Resolution 2001-24
RESOLUTION NO. 2001-24
A RESOLUTION OF THE CITY OF GILROY APPROVING AlS
01-18, AN APPLICATION FOR MASTER ARCHITECTURAL
AND SITE APPROVAL OF A PLANNED UNIT
DEVELOPMENT (PUD) ON APPROXIMATELY 8.18 ACRES,
APN 841-14-076.
WHEREAS, the Garlic Farm Annex LLC ("Applicant") submitted AlS 01-18, an
application for architectural and site approval of a Planned Unit Development ("PUD") for a
truck wash and repair facility, involving approximately 8.18 acres located on 5870 Monterey
Road, immediately south of the Garlic Farm Truck Stop; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Negative
Declaration was adopted by the City Council on July 17, 2000 with fifteen (15) mitigation
measures, in connection with zone change application Z 00-01, and the City has determined that
this project is included in that CEQA review; and
WHEREAS, the Planning Commission held a duly noticed public meeting on AprilS,
2001, at which time the Planning Commission considered public testimony, the Staff Report
dated March 27, 2001 ("Staff Report"), and all other documentation related to AlS 01-18 and
recommended that the City Council approve AlS 01-18; and
WHEREAS, the City Council held a duly noticed public meeting on April 16, 2001, at
which time the City Council considered the public testimony, the Staff Report, and all other
documentation related to application AlS 01-18; 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.
\CDS\514165.1
01-041904706038
-1-
RESOLUTION NO. 2001-24
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council hereby adopts the following findings as required by Zoning
Ordinance section 50.55, set forth at pages 4 and 5 of the Staff Report along with
the facts supporting these findings, and based upon substantial evidence in the
record.
B. The City Council hereby also finds that there is no substantial evidence in the
record that this project will have a significant impact on the environment.
C. AlS 01-18 should be and hereby is approved subject to:
1. The fifteen (IS) conditions described in the Staff Report, attached hereto
as Exhibit A and incorporated herein by this reference, and the Negative
Declaration and Mitigation Monitoring Program attached hereto as Exhibit B and
incorporated herein by this reference.
PASSED AND ADOPTED this 7'h day of May, 2001, by the following vote:
AYES:
COUNCILMEMBERS:
MORALES,
VELASCO
G. ARELLANO,
SPRINGER
PINHEIRO,
SUDOL,
NOES:
COUCILMEMBERS:
P.
ARELLANO,
ABSENT:
COUNCILMEMBERS:
NONE
APPROVED:
'- /;;;~ ~ (J
Q/ Thomas W. Springer, ~yor (/
/
4!P~( ~~
Rho da Pellin,. City Clerk
ICDS1514165.1
01.041904706038
-2-
RESOLUTION NO. 2001-24
EXHIBIT A
PUD AfS 01-18
5
3/27/01
G. Utilize aesthetic design principles to create attractive buildings and open space areas that blend with
the character of SUlTOunding areas;
Because of the scale of these buildings and their intended use it is difficult to truly create an
aesthetic architectural design. 1he utilitarian design fits the use and the buildings are
buffered from the street by other highway and truck stop uses.
H. Not create traffic congestion, noise, odor or other adverse effects on surrounding areas; and
This project has access from a private road through streets specifically designed for this
type of traffic. The use does not provide unusual noise or odors and the adjacent Ianduses
fit the same truck travel patterns.
l Provide adequate access, parking. landscaping, trash areas and storage. as necessary.
Cross access agreements will be required for truck. access, landscaping is consistent with a
fucility of this type and all trash enclosures are per City standard.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission forward a recommendation of APPROVAL to the City
Council for this Planned Unit Development Architectural and Site review per the Findings made above.
In addition, staff reconunends that the following conditions be placed on the approval of this request:
I. MITIGA nON MEASURES # 1 through # 15 contained within the Negative Dec1aration dated 6/2/00
fur Z 00-01 for the subject project, shall be applied to the approval of this Planned Unit Development
Architectural and Site Review 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). Subject to
review and approval of the Planning Division.
2. Expiration: This Architectural and Site Review application (AfS) approval is valid for one (1) year from
the date of City Council approval. If any development for which this AfS has been granted is not
established within this period, the approval shall expire. The Planning Division Manager may grant an
extension on an application request received prior to expiration. Subject to review and approval of the
Planning Division.}
3. Per the Conditions set by the PUD approval AfS 00-07 the applicant shall develop a comprehensive
sign program fur all project signage. Subject to review and approval of the Planning Division.
