne Select’ Lily - of - the - Nile (blue) Arbutus unedo ‘Compacta’ Dwarf Strawberry Tree Arctostaphylos bakeri ‘Louis Edmunds’ Louis Edmunds Manzanita Arctostaphylos densiflora ‘Howard McMinn’ McMinn Manzanita Berberis thunbergii ‘Crimson Pygmy’ Japanese Barberry Berberis thunbergii ‘Rose Glow’ Japanese Barberry Buddleia ‘Black Knight’ Buddleia Camellia japonice Cameillia Ceanothus ‘Frosty Blue’ California Lilac Ceanothus gloriosus ‘Joyce Coulter’ California Lilac Ceanothus ‘Ray Hartman’ Ceanothus Ceratostigma plumbaginoides Dwarf Plumbago Cistus ‘Sunset’ Magenta Rockrose Cistus purpureus Orchid Rockrose Cistus villosus ‘Prostratus’ Coleonema pulchrum Pink - breath - of - heaven Convolvulus cneorum Bush Morning Glory Correa ‘Carmine Bells’ Australian Fuschia Dietes vegeta Fortnight Lily Escallonia ‘Fradesi’ Pink Escallonia Escallonia ‘Newport Dwarf’ Dwarf Escallonia Escallonia ‘Terri’ Escallonia Euryops pectinatus ‘Viridis’ California Bush Daisy Fremontodendron californica ‘Cali fornia Glory’ Flannel Bush Grevillea noellii Hummingbird Bush Hemerocallis fulva Daylilies (yellow) Heteromeles arbutifolia Toyon Hydrangea quercifolia Oakleaf Hydrangea Lagerstroemia ‘Petite Embers’ Dwarf Red Crape Myrtle Leptospermum scoparium ‘Ruby Glow’ New Zealand Tea Tree Community Design 7 - 32 Final Hecker Pass Specific Plan August 2018 Botanical Name Common Name Mahonia aquifolium Oregon Grape Myrica californica Pacific Myrtle Wax Myrtus communis ‘Compacta’ Dwarf Myrtle Naninda domestica Heavenly Bamboo Nerium ‘Petite Salmon’ Dwarf Oleander Olea europaea ‘Little Ollie’ Olive Photinia fraseri Photinia Plumbago auriculata Cape Plumbago Prunus caroliniana ‘compacta’ Dwarf Carolina Laurel Cherry Prunica granatum ‘Nana’ Dwarf Pomegranate Rhus integrifolia Lemonade Berry Rosa ‘Carefree Beauty Pink’ Rosmarinus ‘Ken Taylor’ Rosemary Sollya heterophylla Australian Bluebells Spiraea bumalda ‘Anthony Waterer’ Spiraea Spiraea japonica ‘Little Princess’ Spiraea Trachelospermum jasminoides Star Jasmine Viburnum tinus ‘Spring Bouquet’ Laurustinus Westringia rosmariniformis Rosemary Bush Westringia Xylosma congestum Shiney Xylosma Trees Acer palmatum Japanese Maple Arbutus Unedo Strawberry Tree Arbutus ‘Marina” Strawberry Tree Cedrus Deadora California Christmas Tree Cercis occidentalis Western Redbud Fruit Trees Owner’s choice Lagerstroemia x faureie hybrids Tuscarora (red) (Crape Myrtle) Magnolia soulangeana Saucer Magnolia Olea europaea Olive Tree Pistacia chinesis Chinese Pistache Platanus acerfolia ‘Yarwood’ London Plane (standard/multi) Podocarpus gracilior Fern pine Prunus yeoensis ‘Akebono’ Flowering Cherry Pyrus calleryana ‘Bradford’ Bradford Flowering Pear Quercus agrfolia California Live Oak Quercus coccinea Scarlet Oak Quercus lobata Valley Oak Quercus palustris Pin Oak Quercus robur ‘ Fastigiata’ Upright English Oak Quercus rubra Red Oak Quercus suber Cork Oak Community Design 7 - 33 Final Hecker Pass Specific Plan August 2018 Botanical Name Common Name Quercus virginiana Louisiana Live Oak Rhus lancea African Sumac Schinus molle California Pepper Sequoia sempervirens ‘Aptos’ Coast Redwood Umbellularia californica California Bay Laurel Groundcovers Annual color Seasonal changes Arctostaphylos ‘Emerald Carpet’ Manzanita Baccharis pilularis ‘Twin Peaks’ Dwarf Coyote Brush Ceanothus ‘Carmel Creeper’ Ceanothus Coprosma ‘Verde Vista’ Creeping Coprosma Cotoneaster ‘Lowfast’ Cotoneaster Heuchera sanguinia Coral Bell Hypericum calycinum Trailing St. John’s Wort Iberis Sempervirens ‘Snowflake’ Candytuft Myoporum parvifolium ‘Prostratum’ Myoparum Rosemarinus officinalis prostrates Trailing Rosemary Scaevola chinensis Muave Clusters Scaevola ‘Diamind Head’ Santolina chamaecyparissus Lavender Cotton Sedum rubrotinctum Pork and Beans Trachelospermum jasminoides Star Jasmine Verbena peruviana ‘Homestead Purple’ Purple Verbena Vines Campsis ridicans Trumpet Creeper Clematis armandii Evergreen Clematis Clytostoma Callustegioides Lavender Trumpet Vine Jasminum polyanthum Pink Jasmine Parthenocissus tricuspidata Boston Ivy Rosa ‘Cecil Brunner’ Cecile Brunner Rose Tecomeria capensis Cape Honeysuckle Vitis vinifera Grape Wisteria sinesis Chinese Wisteria Perennials Achillea millefolium ‘Pastel Mix’ Common Yarrow Artemisia ‘Powis Castle’ Silver Mound Campanula poscharskyana Convolvulus mauritanicus Coreopsis grandiflora ‘Early Sunrise’ Coreopsis Cuphea aequi[etala Echinaeacea /Rudbeckia purpurea Purple Cone Flower Erigeron karvinskianus Santa Barbara Daisy Community Design 7 - 34 Final Hecker Pass Specific Plan August 2018 Botanical Name Common Name Erysmum linifolium ‘Bowles Mauve’ Cheiranthus Gaura lindheimeri Gaura Hemerocallis fulva Daylilllies (yellow) Iris Hybrid Lavandula angustifolia English Lavender Lavandula stoechas ‘Otto Quast’ Spanish Lavender Limonium peresii Sea Lavender Nepate mussinii ‘Six Hill Giant’ Catnip Penstemon varieties Beardtongue Perovskia atriplicifolia Russian Sage Rudbeckia fulgida ‘ Goldsturm’ Black - eyed Susan Salvia leucantha Mexican Sage Salvia greggii varieties Autumn Sage Stachys byzantina ‘Silver Carpet’ Lamb’s Ear Ferns Adiantum pedatum Fern Polystichum Sword Fern Woodwardia fimbriata Giant Chain Fern Grasses Briza maxima Big Quaking Grass Festuca ovina ‘Glauca’ Blue Fescue Festuca rubra Creeping Red Fescue Helictotrichon sempernirens Blue Oat Grass Pennisetum setaceum ‘Rubrum’ Purple Foiuntain Grass Stpa gigantean Giant Feather Grass Native Grass and Wildflower Mix (Available from Clyde Robin Seed Company (510) 785 - 0425 1. Hard Fescue (Bunch Grass) Spread @ 80 Lbs. Per acre 2. Flower Mix: Spread @ 15 lbs. Per acre Eschscholzia californica California Poppy Gazania ‘Sunrise Yel low’ Gazania Layia platglossa Tidy Tips Lupinus nanus Sky Blue and White Lupin Sisyrinchium bellum Blue - eyed Grass Trifolium incarnatum Crimson Clover Note: Additional species may be used with City and/or jurisdictional Agency approval. Transitional areas: Areas between different types of landscapes should combine plants from both types of landscapes that border the transitional area. Community Design 7 - 35 Final Hecker Pass Specific Plan August 2018 Transition from agricultural open space, natural open space, and the manmade environment should occur within the recreational open space portion of the Uvas Creek Park Preserve. This transitional zone should include plants from both the riparian plant list and the indigenous plant list. T he transition from residential, Agri - tourist and Agricultural Commercial areas to agricultural/common open space areas is important to prevent conflicts between uses and to reduce health and safety risks. Ample room must be provided between homes and the agricultural fields to ensure that agricultural p roduction can continue without adversely impacting residents. The use of pesticides and machinery often conflict with adjacent residential uses and must be mitigated; therefore, a 50 - foot minimum agricultural buffer is required between residential structu res and agricultural fields as discussed in Chapter 5. This 50 - foot buffer can combine roadways, fuel reduction zones, yard areas, common open space areas, etc. Plantings in agricultural buffer areas should include native plants directly adjacent to agric ulture with a transition to more formal landscaping adjacent to residential and commercial uses. See Sections 5.2.1.3, Sections 5.7.2 and Section 5.7.3 for more information on agricultural buffers. Buffers should also be provided between natural common o pen spaces and residential uses to reduce the risk of fire. The fire department requires a 60 - foot strip of land between residential uses and open space areas, known as a fire hazard reduction zone, for this purpose. This fire hazard reduction zone can c onsist of 30 feet of irrigated fire resistive landscape area plus 30 feet of land that has brush removed, trees pruned, and grass kept mowed no greater than 4 inches high from March through November. Trees within fuel hazard reduction zones shall have sma ll branches pruned to a height of 6 feet to remove “fuel ladders” (see Section 5.7.1). 7.4.4 ROADWAY LANDSCAPING Rural Collector Roads: Collector roads should be clearly distinguished from other roads in the area. Trees should be evenly spaced forming a straight line parallel to the right - of way. This arrangement emulates trees planted in agricultural areas to protect agricultural fiel ds from wind. Spacing should be determined by the typical canopy width of a mature 15 - year old tree. Trees should form a near continuous canopy over the roadway to provide shade. Accent trees adjacent to right - of - ways should consist of smaller trees spa ced far enough from the street trees to thrive and to not obstruct vehicle sight lines. Shoulders should be left in a natural condition with native grasses, mulch or stones. Berms at roadways are discouraged. Roadside landscaping will be maintained by t he property fronting the road. Rural Entry Roads and Entry Features: Entry roads and entry features should create a clear definable gateway to residential development while still blending with the rural and agricultural landscape. Overly decorative e ntry features such as ornate walls and flowerbeds are not appropriate. Simple walls and fences or clusters of native tree and shrub species, however, may be used. Simple entry Community Design 7 - 36 Final Hecker Pass Specific Plan August 2018 features that emulate the entries to vineyards or ranches provide another crea tive alternative. Entry features should not obstruct vehicle sight lines. Entry roads should be lined with trees in a straight row, similar to typical entry roads for vineyards, farms, and ranches. These trees should be smaller in scale to those trees found along adjacent rural collector roads. Roadside landscaping will be maintained by the property fronting the road. Rural Residential Roads: Rural residential roads should be less formally landscaped than collector roads. Street trees can be plante d individually or in groups. There should be a minimum of one street tree or tree cluster every 50 feet. Placement should appear more random and natural. Tree clusters should consist of a larger shade street surrounded by smaller trees or shrubs. Trees should be arranged to provide shade to the street, walking path, and especially parking bays. The ground should consist of small shrubs, native groundcover, or mulching. Natural, drought - tolerant grasses should be used in lieu of turf grass. Roadside l andscaping will be maintained by the property fronting the road. Private Access Road: Private access roads should also be landscaped similarly to rural residential roads. Placement of street trees should appear more random and natural and can consist of individual trees or a cluster of larger shade trees surrounded by smaller trees or shrubs. Street trees or clusters should occur a minimum of every 50 feet and should be planted to provide shade to the street, walking path, and especially parking bays. The ground should consist of small shrubs, native groundcover, mulching, and drought - tolerant grasses. Turf grass should be avoided. Roadside landscaping will be maintained by the property fronting the road. Roundabouts: Roundabouts and dividers on collector roads should be planted with trees and shrubs in an organized and creative design, similar to Figure 7 - 13. Community Design 7 - 37 Final Hecker Pass Specific Plan August 2018 F i g u r e 7 - 1 2 : T y p i c a l R o u n d a b o u t L a n d s c a p i n g Overly decorative entry features such as ornate walls and flowerbeds are not appropriate. Simple low walls and transparent fences or clusters of native tree and shrub species, however, may be used. Entry features, including trees and shrubs, shall not obstruct vehicle sight lines. Median islands and roundabout landscaping will be privately maintained by homeowners associations (HOA), Lighting, Landscaping & Maintenance District (LLMD), or other such entity. Vegetated Swales: Vegetated swales occurring adjacent to roadways, around parking areas, and throughout the Specific Plan Area should be planted with drought resistant and erosion resistant grasses. These grasses filter out pollutants from storm water runoff through chemical reactions, pretreating the water before it enters the storm drain system and eventually, Uvas Creek. The following species are appropriate for vegetated swales: Vegetated Swales Plant List Scientific Name Common Name Agrostis exerata Bentgrass Colonial Bentrass Creeping Bentgrass Highland Bentgrass Bromus carinatus California Brome Buchloe dactyloides Buffalo Grass Elymus trircoides Creeping wildrye Festuca idahoensis Idaho fescue, Blue benchgrass Community Design 7 - 38 Final Hecker Pass Specific Plan August 2018 Scientific Name Common Name Festuca rubra Molate/Red Fescue Hordeum brachyantherum Meadow Barley Hordeum brachyantherum salt Meadow Barley salt Common bermudgrass Hybrid bermudagrass Perennial ryegrass Stipa pulchra Purple needlegrass Vulpia myuros v. hirsute Zorro annual fescue Zoysiagrass Note: Additional species may be used with City and/or jurisdictional Agency approval. Native seed suppliers, plant nurseries, erosion control specialists and landscape consultants can suggest additional plant species