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Ordinance 2003-03 ORDINANCE NO. 2003-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN APPLICATION FOR A CHANGE IN ZONING DESIGNATION FROM Rl (SINGLE-FAMILY RESIDENTIAL) TO RI-PUD (SINGLE-FAMILY RESIDENTIAL - PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 6 ACRES, APNS 790-20-065,067,078 WHEREAS, Mission Valley Properties, the applicant, submitted application Z 03-01 to change the zoning designation on property identified as APNS 790-20-065, 067, 078 from Rl (Single-Family Residential) to RI-PUD (Single-Family Residential - Planned Unit Development) on approximately 6 acres located at 8496 and 8530 Kern A venue; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City prepared and circulated for public comment a mitigated Negative Declaration for this project; and WHEREAS, the Planning Commission held a duly noticed public hearing on March 6, 2003, at which time the Planning Commission considered the public testimony, the Staff Report dated February 24, 2003 ("Staff Report"), and all other documentation related to application Z 03- 01, and recommended that the City Council approve said application with conditions; and WHEREAS, the City Council held a duly noticed public hearing on March 17, 2003, at which time the City Council considered the public testimony, the Staff Report, and all other documentation related to application Z 03-01; and WHEREAS, pursuant to CEQA, the City Council on March 17, 2003, adopted the mitigated Negative Declaration dated December 13, 2002, and revised January 14, 2003, deleting mitigation measure 8 because mitigation measure 7 regarding storm water management practices obtained the same results as that measure in reducing the associated potential significant effect, the City Council finding that the mitigated Negative Declaration was completed in compliance with CEQA, that it reflects the independent judgment of the City, and that there is no substantial evidence 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. \GB0\584045.1 032503-04706002 -1- Ordinance No. 2003-03 SECTION I 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. B. Public utilities and infrastructure improvements needed in order to serve the proposed project are 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. SECTION II Based on the above findings, Zoning application Z 03-01 is hereby approved subject to the mitigation measures set forth in the Negative Declaration and the Mitigation/Monitoring Program for this project, attached hereto as Exhibit A, all incorporated herein by this reference: SECTION III 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 anyone or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. SECTION IV This Ordinance shall be in full force and effect thirty (30) days after the date of its passage and adoption. \GB0\584045.1 032503-04706002 -2- Ordinance No. 2003-03 PASSED AND ADOPTED this 21st day of April, 2003, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: ----71; ~ f /1 U'~~ L'L/ -'___ Thomas W. Springer, May r Z . A TfES'f: . /;-j /1/ '-:--::.. ----l2fl[d/i: : (..--C A~~j'~ Rhonda Pellin, City Clerk \GB0\584045.1 032503-04706002 -3- Ordinance No. 2003-03 Community Development Department Planning Division (408) 846-0440 NEGATIVE DECLARATION City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 City File Number: TM 02-07 (02100009) Proiect Descriotion: Name of Project: Nature of Project: Mission Park Tentative Map The proposed project is the subdivision of 3 parcels totaling 6 acres into 31 lots ranging in size from 4,800 square feet to 8,000 square feet. Eight of the lots could have an Accessory Dwelling Unit that could be rented as an apartment. The development would have an average of 6.5 units per acre. Proiect Location: Location: Kern Avenue just north of the intersection of Kern and Welbum Avenue Assessor's Parcel Number: 790-20-067, -078 and -065. Entity or Person(s) Undertakin2: Proiect: Name: Mission Valley Properties Address: 5000 Hopyard Road, Suite 170, Pleasanton, CA 94588 Staff Planner: Gregg Polubinsky, gpolubinsky@ci.gilroy.ca.us 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 Division, 7351 Rosanna Street, Gilroy, CA 95020. lb_-- '-~ , ' J i,oj Mission Park Tentative Map Negative Declaration 2 12/13/02 Revised 1/14/03 Findin2s & Reasons: The Initial Study identified potentially significant effects on the environment. However, this project has been mitigated (see Mitigation Measures below which avoid or mitigate the effects) to a point where no significant effects will occur. There is no substantial evidence the project may have a significant effect on the environment. The following reasons will support these findings: ~ The proposal is a logical component of the existing land use of this area and a logical expansion of the surrounding residential neighborhood. ~ Identified adverse impacts are proposed to be mitigated through construction management practices and construction of on-site improvements. ~ The proposed project is consistent with the adopted goals and policies of the General Plan of the City of Gilroy. ~ City staff independently reviewed the Initial Study, and this Negative Declaration reflects the independent judgment of the City of Gilroy. ~ With the application of the following Mitigation Measures the proposed project will not have any significant impacts on the environment. Mission Park Subdivision Mitigation Monitoring Checklist Step 1 Prior to approval of the final map approval, the following mitigation measure shall be implemented: Mitigation Measure 4. Prior to final map approval, the project proponent shall submit a complete "existing tree inventory" for review and approval by the City of Gilroy Planning Division, indicating the location, size and species of existing trees found within the project site boundaries. The "existing tree inventory" shall indicate which trees are planned for removal. Based on review of the "existing tree inventory", the City shall detennine which trees, ifany, are "significant." If retention of all significant trees on the project site is infeasible, 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. Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Planning Division Mission Park Tentative Map Negative Declaration .., .) 12/13/02 Revised 1/14/03 Step 2 Prior to approval and issuance of a grading permit and/or a building permit, the following mitigation measures shall be implemented: Mitigation Measure I. The project proponent shall specify in project plans the implementation of the following dust control measures during grading and construction activities for the proposed project. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Engineering Division: (Modified Gilroy General Plan EIR Mitigation Measure 4.6-A) The following measures shall be implemented at all construction sites: · Water all active construction areas at least twice daily; · Cover all trucks hauling soil, sand, and other loose materials or require all frocks to maintain at least two fee/offreeboard; 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; Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; and Sweep streets daily (with water sweepers) ijvisible soil material is carried onto adjacent public streets. The following measures should be implemented at construction sites greater than four acres in area: All those measure listed above; Hydroseed or apply (non-toxic) soil stabilizers to inactive constmction areas (previously graded areas inactive for fourteen days or more); · Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.); Limit traffic speeds on unpaved roads to 15 mph; Install sandbags or other erosion control measures to prevent silt runoff to public roadways; and Replant vegetation in disturbed areas as quickly as possible. Mission Park Tentative Nldp Negative Declaration 4 12/13/02 Revised 1/14/03 The following measures shall be implemented at c~nstruction sites that are large in area, located near sensitive receptors or which for any other reason may warrant additional emissions reductions: · Place 100 linear feet of 6 to 8 inch average diameter cobble at all exist points to dislodge and trap dirt from vehicle tires; · Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and · Limit the area subject to excavation, grading and other construction activity at anyone time. Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Engineering Division Mitigation Measure 2. The following measures shall be incorporated into all project plans, subject to the review and approval of the City of Gilroy Engineering Division: (Adopted Gilroy General Plan EIR Mitigation Measure 4.6-B) · The idling time of all construction equipment shall not exceed five minutes; · Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use; · All equipment shall be properly tuned and maintained in accordance with the manufacturer's specifications; When feasible, alternative fueled or electrical construction equipment shall be used at the project site; Use the minimum practical engine size for construction equipment; and Gasoline-powered equipment shall be equipped with catalytic converters, where feasible. Party responsible for implementation: Party responsible for monitoring: Applicant Gi lroy Engineering Division Mission Park Tentative Map Negative Declaration 5 12/13/02 Revised 1/14/03 Mitigation Measure I 3. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to the removal of any habitat that would occur during the nesting and/or breeding season of protected birds potentially nesting on the project site (generally March 1 through August 1). A field survey shall be conducted by a qualified biologist to determine if active nests 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. If active nests are found within the survey area, clearing and construction within 200 feet of the active nest(s) 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. Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Planning Division Mitigation Measure 5. 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 halted within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented (Gilroy General Plan Policy 5.07). Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Planning Division Mitigation Measure 6. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 15064.5(e), subject to the review and approval of the City of Gilroy Planning Division: 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 Mission Park Tentative Map Negative Declaration 6 12/13/02 Revised 1/14/03 The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. Party responsible for implementation: Party responsible for monitoring: Mitigation Measure Applicant Gilroy Planning Division 7. The project applicant shall submit a Notice oflntent (NOI), detailed engineering designs, and a storm water pollution prevention program to the Central Coast RWQCB to obtain a National Pollution Discharge Elimination System (NPDES) General Construction permit prior to any grading or construction activities. This permit shall require implementation of an approved SWPPP that uses storm water "Best Management Practices" to control runoff, erosion and sedimentation from the site. 