Resolution 2002-06
RESOLUTION NO. 2002-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TM 00-04, A TENTATNE MAP TO
SUBDNIDE AN APPROXIMATELY 4.81 ACRE SITE INTO 12
RESIDENTIAL LOTS LOCATED SOUTH OF SUNRISE
DRIVE, WEST OF SANTA TERESA BOULEVARD, APN 783-
20-044.
WHEREAS, Pinn Brothers Construction Inc., the applicant, submitted TM 00-04,
requesting a Tentative Map to subdivide an approximately 8.41 acre site into twelve (12)
residential lots; and
WHEREAS, the property affected by TM 00-04 is located south of Sunrise Drive, west of
Santa Teresa BOu1evard, APN 783-20-044; and
WHEREAS pursuant to the California Environmental Quality Act (CEQA), the City
Council adopted a Negative Declaration on December 17, 2001, 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 Plarming Commission reviewed application TM 00-04 at a duly noticed
public hearing on December 6, 2001, and recommended that the City Council approve said
application; and
WHEREAS, the City Council held a duly noticed public hearing on December 17, 2001
at which time the City Council considered the public testimony, the Staff Report dated
"REVISED November 27, 2001," and all other documentation related to application TM 00-
04; 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.
ICDS\538187.1
05-122004706002
-1-
RESOLUTION NO. 2002-06
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council finds as follows:
1. The project is consistent with the land use designation and relevant
policies of the General Plan.
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.
4. There is no substantial evidence in the record that this project as mitigated
will have a significant effect on the environment.
B. Tentative Map TM 00-04 should be and hereby is approved, subject to:
1. The twenty-two (22) conditions described in the Staff Report.
2. The nine (9) mitigation measures set forth in the Negative Declaration and
the MitigationIMonitoring Program, attached hereto as Exhibit A and incorporated
herein by this reference.
PASSED AND ADOPTED this 7th day of January, 2002 by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, DILLON, MORALES,
PINHEIRO, VELASCO and SPRINGER
NONE
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
GARTMAN
APPROVED:
ATT~-)
<.~:lc:~d~~-4- '
Rhonda Pellin, City Clerk
\CDS\538187.1
05-122004706002
-1-
RESOLUTION NO. 2002-06
EXHIBIT A
Community Development Department
Planning Division (408) 846-0440
Staff Report
Revised December 6, 2001
FILE NUMBERS: TM 00-04
APPLICANT: Pinn Brothers Construction, Inc. (c/o Rob Peterson, (408) 252-9131)
LOCATION: South of Sunrise Drive, west of Santa Teresa Boulevard
DESCRIPTION: Tentative Map for a twelve-lot residential subdivision
STAFF PLANNER: Melissa Durkin (mdurkin(a)ci.gilrov.ca.us)
REQUESTED ACTIONS:
TM 00-04 Tentative Map request to subdivide a 4.81::1: acre site into 12 residential lots.
Staff recommends approval of this request with 22 conditions
DESCRIPTION OF PROPERTY:
Parcel No.:
Parcel Size:
Flood Zone:
783-20-044
4.81:1: acres
"X," Panel # 0603400001 D, Date: 8/17/98
STATUS OF PROPERTY:
Existing Land Use
Undeveloped
General Plan Designation
Low Density Residential
Zoning
Rl
STATUS OF SURROUNDING PROPERTY:
Existing Land Use
N: Undeveloped
S: Undeveloped
E: Single Family Home
W: Undeveloped
General Plan Designation
Low Density Residential
Low Den. Res., ParklPub. Fac.
Low Density Residential
Low Density Residential
Zoning
RI-PUD
PF/Rl
Rl
Rl
TM 00-04
2
Revised 11/27/0 I
CONFORMANCE OF REQUEST WITH GENERAL 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 ofthe General Plan Document. This project also conforms to 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. "
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
major new facility expansion.
The proposed project is in conformance with these policies because this property is surrounded by
developed and developing residential land, and municipal services are currently available nearby. In
addition, this property has been in City limits for many years.
ENVIRONMENTAL IMPACTS:
NEGATIVE DECLARATION
An expanded Initial Study has been prepared for this project. The Initial Study identified potentially
significant effects on the environment. However, the applicant has agreed to individual mitigation measures
that will avoid or mitigate the effects to a point where no significant impacts will occur. Staff has prepared a
Negative Declaration with 9 mitigation measures for this project (see attachment). The Negative Declaration
must be adopted in order to approve this project. Staff has independently reviewed the Initial Study and has
found it to be in compliance with CEQA requirements.
