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Resolution 2002-47 RESOLUTION NO. 2002-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A1S 02-10, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) ON APPROXIMATELY 148,663 SQUARE FEET, APN 841-18-043. WHEREAS, Costco Wholesale Corporation, the applicant, submitted A1S 02-10, an application for architectural and site approval of a Planned Unit Development ("PUD") for a wholesale warehouse store on approximately 148,663 square feet, located at 7251 Camino Arroyo, north of Highway 152, east of Highway 101; and WHEREAS, the applicant is also requesting approval of the revised Sign program as described in the Staff Report dated May 17, 2002 ("Staff Report"); and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council adopted a Negative Declaration on October 15, 2001 in connection with tentative map application TM 01-02, which includes this project, finding that the Negative Declaration was completed in compliance with CEQA, that it reflected the independent judgment of the City, and that there was 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 May 23, 2002, at which time the Planning Commission considered the public testimony, the Staff Report and all other documentation related to application A1S 02-10 and recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public meeting on June 3, 2002, at which time the City Council considered the public testimony, the Staff Report and all other documentation ICDS\555123.1 06040241706002 -1- Resolution No. 2002-47 related to application A/S 02-10; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this project approval is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council hereby 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 02-10 and the revised sign program should be and hereby are approved subject to: 1. The fifty-one (51) final conditions of approval attached hereto as Exhibit "A" and incorporated herein by this reference. 2. The twenty-five (25) mitigation measures set forth in the Negative Declaration, attached hereto as Exhibit "B" and incorporated herein by this reference. PASSED AND ADOPTED this 17th day of June, 2002, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: ~~ Thomas W. Springer, or --- . ATT~~))." . ) ~L l". ',' ,/ '~b:t:P~;~i~~~~ CirkDl, (./ .,'-- \CDS\555123.1 060402-1)4706002 -2- Resolntion No. 2002-47 Exhibit A A1S 02-10 (PUD) COSTCO CONDITIONS Staff further recommends that the approval of this application be subject to the following conditions: Plannin2 (contact Melissa Durkin at 846-0440) 1. All twenty-five (25) MITIGATION MEASURES contained within the Negative Declaration for this development shall be applied to this approval 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). This shall be subject to the review and approval of the Planning Division. 2. Landscaping: Landscaping plans including specifications for an irrigation system shall be approved by the Planning Division 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. 3. All landscaped areas adjacent to parking and/or paved areas shall be separated by a raised protective curbing to meet minimum City standards, subject to review and approval of the Planning Division. 4. Street frontage landscaping along Camino Arroyo shall be bermed in order to provide additional screening of the parking areas. Such berming shall be delineated on required landscaping plans, and shall be subject to Planning Division approval. 5. All signage shall be installed in accordance with the approved Pacheco Pass Center Sign Program. 6. Trash Enclosures: All trash enclosures shall consist of visually solid fences and gates, six (6) feet in height, in accordance with the adopted City of Gilroy standard trash enclosure design plan, or a similar design approved by the Planning Division. All trash enclosures shall be located in accordance with the approved site plan and Uniform Fire Code. In addition, recycling areas must be provided within the trash enclosures, in accordance with the following regulations: A. Areas for recycling shall be adequate in capacity, number, and distribution to serve the development project. B. Dimensions of the recycling area shall accommodate receptacles sufficient to meet the recycling needs of the development project. C. An adequate number of bins or containers to allow for the collection and loading of recyclable materials generated by the development project should be located within the recycling area. 7. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward from the site toward any residential use or public right-of-way. This is subject to the review and approval of the Planning Division. Costco Final Conditions of Approval 2 8. 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. This is subject to the review and approval of the Planning Division. 