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 Division. (Modified Language of Adopted Gilroy General Plan EIR Mitigation Measure 4.1 O-C) Party responsible for implementation: Party responsible for monitoring: Mitigation Measure Applicant Gilroy Engineering Division, Regional Water Quality Control Board. ~ 8. As part of normal City review and approval procedures for the proposed project, the following measures shall be incorporated to mitigate construction noise, subject to the review and approval of the City of Gilroy Engineering Division: (Modified Gilroy General Plan EIR mitigation measure 4.7-B) a. Limit construction activity to weekdays between 7 AM and 7 PM and Saturdays and holidays between 9 AM and 7 PM, with no construction on Sundays; b. Require that all internal combustion engine-driven equipment are equipped with mufflers that are in good condition and appropriate for the equipment; c Locate stationary noise-generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Engineering Division Mission Park Tentative Map Negative Declaration 7 12/13/02 Revised 1/14/03 Step 3 Prior to approval of the issuance of an occupancy permit, the following mitigation measure shall be implemented: Mitigation Measure 8. Pro-jeet fllaRs snaIl iReluae a seaimeRtatioR aasm aac€Juate fer ilIteriRg out nea'fY storm water eORtamiRaRts sucn as silt, 8fl.a grease traps suitaele fer filtering OMt €ltner llfaaR flollutaRts to tne €JaeRt feasiBle. .\aelitional measures as preseRtea in "Start at the SOMree, DesigR GMiaaRee MaRuaJ for Storm ',l,TMer Quality ProteetioR," preparea BY tHe Ray .\rea Storm \\Tater MaRa!;emeRt ;\!;eReies .\ssociatioR aRa "ParlaR!; Lot Best MaRagemeRt Practices Mlmual, II preparea BY tHe SaRta Clara Valley DrBaR RUR oirPollutioR Prev€RtioR Program may Be reql:iirea. Physical ";Mer €luality safeguaras SHall be iRstaIIea flrior to occMpaRcy of tHe flroflosea aeveloflmeRt, aHa tHe Best maRagemeRt praetiees fllaR Imlst be imfllemeRtea UflOR oceMpaRey. The plaR shall be suejeet to the revie'.v aRa afl}3rO';al of the City of Gilroy ERgilleeriRg DivisioR. Party respt1RsiBle for imfllemeRtatioll: .\flplieaRt Party res}3oRsil3le fer momtoriRg: Gilroy ERgiReeriRg DivisioR Date Prepared: December 13, 2002 End of Review Period: January 7,2003 Revised per comments: January 14, 2003 Date Adopted by City Council: IdJtM {~ William F aus Planning Division Manager bfaus@ci.gilroy.ca.us Mission Park Subdivision 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 measures presented in environmental documents and subsequently adopted as conditions of project approval. In addition,. monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures. A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measure's compliance. This monitoring program is designed to provide a mechanism to ensure that mitigation measures and subsequent conditions of project approval are implemented. Monitoring 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: 1. The Gilroy Community Development Department should be responsible for coordination of the monitoring program, 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 measures. EMC Planning Group Inc. 1 Mitigation Monitoring Program 3sion Park Subdivision 2. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring checklist have been complied with. Once all mitigation measures have been complied with, the responsible individual or agency should submit a copy of the monitoring checklist to the Community Development Depaltment 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. 3. The Gilroy Community Development Depaltment 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. 4. 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, construction may be halted and fines may be imposed at the discretion of the City of Gilroy. 2 EMC Planning Group Inc. Mission Park Subdivision Mitigation Monitoring Program Mission Park Subdivision Mitigation Monitoring Checklist Step 1 Prior to approval of the final map approval, the following mitigation measure shall be implemented: Mitigation Measure 4. Prior to final map approval, the project proponent shall submit a complete "existing tree inventory" for review and approval by the City of Gilroy Planning Division, indicating the location, size and species of existing trees found within the project site boundaries. The "existing tree inventory" shall indicate which trees are planned for removal. Based on review of the "existing tree inventory", the City shall determine which trees, if any, are "significant." If retention of all significant trees on the project site is infeasible, 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. Party responsible for implementation: Applicant Party responsible fOr monitoring: Gilroy Planning Division EMC Planning Group Inc 3 Mitigation Monitoring Program Mission Park Subdivision Step 2 Prior to approval and issuance of a grading permit and/or a building permit, the following mitigation measures shall be implemented: Mitigation Measure 1. The project proponent shall specify in project plans the implementation of the following dust control measures during grading and construction activities for the proposed project. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Engineering Division: (Modified Gilroy General Plan EIR Mitigation Measure 4.6-A) The following measures shall be implemented at all construction sites: 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 at construction sites; Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; and Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. The following measures should be implemented at construction sites greater than four acres in area: All those measure listed above; Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for fourteen days or more); Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.); Limit traffic speeds on unpaved roads to 15 mph; Install sandbags or other erosion control measures to prevent silt runoff to public roadways; and Replant vegetation in disturbed areas as quickly as possible. The following measures shall be implemented at construction sites that are large in area, located near sensitive receptors or which for any other reason may warrant additional emissions reductions: Place] 00 linear feet of 6 to 8 inch average diameter cobble at all exist points to dislodge and trap dirt from vehicle tires; Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and 4 EMC Planning Group Inc. Mission Park Subdivision Mitigation Monitoring Program Limit the area subject to excavation, grading and other construction activity at anyone time. Party responsible for implementation: Applicant Gilroy Engineering Division Party responsible for monitoring: Mitigation Measure 2. The following measures shall be incorporated into all project plans, subject to the review and approval of the City of Gilroy Engineering Division: (Adopted Gilroy General Plan EIR Mitigation Measure 4.6-B) The idling time of all construction equipment shall not exceed five minutes; Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use; All equipment shall be properly tuned and maintained in accordance with the manufacturer's specifications; When feasible, alternative fueled or electrical construction equipment shall be used at the project site; Use the minimum practical engine size for construction equipment; and Gasoline-powered equipment shall be equipped with catalytic converters, where feasible. Party responsible for implementation: Party responsible for moniton'ng: Applicant Gilroy Engineering Division Mitigation Measure 3. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to the removal of any habitat that would occur during the nesting and/or breeding season of protected birds potentially nesting on the project site (generally March 1 through August 1). A field survey shall be conducted by a qualified biologist to determine if active nests 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. If active nests are found within the survey area, clearing and construction within 200 feet of the active nest(s) 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. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division EMC Planning Group Inc 5 Mitigation Monitoring Progran Mission Park Subdivision Mitigation Measure 5, 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 halted within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the fmd is determined to be significant, appropriate mitigation measures shall be formulated and implemented (Gilroy General Plan Policy 5.07). Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division Mitigation Measure 6. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is induded in all permits in accordance with CEQA Guidelines section 15064.5(e), subject to the review and approval of the City of Gilroy Planning Division: 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 landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. Party responsible for implementation: Applicant Party responsible for moniton'ng: Gilroy Planning Division 6 EMC Planning Group Inc. Mission Park Subdivisior, Mitigation Monitoring Program Mitigation Measure 7. The project applicant shall submit a Notice ofIntent (NOI), detailed engineering designs, and a storm water pollution prevention program to the Central Coast RWQCB to obtain a National Pollution Discharge Elimination System (NPDES) General Construction permit prior to any grading or construction activities. This permit shall require implementation of an approved SWPPP that uses storm water "Best Management Practices" to control runoff, erosion and sedimentation from the site. 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 Division. (Modified Language of Adopted Gilroy General Plan EIR Mitigation Measure 4.1 O-C) Party responsible for implementation: Applicant Party responsible for moniton'ng: Gilroy Engineen'ng Division, Regional Water Quality Control Board Mitigation Measure 8. As part of normal City review and approval procedures for the proposed project, the following measures shall be incorporated to mitigate construction noise, subject to the review and approval of the City of Gilroy Engineering Division: (Modified Gilroy General Plan EIR mitigation measure 4. 7-B) a. Limit construction activity to weekdays between 7 AM and 7 PM and Saturdays and holidays between 9 AM and 7 PM, with no construction on Sundays; b. Require that all internal combustion engine-driven equipment are equipped with mufflers that are in good condition and appropriate for the equipment; c. Locate stationary noise-generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Engineering Division EMC Planning Group Inc. 7 I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached Ordinance No. 2003-03 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 21st day of April, 2003, 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 7th day of May, 2003. /'~ ~.l vJ. ./' _~ ..>/LtlA i .~.. .~,/!.J .~.--C lerk of the City of Gilroy (Seal)