appropriate to particular swales. Community Design 7 - 39 Final Hecker Pass Specific Plan August 2018 7.4.5 FENCING Fencing is an integral part of the rural landscape of the Hecker Pass Area. The design of fences should preserve the open feeling of the area and should enhance rather than obstruct views to agricultural areas, the Gabilan Mountains, Uvas Creek and other open space areas. Fencing in environmentally sensitive areas should not preve nt the free movement of wildlife through the area. Open Fencing: Open or “transparent” fencing such as split rail fencing, post and grid wire mesh, tubular steel fencing, or planted fencing is preferred. Cyclone fencing ( also known as chain link fencin g ) is generally not a llo we d . However, exceptions m a y b e m a de f or a g r i c ultu ra l u s e s where other types of rural fencing are not practical or where such fencing is used aesthetically as a design feature to promote an agricultural theme. In addition, open - type fencing may be located within the Hecker Pass Setback Corridor where appropriate for security purposes. All uses of cyclone fencing, and all fencing within the Hecker Pass Setback Corridor, will require administrative approval by the City of Gi lroy, Planning Division. Post and Grid Wire Mesh Fencing Tubular Steel Fencing Split Rail Fencing Community Design 7 - 40 Final Hecker Pass Specific Plan August 2018 Planted Fencing Solid Fencing and Walls: Low stone, rock, and stucco walls are allowed to define patios, gardens, and courtyards provided they are no taller than 4 feet. Solid fencing or taller walls are allowed in moderation to screen unsightly production areas from public view but may not be t aller than 7 feet and must be constructed of natural looking materials. The use of solid walls should be limited to Residential Cluster/Agricultural Commercial, Residential Cluster/Agri - tourist Commercial , or Residential Cluster/Roadway interfaces; or i n other instances as described above. Planted fenc ing including shrubs and trellised vines should be used as an alternative to solid fencing and is preferred. Solid Wall Low Wall Fencing Materials: Fencing materials should blend in with the natural surroundings, be compatible and complimentary to one another , and reflect the agricultural character of the area and the architectural style of the associated building. Fencing Heights: All fencing, wherever located, will not be taller than 7 fee t. Front Yards Fencing: Front yard fencing is discouraged in order to retain the open feeling of the area. In instances where front yard fencing occurs, fencing shall not exceed three feet in height and shall be open fencing of the same type discusse d above. Side Yard and Rear Yard Privacy Fencing: Fencing along side and rear yards shall not exceed 7 feet. Side yard fencing shall be held back 10 feet behind the front building face and 5 feet from adjacent streets or public right - of - ways. When fence s abut open space areas, fences shall Community Design 7 - 41 Final Hecker Pass Specific Plan August 2018 be of transparent design. Solid privacy fencing should be located in close proximity to the primary dwelling structure to preserve the openness of the area while still providing ample privacy to the residents. Common Open Space Areas: Fencing of common open space areas surrounding individual homes and housing clusters is strongly discouraged but may be necessary along right - of - ways. When necessary, fencing shall not exceed 4 feet in height and should be of transparen t design. Fences around open space areas shall provide openings allowing access to public trails that run through the area. Uvas Creek Riparian Corridor: Fencing that obstructs the free movement of wildlife within the Uvas Creek Riparian corridor is proh ibited. 7.4.6 SIGNAGE Nothing can detract from the rural feel and attractiveness of an area more than inappropriate signage. Signage is an important element that helps define the character of the area while allowing visitors to orient themselves geographically. Signs are most important however in marketing a business and its services to potential customers and therefore tend to be large and obtrusive if not properly controlled. Therefore, the size and type of signs allowed in the Specific Plan Area are limited. In addition t o the requirements discussed in this section of the Specific Plan , signage visible from Hecker Pass Highway is subject to the requirements of Section 5440.1 of the Business and Professions Code (Outdoor Advertising Act) in order to meet Caltrans requiremen ts for Scenic Highways. Signs should be limited in number and should be simple in design so as not to distract from the natural and rural environment. Materials and colors should be chosen that compliment the rural character of the area. Signs within th e Specific Plan Area should communicate clearly and succinctly basic information including street names, development names, and the location of important facilities with minimal size. Walls, poles, and other supports for signs should consist of natural ma terials such as wood or stone and should be unobtrusive. Metal poles, bright colors, neon, and billboards are prohibited. Signs may be externally lit but should provide the lowest level of lighting possible to illuminate the sign. Street signs can help d efine an area from other areas within the City. Street signs within the Specific Plan Area should be distinctive from the rest of the City and should reflect the rural and agricultural character of the area. Each residential development, Agri - tourist and Agricultural Commercial is allowed a maximum of 15 square feet of aggregate sign space for the overall development (i.e. residential Community Design 7 - 42 Final Hecker Pass Specific Plan August 2018 neighborhood, commercial center). Sign space is defined as the area that contains text and logos identifying the busin ess name, business type, business affiliation, name of the residential or commercial development or the use of the property. Aggregate sign space does not include pedestals, mounting, or other structures used to display the sign. Signs larger than 15 squ are feet are conditionally allowed with administrative approval by the City of Gilroy Planning Department if they incorporate the rural and agriculture theme of the area, meet all other design criteria set forth in this section, do not visually detract fro m the character of the area, and do not block views. For uses that are located at the end of long driveways and are not visible from public roadways, one additional overall development entry sign near the main roadway is permitted but is subject to the sam e requirements discussed above. If more than one use occurs within the Agri - tourist and Agricultural Commercial each individual use is allowed 15 square feet of aggregate sign space on the premises of the use in addition to the overall development sign. Signs larger than 15 square feet are conditionally allowed with administrative approval by the City of Gilroy Planning Department if they incorporate the rural and agriculture theme of the area, meet all other design criteria set forth in this section, d o not visually detract from the character of the area, and do not block views. Signs should be incorporated into the architecture whenever possible and are encouraged to use historic, agricultural, or rural themes and styles. Signs may only be located o n the property for which the sign is intended. Off - site signage and advertising signage are prohibited. Off - site signage is prohibited. Signage may be illuminated externally. Neon and exposed bulbs are not allowed. Supporting structures for any sign shall be made of natural or natural looking materials. Signs may be free standing, mounted on walls, or mounted on other structures. The following sign mounts are allowed in the Specific Plan Area. Awning: A single awning sign that does not exceed more than 2/3 of the unit’s frontage is permitted for each unit provided it is less than eight feet tall and is consistent with the architectural theme of the building. Signs taller than 8 feet are conditionally allowed with administrative approval by the City of Gilroy Planning Department. Canopy: A single canopy sign that does not exceed 12 feet in length or 4 feet in height is permitted provided it is not placed above the roofline or does not exceed 2/3 of the unit’s frontage. Signs longer than 12 feet a nd/or taller than 4 feet are conditionally allowed with administrative approval by the City of Gilroy Planning Department. Wall Signs: Wall signs may be mounted to buildings or entry walls but may not exceed 15 square feet and should be compatible with the architecture and materials of the building or structure. Signs larger than 15 square feet are conditionally allowed with administrative approval by the City of Gilroy Planning Department. Freestanding: Freestanding signs may be a maximum of 8 feet tal l but may not exceed 15 square feet. Signs larger than 15 square feet and/or taller than 8 feet are conditionally allowed with a Conditional Use Permit. Community Design 7 - 43 Final Hecker Pass Specific Plan August 2018 Entry Arch: Entry arch signs may be a maximum of 20 feet tall but may not exceed 15 square feet of si gn area. Signs larger than 15 square feet and/or taller than 20 feet are conditionally allowed with administrative approval by the City of Gilroy Planning Department. Temporary Signs: Temporary signs for the marketing of home sales and leasing or for co mmunity events are permitted within the Special Use District and are subject to the provisions of the City of Gilroy Zoning Ordinance. 7.4.7 LIGHTING Preserving the rural character of the Specific Plan Area and minimizing disturbances to the natural environmen t requires minimal lighting. Lighting should be provided at the lowest level required for public safety and should be spaced at the greatest distance along right - of - ways to still meet photometric requirements. Intersections, sharp curves, ends of cul - de - sacs, and crosswalks on all streets should be illuminated. On smaller streets (i.e. all streets except for rural collector roads and Hecker Pass Highway ) lighting should alternate from one side of the street to the other. Light fixture styles should con form to the typical light detail seen in Figure 7 - 14. F i g u r e 7 - 1 3 : T y p i c a l S t r e e t L i g h t F i x t u r e Community Design 7 - 44 Final Hecker Pass Specific Plan August 2018 Lighting of residential, Agri - tourist and Agricultural Commercial developments should be minimized according to the requirements for public safety. Entries , parking areas, and key intersections should be lit at minimum. Light posts and fixtures should reflect the rural character of the area and be consistent with the architectural style of the adjacent structure. Lamp posts in pedestrian areas should be sc aled to the pedestrian while lamp posts in parking lots may be taller but shall not exceed 16 feet in height. Lighting should also be used to enhance architectural features and landscape elements. Uplighting along paths and in gardens, patios and other public spaces is encouraged to create ambiance. Decorative lighting at main entrances should be used for emphasis. In all instances, lighting should not disturb neighboring properties or create driving hazards. Policy 7 - 10: Nighttime lighting of playfields should not be permitted unless the proposed lighting design and technology substantially reduce nighttime glare and substantially reduce glare in areas outside of the immediate playfield area. Policy 7 - 11: Projects propo sing nighttime lighting of playfields will be subject to a conditional use permit and will require the review and approval of the City of Gilroy Policy 7 - 12: Landscaping plans for any recreation improvements proposed in or adjacent to riparian habitat sha ll include lighting specifications that shall include at least the following elements: All lighting adjacent to riparian habitat along Uvas Creek will be directed away from the riparian habitat No lighting will be installed in the riparian buffer area; and No lighting will generally be allowed after 11:00PM Policy 7 - 13: Street lighting in the Hecker Pass Specific Plan Area shall be the lowest level required for public safety, with street lighting generally limited to street intersections, similar to the Hillside Residential lighting standards. 