Ordinance 2002-16ORDINANCE NO. 2002-16
AN ORDINANCE OF THE C1TY COUNCIL OF THE CITY OF
GILROY APPROVING AN APPLICATION FOR A CHANGE IN
ZONING DESIGNATION FROM R1 (SINGLE FAMILY
RESIDENTIAL) TO PF/PUD (PUBLIC FACILITIES/PLANNED
UNIT DEVELOPMENT) ON APPROXIMATELY 1.97 ACRES,
APN 783-20-050
WHEREAS, City of Gilroy, the applicant, submitted application Z 02-07 to change the
zoning designation on property identified as APN 783-204)50 from R1 (Single Family Residential)
to PF/PUD (Public Facilities/Planned Unit Development), consisting of approximately 1.97 acres,
located at 880 Sunrise Drive, west of Santa Teresa Boulevard; and
WHEREAS, the Planning Commission held a duly noticed public hearing on August 1,
2002, at which time the Planning Commission considered the public testimony, the Staff Report
dated July 22, 2002, ("Staff Report"), and all other documentation related to application Z 02-07,
and recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on August 5, 2002, at
which time the City Council considered the public testimony, the Staff Report, and all other
documentation related to application Z 02-07; and
WI-IEREAS pursuant to the California Environmental Quality Act (CEQA), the City
Council adopted a Negative Declaration on September 3, 2002, 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.
XGBO~t3~??.1 -1- Ordinance No. 2002-16
O1-082702-04706002
NOW, THEREFORE, THE CITY COUNCIL FINDS THAT:
A. The proposed rezoning is substantially consistent with the General Plan Land
Use Designation and the intent of the goals and policies of the City's General Plan
document.
B. Public utilities and infrastructure improvements needed in order to serve the
proposed project m~e in close proximity.
C. There is no substantial evidence in the record that this project as mitigated will
cause any significant environmental impacts.
D. This project will not be detrimental to the public welfare or injurious to
persons or property in the vicinity.
Based on the above findings, Zoning application Z 02-07 is hereby approved subject to the
mitigation measures set forth in the Negative Declaration and the Mitigation Monitoring
Program, attached hereto as Exhibit A, all incorporated herein by this reference:
SECTION II
If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for
any reason held to be unconstitutional or otherwise void or invalid by any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have passed this Ordinance and each section,
subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that any one or
more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional.
///
\GBO~563477.1 -2- Ordinance No. 2002-16
01-082702-04706002
SECTION III
This Ordinance shall be in full fome and effect thirty (30) days after the date of its passage
and adoption.
PASSD AND ADOPTED this 16th day of September, 2002, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES,
PINHEIRO, VELASCO and SPRINGER
NONE
NONE
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
l~ho Inda Pellin,City ~erk
APPROVED:
Thomas W. Sprin~er~or
\GB0~563477.1 -3- Ordinance No. 2002-16
01-082702-04706002
Community Development Department
Planning Division
NEGATIVE
DECLARATION
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
(408) 846-0440
City File Number: Z 02-07 and AlS 02-07
Project 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 8,800-± square foot fire
station on a 1.97-acre lot.
Project Location:
Location: The property is located at 880 Sunrise Drive, west of Santa Teresa Boulevard.
Assessor's Parcel Numbers: 783-20-050
Entity or Person/s} Undertaking Pro,ject:
Name: City of Gilroy
Address: 7351 Rosanna Street, Gilroy, CA 95020
Initial Study:
An Initial study of this project was undertaken and prepared for the purpose of
asccrlaining whether this project might have a significant effect on the environment. A
copy of this study is on ~le at ~he City of Gilroy Planning Deparlment, 7351 Rosanna
Street. Gilroy, CA 95020.
Findino~s & Reasons:
EXItlBIT A
Sunrise Drive Fire Station 2 7/8/2002
Negative Declaration
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.
