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HomeMy WebLinkAboutResolution 1999-20 . . RESOLUTION NO. 99-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 95-06, A TENTATIVE MAP WITH 87 RESIDENTIAL LOTS ON APPROXIMATELY 61 ACRES LOCATED AT THE WESTERLY TERMINUS OF MANTELL! DRIVE, NORTH OF COUNTRY DRIVE, A PORTION OF APN 783-47-001 WHEREAS, Gil Properties ("Applicant") submitted TM 95-06, requesting a Tentative Map to subdivide a 61 acre parcel into 87 single-family residential lots and one remainder lot; and WHEREAS, the property affected by TM 95-06 is located at the westerly terminus ofMantelli Drive, north of Country Drive, as described in Exhibit A attached hereto; and WHEREAS, in accordance with the California Environmental Quality Act ("CEQA"), an Initial Study was prepared for this project which identified potentially significant effects on the environment, and the Applicant included certain mitigation in the project and has agreed to individual mitigation measures which will avoid or mitigate the effects to a point where no significant impact will occur; and WHEREAS, in accordance with CEQA, a Negative Declaration with twenty-four (24) mitigation measures was circulated in conjunction with this application; and WHEREAS, the Planning Commission held a duly noticed public hearing on February 4, 1999, at which it considered this project and voted to recommend approval of the mitigated Negative Declaration and TM 95-06 to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on February 16, 1999, at which time the City Council considered the public testimony, the Staff Report dated February 10, 1998, and all other documentation on the project; and WHEREAS, the City Council on February 16, 1999, adopted the rnitigated Negative Declaration, finding that it was completed in compliance with CEQA, it reflected the independent judgment of the City, and that there was no substantial evidence in the record that the project will have a significant effect on the environment; and IKHM\4368S7,01 98-022304706002 -1- RESOLUTION NO. 99-20 . . WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this project approval is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOL YED THAT: A. The City Council finds as follows: 1. The project is consistent with the approved Residential Development Ordinance allocations as modified by the City Council on February 16, 1999, granted to the developer and with the intent of the goals and policies of the General Plan, all as set forth in the Staff Report dated February 10, 1999. 2. The project is consistent with the Zoning Ordinance, Hillside Development Guidelines, the City's Subdivision and Land Development Code, and the State Subdivision Map Act. 3. There are no facts to support findings requiring denial of the proposed tentative map pursuant to California GovernnJent Code section 66474. B. Tentative Map TM 95-06 should be and hereby is approved subject to: 1. The thirty-eight (39) conditions identified in the Staff Report dated February 10, 1999, beginning at page 5. A list of these conditions is attached hereto as Exhibit B, and incorporated herein by this reference. 2. The mitigation measures set forth in the Negative Declaration, attached hereto as Exhibit C and incorporated herein by this reference. 1/ II II IKHM\436657,01 96-022304706002 -2- RESOLUTION NO. 99-20 . . 3. The mitigation/monitoring program, attached hereto as Exhibit D and incorporated herein by this reference. PASSED AND ADOPTED this 1st day of March, 1999 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, MORALES, ROWLISON, SPRINGER, GILROY NOES: COUNCILMEMBERS: SUDOL ABSENT: COUNCILMEMBERS: GIFFORD APPROVED: ~ .A. Mike Gilroy, Mayor ATTEST: ~wk Rhonda Pellin, City Clerk IKHM\4368S7,01 98-022304706002 -3- RESOLUTION NO. 99-20 THE SITE 'I. LI M IffS ~~ .-- D r " . -/ I , o Site Map . fo r T M 95- 0.6 EXHIBIT A City of Gilroy '. 7351 Rosanna Street Gilroy, California 95020 (408) 848-0440 ........ ',- City of Gilroy . . Community Development Department . Planning Division NEGA TIU: nECLASA TiolS: City File Number: Tentative Map, TM 95-06 Proiect Description: Name of Project: Nature of Project: . Country Estates, Phase n Tentative Map Request to subdivide an 120 . parcel into 87 individual residential hillside lots and two remainder parcels, and perform subsequent design review of the homes resulting from this subdivision. Project Location: Location: West of Santa Teresa.Boulevard, at the westerly terminus ofMantelli Drive. Assessor's Parcel Numbers: 783-47-001,003, and 783-04-018. . I Entitv or Person(s) Undertaking Proiect: Name: Gill Properties. Address: 1735 Technology Drive, Suite 400, San Jose, CA 95110. Initial Study: An Initial Study of this project was undertaken and prepared for the purpose of ascertaining whether this project might have a significant effect on the environment. A copy of this study is on file at the City of Gilroy Planning Department, 7351 Rosanna Street, Gilroy, CA 95020. . EXHIBIT B The Initial Study identified potentially significant effects on the environment. However, this project has been mitigated (see attached "Mitigation Measures" which avoid or mitigate the potential effects) to a point where no significant effects will t;lccur-: There is no substantial . evidence the pro~rnay have a significant effect on the environment. The following re~6.Ds will support these .fuJdings: . . L NEGATIVE ~ Findings & Reasons: 1. The proposal is a loliical component otthe existing land use of this area. 2. Identified adverse impacts are proposed to be mitigated through preparation of special studies and construction of off-site improvemeIlts. 3. The proposed project is consistent with the adopted goals and policies of the General Plan of the City.ofGilroy. 4. The Initial Study was independently reviewed by. City stllfl: and this Negative Declaration reflects the indeperidentjudgement of the City of Gilroy. Date prepared: End of review period: November 20, 1998 Date approved by. City Council: William Faus, Planning Division Manager 1:\PLANNlNG\CE\NEG-DEC.PZ ~~~~~~~tf1~~1:ff'?~~~~~~t~~~~);~t~ ".,.;;., - Country Estates Phase II (TM 95-06) and Phases 3Aand 3B .. Mitigation Measur~s '. . Geology Mitigation Measures 1. All Phases. The applicant shall contract with a qualified soils engirieer to . prepare a soils engjneering report regarding site development, grading, soil erosion, and slope protection. Recommendations in the report shall be incorporated into the fInal improvement plans. (The applicant has contracted with Earth Systems Consultants 'to prepare the soils engineering report for . Phase n [Rob Oneto, pers. comm., September 13, 1998]). Recommendations are anticipated to include, but'not be limited to, the following measures . required as conditions of approval of Phase I; a. All grading operations and soil compaction activities shall meet the approval of the City Engineer and shall be done in accordance with the . soils reports which were prepared for Phase 1. Site preparation and fill construction shall be conducted under the observation of, and tested by, a licensed soils or geotechnical engineer.. Material which was placed previously without benefit of "ompaction mustbe removed and replaced in accordance with th,e ,soils report (TM92-02 condition of approval #2).' I .b. The applicant shall clearly show areas with 15 percent slopes and areas with 30 percent slopes. Houses located on slopes over 15 percent shall use special foundation designs: These foundation designs must be reviewed and approved by the City Engineer as part of the final map. Additional soils engineering work may be required in order to support he foundation designs (TM92-02 condition of approval #3). c. All retaining walls must be constructed of permanent materials such as concrete or masonry (modular block is preferred). Wood shall not be permitted. All retaining walls shall be constructed such that the soils' gravitational forces and the hydrplogic forces behind the retaining wall do not cause the wall to move and to loose its structural inte~ty. Deep ~ectUm4:' .t:~1 DiS&SSiDii'~,)lII;~~~~.j;'l\'~w~'-~''EilJiY;;rmtf;.l'S~' " .,.;W%itt;1::~""~'~;!