RDO BACKGROUND:
This project consists of the development of 12 single-family residential lots. Prior to September 6, 2001,
Zoning Ordinance section 50.62 (b) (I) allowed projects that produced 12 residential units or fewer within a
three-year period to be exempt from the requirements of the Residential Development Ordinance. Althou2h
this Zonin2 Ordinance section has since been chan2ed, this Tentative Map was deemed complete while
the previous Ordinance was in effect. therefore it is eliltible to be processed under the provisions of that
previous Ordinance.
TM 00-04
3
Revised 11/27/01
ANALYSIS OF REQUEST:
This proposed Tentative Map will create 12 single-family lots and two remainder parcels on a site that totals
approximately 4.8 acres. The Tentative map indicates that, in the future, 10 additional lots may be created from
the remainder parcels; these lots would be subject to the Residential Development Ordinance requirements in
place at the time that subdivision is processed.
This site is abutted on the north and west sides by property that is currently in the subdivision process; on the
south side by a future City park and an undeveloped, but approved, subdivision; and to the east by a single-
family residential lot. Development of this site will result in the construction of 12 homes on lots that range in
size from 6,000 square feet to 12,968 square feet. The applicant will be required to process an Architectural &
Site Review application prior to constructing the homes.
Sunrise Drive (a collector street), Sprig Way, and a new cul-de-sac will provide primary access to these lots.
All of these streets will be publicly maintained.
The proposed subdivision is substantially consistent with the intent of the City's General Plan text. In
addition, the proposed subdivision is consistent with the State of California Subdivision Map Act and with the
City of Gilroy Zoning Ordinance, Subdivision and Land Development code, and the Residential Development
Ordinance that was in place at the time this map was deemed complete.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission take the following actions:
1. Recommend that the City Council adopt the Negative Declaration with 9 mitigation measures;
and
2. Recommend that the City Council Approve this Tentative Map request for the foUowing reasons:
A. The proposed Tentative Map is consistent with the intent of the goals and policies of the City's
General Plan document.
B. The proposed development is consistent with the Zoning Ordinance and the City's Subdivision
and Land Development Code.
C. Public utilities and infrastructure improvements needed in order to serve the proposed project are
in close proximity.
D. There will be no significant environmental impacts as a result of this project due to the required
mitigation measures to be applied.
E. The proposed project is consistent with surrounding development.
Staff recommends that the foUowin2 conditions be placed on the approval of this request:
Plannin2 Division (contact Melissa Durkin at 846-0440)
I. MITIGATION MEASURES #1 THROUGH #9, contained within the Negative Declaration for this
property shall be applied to the approval of the project in order to reduce and/or mitigate all potential
significant impacts to a level of insignificance, as required under the California Environmental Quality
Act (CEQA). This shall be subject to the review and approval of the Plarming Division.
TM 00-04
4
Revised 11/27/0 I
2. 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, and employees to attack, set aside, void, or
annul an approval of the City, City Council, Planning Commission, or other board, advisory agency,
or legislative body concerning this subdivision. City will promptly notity the subdivider of any claim,
action, or proceeding against it, and will cooperate fully in the defense. This condition is imposed
pursuant to California Govemment Code Section 66474.9.
3. With the exception oflots that received an exemption from the application of the City's Residential
Development Ordinance (ROO) (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 development pursuant to the ROO.
4. Future homes developed within this subdivision shall be subject to the Architectural and Site Review
application process.
5. The developer shall disclose to every future homebuyerthat a City park will be constructed adjacent
to this site.
6. The developer shall disclose to the buyer of lot two that a paved Emergency Vehicle Access will be
developed adjacent to that lot.
7. The developer shall place a sign at the terminus of Sprig Way that discloses that this street will be
extended. In addition, the developer shall place a statement in the sales agreements for lots 1 through
5 and lots 10 through 12 disclosing that Sprig Way will be extended.
Ensdneerin2 Division (contact Kristi Abrams or Don Nunes at 846-0450)
8. 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.
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 ofthe Engineering Division.
10. 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 Engineering Division.
11. All utilities to, through, and on the site shall be constructed underground, in accordance with
Municipal Code Section 21.120, subject to the review and approval of Engineering Division.
12. All existing water wells shall be sealed to meet the approval of the City Engineer and the Santa Clara
Valley Water District (SCVWD).