4. Per the Conditions set by the PUD approval building colors shall be consistent with Phase I of the
Garlic Farm Truck Stop fucilities. Subject to review and approval of the Planning Division.
5. Per the Conditions set by the PUD approval the location, type, and color of all fencing material shall be
indicated on the final construction plans. All proposed fencing shall be constructed in accordance with
Zoning Ordinance Section 34. Subject to review and approval of the Planning Division.
6. Landscaping: Landscaping plans, including specifications for an irrigation system, shall be approved by
the Planning Director in accordance with the adopted Consolidated Landscaping Policy, prior to
PUD AlS 01-18
6
3/27/01
issuance of a building permit. The landscaping sball be continuously maintained in an orderly, live,
healthy, and relatively weed-free condition, in accordance with the adopted Consolidated Landscaping
Policy and the approved specific landscape plan. Subject to review and approval of the Planning
Division.
7. The applicant sballlandscape the entire frontage. All soundwa1ls adjacent to the public right-of-way
shall be bermed, landscaped, and irrigated. Subject to review and approval of the Planning Division.
8. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward from the site
toward any residential use or public right-of-way. Subject to review and approval of the Planning
Division.
\
9. 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. Subject to review and approval of the
Planning Division.
10. Trash enclosures are required and shall consist of visually solid fences and gates, six 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 fire regulations. In addition, recycling bins and space for glass, aluminum, and
plastics, shall be provided within the trash enclosure. Subject to review and approval of the Planning
Division.
I
./
11. AD parking stalls abutting sidewalks, planters, buildings and landscaped areas shall be provided with a
permanent curb, bumper, wheel stop or similar device. AD required parking areas shall be paved with
an impervious surface. This project is subject to all Zoning Ordinance parking requirements. Subject to
review and approval of the Planning Division.
12. Design professional-This project will require a State of California registered design professional to
design, stamp and wet sign the construction plans. Subject to review and approval ofBLES.
13. Building Codes - All construction shalI comply with Building, Mecbanical, Plumbing, Electrical, T-24
Energy and Accessibility, and City codes in effect at the time of issuance of the building permits
resulting in actual construction. Subject to review and approval ofBLES.
14. Any building 3,000 square feet or more shalI have a fire sprinkler system installed. Any structure for
the storage, use or handling of hazardous materials which is classified as an H occupancy use shall be
sprinklered regardless of square footage. Fire sprinkler systems shall meet NFP A. Subject to review
and approval of Fire Prevention.
PUD A1S 01-18
7
3127/01
15. Site fire hydrant plan will be provided. For lots with buildings 150 feet or more from the street, a yard
fire hydrant(s) shall be installed so that there is a hydrant within a 150 feet ofbl1ildings or combustible
storage or hazardous operations. Subject to review and approval of Fire Prevention.
Respectfully,
~
William Faus
Planning Division Manager
. /
) EXHIBIT B
,
Community Development Department
Planning Division
Negative Declaration
City File Number: Z 00-01, AlS 00-07
City of Gilroy
7351 Rosanna 81.
Gilroy, CA 95020
(408) 848-0440
Proiect Description
Name of Project:
Nature of Project:
Gilroy Garlic Farm Annex (by Howard Vierra)
A zone change from M-I to M-I (PUD) and an architectural site review to develop an 18.95
acre parcel with two fast-food restaurants with building foot prints of approximately 2,600
square feet each; a recreational vehicle (R V) park consisting of 162 spaces, a recreation
center, office, barbecue area, and showerllaundry facilities; and a truckIR V parking,
maintenance and washing facility with parking spaces for 155 trucksIR V' s, four maintenance
bays, three washing bays and an 8,000 square foot retaiVmaintenance office area.
Proiect Location
Location:
East side ofBolsa RoadlMonterey Street and Highway 101, south of and adjacent to the Garlic
Farm Truck Stop.
841-14-076
Assessor's Parcel #:
Entity or Persoo(s) Uodertakinl! Proiect
Name:
Address:
Mr. Howard Vierra
5920 Travel Park Circle, Gilroy, CA 95020
Initial Study
An Initial Study of this project was undertaken and prepared for the purpose of ascertaining whether \his 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.
Findiol!s & 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 fmdings:
1. The proposal is a logical component of the existing land use of this area.
2. Identified adverse impacts will be mitigated through preparation of special studies, as well as through construction of
off- and on-site improvements.