~;:J~~.~~t~\';~::'eiJ!q~!~SJ~.~t~\~:~i~~"""'" retaining walls (TM92-02 condition of approval #12). . The report, as well as the final improvement Plans, shall prepared and submitted to the city engineering division for review and approval prior to approval of the final map. . 2. Phase 3A. The applicant shall contract with a qua1ified geologist to review the grading and improvement plans for the site to determine if corrective ' grading and/ or other mitigative measures would be neces!!ary for the . landslide mapped on Phase 3A (Earth Systems Consultants 1998). Upon review of the grading and improvemerJt plans, the geologist shall . prepare a written report of the findings and'further recommerJdations. The report shall be subject to review and approval by the city erJgineering division prior to approval of the final map. 3. Phase 3B. Prior to approval of the tentative map for Phase 3B, the applicant shall contract with a qua1ified geologist for preparation of a geologic report. RecommerJdations contained in that geologic report shall be implementation prior to approval of the final map for Phase 3B. - Water Mitigation Measure 4. All Phases. Applicants for development within the proposed project area will be required to submit a Notice of Intent (NO!) to the Central Coast , RWQCB priorto obtairling a grading permit from the city. This permit will require development and implementation of II Storm Water Pollution Prevention Plan '(SWPPP) that uses storm water "Best Management Practices" to control runoff, erosion and sedimentation from the site. The SWPPP has two major objectives: (1) to help identify the sources of sediments and other pollutants that affect the quality of storm water discharges; and (2) to describe and ensure the implementation of practices to reduce sediment and other pollutants in storm water discharges. The SWPPP must include Best . ManagemerJt Practices which address source reduction and, if necessary, shall include practices which require treatmerJt. Integral to the Nor process is submittal of engineering designs. The SWPPP will be submitted to the City Engineering Division for review and approval prior to issuing a grading permit. i I , I ~~"!!il'1lf U1fmb'I/ t;staUS blttial Stiul!I :;~~.;m"""'i;::';"';il!iIlll""'.'~""'^,},,1!j~S<<tiDii 4:' EirD~ .r "'~ 'i ,~ ,o, S.'" $if, " <'- ~I ,. "." -"~.,1;:\'t- ."\<'S,,,.I.},,':f\?>""'.~.i'i'>.'" "~-\".~\'i'i",:>c"',:','" " < ~I;'-"'~/!_" .' '-C?- ,,~~,,~"~"',-,;;.., ~::::;.~~'-., ',,-j ,," " '"~ J " ~"'>_ _~ \ ~, . . . k c". " '. . Air Quality.. " , ' . '<";'i ,C', - Mitigation Measure 5. . The following control measures shall be incorporated into any permits issued for the Proposed project: a. Water all active construction areas at least twice daily or more often as needed to prevent dust from becoming airborne and leaving the site. b.. . Cover all. trucks hauling soil, sand, and other loose ma~erials or req~e 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 impaved 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. HydJroseed 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 as quickly as possible. Biological Resources Mitigation Measures. 6. Phases 3A and 3B. The applicant shall submit a tree removal exhibit indicating the proposed removal of oak trees six inches and greilter in diameter. The tree removal exhibit shall be prepared and submitted along with tentative map applications for Phases 3A and 3B, subject to review by the city Planning Division. 7. All Phases. For each phase, the applicant shall have a revegetation plan and monitoring program prepared consistent with CDFG requirements regarding :;eaum4::jtJ;~~~.__!1!l111l1II'I~J,4 ~~"~lia6d'TS' .....,"~1\~t,~7~~"i!~~;';g~(i~;;~!:;~~~~1~!i~!:!!_~~~~~':), . be prepared and implemented by a certified arborist, subject to revieYi and approval by CDFG and the Gilroy Planning Division, andsball include the following measureS: . . a. For each acre of oak habitat lost through development oithe site, an appropriate number of acres of oak woodland habitat shall be preserved on-site. This number of acres shall be determined in consultation with . the CDJ:G. b. For each individual significant oak tree lost, as defined by the Oty's ". Consolidated Landscape Poliey (six inches in diaineter or greater as' measuied4.5 feet from the ground), the project site shall be revegetated at a three to one replacement ratio. Transplanting the oak saplings lost, , as identified above, may be implemented as part of the revegetation plan, if deemE:d feasible by the certified arhorist. The revegetation plan and'monitoring program shall be approved by CDFG and the Planning Division prior to approval of the final map for each . applicable phase of the project. 8. All Phases. The applicant, for each phase of the proposed project, shall contract with a qualified arborist to prepare a tree protection plan which shall include, at a minimum, the following components. a. During the preparation of more detailed grading and improvement plans, the project design team will work with the City of Gilroy Engineering Division staff and the project geotechnical consultant to identify and implement engineering and infrastructure related' alternatives in an effort to reduce grading and preserve existing trees. b. . All construction activity (grading, filling, paving, and landscaping) shall respect a root protection zone (RPZ) around all trees with 6-inch diameter and greater as measured 4.5 feetabove average ground. The RPZ shall be a distance of 1.0 times the dripline ra4ius measured from the trunk of the tree. Exceptions to this standard could be considered on a case-by-case basis provided that it is demonstrated that an encroachment into the RPZ will not affect the root system or the health of the tree, and it is authorized by anarborist or tree specialist. c. Temporary protective fencing shall be installed around the dripline of existing trees prior to commencement of any earthwork activities conducted within a sufficient distance from the tree's canopy, as determined by the arborist. The fencing shall be clearly marked to prevent inadvertent encroachment by machinery. Fencing shall be J:SmralJlRJ8l~ ,~;j~:jWI~~,UtJ~..J~!~~'4!X:~~ ~;~~j~_:!i;~:~'c~~'~~'~[i!!;;~!