Resolution 2000-08
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RESOLUTION NO. 2000 - 08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TM 99-08, A TENTATIVE MAP TO
CREATE TWENTY-ONE INDUSTRIAL AND TWO
REMAINDER PARCELS, APN 841-17-080 AND APN 841-17-
004.
WHEREAS, Wellington Corporation ("Applicant") submitted TM 99-08, requesting a
Tentative Map to subdivide 104 acres into twenty-one (21) industrial parcels ranging from 2.7
acres to 10.9 acres, with two (2) remainder parcels; and
WHEREAS, the property affected by TM 99-08 is located along the south side of
Highway 152, east of Brem Lane and west of Gilroy Foods; and
WHEREAS, the Planning Commission held a duly noticed public hearing on January 6,
2000, following which it considered the record before it on this project and voted to recommend
adoption of the mitigated Negative Declaration dated November 24, 1999 and revised January 6,
2000, and approval ofTM 99-08 to the City Council; and
WHEREAS, the City Council held a duly noticed public hearing on February 7, 2000, at
which time the City Council considered the public testimony, the Staff Report dated December
22,1999, revised February 1,2000, and all other documentation related to application TM 99-08;
and
WHEREAS, following the public hearing, the City Council, pursuant to the California
Environmental Quality Act ("CEQA"), adopted the mitigated Negative Declaration for this
project, along with a Mitigation/Monitoring program, finding that the negative declaration was
completed in compliance with CEQA, that it reflects the independent judgment of the City, and
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Resolution No. 2000-08
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there is no substantial evidence that the project 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.
NOW, THEREFORE, BE IT RESOLVED THAT
A. The City Council finds as follows:
1. The project is consistent with the site's land use designation on the
General Plan map, and with the intent of the General Plan text.
2. The project is consistent with the Zoning Ordinance, the City's
Subdivision and Land Development Code, and the State Subdivision
Map Act.
3. There are no facts to support fmdings requiring denial of the
proposed tentative map pursuant to California Government Code
section 66474.
4. There is no substantial evidence in the record that this project will
have a significant effect on the environment.
B. Tentative Map TM 99-08 should be and hereby is approved, subject to:
1. The twenty-three (23) conditions, with revision to Condition 4,
identified in the Staff Report for the project dated December 22, 1999,
revised February 1,2000, attached hereto as Exhibit A, and one additional
condition incorporated herein by this reference. Conditions 4 and 24 shall
read in their entirety as follows:
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Resolution No. 2000-08
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Condition 4:
Prior to Final Map approval, the applicant/developer shall secure a
"Property Purchase and Swap Agreement" which will enable the applicant
to dedicate the adequate amount of East Luchessa right-of-way, as
delineated on the Gilroy General Plan map, which right-of-way shall be
subject to review and approval by the Planning Division and Engineering
Division. Said Agreement shall run to the benefit of successors and
assigns, and a Memorandum of Agreement summarizing those terms and
provisions required by the City to be set forth therein, in form and
substance acceptable to the City, shall be recorded against the property to
be acquired.
Condition 24:
1. This project is subject to Architectural and Site review by the
Planning Commission and City Council. Said review shall include, but
not be limited to, sidewalks, bicycle paths and landscaping plans.
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Resolution No. 2000-08
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2. The thirty (30) mitigation measures set forth in the Negative
Declaration, attached hereto as Exhibit B, and the Mitigation/Monitoring
Program, attached hereto as Exhibit C, all above-described exhibits
incorporated herein by this reference.
PASSED AND ADOPTED this 22nd day of February, 2000 by the following vote:
AYES:
COUNCILMEMBERS:
G. ARELLANO,P. ARELLANO,
PINHEIRO, SUDOL. VELASCO,
SPRINGER
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
MORALES
APPROVED:
~Yvi. l<K1 C1.I S;;.~i!( ^ vC
Thomas W. Springer, Mayor / 7
ATTEST:
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Rhonda Pellin, City Clerk
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Resolution No. 2000-08
Communi'Development I1~~rt~ent
Planning Division
Staff Report
FILE NUMBER:
APPLICANT:
LOCATION:
TM 99-08
December 22, 1999
(Revised February 1, 2000)
Wellington Corporation (% Glenn Pace)
South side of Highway 152 (pacheco Pass), East ofBrem Lane
STAFF PLANNER: Bryan Stice
REOUESTED ACTION:
The applicant requests Tentative Map approval in order to create 21 industrial parcels-ranging from
2,7.z acres to 10.9 acres-and two remainder parcels.
DESCRIPTION OF PROPERTY:
Parcel Numbers.:
Project Area:
Flood Zone:
841-17-080 and 841-17-004
93.2oJ: net acres (I04.z gross acres)
"AE" and "DOl Panel # 060340 0004E Date:
11-10-98
STATUS OF PROPERTY:
Existini: Land Use
Agriculture
General Plan Designation
General Industrial
STATUS OF SURROUNDING PROPERTY:
Existini Land Use
N: Industrial Services
Agriculture
S: Agriculture
Rural Residential Dwelling
E: Water District Channel
Food Processing Facility
W: Agriculture
Industrial Services
General Plan Designation
General Industrial
General Services Commercial
General Industrial
General Industrial
General Industrial
General Industrial
General Industrial
General Industrial
Zoning
M2
Zoning
M2
C3-PUD
County
County-HS
M2
M2
M2
M2
TM 99-08
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_2122199 (Revised 2/01/00)
CONFORMANCE OF REOUEST WITH GENERAL PLAN:
The proposed project 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. This project also conforms with the
policies of Gilroy's General Plan. The following examples demonstrate this compliance:
Urban Development and Community Desi!!ll (Section II):
Policy 3: "Urban Development will only occur within the incorporated portion of the Planning
Area. Land will therefore be annexed to the City before final development approval is
given. "
Policy 4: "The City will phase development in an orderly, contiguous manner in order to maintain
a compact development pattern to avoid premature investment for the extension of public
facilities and services. New urban development will occur in areas where municipal
services are avai/ahle and capacity exists prior to the approval of development in areas
which would require major new facility expansion.
