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Resolution 1998-47 . . RESOLUTION NO, 98-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S 98-33 (PUD), AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT INVOLVING APPROXIMATELY 1.03 ACRES, APN 841-75-006 WHEREAS, Jeffrey's Restaurant ("Applicant") submitted A/S 98-33 (PUD), an application for architectural and site approval of a planned unit development ("PUD") for an 1,03 acre lot located at 5955 Travel Park Circle, at the Monterey Road freeway interchange; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Negative Declaration, along with a mitigation/monitoring program, was adopted by the City Council on January 17, 1995, for General Plan Amendment request GPA 94-02, which included this project; and WHEREAS, the Planning Commission held a duly noticed public hearing on July 30, 1998, at which it considered this project and voted to recommend approval of Application A/S 98-33 to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on August 3, 1998, at which time the City Council considered public testimony, the Staff Report dated July 21, 1998, and all other documentation on the project; 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. NOW, THEREFORE, BE IT RESOLVED THAT A. The City Council hereby finds that: 1, The project is substantially consistent with the prior approved Planned Unit Development Applications A/S 93-05 and A/S 97-06 reviewed by the Planning \KHM\421743,01 84-090204706038 -1- RESOLUTION NO, 98-47 . . Commission and approved by the City Council on February 21, 1995, and April 21, 1997, respectively, 2. The project is consistent with the Gilroy General Plan because it conforms to the land use designation for the property on the General Plan Map, and it is substantially consistent with the intent, goals and policies of the General Plan documents, 3, The project complies with the findings required to grant PUD architectural and site approval pursuant to subsections (a) through (i) of Section 50,55 ofthe Gilroy Zoning Ordinance, and adopts said findings as set forth in the Staff Report dated July 21, 1998, B. A/S 98-33 (PUD) should be and hereby is approved, subject to the fifteen (15) conditions set forth in the Staff Report dated July 21, 1998, attached hereto as Exhibit 1\ and incorporated herein by this reference, and including the mitigation measures set forth in the Negative Declaration, PASSED AND ADOPTED this 8th day of September, 1998 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, GILROY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE \( ATTE~, '~,' ,/~' / ' \. ,/j \, 1 '/I'" '-// /' /JL.(tj(Z~~~/c Rhonda Pellin, City Clerk IKHM\421743,01 84-090204706038 -2- RESOLUTION NO, 98-47 . . Community Development Department Planning Division Staff Report July 21, 1998 FILE NUMBER: A\S 98-33 (planned Unit Development design review) APPLICANT: Jeffery's Restaurant (clo Boward Vierra, Gilroy Roadway Plaza) LOCATION: 5955 Travel Park Circle, at the Monterey Road freeway interchange STAFF: William Faus REQUESTED ACTION: The applicant is requesting Planned Unit Development (PUD) design review approval that will allow the construction of a restaurant within a larger PUD project site. DESCRIPTION OF PROJECT: Parcel No: Parcel Size: Flood Zone: 841-75-006 approximately 1.03 acres (from a larger 14.78:t acre PUD site) "A", panel # 060340 0004D, dated 09/04/87 (revised with a LOMAR dated 04/18/91) STATUS OF PROPERTY: Existing Land Use Undeveloped Parcel General Plan Designation General Services Commercial Zoning CM-PUD STATUS OF SURROUNDING PROPERTY: North: East: South: West: Existing Land Use Future Hotel Site Truck Stop Jack-:in-the-Box . Freeway Interchange General Plan Designation General Services Commercial General Services Commercial General Services Commercial General Services Commercial Zoning CM-PUD CM-PUD CM-PUD N/A EXHIBIT "A" '-;C:::~S':l":""""':7-~"'~ ,'A... ,_~;::;7:.:;:U~_-;i';<':~~':'i;:~1lJ".~'<--':T~', ..,,,-\;?:,:,,,:..~ "J .:-!....~'~~: ;~:~Y-:";'"'i."'":':7~:~)'Y,':"~""":'!'):~"";,T,Z":"~;, A/S 98-33 (PUD) . . 7/21/98 2 CONFORMANCE OF REQUEST WITH GENERAL PLAN: The proposed project, representing a part of a larger PUD approved under A/S 93-05, is substantially consistent with the land use designation for the property on the General Plan Map (GENERAL SERVICES COMMERCIAL). The proposed project is also consistent with the intent of the text of the General Plan document. In addition, the proposed site design is also consistent with the following South County Joint Area Plan policies (adopted by the City Council on 5/15/89): 20.00 TRUCK STOPS , "Truck stops should be located near major truck routes, and because of their demand for higher levels of police and fire protection, and the nature and range of activities they generate, proposals to develop truck stops should be thoroughly evaluated for a variety of locational, environmental, fiscal, and safety-related considerations ..." 