Resolution 2002-79
RESOLUTION NO. 2002-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING NS 02-07, AN APPLICATION FOR
ARCHITECTURAL AND SITE APPROVAL OF A PLANNED
UNIT DEVELOPMENT (PUD) FOR A FIRE STATION ON
APPROXIMATELY 1.97 ACRES, APN 783-20-050.
WHEREAS, the City of Gilroy, the applicant, submitted NS 02-07, an application for
architectural and site approval of a Planned Unit Development ("PUD") for construction of a fire
station on approximately 1.97 acres located at 880 Sunrise Drive, west of Santa Teresa
Boulevard; and
WHEREAS pursuant to the California Environmental Quality Act ("CEQA"), the City
Council adopted a Negative Declaration on August 5, 2002, for this project; and
WHEREAS, the Planning Commission held a duly noticed public hearing on October 3,
2002, at which time the Planning Commission considered the public testimony, the Staff Report
dated September 19, 2002 ("Staff Report"), and all other documentation related to application
NS 02-07, and recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on October 21,2002, at
which time the City Council considered the public testimony, the Staff Report, and all other
documentation related to application A/S 02-07; 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.
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Resolution No. 2002-79
NOW, THEREFORE, BE IT RESOLVED THAT:
SECTION I
A. The City Council hereby adopts the findings as required by Zoning Ordinance
section 50.55 based upon substantial evidence in the entire record, including the
facts outlined below that are more fully set forth in the Staff Report and in
evidence given at the public hearings.
1. The project conforms to the Gilroy General Plan in terms of general
location and standards of development.
2. The proposed development fulfills a specific need of the surrounding area
by providing a fire station in the northwest quadrant of the City.
3. The project does not require urban services beyond those which are
available at this project site.
4. The project plan is harmonious and integrated.
5. The project reflects an economical and efficient use of this property.
6. The project includes landscaping provisions which will meet the intent of
the Planned Unit Development ordinance.
7. The project uses aesthetic design principles to create attractive buildings
and open space areas that blend with the character of surrounding areas.
8. The project provides for traffic congestion, noise or other adverse effects
to be mitigated to the extent feasible.
9. The project provides adequate access, parking, landscaping, trash areas
and storage, as necessary.
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Resolution No. 2002-79
B. The City Council hereby also finds there is no substantial evidence in the record
that this project will have a significant impact on the environment.
C. A/S 02-07 should be and hereby is approved subject to:
1. The twenty-one (21) conditions of approval attached hereto as Exhibit "A"
and incorporated herein by this reference.
2. The thirteen (13) mitigation measures set forth in the Negative Declaration
attached hereto as Exhibit "B" and incorporated by this reference, and the
Mitigation Monitoring Program, attached hereto as Exhibit "C" and
incorporated herein by this reference.
PASSED AND ADOPTED this 4th day of November, 2002, by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO and SPRINGER
NONE
VELASCO
NOES:
ABSENT
COUNCILMEMBERS:
COUNCILMEMBERS:
APPROVED:
Thom:r!~~r
Ar~~T: .....
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Rhonda Pellin, City Clerk
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Resolution No. 2002-79
10/29/02 TUE 15:48 FAX 4089382579
BERLINER & COHEN
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NS 02-07 (Sunrise Drive Fire Station)
Final Conditions of Approval
PIanoinl!. (contact Melissa Durkin at 846-0440)
1. All thirteen (13) MITIGATION MEASURES contained within the Negative Declaration for
this development shall be applied to this approval 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). This shall be subject to the review and approval of the
Planning Division.
2. Landscaping: Landscaping plans including specifications for an irrigation system shall be
approved by the Planning Division in accordance with the adopted Consolidated I...andscaping
Policy, prior to issuance of a building permit. The landscaping shall be continuolISly
maintained in an orderly, live, healthy, and relatively weed-free condition, in accordance with
the adopted Consolidated Landscaping Policy and the approved specific landscape plan.
3. All landscaped areas adjacent to parking and/or paved areas shall be separated by a raised
protective curbing to meet minimum City standards, subject to review and approval of the
Planning Division.
4. All trees located in the front 70 feet ofthis site shall be 24-inch box or larger.
5. Street frontage landscaping along Sunrise Drive shall be bermed in order to provide additional
screening of the parking areas. Such berming shall be delineated on required landscaping plans,
and shall be subject to Planning Division approval.
