Resolution 1999-29
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RESOLUTION NO. 99-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TM 98-12, A TENTATIVE MAP WITH
NINETEEN INDUSTRIAL LOTS ON APPROXIMATELY 20,4
ACRES LOCATED ON THE WEST SIDE OF FOREST STREET,
AT THE TERMINUS OF YAMANE DRNE, APN's 835-01-056,
835-02-053 AND 835-02-054
WHEREAS, Robert Kishimura and Albert Fortino ("Applicants") submitted TM 98-12,
requesting a Tentative Map to subdivide an 20.4 acre parcel into nineteen industrial lots; and
WHEREAS, the property affected by TM 98-12 is located on the west side of Forest
Street at the terminus of Yamane Drive, as described in Exhibit A attached hereto; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), an Initial
Study was prepared for this project which identified potentially significant effects on the
environment, and the Applicants included certain mitigation in the project and have 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 eleven (11)
mitigation measures was circulated in conjunction with this application; and
WHEREAS, the Planning Commission held a duly noticed public hearing on March 4,
1999, at which it considered this project and voted to recommend approval of the mitigated
Negative Declaration and TM 98-12 to the City Council; and
WHEREAS, the City Council held a duly noticed public hearing on March 15, 1999, at
which time the City Council considered the public testimony, the Staff Report dated February 11,
1999, and all other documentation related to application TM 98-12; and
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RESOLUTION NO. 99-29
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WHEREAS, the City Council on March 15, 1999, adopted the mitigated 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
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 RESOLVED THAT:
A. The City Council finds as follows:
1. The project is consistent with the site's land use designation on the General
Plan map, and with the intent of the General Plan text.
2. The project is consistent with the Zoning Ordinance, 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 Government Code section 66474.
B. Tentative Map TM 98-12 should be and hereby is approved subject to:
1. The eighteen (18) conditions identified in the Staff Report dated February
11, 1999, attached hereto as Exhibit B, and incorporated herein by this reference.
2. The mitigation measures set forth in the Negative Declaration and the
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RESOLUTION NO. 99-29
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mitigation/monitoring program, attached hereto as Exhibit C and incorporated
herein by this reference.
PASSED AND ADOPTED this 51b day of April, 1999 by the following vote:
ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL and GILROY
NOES: COUNCILMEMBERS: NONE
AYES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS: NONE
ATTEST: ~ 12/
/'7. /
~w~1~'
Rhonda Pellin, City Clerk
APPROVED:
t.h,ltU~
K.A. Mike Gilroy, Mayor \
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RESOLUTION NO. 99-29
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EXHIBIT A
LOCATION MAP FOR TM 98-12
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Community Development Department
Planning Division
Staff Report
File Number: TM 98-12
Applicant: Robert Kishimura and Albert Fortino
Location: West side of Forest Street, at the terminus of Yamane Drive
Staff Planner: Melissa Durkin
REQIJRSTED ACTION:
Approval of a tentative map for a subdivision of 19 industrial lots.
DESCRIPTION OF PROPERTY:
Parcel Number:
Parcel Size:
Flood Zone:
835-01-056,835-02-053 and -054
20.4 acres
"X", Panel # 060 340 00010, Panel Date: 8/17/98
STATlJS OF PROPERTY:
Rxi.ting Land TT.e
Undeveloped/Sing. Fam. Home
General Plan Oe.ignation
Industrial Park
STATlJS OF SlJRROlJNDlNG PROPERTY:
Rxi.ting T ,and T r.e
N: Agricultural
S: Industrial Development
E: Industrial Development
W: Train Tracksl Commercial
General Plan Oe.ignation
Industrial Park
Industrial Park
Industrial Park
General Services Commercial
EXHIBIT B
February 11, 1999
Zoning
MI
Zoning
Ml
MI
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eM
2/11/99
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TM 98-12
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C.ONFORMANCR OF RRQIJRST WITH GRNRRAL PLAN:
The proposed project conforms to the land use designation for the property on the General Plan map,
and is consistent with the intent of the text of the General Plan document.