_1;~~~dc~r~~~iht",( .color (red or yellow). d. Run-off will not be allowed to pond around the b.ase of any tree. e.. An arborist or qualified tree specialist shall be retained to perform any necessary pruning of native trees during construction activity. f. Trenches which are required' within the root RPZ of existing native trees shall be bored or tunneled under the roots using an auger or drill, rather than trenched, to avoid root disturbance. Trenches Will be located as far from the root protection zone ~ possibie.. . . . . .... g. Should utility lines erJcroach within the tree protection zone, a single, shared utility conduit shall be used where needed to avoid impacts to trees. - h. Roots exposed as a result of construction activities shall be covered with wet bur~ap to avoid desiccation and shall be buried as soon as possible. I. Protection of existing native tree root zones in areas where roadways may compromise the health of the trees. j. Construction materials or heavy equipment shall not be stored within the root protection zone of existing trees. . k. Construction materials shall be properly stored away from existing trees to avoid spillage or damage to trees. , , . The tree protection plan shall be subject to review and approval by the city . Planning Division, prior to approval of the ~inal map. 9. All Phases. A pre-construction breeding surveys for white-shouldered kite, Cooper's hawk and long-eared owl sh<4l be contracted for by the applicant and conducted during the breeding season by a qualified wildlife biologist. The breeding seasons for these species are as follows: February through July for white-tailed kite and long-eared owl, April through July for Cooper's hawk. If active nests are found, the applicant shall establish a temporary 500-foot buffer around active nest sites within which no removal of vegetation, construction activities, storage of construction materials or staging of equipment shall be permitted, until a qualified wildlife biologist has determined that the young have fledged. Pre-construction surveys would not be necessary if grading, tree removal and other activities requiri1:lg the use of heavy machinery is not scheduled between February 1 - July 31. Construction activities occurring during this time period are expected to avoid.' disturbances to these special status birds. . ! ,-=eawnlJo:'~ 6;.nul.r.,mnnmr, 1nSCUSSUM-~~,~'l~~~\l;~C '.Est4:ta-JIrUUU bi ",.0;;\1";~'~~i(\,~*~t~;;f'i;i;i~1;ij;i't4;.~;~:!:J"~;'~;ii('*~T?'ii;,*;'d;~g.,;;i\f(i~~!i'i/;;ri".., "t,:,t;t~:-:::!:X~?:fi::;'-:l;~{,\~"'::_'.;,.';:"(:_;::--~r- :i~\:;:t\~ ....,. ." Once the pre-co~on surV~ys are complete, the ~e biologist shall . prepare a written report of the findings and further recommendations. The report shall be subject to review and approval by the city Planning Division . prior to commencement of construction activities. 10. All Phases. A pre-construction breeding survey for loggerhead shrike shall. be contracted for by the applicant and conducted during the breeding season by a qualified wildlife biologist. The breeding season is from March 1- Augustl. If active nests are found, the applicant shall establish a temporary ~50-foot bUffer around active nest sites within which no removal of : , vegetation, consqUctiqn activities, storage of construction niateri~ or staging of equipment shall be permitted, untila quiilified'willdlife biologist has determined that the young have fledged. Pre-cunstructiDnsuroeys would not be necessary if grading, tree remoVal and other activities requiring the use of. heavy machinery does not occur between March 1'- Juiy 31. Construction activities occurring during this time period are expected to avoid disturbances to the shrike. Once the pre-construction s~eys are complete, the wildlife biologist shall prepare a written report of the firJdings and further recommendations. The report shall be subject to review arid approval by the city Planning Division prior to commencement of construction activities. 11. All Phases. A pre-construction survey for pallid bat roosts shall be contracted for. by the applicant and conducted by a qualified wildlife biologist prior to construction activities and durirJg the period of March , through October. If roost sites are found, consult with a bat specialist regardirJg the appropriate time to remove roost sites to avoid or minimize mortalities. If a roost site is determined to be occupied year-round and ,scheduling to avoid impacts is not possible, methods to remove/ displace bats prior to the removal of known roost sites should be implemented by a qu3llfied bat sp~alist. In addition, an alternate roost site shall be . constructed irJ the vicinity of the known roost site. The specifications of the location of the alternate roost and construction standards of the roost shalL be determined by a bat specialist. Once the pre-construction surveys are complete, the wildlife biologist (or bat specialist) shall prepare a written report of the findings and further recommendations. The report shall be subject to review and approval by the city Planning Division prior to commencement of construction activities. 12. All Phases. Except for fire control maintenance practices necessitated by state and local agencies, oak tree and understory vegetation removal outside of the immediate periphery of buildirJg envelopes shall not be permitted by - ':>".-:.- .:'1 -- _ _.-..v-., ~'''~'''"''\'!'!'?l:OI\l;>~~~~'b1.~~}il~,~,~~:;cczon:C I:~I LllSCllSSJDft ~~l.~'~:~-{f;;.~f~' '.. c . ~ "" '. ,,,' '" :.~' ',: ""~~~;:'~' ; :"~~~~~~s".~~e;h:~~:~ ~'~\~;'>>of ~ limi~~~~ :. "'. , This mitigation shall De enforced by the city Planning Division. '. 13. All Phases. Recre~tional vehicles and bicycles shall not be permitted in Qpen space areas.and conservation easemertts. The applicant shall post all-weather signs to indicate this restriction and shall barricade the periphery of such open space wherever it is needed and to uphold the intent of this mitigation. This mitigation shall be implemented by the applicant, and enforced by the city Planning Division, immediately upon approv.al of the tentative map for the lot or lots that.contain open space and conServation easements. 14. All Phases. . The applicant shall incorporate the use of street lighting with. opaque shields to reduce illumination of the surrounding landscape. No lighting shall be directed towards open space areas and conservation easements. This measure is intended to reduce the adverse effects of night lighting on sensitive nocturna1 wildlife. ThiS measure shall be subject to review and approval by the city Engineering Division. 15. All Phases. Install wildlife crossing signs on project roads. This measure is intended to reduce mortalities to wildlife resulting from vehicular traffic. Precise locations shall be determine in consultation with a qualified wildlife biologist, subject to approval by the city Engineering Division. 16. Phases 3A and 3B. Design future phases of the project in consultation with a wildlife biologist in order to help maintain the biological integrity of the oak woodlands habitat on the remaining.lots. Future pha~es shall minimize oak habitat loss and fragmentation to the greatest extent possible by: clustering residential sites; maintaining the continuity of drainaqes and large areas of oak woodlands through the establishment of open space areas and/ or conservation easements; designing corridors of undeJeloped habitat that will avoid the creation of isolated habitat islands by linking open space and other "protected areas; and designing habitat' linkages to accommodate wildlife immigrati()n'from off~site habitats and emigration to off-site habitats. 17. Phase 3A. Conduct a focused survey for special status plants in the northeast corner of lot 124 (Phase 3A) during the March through April bloom period. If special status plants are observed and avoidance is not feasible, design the future project to minimize direct impacts to sensitive plant populations to the . greatest extent possible and revegetate at a minimum +:1 ratio on- or off-site. A qualified revegetation specialist shall prepare and implement a revegetation plan, which at a minimum shall address tpe following: site preparation, eradication/management of non-native annuals, on-site seed collection, propagation of on-site plants, success criteri~; annual monitoring, and contingency measures in the event revegetation efforts do not reach desired goals. The focused survey shall be conduct prior to preparation of a - ~~.."fJJ't"'_.....n. ~ ~INI&nIlIlIIC1'I&IUUUCII5SIOJ'I-~~~~~~'t>i_~~~V:'f.