Economic Develqpment (Section V):
Policy 2: "The City will encourage industrial development to locate in Gilroy which will support
local employment needs in preference to industries which would substantially fUel
housing and population growth and place additional burdens on public services,
facilities and schools. Industrial development should be phased according to the
availability of local housing, capabilities of public facilities, and provision of urban
services. It
The proposed project is in conformance with these policies, because this property is already located within It
incorporated City limits and because municipal services are currently available near this site. In addition, the
proposed development will help support local employment needs.
ENVffiONMENTAL REVIEW:
A previous Environmental Impact Report (EIR) was prepared for this site under General Plan Amendment
92-06. This EIR was certified by the City Council on January 18, 1994.
In addition, an Expanded Initial Study has been prepared fur this project in order to identify impacts associated
with the proposed development-given the lapse in time since certification of the original EIR, as well as the
potential combination of industrial and commercial development. This Initial Study was prepared fur the
proposed project by the City's independent environmental consultant (Golden State Planning and
Environmental Consulting) in November 1999. The study was completed in compliance with CEQA and
reflects the independent judgement of the City. The study identified potentially significant effects on the
environment, however, the applicant has agreed to individual mitigation measures which will avoid or mitigate
the effects to a point where no significant impacts will occur.
The Initial Study was circulated for a 3 a-day period ending 12-28-99. During the circulation period the City
received six (6) comment letters, all of which have been addressed with responses ("Exhibit A") prepared by
the City's environmental consultant. There is no substantial evidence that the proposed project may have a
significant effect on the environment. Therefore, a Negative Declaration ("Exhibit B") with 30 mitigation
measures and Mitigation Monitoring Program ("Exhibit C") have been prepared
tM 99-08
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RELATED APPLICATIONS:
A 97-02:
An annexation proposal that incorporated 90.05 acres of the project site into city limits. This request was
approved by the City Council on October 6, 1997,
Z 97-03:
A Zone Change request that pre-zoned 90.05 acres of the project site to M2 (General Industrial). This
request was approved by the City Council on September 2, 1997.
ANALYSIS OF REOUEST:
The applicant requests Tentative Map approval in order to create 21 industrial parcels-ranging from
2.7:'1::. acres to 10.9 acres-and two remainder parcels totalling 3.8 acres. The project site is located along
the south side of Highway 152, east of Brem Lane and west of Gilroy Foods. The site is zoned M2
(General Industrial) and is currently used for agricultural production. Existing industrial land uses are
located to the east, north and west of the project site. Agricultural land uses are also located to the north
and west, as well as to the south of the site.
The proposed site design delineates two phases: Phase I, totalling 104:'1::. acres and Phase II, totalling
69:1::. acres. Phase II is currently outside the incorporated City limits boundary as well as the City's Urban
Service Area. Phase II is not proposed for development at this time. Any future development of Phase
II will require annexation and separate environmental analysis, subject to review by LAFCo.
As submitted, the proposed Tentative Map parcel configuratkn reflects the applic:mt's intention to
develop a contemporary industrial park which will easily accommodate large industrial facilities. The
applicant proposes to serve each parcel with fiber-optic technology in addition to standard infrastructure.
In addition, seven (7) of the proposed parcels will range from 4.9 to 10.9 acres, enabling campus-like
facilities to locate within the industrial park. The remaining 14 parcels are 3.9 acres and smaller-sizes
which have rapidly sold and developed in recent years.
Primary access to the project site will be provided off of Highway 152 (pacheco Pass) with the
construction of a new "arterial" roadway (temporarily referred to as Wellington Boulevard). (Note: This
roadway will be assigned a particular name following review, selection, and approval by the City Council)
Secondary access points will be immediately available off of Higbway 152 via Silacci Way. Ultimately,
secondary access to the site will be provided off of East Luchessa and Camino Arroyo, both General Plan
"arterial" roadways.
According to the City's General Plan map, the proposed alignment of East Luchessa Avenue bisects a
IO-acre parcel (Lands of Hirasaki) of land that accommodates a rural residential dwelling and family
farm. Since development of Phase II would warrant construction of East Luchessa Avenue through the
Hirasaki property, the applicant is required to demonstrate an acceptable means by which East Luchessa
could develop (without condemnation), given that there are no plans for developing the Hirasaki property
in the immediate future. As a result, the applicant is negotiating a "Property Purchase and Swap
Agreement" with representatives of the Hirasaki property in an effort to satisfy the requirements of the
City as well as the needs of both private parties. The attached letter (dated December 13, 1999), from
a representative of the Hirasaki property, indicates their support for the proposed Tentative Map and that
the terms of such Agreement "appear to be substantially settled."
1M 99-08 . 4 .2/22/99 (Revised 2/01100)
The applicant has worked closely with City Staff, CalTrans, and the environmental traffic consultant to
develop an industrial park design that addresses a multitude of traffic issues and environmental concerns.
As submitted., the subject Tentative Map is consistent with both the intent of the City's General Plan text
and Land Use Map.
PLANNING COMMISSION ACTION:
At their meeting of January 6, 2000, the Planning Commission voted unanimously to recommend that
the City Council take the following two actions:
o To adopt the Negative Declaration (dated: 11/24/99; revised 1/06/00) as completed in compliance
with CEQA and reflecting the independent judgement of the City; and
@ To approve TM 99-08 with 23 conditions.