This project conforms with the policies of Gilroy's General Plan. The following examples
demonstrate this compliance:
Urban Development and Community Design (Section II):
Policy 3: "Urban Development will only occur within the incorporated portion of the Planning
. Area. Land will therefore be annexed to the City before final development approval is
given. "
The proposed project is in conformance with this policy, because this land has been
within City limits for many years.
Policy 4: "The City will phase development in an orderly, contiguous manner in order to maintain
a compact development pattern to avoid premature investment for the extension of public
facilities and services. New urban development will occur in areas where municipal
services are available and capacity exists prior to the approval of development in areas
which would require mqjor new facility expansion. "
The proposed project is in conformance with this policy, because this property is
surrounded by developed industrial property to the east and south, a farm to the north, and
develOped commercial uses to the west. Municipal services are currently available at this
site.
RNVIRONMRNTAL IMPACTS:
NEGATIVE DECLARATION
An expanded Initial Study has been prepared for this project. The study identified potentially
significant effects on the environment, however, the applicant has agreed to individual mitigation
measures which will avoid or mitigate the effects to a point where no significant impacts will occur.
A Negative Declaration with 11 mitigation measures (see attached) has been prepared for this project.
ANALYSIS OF RRQIJRST:
The applicant is requesting Tentative Map approval to subdivide the subject site into 19 industrial lots.
The project site is located on the westerly side of Forest Street, at the terminus of Yamane Drive.
[Note: The current cul-de-sac on Yamane Drive will be abandoned, and the street will be extended.]
The proposed lots resulting from this subdivision will range in size from O. H acres to 2.3:10 acres.
Although there is no minimum lot size in the Ml zoning district, Staffhas generally found that lots
2/11/99
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TM 98-12
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of approximately one acre can accommodate most light industrial users. Staff does have some
concerns that the smaller lots in this subdivision may not be able to accommodate larger industrial
users.
The proposed map shows 19 rectangular-shaped lots, with access provided by Forest Street (a local
street), Yamane Drive (a local street), and two new local streets. The configuration of the parcels and
the streets in this project will allow easy access to the businesses that are developed in the future.
Eight lots on the west side of this subdivision will back up to the Union Pacific Rail Road tracks.
These tracks are travelled upon by hundreds of Cal Train passengers every day, and are considered
a scenic travel corridor. In an effort to insure that this transit corridor provides a pleasant visual
experience for train passengers, Staff will require a minimum five foot landscape setback against the
rear property line of these lots, and architecturally enhanced rear building facades.
The street alignments are consistent with minimum City development standards, and the lots in this
subdivision meet minimum lot size requirements.
STAFF RRCOMMRNDA nON
Staff recommends that the Planning Commission forward a recommendation of APPROVAl. of this
request to the City Council for the following reasons:
A. The project proposal is consistent with the land use designation of the City's General Plan Land
Use Map;
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 development is consistent with the Zoning Ordinance, the City's Subdivision and
Land Development Code, and the State Subdivision Map Act;
D. Public utilities and infrastructure improvements needed in order to serve the proposed project are
adjacent to the project site; and
E. There will be no significant environmental impacts as a result of this project due to the required
mitigation measures to be applied.
In addition, Staff recommends the following conditions he placed on the approval of this request:
1. Mitigation Measures I through II 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 the California Environmental
Quality Act (CEQA), subject to the review and approval of the Planning Division.
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TM 98-12
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2/11/99
2. Hydrant locations and water main sizing shall be subject to approval by the Building, Life and
Environmental Safety Division, prior to the issuance of any building pennits. The minimum fire
flow shall be 1000 gallons per minute.
3. Fire hydrants shall be installed and able to be opened prior to the start of combustible
construction, subject to approval by the Building, Life and Environmental Safety Division.
4. An all-weather fire access road shall be provided and maintained prior to commencement of
combustible construction (minimum 20 foot width), subject to approval by the Building, Life
and Environmental Safety Division.