TM 00-04
5
Revised 11/27/01
13. Prior to Final Map approval and approval of the 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.
D. The City will collect the plan check and inspection fee for the utility underground work.
14. Prior to any construction of the utilities in the field, the following will need to be supplied to the City:
A. A signed and PG&E-approved original electric plan.
B. A letter from the design Civil Engineer that states the electrical plan conforms to City Codes and
Standards, and to the approved subdivision improvement plans.
This shall be subject to review and approval by the Engineering Division.
15. All retaining walls must be constructed of permanent materials such as concrete or masonry, and
shall be of a modular design; wood shall not be permitted. This shall be subject to review and
approval by the Engineering Division.
16. All lots shall drain to the street for storm drainage, subject to the review and approval of the
Engineering Division.
17. The developer shall provide joint trench composite plans for the underground electrical, gas,
telephone, cable television, and communication conduits and cables including the size, location and
details of all trenches, locations of building utility service stubs and meters and placements or
arrangements of junction structures as a part of the Improvement Plan submittals for the project. The
composite drawings and/or utility improvement plans shall be signed by a licensed civil engineer.
This shall be subject to the approval of the Engineering Division.
18. 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.
19. Address all comments contained within the December 6, 2001 Engineering Division memorandum
(attached).
Fire Department (contact Rodger Maggio at 846-0430)
20. The Building, Life, and Environmental Safety Division shall approve all hydrant locations and water
main sizing prior to building permit issuance. Equipment and staffing shall be provided for watering
of all exposed or disturbed soil surfaces at least twice daily. An appropriate dust palliative or
suppressant, added to water before application, shall be utilized, subject to review and approval by
the Building, Life, and Environmental Safety Division.
TM 00-04
6
11/27/01
21. An all-weather access road for fire engines shall be provided before commencing any combustible
construction. Fire hydrants shall also be installed and maintained before combustible construction
begins. This condition shall be subject to the review and approval of the Deputy Fire Marshal.
22. Fire Hydrants shall be installed on 300-foot centers, using the city standard for hydrants.
William Fans
Planning Division Manager
bfaus(a)ci.ldlroy .ca. us
TM 00-04
7
Revised 11/27/0 I
Planning Commission Action
At their December 6, 2001 meeting, the Planning Commission made the following recommendations:
I. Adoption ofthe Negative Declaration with 9 mitigation measures by a vote of 4-0-2 (Commissioners
Boe and Correa absent).
2. Approval of Tentative Map request TM 00-04 by a vote of 4-0-2 (Commissioners Boe and Correa
absent) and with the following amendment to condition 19:
19. Address all comments contained within the December 6. 2001 Engineering Division memorandum
(attached).
CITY OF GILROY
COMMUNITY DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION
MEMORANDUM
TO:
Melissa Durkin, Planner"
FROM:
Don Nunes, Traffic Engineer
DATE:
December 6, 2001
RE:
Sunrise Drive-Pinn Brothers
Engineering Division Comments
The Engineering Division has the following comments on the above referenced project:
1. Provide documentation explaining how the 9-foot strip of land along Sunrise was
transferred to the City. Was it a dedication or a fee purchase? If the fee was
paid, to whom was it paid?
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Community Development Department
Planning Division
NEGATIVE
DECLARATION
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
(408) 846-0440
City File Number: TM 00-04
Project Description:
Name of Project:
Nature of Project:
Pinn Brothers Subdivision
Tentative Map to create 22 residential lots on a 4.81-acre site.
Project Location:
Location: Property is located south of Sunrise Drive, west of Santa Teresa Boulevard
Assessor's Parcel Numbers: 783-20-044
Entity or Person(s) Undertakine Project:
Name:
Address:
Pinn Bros. Construction, Inc.
1475 Saratoga Ave., Suite 250, San Jose, CA 95129
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.
Pinn Brothers Subdivision
Draft Negative Declaration
2
11/8/2001
Findinl!s & Reasons:
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 of the City of Gilroy.
Mitil!ation Measures:
1. The following dust control measures shall be incorporated into all permits for any phase of
proposed construction on the project site. The measures shall be implemented as necessary to
adequately control dust subject to the review and approval of the Gilroy Planning Division.
. Water all active construction areas at least twice daily;
. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at
least two ;eet pffreeboard;
. 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; and
. Sweep daily (with water sweepers) all paved access roads. parking areas and staging areas at
construction sites.
2. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to
conunencement of grading or construction activities on the project site, field surveys shall be
conducted by a qualified biologist to determine if burrowing owls are present in the construction
zone or within 200 feet of the construction zone. Areas within 200 feet of the construction zone that
are not within the control of the applicant shall be visually assessed from the project site. These
surveys shall be required only if any construction would occur during the nesting and/or breeding
season of burrowing owls (February 1 through August 31) and/or during the winter residency period
(December 1 through January 31). If active nests are found in the survey area, a burrowing owl
habitat mitigation plan shall be submitted to the California Department ofFish and Game for review
and approval. The burrowing owl habitat mitigation plan shall contain mitigation measures
contained in the California Department ofFish and Game Staff Report on Burrowing Owl Mitigation
Pinn Brothers Subdivision
Draft Negative Declaration
3
11/8/200 I
(California Department ofFish and Game 1995). Compliance with this mitigation measure may
include, but not be limited to, the following:
. Avoidance of occupied burrows during the nesting season (February 1 through August 31);
. Acquisition, protection andfundingfor long-term management and monitoring offoraging
habitat adjacent to occupied habitat;
. Enhancement of existing burrows and/or creation of new burrows;
. Passive relocation of burrowing owls.
3. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to
commencement of grading or construction activities occurring within 200 feet of trees located on and
adjacent to the project site, a tree survey shall be conducted by a qualified biologist to determine if
active nest(s) of protected birds are present in the trees. Areas within 200 feet of the construction
zone that are not within the control of the applicant shall be visually assessed from the project site.
This survey shall be required only if any construction would occur during the nesting and/or
breeding season of protected bird species potentially nesting in the tree (generally March 1 through
August 1). If active nest(s) are found, clearing and construction within 200 feet of the tree shall be
postponed or halted until the nest(s) are vacated and juveniles have fledged and there is no evidence
of a second attempt at nesting, at the discretion of the biologist. If construction activities are not
scheduled between March 1 and August 1, no further surveys of the tree shall be required.
4. Prior to the issuance of a building permit, the project developer shall submit a Landscape Plan, for
review and approval. by the City of Gilroy Planning Division, indicating the location, size and
species of existing trees found within the project site boundaries. The plan shall indicate which trees
are planned for removal. Based on review of the Landscape Plan, the City shall determine which
trees, if any, are "significant."
If significant trees are determined to be located on the project site, these trees shall be retained, to
the greatest extent feasible. The drip line of significant trees to be retained shall be fenced prior to
grading activities to prevent root damage. If retention of all significant trees on the project site is not
feasible, a written report shall be prepared by a certified arborist including the number and location
of each significant tree to be removed, the type and approximate size of each significant tree, the
reason for removal, and specifications for replacing significant trees to be removed. The written
report shall be prepared prior to the conunencement of grading activities, subject to approval by the
City of Gilroy Planning Division.
5. Due to the possibility that significant buried cultural resources might be found during construction
the following language shall be included any permits issued for the project site, including, but not
limited to grading and building permits for future development, subject to the review and approval of
the Gilroy Planning Division:
Pinn Brothers Subdivision
Draft Negative Declaration
4
11/8/2001
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 a qualified professional archaeologist. If the find 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 City shall ensure that this language is included in all permits in
accordance with CEQA Guidelines section 15064.5(e):
If human remains are found during 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 identity the person or
persons it believes to be the most likely descendent (MLD) from the deceased Native
American. The MLD may then make recommendations to the landowner or the person
responsible for the excavation work, for means of treating or disposing of, with
appropriate dignity, the human remains and associated grave goods as provided in Public
Resources Code Section 5097.98. The landowner or his authorized representative shall
rebury the Native American human remains and associated grave goods with appropriate
dignity on the property in a location not subject to further disturbance if: a) the Native
American Heritage Commission is unable to identify a MLD or the MLD failed to make a
recommendation within 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. The project developer shall submit a soils investigation prepared for the project by a qualified soils
engineer. The recommendation of the soils investigation shall be incorporated into the final building
plans and shall be reviewed and approved by the Gilroy Engineering Division prior to approval of
the building permit. The purposes of the soils investigation are to determine the exact soils
characteristics and limitations on the site, and to recommend appropriate engineering specifications
for development of the site.
8. Install windows rated minimum Sound Transmission Class (STC) 28 at the windows of second floor
and unshielded first floor living spaces within 140 feet of the centerline of Sunrise Drive and with a
direct of side view of the roadway. Provide some type of mechanical ventilation, as all windows in
these spaces should remain closed at all times to maintain acceptable interior noise. This
requirement shall be noted on the final improvement plans.