7.4.8 STREET FURNITURE Street furniture within the Hecker Pass Area should be kept to a minimum and should reflect the rural character of the area. Benches and trash receptacles along public paths should be consisten t throughout and should be strategically placed in areas where people might stop to enjoy the surrounding environment. Creative styles such as planters and trashcans made of old wine barrels or benches made of logs are encouraged. Community Design 7 - 45 Final Hecker Pass Specific Plan August 2018 Patio furniture, benc hes, trash receptacles and planters in common areas should be constructed of natural or natural looking materials. They should compliment the architectural style of the buildings nearby and should reflect the agricultural and rural atmosphere of the Hecke r Pass Area. 7.4.9 PAVING MATERIALS Paved areas including patios and walkways should be kept to a minimum. The use of pervious paving materials such as raised wooden decks, paving stones, gravel, rock, decomposed granite, permeable interlocking concrete pave ment, special perforated paving systems, hard packed dirt or grass, or unmortared brick, stone or tile that prevent pollutants from intruding into the groundwater are encouraged as an alternative to asphalt and concrete. All developments must meet America n’s with Disabilities Act (ADA) requirements. Paved areas should be edged with wood or stone when adjacent to landscaping areas and wherever possible. Standard curb and gutter construction should be avoided but may be used when necessary to ensure safety such as in areas where pedestrian areas are directly adjacent to parking areas. In limited areas where paving does occur, grass swales should be strategically placed around paved areas to collect pretreat, and convey water to the storm drainage system. Community Design 7 - 46 Final Hecker Pass Specific Plan August 2018 8 PUBLIC UTILITIES The purpose of the Public Utilities Chapter is to facilitate an orderly development of infrastructure in the Specific Plan Area and to ensure adequate capacity of utilities for future uses. This chapter addresses the existing and future demands for domestic water, recycled water, sanitary sewer, storm drainage, solid waste disposal, and gas and electric distribution systems within the Specific Plan Area. 8.1 WATER According to the City of Gilroy Water Master Plan , May 1993, the City of G ilroy uses local groundwater from the Llagas sub - basin as its sole source of domestic water. The Llagas sub - basin is approximately 15 miles long, 3 miles wide along its northerly boundary and 6 miles wide along its southerly boundary. The basin is locate d below the City of Gilroy and flows south towards the Pajaro River. The sub - basin has a storage capacity of 475,000 acre - feet and has an estimated long - term natural groundwater yield of 45,200 acre - feet per year. Llagas and Uvas Creeks, which flow into the basin’s western side, recharge Llagas sub - basin. Coyote Creek may also recharge the sub - basin through infiltration on the northern end. The natural recharge into the sub - basin is low. Santa Clara Valley Water District (SCVWD), the principal groundwa ter management agency in the County of Santa Clara, artificially recharges the sub - basin with imported surface water through the San Filipe Water Project. SCVWD is also the contracting agency for both the State Water Project and the Federal Central Valley Project. The City of Gilroy operates 12 existing wells to serve the City; only 8 are active. The City of Gilroy pays a pumping tax to SCVWD, which also acts as the major water wholesaler for Santa Clara County. City wells are operated based on system demands based on reservoir levels, peak demands, and fire flows based on system pressure. Wells are rotated weekly. Wells pump water directly into the distribution system and water that is not used is used to fill reservoirs. The City has three Zone 1 r eservoirs, five Zone 2 reservoirs, and two Zone 3 reservoirs that have an overall total storage capacity of 14.07 million gallons (MG). Reservoirs are emptied to half capacity before filling from wells in the winter and set points are higher in the summer . Goal 8 - 1: Provide a public water distribution system to all new development in the Specific Plan Area. The City of Gilroy water distribution system is divided into three pressure zones based on elevation and static pressure. Zone 1 serves the lowest elevations and is supplied directly by City wells. Booster pump stations that pump water from Zone 1 serve Zones 2 and 3. Water is distributed to areas throughout the City through pipes ranging between 4” and 24” in diameter. 8.1.1 WELL WATER Well water is currently the primary source of water for agricultural uses in the Specific Plan Area. The continued use of well water in the Hecker Pass Specific Plan Area is critical to the viability of agricultural operations since potable City water is too expensive to support Public Utiliti es 8 - 1 Final Hecker Pass Specific Plan August 2018 agricultural activities and recycled water may not be suitable for some crops and soils. If it becomes necessary, existing wells may be replaced with new wells. New wells, other than replacement wells, are allowed for agricultural use only. Wh ere practical, the City encourages the use of recycled water for agricultural uses (See Section 8.1.3). Policy 8 - 1: Existing water wells within the Specific Plan Area will be allowed as an ongoing source of irrigation water for agricultural uses and open space areas. Existing domestic wells may remain in use until such time as wells become defunct or the property develops. If it becomes necessary, existing wells may be replaced with new wells. New wells, other than replacement wells, are allowed for agr icultural use only. There are approximately 9 existing agricultural water wells in the Specific Plan Area: 1 abandoned well on the South Valley National Bank/Raley’s Property, 1 agricultural well on the Hoey property; 2 agricultural wells at Goldsmith Se eds, Inc. property; 1 agricultural well on the Vanni Property; 1 dormant well and 1 active well on the South Valley Community Church property; 1 residential well on the Thomas property; and 1 residential well on the Castro Property. Although the South V alley National Bank/Raley’s Property previously obtained water from a well on - site, the pump was removed when the well was abandoned. When operating, the well had a capacity of about 120 gallons per minute (gpm). The South Valley National Bank/Raley’s Pr operty also previously obtained approximately 80 acre feet (AF) per year of agricultural water supplied via the 12” water line that crosses underneath Uvas Creek from Bonfante Gardens pumps and lakes to irrigate boxes of trees which used to be stored on th e property for the Bonfante Gardens Theme Park. The Giacalone/Christopher property was previously leased by Bonfante Nurseries and also used water from Bonfante Gardens, supplied by the same pipeline. The Hoey properties use one well for all agricultural uses south of Hecker Pass Highway . This 650 gpm well is located 400 feet south of Hecker Pass Highway and 400 feet east of Lone Oak. The Hoey properties currently use approximately 36 AF per year. Goldsmith Seeds uses two wells for agricultural and greenhouse needs. These wells produce 200gpm and 300 gpm. The operations at Goldsmith Seeds generally use 24 AF and 25 AF per year from these wells respectively. The Filice property and the Vanni properties share a well located near the westerly prope rty line of the Vanni property. This 15 - horse pump well produces approximately 400 gpm. The current vineyards on the Vanni property and Filice property demand 4.5 AF or less per year. The vineyards on the Vanni property use a drip irrigation system that minimizes the demand for water and the vineyards on the Filice property are not irrigated. The South Valley Community Church properties have two wells located on site: one in the front and one near the rear of the properties. The well at the rear of t he properties is not currently in use. The well on the front portion of the property currently serves the herbs being grown on site, Public Utilities 8 - 2 Final Hecker Pass Specific Plan August 2018 three of the existing buildings, and a fifth wheel trailer. The agricultural uses require 3.6 AF per year and the residen ces demand 0.6 AF per year. The Church is currently in the process of capping these wells and connecting the remaining buildings to City’s domestic water system. Two residential wells serve the Thomas and Castro properties located on Lone Oak Court. T he current demand of these two residences is unknown. Continued use of these residential wells for these two residences is allowed under the Specific Plan. If the two existing residential wells become defunct, new wells will be allowed for the existing residences. Any subdivision of the properties however will require these units and any new units to connect to the City’s potable water system. Based on the figures above, which were derived from Santa Clara Valley Water District annual well statements, the combined current well water demand for all existing agricultural uses is approximately 174 AF per year Agricultural uses include 83.25 acres of irrigated soil and previously included 50 acres of container trees on the Bonfante and Giacalone properti es. Therefore, the existing water demand use rate is approximately 1,165 gallons per day per acre (gpd/AC). The Specific Plan proposes 73 acres of Hecker Pass Agricultural land and 25 acres of Agricultural Commercial land for a total of 98 acres demand ing well water. Based on the current use rate, the projected well water demand for the Hecker Pass Specific Plan is approximately 114,170 gpd or 127.9 AF per year. 8.1.2 POTABLE WATER Potable water currently serves most of the existing residence and office s within the Specific Plan Area including the warehouse bathrooms on the South Valley National Bank/Raley’s Property, all the homes located on the Giacalone/Christopher property, Suner property, Castro property, Thomas property, and Hoey properties, the Go ldsmith Seeds offices, 2 of the buildings on the South Valley Community Church property, the Lutheran church and the homes on the north side of Hecker Pass Highway. The existing 24” main located in Hecker Pass Highway provides service to these facilities . A second 24” main is located in Santa Teresa Boulevard. The City of Gilroy General Plan cites sufficient water supply for the City’s planned growth, including the Hecker Pass Area. Since the General Plan anticipates and accommodates the development of Hecker Pass, no major impacts to the water supply system are expected. The City of Gilroy Water Department will supply potable water to the Specific Plan Area. Based on the water use rates identified in the City of Gilroy Water Master Plan , the projecte d average potable water demand is as shown in Table 8.1: Public Utiliti es 8 - 3 Final Hecker Pass Specific Plan August 2018 Table 8 - 1: Projected Average Potable Water Demand Land Use Units Use Rate Average Daily (gpd/unit) Demand (gpd) Residential 1855 people 180 333,900 Agri - tourist Commercial 17 acres 1000 17,000 Agricultural Commercial 25 acres 1000 25,000 Community Facility 18 acres 526 9,468 Total 385,368 Agricultural uses were not included in potable water demand projections since these areas will be supplied with water via existing wells. In addition, R ecreational Open Space was also excluded since these areas will be irrigated by recycled water. Recycled water demand for Recreational Open Space is discussed in Section 8.1.3. Water demands may also be lower than those projected above since it is antici pated that recycled water will be used to irrigate landscaping in Agri - tourist and Agricultural Commercial developments. Policy 8 - 2: All design and construction of the domestic water system shall conform to the City of Gilroy Water Master Plan and City standards. Future domestic potable water service for the Specific Plan Area will be provided by the use of existing water mains and the construction of on - site distribution lines. One possible configuration is shown in Figure 8 - 1. F i g u r e 8 - 1 : C o n c e p t u a l P o t a b l e W a t e r Note: The Hecker Pass Potable Water Plan is conceptual only. Actual alignments, locations and designs may vary, subject to City of Gilroy review. Public Utilities 8 - 4 Final Hecker Pass Specific Plan August 2018 New distribution lines will be sized to comply with the current City of Gilroy Water Mast er Plan . The distribution system will utilize existing domestic water facilities that are available at several points along the Specific Plan Area boundary. The basic water infrastructure may consist of a 12” Zone 1 line in Third Street, connecting to an existing 24” Zone 1 line in Santa Teresa Boulevard and an existing 24” Zone 1 line in Hecker Pass Highway (State Route 152); a 12” Zone 1 line that extends from the proposed Third Street line to the existing Hecker Pass Highway line along future Street B and maintenance road; and a new 8” Zone 1 line that extends from the Third Street line through the South Valley National Bank/Raley’s Property and loops back to Third Street, along the existing east - west portion of Two Oaks Lane. Additional lines will be installed as part of individual development project, including Zone 2 lines to serve future developments in the hillsides north of Hecker Pass Highway. Policy 8 - 3: The water distribution system for new development within the Specific Plan Area shall mee t fire flow and pressure requirements of the City Master Plan and Gilroy Fire Department and Engineering Division standards. Policy 8 - 4: Backflow preventers shall be installed at all connections to the City’s domestic water system including residential c onnections. 