STAFF RECOMMENDATIONS:
Staff recommends that the City Council approve the subject request as recommended by the Planning
Commission. Therefore the City Council should take the two following actions:
o Adopt the attached Negative Declaration (dated: 11/24/99; revised 1/06/00) with 30 mitigation
measures; and
49 Approve TM 99-08 with 23 conditions below.
Staff recommends approval of this request for the following reasons:
# I. The proposed Tentative Map is substantially consistent with the land use designation for the
property on the General Plan map (GENERAL INDUSTRIAL);
#2. The Tentative Map proposal is generally consistent with the intent of the goals and policies
of the City's General Plan document;
#3. The Tentative Map proposal is generally consistent with the intent City's Subdivision and
Land Develop Code;
#4. Public utilities and infrastructure improvements needed in order to serve the proposed project
are located in close proximity to the project site;
#5. There is a demonstrated demand for improved industrial parcels; and
#6. There will be no significant environmental impacts as a result of this project due to the
required mitigation measures to be applied.
In addition, staff recommends that the following conditions of approval apply to this request:
1. MITIGATION MEASURES #1 THROUGH #30, contained within the Negative Declaration,
dated 11-24-99 (revised 1/06/00) shall be applied to the approval oftbe project in order to reduce
and/or mitigate all potential significant impacts to a level of insignificance, as required under the
California Environmental Quality Act (CEQA).
TM 99-08
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.2122199 (Revised 2/01/00)
2. The applicant/developer shall provide an approved decorative fence material where fencing is
proposed along existing water district channels within the project site, subject to review and approval
by the Planning Division.
3. All street names within the subject Tentative Map area shall be subject to review and approval by the
City's Street Naming Committee and/or the Street Naming Task Force.
4. Prior to Final Map approval, the applicant/developer shall secure and submit a "Property Purchase
and Swap Agreement" which will enable the applicant to dedicate the adequate amount of East
Luchessa right-of-way, as delineated on the Gilroy General Plan map, subject to review and approval
by the Planning Division and Engineering Division. Said agreement shall run to the benefit of
successors and assigns and shall be recorded against the property
5, For the necessary off-site dedications to the City of Gilroy required by the roadway and/or utility main
design, the developer shall pay all the costs of any land purchase for the ultimate right-of-way and
easements. The developer shall, within 21 days after City Council approval of the Tentative Map,
deposit the estimated cost of all condemnation expenses with the City of Gilroy's Community
Development Department All costs of the condemnation procedure shall be paid for the developer. All
easements and right-of-ways must be dedicated and/or deeded to the City of Gilroy before Final Map
approval, subject to review and approval by the Engineering Division.
6. The developer sh.all pay all the costs of any land purchase for the ultimate right-of-way and easements
and secondaJy access. The developer shall, within 21 days after City Council approval of the tentative
map, deposit the estimated cost of all condemnation expenses with the City of Gilroy's Engineering
Division. All easements and rights-of-way must be dedicated and/or deeded to the City of Gilroy prior
to final map approval, subject to review and approval by the Engineering Division.
7. Prior to City Council approval of the Tract Map and Improvement Plans, the following items shall be
completed by the applicant and/or developer:
1. A signed original composite plan by the electrical design engineer shall be a part of the
improvement plans;
2. A letter from the subdivision design civil engineer shall be prepared which states that the
composite plan complies with City Codes and Standards and that no underground utility conflict
exists;
3. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the City;
and
4. The plan check and inspection fee for the utility underground work will be collected by the City.
The above items shall be subject to review and approval by the Engineering Division.
8. Prior to any construction of the utilities in the field, the applicant and/or developer shall submit the
following items to the City Engineering Division for review and approval:
a) A signed and PG&E-approved original electric plan; and
b) A letter from the design Civil Engineer which states that electrical plans conform with City Codes
and Standards, and with the approved subdivision improvement plans.
9. All grading operations and soil compaction activities shall be per the approved soils report, subject to
review and approval by the Engineering Division.
TM 99-08
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W22199 (Revised 2/01100)
10. All existing water wells shall be sealed to meet the approval of the City Engineer and the Santa
Clara Valley Water District (SCVWD).
11. The developer shall implement and follow the Santa Clara Valley Urban Runoff Pollution
Prevention Program's recommended Best Management Practices (BMP) for construction activities,
as contained in the California Storm Water Construction BMF Handbook, subject to review and
approval by the Engineering Division.
12. The developer shall provide full street, curb, gutter, sidewalk, and electrolier improvements, subject
to the review and approval of the Community Development Department.
13. Street improvements and the design of all storm drainage, sewer and water lines, and all street
sections and widths shall be subject to the review and approval of Engineering Division. All utilities
to, through, and on the site shall be constructed underground, in accordance with Municipal Code
Section 21.120, subject to the review and approval of Engineering Division.
14. Subdivider shall defend, indemnify, and hold harmless the City, its City Council, Planning
Commission, agents, officers, and employees from any claim, action, or proceeding against the City
or its City Council, Planning Conunission, agents, officers, and employees to attack, set aside, void,
or annul an approval of the City, City Council, Planning Conunission, or other board, advisory
agency, or legislative body concerning this subdivision. City will promptly notify the subdivider
of any claim, action, or proceeding against it, and will cooperate fully in the defense. This condition
is imposed pursuant to California Government Code Section 66474.9.
15. An all-weather access road, not less than 20 feet in width, for fire apparatus shall be provided
before commencing any combustible construction. Fire hydrants shall also be installed and
maintained before combustible construction begins, subject to review and approval by the Building,
Life, and Environmental Safety Division.
16. Dead-end access roads, in excess of one hundred fifty (150) feet in length, shall enable fire engines
to turn around. Turning radii shall not be less than thirty-nine (39) feet, subject to the review and
approval of the Building, Life, & Environmental Safety Division.
17. Hydrant locations and water main sizing shall be approved by the Building, Life, & Environmental
Safety Division, prior to building permit issuance.
18. The developer shall provide street trees in accordance with the City's Consolidated Landscaping
Policy, subject to review and approval by the Community Services Department.