9. Building colors shall be earth tones subject to Planning Division approval. Enltineerine (contact Kristi Abrams or Don Nunes at 846-0450) Architectural & Site 10.! The lot line shown on the development map shall match the most recent tentative map. 11. Show both sewer easements at rear of the property. 12. No infrastructure or utilities are allowed in these easements. 13. The setback from top of bank at the Ronan Channel or edge of riparian area, whichever is greater, shall be 50 feet. Show this on the plans. 14. Relocate the right inlright out driveway to the South, or develop another design for this driveway that meets the approval of the City Engineer. 15. Show the flood plain elevation. 16. Tree plantings shall be outside the 50-foot setback area along the channel. You may plant in the setback area with approval from the Santa Clara Valley Water District. Trees in the setback area must be native trees. 17. No trees shall be planted in the frontage area at the bridge approach. Construct bike path/access with frontage improvements. 18. Show truck-turning templates at the rear of the building on a separate plan. 19. Water District review and approval is required. Im~rovement Plan Submittal General Comments 20. Submit an underground electrical plan. 21. Provide an erosion control plan. 22. Erosion control must be placed during construction Costeo F41a1 Conditions of Approval 3 23. Off-site construction and on-site construction requiring inspection by Engineering Staff shall be limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. Construction can be allowed outside these hours with prior written approval of the City Engineer and the additional payment for overtime wages expended by the City to accommodate inspection outside the 8 - 5 Monday through Friday time period. 24.' Provide concrete truck wash area on the erosion control plan. 25. Show on plan the containment area for gas station. 26. Show all utilities on the street and profile the storm and sewer on-site. 27. Need separate landscape meter. 28. Provide on-site lighting plan. 29. Sewer shall have minimum lO-foot separation from water line. Sewer can be taken to main trunk line located at rear of site. 30. Locate catch basins at rear of property out side of easement. 31. Locate fIre hydrant on same side of street as lateral. 32. Construct pedestrianlbicycle access to cannel with frontage improvements. 33. Certification of Erosion Control Plan is needed prior to October 15th. 34. Certification of grades and compaction required prior to paving (add to general notes on the title sheet of plans). 35. Certification of improvements on site plans required prior to Building fmal (add to general notes on the title sheet of plans). 36. If the project has excess fill that will be off-hauled to a site within the city limits of Gilroy, an additional permit is required (add to general notes). 37. Section 21.120 Undergrounding required with new streets. All overhead utility facilities within newly constructed public streets shall be placed underground in accordance with City Ordinances. No utility undergrounding fee shall be required for any frontage of a development project which is adjacent to a street which will be improved, including utility undergrounding, as a condition of such project (Ord. #89-17, & 2, 10-16-89). 38. Installation of underground utility lines, etc.: exceptions. New and existing utility lines, appurtenances and associated equipment, including, but not limited to, electrical transmission, street lighting, and cable television shall be required to be placed underground as required in Article V of this chapter starting with section 21.111 (Ord. #81-11, & 1,3-16-81; Ord. #89-17, & 1, 10-16-89). Costeo Final Conditions of Approval 4 Fire Department (contact Rodger Maggio at 846-0430) 39. Provide and delineate a 20' unobstructed fire apparatus access lane around the building. Fire Lanes shall be posted or stenciled on curb "NO PARKING-FIRE LANE." 40. Public street fire hydrants are to be provided along Camino Arroyo at a minimum 300' spacing. Provide on-site fire hydrants in a sufficient number in order to provide the required fire flow to within 150' of all points on the building exterior. Please show an additional on-site hydrant on the Southeast corner of the building. 41.. Minimum fire flow shall be 4000 GPM for 4 hours, assuming Type III N construction (Sprinklered). 42. The Project building shall be equipped with automatic fire sprinklers with a minimum design density that corresponds to the rack storage arrangement and commodity hazard class proposed. 43. The Fire Department Connection shall be within 40 feet ofa fue hydrant. The Fire Department connection shall be on the street side of the building and shall be located and arranged so that hose lines can be readily and conveniently attached to the inlets without interference from any nearby objects. 