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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~)