19. The applicant shall provide the Santa Clara Valley Water District detailed topographic maps with
the existing channel alignment and rights-of-way for both channels to clarify how much additional
right-of-way will be necessary. This mitigation shall be reviewed and approved by the Santa
Clara Valley Water District.
20. The applicant shall provide the Santa Clara Valley Water District a hydraulic model to verify that
the existing channel hydraulics is not adversely impacted by the construction of the proposed
street crossings over Princevalle Storm Drain. This mitigation shall be reviewed and approved
by the Santa Clara Valley Water District.
TM 99-08
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eu22199 (Revised 2/01100)
21. All roadway street sections except for the seventy feet (70 J street standard need to add a total of
ten feet (J 0:; to accommodate bike lanes.
22. A storm drain retention basin as outlined in the City's Storm Drain Master Plans needs to be
designed and built by this project. This basin will handle the over-capacity issue of the areas
storm drains and handle the flaw increases from the zone change from the 1982 General Plan to
the current General Plan. Alternate engineered solutions to the undersized storm drain situation
can be designed and installed If this is done, a master retention pond plan still needs to be
designed and implemented to handle the General Plan zone differem:es. The master retention
pond plan must shaw any interim ponds with the final design being one pond
23. This project is subject to additional traffic analysis of Highway 152 and Fraizer Lake Road and
Highway 152 and Holsclaw Road to adequately respond to comments from the County of Santa
Clara, subject to review and approval by the Engineering Division,
Respectfully,
~
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William Faus
Planning Division Manager
Attachments
EXHltsl1 B
Communit!oevelopment :o!partment
Planning Division
Negative Declaration
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City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
(408) 848-0440
City File Number: TM 99-08
November 24, 1999
(Revised January 6, 2000)
Project Description
Name of Project:
Nature of Project:
Wellington Business Park
Request to subdivide approximately 104 acres into 21 industrial parcels
ranging from 2.7 to 10.9 acres.
Prliject Location
Location:
Assessor's Parcel #:
South side of Highway 152, north of and east of Silacci Way.
841-17-080 and 841-17-004
Entity or Person(s) Undertakinl: Pl'Qject
Name:
Address:
Wellington Corporation (% Glenn Pace)
275 Tenant Avenue, Ste. 102, Morgan Hill, CA 95037
Initial Study
An expanded 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.
Findings & 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:
1. The proposal is a logical component of the existing and potential land use of this area.
2. Potentially adverse impacts are proposed to be mitigated.
3. The proposed project is consistent with the adopted goals and policies of the Gilroy General Plan.
4. The Initia1 Study was independently reviewed by City staff, and this Negative Declaration reflects
the independent judgement of the City of Gilroy.
Draft Negative Declaratioe
TM 99-08
2
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11/24/99 (revised 1/06/00)
Mitigation Measures
1. All future project plans shall contain a notice requiring that all applicable BAAQMD construction and operational
impact emission control measures pertinent to the Basic Control Measures and Enhanced Control Measures, as
indicated in the BAAQMD CEQA Guidelines, be implemented.
2. All future project plans shall indicate preferential parking spaces for carpool and vanpool vehicles, and provide
weather-protected bicycle parking for employees.
3. Future bus stops shall include all-weather protective~pace designed to stay dry during periods of inclement
weather.
4. Refer to mitigations 1 - 3.
5. Refer to mitigations 1 - 3.
6. Future development plans shall submtt a Notice of Intent to the Central Coast RWQCB prior to obtaining a grading
permit from the city. This permtt will require development and implementation of a Storm Water Pollution
Prevention Plan (SWPPP) that uses storm water "Best Management Practices" (BMP) to control runoff, erosion
and sedimentation from the site. The SWPPP has two major objectives: (1) to help identify the sources of
sediments and other pollutants that affect the quality of storm water discharges, and (2) to describe and ensure
the implementation of practices to reduce sediment and other pollutants In storm water discharges. The SWPPP
must include BMP, which address source reduction and, if necessary, shall include practices, which require
treatment Integral to the NOI process is submittal of engineering designs. The SWPPP will be submitted to the
City Engineering Division and the Santa Clara Valley Water District for review and approval prior to approval of the
final map.
7. Due to the possibility that significant buried cultural resources might be found during construction, the following
language shall be included in all permits issued for the project stte, including, but not limited to building permits
for the future development, pursuant to the review and approval of the City Planning Division:
"If archaeological resources or human remains are discovered during construction, work shall be halted at
minimum of 200 feet from the find and the area shall be staked off. The project developer shall notify the
coroner or the Director of the Archaeological Regional Research Center. If the find is determined to be
significant, appropriate mitigation measures shall be formulated and implemented."
8. As a construction implementation step for all future development on the project site, the project proponent shall
have a soils investigation completed by a qualified soils engineer subject to review and approval by the Gilroy
Community Development Department. Recommendations from this investigation shall be incorporated into the
final Improvement plans for all future development on the project stte, and shall be subject to the review and
approval of the City Building Department prior to the issuance of a building permtt.
9. Future development on the project site should be undertaken during the dry season (April 15to October 15). If
construction is undertaken during the wet season (October 15 to April 15) or any portion thereof, the project
proponent shall prepare an erosion control plan subject to the review and approval by the Gilroy Community
Development
10. Refer to mitigation measure 8.
11. A qualified soils engineer shall prepare a soil investigation for the projeCt. The recommendation of the soils
investigation shall be incorporated into the final map and shall be reviewed and approved by the GiI roy Engineering
Division prior to approval of the final map, .