3. The proposed project is consistent with the adopted goals and policies of the Gilroy General Plan.
4. The Initial Study was reviewed by City staff, and this Negative Declaration reflects the independent judgement of the
City of Gilroy.
ATTACHMENT 6
.
"
Draft Negative Declaration
File: Z 00-01, AlS 00-07
2
612/00
Mitigation
I. Each use on the project shall submit a detail plan for all exterior lights. The lighting plan shall
incorporate design elements that will minimize the potential for light and glare impacts on adjacent
residential properties. The lighting plan shall be subject to the review and approval by the City
Planning Division, prior to issuance of a Conditional Use Permit.
2. Control measures shall be incorporated into any permits with development of the project site, subject
to the review and approval by the City of Gilroy Building, Life & Environmental Safety Division and
the City of Gilroy Engineering - Division. Measures shall be implemented during grading and
construction activities, as needed to control dust.
a) Water all active construction areas at least twice daily.
b) Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain
at least two feet of freeboard.
c) Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all uopaved access
roads, parking areas and staging areas at construction sites.
d) Sweep daily (with water sweepers) all paved access roads, parking and staging areas at
construction sites.
e) Sweep street daily (with water sweepers) if visible soil matcrials are carried onto adjacent public
streets.
f) Hydroseed or apply non-toxic soil stabilizers to inactive construction areas (previously graded
areas inactive for ten days or more).
g) Enclose, cover, water twice daily or apply non-toxic soil binders to exposed stockpiles (dirt,
sand, etc.).
h) Limit traffic speeds on unpaved roads to 15 mpg.
i) Install sandbags or other erosion control measures to prevent silt runoff to public roadways.
j) Replant vegetation in disturbed areas as quickly as possible.
3. Due to the possibility that significant buried cultural resources might be found during construction, the
following language sball be included in all permits issued for the project site, 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 a 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."
4. In the event of an accidental discovery or recognition of any human remains in any location other than
a dedicated cemetery, the following language shall be included iri all permits issued for the project site
in accordance with CEQA Guidelines ~ 15064.5 (e), including, but not limited to building permits for
future development pursuant to review and approval of the City Planning Division:
"lfhuman 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 from the deceased Native
American. The most likely descendent may then make recommendations to the landowner of the person
responSIble for the excavation work, for means of treating or disposing of, with appropriate dignity, the
Draft Negative Declaration
File: Z 00-01, AIS 00-07
3
612100
human remains and associated grave goods as provided in Public Resources Code ~5097.98. The
landowner or his authorized representative shall rebwy 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 most likely
descendent or the most likely descendent 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.
5. The project shall be designed in accordance with earthquake design regulations of the Uniform Building
Code, subject to the review and approval of the City Building, Life and Environmental Safety Division.
6. The following language shall be included in grading permits for the proposed project, pursuant to the
review and approval of the City Engineering Division:
a) Protect down slope drainage courses, streams, and storm drains with hay bales or temporary
drainage swales;
b) Use check dams or ditches to divert runoff around excavations;
c) Cover stockpiles and excavated soil with secured tarps or plastic sheeting; and
d) Schedule excavation and grading work for dry weather.
L. The project developer shall submit a soils investigation prepared for the project by a qualified soils
engineer. The purpose of the soils investigation is to determine the exact soil characteristics and
limitation on the site, and to recommend appropriate engineering specifications for development of the
site. The recommendations of the soils investigation shall be incorporated into the final building plans
and shall be reviewed and approved by the Gilroy Engineering Division prior to commencement of
construction.
8. The project proponent, and any future users of the project site, are required to operate in accordance with
the regulation of the City of Gilroy Chemical Control Division and the City of Gilroy Fire Department.
Prior to commencing operations, the property operator is required to submit information on all
hazardous chemicals to be stored and all processes to be conducted at the project site to the City of
Gilroy Chemical Control Division, for review and approval. Both the Chemical Control Division and
the City of Gilroy Fire Department are responsible for inspections and enforcement. Hazardous waste
transport, recycling, processing and storage facilities must comply with the Santa Clara Hazardous
waste Management Plan. The storage of more than 55 gallons of any on hazardous material listed in
the City's adopted Hazardous Materials Storage Ordinance shall require issuance of a conditional use
permit. Such conditional use permit shall be valid for no more than one year at a time, but may be
renewed on an annual basis by the Planning Division Manager. If the Planning Division Manager
determines that there have been no known problems in relation to the storage of hazardous materials
on the site, the renewal may be granted. If the Planning Division Manager determines that there have
been such problems, the use permit shall be come void until or unless the determination is successfully
appealed or a new conditional use permit is obtained. No quantity greater than 55 gallons of any
material listed in the City's adopted Hazardous Materials Storage Ordinance shall be stored within 400
feet of any residential zoning district of water well or water well of the City of Gilroy.