5. Street improvements and the design of all storm drainage, sewer and water lines, and all street
sections and widths shall be subject to the review and approval of the Engineering Division.
6. All utilities to, through, and on the site shall be constructed underground, in accordance with
Municipal Code Section 21.120, subjecrto the review and approval of the Engineering Division.
7. All street improvements are to be done per City of Gilroy Standards, subject to the approval of
the City Engineer.
8. All retaining walls must be constructed of permanent materials such as concrete or masonry.
Wood shall not be pennitted. This shall be subject to the review and approval of the
Engineering Division.
9. All grading operations and soil compaction activities shall be per the approved soils report and
shall meet with the approval of the City Engineer. Grading plans shall show grades of all
adjacent properties, and shall be subject to the approval of the Engineering Division.
10. All lots shall drain to the street for storm drainage, subject to the review and approval of the
Engineering Division.
11. The developer shall negotiate rights-of-way with Pacific Gas and Electric and other utilities,
subject to review and approval by the Engineering Division and the utility companies.
12. All existing water wells shall be sealed to meet the approval of the City Engineer and the Santa
Clara Valley Water District (SCVWD).
13. All existing septic tanks shall be removed, subject to the review and approval of the Engineering
Division.
TM 98-12
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2/11/99
14. The subdivider shall defend, indemnify, and hold harmless the 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, agents, officers, or employees to attack, set
aside, void, or annul an approval of the City, City Council, Planning ~ornmission,or other
board, advisory 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.
15. Prior to City Council approval of the Final Tract Map and Improvement Plans, the following
items will need to be completed:
1. A signed original composite plan by the electrical design engineer shall be a part of the
improvement plans;
2. 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;
3. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the
City; and
4. The plan check and inspection fee for the utility underground work will be collected by the
City.
This shall be subject to review and approval by the Engineering Division.
16. The developer shall notify all future owners of lots that back up to the Union Pacific Rail Road
tracks that there shall be a required minimum five foot landscape setback against the rear
property line of these lots, and architecturally enhanced rear building facades. This shall be
subject to the review and approval of the Planning Division.
17. The final map shall show a ten foot public utility easement throughout this development, subject
to the review and approval of the Engineering Division, and Pacific Gas and Electric.
18. The existing gas facility on Yamane Drive shall be relocated to conform with the new street
alignment, subject to the review and approval of the Engineering Division, and Pacific Gas and
Electric.
Respectfully,
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William F aus
Planning Division Manager
3-4-99 At their meeting of March 4, 1999, the Planning Commission recommended approval of the
~edative Dec~aration, finding. that it was completed in compliance with CEQA, reflects the
~~ ependent J~dgment of the C~ty, and there is no substant~al evidence that the project
w~ll have a s~gnificant effect on tDe environm~nt. In adQition, the.Planning Commission
recommended approval of TM 98-12, w~th 18 cond~t~ons. Vo~ce Resolut~on 99-09.
Voice vote 6-0-2 Commissioner Collier absent)
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
(408) 848-0440
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Community Development Department
Planning Division
NEGATIVE
DECLARATION
City File Number: TM 98-12
Project Description:
Name of Project:
Nature of Project:
KishimuraIFortino Tentative Map
Request to subdivide a 20.4 acre site into 19 industrial lots
.fmject Locailim:
Location:
West of Forest Street, at the terminus of Yamane Drive
Assessor's Parcel Numbers: 835-01-031,835-02-001,002
Entity-Dr Person's) Undertaking Project:
Name:
Address:
Robert Kishimura
770 Mesa Road
Gilroy, CA 95020
Albert Fortino
P.O. Box 2330
Gilroy, CA 95021
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.
