Resolution 2001-78
RESOLUTION NO. 2001-78
A RESOLUTION OF THE CITY COUNCIL OF GILROY
APPROVING A/S 01-54, AN APPLICATION FOR
ARCHITECTURAL AND SITE APPROVAL OF A PLANNED
UNIT DEVELOPMENT (PUD) ON 8.18 ACRES, APN 841-14-076.
WHEREAS, Guaranty RV, the applicant, submitted A/S 01-54, an application for
architectural and site approval of a Planned Unit Development ("PUD") for a 14, 500 square foot
addition to the Garlic Farm Truck Repair Center on 8.18 acres; and
WHEREAS, the property affected by A/S 01-54 is located at 5870 Monterey Street,
immediately south of the Garlic Farm Truck Stop, APN 841-14-076; and
WHEREAS pursuant to the California Environmental Quality Act (CEQA), the City Council
adopted a Negative Declaration in September 2000 in connection with a previous request for this
project, finding that the Negative Declaration was completed in compliance with CEQA, that it
reflects the independent judgment of the City and that there is no substantial evidence in the record
that the project as mitigated will have a significant effect on the environment; and
WHEREAS, the Planning Commission held a duly noticed public meeting on November 1,
2001, at which time the Planning Commission considered the public testimony and all other
documentation related to A/S 01-54, and recommended that the City Council approve said
application; and
WHEREAS, the City Council held a duly noticed public meeting on November 19, 2001, at
which time the City Council considered the public testimony, the Staff Report dated November 13,
2001 ("Staff Report") and all other documentation related to application A/S 01-54; 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.
ICDS\535485,l
01-112704706002
-1-
Resolution No. 2001-78
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council hereby adopts the findings as required by Zoning Ordinance section
50.55, set forth at pages 5 and 6 of the Staff Report along with the facts supporting
these findings, based upon substantial evidence in the record.
B. A/S 01-54 should be and hereby is approved subject to:
1. The ten (10) conditions described in the Staff Report.
2. The fifteen (15) mitigation measures set forth in the Negative Declaration and
the MitigationIMonitoring Program, attached hereto as Exhibit A and
incorporated herein by this reference.
PASSED AND ADOPTED this 3'd day of December, 2001, by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO,
and SPRINGER
NOES:
COUCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
~"'\
AT;ry )
"--- . --:..-/ 'J1yt.~\
Rho da Pellin, City Clerk
APPROVED:
-;;; u?Ylt:vo W
Thomas W. Springer, Mayor
ICDS1535485,1
01.112704706002
-2-
Resolution No. 2001-78
""'~rn.......,......... ,
.....~~~................. u_
AlS 01-54 (PUD)
7
11/13/01
Planniog Division (contact Gregg Polubinsky 408-846-0440)
These conditions are subject to the review and approval of the Planning Division.
1. MITIGATION MEASURES #1 through #15 contained within the Negative Declaration dated 6/2/00
for 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. Conditions 1 through 20 from Planning Commission Resolution #01-08 approving the Conditional Use
Permit for the Truck Repair and Wash Facility.
3. ExpU:ation: This Architectural1iioSiteReview applicatiori (AlS) approval ~ valia for one (1) year from
the date of City Council approval. If any development for which this AlS has been granted is not
established within this period, the approval shaU expire. The Planning Division Manager may grant an
extension on an application request received prior to expiration.
4. 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
issuance of a building permit. The landscaping shall 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.
5. Southside Drive street frontage landscaping will be required when Southside Drive construction is
complete. City landscape design standards in effect at time of construction will prevail.
6. Canvas awning of a complimentary color will be constructed over the office door and window on the
South elevation of Building A.~ -.;c. '
Fire Department (contact Rodger Maggio at 846-0430)
These conditions are subject to the review and approval of the Deputy Fire Marshall.
7. Any building 3,000 square feet or more shaU 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.
8. AU Curbs along fire lane shall be painted red and conspicuously posted ''NO PARKING-FIRE LANE."
9. 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 of buildings or combustible
storage or hazardous operations.
NS 01-54 (PUD)
8
11/13/01
Buildinl!, Life and Environmental Safety (contact Alan Low at 846-0430)
These conditions are subject to the review and approval ofthe BLES Division.