Draft Negative Declaration
File: Z 00-01, AlS 00-07
4
612/00
9. The applicant shall submit a Notice of Intent (NOI) and detailed engineering designs to the Central
Coast Regional Water Quality Control Board. This permit shall require development and
implementation of a Storm Water Prevention PIan that uses storm water "Best Management Practices"
to control runoff, erosion and sedimentation from the site. The SWPPP must include Best Management
Practices that address source reduction and, if necessary, shall include practices that require treatment
The SWPPP shall be submitted to the City of Gilroy Engineering Division for review and approval
prior to commencement of construction.
10. The project proponent shall pay the appropriate storm drain development fees, subject to review by the
City Department of Public Works, prior to issuance ofa building permit.
11. The project proponent shall be required to obtain a NPDES General Construction Permit, prior to
issuance of a building permit.
12. 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 Engineering Division prior to the issuance of a
Conditional Use Permit. These design plans shall include, but not be limited to:
a) Calculations veri1)ring that at least 1.9 acre-feet of water detention storage will be provided at
the project site;
b) The water detention storage shall be lined;
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 drainage detention facilities;
e) Provisions for periodic sweeping of roadways, driveways, and parking areas on the project site;
and
f) The preliminary grading plan, site plans and building designs shall be consistent with the
Binkley Study and comply with the City of Gilroy Flood Plain Control Ordinance and shall not
impede the flow of floodwaters.
13. The following language sball be included on any permits issued for the proposed project, including, but
not limited to, building permits for future development:
"All noise generating construction activities shall be limited to weekdays between 7 AM and 7 PM, to
Saturdays and City holidays between 9 AM and 7 PM. No construction is allowed on Sundays."
14. The project applicant shall prepare an on-site improvement plan for review and approval by City of
Gilroy Engineering Division prior to approval of the fmal improvement plans. This plan shall address,
at a minimum:
a)
VerifY the adequacy of the new project driveway/main internal circulation roadway to ensure
that it can be easily and safely negotiated by recreational vehicles and trucks.
Provide negotiable access for two-way truck circulation between project parking, retail parts
sales, maintenance and washing, and existing truck stop facility.
VerifY adequacy of parking space and aisle dimensions in new truck parking area, especially
for semi-trailer combinations.
b)
c)
'.
Draft Negative Declaration
File: Z 00-01, AlS 00-07
5
612/00
15. The project applicant shall prepare an off-site improvement plan for review and approval by the City
of Gilroy Engineering Division prior to approval of the final improvement plans. This plan shall
address, at a minimum:
a) Dedicate right-of-way and provide frontage improvements along the project frontage on Bolsa
Road to accommodate a four-lane divided arterial with channelization.
b) Dedicate right-of-way for the entire portion of Southside Drive and establish a bond for
fInancing the future improvements of half the width of Southside Drive as per city design
standards for an arterial road.
c) Align the new project driveway and the Chevron south driveway.
d) Provide a curbed street-type entrance serving the exitiog Jack-in-the-Box restaurant to reduce
the potential of queues blocking MontereylBolsaINorth Highway 101 Ramps-Travel Park
Circle intersection.
The addition of southbound and north bound left turn lanes at the Bolsa Road/South Chevron Driveway
and Garlic Farms RV Park driveway intersection is recommended but not required under existing plus
approved plus project conditions. A southbound left turn lane will be warranted for General Plan
conditions as indicated in section vn, E5, b and c of the traffic report prepared for this project (11). A
northbound left turn lane will nearly be warranted and is recommended, as this would only require
additional lane paintiog.
Date Prepared: June 2, 2000
End of Review Period: July 6, 2000
Date Approved By City Council:
/---;?
~~/
wmmiiaus, /
Planning Division Manager
.
Calic Fann Annex lnitial Study Mitigation Monitoring Program
1
" '.