F.indings &RellS.ons:
The Initial Study identified potentially significant effects on the environment. However, this project
has been mitigated (see Mitigation Measures below which avoid or mitigate the effects) to a point
where no significant effects will occur. There is no substantial evidence the project may have a
significant effect on the environment. The following reasons will support these findings:
I. The proposal is a logical component of the existing land use of this area.
EXHIBIT C
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1/28/99
Negative Declaration
KishimuralFortino Tentative Map
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2. Identified adverse impacts are proposed to be mitigated through preparation of special studies,
and construction of off-site improvements.
3. The proposed project is consistent with the adopted goals and policies of the General Plan of
the City of Gilroy.
4. The Initial Study was independently reviewed by City staff, and this Negative Declaration
reflects the independent judgement of the City of Gilroy.
Mitigation Measures:
I. The following control measures shall be incorporated into any permits for development of the project
site:
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.
2, Field surveys shall be conducted at least four consecutive evenings by a qualified biologist to
determine if burrowing owls are present in the construction zone or within 250 feet of the construction
zone. These field surveys shall occur no earlier than 45 days and no later than 20 days prior to the
disturbance of the fallow agricultural land on the property, during the nesting and/or breeding season
of burrowing owls, which are potentially nesting in the area (February 1 through August 31) and/or
during the winter residency period (December 1 and January 31). The field survey results shall be
submitted to the California Department ofFish and Game for review and approval. If active nests are
found in within the survey area, a burrowing owl habitat mitigation plan shall be submitted to the
California Department of Fish and Game for review and approval. The burrowing owl habitat
mitigation plan shall contain mitigation measures contained in the California Department of Fish and
Game Staff Report on Burrowing Owl Mitigation (California Department ofFish and Game 1995).
Compliance with this mitigation measure may include, but not be limited to, the following:
a) Avoidance of occupied burrows during the nesting season (February I through August 31);
b) Acquisition, protection and funding for long-term management and monitoring of foraging habitat
adjacent to occupied habitat;
c) Enhancement of existing burrows and/or creation of new burrows;
d) Passive relocation of burrowing owls.
Negative Declaration
KishimuralFortino Tentative Map
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3. Prior to commencement of construction activities, a qualified biologist shall inform workers of the
potential presence of the all special-status species, their protected status, work boundaries, and
measures to be implemented to avoid loss of these species during construction activities.
4. Prior to approval of the tentative map, the project proponent shall complete the following tasks:
a) Submit a Landscape Plan, for review and approval by the Planning Division, indicating the
location, size and species of trees found within the project site boundaries. Indicate which trees
are planned for removal.
b) The city shall determine which trees, if any, are "significant." If the city determines that
significant trees will be retained, the Landscape Plan shall indicate which trees are to be retained.
During construction of the proposed project, the following measures will occur: I) Significant
trees shall be fenced prior to grading activities to prevent root damage. The fencing shall, at
minimum, conform to the dripline of the tree. A radius of one to 1.5 feet per inch diameter is
desirable; and, 2) Construction vehicles shall be routed around the dripline of the tree.
If this is not feasible, then the project developer shall hire a certified arborist to prepare a mitigation
plan for review and approval by the Gilroy Planning Division.
5. Due to the possibility that significant buried cultural resources might be found during construction,
the following language shall be included in all permits issued for the project site, including, but not
limited to building permits for the future development, pursuant to the review and approval of the City
Planning Division:
"If archaeological resources or human remains are discovered during construction, work shall be halted
at a minimum of 200 feet from the find until it can be evaluated by a qualified professional
archaeologist. If the fmd is determined to be significant, appropriate mitigation measures shall be
formulated and implemented."
6. In the event of an accidental discovery or recognition of any human remains in any location other than
a dedicated cemetery, the following language shall be included in all permits issued for the project site
in accordance with CEQA Guidelines section 15064.5 (e), including, but not limited to building
permits for future development of all lots in the subdivision, pursuant to review and approval of the
City Planning Division:
Ifhuman remains are found during construction there shall be no further excavation or disturbance of
the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner
of Santa Clara County is contacted to determine that no investigation of the cause of death is required.