8.1.3 RECYCLED WATER Recycled water refers to wastewater that has been treated to produce water that is suitable for non - potable uses such as irrigation of landscaping, playgrounds, golf courses, parks, and some types of crops. Recycling water has become increasingly popular with water agencies throughout California as a method for water conservation by providing additional water supply. Recycled water is used in numerous areas throughout the City of Gilroy and has been incorporated into the Speci fic Plan . The City of Gilroy receives recycled water through the South County Regional Wastewater Authority. Wastewater is collected from the sanitary sewer system and treated at a recycling plant. According to the information provided at the “South Cou nty Regional Wastewater Authority and Santa Clara Valley Water District Recycled Water Partnership Site Supervisor Training Workshop”, April 28, 1999, there are three levels of treatment that wastewater must go through to become recycled water. The first process, primary treatment, removes organic and inorganic solids through screening and grit removal. Secondary treatment converts the remaining Biochemical Oxygen Demand (BOD), suspended solids and some dissolved solids to a form that will settle, which i s then separated from the water in a secondary clarifier. Secondary treatment removes 80 - 95% of the fine organic and inorganic solids that remain after primary treatment. The final process, tertiary treatment, filters the treated water through fine sand or other granular material to remove any remaining fine suspended solids and then disinfects the water through chlorination. Public Utiliti es 8 - 5 Final Hecker Pass Specific Plan August 2018 Recycled water is distributed through a separate distribution system than potable domestic water. Recycled water utilities alread y exist within the Specific Plan Area. A 16” line runs in Hecker Pass Highway and an additional 12” line extends from Eagle Ridge Golf Course south of Uvas Creek, northerly along the Vanni/Goldsmith Property line, and then west in Hecker Pass Highway. A major concern within the Specific Plan Area is the irrigation of agricultural open space and common open space areas. To ensure that agriculture is a viable use within the Specific Plan Area, water must be readily available for the irrigation of crops and other agricultural uses. Agriculture is usually reserved for unincorporated areas of the county and is therefore not required to use potable City water. Therefore, recycled water, has been provided as an additional potential resource for ensuring wat er availability for successful farming within the Specific Plan Area. Where practical, the City encourages the use of recycled water for agricultural uses. Recycled water should also be used to water the non - agricultural open space areas including publi c and private open spaces, landscaping in residential and commercial developments, public recreational open space areas, parks, playgrounds, playfields, school yards, roadway landscaping, decorative fountains or whenever practical. Although recycled water may be used to irrigate crops where practical, the following demand calculations assume that agricultural uses will continue to use well water for irrigation. Recreational open space is anticipated to use 1000 gpd/acre. Since the riparian corridor will remain in its natural state and only the 15 acres of linear park and the 3 - acre neighborhood park will be irrigated, it is anticipate that recreational open spaces in the Specific Plan Area will demand approximately 18,000 gpd of recycled water. Since the amount of landscaping in Agri - tourist and Agricultural Commercial developments cannot be determined until development of individual projects, it is assumed that the demand for recycled water will increase but the demand for potable water will decrease. Goal 8 - 2: Provide recycled water as an alternative to potable water for landscape irrigation and, where practical, crop irrigation throughout the Specific Plan Area. Policy 8 - 5: Where practical, recycled water should be used to irrigate landscaping wit hin the Specific Plan open space areas. The Hecker Pass Specific Plan has developed a preliminary schematic plan that specifically addresses the issue of recycled water as it directly relates to the development of the Specific Plan Area. The Conceptual R ecycled Water Plan is shown in Figure 8 - 2: Public Utilities 8 - 6 Final Hecker Pass Specific Plan August 2018 F i g u r e 8 - 2 : C o n c e p t u a l R e c y c l e d W a t e r Note: The Hecker Pass Recycled Water Plan is conceptual only. Actual alignments, locations and designs may vary, subject to City of Gilroy review. Recycled water servi ces within the site will be provided by the construction of on - site distribution lines connected to the existing mains in Hecker Pass Highway and the main that extends through the middle of the Specific Plan Area. The internal lines will be sized to compl y with the project demands for supplying recycled water to landscaping, parks, and agricultural and open space areas. Policy 8 - 6: The design of the recycled water system within the Specific Plan Area shall conform to the current South County Regional Wa ter Reuse Authority (SCRWRA) Plan. 8.2 STORM DRAINAGE According to the City of Gilroy Storm Drain Master Plan , May 1993, the City of Gilroy lies within two major watersheds, Uvas Creek and Llagas Creek, which run 26 miles and 22 miles long respectively. Bo th watersheds have their headwaters in the Santa Cruz Mountains and flow southeasterly across the Santa Clara Valley into the Pajaro River and eventually into Monterey Bay. Gilroy is located at the downstream end of these watersheds. Two reservoirs, the Uvas Reservoir and Chesbro Reservoir, regulate these watersheds. The Uvas Reservoir has a capacity of 10,000 acre - feet and the Chesbro Reservoir has a capacity of 8,000 acre - feet. Both dams were constructed for water supply rather than flood control; how ever, Uvas Reservoir does provide minor flood control. Public Utiliti es 8 - 7 Final Hecker Pass Specific Plan August 2018 The City of Gilroy storm drain system consists of a network of pipes and open space channels that ultimately drain into Llagas Creek, West Branch Llagas Creek, Lions Creek, North or South Morey Creeks , Ronan Channel, Miller Slough south of Highway 101, or Uvas Creek. Pipes are mostly reinforced concrete (RCP) but some are corrugated metal (CMP) and are usually relatively short due to their close proximity to channels or creeks. Intervening ditches an d open channels occur throughout the City, especially in the northwest quadrant where the Soil Conservation Service (SCS) and the Santa Clara Valley Water District (SCVWD) constructed numerous channels as part of the PL566 Channel and Levee Improvements to the West Branch of Llagas Creek and its tributaries. Retention and detention basins are located in Eagle Ridge, and Country Estates, and are required for some new developments. The Specific Plan Area is located within the Uvas Creek watershed and cont ains Uvas Creek along its southerly boundary. Large amounts of storm water flow from areas north of the Specific Plan Area into the hillsides north of Hecker Pass Highway, across Hecker Pass Highway, across the flat lands of the Specific Plan Area and int o Uvas Creek. Off - site drainage areas tributary to the Specific Plan Area were established using the USGS seven - and - one - half minute topographic maps. The drainage patterns are shown in Figure 8 - 3. F i g u r e 8 - 3 : P r e l i m i n a r y H y d r o l o g y Public Utilities 8 - 8 Final Hecker Pass Specific Plan August 2018 Generally all o ff - site flows come from the various hillside areas to the north of the Specific Plan Area. The drainage area is divided into 3 sub - basins. At several points, flows from these basins cross under Hecker Pass Highway via existing culverts and through the Sp ecific Plan Area ultimately discharging into Uvas Creek. Currently, the majority of the flows that cross Hecker Pass Highway do not have defined courses once they cross onto the southern portion of the site with the exception of drainage from the northwes t hillsides. Drainage from the northwest hillsides is conveyed to Uvas Creek through an existing channel adjacent to Two Oaks Lane after it crosses Hecker Pass Highway. The Hecker Pass Specific Plan Area has developed a preliminary schematic storm drai nage plan that specifically addresses the issue of storm drainage as it directly relates to the regional hydrology. This plan, as shown in Figure 8 - 4, is based on the findings of the Hecker Pass Specific Plan Preliminary Hydrology and Hydraulics Report an d Calculations prepared by RJA for the Specific Plan Area and the letter prepared by Schaaf and Wheeler regarding Hydrology and Drainage for Hecker Pass Specific Plan, Program EIR . F i g u r e 8 - 4 : C o n c e p t u a l S t o r m D r a i n a g e Note: The Hecker Pass Storm Drain age Plan is conceptual only. Actual alignments, locations and designs may vary, subject to City of Gilroy review. Public Utiliti es 8 - 9 Final Hecker Pass Specific Plan August 2018 The storm water collection system for the Specific Plan Area will primarily consist of natural drainage ways and vegetated drainage sw ales (bio - filters) within the right - of - way of proposed streets. Natural drainage ways, including the channel adjacent to Two Oaks Lane and in the hillsides north of Hecker Pass Highway, will continue to be utilized and will be preserved and enhanced to th e greatest extent possible. New on - site swales will be utilized throughout the Specific Plan Area to collect and convey local storm water. Once the capacity of these swales is reached, additional storm water will flow into inlets that connect to undergro und piping systems in the streets. Primary storm drain pipes will be located in portions of Third Street as shown in Figure 8 - 4. The new storm drains and swales will convey the Specific Plan Area’s storm water as well as tributary drainages to up to thr ee detention/pretreatment basins unless the City for Gilroy determines more basins are needed. Basins shall be sufficient to meet the criteria set forth by the City of Gilroy and the Santa Clara Valley Water District’s Hydrology Unit. Due to hydraulic gr ade constraints, the residential development on the South Valley Community Church site will be required to provide on - site detention for the residential development, which will ultimately connect to the existing storm drain outfall constructed by the adjac ent Village Green project. According to Schaaf and Wheeler’s letter, detention facilities must provide storage for 2.4 acre - feet, the difference between the existing and post - development 24 - hour run - off volume. An additional 25% of the total basin volume s hould be added to each basin for freeboard. These basins will prevent an increase in the 10 - year and 100 - year peak discharges from the Specific Plan Area. Detention facilities should be designed to incorporate best management practices (BMP’s) for storm water pollution (see Section 8.2.1 and sections 7.4.4 for additional information on BMP’s and vegetated swales). Policy 8 - 7: Stormwater detention shall be designed to mitigate an increase in the 10 - year and 100 - year peak discharge for the project area, as determined by permitting agencies. Once the storm water has been pretreated within the swales and detention basins, the drainage will then be release through outfall and/or weir structures into the Uvas Creek channel. Outlet pipes and/or weirs should be designed to allow the 2.4 - acre storage volume to be drained within 24 - hours, prior to the next storm event. The outlets and weirs shall be designed so that storm water released into Uvas Creek does not exceed the existing 10 - year peak discharge. Exis ting outfalls will be improved and utilized to the greatest extent possible to reduce the need for new outfalls and reduce impacts to Uvas Creek. All improvements to existing outfall structures and the construction of new outfall structures will be subjec t to the review and approval of the City of Gilroy, Santa Clara Valley Water District, the California Department of Fish and Game and possibly the United States Army Corp of Engineers. Policy 8 - 8: Preserve water quality by implementing the latest Best M anagement Practices (BMPs) for storm drainage into the design and construction of the Specific Plan Area and detention facilities. Public Utilities 8 - 10 Final Hecker Pass Specific Plan August 2018 Policy 8 - 9: Use the existing channels where possible on site as a primary means for conveyance of pre - treated storm water ba sed on biological studies for individual projects. Policy 8 - 10: Limit the destruction of existing habitats caused by flow changes, channel erosion, and channel improvements. Policy 8 - 11: Ensure that all storm drain flows entering Uvas Creek from the S pecific Plan Area coincide with the current City of Gilroy Storm Drain Master Plan and the Uvas Creek Drainage Standards. 