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Resolution 2001-51 Resolution No. 2001-51 RESOLUTION NO. 2001-51 A RESOLUTION OF THE CITY COUNCIL OF GILROY APPROVING APPLICATION M 01-02, THE GILROY WATER TANK PROJECT LOCATED ON THE SOUTHWEST CORNER OF SANTA TERESA BOULEVARD AND MILLER AVENUE, APN 810-39-001. WHEREAS, the City of Gilroy ("Applicant") submitted application M 01-02 to construct a five million gallon concrete water tank adjacent to an existing two million gallon metal water tank located on the southwest comer of Santa Teresa Boulevard and Miller Avenue; and WHEREAS, the City Council held a duly noticed public hearing on July 16, 2001, at which time the City Council considered the public testimony, and all other documentation related to application M 01-02; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council adopted a Negative Declaration on July 16, 2001 in connection with application M 01- 02, finding that the Negative Declaration was completed in compliance with CEQA, that it reflects the independent judgment of the City, and that there is no substantial evidence in the record that the project as mitigated 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. There is no substantial evidence in the record that this project as mitigated will have a significant effect on the environment. \CDS\523392.2 01~73004706002 -1- Resolution No. 2001-51 B. M 01-02 should be and hereby is approved subject to the six (6) mitigation measures set forth in the Negative Declaration, and subject to the Mitigation Monitoring Program, attached hereto respectively as Exhibit A and Exhibit B and incorporated herein by this reference. PASSED AND ADOPTED this 6th day of August, 2001, by the following vote: AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER NOES: COUCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ~....9~ o1.#t/Z... [ Rhonda Pellin, City Clerk APPROVED: Thomas ::1~:;or ~~ ICDS\523392.2 01-073004706002 -2- City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 (408) 846-0440 EXHIBIT A Community Development Department Planning Division NEGATIVE DECLARATION City File Number: M 01-02 Proiect DescriptiQn: Name QfProject: Nature Qf PrlIject: Gilroy Water Tank Construct a five million gallon concrete water tank adjacent to an existing 2 million gallon metal water tank. The need for this tank was forecast in the 1993 City of Gilroy, Water Master Plan, and is being financed in part by a State of California, Energy Conservation Grant. Proiect Location: Location: Southwest comer Santa Teresa Boulevard and Miller Avenue Assessor's Parcel Number: 810-39-001 Entity or Person(s) Undertakinl! PrQiect: Name: Address: City of Gilroy, Engineering Division 7351 Rosanna Street, Gilroy, CA 95020 Initial Studv: 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 Division, 7351 Rosanna Street, Gilroy, CA 95020. EXHIBIT A Gilroy Water Tank Negative Declaration 2 5/3010 1 Findiol!s & ReasQos: 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: 1. The proposal is a logical component of the 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 improvements. 3. The proposed project is consistent with the adopted goals and policies of the General Plan of the City of Gilroy. 4. City staff independently reviewed the Initial Study, and this Negative Declaration reflects the independent judgement ofthe City of Gilroy. 5. With the application of the following Mitigation Measures the proposed project will not have any significant impacts on the environment. Mitil!atiQo Measures: Aesthetics 1. In order to minimize the visual impacts of the proposed project, the water tank will be placed partially underground and the regraded area would be revegetated similar to its existing state with disturbed grassland habitat. Further, landscaping would be placed along the front of the water tank adjacent to Miller Avenue. The landscaping would minimize the view of the tank itself, much like the trees surrounding the existing adjacent water tank. With the proposed measures to screen the water tank, it is expected that the project would not dominate the viewshed. Gilroy Water Tank Negative Declaration 3 5/30/0 t Air Quality 2. In order to ensure that construction related emISSIons remain less than significant, the following construction practices would be implemented during all phases of construction on the project site except when it is raining: · Water all active construction areas at least twice daily or as often as needed to control dust emissions. · Cover all trucks hauling soil, sand, and other loose materials or ensure that all trucks hauling such materials maintain at least two feet of freeboard. · Pave, apply water three times daily or as often as necessary to control dust, or apply non-toxic soil stabilizers on all unpaved access roads, parking areas and staging areas at construction areas. · Sweep daily or as often as needed with water sweepers all paved access roads, parking areas and staging areas at construction sites to control dust. · Sweep public streets daily or as often as needed to keep streets free of visible soil material. · Hydroseed or apply non-toxic soil stabilizers to inactive construction areas. . Enclose, cover, water twice daily or apply non-toxic soil binders to exposed stockpiles (dirt, sand, etc.). . Limit vehicle traffic speeds on unpaved roads to 15 mph. · Install sandbags or other erosion control measures to prevent silt runoff onto public roadways. . Replant vegetation in disturbed areas as quickly as possible. Biolol!V 3. In order to avoid potential impacts to the California tiger salamander, all construction-related activity and disturbance would be limited to below the 378' contour line and within the limits of disturbance line indicated in Figure 3 of this initial study. Hand excavation of onsite burrows prior to grading would ensure that if salamanders are found on the project site, they would not be destroyed. Rocks and boulders in the area to be graded would be hand excavated, and if necessary, may be removed with a small backhoe or light equipment. All grading would be monitored by a qualified herpetologist with experience with the California tiger salamander. If a salamander is found onsite, all grading would stop and the salamander would be relocated by the herpetologist, consistent with the existing California Tiger Salamander Management Plan for this area. Cultural Resources 4. If archaeological resources or human remains are discovered during construction, work shall be halted at a minimum of200 feet from the find and the area shall be staked off. The project developer shall notify a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. Gilroy Water Tank Negative Declaration 4 5/30/01 