Garlic Farm Annex Initial Study
(Z 00-01, A/S 00-07)
Mitigation Monitoring Program
Introduction
On January 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 ad verse 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
envirornnental 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 this initial study. "These
mitigation measures are designed to eliminate or reduce significant adverse envirornnental 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 this initial study.
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 Gilroy Planning Director should be responsible for coordination of the ritonitoring program,
including the monitoring checklist. The Planning Director 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 detennining 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 Planning Director 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 Planning Director.
3. Prior to issuance of an occupancy permit, the Planning Director should review the checklist to
ensure that all mitigation measures and additional conditions of project approval included in
the monitoring checklist have been complied with. An occupanCy permit should not be issued
until all mitigation measures and additional conditions of project approval included in the
monitoring checklist have been complied with.
4. If a responsible individual or agency determines that a IlOll<ompliance has occurred, a written
notice should be delivered by certified mail to the project proponent within 10 days, with a copy
to the Planning Director, describing the non-compliance and requiring compliance within a
specified period of lime. If a non-compliance still exists at the expiration of the specified period
of lime, construction may be halted and fines may be imposed at the discretion of the Oty of
Gilroy.
Garlic Fann Annex Initial Study Mitigation Monitoring Program
2
. .
Mitigation Monitoring Checklist A
Prior to project approval, the following mitigation measures shall be implemented:
Mitigation
Measure
Number
1
3
4
Nature of Mitigation
Each use on the project shall submit a detail
plan for all exterior lights. The lighting plan
shall incorporate design elements that will
minimize the potential for light and glare
impacts on adjacent residential properties. The
lighting plan shall be subject to the review and
approval by the City Planning Division, prior to
issuance of a Conditional Use Permit.
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 site,
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 a 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.
lfthe find is determined to be significant,
appropriate mitigation measures shall be
formulated and implemented."
In the event of an accidental discovery or
recognition of any human remains in any
location other than a dedicated cemetery, the
following language shall be included in all
permits issued for the project site in accordance
with CEQA Guidelines ~15064.5 (e), including,
but not limited to building permits for future
development pursuant to review and approval of
the City Planning Division:
Garlic Fann Annex Initial Study Mitigation Monitoring Program
Party
Responsible for
Implementation
Developer
Developer
Developer
Party
Responsible
for
Monitoring
Gilroy
Planning
Division
Gilroy
Planning
Division
Gilroy
Planning
Division
3
Mitigation
Measure
Number
4 (Cont)
12
Nature of Mitigation
"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 from
the deceased Native American. The most likely
descendent may then make recommendations to
the landowner of 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 ~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 most likely descendent or the
most likely descendent 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.
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 Engineering Division prior to the issuance
of a Conditional Use Permit. These design plans
shall include, but not be limited to:
Garlic Fann Annex Initial Study Mitigation Monitoring Program
Party
Responsible for
Implementation
Developer
Party
Responsible
for
Monitoring
Gilroy
Engineering
Division
4
Mitigation
Measure
Number
12 (Cont)
13
Nature of Mitigation
a) Calculations verifying that at least 1.9
acre-feet of water detention storage will
be provided at the project site;
b) The water detention storage shall be
lined;
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 drainage detention
facilities;
e) Provisions for periodic sweeping of
roadways, driveways, and parking areas
on the project site; and
f) The preliminary grading plan, site plans
and building designs shall be consistent
with the Binkley Study and comply with
the City of Gilroy Flood Plain Control
Ordinance and shall not impede the flow
of floodwaters.
The following language shall be included on any
permits issued for the proposed project,
including, but not limited to, building permits
for future development:
"All noise generating construction activities
shall be limited to weekdays between 7 AM and
7 PM, to Saturdays and City holidays between 9
AM and 7 PM. No construction is allowed on
Sundays. "
Garlic Farm Annex Initial Study Mitigation Monitoring Program
Party
Responsible for
Implementation
Developer
Party
Responsible
for
Monitoring
Gilroy
Planning
Division
5
Mitigation Monitoring Checklist B
Party
Responsible
for
Monitoring
Prior to approval of Final Improvement Plans, the following mitigation measures shall be implemented:
Mitigation
Measure
Number
14
15
Nature of Mitigation
The project applicant shall prepare an on-site
improvement plan for review and approval by
City of Gilroy Engineering Division prior to
approval of the final improvement plans. This
plan shall address, at a minimum:
a) VerifY the adequacy of the new project
driveway/main internal circulation
roadway to ensure that it can be easily
and safely negotiated by recreational
vehicles and trucks.
b) Provide negotiable access for two-way
truck circulation between project
parking, retail parts sales, maintenance
and washing, and existing truck stop
facility.
c) VerifY adequacy of parking space and
aisle dimensions in new truck parking
area, especially for semi-trailer
combinations.