If the coroner determines the remains to be Native American the coroner shall contact the Native
American Heritage Commission within 24 hours. The Native American Heritage Commission shall
identify the person or persons it believes to be the most likely descendent from the deceased Native
American. The most likely descendent may then make recommendations to the landowner or the
person responsible for the excavation work, for means of treating or disposing of, with appropriate
.
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Negative Declaration
Kishimura/Fortino Tentative Map
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1/28/99
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 most
likely descendent or the most likely descendent failed to make a recommendation within 24 hours after
being notified by the commission; b) the descendent 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.
7. A soils investigation shall be prepared for the project by a qualified soils engineer. The
recommendation of the soils investigation shall be incorporated into the [mal map and shall be
reviewed and approved by the Gilroy Engineering Division prior to approval of the [mal map.
8, The following language shall be included,. but not limited to grading permits for the future
development, pursuant to the review and approval of the Gilroy Planning Division:
a) Remove existing vegetation only when absolutely necessary;
b) Protect downslope drainage courses, streams, and storm drains with hay bales or temporary
drainage swales;
c) Use check dams or ditches to divert runoff around excavations;
d) Cover stockpiles and excavated soil with secured tarps or plastic sheeting; and/or
e) Schedule excavation and grading work for dry weather.
9. The project proponent, and any future users of the project site, are required to operate in accordance
with the regulations of the City of Gilroy Chemical Control Division and the City of Gilroy Fire
Department. Prior to commencing operations, the property operator is required to submit information
on all hazardous chemicals to be stored and all processes to be conducted at the project site to the City
of Gilroy Chemical Control Division, for review and approval. Both the Chemical Control Division
and the City of Gilroy Fire Department are responsible for inspections and enforcement. Hazardous
waste transport, recycling, processing and storage facilities must comply with the County of Santa
Clara Hazardous Waste Management Plan. The storage of more than 55 gallons of anyone hazardous
material listed in the City's adopted Hazardous Materials Storage Ordinance shall require issuance of
a conditional use permit. Such conditional use permit shall be valid for no more than one year at a
time, but may be renewed on an annual basis by the Planning Director. If the Planning Director
determines that there have been no known problems in relation to the storage of hazardous materials
on the site, the renewal may be granted. If the Planning Director determines that there have been such
problems, the use permit shall become void until or unless the determination is successfully appealed
or a new conditional use permit is obtained. No quantity greater than 55 gallons of any material listed
in the City's adopted Hazardous Materials Storage Ordinance shall be stored within 400 feet of any
residential zoning district of water well of the City of Gilroy.
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Negative Declaration
KishimuraIFortino Tentative Map
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1/28/99
10. The design and construction of all storm drainage improvements serving the proposed project site shall
be provided by the project developer, and will be subject to review and approval by the Gilroy
Engineering Division prior to approval of the final map. The design of storm drainage improvements
shall include adequate pollution control measures to reduce polluting downstream water systems.
11. The following language shall be included on any permits issued for the proposed project, including,
but not limited to, building permits for the future development of the industrial subdivision:
"All noise generating construction activities shall be limited to weekdays between 7 AM and 7 PM,
to Saturdays and City holidays between 9 AM and 7 PM. No construction is allowed on Sundays."
Date Prepared: January 28, 1999
End of Review Period: February 22, 1999
City Council Approval Date:
William Faus
Planning Services Manager
4
Prior to approval of the tentative map, the project
proponent shall complete the following tasks:
Developer
Gilroy
Planning
Division
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Mitigation Monitoring Checklist A
Prior to approval of the tentative map, the following mitigation measures shall be implemented:
. Submit a Landscape Plan, for review and
approval by the Planning Division, indicating
the location, size and species of trees found
within the project site boundaries. Indicate
which trees are planned for removal.
. The city shall determine which trees, if any, are
"significant." If the city determines that
significant trees will be retained, the Landscape
Plan shall indicate which trees are to be
retained. During construction of the proposed
project, the following measures will occur: 1)
Significant trees shall be fenced prior to
grading activities to prevent root damage. The
fencing shall, at minimum, conform to the
dripline of the tree. A radius of one to 1.5 feet
per inch diameter is desirable; and, 2)
Construction vehicles shall be routed around
the drip line of the tree.