6. All signage shall be subject to Development Review Group review and approval.
7. Trash Enclosures: All trash enclosures shall consist of visually solid fences and gates, six (6)
feet in height. in accordance with the adopted City of Gilroy standard trash enclosure design
plan, or a similar design approved by the Planning Division. All trash enclosures shall be
located in accordance with the approved site pIan and Uniform Fire Code. In addition,
recycling areas must be provided within the trash enclosures, in accordance with the following
regulations :
A. Areas for recycling shall be adequate in capacity, number, and distribution to serve. the
development project.
B. Dimensions of the recycling area shall accommodate receptacles sufficient to meet the
recycling needs of the development project.
C. An adequate number of bins or containers to allow for the collection and loading of
recyclable materials generated by the development project should be 10cated within the
recycling area.
8. Exterior Lighting: No lUlobstructed beam of exterior lighting shall be directed outward from
the site toward any residential use or public right-of-way. This is subject to the review and
approval ofthe Planning Division.
BHIBIT A
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BERLINER & COHEN
Sunrise Drive Fire Station
Final Conditions of Approval
9. Mechanical Appurtenances: Mechanical equipment to be 10cated on the roof of a building shaH
be screened by an architectural feature of the building such that it cannot be seen from ground
level at the far side of the adjacent public right-of-way, whenever possiblc. 1ms is subject to
the review and approval of the Planning Division.
10. Building colors shall be earth tones subject to Planning Division approval.
11. The design of the homes on the south end of this site shall be subject to a staff-level
Architectural & Site Review.
Emnneerlnl! (contact Kristi Abrams or Don Nunes at 846-0450)
12_ The developer/applicant must obtain a sewer allotment for this project, and sign a sewer
al10tment agreement prior to the issullIlce of any building permits, subject to the review and
approval ofthe Engineering Division.
13. Off-site street improvements shall be subject to review and approval by the Engineering
Division.
14. A grading plan must be provided subject to the review and approval of the Engineering
Division.
Fire DeDartment (contact Rodger Maggio at 846-0430)
15. The building shall have a fire sprinkler system instal1ed.
16. A separate pennit is required for the installation of fUel tanks.
17. A sewer test manhole shall be installed on the property (see City Specifications) in an area that
can be readily accessed by an inspector.
18. On-site storm drains sha11 have storm drain filter inserts installed.
19 . Vehicle wash pad shall be drained to an oil sand separator. Rainwater is prohibited from
entering the separator.
Community Services (contact Carla Ruigh at 846-0460)
20. Backflow devices must be provided, subject to the review and approval of the Water Division.
21. The developer shall be required to install street trees according to the Consolidated Landscaping
Policy. The developer will be required to obtain a Street Tree Permit prior to installation of the
trees. This shall be subject to the review llIld approval of the Community Services Division.
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BERLINER & COHEN
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Community Development Department
Planning Divisi~n
NEGATIVE
DECLARATION
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City of Gilroy
: ;7351 R,osanna ~t.
Gilroy, CA 95020
(408) 846-0440
City File Number: Z 02-07 and AlS 02-07
Proiect Description:
:"
Name of Project:
Nature of Project:
Sunrise Drive Fire Station
The City of Gilroy is processing a Zone Change and Architectural
& Site Review for the development of an 8,8.00-:1: square foot fire
station on a 1.97-acre lot. .' ".'
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Proiect Location:
Location: The property is located at 880 Sunrise Drive, west of Santa Teresa Boulevard.
Assessor's Parcel Numbel'$: 783-20-050
Entitv or Person(s) llndertakin1! Proiect:
Name:
Address:
City of Gilroy
7351 Rosanna Street, Gilroy, CA 95020
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.
Findin!!s & Reasons:
'EXHIBIT B
10/29/02 TUE 15:49 FAX 4089382579
BERLINER & COHEN
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Sunrise Drive Fire Station
Negative Declaration
2
7/8/2002 .
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 ofthis 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.
Mitieation Measures:
Mitigation Measure 1
The project proponent shall prepare a landscape plan, consistent with the provisions of the
Consolidated Landscape Policy, to include a row of native and/or other plant species as appropriate,
to screen the project site from Santa Teresa Boulevard. The landscape plan shall be. submitted,
subject to review and approval by the Planning Division, prior to Architectural and Site approval.
Mitigation Measure 2
The project proponent shall prepare a detailed plan for all exterior lights, as part of the architectural
and site review process. The lighting plan shall incorporate design elements thaI will minimize the
potential for light and glare impacts on adjacent residential properties. The lightin'g plan shall be
subject to the review and approval of the City Planning Division.