20.04 "Those truck stops which are allowed within the Cities of the South County should be located near major trucking routes in an area which will serve the maximum number of truckers, thereby minimizing the need for additional truck servingfacilities, and minimizing the impacts of truck traffic on the community. " ENVIRONMENTAL IMPACTS: A prior expanded Initial Study was prepared under General Plan Amendment request GP A 94-02, involving the subject 1.03 :i: acre site. The expanded Initial Study, addressing the project, was independently reviewed by City staffand reflects the independent judgement of the City of Gilroy. The Initial Study identified potentially significant effects on the environment, however, the applicant has agreed to specific revisions in the project and/or individual mitigation measures that applied to the project which avoid or mitigate the potential effects to a point where no significant effects will occur. There is no substantial evidence that the proposed project, as revised, may have a significant effect on the environment. Therefore, a Negative Declaration was prepared and approved under GPA 94-02 (adopted by the City Council on 1/17/95). StalT has subsequently reviewed this report in conjunction with the current request (A/S 98-33) and finds the proposed project substantially consistent with this prior environmental documentation. RELATED APPLICATIONS: TM 92-03: A Tentative Map request that created five parcels, each zoned CM-PUD. The five parcels range in size from approximately I.I:t to 7. 7:t acres. A circular public .street [Travel Park Circle], connecting to Monterey Street at two separate locations, will facilitate all access to the five parcels. This tentative map request was part of the PUD A/S 93-05 submittal. This request was recommended for approval by the Planning Commission and unanimously approved by the City Council on February 21, 1995, ":':"'l'-~~';~;I"!:i'1"'f;o7!'""::~". ,"'~'" f':-~'1-~'-':".:~~'~J':" ""'.:: ~'7"T'- :7,'~' Y'''''-,',:'- '."'~:?n":~-F-,J'fp~~:~:(- .r:"""'~"'" -" ", ' -..., ~'~,'. :":'~j:,~:V::'" "::"':"::"r'~~~'::"~:';':"';:'J~~~~5:'!':-'1""-:~7,",:,;,,"",c"rl;:'~\n''':.;':'''V';.:<<r:l'-',---:;>''~''::'J~:":';:;:~o!.;'':;:),''''-',:,r.~~-:,~~'!,r::TEi?>~~~;?"fo"~~~~~;~~': . . A/S 98-33 (PUD) 3 7/21/98 AfS 93-05 (PUD): Planned Unit Development approval for the overall truck stop site design, proposed uses, parcel configuration, on/off-site street improvements, and reciprocal parking arrangement between uses. This PUD application did not address or approve specific architectural building designs. The Planning Commission specifically asked that future architectural building designs be brought back before them. This request was recommended for approval by the Planning Commission and unanimously approved by the City Council on February 21, 1995. AfS 97-06 (PUD): Planned Unit Development Architectural & Site approval for the development of a Truck Stop I Mini- mart gas station on one of the five independent parcels which comprise the truck stop complex on property zoned CM-PUD (Commercial Industrial, Planned Unit Development). This request was recommended for approval by the Planning Commission and unanimously approved by the City Council on Apri121, 1997. AfS 97-38 (PUD): Planned Unit Development Architectural & Site approval for the development of a Jack-in-the-Box fast food restaurant on one of the five independent parcels which encompass the truck stop complex on property zoned CM-PUD (Commercial Industrial, Planned Unit Development). This request was recommended for approval by the Planning Commission and unanimously approved by the City Council on October 2, 1997, AfS 97-30 (PUD): !Iii' submitted in tandem with the subject AfS 98-33 request Planned Unit Development Architectural & Site approval for the development of a Carl's Jr. fast food restaurant on a newly created sixth parcel within the truck stop complex on property zoned CM-PUD (Commercial Industrial, Planned Unit Development). ANALYSIS OF REQUEST: The proposed Architectural & Site plans submitted by Jeffery's under this Planned Unit Development request will allow the construction of a restaurant on one of the five independent parcels which encompass the truck stop complex on property zoned CM-PUD (Commercial Industrial, Planned Unit Development), The first page of the architectural drawings, submitted by the applicant for this request, illustrates