5. If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area 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 descendant (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or their authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 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. GeQIQl!V 6. Geologic conditions on the project site will require that foundation design and construction conform to site specific recommendations of a geotechnical report and in conformance with UBC standards for Seismic Zone 4. Date Prepared: May 30, 2001 End of Review Period: July 5, 2001 Date Adopted by City Council: William Faus Planning Division Manager EXHIBIT B GILROY WATER TANK ~GATIONMONITOmNGPROGRAM Introductioo On January 1,1989, the California State Legislature passed into law Assembly Bill 3180. This bill requires public agencies to adopt reporting or monitoring programs when they approve projects subject to an environmental impact report or a negative declaration that includes mitigation measures to avoid significant adverse environmental effects. The reporting or monitoring program is to be designed to ensure compliance with conditions of project approval during project implementation in order to avoid significant adverse environmental effects. The law was passed in response to historic non-implementation of mitigation measures presented in environmental documents and subsequently adopted as conditions of project approval. In addition, monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures. A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measure's compliance. This monitoring program is designed to provide a mechanism to ensure that mitigation measures and subsequent conditions of project approval are implemented. Monitoring PrQgram The basis for this monitoring program is the mitigation measures included in this initial study. These mitigation measures are designed to eliminate or reduce significant adverse environmental effects to less- than-significant levels. These mitigation measures become conditions of project approval which the project proponent is required to complete during and after implementation of the proposed project. The attached checklist is proposed for monitoring the implementation of the mitigation measures. This monitoring checklist contains all appropriate mitigation measures on this initial study. MQnitQring Program Procedures It is required that the City of Gilroy use the attached monitoring checklist for the proposed project. The monitoring program should be implemented as follows: 1. The Gilroy Planning Division should be responsible for coordination of the monitoring program, including the monitoring checklist. The Planning Division should be responsible for completing the monitoring checklist and distributing the checklist to the responsible individuals or agencies for their use in monitoring the mitigation measures. CiIy of Gilroy Gilroy WaIer Tank Mitigation and Monitoring Program May 2001 EXHIBIT B 2. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring checklist have been complied with. Once all mitigation measures have been complied with, the responsible individual or agency should submit a copy of the monitoring checklist to the Planning Division to be placed in the project file. If the mitigation measure has not been complied with, the monitoring checklist should not be returned to the Planning Division. 3. If a responsible individual or agency determines that a non-compliance has occurred, a written notice shall be delivered to the project proponent within 10 days, with a copy to the Planning Division, describing the non-compliance and requiring compliance within a specified period of time. City of Gilroy Gilroy Water Tank Mitigation and Monitoring Program May 2001 2 II II II . ..~ 11 . . . JI . II . II . . . J . MITIGATION MONITORING AND REPORTING PROGRAM GILROY WATER TANK PROJECT Mitigation Mitigation Party Party Date Measure Responsible for Responsible for Completed Number ImDlementation Monitorinl! Aesthetics 1 The area surrounding the water tank shall Construction Planning be regraded and revegetated similar to its Contractor and Division existing state with disturbed grassland City Engineer habitat. Landscaping shall be placed along the front of the water tank adjacent to Miller Avenue. Air Quality 2 During project excavation and grading, Construction Engineering water trucks will sprinkle unpaved Contractor and Division construction areas and access roads with City Engineer non-potable water as often as needed to keep soil moist and control dust. All trucks hauling soil will be covered. In addition, ) public streets will be swept daily or as often as needed to keep streets free of visible soil material. Vegetation will be replanted as soon as Dossible after construction. Biology 3 All construction-related . . and Construction Planning aCtIVIty disturbance is to be limited to below the Contractor and Division 378' contour line and within the limits of City Engineer the disturbance line indicated in figure 3 of the Initial Study for this project. Prior to grading, rodent burrows on the project site will be hand excavated, and rocks and boulders removed with a small backhoe or other light equipment. All grading is to be monitored by a qualified herpetologist. In the event a salamander is found on the site, it would be relocated by the herpetologist, consistent with the California Tiger Salamander Management Plan for the area. City of Gilroy Gilroy Water Tank 3 Mitigation and Monitoring Program May 200 I Mitigation Measure Number 4, 5 6 City of Gilroy Gilroy Water Tank MITIGATION MONITORING AND REPORTING PROGRAM GILROY WATER TANK PROJECT Mitigation Party Responsible for 1m lementation Cultural Resources If archaeological resources or human Construction remains are discovered during construction, Contractor and work shall be halted at a minimum of 200 City Engineer feet from the find and the area shall be staked off. The project developer shall notify a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and im lemented. Geology Geologic conditions on the project site will Construction require that foundation design and Contractor and construction conform to site specific City Engineer recommendations of a geotechnical report and in conformance with UBC standards for Seismic Zone 4. Party Responsible for Monitorin Planning Division Engineering Division Date Completed 4 Mitigation and Monitoring Program May 2001 I I ~ ~ IJ II tI MI ~ ~ I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached Resolution No. 2001-51 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 6th day of August, 2001, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 8th day of August, 2001. (Seal)