If this is not feasible, then the project developer
shall hire a certified arborist to prepare a
mitigation plan for review and approval by the
Gilroy Planning Division.
Forest Street Industrial Subdivision Mitigation Monitoring Program
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Mitigation Monitoring Checklist B
Prior to approval of the final map, the following mitigation measures shall be implemented:
:partY ;5'
ponsible.
'.for' '" :,
onitoring ,
7
A soils inveStigation shall be prepared for the
project by a qualified soils engineer. The
recommendation of the soils investigation shall
be incorporated into the final map and shall be
reviewed and approved by the Gilroy
Engineering Division prior to approval of the
final map.
Developer
Gilroy
Engineering
Division
10
The design and construction of all storm drainage
improvements serving the proposed project site
shall be provided by the project developer, and
will be subject to review and approval by the
Gilroy Engineering Division prior to approval of
the final map. The design of storm drainage
improvements shall include adequate pollution
control measures to reduce polluting
downstream water systems.
Developer
Gilroy
Engineering
Division
Forest Street Il1dustrial Subdivision Mitigation Monitoring Program
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Forest Street IndustriJll Subdivision Mitigation Monitoring Program
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Mitigation Monitoring Checklist C
Prior to issuance of the building permit and construction at the project site, the following mitigation
measures shall be implemented:
1
The following control measures shall be
incorporated into any permits with development
of the project site:
Developer
Gilroy
Planning
Division
1) Water all active construction areas at least
twice daily.
2) Cover all trucks hauling soil, sand, and other
loose materials or require all trucks to
maintain at least two feet of freeboard.
3) Pave, apply water three times dally, or apply
(non-toxic) soil stabilizers on all unpaved
access roads, parking areas and staging areas
at construction sites.
4) Sweep daily (with water sweepers) all paved
access roads, parking areas and staging areas
at construction sites.
5) Sweep streets daily (with water sweepers) if
visible soil material is carried onto adjacent
public streets,
.......,......-----.--.~ n.._._~._~~~_' '__._~T_~_~. .~.-
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2 Field surveys shall be conducted at least four Developer Gilroy
consecutive evenings by a qualified biologist to Planning
determine if burrowing owls are present in the Division
construction zone or within 250 feet of the
construction zone, These field surveys shall
OCcur no earlier than 45 days and no later than 20
days prior to the disturbance of the fallow
agricultural land on the property, during the
nesting and/ or breeding season of burrowing
owls, which are potentially nesting in the area
(February 1 through August 31) and/or during
the winter residency period (December 1 and
January 31). The field survey results shall be
submitted to the California Department of Fish
and Game for review and approval. If active
nests are found in within the survey area, a
burrowing owl habitat mitigation plan shall be
submitted to the CalifOrnia Department of Fish
and Game for review and approval. The
burrowing owl habitat mitigation plan shall
contain mitigation measures contained in the
California Department of Fish and Game Staff
Report on Burrowing Owl Mitigation (California
Department of Fish and Game 1995). Compliance
with this mitigation measure may include, but
not be limited to, the following:
1) Avoidance of occupied burrows during the
nesting season (February 1 through August
31);
2) Acquisition, protection and funding for long-
term management and monitoring of
foraging habitat adjacent to occupied
habitat;
3) Enhancement of existing burrows and/ or
creation of new burrows;
4) Passive relocation of burrowing owls.
3 Prior to commencement of construction activities, Developer Gilroy
a qualified biologist shall inform workers of the Planning
potential presence of the all special-status species, Division
their protected status, work boundaries, and
measures to be implemented to avoid loss of
these species durin!'; construction activities.