the original PUD approval granted under NS 93-05, and delineates the five parcels as created under TM 92- 03, ranging in size from 1.1:t to 7.7:t acres [Note: parcel # 4 was recently split, creating a sixth parcel]. A circular public street pattern, connecting to Monterey Road at two separate locations, will facilitate all access drives. No private access driveways directly to Monterey Road are proposed, with the exception ofa right-turn-only exit for parcel one [Jack-in-the-Box]. , ,,-, ' '^ ' ' -, ; " ' '" -," , r . . A/S 98-33 (PUD) 4 7/21/98 As submitted and approved under the original PUD application, A/S 93-05, the truck stop will involve the development of five parcels under one coordinated site plan design, with the following proposed uses: Parcel #1: Fast Food Restaurant Parcel #2: Full Service "sit-down" Restaurant Parcel #3: Motel Parcel #4: Public Mini-Storage Facility Parcel #5: Truck stop Lounge, Truck & Auto Fueling, Truck Parking, and Mini-Mart / Gas Station [new]Parcel #6: Carl's Jr. fast food restaurant Under the current PUD submittal. the applicant is requesting the following two actions: #1. Site design approval for the project configuration; and #2. Architectural design approval for the proposed restaurant building elevations. Site design Overall, the proposed Jeffery's Restaurant site plan configuration is substantially consistent with the prior - approved Planned Unit Development application A/S 93-05, reviewed by the Planning Commission and approved by the City Council on February 21, 1995 (note: the first page of the architectural drawings submitted by the applicant illustrates the overall PUD site design). As originally proposed, and approved by the Planning Commission and City Council, the main parking area will be "blended" with the adjoining parcel to the north [future motel] in order to minimize increased vehicular traffic on Travel Park Circle. In addition, the site design incorporates a shared common driveway to Travel Park Circle, thereby keeping all ingress/egress traffic to the local commercial street. Architectural design The proposed restaurant will be single story construction, tota15,500 square feet in floor area, and will seat 157 people. Blending in with architectural elements established under the prior approved PUD, A/S 97-06 for the Truck Stop Lounge I Mini-mart, the Jeffery's Restaurant will have a "Country Ranch" influence with the following architectural characteristics: Q Hipped roof, surfaced with high-profile asphalt shingles [same as Truck Stop /Mini-mart] Q Scored split-face concrete block wainscotting [same as Truck Stop /Mini-mart] Q Stuccoed wall faces with aluminum framed windows and doors [same as Truck Stop /Mini-mart] Q A building color schedule with accent banding [similar to the Truck Stop / Mini-mart] Q Landscaping plan matches the bas,ic plant & material theme [consistent within the entire PUD] "'"'';I~li'T'v,~'t~'r:'';'',':l)''' ,,;,.\"':1'r,,,,,.~~,.:;,:,~,.r-\"f;J~:~;.'::_;',':";':''l!~\1i,~:)''''~'~{t\::';"'7J;,...q~/;":u"Ti'r::~~~1<'!:o]'~~~'"",-~'cr;;;'<:' ':!:'~ . . 7/21/98 A/S 98-33 (PUD) 5 The applicant has worked closely with City staff in order to develop a project that addresses a multitude of site and architectural design issues and concerns. As submitted, the subject Planned Unit Development site plan design is consistent with both the intent of the City's General Plan text and Land Use Map. REOUIRED FINDINGS: In order to grant Planned Unit Development design review approval, the Planning Commission and City Council must find that the proposal will: A. Conform to the Gilroy General Plan in terms of general location and standards of development; B. Provide the type of development which will fill a specific need of the surrounding area; C. Not require urban services beyond those which are currently available; D. Provide a harmonious, integrated plan which justifies exceptions, if such are required, to the normal requirements of this Ordinance; E. Reflect an economical and efficient pattern of land uses; F. Include greater provisions for landscaping and open space than would generally be required; G. Utilize aesthetic design principles to create attractive buildings and open areas which blend with the character of surrounding areas; H. Not create traffic congestion, noise, odor, or other adverse effects on surrounding areas; and I. Provide adequate access, parking, landscaping, trash areas and storage, as necessary. STAFF RECOMMENDATIONS: Staff is recommending that the Planning Commission forward a recommendation to the City Council to approve this PUD design review request for the following reasons: ... The proposed site and architectural design are substantially consistent with the prior approved Planned Unit Development applications A1S 93-05 and A/S 97-06, reviewed by the Planning Commission and approved by the City Council on February 21, 1995, and April 21, 1997, respectively; ... The proposed site design conforms to the land use designation for the property on the General Plan map, and is consistent with the intent of the text of the General Plan document; . . 