Mitigation Measure 3
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 Building and Engineering 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 feel of freeboard;
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
10/29/02 TUE 15:50 FAX 4089382579
BERLINER & COHEN
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Sunrise Drive Fire Station
Negative Declaration
3
7/8/2002 .
. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at
construction sites.
Mitigation Measure 4
Subject to the review of the City of Gilroy Plauning Division, no more than 30 days prior to
commencement of grading or construction activities on the project site, field surveys shall be
conducted by a qualified biologist to determine ifb'urrowing 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 t
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
co~tained in the Calffornia Department ofFish 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:
. Avoidance of occupied burrows during the nesting season (February I through Aligus(31); .
. Acquisition, protection and funding for long-term management and moniioring'of"for~g1ng
habitat adjacent to occupied habitat;
. Enhancement of existing burrows and/or creation of new burrows;
. passive relocation of burrowing owls.
Mitigation Measure 5
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 I through August I).
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 J and August I, no further surveys of the tree shall be required.
Mitigation Measure 6
Prior to the issuance of a building permit, the Planning Division shall review and approve a
landscape plan, indicating the location, size and species of existing trees found within the project site
10/29/02 TUE 15:50 FAX 4089382579
BERLINER & COHEN
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Sunrise Drive Fire Station
Negative Declaration
4
1/8/2002
boundaries. The plan shall indicate which trees are planned for removal. Based on review ofthe
landscape plan, tbe Planning Division shall determine which trees, if any, are "significant."
If significant trees are determined to be located on the project site, they shall be retained, to the
greatest extent feasible. The dripJine 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 commencement of grading activities, subject to approval by the
City of Gilroy Planning Division.
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Mitigation Measure 7
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Due to the possibility that significant buried cultural resources might be found during construction
the following language shall be inCluded on any permits issued for the project site, including, but not
Ilmited to building permits for future development, subject to the Ieview and approval of the Giitoy
Planning Division: ,.
If archaeological resources or human remains are discovered during constnlction, work shall "e c.';
halted at a minimum of 200 feet from the find and the area shall be staked off. The projeetdeveloper
shall notify a qualified professional archaeologist. Ifthe find is determined to be significant,.
appropriate mitigation measures shall be formulated and implemented.
Mitigation Measure 8
In the event of an accidental discovery or recognition of any human remains in any location other
than a dedicated cemetery, the Planning Division 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 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 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 Jandowner 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 mal<e 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 acci:ptable to the landowner.
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BERLINER & COHEN
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Sunrise Drive Fire Station
Negative Declaration
5
7/8/2002 ,
Mitigation Measure 9
Project proponent shall submit a soils investigation prepared by a qualified soils engineer prior to
development on the project site, The soils investigation shall address site preparation and foundation
design. The recommendation of the soils investigation shall be incorporated into final building plans,
subject to the review and approval by the Gilroy Engineering and Building Divisions.
Mitigation Measure 10
Prior to the issuance of an occupancy permit, the project proponent shall prepare a fueling area safety
plan. The plan shall include, but not be limited, to the following:
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The fueling areas should be clearly market! as a flammable area. The fueling area should have signs.
prohibiting any smoking or open flames within 50 feet of the fueling area. A masonry wall should be,
installed along the southern boundary of the fire station site to separate the residential 'parcels from
the fueling area. Residents ofthe proposed housing units should be notified that a potentially
hazardous diesel fuel tank is located directly behind their parcel. The fuel tank and fueling nozzle'
sbould be locked during nonuse to protect against vandalism. Project plans shall include,a diesel fuel'
spill basin that would capture all fuel spills during normal pumping, and/or in the' event of accidental
leakage or mechanical failure. Subject to the review and approval of the Gilroy Planning and
Engineering Divisions, and the Gilroy Fire Department.
Mitigation Measure 11
The Gilroy Engineering and Planning Divisions shall review the NPDES permit requirements in
effect at the time a grading permit is requested. The Engineering and Planning Divisions shall
determine whether the U.S. EP A has changed the NPDES permit requirements to include
construction sites disturbing one acre or more (proposed change in March 2003). Ifthe requirement
has changed, tbe project proponent shall:
prepare a storm water pollution prevention program under the National Pollution Discharge
Elimination System General Construction permit, The Storm Water Pollution Prevention
Program is subject to review and approval by the Central Coast Regional Water Quality Control
Board and the Gilroy Engineering and Planning Divisions.