12. Implement mitigation measure 8.
. Draft Negative DeClaratioe
TM 99-08
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3
11/24/99 (revised 1/06/00)
13. Prior to future development, the project proponent shall be required to submfi a detailed storm drainage
improvement plan for the project site and construct improvements specified in the plan. The plan shall include
design and specification for the on-5ile storm drainage system and all off-site storm drainage improvements, The
type, size, and location of all infrastructure improvements shall be determined by the Engineering Division prior
to issuance of a building permfi. The plan shall include, but not be Iimfied to the following:
a. On the eastern portion of the project sfie, the project proponent shall design a regional retention pond, a
series of detention ponds, or other approved method, to detain surface water run-off and ensure that storm
water runoff from the proposed site does not increase and to accommodate the City of Gilroy's Master Storm
Drain De5tgn. The floodwater flow paths created by lot grading, as well as the location, configuration, and
construction of individual buildings, should not exceed a 50 percent reduction in the existing hydraulic
conveyance capacity across the parcel. Use of landscape berms and/or raised parking areas shall be
prohibfied.
b. The drainage from the parking areas and roads shall use a comprehensive non-point source treatment
system of vegetated drainage swales or a filter system prior to entering the storm drain system.
c. Any storm drainage detention facilities shall also provide sediment control facilities.
14. The developer shall provide on-site drainage easements for the regional detention pond and all City of Gilroy storm
drainage facilities discharging into and out of the facility. This shall be completed prior to issuance of a building
permfi and shall be subject to review and approval by the Engineering Division.
15. Future development shall construct finished floor elevations at least one foot above the 1 OO-year flood elevation
as delineated on the current Flood Insurance Rate Maps (FIRM) produced by the Federal Emergency
Management Agency (FEMA) subject to the review and approval of the City of Gilroy Engineering Building, Ufe
and Environmental Safety Division prior to issuance of a building permfi.
16. Future Development shall be required to apply for and obtain a "General Permfi for Storm Water Discharge
Associated with Construction Activity" from the regional Water Quality Control Board if the amount of land to be
disturbed is live or more acres prior to issuance of a building permit for each individual future project.
17. Future development adjacent to or within the vicinity of the Princevalle Storm Drain shall be required to obtain a
disbict encroachment permit from the Santa Clara Valley Water District prior to issuance of a building permfi for
the project.
18. Future development shall obtain a special flood hazard development permfi prior to construction from the
Engineering Division in addition to all federal, state and local permits necessary for future development prior to
issuance of a building permit. The development permfi application shall include the following:
a. Proposed elevation in relation to mean sea level, or the lowest floor Qncluding basement) of all structures;
b. Proposed elevation in relation to mean sea level to which any structure will be flood-proofed;
c. Certification of a registered professional engineer or architect that the flood-proofing methods for any non-
residential structure meet criteria in Section 5 of the Floodplain Management Ordinance; and
d. A description of the extent to which any water course will be altered or relocated as a result of future.
development.
19. lithe proposed project proposes to connect or construct mains for the storm drain system in a different place than
its basin has been modeled for in the City of Gilroy Storm Drainage Master Plan, the developer shall pay the cily's
consultant the required fees to l'lH'Un the modeled system. These fees shall be paid prior to issuance of a building
permfi.
20. Refer to mitigation measures 13--19,
21. Refer to mitigation measure 6.
Draft Negative Declaratio.
TM 99-08
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11124/99 (revised 1/06/00)
4
22. Refer to mitigation measures 13-19
23. The applicant shall install a traffic signal at the US 101 northbound ramps and Highway 152.
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IIUIU.IJUUIIJ Icft.-lullllallll;;;, alld UII'W lIulH,buUlI'd I~IIL-lullllalll!;;. TII;'" lII;tiyatiulI .,l.all bog Ig";'I;nw'C'J alld Clt-'t-',uycd
Ly Call. CillO. 0" j.C_
The applicant shall enter into a deferred agreement pertaining to the intersection of Silacci Way and
Highway 152. The deferred agreement shall contain the following:
The developer shall construct the intersection of Silacci Way and Highway 152 as a right-in, right-out
and left-in to Silacci Way and to monitor this intersection yearly for signal warrants. Once signal
warrants are projected to be met, the developer shall install a temporary signal at the intersection of
Silacci Way and Highway 152, providing full access. This signal shall stay in place until such time as
the connection of Camino Arroyo is made at Highway 152 and the roadway network provides access
from the proposed project to Camino Arroyo. At this time the developer of the proposed project shall
remove the signal at Silacci and reconstruct the intersection to the ultimate configuration of right-in,
right out and left into Silacci. All costs for intersection monitoring, signal installation, signal removal
and reconstruction (including design and construction management) shall be borne by the developer.
25. The applicant proposes to construct this intersection as part of the project. Caltrans peak-hour volumes are
high enough to warrant a traffic signal, therefore, the intersection shall also be signalized when it is built.
Highway level-of-service improvements will require the addition of an eastbound and westbound through lane
at this intersection. The final lane geometry after mitigation improvements will be two eastbound through
lanes, one eastbound right-turn lane, two westbound through lanes. one westbound left-turn lane, two
northbound left-turn lanes, and one northbound right-turn lane. This mitigation shall be reviewed and
approved by CaRrans.
26. The applicant shall install a temporary traffic signal at the Brem LanelRenz Lane and Highway 152
intersection. This intersection will be removed under cumulative conditions with the construction of Camino
Arroyo to Highway 152. This mitigation shall be reviewed and approved by CaRrans.
27. The applicant shall extend the existing westbound left-turn pocket an additional 20 feet and extend the existing
westbound left-turn pocket an additional 75 feet. There is approximately 135 feet between the end of the
westbound left-turn pocket and the railroad crossing, therefore, the extended pocket can be accommodated.
The westbound left-turn pocket improvement can be made by restriping the existing turn pocket. With
implementation of this improvement, the storage capacity for westbound and southbound left turns would
adequately accommodate the estimated maximum vehicle queues for those movements during the peak
hours. This mitigation is subject to review and approval by the Gilroy Engineering Division.