7/21/98 A/S 98-33 (PUD) 6 .. There will be no significant environmental impacts as a result of this project due to the required mitigation measures to be applied at the development stage; and .. As submitted, the proposed development is consistent with the necessary PUD Findings A through I, as stated under Zoning Ordinance Section 50.55. In addition. Staff recommends the followin& conditions be placed on the grantin& of this request: 1. MITIGATION MEASURES #1 through #23, contained within the revised Negative Declaration dated 12/16/94 for GP A 94-02 involving the subject project, shall be applied to the approval of this Planned Unit Development (A/S 98-33) in order to reduce and/or eliminate all potential significant impacts to a level of insignificance, as required under the California Environmental Quality Act (CEQA). 2. Landscaping: Landscaping plans including specifications for an irrigation system shall be approved by the Planning Division in accordance with the City's Consolidated Landscaping Policy, prior to issuance of a building pennit. The landscaping shall be continuously maintained in an orderly, live, healthy, and relatively weed-free condition, in accordance with the adopted landscaping policy. 3, Trash Enclosures: The trash enclosure shall consist of a visually solid masonry wall and gates, six (6) feet in height, in accordance with the adopted City of Gilroy standard trash enclosure design plan, or a similar design approved by the Planning Division. All trash enclosures shall be located in accordance with the approved site plan and Uniform Fire Code. 4. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward from the site toward any residential use or public right-of-way. 5. Mechanical Appurtenances: Mechanical equipment to be located on the roof of a building shall be screened by an architectural feature of the building such that it cannot be seen from ground level at the far side of the adjacent public right-of-way, whenever possible. 6. Building colors shall be consistent with the overall development theme, subject to Planning Division review and approval. ' 7. All public sewer lines, storm drains, and water lines which traverse through private parcels shall be within access/utility easements, subject to the review and approval by the Community Development Department. 8. The developer/applicant must obtain a sewer allotment for this project, and sign a sewer allotment agreement prior to the issuance of any building permits. 9. All curb cuts for access drives shall be constructed at a minimum distance often (10) feet from adjacent fire hydrants and/or street light poles, . . A/S 98-33 (PUD) 7 7/21/98 10. The developer shall separate the business water system from the landscaping system and provide an individual meter for each in accordance with City of Gilroy Standard Details. 11, The developer shall provide an emergency access roadway to within one hundred fifty feet (150') of the front side of any structure during project construction, subject to the review and approval by the Fire Department. 12. The developer shall provide and install a Knox Box, subject to the review and approval by the Fire Department. 13, The applicant is subject to Gilroy City Ordinance #83-6 (HMSO - Hazardous Materials Storage Ordinance) administered by the Fire Department, and' shall therefore obtain, complete, and sign an HMIS (Hazardous Materials Inventory Statement). 14. The applicant shall be required to install an underground grease interceptor for all food processing uses, subject to the review and approval of the City's Industrial Waste Inspector. 