The project applicant shall prepare an off-site
improvement plan for review and approval by
the City of Gilroy Engineering Division prior to
approval of the final improvement plans. This
plan shall address, at a minimum:
a) Dedicate right-of-way and provide
frontage improvements along the project
frontage on Bolsa Road to
accommodate a four-lane divided
arterial with channelization.
b) Dedicate right-of-way for the entire
portion of Southside Drive and establish
a bond for financing the future
improvements of half the width of
Souths ide Drive as per city design
standards for an arterial road.
Garlic Fann Annex Initial Study Mitigation Monitoring Program
Party
Responsible for
Implementation
Developer
Developer
Gilroy
Engineering
Division
Gilroy
Engineering
Division
6
'.
Mitigation
Measure
Number
15 (Cont)
N alure of Mitigation
c) Align the new project driveway and the
Chevron south driveway.
d) Provide a curbed street-type entrance
serving the exiting Jack-in-the-Box
restaurant to reduce the potemial of
queues blocking MontereylBolsalNorth
Highway 101 Ramps-Travel Park
Circle intersection.
e) Add southbound and northbound left
turn lanes at the Bolsa Road/South
Chevron Driveway-Garlic Farms RV
Park driveway intersection in order to
minimize conflicts as through traffic
increases in the future.
1) Coordinate with the Santa Clara Valley
T raDSportation Authority regarding
additional right-of-way requirements for
bus turnout along the north side of the
Southside Road extension east of Bolsa
Road.
C.arlic Fann Annex lnitial Study Mitigation Monitoring Program
Party
Responsible for
Implementation
Party
Responsible
tor
Monitoring
7
Garlic Fann Annex InitiJU Study Mitigaticm Mcmitoring Program
8
Mitigation Monitoring Checklist C
Prior to issuance of a building permit, the following mitigation measures shall be implemented:
Mitigation Nature of Mitigation Party Party
Measure Responsible for Responsible
Number Implementation for
. Monitoring
5 The project shall be designed in accordance with Developer Gilroy BLES
earthquake design regulations of the Uniform Division
Building Code, subject to the review and
approval of the City Building, Life and
Environmental Safety Division.
10 The project proponent shall pay the appropriate Developer Gilroy
storm drain development fees, subject to review Engineering
by the City Department of Public Works, prior Division
to issuance of a building permit.
11 The project proponent shall be required to Developer Gilroy BLES
obtain a NPDES General Construction Permit, Division
prior to issuance of a building permit.
Mitigation Monitoring Checklist 0
Party
R.esponsible
for
Monitoring
Prior to commencement of construction activities, the following mitigation measures shall be
implemented:
Mitigation
Measure
Number
6
7
9
Nature of Mitigation
The following language shall be included in
grading permits for the proposed project,
pursuant to the review and approval of the City
Engineering Division:
a) Protect down slope drainage courses,
streams, and storm drains with hay
bales or temporary drainage swales;
b) Use check dams or ditches to divert
runoff around excavations;
c) Cover stockpiles and excavated soil
with secured tarps or plastic sheeting;
and
d) Schedule excavation and grading work
for dry weather.
The project developer shall submit a soils
investigation prepared for the project by a
qualified soils engineer. The purpose of the
soils investigation is to determine the exact soil
characteristics and limitation on the site, and to
recommend appropriate engineering
specifications for development of the site. The
recommendations of the soils investigation shall
be incorporated into the final building plans and
shall be reviewed and approved by the Gilroy
Engineering Division prior to commencement of
construction.
The applicant shall submit a Notice oflntent
(NO!) and detailed engineering designs to the
Central Coast Regional Water Quality Control
Board. This permit shall require development
and implementation of a Storm Water
Prevention Plan that uses storm water "Best
Garlic Farm Annex Initial Study Mitigation Monitoring Program
Party
R.esponsible for
Implementation
Developer
Developer
Developer
Gilroy
Engineering
Division
Gilroy
Engineering
Division
Gilroy
Engineering
Division
9
Garlic Fann Annex lnitial Study Mitigation Monitoring Program
10
Mitigation Nature of Mitigation Party Party
Measure Responsible for Responsible
Number Implementation for
Monitoring
9 (Cont) Management Practices" to control runoff,
erosion and sedimentation from the site. The
SWPPP must include Best Management
Practices that address source reduction and, if
necessary, shall include practices that require
treatment. The SWPPP shall be submitted to
the City of Gilroy Engineering Division for
review and approval prior to commencement of
construction.