Forest Street Industrial Subdivision Mitigation Monitoring Program
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5 Due to the possibility that significant buried Developer Gilroy
cultural resources might be found during Planning
construction, the following language shall be Division
included in all permits issued for the project site,
including, but not limited to building permits for
the future development, pursuant to the review
and approval of the City Planning Division:
"If archaeological resources or human remains
are discovered during construction, work shall
be halted at a minimum of 200 feet from the
find and,the area shall be staked off. The
project developer shall notify the coroner or the
Director of the Archaeological Regional
Research Center. If the find is determined to be
significant, appropriate mitigation measures
shall be formulated and imolemented."
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6 In the event of an accidental discovery or Developer Gilroy
recognition of any human remains in any location Planning
other than a dedicated cemetery, the following Division
language shall be included in all permits issued
for the project site in accordance with CEQA
Guidelines section 15064.5 (e), including, but not
limited to building permits for future
development of all lots in the subdivision,
pursuant to review and approval of the City
Planning Division:
If human remains are found during
'construction there shall be no further
excavation or disturbance of the site or any
nearby area reasonably suspected to overlie
adjacent human remains until the coroner of
Santa Clara County is contacted to determine
that no investigation of the cause of death is
required. If the coroner determines the remains
to be Native American the coroner shall contact
the Native American Heritage Commission
within 24 hours. The Native American
Heritage Commission shall identify the person
or persons it believes to be the most likely
descendent from the deceased Native
American. The most likely descendent 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 most likely descendent or
the most likely descendent failed to make a
recommendation within 24 hours after being
notified by the commission; b) the descendent
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.
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8 The following language shall be included, but not Developer Gilroy
limited to grading permits for the future Planning
development, pursuant to the review and Division
approval of the Gilroy Planning Division:
. Remove existing vegetation only when
absolutely necessary;
. Protect downslope drainage courses, streams,
and storm drains with hay bales or temporary
drainage swales;
. Use check dams or ditches to divert runoff
around excavations;
. Cover stockpiles and excavated soil with
secured tarps or plastic sheeting; and/or
. Schedule excavation and grading work for dry
weather,
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9 The project proponent, and any future users of the Developer Gilroy
project site, are required to operate in accordance Planning
with the regulations of the Oty of Gilroy Chemical Division
Control Division and the City of Gilroy Fire
Department. Prior to COmmencing operations, the Gilroy
property operator is required to submit Chemical
information on all hazardous chemicals to be Control
stored and all processes to be conducted at the Division
project site to the City of Gilroy Chemical Control
Division, for review and approval Both the Gilroy Fire
Chemical Control Division and the Oty of Gilroy Department
Fire Department are responsible for inspections
and enforcement. Hazardous waste transport,
recycling, processing and storage facilities must
comply with the County of Santa Oara Hazardous
Waste Management Plan. The storage of more
than 55 gallons of anyone hazardous material
listed in the City's adopted Hazardous Materials
Storage Ordinance shall require issuance of a
conditional use permit. Such conditional use
permit shall be valid for no more than one year at
a time, but may be renewed on an annual basis by
the Planning Director, If the Planning Director
determines that there have been no known
problems in relation to the storage of hazardous
materials on the site, the renewal may be granted.
If the Planning Director determines that there have
been such problems, the use permit shall become
void until or unless the determination is
successfully appealed or a new conditional use
permit is obtained. No quantity greater than 55
gallons of any material listed in the Oty's adopted
Hazardous Materials Storage Ordinance shall be
stored within 400 feet of any residential zoning
district of water well of the City of Gilroy.
11 The follOWing language shall be included on any Developer Gilroy
permits issued for the proposed project, Planning
including, but not limited to, building permits for Division
the future development of the industrial
subdivision:
"All noise generating construction activities
shall be limited to weekdays between 7 AM
and 7 PM, to Saturdays and Oty holidays
between 9 AM and 7 PM, No construction is
allowed on Sundays."
Forest Street Industrial Subdivision Mitigation Monitoring Program
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 99-29 is an original resolution, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 5th day of April, 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 9th day of April, 1999.
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City Clerk of the City of Gilroy
(Seal)