44. Fire mainlhydrant, fue sprinklers, fue alarm, and racking plans are required under separate detailed submittal and permits. 45. Hazardous Materials Business Plans and Inventory Statement are required. 46. The Building shall be equipped with curtain boards per Article 81 of the California Fire Code unless fue sprinkler system is of the ESFR type. Automatic opening Smoke and Heat vents are required and shall also be provided with a means to operate manually. 47. Interior hose stations are required throughout the facility for Fire Dept. use. Hose stations shall have 2 1/2" National Fire Hose thread couplings. 48. The applicant must meet all of the following requirements: A. Fire Prevention Standard Comments: I. Fire Protection and Alarm Systems: 1. For buildings or outdoor operations involving combustible materials 150 feet or more from the street, a yard fire hydrant(s) shall be installed so that there is a hydrant within 150 feet of buildings or combustible storage or hazardous operations. Hydrant locations to be reviewed and approved by Fire Prevention. 2. Private Fire Underground Main subject to separate plan review and permit from Fire Prevention. See the Underground Fire Main guidance document for standards and plan submittal process. Costco FikI Conditions of Approval 5 II. Fire Access: 1. All buildings shall have fire engine access within 150' of any portion of the building. Roads shall be all weather and capable of supporting a 40,000 lb apparatus and provide an inside turn radius of 39'. Fire access roads greater than 150 ft shall be provided with a turnaround using the Gilroy Fire Department template. Fire access shall not have a slope greater than 15 %, nor be less than 20 ft in width. Fire access to be reviewed and approved by Fire Prevention. 2. All buildings and tenants shall have Model 3201 KNOX boxes installed at the main entry. All Locked gates shall be provided with KNOX access. III. Occupancy and Use: 1. Information regarding high piled storage, rack storage, storage of combustible commodity, hazardous materials and any processes regulated by the Uniform Fire Code as adopted by the Gilroy Municipal Code shall be provided for review and approval. Conformance with the Fire Code, local ordinances and NFP A standards shall be met. Alternate methods and materials shall be subject to a separate review, approval and fees. 2. All Buildings and uses shall comply with the California Building Code, California Fire Code, as amended by the City of Gilroy, and the Uniform Mechanical, Electrical, and Plumbing Codes. Alternate methods and materials shall be subject to a separate review, approval and fees. B. Hazardous Materials Standard Comments: I. General: 1. Buildings for Specific Owners/Operators that use or store hazardous materials shall provide information on the chemicals and processes prior to Arch and Site and/or Conditional Use Permit approval. A Hazardous Materials Business Plan is required prior to Building Permit Issuance. 2. A Hazardous Materials Storage Permit shall be maintained and renewed annually. II. Construction Requirements: 1. Any use of hazardous materials shall be in conformance with the California Fire Code as adopted by the City of Gilroy and the City's Hazardous Materials Storage Ordinance. Information, plans, and a list of hazardous materials shall be provided to the Chemical Control Program prior to building permit issuance for determination of requirements. Businesses are required to maintain hazardous materials storage permit (annual renewal). 2. A separate permit is required for the installation of tanks (above and underground), vessels, process equipment, or storage facilities for hazardous materials and/or hazardous wastes. Plans, specifications and details shall be provided for plan review and approval by Chemical Control. Costco Final Conditions of Approval 6 3. Emergency Generators require separate plan review and permit. Fuel tanks shall meet the UFC article 79 and 80 requirements. III. Prohibitions: I. Aboveground Flanunable and Combustible Liquid Tanks and Propane Tanks are not allowed in the following zoning districts: RH, Rl, RZ, R3, R4, PO, Cl, C2, and C3. C; Industrial Waste!Pretreatment: I. General: 1. Generation and/or disposal of industrial wastewater (non-domestic) shall require an Industrial Waste Permit from Chemical Control. Facilities with discharges in excess of 5,000 gal per day shall contact the Engineering Department and have their sewer and water allocation reviewed and increased if needed. II. Construction Requirements: 1. All new industrial buildings shall have a sewer test manhole installed on the property (see City Specifications) and in an area that can be readily accessed by an inspector, (minimum of one for each building). For tenants with industrial waste treatment systems, a separate sewer test manhole shall be required. 