Mitigation 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 that will minimize the
potential for light and glare impacts on adjacent residential properties, lhe lighting plan shall be
subject to the review and approval of the City Planning Division.
Miligation Measure 3
The following dust control measures shall be incorporaled into all permits for any phase of proposed
construclion on the project site. The measures shall be imp]emenled as necessary to adequately
control dust subject lo 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 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 al construction sites; and
EXHIBIT A
Sunrise Drive Fire Station 3 7/8/2002
Negative Declaration
· 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 Gilmy 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 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 6ccur 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 Califomia 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 StaffReport 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 management and monitoring of foraging
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 surx, ey 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 lhat 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 Mar~h I 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 I~ave fledged and there is no evidence ora second
attempt at nesting, at the discretion of the biologist. If construction activities are not scheduled
between March I and August 1, no furlher surx, eys of the tree shall be required.
Mitigation Measure 6
Prior to the issuance ora building pern~it, lhe Planning Dix. ision shall review and approve a
!andscape plan. indicating the location, size and species of existing tlees found within the project sile
EXIIlBIT A
Sunrise Drive Fire Station 4 7/8/2002
Negative Declaration
boundaries. The plan shall indicate which trees are planned for removal. Based on review of the
landscape plan, the 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 dripline 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.
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:
If archaeological resources or human remains are discovered during construction, work shall be
hailed 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, lfthe 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 Ameridan Heritage Commission within 24 hours. The Native American Heritage
Commission shall identify the person or persons it believes to be lhe 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 Seclion 5097.98. The landowner or his authorized representative shall rebury the Native
American human remains and associated grave goods with appropriale dignity on the property in a
location not subject to further disturbance i~ 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 Ihe commission; b) the descendent identified fails to make a recommendalion; or c) the landowner
or his authorized representative rQects the recommendation of the descendent, and the mediation by
the Native American Heritage Commission Jails to provide measures acceptable to the landowner.
EXIIIBIT A
Sunrise Drive Fire Station 5 7/8/2002
Negative Declaration
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:
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 of the 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 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. EPA has changed the NPDES permit requirements to include
construction sites disturbing one acre or more (proposed change in Mamh 2003). lfthe 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 Slorm 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.
lfthe 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 approv~,l prior to the issuance of a grading
permit.
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
EXHIBIT A
Sunrise Drive Fire Station 6 7/8/2002
Negative Declaration
generator should produce noise levels no more than 74 dBA at 23 fl. Fire truck should be parked
with the truck engine at least 100 ft. from the residential property 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 excesses. Possible noise control measures for the emergency generator include, but
are not limited to: acoustical enclosure of the generator set, improved muffling systems, re-location
of the emergency generator, other acoustical barriers around the generator or at the property line.
Mitigation Measure 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."
Date Prepared: July 8, 2002
End of Review Period: July 30, 2002
Date Adopted by City Council:
William Faus
Planning Division Manager
EXIIlBIT A
783--20~047
429.61'
ZONING
R1 TO PF-PUD
APN 783-20-050
1.97 ACRES
429.43'
APN 788-20-049
[~\Civi] Engineers & Land Su~weyors
7651 Eiglebe~Jy Street
Gilmy, C~., 950a0
(408) 842-2[73
*Civil Engineering*Environmental P~snning
'Mur, lc~po~ Eng neer ng*Surveying
Zone c-.,hange Application
~ilr o~j, Colifornl~
2002 I"=100'
Appendix B
Mitigation Monitoring
Program
Sunrise Fire Station Initial Study
Mitigation Monitoring Program
Introduction
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 during project implementation in
order to avoid significant adverse environmental effects.
The law was passed in response to historic non-implementation of mitigation measmes
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 Program
The basis for this monitoring program is the mitigation measures included in the project
environmental impact report. 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 in the
environmental impact report.
Monitoring Program Procedures
The City of Gilroy shall use the attached monitoring checklist for the proposed project.