8.2.1 BEST MANAGEMENT PRAC TICES Storm water pollution, also known as non - point source pollution, results from rainwater washing pollutant s from roadways, sediment from erosion, herbicides and pesticides from landscaped areas, and other pollutants into storm drain systems. These pollutants are a major concern because they often discharge untreated storm water into creeks and eventually the ocean, posing serious health risks to the environment, animals, and humans. The Federal Clean Water Act requires all local municipalities to implement measures to control pollution from rainwater runoff. Sensitive site planning and the implementation of design elements can greatly reduce the level of non - point source pollution by reducing the volume of runoff, increasing infiltration and treating runoff on - site. The following guidelines are intended to identify measures that will help maintain the quanti ty and quality of storm water runoff from the Hecker Pass Area at pre - development levels. Goal 8 - 3: Maintain pre - development levels of storm water runoff and provide pretreatment methods to reduce the amount of pollutants entering the storm drain system . The Hecker Pass Specific Plan minimizes the volume of runoff and maximizes infiltration by designating approximately 69% of the entire Specific Plan Area as undeveloped open space. By maintaining large areas of permeable surfaces, much of the rainwater is absorbed into the soil where many toxins and pollutants are broken - down and extracted from the water before it reenters the water table. To further reduce the amount of runoff and increase infiltration, developed areas should minimize the amount of ha rdscape or impervious surfaces and use alternative materials such as raised wooden decks, gravel or rock pavement, special perforated paving systems, or unmortared brick, stone or tile in areas that normally utilize impervious pavement materials (See Secti ons 7.2.3, 7.3.4 and 7.4.9). Goal 8 - 4: Minimize the amount of impervious surfaces within the Specific Plan Area. Public Utiliti es 8 - 11 Final Hecker Pass Specific Plan August 2018 Policy 8 - 12: Whenever feasible, developments should use impervious materials to decrease the amount of storm water runoff and increase infiltration for groundwater recharge. Large impervious surfaces such as parking lots, driveways, and streets, should be buffered from the storm drain system by landscaping, grassy swales, or other permeable surfaces to provide absorption and pretreatmen t of storm water before entering the storm drain system. Impervious surface areas should not be directly connected to the storm drain system as this is the greatest contributor to storm water pollution. Policy 8 - 13: All rural roads and driveways shal l utilize vegetated swales for infiltration and biologic uptake of pollutants whenever possible. Concrete gutters for roads and driveways are only permitted within residential clusters or on rural roads when vegetated swales are not feasible. Policy 8 - 14 : Break up expansive paved parking areas and patios with landscaped areas. Policy 8 - 15: Incorporate vegetated swales around parking areas to provide pretreatment of storm water runoff before entering the storm drain system. Policy 8 - 16: Rooftops sh ould be designed to drain as much rainwater as possible into areas with permeable surfaces. This may be achieved by providing downspouts that direct water to appropriate areas. Policy 8 - 17: Prior to issuance of grading or building permits, individual p roject applicants shall obtain a National Pollution Discharge Elimination System Program General Construction Permit, as required by the Federal Clean Water Act. Developers shall comply with all provisions of this permit including the use of best manageme nt practices and preparation of and compliance with a Storm Water Pollution Prevention Plan required as part of the permit process. Verification of the permit shall be made by the City of Gilroy Engineering Division. Small shallow detention ponds and sha llow recreation field detention basins may be incorporated into common open space areas to provide pretreatment and absorption. Pretreatment ponds provide aesthetic features when full and may serve as small playfields during the dry months. Public Utilities 8 - 12 Final Hecker Pass Specific Plan August 2018 Grading in hi llsides should be minimized to the greatest extent possible and the creation of steeper slopes should be avoided. These activities increase the velocity of runoff so that absorption into the soil cannot be achieved. Steeper slopes also cause increased er osion of top soils, resulting in siltation, which clog storm drain inlets and cause flooding. 8.3 SANITARY SEWER According to the City of Gilroy Sewer Master Plan , May 1993, the existing City of Gilroy sanitary sewer system consists of 6” clay pipes in alley s and easements downtown, newer 8” pipes in street and cul - de - sacs throughout the rest of the City, and a network of 10” or greater trunk lines flowing in a west to east direction. The trunk lines discharge into an interceptor sewer line on the west side of Highway 101 and then flows travel to the Gilroy/Morgan Hill Treatment Plant. A second 33” interceptor line carries wastewater from northern portions of Gilroy and southern portions of Morgan Hill to the treatment plant. Both cities share the use of th is line through a contractual agreement. The City of Gilroy provides wastewater collection and South County Regional Wastewater Authority provides treatment to the City of Gilroy. The Hecker Pass project area is completely within the service area of the City of Gilroy and treatment capacity has been included in the long - term treatment plant planning to serve the project. The City of Gilroy Sewer Master Plan divides the existing City into 87 subareas, ranging from 21 to 542 acres, and future service areas into 8 subareas, ranging from 215 to 726 acres. Subareas refer to “hydraulically isolated areas that are used to define the amount of wastewater loading into a single point on the trunk sewer”. The Specific Plan Area lies within subareas 500 - 201, 500 - 21 9, 500 - 237, and 340 - 047. The majority of the Specific Plan Area is within subarea 500 - 201. Lands west of Two Oaks Lane and south of Hecker Pass Highway lie within subarea 500 - 219. A small portion of the Hoey lands north of Hecker Pass Highway and the Mu nicipal Golf Course, lie within subarea 500 - 237. Finally, some of the existing homes north of Hecker Pass Highway, near the intersection of Hecker Pass Highway and Santa Teresa Boulevard are in subarea 340 - 047. The Specific Plan Area already contains si gnificant sanitary sewer infrastructure. A large sewer trunk main that was installed as part of the Country Estates project in 1989 passes through the Specific Plan Area. The trunk main extends from the Country Estates project, down Burchell Road across Hecker Pass Highway, follows the north bank of Uvas Creek, crosses Santa Teresa Boulevard and continues in existing Third Street. The main ranges from 18” in Burchell, 24” through the Specific Plan Area and 12” in existing Third Street. The main was size d to accommodate future development in and adjacent to the Hecker Pass Specific Plan Area. The trunk line was sized for over 1200 connections and oversized by approximately 50% to provide additional capacity if required. Based on the existing and anticip ated number of sewer connections in and around the Specific Plan Area, there is adequate capacity in the existing trunk line to serve the Specific Plan Area. Public Utiliti es 8 - 13 Final Hecker Pass Specific Plan August 2018 Table 8 - 2 demonstrates the estimated demand generated by the proposed uses within the Specific Plan Area: Table 8 - 2: Projected Average Sanitary Sewer Demand Unit Use Rate Average flow Land Use (gpd) (gpd) Residential 1855 people 70 129,850 Community Facilities 630 people 3.6 2,268 Agri - tourist Commercial 17 AC 300 5,100 Agricultural Commerc ial 25 AC 300 7,500 Total 144,718 The Hecker Pass Specific Plan has developed a schematic sanitary sewer facilities plan for future development in the Specific Plan Area as shown in Figure 8 - 5. F i g u r e 8 - 5 : C o n c e p t u a l S a n i t a r y S e w e r Note: The Hec ker Pass Sanitary Sewer Plan is conceptual only. Actual alignments, locations and designs may vary, subject to City of Gilroy review. The Sanitary Sewer plan shall conform to the City of Gilroy Sanitary Sewer Master Plan and establishes policies to facil itate the design and construction of a quality system that will meet the demands of the Specific Plan Area. All new sewer facilities from within the Specific Plan Area flow south and connect to the existing 18” - 24” trunk line that currently parallels Uvas Creek. The largest of these mains is the sewer main that will extend up the western portion of Third Street and across Hecker Pass Highway to provide service to development north of Hecker Pass Highway and portions of Country Estates. Existing downstrea m sanitary sewers that may require future upgrades or replacements are identified in the City of Gilroy Sanitary Sewer Master Plan . Future development will be required to conform to the City of Gilroy Sanitary Sewer Master Plan . Public Utilities 8 - 14 Final Hecker Pass Specific Plan August 2018 Policy 8 - 18: Design and construction of the sanitary sewer system shall conform to the City of Gilroy Sanitary Sewer Master Plan and City standards. 8.4 SOLID WASTE According to the City of Gilroy’s Environmental Program Coordinator, the average person in Gilroy generates 2 pou nds of solid waste per day. Based on a 3.5 household size and 530 units, the Specific Plan would generate 3,710 pounds of waste per day or approximately 677 tons of solid waste per year. Based on current experience in the City, about half of this waste, 338.5 tons, will be sent to the landfill while the other half is diverted to recycling. The current solid waste disposal service provider for the City of Gilroy is South Valley Disposal and Recycling (SVDR). The contract with SVDR is valid until 2013. S VDR disposes of solid waste at the Pacheco Pass landfill located at 3675 Pacheco Pass Road, east of the Gilroy City limits. This landfill is operated by Norcal Waste Systems, Inc., the parent company of SVDR. The Pacheco Pass Landfill is expected to reach capacity in 2007. No negotiations have been started to determine new locations for disposal of the City’s solid waste. South Valley Disposal and Recycling (SVDR) currently offers curbside residential and commercial recycling in the City of Gilroy. Recy clable items collected at curbside are sent to the San Martin Transfer Station, which is also operated by SVDR. From San Martin, recyclable items are transported to the Recyclery, a material recovery facility (MRF) operated by BFI Waste Systems in San Jos e. Recyclables are decontaminated and transferred to market. Recycling diverts half of all the solid waste generated by the City of Gilroy away from the Pacheco Pass Landfill to other uses. 8.5 GAS, ELECTRIC AND CA BLE TELEVISION Joint trench utilities with in the public right of way will include new underground telephone, gas, electric, and cable television utilities to all new development in the Hecker Pass Area. Verizon currently provides telephone service, PG&E provides gas and electricity, and Charter C able provides cable television service to the City of Gilroy. All future infrastructure needed to support these services shall be placed underground wherever feasible. The exact location and configuration of the infrastructure necessary for proposed deve lopment will be determined at the time of development. Applicants will be required to obtain “will serve” letters from all of the applicable utility companies and submit them to the City of Gilroy Engineering Department prior to the approval of improvemen t plans and final maps. Although the project is not required to underground all existing overhead utility lines along the north side of Hecker Pass Highway (Hecker Pass Specific Plan frontage), the project will be undergrounding existing overhead utility lines affected by the Hecker Pass Highway/Autumn Drive roundabout. Policy 8 - 19: All future infrastructure and transmission lines for gas, electricity and cable television shall be placed underground to the greatest extent possible. Public Utiliti es 8 - 15 Final Hecker Pass Specific Plan August 2018 [This Page Intentionally left Blank] Public Utilities 8 - 16 Final Hecker Pass Specific Plan August 2018 9 IMPLEMENTATION & FINANCING 9.1 INTRODUCTION The implementation section of this chapter addresses the procedures for administering the Specific Plan and associated procedures for California Environmental Quality Act (CEQA) compliance. This chapter also addre sses the phasing of improvements for the entire Specific Plan Area as well as methods for financing the improvements. The Hecker Pass Specific Plan will be implemented through the development approval process and construction of individual projects within the Specific Plan Area. Although several financing mechanisms are available to developers of properties in the Specific Plan Area, it is anticipated that improvements will be constructed primarily with developer direct financing and partially with develo pment impact fee reimbursements. More detailed information on specific plan financing is included in Section 9.4 of this chapter. 