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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)