If the requirement has not changed, the project proponent shall;
prepare an erosion control plan that utilizes "Best Management Practices" to control runoff,
erosion, and sedimentation from the project site. The plan shall be submitted to the Gilroy
Engineering and Planning Divisions for review and approval prior to the issuance of a grading
permit.
Mitigation Measure 12
Conduct a detailed noise analysis ofthe emergency generator, apparatus bay exhaust system,
compressor and well pumps to ensurecornpliance with the Ciry of Gilroy Noise Element standards
so that the project will add no more than 3 dB to the ambient noise envirorunent. The emergency
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10/29/02 TUE 15:51 FAX 4089382579
BERL1NER & COHEN
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Sunrise Drive Fire Station
Negative Declaration
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7/8/2002
generator should produce noise levels no more than 74 dBA at 23 ft. Fire truck should be parked
with the truck engine at least 100 ft. from the residential pr,operty lines for testing.
Although we expect that the noise levels from the exhaust system, compressor and well pumps to
comply with the standards, the close proximity of the emergency generator to the property lines may
result in noise ell'cesses. Possible noise control measures for the emergency generator include, but
are not limited to: acoustical enclosure ofthe,genera.tt;ii'set, improved muffling systems, re-location
ofthe emergency generator, other acoustital biuTiers ar~und the generator or at the property line.
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Mitigation Measure 13
The following language shall be included on any permits issued at the project site, s\lbject to the
review and approval ofthe Gilroy Building Division,- ",All construction activities shall be limited to'
weekdays between 7:00 AM and 7:00 PM;liiicf'to SatiJi'days and City holidays between 9:00 AM.and.'
7:00 PM. No construction is allowed on Sundays_~
Date Prepared: July 8, 2002
End of Review Period: July 30, 2002
Date Adopted by City Council:
William Faus
Planning Division Manager
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BERLINER & COHEN
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Appendix B
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., Mitigati9IllYfomtoring'
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EXHIBIT" C
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141037
Sunrise Fire Station Initial Study
Mitigation Monitoring Program
Introduction
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CEQA Guidelines section 15097 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 durmg 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.
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A definitive set of project conditions would include enough detailed infonnation 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 ofprojecr approval are iJllplemented.
Monitoring Program
The basis for this monitoring program is the mitigation measures included in the project
environmental impact repon. 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 ofthc: proposed project.
The attached checklist is proposed for monitoring the implementation of the mitigation
measures. This monitoring checklist contains all appropriate mitigation measures in the
environmental impact repon.
Monitoring Program Procedures
The City of Gilroy shall use the atta<;hed monitoring checklist for the proposed project.
The monitoring program should be implemented as follows:
1. The Gilroy Community Development Department should be responsible for
coordination of the monitoring program, including the monitoring checklist. The
Community Devc:1opment Department 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.
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Sunrise Fire Sletien Initiel Stud
Mili elien Menilerin Pre ram
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 in4ividnal or agency should submit a copy of the monitoring che<;:klist
to the Community Development Depanment to be placed in the project file. If
the mitigation measure has not been complied with, the monitoring checklist
should not be reromed to the Community Development Depanment.
3. The Gilroy Community Development Department will review thechec1dist to.
ensure that appropriate mitigation measures and additional conditions of project
approval included in the monitoring checklist have been complied with at the
appropriate time, e:g. prior to issu,ance of a use pennit, etc. Compliance with
mitigation measures is required for project approvals.
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4. If a responsible individuaf or agency determines that a non-compliance has
occurred, a written notice should be delivered by certified mail to the project
proponent within 10 days, .with a copy to the Community Development
. Deparnnent, describing the non-compliance and requiring compliance within a .
specified period oftime. Ifnon-compliance still exists at the expiration Qfthe
specified period of time, constrUction may be halted and fines may be imposed at
the discretion oftbe City of Gilroy.
City ef Gilrey
141038
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Sunrise Fire Station Initial Study Mitigatio.n Monitoring Checklist
Step 1.
Prior to architectural and site approval, the following mitigation measures
shall be implemented:
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. Party Respo7lSible for Implementation:
Party Responsible for Monitoring:
Gilroy Fire Department
Gilroy Planning Division
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. Mitigation Measure 2
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The project proponent shall prepare a detailed plan for all exterior lights. as
part of the architectural and site review process. The lighting plan shall
incorporate design elements that will minimize the potential for light and
glare impacts on adjacent residential properties. The lighting plan shall be
subjectto the review and approval of the City Planning Division.