2. On-site storm drains at facilities where there is petroleum product storage or handling, fueling, vehicle storage or repair shall have storm drain filter inserts installed. Such inserts shall be kept on a maintenance contract and annual certification of service provided to chemical control program. 3. Kitchens/Cooking facilities: All cooking facilities shall be provided with a grease trap or clarifier, sized for the anticipated flows. No garbage disposals are allowed. See Chemical Control Grease Interceptor Policy Documents for sizing and type. III. Use and Operations: I. Vehicle Washing or other washing operations that may generate oily residues shall be drained to a sand oil water separator. Rainwater is prohibited from entering the separator. A separate review and approval from Chemical Control is required for the separator installation. 2. Industrial Water Softening systems (resin cartridges) may not be regenerated on site. A cartridge change-out type system is permitted. 3. An industrial waste discharge permit is required from the Chemical Control Program prior to any industrial wastewater discharge to the Sanitary Sewer System. The permit shall be maintained and renewed as required. Costco Final Conditions of Approval 7 Community Services (contact Carla Ruigh at 846-0460) 49. Backflow devices must be provided, subject to the review and approval of the Water Division. 50. The developer shall be required to install street trees according to the Consolidated Landscaping Policy. The developer will be required to obtain a Street Tree Permit prior to installation of the trees. This shall be subject to the review and approval of the Community Services Division. 51. Project landscaping shall be consistent with the approved landscaping plan for the adjacent Lowe's development. Exhibit B Community Development Department Planning Division NEGATIVE DECLARATION City ,of Gilroy 7351 Rosanna St. Gilroy, CA 95020 (408) 846-0440 City File Number: TM 01-02 Proiect Description: Name of Project: Nature of Project: Gilroy Retail Center Tentative Map to create 18 commercial parcels on a 97-acre site. Proiect Location: Location: Property is located North of Highway 152 and east of Highway 101 and Renz Lane, and is bounded on the north side by the Ronan Channel. Assessor's Parcel Numbers: 841-18-043,841-18-044,841-10-049 Entity or Person(s) Undertakinl! Project: Name: Address: Newman Development Group, LLC 2255 Van Ness Avenue, Suite 102, San Francisco, CA 94109 Initial Study: An Initial study of this project was undertaken and prepared for the purpose of ascertaining whether this project might have a significant effect on the environment. A copy of this study is on file at the City of Gilroy Planning Department, 7351 Rosanna Street, Gilroy, CA 95020. Newman Development Group Negative Declaration 2 10/15/2001 Findin2S & Reasons: Thl:! 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. Jdentified adverse impacts are proposed to be mitigated through preparation of special studies p,nd construction of off-site improvements. 3. The proposed project is consistent with the adopted goals and policies of the General Plan of the City of Gilroy. 4. City staff independently reviewed the Initial Study, and this Negative Declaration reflects the independent judgement of the City of Gilroy. Mitigation Measures: 1. Conceptual and fmal project siting, architectural, and landscaping plans for each structure on the project site shall be subject to review through the city Planned Unit Development architectural and site review process and approved by the Gilroy City Council prior to the issuance of a building permit for the proposed project. 2. The landscape plan for the proposed project shall conform to the Zoning Ordinance and Consolidated Landscaping Policy of the City of Gilroy and shall be reviewed and approved by the Gilroy Planning Division prior to the issuance of a building permit. Specific requirements contained in this policy that are pertinent to the proposed project include the following: a. Landscaping shall be provided within development areas most visible from adjacent streets. b. A minimnm IS-foot wide planter area in addition to the public right-of-way shall be provided along each street frontage. c. At least eight percent of the gross land area, in addition to the public right-of-way, shall be landscaped. This may include the minimum IS-foot wide planter required in "b" above. d. All portions of the site more than 40 square feet in area and not specifically used for parking, driveways, walkways or similar access shall be landscaped. Actual landscaping plans will be subject to the review and approval of the Planning Division. Newman Development Group Negative Declaration , 3 10/15/2001 3. The following dust control measures shall be incorporated into all permits for any phase of proposed construction on the project site. The measures shall be implemented as necessary to adequately control dust subject to the review and approval of the Gilroy Planning Division. The following measures shall be implemented at all constroction sites: . Water all active construction areas at least twice daily; , Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; . 