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
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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
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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
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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
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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
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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
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ATTEST:
Susan O'Strander, Secretary