Party Respo1l$ible for ImplementatiorJ:
GUray Fire Department
Party Responsible for Monitoring:
Gilroy Planning Divuion
Mitigation Measure 12
Conduct a detailed noise analysis of the emergency generator, apparatus bay
exhaust system, compressor and well pumps to ensure compliance with the
City of Gilroy Noise Element standards so that the project will add no more
than 3 dB to the ambient noise environment. The emergency generator should
produce noise levels no more than 74 dBA at 23 ft. Fire trUck should be
parked with the truck engine at least 100 ft. from the residential property lines
fOf testing. '
Although we expect that the noise levels from the exhaust system, compressor
and well pumps to comply with the standards, the close. proximity of the
emergency generilmf m the property lines may result in noise excesses.
Possible noise control measures for the emergency generator include, but are
not limited to: acoustical enclosure ofthe generator set, improved muffling
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BERLINER & COHEN
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Sunrise Fire SlaNon IniNal StudY
Mitigation Monitoring Checklisl
systems, re-Iocation of the emergency generator, other acoustical barriers
around the generator or at the property line.
Party Responsiblefor Implementatio7/:
Party Responsiblefor Mom'toring:
GiZroy Fire Department
Gilroy Planning Division .
Step 2. Prior to the issuance of a grading pennit, the following mitigation measures
shall be implemented:
Mitigation Measure 3
The following dust control measures shall be incC;>Iporated 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 Building and Engineering Division.
Water all active construction areas at least twice daily:
. Cover all trucks hauling soil, sand, and other 100se materials or'require
all trucks to maintain at least two feet of freeboard;
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 watel' sweepers) all paved access roads, parking areas
and staging al"eas at constrUction sites.
Party R~spo7lSible for Implementation:
Party Responsible fOr Monilo,ing:
G17"oy Fire Depanment
Gilroy Building and Engineering Divisions
Mitigation Measure 4
Subject to the review of the City of Gilroy Planning Division, no more than
30 days prior to commencement of grading or construction activities on the
project site, field surveys shall be conducted by a qualified biologist to
determine if burrowing owls al'e present in the constrUction zone or within
200 feet of me 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 consuuction
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 I through January 31). If active nests are found in the survey
area, a burrowing owl habitat mitigation plan shall be submitted to the
California DepartmeIlt ofFish and Game for review and approval. The
burrowing owl habitat mitigation plan shall contain mitigation measures
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City of Gilroy
_~29/02 TUE 15: 53 FAX 4089382579
BERLINER & COHEN
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Mit; alion Monitr)rin Checklist
Sunrise Fire Station/nitial Stud
contained in the California Department ofFish 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;
Avoidance of occupied burrows during the nesting season
(February 1 through August 31);
. Acquisition. protection and funding for long-term manageITlent
and monitoring offoraging habitat adjacent to occupied habitat;
Enhancement of existing burrowS and/or creation of new burrows;
. passive relocation of burrowing owls.
Gilroy Fire Department
Party Respr)nsible for Implementation:
Party Respo1l5ible for Monitoring:
Gilroy Planning Division
MitIgation Measure 5
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
uee survey shall be coI1ducted by a qualified biologist to determine if active
nest(s) ofprotecred birds are present in the trees. Areas within200 feet of the
constrUction zone that are not within the conuol 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'
anempt 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.
Party Re5pQTlsible for Implementation:
Gilroy Fire Depar<ment
Party Respollsiblefor Monitoring:
Gilroy Plan".ing Division
Mitigation Measure 7
Due to the possibility that significant buried cultural resources might be found
during construction the following language shall be included on any permits
issued for the project site, including, but not limited to building permits for
future development, subject to the review and approval of the Gilroy Planning
Division:
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City of Gilroy
1li041
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10/29/02 TUE 15:53 FAX 4089382579
BERLINER & COHEN
Sunrise Fire Stalion Initial Study
Mitigetion MenitOling Checklist
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 olf, 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.
Party Responsible fOr Implementation:
Gilroy Fire Department
Party ResponsiblefOr Monitoring:
Gilray Planning Division
Mitigation Measures 8
In the event of an accidental discovery or recognition of any human remains
in any location other than a dedicated cemetery, the Planning Division shall
ensure that this language is included in all pennits 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 shan identify the person or persons it
believes to be the 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 nocified 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.