10. BLES has attached 14 conditions to this staffreport dated July 19,2001.
PLANNING COMMISSION RECOMMENDATION:
On November I, 2001 the Planning Commission with a unanimous vote (7-0-0) deliberated on this
Architectural & Site Review application (A/S 01-54) and forwards it with a recommendation for
APPROVAL to the City Council.
$
William Faus
Planning Division Manager
bfaus@ci.gilroy.ca.us
Planniag CGmml"ion Resolution fIlIl-48
1
3IVOI
PLANNING COMMISSION
RESOLUTION # 01-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF Gll..ROY,
CALIFORNIA, APPROVING A CONDmONAL USE PERMIT, TO AllOW A TRUCK
WASH AND REPAlR F ACll..1TY ON PROPERTY ZONED MI-PUD, (LIMITED
INDUSTRIAL-PLANNED UNIT DEVELOPMENT).
..............................................................................
CONDITIONAL USE PERMIT NUMBER: CUP 00-11
APPLICANT:
The Garlic Farm Annex, LLC (do Howard Vierra)
LOCATION:
5870 Monterey Road, immediately south of the Garlic Farm Truck Stop
..***......**.................................................................
THE PLANNING COMMISSION OF THE CITY OF Gll..ROY, CALIFORNIA, DOES
HEREBY RESOL VB AS FOllOWS:
WHEREAS, the Planning Commission after due notice did on the I" day ofMarcb, 2001,
conduct a public hearing to consider a request for a Conditional Use Permit to allow a Truck
Wash and Repair Facility on property zoned MI-PUD (Limited Industrial-Planned Unit
Development), located at 5870 Monterey Road, and
WHEREAS~ A Negative Declaration with 15 mitigation measures was prepared on June
2, 2000, and
WHEREAS, the Planning Commission, as a result of testimoqy received and studies made,
finds that the proposed Conditional Use Permit be approved for the following reasons:
I, The proposed development is consistent with the intent of the goals and policies of
the city's General Plan document;
2. The proposed development is consistent with the approved Planned Unit
Development and the Zoning Ordinance;
3. There will be no significant environmental impacts as a result of this project due to
the required mitigation measures applied to the project;
4, Public utilities and infrastructure improvements needed in order to serve the
proposed project are in close proximity along Monterey Road and adjacent land
uses lU'e compatible and support thia use, and;
5. The proposed development is consistent with the intent of the goals and policies of
the South County Joint Area Plan which addresses Truck Stops and;
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission does hereby
APPROVE the proposed Conditional Use Permit subject to the following 20 conditions:
J. MlTlGA nON MEASURES # J through # 15 contained within the Negative DeclaratiOll
dated 6/2/00 for Z 00-01 for the subject project, shall be applied to the approval of this
Plamled U7lit Development Architectural ami Site Review in order to reduce rmd/or
eliminate all potential significCUlt impacts to a level ofinsignifiCll7lce, as required umkr
the California Enviromnental Quality Act (CEQA). Subject to re.iew ami approllUl of
the Planning DMsion.
2. Expiration: This Conditional Use Permit (CUP) appro.al is .alid for one (1) yeW' from
PlanniDg Commillion Reaollltioa. #01..08
2
311/01
the date of Planning Commission approval. If <my development for which this CUP has
been granted is not established within this period, the approval shall expire. The
Planning Division Manager may grant an extension upon an application request
received prior to expiration. Subject to review and approval of the Planning Division.
3. Per the Conditions set by the PUD appruva/ A/S 00-07 the applicant shall develop a
comprehensive sign program for 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 facilities, subject to review and approval of the
Planning Division.
5.
Per the ConditiOns set by the PUD approval the location, /}pe, and color of all fencinlf
material shall be indicated on the final construction pia1Js. All proposedfencing sha"H~ ~
be COns/rocted in accordance with Zoning Ordinance Section 34, subject loreview and
approval by the Planning Division.
~
6. Landscaping: Landscaping plans, including specifications for an irrigation system,
shall be appraved by the Planning Director in accordance with tire adopted
Consolidated Landscaping Policy, prior to iSSUll1We of a bUilding permit. ~
landscaping shall be continuously maintained in an orderly, live, lrealthy, and relatively
weed:free condition, in accordance with the adopted Consolidated Landscaping Policy
and the apprUlled specific landscape plan. Subject to review and approval of tire
Planning DiY/sion.