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; . Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; . Sweep streets daily (with water sweepers) ifvisible soil material is carried onto adjacent public streets. The following additional measures shall be implemented at constroction sites greater than four acres in area: . Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); . Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.); . Limit traffic speeds on unpaved roads to 15 mph; . Install sandbags or other erosion control measures to prevent silt runoff to public roadways; . Replant vegetation in disturbed areas as quickly as possible. Subject to determination by the Gilroy Planning Division the following measures may be implemented at constroction sites that are very large or are located near sensitive receptors: . Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; " Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; . Limit the area subject to excavation, grading and other construction activity at anyone time. 4. Subject to the review and approval of the Gilroy Engineering Division, prior to demolition of any structure on the project site, the applicant shall contract with a qualified asbestos testing or abatement professional to determine if asbestos is present in the structure. If asbestos is determined to be present, the applicant shall obtain any necessary permits from the Bay Area Air Quality Management District and remove the asbestos-containing materials in accordance with Bay Area Air Quality Management District Regulation II, Rule 2: Hazardous Materials; Asbestos Demolition, Renovation and Manufacturing. Newman Development Group Negative Declaration 4 10/15/2001 5. Subject to the review and approval of the Gilroy Planning Division, an emission reduction program shall be prepared pursuant to the Rincon Plaza Annexation and General Plan ~mendment EIR and may include at a minimum but not be limited to the following elements: . Provision of secure bicycle storage (parking) facilities for both customers and employees. Bicycle storage shall be provided at each building; . A sidewalk shall be provided between bus stops and major uses; . Sidewalks shall be provided between the anchor retail stores and each adjacent use; . A sidewalk shall be provided between the motel and adjacent uses; . Pedestrian access shall be provided between the sidewalks along Camino Arroyo and Renz Lane and the adjacent uses; and . Ifnecessary, provide adequate right-of-way for the Class I bicycle path along Ronan Channel. 6. The project applicant shall prepare a grading plan, for both phases, that shall include, but not be limited to, specifications requiring that no materials or machinery will be allowed in the bed or banks of the Ronan Channel. This would include any grading and/or fill material or grading and/or construction vehicles, etc. The plan shall be subject to review and approval by the Gilroy Engineering Division and Santa Clara Valley Water District, prior to approval of the final map. Monitoring shall take place during grading and construction activities and shall be performed by the Gilroy Engineering Division and/or Santa Clara Valley Water District. Phasing of the grading plans will be allowed to the extent approved by the Gilroy Engineering Division. 7. Due to the possibility that significant buried cultural resources might be found during construction the following language shall be included in any permits issued for the project site, including, but not limited to building permits for future development, subject to the review and approval of the Gilroy 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 a qualified professional archaeologist. If the fmd is determined to be significant, appropriate mitigation measures shall be formulated and implemented. ,,8. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section l5064.5(e): 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 Newman Development Group Negative Declaration 5 10/15/2001 Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or 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 Section 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 MLD or the MLD 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. 9. Construction on the project site shall comply with the latest adopted Uniform Building Code structural earthquake regulations. The fmal construction plans for any structure shall be subject to the review and approval of the Building Division prior to issuance of a building permit to ensure compliance with these regulations. 