Party Responsible fOr Implem.entati071:
Gilroy Fire Department
Pal1y Respol1sible fOr MonitOl"1g:
Gib'D)I Planni'1g Division
City of Gilroy
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10/29/02 TUE 15:54 FAX 4089382579
BERLINER & COHEN
141043
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-Sunrise Fire SIalien Inilial stud
Mill Brion Menitcrili Chec~f;sl
Mitigation Measures 9
Project prQPonents shall submit a soils investigation prepared by a qualified
soils engineer prior to development on the project site. The soils investigation
shall address site preparation and foundation design. The recommendation of
the soils investigation shall be incorporated into final building plans, subject
to the review and approval by the Gilroy ~ngineering and Building Divisions.
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Party Respo1lSible for Implementation:
Party ResponsibkfOr Monitoring:
Gilroy Fire Department
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Gilroy Engineering and Building Divisz'ons
Mitigation Measures 11'
The Gilroy Engineering and PlanniIlg Divisions shall review the I:"PDES
permit requirements in effect at the time a grading permit is requested. The
Engineering and Planning Divisions shall determine whether the U.S. EPA
has changed the NPDES permit requirementS to include constJUction sites
. disturbIng one acre or more (proposed change in March 2003). If the .
requirement has changed, the project proponent shall;
prepare a storm water pollution prevention program under the National
Pollution Discharge Elimination System General Construction permit.
The Storm Water pollution Prevention Program is subject to review and
approval by the Central Coast Regional Water Quality Control Board
and the Gilroy Engineering and Planning Divisions.
If the requirement has not changed, the project proponent shall;
. prepare an erosion control plan that utilizes "Best Management
Practices" to control runoff. erosion, and sedimentation from the project
site. The plan shall be SUbmitted to the Gilroy Engineering and Planning
Divisions for review and approval prior to the issuance of a grading
permit.
Party ResponsiblefOr Implementation:.
Gilroy Fire Department
Party Responsiblefor Monitoring:
Gilroy Ellgineering and Planlling
Divisions
Mitigation Measures 13
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."
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City of Gilroy
10/29/02 TUE 15:54 FAX 4089382579
BERLINER & COHEN
141044
Sunrise Fire Slation Initial Study
Mitigation Monitoring Checklist
Party Responsiblefor Implementation:
Party Responsible for Monitoring:
General Contraaor
Gilroy Building Division
Step 3.
Prior to approval and issuance of a building penmt, the following mitigation
measures shall be addressed:
Mitig<ltion Me<lsures 6
Prior to the issuance of a building permit, the Planning Division shall review
and approve a landscape plan, indicating the 10cation, size and species of
existing trees found within the project site boundaries. The pIan shall indicate
which trees are planned for removal. Based on review of the landscape pIan,
the Planning Division shall determine which trees, if any, are "significant."
IT significant trees are determined to be 10cated on the project site, these trees
shall be retained, to the greatest extent feasible. The drip1ine 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 arboJist including the number
'and location of each significant tree to be removed, the type and approximate
si:te of each significant tree, the reason for removal, and specifications fOJ
replacing significant trees to be removed. The written Jeport shall be prepared
prior [0 the commencement of grading activities, subject [0. approval by the
City of Gilroy Planning Division.
Party Responsible for Implementation:
Parry Responsible for Monitoring:
Gilroy Fire Department
Gilroy Planning Division
Step 4.
The following mitigation measures shall be implemented prior to occupancy:
Mitigation Measure 10
Prior to the issuance of an occupancy permit, the project proponent shall
prepare a fueling area safety plan. The plan shall include, but not be limited,
to the following:
The fueling areas should be clearly marked as a flammable area. The fueling
area should have signs prohibiting any smoking or open flames within 50 feet
of the fueling area. A masonry wall should be installed. along the southern
boundary of the fire station site to separate the residential parcels from the
fueling area. Residents ofthe proposed housing units should be notified that a
potentially hazardous diesel fuel tank is located directly behind their parcel,
The fuel tank and fueling nozzle should be locked during nonuse to protect
against vandalism. Project plans should include a diesel fuel spill basin that
would capture all fuel spills during normal pumping, and/or in the event of
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Ciry of Gilroy
10/29/02 Tlm 15:55 FAX 4089382579
BERLINER & COHEN
Sunrise Fire Station Initial study
Miligation Monitoring Checklist
accidental leakage or mechanical failure. Subject to the review and approval
of the Gilroy Planning and Engineering Divisions, and the Gilroy Fire
Department. '
Gl7roy Fire Department
Party Responsible for Implementation:
Party Respoitsiblefor Moniton"ng:
Gilroy Planning Division
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City 01 Gilroy
19J045
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AU
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached
Resolution No. 2002-79 is an original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 4th day of November, 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 19th day of November, 2002.
(Seal)