7. ExteriQr Lighting: No unobstructed beam of exterior lighting shall be direc/ec! outward
from the site toward any residential use or public right-of-way. Subject 10 review and
approval of the Planning Division.
8. Mechanical Appurtenances: Mechanical equipment to be located on tire roof of a
building shall be screened by an architectural feature of the building such that it cannot
be seen from ground level at tire jar side of the adjacent public right-of-way, whenever
possible. Subject to review and approval of the Planning Division.
9. Trash enclosures are required and shall cQnsist of visually solid fences and gates, six
feet in height, in accordance with the adopted City of Gilroy standard trash enclosure
design pion, 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 prUllided within the trash enclosure. Subject to review and approval of the
Planning Division.
J O. All parking stalls abutting sidewalks, planters, buildings and landscaped areas shall be
provided with a permanent curb, bumper, wheel stop or similar device. All 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.
1/. Reciprocal cross-access agreements are required to allow vehicle movement between the
Garlic Farm Truck Stop and the Wash and Repair Facility. Subject to review and
apprUllal of the Engineering Division,
J 2. Flood lines shall be shown on plans and all building improvements will be raised one
foot abUlle flood level Subject to review and approval of the Engineering Division.
13. Submit 3 sets of Plan Check bUilding plans to the Santa Clara County EnvIronmental
Health Department for approval. Subject to review and approval of the BUS Division.
14. Design professional - This project wl/l require a State of California registered design
P10nning Commio.ion ReaoJuwn 1101-08
3
3/1101
professional to design, stamp, andwel sign tire construction plans. Subject to review
and approval of the BLES Division.
1~. Building Codes - All COnstnK;tion shall comply with Building, MechonicaI, Plumbing,
Electrical, T-24 Energy and Accessibility, and City codes in ellect at the time of
issuance of the building permits resulting in actual Construction. Subject to review and
approval of the BlES Division.
16. Arry building 3,000 Square feet or more shall have afire sprinkler system installed Arry
s/rocture 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.
17. Site fire hydrant plan will be provitkd. For lots with buildings 150 feel or more from
the Str_t, a Y'Ud fire hydrant (sfSliall1ie installed so that there ~ hydrant within 150
feet of buildings or combustible storage or hazardous operations. Subject to review and
approval of Fire Prevention.
18. All buildings shall have fire engine access within 150 feel of any portion of the
building. SubjecllO rmew and approval of Fire Prevention.
19. Path of travel shall be defined for emergency vehicle access. Subject to review and
approval of Fire Prevention.
20. Hours of operation shall be Monday through Saturday, 6 a.m. to 10 p.m. and on
Sunday, 8 a.m. to 10 p.m.
TIllS CONDmONAL USE PERMIT shall become final and effective twenty (20) day,
after the date of adoption of this re,olution unless within thi, twenty (20) day period an appeal in
writing is filed with the City Council by either the applicant or an affected party,
PASSE!) AND ADOPTED, thi, I" day of March, 2001, by the following vote to wit:
AYES:
Commissioners Allen, Ceballo" Champion, Correa, Gartman, and Lewis
NAYES:
None
ABSENT:
Commissioner Tucker
/51/#- t~
Belinda Allen, Chainnan
L Roberta Kyle, Acting Community D'1"e1opment Department Administrative Secretary,
do hereby certifY that this is atrue and correct copy of Resolution # 01.08.
~4~
Roberta Kyle, Al:tiog Administrative Secretary
Community Development Department
July 19, 2001
r;t"'I:T n.f" r:.;l",,.,,,
---.I -- ----.I
Community Development Department
BLES Division - Building
408 846-0430 - Fax: 408 846-0429
Owner: Howard Vierra
Project address: XXXX Travel Park Circle
Scope of Work: 14000 SF Ancillary RV Detailing and Refurbishing Buildings
Planning #: 01070024 A/S 01-54 PUD
Plan checker: Alan Low
The Building Division has performed a cursory review of preliminary plans submitted to the
Planning Division for the appliCfttton noted above. The-plans-will require compliance with the
foUowing informational items and conditions of approval at the time of building permit
submittal:
CONDITIONS:
1. DESIGN PROFESSIONAL -This project will require a State of California registered design
professional to design, stamp and wet sign the construction plans.