The monitoring program should be implemented as follows:
The Giboy Community Developmeni Department should be responsible for
coordination of the monitoring pro.am, including the monitoring checklist. The
Community Development 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 raeasures.
Ci(¥ o! Gilroy · '1
Sunrise Fire Station Initial Study
MitiEation Monitoring Program
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 Community Development Department 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 Community Development Department.
The Gilroy Community Development Dep~tment will review the checklist 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 issuance of a use permit, etc. Compliance with
mitigation measures is required for project approvals.
If a responsible individual'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
Department, describing the non-compliance and requiring compliance within a
specified period of time. If non-compliance still exists at the expiration of the
specified period of time, consU-uction may be halted and fines may be imposed at
the discretion of the City of Gilroy.
City of Gilroy
'2
Step 1.
Sunrise Fire Station Initial Study Mitigation Monitoring Checklist
Prior to architectural and site approval, the following mitigation measures
shall be implemented:
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 approva! by the PlannAng Division, prior to A.rchitecmral and Site
approval.
Party Responsible for Implementation: C4lroy Fire Department
Party Responsible for Monitoffng:
Gilroy Planning Division
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 that will minimize the potential for light and
glare impacts on adjacent residential properties. The lighting plan shall be
subject to the review and approval of the City Planning Division.
Party Responsible for Implementation: Gilroy Fire Department
Party Responsible for Monitoring:
Gilroy Planning Division
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 env~onment. The emergency generator should
produce noise levels no more than 74 dBA at 23 ft. Fire trfick should be
parked with the truck engine at least 100 ft. fiom the residential property 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 excesses.
Possible noise control measures for the emergency generator include, but are
not limited to: acoustical enclosure of the generator set, improved muffling
City of G#roy · 1
Sundse Fire Station Initial Study
Step 2.
Mitigation Monitoring Checklist
systems, re-location oft.he emergency generator, other acoustical barriers
around the generator or at the property line.
Party Responsible for Implementation:
Party Responsible for Monitoring:
Gilroy Fire Department
Gilroy Planning Division
Prior to the issuance of a grading permit, the following mitigation measures
shall be implemented:
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 soft, sand, and other loose materials or requite
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 daffy (with water sweepers) all paved access roads, parking areas
and staging areas at construction sites.
~Party Responsible for Implementation: Gilroy Fire Department
Party Responsible for Moniton'ng:
Gilroy Building and Enginee~O~g Divisions
Mitigation Measure 4
Subject lo the review of the City of Giboy Planning Division, no more than
30 days prior to commencement of g~ading or conswaction activities on the
project site, field surveys shall be conducted by a qualified biologist to
determine if burrowing owls are present in the constructiSn zone or within
200 feet of the construction zone. Areas within 200 feet of the constraction
zone that are not within the control of the applicant shall be visually assessed
fi'om the project site. These surveys shall be ~equked only if any construction
would occur dm'ing the nesting and/or breeding season of burrowing owls
(February 1 through August 31) and/or durmgthe 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
bm~owing ov,,l habitat mitigation plan shall contain mitigation measures
-City o! Gihog ' 2
Sunrise Fire Station Initial Study Mitio~ation Monitoring Checklist
contained in the California Deparunent offish and Game StaffReport 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 management
and monitoring of foraging habitat adjacent to occupied habitat;
· Enhancement of existing burrows and/or creation of new burrows;
Passive relocation of burrowing owls.
Party Responsible for Implementation: Gilroy Fire Department
Party Responsible for Monitoring: G ilroy 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
tree survey shall be cortducted by a qualified biologist to determine ff active
nest(s) ofprotected 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 ff
any construction would occur during the nesting and/or breeding season of
protected bird species potentially nesting in the tree (generally March l
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 Hedged and there is no evidence of a second
ar~empt at nesting, at the disc/etlon of the biologist. If construction activities
are not scheduled bev, veen March 1 and August 1, no further surveys of the
tree shall be required.
