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Resolution No. 2018-06 | Zoning Amendment (Z 16-02) and Adopt the Mitigation Monitoring and Reporting Program to amend Hecker Pass Specific Plan | Adopted 06/07/2018RESOLUTION NO. 2018-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY RECOMMENDING CITY COUNCIL ADOPT THE PROJECT MITIGATED NEGATIVE DECLARATION, 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 CIO MARK CURRINGTON, 2603 CAMINO RAMON, SUITE 140, SAN RAMON, CA 94583. 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 has considered the Zoning Amendment/Specific Plan Amendment request (Z 16-02) in accordance with the Gilroy Zoning Ordinance, the Hecker Pass Specific Plan, 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 forthe 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 Resolution No. 2018-06 Page 2 WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed project on June 7, 2018, at which public hearing the Commission considered the proposed project, staff report, public comments and testimony, and all other documentation or other evidence received on the project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Gilroy hereby recommends to the City Council adoption of the mitigated negative declaration, approval of Z 16-02, subject to the following conditions, and adoption of the mitigation monitoring and reporting program: 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 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 Resolution No. 2018-06 Page 3 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; 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; I. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and Resolution No. 2018-06 Page 4 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 B1O-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 131O-4) (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 Resolution No. 2018-06 Page 5 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. (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 find 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, PLA5) 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 Resolution No. 2018-06 Page 6 the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 48 hours after being notified by the commission; b) the descendant identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner." (PL, MND MM CR-4) (PL, PLA 6) 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 7t" day of June 2018 by the following roll call vote: AYES: COMMISSIONERS: Fischer, Ashford, Armendariz, Scheel, Estorga NOES: COMMISSIONERS: RECUSAL: COMMISSIONERS: Kim ABSENT: COMMISSIONERS: Rodriguez Resolution No. 2018-06 Page 7 ATTEST: Susan O'Strander, Secretary