~.p_~-C'-------- "-.'EStitfij'fititiitl-S .., !fj~{~i(1%~!J%~~\i~'t~F1~;iJN;~1\!~~!l"~'i;$::~~~'iJ~:J~i"'.~,!jfJ\lt~i1;it.:g\.'i;~i;"'.:~.';i;;W~i'~~~~t71_.';;i;~i'i'i.~~lf;;'~:~<'~;""""';~;:,r:i'''>",."" ' " '..' ;. tentative map for.tWe3A., subject to reView andapp~by the city . .... ,; , Planning Department. The revegetation plan and monitoring program shall also be reviewed and approved by CDFG prior to tentative map approval for Phase 3A. . , '-".-'''':'.>;: - 18. Phase 3B (Westem Portion). A pre-construction survey for burrowirJg owls shall be contracted for by the applicant and conducted by a qualified wildlife " biologist thirty days prior to the start of development on lot 125 (western portion of Phase 3B). If burrowing owls are present, passively relocate (e.g.,. plug holes) the o~ls to an alternate on-site burrow !l,tleast50 meters from an impact area. 'If nesting o"Vls are present, the Qwls shall beielqcated after a ". ' wildiife biologist has determined that the young ha~e fledged. The alternate . burrow shall be contiguous with a minimum 6.5 acres of foraging habitat 'set aside as an on-site conservation easement per pair or single owl.' If on-site mitigation cannot be met, habitat shall be repia~ed off-site. The habitat shall be suitable for burrowing owls and approved by CDFG. Replacement ratios for off-site mitigation are as follows: (a) 9.75 acres of "occupied habitat" to replace "occupied habitat" lost per pair or single bird, . . (b) 13 acres of "contiguous habitat" to replace "occupied habitat" lost per pair or single bird, or . (c) 19.5 acres of "potential habitat" to replace "occupied habitat"lost per pair or single bird. One natural or artificial burrow per each active bmow excavated shall be. replaced on the conservation easement. Passive relocation involves installing one-way doors in burrow entrances. The relocation shall be monitored for on.e week to confirm use of alternate burrows. Original burrows shall be filled to prevent reuse, Once the pre-construction surveys are complete, the wildlife biologist shall prepare a written report of the firJdirJgs and further recommendations. The report shall be subject to review and approval by the city Planning Division prior to commencement of construction activities. 19. . Phase 3B (Western Portion). A pre-construction survey for horned larks shall be contracted for by the applicant and conducted by a qualified.wildlife biologist during the breedirJg season. The breeding season is fromMarch 1 through August 1. Establish a temporary ISO-feet buffer around active nest sites within which no removal of vegetation, construction activities, storage of construction materials or staging of equipment shall be permitted, until a qualified wildlife biologist has determined that the young have fledged. ~~~j~J%:~:j!~~;{~tt~~;'~~E . ---- --...- "/",'"~":""~"'''':;<;',~1'..;b,,,.!.'."~.,:.;~,..,_,t,-:.,,'.\'f:':'-"'-:''N,t~'f.!'1:t)CCQOJI'9:''~~ ;~~;;i');~~:g~~~~~;!:'~~~~~;i~/!~~'~'fit;;4~=!~'::d" other activities requiring the use of heavy machinery is not scheduled -; . between March 1 - July 31. Construction activities scheduled during this time period are expected to avoid sigIrificant impacts to the homed lark. - Aesthetics 20. Phase ll. Applicants for development of homes on lots 61, 62, 63, 64, 7~, 75, 82,86, and 87 shall stake and flag the outline of'the proposeci structure to. . determine if construction of the home would resq1t in a silhouette agairisfthe . skyline, as viewed from the valley floor. The staking and flaggii-tg shall be . subject to review and approval by the city planning division and architectural review board prior to approval of architectural and site review. 21.' .Future Phases. Future tentative map submittals shall include a view profile exhibit of all proposed lots within 100 vertical feet of the crest of a'ridge. The view profile exhibit shall be accompanied by a tree removal exhibit. The city . planning division shall identify all lots with the potential for ridgeline development. Special attention should be given to pre1iminary lot number 90- 99 in Phase 3A. Lots identified by the city planning division as having the potential for ridgeline development shall be subject to the following mitigation measure: Applicants for development of homes on lots identified by the city planning division as having the potential to result in ridgeline development shall stake and flag the outline of the.proposed structure to determine if construction of the home would resuItin a silhouette against the skyline, as viewed from the valley floor. The staking and flagging shall be subject to review and approval by the city planning division prior to approval of architectural and site review. . 22. All Phases. The applicant shall prepare plans for the design of all retaining . walls over four feet high with each phase of the project. Retaining walls for roadways shall be granite faced and be designed to blend in with its surroundings. Retaining walls on individual lots shall include a modular, or terracing design to break up the appearance of a high retaining wall. As this terracing design would require more space than one single wall, building pads will be located so as to accommodate the terraced retaining walls. All retaining wall designs will require landscaping to assist in blending in with the surrounding natural environment. Landscaping shall be completed at the time of retaining wall construction. The retaining wall plans, for each phase, shall be subject to review and approval by the city planning division, prior to approval of the final map for each phase. ___.._,_vw....""'......~,~~~.,,..., .' . ..' "EStdtil5'lmtiiil' FuhUe'~~!f.~[:~~~:;~~Yi~~t~!~.~~~rries.in Phase 3A) shall not be located on slopes in excess of 30 percent: In addition. roadways to be constructed on slopes in excess of 30 percent shall be kept to a minimum. Tentative maps shall be subject to review and approval by the city planning division, prior to approval of these tentative maps for future phases. ' . Cultural'Resources Mitigation Measure . 24. All Phases. If archaeological resources or human remains are discovered during construction, work shall be halted within 200 feet of the find until it can be evaluated by a qualified professional arcnaeologist. If the find is determined to be signuicant,appropriate mitigation measures shall b~ , formulated and implemented. This wording shall be incorporated into any permits issued for construction of the proposed project_ The sub~ Tentative Map is consistent With the, City's General p~ lll11d use maP whlchdesignateStbe ' site as Residential Hillside and Public Facility. As submitted, the requested tentative map is consistent with the intent of the City's General Plan text and Land Use map, Zoning Ordinance, Subdivision and Land Development Code, and prior RDO buildout approvals granted by the City Council. The submitted Tentative Map is also consistent with the Hillside Development Guidelines. EXHIBIT C '{_~~;m(~~~~~~~r;g~~~~~""",-~.~,,>w;;~,,~~ .",." .,." TM 95 06 REVISED STW REPORT" ',..,:.;,'::.,',.~, .,'.