10. As an implementation step for any specific construction project, a soils foundation analysis shall be completed by a qualified soils engineer as required by section III policy 16 of the Gilroy General Plan and shall be incorporated as a condition of approval. The scope of this report shall pe determined by the Gilroy Engineering Division, and shall include analysis of liquefaction potential at the location of each proposed structure. Recommendations from this report shall be incorporated into the grading plans for the proposed project and shall be subject to the review and approval of the Gilroy Engineering Division prior to issuance of a building permit. 11. Construction of the proposed project should be undertaken during the dry season (April 15- October 15). If construction of the proposed project is undertaken during the wet season (October 15-ApriI15) or any portion thereof, the project proponent shall incorporate the use of straw bales at discharge areas and in swales as well as the use of seeding and hydromulching where appropriate. The erosion control plan measures shall be subject to review and approval by the Gilroy Engineering Division prior to the issuance of a building permit. 12. Subject to the review and approval of the Central Coast Regional Water Quality Control Board and the Gilroy Engineering Division, prior to any demolition, grading, or construction activities on the project site, the applicant shall prepare a storm water pollution prevention program under the National Pollution Discharge Elimination System General Construction Permit. 13. Subject to the review and approval of the Gilroy Engineering Division, prior to any demolition, grading or construction activities within 50 feet of Ronan Channel, the applicant shall obtain a permit from the Santa Clara Valley Water District. Newman Development Group Negative Declaration 6 10/15/2001 14. Subject to the review of the Gilroy Engineering Division, prior to PUD Architectural and Site Review approval, the project applicant shall consult with the Santa Clara Valley Water District in the design of project parking lots to incorporate feasible measures for storm water quality plotection into project designs. The proposed project shall at a minimum include oil and grease separators or other effective filtering systems as part of the drainage system to reduce the quantity of water-borne pollutants leaving the project site and draining into Ronan Channel. These filtering systems shall meet the standards of, and shall be subject to the review and approval of the Santa Clara Valley Water District and the Central Coast Regional Water Quality Control Board. 15. Subject to the review and approval of the Gilroy Engineering Division, project plans shall include designs to prevent spills or leaks at the industrial uses from flowing on the surface of the ground or migrating underground into Ronan Channel. The project applicant shall consult with the Santa Clara Valley Water District in the design of industrial buildings and yard areas to determine feasible measures to incorporate into project designs. 16. The Final Map shall provide for the under-grounding of power distribution lines located within the area ofthat project. In addition, the transmission lines running eastward through the center of the project site will have to be relocated by the project proponent or the project design will have to incorporate the following standards: . No buildings or structures are allowed within the pole--tower line rights-of-way; . Trees within the rights-of-way are discouraged; any plans which include trees in these areas must be reviewed and approved by the owner of the utility; . No excavations may be made within 20-feet of a transmission pole; . Minimum clearances from high voltage lines must be maintained as described in the PG&E manual High Voltage Electrical Safety Orders; . During construction activities, dust control measures must be implemented to avoid contamination of the insulators; . Unrestricted access to the lines by utility crews must be maintained at all times for emergency and normal maintenance operations; . All aboveground power lines on the project site should be marked as appropriate with colored balls or other materials to enhance their visibility to low flying pilots. 