Pinn Brothers Subdivision
Draft Negative Declaration
5
11/8/2001
9. The following language shall be included on any permits issued at the project site, subject to the
review and approval of the Gilroy Building Division. "All construction activities shall be limited to
weekdays between 7:00 AM and 7:00 PM, and to Saturdays and City holidays between 9:00 AM and
7:00 PM. No construction is allowed on Sundays."
Date Prepared: November 9,2001
End of Review Period: December 3,2001
Date Adopted by City Council:
William Fans
Planning Division Manager
01/07/02 15:04
'a'
Il!I 0021005
Pinn Brothers Subdivision Mitigation Measure Checklist
The following mitigation measure~. shall be implemented prior to iS$1Jance of a gradi"g
permit:
Mitigation Measure 1
The folluwing d'lSt control measures shall be incorporated into all permits for any phase of
proposed construction on the project site_ The measures shall be implemented as necessary
to adequately control dust subject to the review and approval of the Gilroy Planning
DivisiolL
.
Water all active construction areas at least twice daily;
Cover alltnlcks hauling soil, sand, and other loose materials or require all trucks to
maintoin at least two feet of freeboard;
Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all
unpaved access roads, parking are(J.s and staging areas at construction sites; and
Sweep daily (with water sweepers) all paved access roads, parking areas and staging
areas at CO/lstnictlon sites.
1
party Responsible for Implementation:
Party Responsible for Monitoring:
Applicant
Gilroy Planning Division
Mitigation Measure 2
Subject to the review of the City ofGi/roy Planning Division, no more than 30 days prior to
commencement of grading or construction activities on the project site, field survey,y shall be
COllducled by a qualified biologist to determine if burrowing owls are present in the
construction zone or within 200 feet of the construction zone. Areas within 200 feet of the
construction zone that are not within the control of the applicant shall be visually assessed
from the project site. These surveys shall be required only if any construction would occur
during the nesting and/or breeding season of burrowing owls (February 1 through August 31)
and/or during the winter residency period (December 1 through January 31). If active ruJsts
are fOlmd ill the survey area. a burrowing owl habitat mitigation plan shall be submitted to
the Califomia Department of Fish and Game for review and approval. The bu"owing owl
habitat mitigation plan shall contain mitigation measureS contained in the California
Deportment of Fish and Game Stqff Report on Bu"owing Owl Mitigation (California
Department of Fish and Game ]995). Compliance with this mitigation measure may tnclude,
but not be limited to, the following:
A voidance of occupied burrows during the nesting season (February] through
August 3]);
Acquisition. protection andfimdingfor long-term management and monitoring of
foraging habitat adjacent to occupied habitat;
CIty of Gi/fCY
01/07/02 15:05
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Pinn BtottI_ Subdivision
I4J 003/005
MitigaUan Monitaring Ch..ckIi$!
Enhancement of eristing burrows and/or creation of new burrows;
Passive relocation of burrowing awls_
Party Responsible for Implementation:
Party Responsible for Monitoring:
Mitigation Measure 3
Applicant
Gilroy Planning Division
Subject to the review of the City of Gilroy Plonning Division, no more than 30 days prior to
commencement of grading or conslnlction activities occurring within 200 feet of trees
located on and a4jacent to the project site, a tree sun>ey shall be conducted by a qualified
biologist to detennine if active nest(s} of protected birds are present in the trees. Areas
within 200 feet of the constmction zone that are not within the control of the applicant shall
be visually assessed from the project site. This survey shall be required only if any
constructioll would occur during the nesting and/or breeding season of protected bird
species potentially nesting in the tree (generally March 1 through August 1). If aelive nest(s)
are found. clearing and construction within 200 feet of the tree shall be postponed or halted
until the nest(s} are vacated and juveniles have fledged and there is no evirknce of a second
attempt at nesting. at the discretion of the biologist. If construction activities are rwt
scheduled between March 1 and AUgllst I, nofurther surveys of the tree shall be required.
Party Responsible for Implementation:
Party Responsible for Monitoring:
Applicant
Gilroy Planning Division
Mitigation Measure 5
Dr,e to the possibility that significant buried cultural resources might be found during
construction the following language shall be included any permits issued for the project site,
including. but not limited to grading and bllilding permitsfor future development. subject to
the review and approval of the Gilroy 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 dl!1>eloper shall notify a qualified
professional archaeologist. If the find is determined to be significant,
apprapriate mitigation meQSllres shall be formulated and implemented.