28. The applicant shall add a second southbound left-turn lane. This improvement is superior to simply extending
the existing turn-pocket because it would minimize green time on Chestnu.t Street allowing for better
progression for the coordinated signal system on Tenth Street. With implementation of this improvement, the
storage capacity for southbound left turns would adequately accommodate the estimated maximum vehicle
queues for this movement during the peak hours. The final lane geometry for the north approach after
mitigation improvements will be one through/right-turn lane, one through lane and two left-turn lanes. The
other approaches will remain unchanged from background conditions. This mitigation is subject to review and
approval by the Gilroy Engineering DMsion.
29. The applicant shall add a second 1 DO-foot westbound left-turn lane under project A conditions or add a
second 120-foot westbound left-turn lane under project Band C conditions. With the implementation of this
improvement, the storage capacity for westbound left turns would adequately accommodate the estimated
maximum vehicle queues for this movement dUring the peak hours. The final lane geometry for the east
approach after mitigation improvements will ba two through lanes and two left-turn lanes. The other
approaches will remain unchanged from background conditions.
. Draft Negative Declaratioe
TM 99-08
5
.
11/24/99 (revised 1/06/00)
30. One lane in each direction should be added to the segment of Highway 152 fronting the project site. The lanes
would be added over an approximate 5,500-foot section of Highway 152 and would begin at the lane drops
near Brem LanelRenz Lane and continue eastward where they would transition back to two lanes before the
L1agas Creek bridge.
Date Prepared: 11/24/99 (revised 1/06/00)
End of Review period: 12/28/99
~7
Date Adopted:
William Faus
Planning Division Manager
.
EXHIBIT C
.
Wellington Business Park Subdivision Initial Study
Mitigation Monitoring Program
Introduction
On Jany,ary 1, 1989, the California State Legislature passed into law Assembly Bill
3180. This bill 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 or project approval during project implementation
in order to avoid significant adverse environmental effects identified in the
environmental review process.
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 bases for this monitoring program are the mitigation measures included in the
initial study/negative declaration. These mitigation measures are designed to
eliminate or reduce significant adverse environmental effects to levels of
insignificance. 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 initial study/negative declaration.
Monitoring Program Procedures
It is required that the City of Gilroy use the attached monitoring checklist for the
proposed project. The monitoring program should be implemented as follows:
1. The City of Gilroy Planning Division should be responsible for coordination of
the monitoring program, including the monitoring checklist. The Planning Division
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.
2. Each responsible individual or agency will then be responsible for
determining whether the mitigation measures contained in the monitoring checklist .
Golden Stllte Planning lI1Id Environmenttll Consulting
MMP-I
Wellin/(ton Business. Initial Study ~. Mit;,ration Monitoring Program
have been implemented. Once all mitigation measures have been complied with,
the responsible individual or agency should submit a copy of the monitoring
checklist to the City of Gilroy Planning Division to be placed in the project file. If a
mitigation measure has not been complied with, the monitoring c/:1ecklist should not
be returned to the Planning Division.
3. Before issuance of an occupancy permit, the Planning Division should review
the checklist to ensure that all mitigation measures and additional conditions of
project approval included in the monitoring checklist have been implemented. An
occupancy permit should not be issued until all mitigation measures and additional
conditions of project approval included in the monitoring checklist have been
implemented.
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 Planning Division, describing the non-
compliance and requiring compliance within a specified period of time. If a 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.
Golden Stale P1l1tJning and Environmental Consulting.
1-2
Wellinll10n Business . Initial Study
_. Mititfation Monitorinll Prowam
Mitigation Monitoring Checklist A
Before approval of the Final Map, the following mitigation mei;lsures shall be
im lemented.
Mitigation
Number
Mitigation
Party
Responsible for
Implementation
Party
Responsible for
Monitoring
,'- NOT APPLICABLE
Mitigation Monitoring Checklist B
Before issuance of a Gradina/Buildina Permit. the following mitigation
measures shall be implemented.
Mitigation Mitigation Party Party
Number Responsible for Responsible for
Implementation Monitoring
1 All future project plans shall Applicant Community
contain a notice requirtng that all
applicable BAAQMD construction Development
and operational impact emission Department
control measures pertinent to the
Basic Control Measures and
Enhanced Control Measures, as
indicated in the BAAQMD CEQA
Guidelines, be implemented.
2 All future project plans shall Applicant Community
indicate preferential parking Development
spaces for carpool and van pool Department
vehicles, and provide weather-
protected bicycle parking for
employees.
3 Future bus stops shall include all- Applicant. Community
weather protective space designed Development
to stay dry durtng pertods of Department
inclement weather.
4 Refer to mitigations 1 - 3. Applicant Community
Development
Decartment
Golden StatlI Planning and Enrlronmetltal ConsuJfl/lf1.
1.3
Wellinf[ton BUsiness. Initio! Study
5
Refer to mitigations 1 - 3
6
Future development plans shall
submit a Notice of Intent to the
Central Coast RWaCB prior to
obtaining a grading pennit from
the city. This pennit will require
development and implementation
of a Storm Water Pollution
Prevention Plan (SWPPP) that
uses stonn water "Best
Management Practices" (BMP) to
control runoff, erosion and
sedimentation from the site. The
SWPPP has two major objectives:
(1) to help identify the sources of
sediments and other pollutants
that affect the quality of stonn
water discharges, and (2) to
describe and ensure the
implementation of practices to
reduce sediment and other
pollutants in stonn water
discharges. The SWPPP must
include BMP, which address
source reduction and, if necessary,
shall include practices, which
require treatment. Integral to the
NOI process is submittal of
engineering designs. The SWPPP
will be submitted to the City
Engineering Division and the
Santa Clara Valley Water District
for review and approval prior to
approval of the final map.