~ .... .:" ";', STAFF RECOMMENDA TlON: Should, the Planning Commission approve the RD 92-29 ROO mi.tendnientrequest whieb accompft!lies' . this report, staff recommends APPROVAL of this Tentative Map request for the foRowing reasons: A. The proposed Tentative Map is substantially consistent with the approvals granted to the developer by the City Council under Residential Development Ordinance RD 92-29, as amended February 4, 1999; B. . The proposed Tentative Map is consistent with the intent of the goals and policies of the City's General Plan document; C. The proposed Tentative Map is consistent with the Zoning Ordinance, Hillside Development Guidelines, and the City's Sub~ivision and Land Development Code; D. Public utilities and infrastructure improvements needed in order to serve the proposed . proj ect are in close proximity; and E. There will be no significant environmental impacts as a result of this project due to the mitigation measures to be applied. Staff recommends that the Planning Commission forward a recommendation to the City Council to take the following two actions: O' Adopt the Negative Declaration (dated October 19, 1998) with twenty-four (24) mitigation measures, completed in compliance with CEQAj and *9 Approve Tentative Map 95-06 with the following thirty-eight (38) conditions: GENERAL 1. Mitigation Measures I through 24 contained within the Negative Declaration for this project shall . be applied to the approval of the project in order to reduce and/or eliminate all potential significant impacts to a level of insignificance, as required under California Environmental Quality Act (CEQA), subject to the review and approval of the Planning Division. 2. Unless this project is exempt from the application of the CitY's Residential Development Ordinance ("RDO", City Zoning Ordinance Sections 50.60 et seq.), no building ,permit shall be issued in connection with this project if the owner or developer of such development (i) is not in compliance with the ROO, any conditions of approval issued in connection with such development or other City requirements applicable to such development; or (ii) is in default under any agreement entered into with the City in connection with such develoP91ent pursuant to the ROO. ~~~~~~~~~~T~~:~~~~~~~~~~~~i::;t:7r:t~f~~;"t' 3. The subdivider shall defend, indemnify, and hold hannlessthe CitY, its City Council, Planning Commission, agents, officers, and employees from any claim, action, or proceeding against the CitY or its City Council, Planning Commission, ageirts, officers, or employees to attack, set aside, void, or annul an approval of the City, City Council, Planning Commission, or other board, advisoJy agency, or legislative body concerning this .subdivision. CitY will promptly notify the subdivider of any claim, action or proceeding against it, and will cooperate fully in the defense. This condition is imposed pursuant to California Government Code section 66474.9. 4. . For each approved build-out year, the developer will be allowed to receive building, periI1its, for individual homes; in nwnber corresponding directly to the amo).lIlt granted to the projec:t by ihe. City . Councihmderthe 1983 and 1992 allocations (RD 83-11 and RD 92-29), subject to the review and' approval of-the Community Development Department. 5. Developmentofhillside lots, to include design hiyouts and specific site considerations, shall be addressed fully within a required Architectural and Site Review application from the City of Gilroy. 6. All proposed retaining walls must be constructed of permanent materials sllch as concrete or masonry (preferably modular system, e.g. keystone), subject to the review and approval of the Community Development Oepartment. . 7. A deed restriction. shall be recorded on eveJy parcel (intended for construction of a single family dwelling) which precludes the future subdivision of the property info smaller parcels: FIRE SAFETY 8, An all-weather access road, not less.than twenty (20) feet in width, for fire engines shall be provided before commencing any combustible construction. Fire hydrants shall be installed and maintained before any combustible construction begins, subject to the review and approval of the Building, Life and Environmental Safety Division 9. Dead-end access roads, in excess of one hundred fifty (150) feet in length, shall be provided for Fire . Department apparatus. Turning radii shall not be less than thirty-nine (39) feet, subject to the review and approval of the Engineering and Building, Life and Environmental Safety Divisions. 10. The developer shall provide adequate dual access for each phase of develop11:1ent, subject to the review and approval of the Building, Life and Environmental Safety Division.' . ,11: Hydrant location and water main sizes shall be subject to the approval of the Building; Life and Environmental Safety Division, prior to the issuance of any building permits. 12. Road grades shall not exceed fifteen (15%) percent, subject to the review and approval of the Building, Life and Environmental Safety Division. 13. Roadway widths are to be a minimwn twenty (20) feet unobstructed, subjeCj to the review and approval of the Building, Life and Environmental Safety Division 95-06- REVlSEDSfW REPORT' 'j 14. Common driveways exceeding one hundred fifty (150) feet inlength shall be provided with'an . approved fire apparatustum-a-around' Driveways exceeding two hundred fifty (250) feet.in length shall be' provided with 8 foot by 40 foot turn-outs every 250 feet. Common driveways shall have a minimum twelve (12) foot Unobstructed width, subject to the review and approval of the Engineering and Building, Life and Environmental Safety Divisions. 15. The applicant shall provide a secondary emergency access to the l1udi...".l northeast side of the project Staff recommends access through Cresthill Drive. All vehicle access roads shall have an all-weather surface and be able to carry the load of a 38,000 pound fire apparatus, subjeetto the . review and approval of the Building, Life and EnvironmentalSaf~Division. . ' , . 16. Residential fire sprinklers conforming to NFPA 13D shall be installed in all new residential buildings, inclusive of garages, subject to the review and approval of the Building, Life and Environmental Safety Division. A minimum two mch meter is required. l:EJili PRESERVATION 17. Existing specimen trees native to the area shall be preserved wherever possible. Mitigation of tree removal shall include the implementation of tree replacement ratios for each significant tree removed, subject to the review and approval of the Community Development Department. 18. Prior to grading, protective fencing shilll be installed around all specinien trees native to the area (at the drip.line), that are within and/or adjacent to any cut andfi1l grading, access roads, building material stacking, construction vehicle parking, or any other construction operation. Tree fencing details, to include fencing material, shall be delineated on the required grading plans, subject to the review and approval of the Planning Division. GENERAL UTlLITIE~ 19. Prior to Council approval of the Tract Map and Improvement Plans, the following items will need to be completed, subject to review and approval by the Engineering Division: ,a) A signed original composite plan by the electrical design engineer shall be a part of the improvement plans; b) A letter from the subdivision design civil engineer shall be prepared which states that the composite plan agrees with City Codes and Standards and that no underground utility conflict exists; c) "Will Serve Letters" from each utility company for the subdivision shall be supplied to the City; and d) The plan check and inspection fee for the utility underground work will be collected by the City. 20. Prior to any construction of the utilities in the field, the following will need to be supplied to the City, subject to review and approval by the Engineering Division: a) A signed and PG&E-approved original electric plan; and b) A letter from the design Civil Engineer which states the electrical plan conforms with City Codes and Standards, and with the approved subdivision improvement plans. :""""""'~iJ!l'~i1l!"