Mitigation Monitoring Checklist E
Party
Responsible
for
Monitoring
During construction activities, the following mitigation measures shall be implemented:
Mitigation
Measure
Number
2
Nature of Mitigation
Control measures shall be incorporated into any
permits with development of the project site,
subject to the review and approval by the City of
Gilroy Building, Life & Environmental Safety
Division and the C it). of Gilroy Engineering
Division. Measures shall be implemented
during grading and construction activities, as
needed to control dust.
a) Water all active construction areas at
least twice daily.
b) Cover all trucks hauling soil, sand, and
other loose materials or require all
trucks to maintain at least two feet of
fteeboard.
c) 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.
d) Sweep daily (with water sweepers) all
paved access roads, parking and
staging areas at construction sites.
e) Sweep street daily (with water
sweepers) if visible soil materials are
carried onto adjacent public streets.
f) Hydroseed or apply non-toxic soil
stabilizers to inactive construction
areas (previously graded areas inactive
for ten days or more).
g) Enclose, cover, water twice daily or
apply non-toxic soil binders to exposed
stockpiles (din, sand, etc.).
h) Limit traffic speeds on unpaved roads
to 15 mpg.
i) Install sandbags or other erosion
control measures to prevent silt runoff
to public roadways.
Garlic Fann Annex Initial Study Mitigation Monitoring Program
Party
Responsible for
Implementation
Developer
Gilroy BLES
Division
.
11
Garlic Farm Annex Initial Study Mitigation Monitoring Program
12
Mitigation Monitoring Checklist F
Prior to commencement of operations, the following mitigation measures shall be implemented:
Mitigation Nature of Mitigation Party Party
Measure Responsible for Responsible
Number Implementation for
Monitoring
8 The project proponent, and any future users of Developer Gilroy BLPS
the project site, are required to operate in Division
accordance with the regulation of the City of
. Gilroy Chemical Control Division and the City
of Gilroy Fire Department. Prior to
commencing operations, the property operator is
required to submit information on all hazardous
chemicals to be stored and all processes to be
conducted at the project site to the City of
Gilroy Chemical Control Division, for review
and approval. Both the Chemical Control
Division and the City of Gilroy Fire Department
are responsible for inspections aod enforcement.
Hazardous waste transport, recycling,
processing and storage facilities must comply
with the Santa Clara Hazardous waste
Management Plan. The storage of more than 55
gallons of any on hazardous material listed in
the City's adopted Hazardous Materials Storage
Ordinance shall require issuance of a conditional
use permit. Such conditional use permit shall be
valid for no more than one year at a time, but
may be renewed on an annual basis by the
Planning Division Manager. If the Planning
Division Manager determines that there have
been no known problems in relation to the
storage of hazardous materials on the site, the
renewal may be granted. If the Planning
Division Manager determines that there have
been such problems, the use permit shall be
come void until or unless the determination is
successfully appealed or a new conditional use
permit is obtained. No quantity greater than 55
gallons ofany material listed in the City's
adopted Hazardous Materials Storage
Ordinance shall be stored within 400 feet of any
residential zoning district of water well or water
well of the City ofGilrov.
Garlic Farm Annex Initial Study Mitigation Monitoring Program
13
r
Mitigation Nature of Mitigation Party Party
Measure Responsible for Responsible
Number Implementation for
Monitoring
9 The applicant shall submit a Notice ofIntent Developer Gilroy
(N0l) and detailed engineering designs to the Engineering
Central Coast Regional Water Quality Control Division
Board. This permit shall require development
and implementation of a Storm Water
Prevention Plan that uses storm water "Best
Management Practices" to control runoff,
erosion and sedimentation from the site. The
SWPPP must include Best Management -
Practices that address source reduction and, if
necessary, shall include practices that require
treatment. The SWPPP shall be submitted to
the City of Gilroy Engineering Division for
review and approval prior to commencement of
construction.
..,
.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached
Resolution No. 2001-24 is an original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 7th day of May, 2001, at which meeting a
quorum was present.
the City of Gilroy this 10th day of May, 2001.
~~,
City Clerk of the City of Gilroy
(Seal)