15, A revised site plan shall delineate an accessible path of travel to the public right-of-way, subject to the review and approval by the BLES (Building, Life, and Environmental Safety) Division. Respectfully, William F aus Planning Division Manager I:\PLANNING\TRUCK-S,MVW\1EFFERYS,PUD Planning D.artment NEGATIVE DECLARATION . City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 (408) 848-0440 { REVISED } CITY FILE NUMBERS: CPA 94-02, Z 92-07, TM 92-03, Pun AIS 93-05 PROJECT DESCRIPTION: Name <?f project: Nature of project: MVW properties Truck stop Center General plan Amendment, Zone change, Tentative Map, and planned unit Development (PUD) approvals to allow the proposed development of a truck stop complex. PROJECT LOCATION: Location: Approximately 15 acres on the west side of Bolsa Road, adjacent to the Highway 101 I Monterey street interchange. Assessor's Parcel Numbers: 841-14-067 Entitv or Person(s) undertakinq proiect: Name: MVW Partners (c/o Howard Vierra) Address: 22650 McKean Road, San Jose CA 95120 INITIAL STUDY: An expanded Initial study for this project was undertaken and prepared for the purpose of ascertaining whether the project might have a significant effect on the environment. A copy of this study is on file at the city of Gilroy planning Department, 7351 Rosanna street, Gilroy, california. FINDINGS & REASONS: The Initial study identified potentially significant effects on the environment. However, the applicant has agreed to specific revisions in the project and/or the project has been revised. See the following list of MITIGATION MEASURES, which avoid or mitigate potential effects to a point where no significant effects will occur. There is no substantial evidence that the project, as revised, may have a significant effect on the environment. The following reasons will support these findings: A. The proposed Truck stop center, under the provisions of a planned unit Development, is consistent with the city'S General plan land use map; B. The proposed planned unit Development is substantially consistent with the adopted goals and policies of the city's General plan document; C. The granting of the General plan Amendment, Zone Change, Tentative Map, and planned unit Development (PUD) approvals will not adversely affect or impact adjacent parcels of land or developed industrial, commercial , or agricultural properties in the vicinity; and D. The potential significant effects identified within the Initial study can be mitigated to reduce them to an insignificant level of i~pact. NEG.DEC. MVW TRUCK ST~ 2 . 12/16/94 REVISED 1. The project shall be designed in accordance with earthquake design regulations of the uniform Building code, subject to the review and approval by the city Building, Life & Environmental safety Department. 2. A soils investigation shall be prepared for the project site by a qualified soils engineer. The recommendations of the soils investigation shall be incorporated into the final improvement plans and shall be reviewed and approved by the City Department of Public works prior to approval of the final map. The purposes of the soils investigation are to determine the exact soils characteristics and limitations on the project site, specifically the shrink-swell potential of the soils, and to recommend appropriate engineering specifications for the proposed project. 3. ~he deve~oper shall construct f~nished floor elevatior.s at least o~e foot above the 100-year flood elevation as delineated on the 1994 preliminary FIRM amp on file with the city of Gilroy. To accomplish this, the preliminary grading plan shall be revised to reflect the following changes: A. Raise the first floor of the motel elevation 186'; and B. Raise the first floor of the mini-storage buildings to elevation 187'. 4. The design of all storm drainage improvements serving the project site shall be provided by the developer, subject to review and approval by the city Department of Public Works. These design plans shall include, but not be limited to: A. calculations verifying that at least 1.5 acre-feet of water detention storage will be provided at the project site; B. The water detention storage shall be lined. It shall have an appropriate inlet and outlet for releasinq water from the detention pond into a watercourse throuqh a storm drain system with adequate capacity to convey releases from the detention pond; C. Applicable storm water source and treatment-based best management practices, applied and maintained, as recommended in the California storm Water Best Management Practice Handbook; D. sediment and pollution control facilities within the storm drain detention facilities; and E. provisions for periodic sweeping for roadways, driveways, and parking areas on the project site. 5. Developers shall pay the appropriate storm drain development fees, subject to review by the city Department of Public Works prior to issuance of a building permit. 6. The project proponent shall be required to obtain a National pollution Discharge Elimination systems Program (NPDES) General Construction Permit, required under the Federal Clean Water Act, from the Regional water Quality control Board, prior to issuance of a building permit. The NPDES construction permit requires implementing both construction and post- construction phase storm water pollution best management practices. Additionally, the proposed project shall implement provisions of the NPDES construction permit which requires preparing and complying with a storm Water pollution Prevention Plan. REG.DEC. MVW TRUCK S~ 3 . 