17. Subject to the review and approval of the Gilroy Planning Division, and prior to approval of any building permits for this site, the site plan shall include a buffer between the project and the existing residences located along Renz Lane, extending from Renz Lane northward for a minimum of 400 feet. Subject to the review and approval of the Gilroy Planning Division, prior to approval of the final map, a noise study shall be prepared in conjunction with the site plan for the portion of the proposed project located west of Camino Arroyo. The noise study shall include recommendations for the size and type of any sound walls or berms that would be Newman Development Group Negative Declaration 7 10/15/2001 necessary to reduce ambient noise levels on the project site to within City standards. The noise study shall mitigate the incremental difference between the existing noise levels and the project- generated noise. This buffer shall be located outside the sewer and electrical line rights-of-way or easement. Alternatively, at the applicant's expense and subject to review and approval of the Planning Division, alternative, equivalent sound attenuation measures may be used, as determined by a noise analysis. 18. :;ubject to the review and approval of the Gilroy Planning Division, a lighting plan shall be prepared in conjunction with the site plan for the proposed project prior to approval of the final map. No unobstructed beam of exterior lighting shall be directed outward from the site toward any residential use or public right-of-way. 19. The following language shall be included on any permits issued at the project site, subject to the review and approval of the Gilroy Engineering and Building Divisions: "All construction activities on Sundays shall be limited to the hours of7:00 AM to 4:00 PM." 20. Plans for any future specific construction project shall include a fire safety plan. This plan shall indicate and describe all fire safety improvements which will be included in the project including fire hydrant locations, sprinkler and alarm systems, emergency vehicle access provisions, evacuation plans (if necessary), and demonstration of adequate water pressure for fITe-fighting purposes. This plan shall be approved by the Gilroy Fire Department prior to the approval of a site plan for any phase of the project. 21. Subject to the review and approval of the Gilroy Engineering Division, if the State Highway 152 Safety Improvement Project is not completed prior to occupancy of Phase I of the Gilroy Retail Center, the applicant shall construct the following off-site roadway improvements: . either a southbound off-ramp loop from State Highway 101 to Tenth Street and a dual westbound left-turn lane, or a southbound on-ramp loop from westbound State Highway 152 to U.S. Highway 101, conforming to Caltrans design standards. The Santa Clara Valley Transportation Authority, subject to the review and approval ofCaltrans, shall determine the appropriate improvement to be funded and/or built; and . modify the State Highway 152/Brem Lane intersection to a right-in right-out only alignment. 22a. Subject to the review and approval of the Gilroy Engineering Division, the applicant shall include the following on-site and adjacent road improvements on the Final Map. The improvements shall be constructed prior to occupancy of Phase 1 or as warranted: . Construct a new signalized intersection at State Highway 152 and Camino Arroyo prior to occupancy of Phase I; . Construct a new signalized intersection at Camino Arroyo and Renz Lane; . Realign Renz Lane to intersect with Camino Arroyo; Newman Development Group Negative Declaration 8 10/15/2001 . Synchronize signalization of the intersections of Camino ArroyolState Highway 152 and Camino Arroyo/Renz Lane; . Expand the eastbound Renz Lane approach to four circulation lanes, with adequate width for a fifth lane for eastbound approach to Camino Arroyo; . Modify the Brem Lane/State Highway 152 intersection to a right-in, right-out only; . Equip signal lights at the Renz LanelCamino Arroyo and State Highway 152/Camino Arroyo intersections for preemption by the California Highway Patrol, Gilroy Police Department and Gilroy Fire Department; ~ Provide Class II bike lanes along Camino Arroyo; . If necessary, provide adequate right-of-way for the Class I bicycle path along Ronan Channel; . Consult with VTA to determine the location of and to provide the right-of-way for bus stop turnouts; and . Determine necessary bridge elevation for the Camino Arroyo bridge over Ronan Channel, accounting for future trail needs, and provide adequate right-of-way to accommodate the bridge abutments. 22b. Subject to the review and approval of the Gilroy Engineering Division, the applicant shall include the following on-site and adjacent road improvements on the site plan. The improvements shall be constructed prior to occupancy of Phase 1: . Realign the driveway from Renz Lane near the southeast corner of Parcel 1 to lead directly into a circulation alley; . Provide circulation alleys to minimize traffic in front of the stores, and; . Provide bicycle racks at each parcel. 