Party Responsible for Implementation:
party Responsible for Monitoring:
Applicant
Gilroy Planning Division
Mitigation Measure 6
In the event of an accidental discovery or recognition of any human remains in any location
other than a dedicated cemetery. the City shall ensure that this language is included in all
permits in accordance with CEQA Guidelines section 15064.5(e):
C<<y af Gilroy
2
3
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141004/005
Pinn Iilroth_ Subdivision
M/1igation Monl1oring Ch..l>kJi$t
If human remains are found during construction there shall be no finther
excavation or disturbance of the site or any nearby area reasonably suspected
to overlie a4jacent human remains until the coroner of Santa Clara County is
contacted to determine that no investigation of the cause of death is required
lfthe caroller 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 (MLD) from the deceased Native
American. The MLD may then make recommendations to the l.andawner 01'
the person responsible for the excavation work, for means of treating or
disposing oj. 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 MID or the MLD
failed to make a recommendation within 24 hours after being notified by the
commission; b) the descendent identifiedfails to make a recommendation; or
c) the landowner 01' his authorized representative rejects the recommendation
of the descendent, and the mediation by t.he Native American Heritage
Commission fails to provide measures acceptable to the landDwner.
Party Responsible for Implementation:
Party Responsible for Monitoring:
Mitigation Measure 9
The follawing language shall be included on any permits issued at the project site, subject to
the revi'ew and approval of the Gilroy Building Division. "All construction activities shall be
limited to weekdays between 7:00 AJv{ and 7:00 PM. and to Saturdays and City holidays
between 9:00 AJv{ and 7:00 PM No construction is aI/owed on Sundays. "
Applicant
Gilroy Planning Division
Party Responsible for Implementation;
Party Responsible for Monitoring:
Applicant
Gilroy Building Division
City of Gdroy
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~ 005/005
Pinn Broth81'S Subdivf.s;on
Mitigation Monitoring Char;k/i.t
The following mitigation measures shall be implemented prior to issuance of a building
permit:
Mitigation Measure 4
Prior to the issuance of a building permit, the project developer shall submit a Landscape
Plan. for review and opproval by the City of Gilroy Planning Division, indicating the
location, size and species of existing trees found within the project site buundaries. The plan
shall indicate which trees are planned for removal. Based on rel,iew of the Landscope Plcm,
the City shall determine which trees, if any. are "significant."
If significant trees are determined to be located on the project site, these trees shall be
retained. to the greatest extent feasible. The dripline of significant trees to be retained shall
be fenced prior to grading activities to prevent root damage. if retention of all significant
rrees on the project site is not feasible, a written report shall be prepared by a certified
arborist including the rrumber and location of each significant tree to be removed, the type
and opproximate size of each significant tree, the reason for remollal, and specifications for
replacing significant trees to be removed. The written report shall be prepared prior to the
commencement of grading activities, subject to approval by the City of Gilroy Planning
Division_
Party Responsible for Implementation:
Party Responsible for Monitoring:
Applicant
Gilroy Planning Division
Mitigation Measure 7
The project developer shall submit a soils investigation prepared for the project bya
qualified soils engineer. The recommendation of the soils investigation shall be incorporated
into the final buildillg plans and sholl be reviewed and opproved by the Gilroy Engineering
Division prior to approval of the building pem,it. The purposes of the soils investigation are
to determine the eract soils characteristics and /imitations on the site, and to recommend
appropriate engineering specificationsfor development of the site.
Party Responsible for Implementation:
Party Responsible for Monitoring:
Applicant
Gilroy Planning Division
Mitigation Measure 8
InStall windows rated minimum Sound Transmission Class (STC) Z8 at the winduws of
secont/floor and ,mshielded first floor living spaces within 140 feet of the centerline of
Sunrise Drn'e and with a direct of side view of the roadlvay. Provide some type of
mechanical venti/atioll, as all windows in these spaces should remain closed at all times to
maintain acceptable Interior noise, This relptirement shall be noted on the final
improvement p/ans_
Party Responsible for Implementation;
Applicant
4
City Qf GHroY
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certity that the attached
Resolution No. 2002-6 is an original resolution, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 7th day of January, 2002, 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 11th day of January, 2002.
o;;~)
~-/tt11d?-Lru~ .
City Clerk oftheCity of Gilroy
(Seal)