~'l -' ~~;i~f~~9,,~~~~~j::~"&Wt:;:.. ,_,0 _',0,'."" '_'"<:___ _"_-._~"_ __ _ _ _,' , ,',1 ';';;;:',', TM 95~06 -'REVISED STW REPORT' -'.":~;'>>~~-"; ,\:" -,,' - .' , . , 21. All sanitary Sewer, storm drain and water mains are to be located in the public right-of-way. ' Any necessary main lines which are outside of the right-of-way must be in 15 foot easements with all weather accesslmilintenance roads, subject to review and approval by the Engineering Division. 22, Any utilities to individual lots are to be private laterals - not City mains - subject to review and approval by the Engineering Division. 23. Street Improvemenjs and the design of all storm drainage, sewer and water Ii:nes systems, and all street sections and widths shall be subject to the revi,ew andapproval of the Engineering Pivision. 24. The developer shall pay all costs ofland purchase for the ultimate right-of-way and easements necessary for off-site dedications to the City of Gilroy, as required by the roadway and/or utility main design. The developer shall, within 21 days after City Council approval of the Tentative Map, deposit the estimated cost of all condemnation expenses with the City of Gilroy's Community Development Department All costs of the condemnation procedure shall be paid by the developer. All easements and right-of-waysmust be dedicated and/or deeded to the City of Gilroy before Final Map approval, subject to review and approval by the Engineering Division. 25. All utilities to, through, and on the site, shall be installed underground in accordance with the Gilroy Code Section 21.120, subject to the review and approval by the Engineering Division. WATER SYSTEM 26. The water system shall be designed per. the approved Country Estates water master plan, and subject to review and approval by the Engineering Division. The applicant shall provide calculations which show conformance to the water master plan. The applicant shall also model to show pressures at the pads. . 27. The applicant shall keep water mains within City right-of-ways or approved public easements, subject to review and approval by the Engineering Division, 28. The developer shall design and install a second Zone I/Zone 2 Water Booster Pump Station and . a redundant main water line Urto the project. The design and location will be subject to review and approval by the Engineering Division. 29. ,Water supplies shaI1 be designed to provide a minimum fire flow of 1500 GPM for two hours. System pressures should be sufficient to operate a fire sprinkler system at the most hydraulically remote area, and meet the approval of the Building, Life and Environmental Safety Division. 30. Water supply and approved access roads shall be established prior to the start of combustible construction, subject to the review and approval of the Building, Life and Environmental Safety Division. STORM DRAINAGE 31. The applicant shall provide a storm drainage master plan which outlil).es all required ditches to ensure that all lots contain their own runoff or discharge, subject to review and approval by the Engineering Division. Respectfully, cf1f; 32. All storm drainage facilities shall be designed for a lOO-year storm event with an overflow for events greater than the lOO-year storm, subj'ect to review and approval by the Engineering Division. . , 33: All lots within the development shall be protected from storm water runoff by the installation of . drainage structures within the contributing lot, subject to review and approval by the Engineering Division. Drainage easements shall be required when more than one lot benefits from the easement. All easeplents shall be in favor of the benefitting property and shall be designated as a private storm drain easement. . . 34, Sto~ drain design submittal should include calculations of the depth and width of flow in street gutters during a '10-year flood event and a 100-year event, subject to review and approval by the' Engineering Division. The inlet capacities and spacings should be designed such that the gutter flow from both sides of the street does not encroach beyond two feet from the gutter during a 10- year storm and will allow a minimum lO-foot wide traffic lane to be free of water during a 100- year storm event. In no case shall the pavement be inundated at any time. Standard inlets with Pelican hoods shall be used throughout the development. 35. The developer shall study the downstream facilities for adequate outfalls through tl,,; Uu"y I'lUl',,,l) d..lld lluuugh the Day Ranch property. If the existing system is found to be inadequate by 1he Engineering Division, the developer will, at his cost, regrade the eXisting channels or make modifications necessary to accommodate the flow through the properties to the creek. SANITARY SEWER 36. The developer shall provide sewer backflow valves on all lots where the upstream sewer main is at an elevation above the lot, subject to review and approval by the Engineering Division, 37. Sanitary sewer laterals shall not be constructed below a concrete ditch, The applicant .shall . maintain a minimum separation from the ditch of five feet. 38. All 'main sewer lines shall be located within the City's right-of-way or approved public easements, subject to review and approval by the Engineering Division, 39. An additional secondary access road to Highway 151 (Hecker Pass) may be required by subsequent phases, at tI,e option of the City CounciL illiamF aus Planning Division Manager EXHIBITS: A. Tentative Map; Country Estates, Phase 2 B. Cut & Fill Grading Exhibit; Country Estates, Phase 2 ElvIe Planning Group Inc. MMP-3 Phase II Mitigations-Final Map. Prior to" approval of the 'FinoiI Map for Phase II, the following mitigation measures" shall be implemented: ' '.' " ! ! . 1. All Phaa... The applicant shall contract with a qualified soils engineer to pr~are a soils engineering report regarding'site deveIOpment. grading, soil ereSlOn, and slope protection. Recommenaations in the report shall be InCorporated into the final improvement plans. Recommendations are anticipated to include, but not be limited to, the following measures required as . " conditions of approval of Phase 1: . Applicant . City . .. ,En' eering " ~ion . a. All grading operations and soil coml?action activities shall meet the approval of the City EngIneer and shall be done in accordance with the soils reports whic:h were prepared for Phase L $ite preparation and fill -construction shall be conducted under the observation of, and tested by, a licensed soils or geotechnical" engineer, Material which was placed previously without benefit of compaction must be removed and replaced in accordance with the soils report (1M92"()2 condition of approval #2). _ b. The applicant shall clearly show areas with 15 percent slopes and areas with 30 percent slopes. Houses located on slopes over 15 percent shall use special foundation designs. These foundation designs must be reviewed and approved by 'the City Engineer as part of the final mal" Aflditional soils engin~ worlC may be required In order to support he foundation designs (TM92"()2 condition of approval #3). c. All retaining walls must be constructed' of permanent materials such as concrete or masonry (modular block is preferred). Wood shall not be pe."IIlitted. All retaining walls shall be constructed such that the soils' gravitational forces and the hydrologic forces behind the ,retaining wall do not cause the wallto move and to loose it$ structural integrity, Deep rooted plants shall not be planted bl' the developer within 6 feet of retaining walls \~M92"()2 condition of approval #12). The report, as well as the final lInprovement plaN, shall be prepared and submitted to the city engineering division for review and approval prior to approval of the final mao. . EXHIBIT 0 7. All Phues. For each phase, the applicant shall have a revegetation plan and monitoring p~ prepared COnslSte.'