23a. Subject to the review and approval of the Gilroy Engineering Division, the applicant shall include the following on-site and adjacent road improvements on the Final Map. If the State fIighway 152 Safety Improvement Project is not completed prior to occupancy of Phase II of the Gilroy Retail Center the applicant shall construct, the following off-site roadway improvements: . Construct a second southbound left turn lane at the intersection of Camino Arroyo and State Highway 152; . Ifnecessary, provide adequate right-of-way for the Class I bicycle path along Ronan Channel; . Consult with VT A to determine the location of and to provide the right -of-way for bus stop turnouts; Newman Development Group Negative Declaration , 9 10/15/2001 . Construct a traffic signal at the Camino ArroyolProject driveway intersection; and . Construct the fourth leg, including the signal modification, of the Camino Arroyo/Renz Lane intersection. 23b. Subject to the review and approval of the Gilroy Engineering Division, the applicant shall include the following on-site and adjacent road improvements on the tentative map. The fmprovements shall be constructed prior to occupancy of Phase 2: . Construct a signalized project driveway providing access to Parcels 2, 12 and 13, with the signal light synchronized with the other Camino Arroyo signals; . Provide a right in only driveway from Camino Arroyo to Parcel 16 and direct access from Parcel 16 to ParcellS; . Signalize the driveway to Parcels 13 and 16. The signal should be synchronized with the Renz Lane signals; . Realign the driveway to Parcel 17 so that the intersection of Renz Lane and the driveway is at a 90-degree angle, or provide access from the Parcel 13/14 driveway; . Provide right-in right-out driveways from Camino Arroyo to Parcels 12 and 13 to relieve left turn movements at Renz Lane and to reduce circulation on the storefront aisle; . Provide circulation alleys to minimize traffic in front of the stores; and . Provide bicycle racks at each parcel. Subject to the review and approval of the Engineering Division, the above-stated mitigation measures may be modified to address alterations in the final site design. 24. The applicant shall provide the following roadway improvements at the intersection of Camino Arroyo and State Highway 152. If the City of Gilroy adopted level of service for the intersection is LOS D, either ofthe following two improvements shall be made: . modification of the southbound approach to two left-turn lanes, one through and one free right turn lane. This improvement would also necessitate the addition of a westbound auxiliary lane on State Highway 152 from Camino Arroyo to the U.S. Highway 101 northbound on ramp; or . addition of a second SB right turn lane with widening for the second right turn lane on the western side of Camino Arroyo between Pacheco Pass Highway and Renz Lane. If the City of Gilroy adopted level of service for the intersection is LOS C, both of the following improvements shall be made: Newman Development Group Negative Declaration 10 10/15/2001 . modification of the southbound approach to two left-turn lanes, one through and one free right turn lane. This improvement would also necessitate the addition of a westbound auxiliary lane on State Highway 152 from Camino Arroyo to the U.S. Highway 101 northbound on ramp; and . construction of northbound triple left turn lanes on State Highway 152 and the construction of a third northbound lane on Camino Arroyo, between State Highway 152 and Renz Lane. 25. As an implementation step for any specific construction project, the applicant shall prepare and submit a solid waste disposal plan. This plan shall provide an analysis of the anticipated amount of solid waste that will be generated by the project and indicate the manner in which it will be disposed. In addition, the plan, at a minimum, shall include the following: ,. Identification of recyclable materials storage areas for each use in the design of the proposed project; . Inclusion of a common recycling area focused on the commercial and industrial uses in the proposed project; . Provision of information to businesses about the recycling services on the project site and in the area; . Identification of the manner in which insulation and other products made of recycled materials will be incorporated into building structures; and . Identification of the manner in which materials in existing buildings planned for demolition will be recycled or disposed of. This plan shall be reviewed and approved by the Environmental Resources Coordinator and Planning Division prior to the issuance of each building permit for the proposed project. Date Prepared: August 24, 2001 End of Review Period: September 26,2001 Date Adopted by City Council: October 15, 2001 William Faus Planning Division Manager 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. 2002-47 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 17th day of June, 2002, at which meeting a quorum was present. the City of Gilroy this 18th day ofJune, 2002. ). ,- /~ Q,"" /. .. j,/ , / ~\--'ltlJu;( c'-../ /./ A A", City Clerk of the City of Gilroy ( Seal)