9.2 SUMMARY OF THE IMPLE MENTATION PROCESSES The following implementation outline summarizes the key steps that have occurred an d those that should generally be followed by the City and developers to ensure the effective and orderly implementation of the Hecker Pass Specific Plan . Certify the General Plan Update EIR and adopt the 2002 - 2020 General Plan . Award Residential Developm ent Allocations under the 2001 RDO competition. Certify the Hecker Pass Specific Plan EIR and adopt the Hecker Pass Specific Plan Approve the General Plan Amendments related to the Specific Plan . Amend the Zoning Ordinance to designate the Hecker Pass A rea as “Hecker Pass Special Use District \ Planned Unit Development (HPSUD \ PUD)” consistent with the Hecker Pass Specific Plan . Property owners/developers should execute private development agreements for RDO administration, right - of way dedications, easeme nts, and infrastructure financing. Execute the Hecker Pass Planned Residential Community RDO Performance Agreement. Review and approve Tentative Subdivision Maps for individual developments (if required). Implementation & Financing 9 - 1 Final Hecker Pass Specific Plan August 2018 Review and approve Planned Unit Development Arch itecture and Site Approval requests for individual developments. Review and approve improvement plans, grading plans and final subdivision maps for individual developments. 9.3 ELEMENTS OF THE IMPL EMENTATION PROCESS General Plan EIR Certification and Gener al Plan Approval – The 2002 - 2020 Gilroy General Plan was adopted by City Council on June 13, 2002 together with the Certification of the General Plan EIR . The 2002 - 2020 Gilroy General Plan establishes the goals, policies and land use designations necessar y to formulate the Hecker Pass Specific Plan . With the creation of the “Hecker Pass Special Use District” land use designation, the City mandated the preparation of a specific plan for the Hecker Pass Area. The General Plan goals and policies related to Hecker Pass establish the framework for the Specific Plan . 2001 Residential Development Ordinance (RDO) Competition - To ensure the comprehensive planning of the Hecker Pass Area and the systematic phasing of infrastructure, the City Council Awarded 427 R DO’s over a 6 - year period from 2007 - 2012. Private Development Agreements - Participating property owners within the Specific Plan Area will enter into a private development agreement to establish the administration and distribution of RDO allocations as well as the terms and conditions for their use in the Specific Plan and to insure predictable and equitable allocation of costs of basic and shared infrastructure, reimbursements of improvement costs benefiting other properties, and provisions for reciproc al and mutually benefiting right - of - way dedications and grants of easements for public and private infrastructure. Specific Plan EIR Certification – The Hecker Pass Specific Plan EIR was certified on January 18, 2005 by the City Council. The project E IR analyzed potential environmental impacts and established mitigation measures for the Specific Plan . Specific Plan Adoption – After review and consideration of the Hecker Pass Specific Plan , its goals, policies and standards, and its conformance with th e goals and policies of the General Plan , the City Council adopted the Hecker Pass Specific Plan on January 18, 2005. RDO Performance Agreement – After allocation of RDO’s and approval of the Specific Plan , the City of Gilroy and the Hecker Pass property owners group will execute an RDO Performance Agreement for the Hecker Pass Planned Rural Community . The agreement will specify the number of allocations and the years in which they are to be used. Rezoning – In order to implement the goals and policies of the Hecker Pass Specific Plan , the City approved a rezoning request for the entire Specific Plan Area on February 7, 2005. The rezoning changed the Specific Plan Area to “Hecker Pass Special Use District/Planned Unit Development (HPSUD \ PUD)”. Subseque nt PUD and Architecture and Site rezonings may be required for individual projects. Other developments may only require Architecture and Site approval. All development requests must be consistent with the Specific Plan . Implementation & Financing 9 - 2 Final Hecker Pass Specific Plan August 2018 Tentative Subdivision Map – Any development proposals requiring division of property will require the filing of a tentative map and review and approval of the City. Tentative maps must be consistent with the goals, policies and standards set forth in the Specific Plan . All subdivisions within the Hecker Pass Special Use District will be governed by the State Subdivision Map Act (Government Code Sections 66410 - 66499.58) as well as City standards and policies not included in the Specific Plan . Architecture and Site Approval (ASA) – All A rchitecture and Site approvals shall be consistent with the goals and policies of the Specific Plan and shall implement the Community Design Guidelines set forth in the Specific Plan . Architectural and Site Approval shall be required for all development wi thin the Hecker Pass Area and shall be subject to review and approval of the City staff, Planning Commission and City Council. Applications shall provide a site development plan, architectural design drawings, landscaping plans and any other information d eemed necessary by the Planning Division. Conditional Use Permit - Conditional uses under each of the land use categories within the Hecker Pass Specific Plan Area shall submit an application to the City of Gilroy for review by City staff and the Planni ng Commission. The Planning Commission shall review and discuss the application and approve the issuance of the Conditional Use Permit if the proposed use is located appropriately within the context of the Specific Plan , the community as a whole, adjacent uses, the surrounding circulation pattern, and nearby service facilities. Approval shall also be contingent upon the proposed use complying with all of the required conditions of that use. Conditional uses that adversely affect neighboring properties or that may cause nuisance to any person or property shall not be approved. Improvement Plans – In order to construct improvements required for the implementation of the Specific Plan , developers must submit improvement plans for City review and approval. Improvement plans should include detailed engineered grading, street improvement and utilities plans that meet City requirements. Improvement plans should include infrastructure phasing plans when multiple phases are proposed or when “off - site” improvemen ts are required. All improvement plans shall comply with the requirements of the Specific Plan and other City standards not included in the Specific Plan . Final Subdivision Maps – All projects with approved tentative maps must submit final subdivision map s to the City Engineer for review and approval. Final maps must be consistent with the tentative map, must include all information required by the Gilroy City Code sections 21.42 - 21.92, and will be governed by the Subdivision Map Act (Government Code Sect ions 66410 - 66499.58). Once submitted, all City departments shall report in writing to the City Engineer whether the final map is in compliance or noncompliance with the laws of that department and shall provide a statement of changes necessary to comply w ith such laws. If required, after checking the map for completeness, correctness, and compliance with the tentative map, the City Engineer will present the map to the City Council for approval. Once approved, the developer shall submit the map to the Cou nty Surveyor or County Engineer for recording. The final map must be submitted and recorded within 60 days after all required signatures have been obtained or the map must be returned Implementation & Financing 9 - 3 Final Hecker Pass Specific Plan August 2018 to the City Engineer and retained by the City Engineer until the develo per is ready to record the map immediately. Final maps must be recorded prior to the expiration of the tentative map or “the developer will be required to start the tentative map process again, the final map may be declared null and void and the develope r may be required to prepare a new map.” (Gilroy City Code, Sec. 21.51.1, 272). 9.4 FINANCING – INTRODUCTION The financing section of this chapter is designed to provide flexibility for developments within a well - defined framework of cost allocations and f unding mechanisms. The financing section identifies the basic infrastructure required to sustain the proposed uses within the Specific Plan Area and the costs allocated to the individual properties (basic infrastructure costs). This approach will allow f or financial planning of phased development and cost reimbursement between property owners for shared improvements. Although some infrastructure costs may be reimbursable by the City, the majority of costs will be borne by private developers. Participati ng property owners within the Specific Plan Area will enter into a private development agreement to ensure predictable and equitable allocation of costs of basic infrastructure and reimbursements of improvement costs benefiting other properties. This chap ter establishes policies and procedures that will allow the phasing of development and flexibility of financing mechanisms for property developers. 9.5 FINANCING OVERVIEW The Specific Plan provides for the incremental improvement of infrastructure required t o serve new development in the Specific Plan Area. The improvements will generally be phased to serve the minimum number of dwelling units required to fund the basic infrastructure for the Specific Plan Area. A number of financing mechanisms may be used to fund basic infrastructure required for the Specific Plan . The ultimate type of financing mechanisms will be determined by property developers based on final technical analyses of costs, financing requirements, duration of funding, reimbursement require ments, absorption rates and market strategies. This section describes the key features of the funding mechanisms available to Specific Plan Area developers. The mechanisms discussed in this section fall into four distinct categories: Cost sharing of pri vately funded infrastructure; Citywide Sources - Impact Fees, Connection Fees; Assessment and Special Tax Secured Financing - Special Assessment Districts, Mello - Roos Community Facilities Districts, Landscape and Lighting Maintenance Districts (See Section 9.7); and Area - Specific Fees, Dedications and Exactions - Area of Benefit Fees, Development Impact Fees, Dedications and Exactions. Implementation & Financing 9 - 4 Final Hecker Pass Specific Plan August 2018 As discussed earlier in this chapter, it is likely that most improvements will be directly financed by developers of the pr operties through a variety of mechanisms including: Cost allocations or assessments for basic infrastructure benefiting all participating properties; Proportionate cost sharing for mutually benefiting adjacent properties; and Project direct costs associat ed with individual projects. In order to facilitate these financing mechanisms, participating property owners will enter into a private development agreement to ensure the equitable allocation and reimbursement of costs for basic infrastructure. Basi c Infrastructure Costs - Basic infrastructure consists of those improvements that directly benefit all of the participating Specific Plan Area properties. Portions of the basic infrastructure will be constructed as each phase of the Specific Plan Area is developed. Costs for the improvements will be allocated to each development based on the types of proposed land uses and the intensity. In order to equitably distribute the improvement costs, the Specific Plan establishes a methodology for weighing diffe rent land uses and associated costs. Each type of land use was evaluated based upon demand and use factors for various types of infrastructure including trip generation rates, storm drainage, sanitary sewer demands, and water consumption and irrigation re quirements. Based upon these weighted land use factors, each type of dwelling unit was allocated a “unit cost” proportionate to its “use/demand” factor. For commercial land uses, an equivalent unit per acre cost was established. Cost burdens on some of the proposed commercial uses suggest that these land uses may not be able to bear their fair share of the basic infrastructure costs. The relatively high cost burdens on commercial uses result largely from the significant allocation of roadway and utiliti es costs to these uses. Even though the use/demand factors for the higher intensity commercial uses and residential uses are roughly comparable, the majority of the allowable commercial uses have much lower use/demand factors. Because the Specific Plan r equires a relatively high amount of infrastructure compared to the low overall density, the commercial uses would have to bear higher improvement costs than comparable urban commercial uses. Additionally, Agri - tourist and Agricultural Commercial uses in t he Specific Plan Area must not exceed 25% building coverage (10% within the Agri - tourist overlay designation) resulting in a minimum of 75% non - structural area (90% in the Agri - tourist overlay designation), thus increasing the relative cost of improvements . Compounding this situation is the relatively high risk and failure rate for tourism dependent businesses in uncertain markets. Since the Agriculture Commercial and Agri - Tourist Commercial uses are key components for implementing the goals of the Gener al Plan , it is desirable to create special provisions to compensate for the cost burdens on the commercial uses. Based on the use/demand factors for all permitted commercial uses in the Specific Plan Area, Equivalent Cost Units (ECU’s) ranged generall y from 5 to 7 units per acre depending on the type of use. To compensate for the infrastructure cost burden on commercial and quasi - public uses, the ECU rate was set at 3 ECU per acre on commercial uses and 1.5 ECU per acre on quasi - Implementation & Financing 9 - 5 Final Hecker Pass Specific Plan August 2018 public uses. The resi dual infrastructure costs for the commercial uses and quasi - public uses are shifted to the residential uses. Residential uses are considered able to absorb the additional infrastructure costs since residential use accounts for nearly 95% of the equivalent units in the Specific Plan Area. Simply put, residential uses within the Specific Plan Area are expected to subsidize the commercial uses in order to maximize their potential feasibility. The total basic infrastructure cost for the Specific Plan is appr oximately $10 - 12 million. These costs are in addition to those typically borne by projects of the size and magnitude of the Hecker Pass Specific Plan . The Hecker Pass Specific Pla n offers substantial amenities and improvements of value to the City of G ilroy including: Abundant open space areas that include a combination of natural open space, agricultural areas, Uvas Creek Park Preserve, private open space, , and private open space with public access; An extensive trail system for walking and bicycling ; Comprehensive architectural and site design guidelines; Specially designed street sections that are not only sensitive to the rural character of the area, but provide separated pathways that are pedestrian and bicycle friendly; A mixture of housing types that encourage a diverse community; A newly created Agri - Tourist Commercial land use designation that will add to the rural feel of the area and attract tourists; A recycled water distribution system; and A safer access point to the Municipal Gilroy Golf Course. Shared Improvement Costs - Shared improvements are those that directly benefit adjacent properties. An example of shared improvements would be a roadway together with its associated trails and utilities that runs between two properties. Each ben efiting property would pay its proportionate share of costs based upon property frontage or some other equitable factor. Should one property develop before other benefiting properties, the provider of shared infrastructure will be entitled to reimbursemen t of costs. Project Direct Costs – Project direct costs are those required for development of individual projects, financed directly by the project developer and not subject to reimbursement by other properties. 9.6 SPECIFIC PLAN PHASIN G Phasing of the Heck er Pass Specific Plan must be carefully coordinated to not only ensure a comprehensive and efficient build - out, but to also allow for the financially feasible sequencing of infrastructure improvements. Compared to other areas in Gilroy, the Hecker Pass Ar ea will require more infrastructure per residential unit or commercial acre due to the relatively low density and intensity of uses. Additionally, because the various uses in the Specific Plan Area are separated by large open spaces and spread out over su ch a large area, longer stretches of Implementation & Financing 9 - 6 Final Hecker Pass Specific Plan August 2018 infrastructure are required to reach each use. In order to provide adequate traffic circulation and public utilities for future uses, improvement phasing will require the bulk of the infrastructure to be constructed wi th the initial phases of development (see Figure 9 - 1 and Figure 9 - 2 - Conceptual Development Phasing Plan). F i g u r e 9 - 1 : B a s i c I n f r a s t r u c t u r e P h a s i n g Note: The Hecker Pass Basic Infrastructure Phasing Plan is conceptual only. Actual alignments, inte rsection locations and designs may vary, subject to City of Gilroy and Caltrans review. The purpose of the Conceptual Phasing Plan is to identify the major development components and the likely sequencing of improvements. The sequencing of improvements w ill be largely based on the improvement schedule of RDO allocations. Other factors influencing project phasing are market conditions, timing requirements for individual projects, financial considerations, and regulatory agency constraints. Because of the many factors affecting project phasing, the Conceptual Phasing Plan should be implemented within the context of the Specific Plan Private Development Agreement and through the filing of tentative maps for individual projects. Implementation & Financing 9 - 7 Final Hecker Pass Specific Plan August 2018 [This Page Int entionally left blank] Implementation & Financing 9 - 8 Final Hecker Pass Specific Plan August 2018 [This Page Intentionally left blank] Implementation & Financing 9 - 10 Final Hecker Pass Specific Plan August 2018 9.7 ON - GOING MAINTENANCE As the Hecker Pass Specific Plan Area is developed, a master homeowners association for the area, landscape lighting and maintenance district, community service district, or other such entity will assume maintenance. If a maintenance district is established and is later voted out by its membership, it is the responsibility of the property o wners to establish a new maintenance entity, such as an HOA, to continue maintenance in the Specific Plan Area. The maintenance entity shall be formed with the completion of the first development project. Subsequent development projects will be added to the association in concurrence with occupation of residential units. In addition to the master association, each development will have an individual homeowners association that is responsible for the project open space for that individual project. The m aster maintenance entity may be responsible for coordinating the individual homeowners associations, leasing agricultural properties to agricultural operators, maintaining any unleased agricultural lands and any common open spaces that serve the entire Spe cific Plan Area, and mediating any conflicts between residents, commercial uses, and agricultural operations. The maintenance entity will adopt a set of Covenant, Conditions and Restrictions that are in conformance with the Specific Plan and include an In tegrated Agricultural Management Plan (See Section 5.2.1.3). The maintenance entity will be responsible for maintaining landscape strips, medians, and roundabouts in public roadways. The adjacent property owner will maintain all other landscaping, except for landscaping in publicly owned lands. All private open space areas, agricultural areas, private trails, as well as landscaping, fencing, structure or other design features associated with these areas will be maintained by the adjacent property owner, the property lessee or the maintenance entity. Street signs, street lights and street furniture within public right - of - ways and publicly owned lands designed specifically for the Specific Plan Area will be designed at the time of development with the cons ultation of City staff to determine what may reasonably be maintained by the City versus the maintenance entity. 9.8 MITIGATION AND MONIT ORING PROGRAM POLICI ES 9.8.1 INTRODUCTION CEQA Guidelines section 15097 requires public agencies to adopt reporting or monitor ing 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 ensu re 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 doc uments 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. Implementation & Financing 9 - 11 Final Hecker Pass Specific Plan August 2018 A definitive set of proj ect 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 pro ject appr oval are implemented. 9.8.2 MONITORING PROGRAM The basis for this monitoring program is the mitigation measures included in the project environmental impact report. 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 proponents of the Hecker Pass Specific Plan (HPSP) are required to complete. The attached checklist is proposed for monitoring the implem entation of the mitigation measures. This monitoring checklist contains all appropriate mitigation measures in the environmental impact report. The monitoring checklist is divided into two sections. The first section includes mitigation measures for the HPSP related actions. Mitigations for the HPSP consist largely of requirements to include new policies in the HPSP with which subsequent individual projects must be consistent. 9.8.3 MONITORING PROGRAM P ROCEDURES The City of Gilroy shall use the attached mon itoring checklist for the Hecker Pass Specific Plan project. The monitoring program sh ould be implemented as follows. 1. 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 cop y 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 Commu nity 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 Implementation & Financing 9 - 12 Final Hecker Pass Specific Plan August 2018 4. If a responsible individual or agency determines that a non - compliance has occurred, a written notice should be delivered by certified mail pro ponent within 10 days, with a copy to the Community Development describing the non - compliance and requiring compliance within a specified period of time. If non - compliance still exists at the expiration of the specified perio time, constru ction may be halted and fines may be imposed at the discretion o City of Gilroy. 9.8.4 HECKER PASS SPECIFIC PLAN MITIGATION MONI TORING CHECKLIST The following mitigations shall be incorporated as policies in the HPSP prior to discretionary approval of any e ntitlements for projects within the specific plan area. The applicant shall be responsible for implementing the mitigations by incorporating them into the HPSP. The Gilroy Planning Division shall be responsible for monitoring and reviewing the HPSP to en sure that the mitigations have been incorporated into it. 4. Individual project applicants shall specify in project plans the implementation of the following dust control measures during grading and construction activities for any proposed development. Th e 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 are as 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 r oads, 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 stockpi les (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; Implementation & Financing 9 - 13 Final Hecker Pass Specific Plan August 2018 • 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 • Limit the area subject to excavation, grading and ot her construction activity at any one time. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 5. A qualified biologist shall survey the grassland area located to the north of the Hecker Pass Highway pl anned for residential development for potential aestivation habitat. If the area is determined to be aestivation habitat for the California tiger salamander, the biologist shall consult with the California Department of Fish and Game and the U.S. Fish and Wildlife Service regarding mitigation and permit requirements that must be incorporated as conditions of project approval. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 6. All future development within the specific plan area shall implement the following conditions to minimize disturbance to potentially significant cultural resources. Each of the following shall be made a condition of approval for grading and Building Permits: a. Developers of e ach project within the specific plan area shall contract with a qualified archaeologist to provide an archeological site assessment to determine the need for monitoring during grading and excavation activities. b. If cultural resources or human remains are discovered during construction, work shall be halted at a minimum of 165 feet (50 meters) from the find and the area shall be staked off. The monitoring professional archaeologist, if one is on site, shall be notified. If a monitoring professional archae ologist is not on - site, the city shall be notified immediately and a qualified professional archaeologist shall be retained. 