2. BUILDING CODES - AU construction shall comply with Building, Mechanical, 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.
. Distance to property lines?
. Type of Construction?
. Occupancy?
. Show the location of all entrances and exits.
3. SOILS REPORT - A soils report shall be submitted containing design recommendations for
footings, retaining walls, and make provisions for anticipated differential settlement.
4. FOUNDATIONS - AU mitigation measures and design recommendations identified in the
soils report approved by the Building Official, MUST be reviewed by the soils engineer of
record for conformance. Structural foundation design plans must also be reviewed by the soils
Engineer of record for conformance to recommendations contained within the soils report.
5. FEMA - This project may be in a flood zone and must meet the City of Gilroy "Floodplain
Management Ordinance" #98-16.
6. FOUNDATION INSPECTIONS - Prior to requesting a Building Department foundation
inspection, the soils engineer shall inspect and approve the mitigation measures and the
I :\Projects\GuarantyAdditionO J 070024\0 I 070024 AS 01-70 xxxx Travel Park Cr Garlic Fann Annex2.llCX:
toundation excavations. The ,bils engineer shall submit documentatilDn Po the Building Division
which verifies compliance with the recommendations specified in the soils report.
7. SPECIAL INSPECTIONS - In addition to the inspections by CBC Sec. 108, the owner or
the engineer or architect of record acting as the owners agent shall employ one or more special
inspectors who shall provide special inspections when required by CBC section 1701. Please
contact the Building Division at the time of plan submittal to obtain an application fur special
inspections.
8. STRUCTURAL CALCULATIONS - Provide Structural Calculations veIifying compliance
with ail applicable provisions of the Uniform Building code Chapter 16. Prior to request for
final inspection, written verification by the engineer 0 f record indicating confonnance with the
structural design shall be submitted to the Gilroy Building Division.
9. GRADING AND SHORING - A site development permit shall be required for ail grading
and shoring work. Shoring plans, calculations, etc., must be reviewed and approved by Building
Division.
10. NOTICE OF EXCAVATION - Prior to excavation, adjoining landowners shall be given
notice ofthe date, location, and extent of excavation in conformity with Section 832 ofthe Civil
Code and copies shall be provided to the Building Official prior to issuance of grading permit.
11, Bathroom facilities must meet the number of fixtures required by State and Federal
regulations. Assembly facilities and buildings are required to provide higher number offixtures
in women's bathrooms.
12. T-24 ACCESSIBILITY/COMMERCIAL - The developer shall comply with ail applicable
provisions of Chapter 11 of the California Building Code (Title 24) for Disabled Access.
· Accessible parking spaces are required to meet the CBC. 1129B
· Accessible parking should be located at the shortest route of travel to the accessible
entrance. 1129BI
· Provide accessible parking spaces to meet Table 1IB-7.
· Where single spaces are provided, the unloading access aisle must be placed on the
passenger side. 1129B.4.1
· One in every eight accessible spaces, but not less than one, shall be designed for van
accessibility. I 129B.4.2
· The disabled cannot go behind other parked cars. I 129B4.3
· Show the slope of the accessible parking space and unloading area to meet I 129B.4.4.
· Provide signage to meet 1129B.5
· AU entrances and exterior ground-floor exit doors to buildings shall be made
accessible to persons with disabilities.
· Provide an accessible path of travel between accessible parking and ail tenant spaces.
· Provide an accessible path of travel between buildings on the same site.
· Provide an accessible path of travel to, the public right of way including the nearest
bus stop.
· Any walking surfaces with a slope greater than 1 :20 will be considered a ramp and
designed as such.
· Pedestrian walkways must conform to requirements for accessibility (path of travel,
slopes of ramps and walkways, etc.).
1:\Projects\GuarantyAdditionO 1070024\()1 070024 AS 01.70 xxxx Travel Park Cr Garlic Farm Anncx2.lX>C
~ ..... . .. .~.. . ~ ~
1-'1(1Uo') J.V! llJ.Jl..LW. UUl.IUUl!:) jJli:LU ,",UC,",!\..