12/16/94 REVISED 7. The project proponent shall conduct a velocity study to design slope protection for the railroad ballast. The study shall address the scouring effect of the floodway and the measures that will be needed to be undertaken to protect the railroad tracks, ballast, and slopes. This study and design shall be subject to review and approval by the city Public works Department. 8. The developer shall pay the appropriate traffic impact fee, subject to approval of the city Department of Public Works, prior to issuance of a building permit. 9. The developer shall signalize the Monterey Street/Southbound Highway 101 ramps, intersection. 10. The developer shall prepare a traffic facilities improvement plan to include the installation of the following improvements: A. Provide a sidewalk along the entire project Monterey Street frontage; B. Provide bus turnouts along the project frontage as directed by the Santa clara county Transportation Agency; C. provide two through lanes, as well as a left-turn lane on the northbound Bolsa Road approach at the project driveway. This will be needed to accommodate long-term traffic growth; D. Provide two left-turn lanes, a through lane, and a right-turn lane on the northbound Highway 101 off-ramp. The ,left-turn lanes should provide a minimum of 300 feet of vehicular storage. The right-turn lane should provide a minimum of 200 feet of vehicular storage. This will be needed to accommodate long-term traffic conditions; E. signalize the Monterey Street/Northbound Highway 101 ramps, project driveway intersection; F. Dedicate right-of-way and provide frontage improvements along the project frontage on Bolsa Road to accommodate a four-lane divided arterial; G. Provide verification that the vertical alignment of the project driveway can accommodate a 25 mile per hour design speed. This includes sight distance across Monterey street. currently Monterey street if banked to the west with a 4 percent super elevation. The on- site driveway drops off to the east at a 5.5 percent grade. This is about a 10 percent change in gradient across the intersection. The ability for vehicles to maintain lane alignment east bound and west bound across the intersection must be maintained through the intersection; H. Provide a driveway on the easterly side of Parcel 2 to allow vehicle easier and clearer entry from an exit to the main project driveway. An east bound left-hand turn lane will need to be provided on the main project entrance to accommodate the inbound movement. The high turnover sit-down restaurant on Parcel 2 is currently proposed to be served by only a single driveway at the back side of the parcel; I. Install stop signs on th~ three exiting movements at the main project driveway intersection with the first on-site north/south cross aisle between parcels 1 and 5; and NEG. DEC. MVW TRUCK ST. 4 . 12/16/94 REVISED J. Provide for additional width required to allow for bike lanes on Monterey Road per city standards and specifications. Traffic facility improvement plans shall be subject to the review and approval by the city public works Department, prior to approval of the final map and final improvement plans. 11. The developers shall be responsible for submitting a dust and pollution control plan subject to review and approval by the city Building, Life & Environmental safety Department, consistent with existing city policies and codes prior to issuance of a building permit. This plan may include the fol~owing measures: A. Ri~ard engine timing on diesel-powered equipment to reduce NOx emissions. Maintain existing gasoline-powered equipment in tune per manufacturer's instructions. B. substitute electric-powered equipment for internal combustion-powered equipment, where feasible. c. substitute gasoline-powered equipment (preferably, with catalytic converters installed) for diesel-powered equipment, where feasible. D. Develop a comprehensive construction activity management plan to minimize the pieces of construction equipment operating and the extent of the site area worked during any given time period. E. Use water trucks or sprinkler systems to prevent airborne dust from leaving the site. Require increased watering frequency whenever wind speeds exceed 15 mph. F. Lay building pads and pave roadways area, sidewalks, parking lots, etc. as soon as possible. G. Limit the speed for all construction equipment to 15 mph on any unpaved surface. H. schedule hours to I. Water or as many construction truck trips as possible during non-peak reduce peak-hour emissions. securely cover all excavated material transported off-site. 12. Noise-generating construction activities shall be restricted to normal daytime hours (7:00 am to 10:00 pm). Construction equipment shall be properly muffled and maintained. The contractor work specifications for all construction activities shall reflect these measures subject to the review and approval of the city Building, Life & Environmental safety Department prior to issuance of a building permit. 