£arty Responsible for Implementation: Gilroy Fire Departm_ent
£arty Responsible for Monito~'ng:
Gilroy Planning Division
Mitigation Measure 7
Due to the possibility that significant buried cultural resources might be found
during construction the following language shah be included on any permits
issued for the project site, including, but not limited to building permits for
furore development, subject to the review and approval of the Gflroy Planning
Division:
City of G,roy ' $
Sunrise Fire Station Initial Sludy
Mitigation Monitotfng Checklist
If archaeological resources or human remains are discovered during
constxuction, work shall be halted at a minimum of 200 feet fi.om the find and
the area shall be staked off. The project developer shall notify a qualified
professional archaeologist. If the find is determined robe significant,
appropriate mitigation measures shall be formulated and implemented.
Party Responsible for Implementation: Gilroy Fire Department
Party Responsible for Monitoring:
Gilroy 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 penTfits 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 requited.
If the coroner determines the remains to be Native American the coroner shall
contact the Native American Heritage Conunission within 24 hours. The
Native American Heritage Commission shall 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 idenrh~y 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 pro¼de measures acceptable to the landowner.
Party Rezponsible for bnplementation: Gilroy Fire Department
Party Responsible for Monitor;ny:
GiIroy Planning Division
City ot Gilroy ' 4
I
Sunrise Firs Station Initial Study
Mitigation Monitoring Checklist
Mitigation Measures 9
Project proponents shall submit a softs investigation prepared by a qualified
soils engineer prior to development on the project site. The softs 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 Gikoy Engineering and Building Divisions,
Party Responsible for Implementation: Gilroy Fire Department
Party Responsible for Monitoffng:
Gilroy Engineering and Building Eh'visions
Mitigation Measures 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. EPA
has changed the NPDES permit requirements to include construction 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 sul?mitted to the Gilroy Engineering and Planning
Divisions for review and approval prior to the issuance of a grading
permit.
£any Responsible for hnple?nentation.:
£arty Responsible for Monitoffng:
Gilroy Fire Department
Gilroy Engineoing and J~lanning
Divisions
Mitigation Measmes t3
Tl',e following language shall be included on any permits issued at the project
si~e, subject to the review and approval of the Gil~oy Building Division. "Ail
construction activities shall be hmited to weekdays bet~,een 7:00 AM and
7:00 PM, and to Saturdays and City holidays bem, een 9:00 AM and 7:00 PM.
No construction is allowed on Sundays."
City of Gi#oy ' 5
Sundse Fire Station Initial Study Mitigation Monitoring Checklist
Step 3.
Parly Responsible for Implementation: General Contractor
t~arty Re~onsible for Monitoring: Gilroy Building Division
Prior to approval and issuance of a building permit, the following rrfitigation
measures shall be addressed:
Step
Mitigation Measures 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 boundaries. The plan shall indicate
which trees are planned for removal. Based on review of the landscape plan,
the Planning Division shall determine which ~xees, if any, are "significant."
If significant trees axe 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 t~ees on the project site is not feasible, a
written report shall be prepared by a certified axborist 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 Giltoy Planning Division.
I'arty Responsible for Implementation: Gilroy Fire Department
Party Responsible for Monitoring:
Gilroy Plannh~g Division
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
oft.he fueling area. A masora'y wall should be h~stalled along the s0uthei~
~c, oundary of the fire station site to separate the residential parcels from the
fueling area. Residents of the 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 spfls during normal pumping, and/or in the event of
CiCv o! Gihoy ' 6
Sundse Fire Station Initial Study Mitigation Monitoring Checklist
accidental leakage or mechanical failure. Subject to the review and approval
of the Gilroy Planning and Engineering Divisions, and the Gilroy Fire
Depas i.~ent.
Party Responsible for Implementation: Gilroy Fire Department
Party Responsible for Monitoring: Gilroy Planning Division
City ol Grimy · 7
I, RI-IONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2002-16 is an original ordinance, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 16th day of September, 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 25th day of September, 2002.
oFGilroy
(Se~)