,.:'-
7
Due to the possibility that
significant buried cultural
resources might be found during
construction, the following
language shall be included in all
pennits issued for the project site,
including, but not limited to
building pennits for the future
development, pursuant to the
review and approval of the City
Planning Division:
"If archaeological resources or
human remains are discovered
during construction, work shall be
halted at minimum of 200 feet
from the find and the area shall be
staked off. The project developer
shall notify the coroner or the
Golden StatlI Planning and Enllironmetltal Consulting.
_. Mitigation Monitoring Pro1[ram
Applicant
Community
Development
DeDartment
Applicant
Community
Development
Department
Applicant
City of Gilroy
Planning Division
1-4
Wellington Business. Initial Study
. Mitigation Monitoring Program
Director of the Archaeological
Regional Research Center. If the
find is determined to be
significant, appropriate mitigation
measures shall be formulated and
implemented. .
8 As a construction implementation Applicant Community
step for all future development on Development
the project site, the project Department
,.'- proponent shall have a solis
investigation completed by a
qualified solis engineer subject to
review and approval by the Gilroy
Community Development
Department. Recommendations
from this investigation shall be
incorporated into the final
improvement plans for all future
development on the project site,
and shall be subject to the review
and approval of the City Building
Department prior to the issuance
of a building permit.
9 Future development on the project Applicant Community
site should be undertaken during Development
the dry season (April 15 to October Department
15). If construction is undertaken
during the wet season (October 15
to April 15) or any portion thereof,
the project proponent shall prepare
an erosion control plan subject to
the review and approval by the
Gilroy Community Development
Department prior to the issuance
of a grading permit. The erosion
control plan shall include the
following information:
a. Measures for controlling
erosion during construction of
the proposed project, including
contractor specifications,
detention basins to hold pre-
development run-off volumes
for a 1 OQ.-year storm event,
reseeding of disturbed areas, .
and periodic watering during
excessive winds.
b. Measures for controlling
. erosion after construction of the
project site, including reseeding
of disturbed areas.
10 Refer to Mitigation Measure 8. Applicant Community
Golden Stale Planning and Environmental Consulting.
1.5
WeUinf(ton Business .Initial Study
_. Mitigation Monitorinl{ Pro1!1'am
Development
Department
11 A qualified soils engineer shall Applicant Engineering Division
prepare a soil investigation for the
project. The recommendation of
the soils investigation shall be
incorporated into the final map and
F- shall be reviewed and approved by
the Gilroy Engineering Division
prior to approval of the final map.
12 Implement mitigation measure 8 Applicant Community
Development
Department
13 Prior to future development, the Applicant Engineering Division
project proponent shall be required
to submit a detailed storm
drainage improvement plan for the
project site and construct
improvements specified in the
plan. The plan shall include
design and specification for the
on-site storm drainage system and
all off-site storm drainage
improvements. The type, size,
and location of all infrastructure
improvements shall be determined
by the Engineering Division prior
to issuance of a building permit.
The plan shall include, but not be
limited to the following:
a. On the eastern portion of the
project site, the project
proponent shall design a
regional retention pond, a
series of detention ponds, or
other approved method, to
detain surface water run-off and
ensure that storm water runoff
from the proposed site does not
increase and to accommodate
the City of Gilroy's Master
Storm Drain Design. The
floodwater flow paths created
by lot grading, as well as the
location, configuration, and
construction of individual
buildings, should not exceed a
50 percent reduction in the
existing hydraulic conveyance
capacity across the parcel. Use
of landscape berms and/or
raised parki!!9. areas shall be
Golden Stale Pfanninll and Environmental Consulting.
1-6
Wellington Business. Initial StMdy
_. Mitigation Monitorinll Pro1[1'am
prohibited.
b. The drainage from the parking
areas and roads shall use a
comprehensive non point source
treatment system of vegetated
drainage swales or a filter
system prior to entering the
storm drain system.
c. Any storm drainage detention
facilities shall also provide
sediment control facilities.
, -
14 The developer shall provide on- Applicant Engineering Division
site drainage easements for the
regional detention pond and all
City of Giiroy storm drainage
facilities discharging into and out
of the facility. This shall be
completed prior to issuance of a
building permit and shall be
subject to review and approval by
the Engineering Division.
15 Future development shall . Engineering Division
construct finished floor elevations
at least one foot above the 100-
year flood elevation as delineated
on the current Flood Insurance
Rate Maps (FIRM) produced by
the Federal Emergency
Management Agency (FEMA)
subject to the review and approval
of the City of Gilroy Engineering
Building, Life and Environmental
Safety Division prior to issuance of
a building permit.
16 Future Development shall be Community
required to apply for and obtain a Development
"General Permit for Storm Water Department
Discharge Associated with
Construction Activity" from the
regional Water Quality Control
Board if the amount of land to be
disturbed is five or more acres
prior to issuance of a building
permit for each individual future
project.
17 Future development adjacent to or Community
within the vicinity of the Development
Princevalle Storm Drain shall be Department
required to obtain a district
encroachment permit from the
Santa Clara Valley Water District
prior to issuance of a building
permit for the project.
Golden state PllII/ning and Environmental Consulting.
1-7
Wellingto" Business. J"itiol Study
-e Mrtigation Monitorinf! Pro1!l'am
18 Future development shall obtain a Community
special flood hazard development Development
pennit prior to construction from Department
the Engineering Division in
addition to all federal, state and
local penn its necessary for future
development prior to issuance of a
building penn it. The development
pennit application shall include the
following:
F-
a. Proposed elevation in relation
to mean sea level, or the lowest
floor (including basement) of all
structures;
b. Proposed elevation in relation
to mean sea level to which any
structure will be floodproofed;
c. Certification of a registered
professional engineer or
architect that the flood proofing
methods for any non-residential
structure meet criteria in
Section 5 of the Floodplain
Management Ordinance; and
d. A description of the extent to
which any water course will be
altered or relocated as a result
of future development.