13. A noise analysis shall be conducted to determine anticipated on-site noise levels generated by the proposed project. The analysis information shall be used to determine the need for any noise attenuation structures or special building design considerations for both the restaurant and the motel. The noise analysis shall be conducted subject to review and approval by the city Building, Life & Environmental safety Department prior to issuance of a building permit. NEG.DEC. MVW TRUCK s~ 5 . 12/16/94 REVISED 14. The developer shall provide design guidelines for the entire site which should include, but not limited to, the following components: A. Landscaping (paying special attention to the southern and western borders of the site, as well as between the truck parking area and the motel and restaurant). Development of the site shall conform to the city of Gilroy's consolidated Landscaping policy; and B. Architectural design (to ensure internal design compatibility and design which is compatible with southern Gilroy). These design guidelines shall be subject to the review and approval by the city Planning Department prior to approval of the final map and shall be addressed fully within the city of Gilroy's planned unit Development proc~dures via Architectural & site Review. 15. The developer shall construct all utilities to, through, and on the site underground subject to the review and approval by the city Department of Public Works. 16. Prior to development of the site, the developer shall pay required city of Gilroy Public safety impact fees. 17. The design of all water infrastructure improvements serving the project site shall be provided by the developer, subject to the review and approval by the city Department of Public Works. The proposed project shall provide a looped 12 inch water system from the existing line in Monterey street to the existing stub located in souths ide Drive east of the railroad tracks. This will require a fully dedicated utility easement through the private properties the line traverses. A bore & jack, separate from the one required for the sewer extension, will.be required under the railroad tracks. 18. Developers shall pay the appropriate water development fees, subject to review by the city Department of Public Works prior to the issuance of a building permit. 19. All existing on-site wells shall be permanently capped in compliance with the standards set forth by the Santa clara valley Water District and the city Department of Public Works prior to the issuance of a building permit. 20. The design of all sewer infrastructure improvements serving the project site shall be provided by the developer subject to review and approval by the city Department of Public Works. Sewer lines shall be a minimum of 12 inches. 21. Developers shall pay the appropriate sewer development fees subject to review by the city Department of Public Works prior to issuance of a building permit. 22. Prior to development of the site, the developer must obtain sufficient sewer allocation to serve the proposed project and will be required to pay city of Gilroy sanitary sewer connection fees. - NEG.DEC. MVW TRUCK ST~ 6 . 12/16/94 REVISED 23. Due to the possibility that significant buried cultural resources might be found during construction, language shall be printed on construction drawings to protect these resources, pursuant to the review by and approval of the city planning Department. such language might read as follows: "If archaeological resources or human remains are di'scovered during construction, work shall be halted within 50 meters (150 feet) of the find until it can be evaluated by a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented." Date prepared: October 21, 1994 End of Review period: December 9, 1994 Approved by city council: Michael Dorn, Director of planning . . I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No, 98-47 is an original resolution, duly adopted by the Council ofthe City of Gilroy at a regular meeting of said Council held on the 8th day of September, 1998, 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 23rd day of September, 1998, ~~ City Clerk of th€ City of Gilroy (Seal)