13. Provide proper addres~ : proposed project on each page of pia ~rior to submission of
14. PRE-CONSTRUCTION CONFERENCE - A pre-construction conference shall be held at a
time and location agreed upon by the City and applicant for the purpose of review and approval
of construction procedures. The building owner/developer shall be represented by his designer
and construction staff. The City will be represented by departments having conditions of
approval on the project.
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LlProjects\Guaranry AdditionO I 0700241D I 070024 AS 0 1~ 70 xxxx Trani Park Cr Garlic Fann Anocx2.DOC
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EXHIBIT B
, Draft N egmive Declaration
file: Z 00-01, A/S 00-07
2
612/00
Mitigation
1.
Each use on the project shall ~ubmit 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 adjac~nt
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 P=1t
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. Measum shall be implemented during grading and
construction activities, as needed to control dust
2.
a) Water all active CODstruction areas at least twice daily.
b) ,Cover all truCks-haUling soil, sand, ~d other loose materials or require all trUcks to maintain
at least two feet of freeboard.
c) Pave, apply water three rimes daily, or apply (non-toxic) soil stabilizers on all unpaved access
roads, parlOng areas and staging areas at, construction sites.
d) Sweep daily (with water sweepers) all paved ac:cess roads, parking and staging areas at
construction sites. .
e) Sweep street daily (with water sweepezs) if visible soil materials are carried onto adjaa::nt public
strom.
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 quicldy as possible.
3. Due to the possib-ility that significant buried cuItura1 resOUll:es might be found during construction, the
following language shall be included in all permits issum for the project site, including but not limited
to building permits for the future development, pursuant to the =iew and approval of the City Planning
Division;
"Jf an:haeological resources or human n:mains are discovered during constrUction, work shall be halted
at a minimum of 200 feet from the fmd and the area shall be staked off. The project developer shall
notify the coroner or the Director of the Archaeological Regional Resean:b Center. If tbe find is
detennined to be significant, appropriate mitigation measures sball be formulated and implemented. n
4. In the event of an accidental discovery or recognition of any human remains in any location other than
a dedica!ed 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 pu~uant to review and approval of the City Planning Division:.
"If human remains are found during construction, there shall be no further excavation or disturbance
of the site or any nearby area reasonably suspected to overlie Brljacent human remains until the coroner
of Santa Clara County is contacted to determine that no investigmion 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 sball
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 penon
responsible for the excavation work, for ineans of treating or disposing of, with appropriate dignity, the
~
'-'
I.Inll1. !...r;l'~YC VCl;~gn
File: Z 00-0 I, AIS 00-07
3
612100
human remains and associated gnlve goods as providCd 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 i~tify 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 recommenda1iOI!; or c) the
landowner or his authorized representative rejects the recommendation of the descendent, aJld the
mediation by the Native American Heritage Commission fails to provide measures acceptable to the
landowner.
5. The project shall be designed in accoroance with earthquake design regulations of the Unifonn 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 gnlding permits for the proposed project, pursuant to the
review and approval of the City En ginecring Division:
a) Protect down slope drEinage COUl'!es, streams, and stonn drEins with hay bales or temporary
drainage swales;
b) Use check dams or ditches to divert runoff around excavatiOlls;
c) Cover stockpiles and excav8tcd soil with secured larps or plastic sheeting; and
d) Schedule excavation and gnlding work for dry weather.
7. 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 011 the site. and to recommend appropriate engineering specifications for d~elopmcnt 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, llIe mjuired to operate in aa:onlam:e with
the regulation of the City of Gilroy Chemical Control DivisiOll and the City of Gilroy Fire Department.
Prior to commencing operations, the property operator is required to submit infonnation on all
hazardous chemicals to be stored and all processes to be conducted at the proj ect site to the City of
Gilroy Chemical Control Division, for review and approval. .Both the Chemical Control DivisiDll and .
the City of Gilroy Fire Department are responsible for inspections and enforcement HazMdous waste
transport, recycling, processing and storage facilities must comply with the Santa Clara Hazardous
waste Managcmerit Plan. The storage of more than 55 gallons nf any on bazardous material listed in
the CitY's adopted Hazardous MateriBls 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 detem1ines that there have
been such problems, the use permit shall be come void until or i.mIess the detO:nnination is successfully
appealed or a Dew conditional use permit is obtained. NO.quantity greater than 55 gallons of any
matcriallisted in the City's adopted Hazardous Materials Storage Ordinance shall be stored within 400
fee'! of any residential zoning district of water well or water -,veil of the City of Gilroy.