19 If the proposed project proposes to Engineering Division
connect or construct mains for the
stonn drain system in a different
place than its basin has been
modeled for in the City of Gilroy
Stonn Drainage Master Plan, the
developer shall pay the city's
consultant the required fees to reo
run the modeled system. These
fees shall be paid prior to issuance
of a building pennit.
20 Refer to mitigation measures 13- Community
19. Development
Deoartment
21 Refer to mitigation measure 6. Community
Development
Deoartment
22 Refer to mitigation measures 13- Community
19 Development
Deoartment
Golden Statll Planning and Enllironmental Consulting.
1-8
WeUinRton Business .nitial Study
~. Mitigation Monitorinl[ Pr~1(I"am
Mitigation Monitoring Checklist C
Before issuance of an OccuDancv Permit, the following mitigation measures
shall be implemented.
Mitigation Mitigation Party Party
Number Responsible for Responsible for
..'--- Implementation Monitoring
23 The applicant shall install a traffic Applicant Engineering Division
signal at the US 101 northbound
ramps and Highway 152.
24 The applicant shall enter into a Applicant Engineering Division
deferred agreement pertaining to
the intersection of Silacci Way and
Highway 152. The deferred
agreement shall contain the
following:
The developer shall construct the
intersection of Silacci Way and
Highway 152 as a right-in, right-out
and left-in to Silacci Way and to
monitor this intersection yearly for
signal warrants. Once signal
warrants are projected to be met,
the developer shall install a
temporary traffic signal at the
intersection of Silacci Way and
Highway 152, providing full
access. This signal shall stay in
place until such time as the
connection of Camino Arroyo is
made at Highway 152 and the
roadway network provides access
from the proposed project to
Camino Arroyo. At this time the
developer of the proposed project
shall remove the signal at Silacci
and reconstruct the intersection to
the ultimate configuration of right-
in, right-out and left Into Silaccl.
All costs for Intersection
monitoring, signal Installation,
signal removal and reconstruction
(Including design and construction
management) shall be bome by
the developer.
Golden SUIte Planning and Environmental Consulting.
MMP-9
Wellington Business. Initial Study
.. MitiTlanon MonitorinK PrOf(ram
25 The applicant proposes to Applicant Engineering Division
construct this intersection as part
of the project. Caltrans peak-hour
volumes are high enough to
warrant a traffic signal, therefore,
the intersection shall also be
signalized when it is built. Highway
level of service improvements will
require the addition of an
eastbound and westbound through
i''- lane at this intersection. The final
lane geometry after mitigations
improvements will be two
eastbound through lanes, one
eastbound right-turn lane, two
westbound through lanes, one
westbound left-turn lane, two
northbound left-turn lanes, and
one northbound right-turn lane.
This mitigation shall be reviewed
and approved bv Caltrans.
26 The applicant shall install a Applicant Engineering Division
temporary traffic signai at the
Brem LanelRenz Lane and
Highway 152 intersection. This
intersection will be removed under
the general plan buildou! scenario
with the construction of Camino
Arroyo to Highway 152. This
mitigation shall be reviewed and
approved !lY. Caltrans.
27 The applicant shall extend the Applicant Engineering Division
existing westbound left-tum pocket
an additional 20 feet and extend
the existing westbound left-turn
pocket an additional 75 feet.
There is approximately 135 feet
between the end of the westbound
left-turn pocket and the railroad
crossing, therefore, the extended
pocket can be accommodated.
The westbound left-turn pocket
improvement can be made by
restriping the existing turn pocket.
Wilh implementation of this -
improvement, the storage capacity
for westbound and southbound left
turns would adequately
accommodate the estimated
maximum vehicle queues for
those movements during the peak
hours, This miligation is subject to
review and approval by the Gilroy
Engineering Division. This
mitigation is subject to review and
approval by the Gilroy Engineering
Division. ,
Golden State Planning and Environmental Consulting,
MMP-IO
WeUin Miti ation Monitorin Pr'o am
28 The applicant shall add a second Applicant Engineering Division
southbound left-turn lane. This
improvement is superior to simply
extending the existing turn-pocket
because it would minimize green
time on Chestnut Street allowing
for better progression for the
coordinated signal system on
Tenth Street. With the
implementation of this
improvement, the storage capacity
,,'e., for southbound left tums would
adequately accommodate the
estimated maximum vehicle
queues for this movement during
the peak hours. The final lane
geometry for the north approach
after mitigation improvements will
be one share through/right-tum
lane, one through lane and two
left-tum lanes. The other
approaches will remain unchanged
from background conditions. This
mitigation is subject to review and
approval by the Gilroy Engineering
Division.
29 The applicant shall add a second Applicant Engineering Division
1 DO-foot westbound left-turn lane
under project A conditions or add a
second 120-foot westbound left-
turn lane under project Band C
conditions. With the
implementation of this
improvement, the storage capacity
for westbound left tums would
adequately accommodate the
estimated maximum vehicle
queues for this movement during
the peak hours. The final lane
geometry for the east approach
after mitigation improvements will
be two through lanes and two left-
tum lanes. The other approaches
will remain unchanged from
back round conditions.
30 One lane in each direction should Applicant Engineering Division
be added to the segment of
Highway 152 fronting the project
site. The lanes would be added
over an approximate 5,500-foot
section of Highway 152 and would
begin at the lane drops near Brem
lanelRenz lane and continue
eastward where they would
transition back to two lanes before
the lIa as Creek brid e.
Golden SUIte Planning and Environmentol Consulting.
MMP-ll
.'
.
.
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2000-08 is an original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 22nd day of February, 2000, 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 3rd day of March, 2000.
l'lJn~&A_
City Clerk of the City of Gilroy
(Seal)