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: Applicant Implementation & Financing 9 - 14 Final Hecker Pass Specific Plan August 2018 Party responsible for monitoring: Gilroy Planning Division 9. Prior to development of any property within the specific plan area, a Phase 1 Environmental Site Asse ssment shall be prepared in accordance with ASTM Standard(s) to identify whether past or existing uses of the project property may have adversely affected soil or groundwater, or would otherwise pose a health hazard during site development or habitation. If the Phase I assessment finds that past uses may have contaminated the site, a Phase 2 Site Assessment shall be prepared. If contamination is present, clean up and disposal of such contamination shall be in compliance with federal, state and local regul ations governing the cleanup and disposal of hazardous waste. Results of the Phase 1 and, if needed, the Phase 2 assessment and cleanup shall be presented to and approved by the City of Gilroy Engineering Division prior to issuance of a Building Permit. P arty responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 10. Any development (i.e. public recreational facilities) with foundations or support on the ground that is located within 50 feet (or the distance in e ffect at the time of application) of the Uvas Creek top of bank shall conform to requirements of the Santa Clara Valley Water District. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 11. All nois e 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: Applicant Party responsible for monitoring: Gilroy Planning Division 20. Applicants for in dividual projects within the specific plan area shall contribute traffic impact fees for future cumulative circulation improvements consistent with the requirements of the City of Gilroy citywide traffic impact fee ordinance. Fees shall be paid to the cit y prior to issuance of development permits. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division Implementation & Financing 9 - 15 Final Hecker Pass Specific Plan August 2018 22. Storm water detention shall be designed to prevent an increase in the 2 - year, 10 - year and 100 - ye ar peak discharge for the project area (refinement of existing HPSP policy 8 - 6) Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 23. Hecker Pass Specific Plan EIR Table S1, Summary of Impacts a nd Mitigation Measures. The area of concern, Agriculture, will be modified to state: “HPSP Public Safety (Agricultural Management) Policies 5 - 93 through 5 - 97; Policy 5 - 7: “To ensure the preservation of designated agricultural areas in perpetuity, permane nt agricultural easements, deed restrictions, or other such instruments shall be created for each property in each agricultural area at the earlier of (a) prior to or concurrent with the first discretionary approval for projects for which no map is require d; or (b) prior to or concurrent with final and/or parcel map approvals. In this instance, the tentative map shall have this requirement as a condition of its approval, and that map shall generally describe the area to be restricted. To ensure the preser vation of designated open space areas in perpetuity, permanent open space easements, deed restrictions, or other such instruments shall be created for each property in each open space area at the earlier of (a) prior to or concurrent with the first discret ionary approval for projects for which no map is required; or (b) prior to or concurrent with final and/or parcel map approvals. In this instance, the tentative map shall have this requirement as a condition of its approval, and, that map shall generally describe the area to be restricted.” Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division Implementation & Financing 9 - 16 Final Hecker Pass Specific Plan August 2018 EXHIBIT “A” Mitigation Monitoring Program Policies 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 significan t 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 mit igation 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 i ncluded in the project environmental impact report. 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 proponent of the Hecker Pass Specific Plan (HPSP) and the proponent of the Church project are required to complete. The attached checklist is proposed for monitoring the implementation of the mitigation measures. This monitoring checklist cont ains all appropriate mitigation measures in the environmental impact report. The monitoring checklist is divided into two sections. The first section includes mitigation measures for the HPSP related actions. Mitigations for the HPSP consist largely of requirements to include new policies in the HPSP with which subsequent individual projects must be consistent. Monitoring Program Procedures The City of Gilroy shall use the attached monitoring checklist for the Hecker Pass Specific Plan project. The mon itoring program should be implemented as follows: \ JH \ 646542.3 - 1 - 011105 - 04706089 Exhibit “A” Mitigation Monitoring Program Hecker Pass Specific Plan Final EIR 1. 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 De partment 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 measure s 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 De velopment 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 di scretion of the City of Gilroy. \ JH \ 646542.3 - 2 - 011105 - 04706089 Exhibit “A” Hecker Pass Specific Plan Final EIR Mitigation Monitoring Program Hecker Pass Specific Plan Mitigation Monitoring Checklist The following mitigations shall be incorporated as policies in the HPSP prior to discretionary approval of any entitlements for projects within the specific plan are a. The applicant shall be responsible for implementing the mitigations by incorporating them into the HPSP. The Gilroy Planning Division shall be responsible for monitoring and reviewing the HPSP to ensure that the mitigations have been incorporated into it. 4. Individual project applicants 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 adequ ately 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 s oil, 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 (n on - 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 unp aved 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 \ JH \ 646542.3 - 3 - 01 - 011005 - 04706089 Exhibit “A” Mitigation Monitoring Program Hecker Pass Specific Plan Final EIR • Limit the area subject to excavation, grading and other construction activity at any one time. Party resp onsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 5. A qualified biologist shall survey the grassland area located to the north of the Hecker Pass Highway planned for residential development for potential aesti vation habitat. If the area is determined to be aestivation habitat for the California tiger salamander, the biologist shall consult with the California Department of Fish and Game and the U.S. Fish and Wildlife Service regarding mitigation and permit req uirements that must be incorporated as conditions of project approval. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 6. All future development within the specific plan area shall implement the fo llowing conditions to minimize disturbance to potentially significant cultural resources. Each of the following shall be made a condition of approval for grading and Building Permits: a. Developers of each project within the specific plan area shall contr act with a qualified archaeologist to provide an archeological site assessment to determine the need for monitoring during grading and excavation activities. b. If cultural resources or human remains are discovered during construction, work shall be halted at a minimum of 165 feet (50 meters) from the find and the area shall be staked off. The monitoring professional archaeologist, if one is on site, shall be notified. If a monitoring professional archaeologist is not on - site, the city shall be notified im mediately and a qualified professional archaeologist shall be retained. 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 r esponsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 9. Prior to development of any property within the specific plan area, a Phase 1 Environmental Site Assessment shall be prepared in accordance with ASTM Stan dard(s) to identify whether past or existing uses of the project property may have adversely affected soil or groundwater, or would otherwise pose a health hazard during site development or habitation. If the Phase I assessment finds that past uses may ha ve contaminated the site, a Phase 2 Site Assessment shall be prepared. If contamination is present, clean up and disposal of such contamination shall be in compliance with federal, state and local regulations governing the cleanup and disposal of hazardou s waste. Results of the Phase 1 and, if needed, the Phase 2 \ JH \ 646542.3 - 4 - 011105 - 04706089 Exhibit “A” Hecker Pass Specific Plan Final EIR Mitigation Monitoring Program assessment and cleanup shall be presented to and approved by the City of Gilroy Engineering Division prior to issuance of a Building Permit. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 10. Any development (i.e. public recreational facilities) with foundations or support on the ground that is located within 50 feet (or the distance in effect at the time of application) of the Uvas Creek t op of bank shall conform to requirements of the Santa Clara Valley Water District. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 11. 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: Applicant Party responsible for monitoring: Gilroy Planning Division 20. Applicants for individual projects within the sp ecific plan area shall contribute traffic impact fees for future cumulative circulation improvements consistent with the requirements of the City of Gilroy citywide traffic impact fee ordinance. Fees shall be paid to the city prior to issuance of developm ent permits. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 22. Storm water detention shall be designed to prevent an increase in the 2 - year, 10 - year and 100 - year peak discharge for the projec t area (refinement of existing HPSP policy 8 - 6) Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 23. Hecker Pass Specific Plan EIR Table S1, Summary of Impacts and Mitigation Measures. The area of concern, Agriculture, will be modified to state: “HPSP Public Safety (Agricultural Management) Policies 5 - 93 through 5 - 97; Policy 5 - 7: “To ensure the preservation of designated agricultural areas in perpetuity, permanent agricultural easements, deed restrictions, or other such instruments shall be \ JH \ 646542.3 - 5 - 01 - 011005 - 04706089 Exhibit “A” Mitigation Monitoring Program Hecker Pass Specific Plan Final EIR created for each property in each agricultural area at the earlier of (a) prior to or concurrent with the first discretionary approval for projects for which no map is required; or (b) prior to or concurrent with final and/or parcel map approvals. In this instance, the tentative map shall have this requirement as a condition of its approval, and that map shall generally describe the area to be restricted. To ensure the preservation of designated open space areas in perpetuity, permanent open space easements, deed restrictions, or other such instruments shall be created for each property in each open space area at the earlier of (a) prior to or concurrent with the first discretionary approval for projects for which no map is required; or (b) prior to or concurrent with final and/or parcel map approvals. In this instance, the tentative map shall have this requirement as a condition of its approval, and, that map shall generally describe the area to be restrict ed.” Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division \ JH \ 646542.3 - 6 - 011105 - 04706089 EXHIBIT B 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 3774v2 X047060 RESOLUTION NO. 2018 -34 JH104706083 10 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. M047060 3774v2 RESOLUTION NO. 2018 -34 JH104706083 11 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 3774v2 H047060 RESOLUTION NO. 2018 -34 JH104706083 12 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 4838-2123-37742 JHM7 060 83 RESOLUTION NO. 2018 -34 JH104760 13 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 Monitorinq 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 Monitoring Notes: Mitigation Measure BI0-1 (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: 3774v2 M047060 RESOLUTION NO. 2018 -34 JH104706083 14 Mitigation Measure B1O -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 BI0-4 (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 BI0-5 (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 4838-2123-3774v2 JHkO47 060 83 RESOLUTION NO. 2018 -34 JH104760 15 Monitorinq 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 3774v2 M047060 RESOLUTION NO. 2018 -34 JH104706083 16 Party Responsible for Monitoring: Gilroy Engineering Division Monitoring Notes: Step 2 — During Construction the following mitigation measures shall be implemented: Mitigation Measure BI0-3 (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 Was 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: JH\047060 3774v2 RESOLUTION NO. 2018 -34 JH104706083 17 Mitigation Measure CR -3 If archaeological or cultural resources are discovered during earthElmoving, 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 4838- 2123- 3774v2 RESOLUTION NO. 2018-34 JH104706083 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 B) 3774v2 X047060 RESOLUTION NO. 2018 -34 JH104706083 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2018 -34 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 6t' 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 8th day of August, 2018. awna Freels, City Clerk of the City of Gilroy (Seal)