\t with CDFG requ.iremenls re2arding oak habitat protection. 'The revegetation plan and monitoring program shall be preparid and implemented by a certified marls!, subject to review and approval by CDFG and the Gilroy Planning Division, and shall . include the following measures: . a. For each acre of oak habitat lost through development of the site, an appropriate number of acres of oak woodland habitat sliall be preserved on.sire. This ' number of acres shall be determined in consultation with the CDPG. J b. For each individual significant oak tree lost, as ,defined by the City's Consolidated Landscape Policy (six inches in dialIleler or ~ater as I!\easured 4.5 feet from the ground), the prOject site shall be revegetated at a three to one replacement ratio. Transplanting the oak . , saplings lost, as Identified above, may ce implemented as part of the revegetation plan, if deemed feasible by the certified arbonst. The r-evegetation plan and monitoring program shall be approved by CDFG and the Planning Division prior to approval of the final map for each applicable plia.se of tfi.e oroiect. . MMP-4 . ..-,. u_ _.' App~i.."', City~g OiVlSlon .~. EMC Planning Group Inc. ~~~jj\'~~~~l,~~;;!~(f.:1li\~+'liIi<~';'*~lll'l~,..j;i":~f~~~~~ii:?;f,~#~ <:"""'''',.'f,.:J;t,'ft'~'Crnmtry Estates Initial 5.,,"",.' ..,,',,' ,,',f';'t:"."' '.;,' ",y":,", ,""tF"'MWtiOll MOllito"".ll' P70!r"'m' ., ': ',',; '.'~: ,,' " " :'," , ' . '" , 8. All Phases. The apC"anl, for each phase of the Applicant O~.Pl.~ proposed project, s II contract witli a ~fied arborist to p~are a tree l,rotection plan which shall include, at lV1S1on a ~um, the lIowing components. . . a. During the preparation of more detailed grading and , improvement plans, the EKroject desiE; team will work with the Oty of Gilroy gineering 'vision stiff and the ~roject geob,chnic:al consuJtant to iden~ and imp ement engineering and infrastructure tee! alternatives in an effort to reduce grading'and preserve existing trees. b. All construction activity (grading, filling, pav~ and landscaping) shall restect a root protection zone Z) around all trees with inch diameter and ~ater as measured 4.5 feet above aver1r:: ~und. e RPZ shall be a distance of 1.0 IiII1es the rip' radius measured from the trunk of the tree. Exceptions to this standard could be considered OIl a case-b)>-case basis provided that it is demonstrated that an encroachment into the RPZ will not affect the root system or the health of the tree, and it is authori;ed by an arborist or tree specialist c, Tempora%;prolective fencing shall be installed around the 'pline,of existing trees prior,to commencement of any earthwork activities conducted within a sufficient distance from the tree's C3IlOpy, as determined by the arborist. The fencin~hall be clearly marked to prevent inadvertent encroa ent by machinery. Fencing shall be staked with steel posts and shall be at least four feet high and of a bright color (red or yellow). . d. Run-off will not be allowed to pond around the base of any tree. ' e. An arborist or qualified tree specialist shall be' retained to perform any necessary pruning of native trees during construction activity. , . f. Trenches which are rill\,uIred within the root RPZ of , existing native trees shall e bored or tunneled under the roots using an auger or drill, rather than trenched, to avoid root disturbance, Trenches will be located as far from the root protection zone as possible. g. Should utility line, encroach within the tree protection zone, a single, shared utility conduit shall be used where needed to avoid impacts to trees. h. Roots exposed as a result of construction activities shall be c;.overed with wet burlap to avoid desiccation a:nd shall be buried as soon as possible. i. Protection of existing native tree root zones in areas where roadways may compromise the health of the trees. t Construction materials or heavy equipment shall not e'stored within the root protection zone of existing trees. k. Construction materials shall be properly stored away from existing trees to avoid spillage or damage to trees. The tree wotection plan shall be subject to review and approva br the city Planning Division, prior to aoprovalo the final map. . " EMC Planning Group Inc. MMP-5 .,' ',>,'.','M.ti ationMo7utorm Pro ,-", -' '. ' '"., , """>,.,-,, " EstatesIn,tialStu 22 . , All Pha.... The applicant shall prepare' plaN fer the design of all relaininl! walls over feur feet high with each phase of the pn>ject Retaining walls fer roadways shall be granite faced and be designed to blend in with its surroundings. Retaining wallii on individual lots shall include a modular, or tetracing design to break up the appearance of a high retaining wall. As this ' terracing design wouid require more spaCe than one single wall, bUilding pads Will be located so as to accommodate the terraced retaining walls. AlI',relaining wall desiil"" will require landscaping to assist in blending In with the surrounding natural environment. Landscaping shall be completed at the time of retaining wall construction. The retaining wall plaN, fer each . phase, shall be s":hied to review and approval by the city planning divisIOn, prior to approval of the finaJ map for eac." phase. . A licant FP. atv.p~g DiVlSlon MMP-6 EMe Planning Group Inc. Phase IT Mitigations-Bundhl~,f~rfu!~.;\\; ';.i'i" " '"-":"""'>.t:<:4~,;.;~;TY_i:: ',~" - Prior to issuance of a Building Permit for Phase IT, the following Initigation measures shall be implemented: . . ,-,-.,.-..",.,,~<,,- 4. All Ph..... Applicants for development within the. proposed project area will be ~ to submit a Notice of Intent (NOl) to the Central Coast RWQCB prior to obtainin~ a grading pent1it from the city. This permit wiD reqwre devel~ment and implementation of a Storm Water Pollution Prevention Plari (SWPPP) that uses storm water "B..t Management Practices" to ' control runoff, erosion and sedimentation from the site. ' The SWPPP has two major objectives: (1) to help identify the sources of sediments and other pollutants that affect the quality of storm water discharges; and (2) to des~e and ensure the implementation of practices to reduce sediment and other pollutants in storm water ' discharges. The SWPPP must include Best Management Practices which address source reduction and, if necessary, shall include practices which require treatment. Inte~ to the NOI process is suomittal of e.'"1gineering designs; The SWPPP will be sub11"U1ted to the City Erigineerin~ Division for review and approval . rior to issuino: a btilldin ermil, , Applicant 'City 'Engineering , DivISion ' " Eiwe Planning Group Inc. MMP-7 ~~f;'~!;,~t:t:!~~~~~~'~~"~?~1f~~~ S. . , App~t City Building All Ph..... ~followlI1g control measures shall be inc,?rporated into any permits issued for ~ proposed Division prOJect: a. Water all active construction areas at least twice daily or more often as needed to preVent dust from becoming airborne and leaving the site. , . b. Cover all trucks hauling soil, sand, and other loose materials or r:';auire all truCks to maintain at least two feet of freeboar . .; c. Pave, applii water three times daily, or appl)' (non- toxic) soil sta ilizers on all unpaved access roads, ' parking areas and staging are~'at construction sites. d.. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites. e, Sweep streets dail)' (with water swee!,ers) if.visible soil material is camea onto adjacent puetic streets. f. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or ~ore). . g. Enclose, cover, water twice dail~ or app~ (non-toxic) soil binders to exposed stockpiles' dirt, san ,etc.) h. Limit traffic speeds on unpaved roads to IS mph. . . i. Install sandba~ or other erosion control measures to prevent. silt runo to public roadways. j, Re~lant vegetation in disturbed areas as quickly as 0551 Ie. . 20. Phase n. ~~licants for develo~ni.ent of homes on lots A!,!,llcants for City Planning 61,62,63, ,4,75,82,86, and 7 shall stake and flag indiviaual specified Division the outline of the proposed structure to determine if lots construction of the home wouid result in a silhouette against the skyline, as viewed from the valley floor. The staking and flagging shall be subject to review and approval by the city planning division and architectural review board prior to approval of architectural a)1d site reVIew. 24, All Phases. If archaeoJofucal resources or human Applicant City Planning remains are discovered uring construction, work shall Division be halted within 200 feet of the find until it can be evaluated ~ a qualified Ibrofessional archaeologist If the find is etermined to e s~ficant, appropriate miliFeation measures shall be onnulated and imp emented. This wording shall be incorporated into any permits issued for construction of the proposed proiec:. MMP-8 EMC Planning Group Inc, ~":.!,'.~" "', Phase II Mitigations-Construction A~vities . , -~~ ') Prior to Construction Activities for PhaSe iI, the following nutigation measures shall be implemented: 10. 9.. All Phases; A pre-conStruction breeding surveys for white-shouldered kite. Cooper's hawk and long-eared owl shall be contracteQ for by the applicant and conducted during the breeding season by a qualified wildlife biologist. The breeding seasons for these species are as follows: February through J~ for white- tailed kile and Ion -eared owl, April tfuou Jull' for Coofer's hawk. ~ctive nests are found, e applicant shal establish a lemporary 5OO.foot buffer around active nest sites within which no removal of vegetation, construction activities, steralle of construction materials or staging of e~uipmeI"\t sha . be permitted, until a qualified wildlife biologist has determined that the young have fledged. ' Pre-construction surveys would not be necessl2T1f if graiiing, tree remaoal and otlu!r activities requiring the = of heauy machinm; is nDt scheduled between February 1-July ,11. Construction activities ()Courring during this time period ~ expected to avoid disturbances to these special status birds. Once the pre-'Construction surveys are complele, the wildlife blOlogist shall prepare a written report of the findin~ and further recommendations. The report shall be subject to review and approval by the city PIal)ning Division prior to commencement of construction activities. ' All Phases. A Ere-construction breeding survey for loggerhead shrIke shall be contracted for by the . applicant and conducted during the breedmg season by a qualified wildlife biologist. The breeding season is frOm March I-August 1. If active nests are found, the applicant shall establish a le,,!porary ISO-foot buffer around active nest sites within whiCh no removal of vegetation, construction activities, stora~e of . construction materials .or staging of eqwpment shall be permitted, until a qualified wildlife biologist has determined that the young have fledged. . Pre~constTuction Sttroeys would not be necessary if~rading, tree removal and other actirJities requiring the use 0 he&l'rJy m(l(;hinery does not occur between Marcll1-July 1. Construction activities occurring during this time period are expected to avoid disturbances to tile shrike. Once the pre-'Construction surveys are complete. the wildlife biologist shall prepare a written report of the findin~s and further recommendations. The report shall be subject to review and approval by the city PlannIng Division prior to commencement of construction activities. , EjYIC Planning Group Inc. Applicant. City !'lanning . .. Divisi9n .' . Applicant City .PlannIng DIVISion MMP-9 11. All Pha.... A F!-C9l\Struction survey for pallid bat Ci~.P~g roosts shall be ccntracted lor by' the afcplicant and IvtS10n conducted by a qualified wildlife bio ogist prior to cons!ruction activities and during the period of March through October. If roost .ites are found, consult with a , bat specialist regarding the appropriate time to remove roost sites to avoid or mininuze mortalities. If a roost site is determined to be occu{'ied yeaNound and sc:hedulinJj. to avoid impacts IS not possible, methods to remove/ j;.lac)! bats prior to the removal of known roost sites s ould be implemented by a qualified bat specialist. In addition, an alternate roost site shall be constructed in tile vicinitJ:' of the known roost site. The specifications of the location 6f the altemateroost and construction stai"lards of the roost shall be determined by a bat specialist r . Once the Fire-construCtion surveys are complete, the wild ife biolo~st (or bat specialist) shall prepare a written r"tl:rt of t e finc;l.ings and further re<:ommendations. e 'Ptort shall be subject to review and approval by the city anning Division prior to commencement of construction activities. 12- All Phases. Except lor fire control maintenance Applicant Ci~ Plannin ... g practices necessitated by state and local agencies, oak IV1S1on tree and understory vefltation removaI outside of the immediate periphery 0 buildint;'nvelopes shall not be permitted oX homeowners. All ture homeowners shall be notified of this limitation. This mitigation shall be enlorced bv the city Plannin Division. 13. All Phase.. Recreational vehicles and bicycles shall not Applicant Ci~ra:mIng be permitted in open space areas and conservation V1S1on easements. The applicant shall lIost all-weather si5"!' to indicate this restriction and sha barnade the pen~he2' of such open space wherever it is needed and to ub 01 the intent of this mitigation. This mi~tion shall e implemented by the applicant, and orced by the city Planning Divis.on, immediately upon approval of the tentative map for the lot or lots that contain open space and conservation easements. 14, All Phases. The ~plicant shall incorporate the use of Applicant City street lighting wi opaque shields to reduce . En~eering illumination of the surrounding landscape, No lighting ivision shall be directed towards ~en space areas and conservation easements. .s measure is intended to reduce the adverse effects of night li~hting on sensitive nocturnal wildlife. This measure slta 1 be sub~ to review and a. roval by. the city En . eerin ivision. 15. All Phases. Install wildlife crossing s~ on prohect . Applicant C"ty En" . roads. This measure is intended to re uce marta "ties to ~~g wildiife resulting from vehicular traffif. Precise IV1S1on locations shall be determine in consultation with a 'l.ualified wildlife biologist, subject to approval by the CIty Engineering Division. . MMP-10 EMC Planning Group Inc. . . I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certity that the attached Resolution No. 99-20 is an original resolution, duly adopted by the Council ofthe City of Gilroy at a regular meeting of said Council held on the 1st day of March, 1999, 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 5th day of March, 1999, (Seal)