-...-'
Draft Negative Declaration
File: Z 00-01. AIS 00-07
9. The applicant shall submit a Notice of Intent (NOI) and detaiied engineering designs to the Central
Coast Regional Waler Quality Control Board. This pennit shall require development and
implementation of a Stonn Wate< Prevention Plan that uses stOIDl 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 inelu.de practices that require trutmcnt.
The SWPPP shall be submitted to the City of Gilroy Engineering Division for review and approval
prior 10 commencement of construction.
4
612/00
10. The project proponent shall pay the appropriate stonn dra.in development fees, subject to review by the
City Department of Public Worb, prior to issuance of a building pennit
I I. The project proponent shall be required to obtain a NPDES General Construction Permit, prior to
issuance of a build~J P<mnit. "'"'"
12. The design of all storm di-ainage 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 verifying that at least 1.9 sac-feet of water detention storage wiu be provided at
the project site;
b) The water detention slorage shall be lined;
c) Applicable storm water source and treatment-based best management practices, applied and
maintained, as recommended in the California Stonn Water' Best Management Practice
Handbook;
d) Sediment and pollution control facilities within the storm drainage detention fa.cllities;
e) Provisions fur 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 Stu.dy and comply with the City of Gilroy Flood Plain Control Ordinance and shall not
impede the flow of floodwaters.
13. The following language shaJJ be included on any permit> issued for the proposed project, including. but
not limited to, building pennits 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."
J4. 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 shaJJ ~,
at a'minimum:
a) Verity the adequacy of the new project driveway/main internal circulation roadway to en~,ure
that it can be easily and safely negotiated by recreational vehicles and trucks.
b) Provide negotiable access for two-way truck cimllation between project parking, retail parts
sales, maintenance and washing, and existing trock Slop facility.
c) Verify adequacy of parking space and aisle dimensions in new truck parking area, especially
for semi-trailer combinations. .
..-..#
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File: Z 00-0 I. A1S 00-07
5
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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, al 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.
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.
Align' the new project driveway and the Chevron south driVI:WllY.
Provide a curbed street-type entrance serving the exiting Jack-in-the-Box restaurant to reduce
the potential of queues blocking MontercylBolsaINorth Highway 101 Ramps-Travel Park
Circle intersection.
b)
c)
d)
The addition of southbound and northbound left turn Janes at the Bolsa Road/South Chevron Driveway
and Garlic Farms RV Park driveway intersection is n:com.mendcd bllt 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 (I I). A
northbound left turn lane will nearlY be warranted and is recommended, as this would only require
additional lane painting. .
. ..-?
~~ //;;{;;-
William Faus, .
Planning Division Manager
Date P"'parcd: June 2. 2000
. End oCReview Period: July 6, 20QO
Date Approved By City Council:
Galie Farm Annex Initial Study Mitigation Monitoring Program
1
Garlic Farm Auuex Initial Study
(Z oo-ot; A/S 00-07)
Mitigation Monitoring Program
Introduction
On January 1, 1989, the California State Legislature passed into law Assembly Bill 3180. 1bis 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 of project approval during project implementation in order to avoid
significant adverse environmental effects.
The law was passed in response to historic non-implementation of mitigation measures presented in
environmental documents and subsequently adopted as conditions of project approval. In addition.
monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to
evaluate the effectiveness of the mitigation measures.
A definitive set of project conditions would include enough detailed information and enforcement
procedures to ensure the measure's compliance. This monitoring program is designed to provide a
mechanism to ensure that mitigation measures and subsequent conditions of project 'approval are
implemented.
Monitoring Program
The basis for this monitoring program is the mitigation measures included in this initial study. These
mitigation measures are designed to eliminate or reduce significant adverse environmental effects to
less-than-significant levels. These mitigation measures become conditions of project approval. which the
project proponent is required to complete during and after implementation of the proposed project.
The attached checklist is proposed for monitoring the implementation of the mitigation measures. 1bis
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 monitoring 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 determining whether the
mitigation measures contained in the monitoring checklist have been complied with. Once all
mitigation measures have been complied with, the responsible individual or agency should
submit a copy of the monitoring checklist to the 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 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 Director, 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 Gty of
Gilroy.
Gariie Farm 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 .Iighting plan
shall incorporate design elements that will
nunllmze the potential for light and glare
impacts on adjacent residential properties. The
lighting plan shall be subject to the review and
approvaJ 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 ofthe 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 fmd
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."
In the event of an accidental discovery or
recognition of any human remains many
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 915064.5 (e), including,
but not limited to building permits for future
development pursuant to review and approval of
the City Planning Division:
Carlie Farm 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 remams are found during
construction, there shall be no further
excavation or disturbance of the site or any
nearby atea 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
requ ired. If the cotoner detennines 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
ptovided in Public Resources Code 95097.98.
The landowner or his authorized representative
shall rebury the Native American human
remains and associated grave goods with
appropriate dignity on the ptoperty 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 imptovements
serving the ptoject site shaH 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:
Carlie 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 Stonn
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
1) 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. "
Garlie 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 [mal 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.
Garlie Farm Annex Initial Study Mitigation Monitoring Program
Party
Responsible for
Implementation
Developer
Developer
Gilroy
Engineering
Division
Gilroy
Engineering
Division
6
Mitigation
Measure
Number
15 (Cont)
Nature of Mitigation
c) Align the new project driveway and the
Chevron south driveway.
d) Provide a curbed street-type entrance
servmg the exiting Jack-in-the-Box
restaurant to reduce the potential of
queues blocking MontereylBolsaINorth
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.
f) Coordinate with the Santa Clara Valley
Transportation Authority regarding
additional right-of-way requirements for
bus turnout along the north side of the
Southside Road extension east of Bolsa
Road.
Carlic Farm Annex Initial Study Mitigation Monitoring Program
Party
Responsible for
Implementation
Party
Responsible
for
Monitoring
7
Garlie Farm Annex Initial Study Mitigation Monitoring 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
Enviromnental 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
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 ofthe
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 ofIntent
(NO!) and detailed engineering designs to the
Central Coast Regional Water Quality Control
Board. This permit shall tequire development
and implementation ofa Storm Water
Prevention Plan that uses storm water "Best
Garlie Farm Annex Initial Study Mitigation Monitoring Program
Party
Responsible.for
Implementation
.
Developer
Developer
Developer
Party
Responsible
for
Monitoriilg
Gilroy
Engineering
Division
Gilroy
Engineering
Division
Gilroy
Engineering
Division
9
Gar/Ie Fann Annex Initial Study Mitigation Monitoring Program
10
Mitigation . Nature of Mitigation Party Party
Measure Responsible for Responsible
Number Iinplementation for
Monitoring
9 (Cant) 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 meas.ures shall be implemented:
Mitigation
Measure
Number
2
Nature of Mitigation
Party
Responsible for
. Implementation
.
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 & Enviromnental Safety
Division and the City of Gilroy Engineering
Division. Measures shall be implemented
during grading and construction activities, as
needed to control dust.
Developer
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
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) S weep 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 (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.
Garlie Farm Annex initial Study Mitigation Monitoring Program
Gilroy BLES
Division
11
Garlie 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 BLFS
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 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. lfthe 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. Ifthe 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.
Garlic Farm Annex Initial Study Mitigation Monitoring Program
13
Mitigation Nature of Mitigation Party Party
Measure Responsible for Responsible
Number Implementation for
Monitoring
9 The applicant shall submit a Notice oflntent . Developer Gilroy
(NOI) and detailed engineering designs to the Engineering
Central Coast Regional Water Quality Control. Division
Board. This pennit shall require development
and implementation of a Stonn Water
Prevention Plan that uses stOIm 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.
I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached
Resolution No. 2001-78 is an original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 3rd day of December, 2001, 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 11th day of January, 2002.
~{~ ~.c-
City Clerk of the City of Gilroy
(Seal)