Loading...
Resolution 2002-73 RESOLUTION NO. 2002-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AJS 02-20, AN APPUCATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) ON APPROXIMATELY 0.75 ACRES, APN 841-14-077. WHEREAS, KFC/A&W, Harman Management Corp., the applicant, submitted AJS 02- 20, an application for architectural and site approval of a Planned Unit Development ("PUD") for construction of a fast food-style restaurant with a drive-through on approximately 0.75 acres, located at 5884 Monterey Road, south of the Monterey Street interchange. APN 841-14-007; and WHEREAS pursuant to the California Environmental Quality Act (CEQA), the City Council adopted a Negative Declaration on September 5, 2000, in connection with the overall development of property in this location, which Negative Declaration also incorporated this proposed project; and WHEREAS, the Planning Commission held a duly noticed public hearing on September 5, 2002, at which time the Planning Commission considered the public testimony, the Staff Report dated August 14, 2002, and all other documentation related to application AJS 02-20, and recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public hearing on September 16, 2002, at which time the City Council considered the public testimony, the Staff Reports, including that dated September 9, 2002, ("Staff Report"), and all other documentation related to application NS 02-20; 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. IGS0\565820.1 01-091902.04706002 -1- Resolution No. 2002-73 NOW, THEREFORE, BE IT RESOLVED THAT: SECTION I A. The City Council hereby adopts the findings as required by Zoning Ordinance section 50.55 based upon substantial evidence in the entire record, including the facts outlined below that are more fully set forth in the Staff Reports and in evidence given at the public hearings. 1. The project conforms to the Gilroy General Plan in terms of general location and standards of development. 2. The proposed development fulfills a specific need of the surrounding area by providing services to the motoring public and commercial truckers who use the truck stop and RV park. 3. The project does not require urban services beyond those which are available at this project site. 4. The project plan is harmonious and integrated. 5. The project reflects an economical and efficient use of this property. 6. The project includes landscaping provisions which will meet the intent of the Planned Unit Development ordinance. 7. The project uses aesthetic design principles to create attractive buildings and open space areas that blend with the character of surrounding areas. 8. The project will not create traffic congestion, noise or other adverse effects on surrounding areas. 9. The project provides adequate access, parking, landscaping, trash areas and storage, as necessary. IGB0\565B20.1 01.091902-047061lO2 -2- Resolution No. 2002-73 B. The City Council hereby also finds there is no substantial evidence in the record that this project will have a significant impact on the environment. C. NS 02-20 should be and hereby is approved subject to: 1. The twenty-one (21) conditions of approval attached hereto as Exhibit "A" and incorporated herein by this reference. 2. The fifteen (15) mitigation measures set forth in the Negative Declaration attached hereto as Exhibit B and incorporated by this reference, and the Mitigation Monitoring Program, attached hereto as Exhibit C and incorporated herein by this reference. PASSED AND ADOPTED this 7th day of October, 2002, by the following vote: NOES: ABSENT COUNCILMEMBERS: COUNCILMEMBERS: DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER ARELLANO NONE AYES: COUNCILMEMBERS: APPROVED: -?J:~~ ,-p Thomas W. Springer, Mayo ~ ~~ Rhonda Pellin, City Clerk \G80\56582O.1 o1-o91902-Q4706002 -3- Resolution No. 2002-73 File Number CUP 02-05 (02070026) and AlS 02-20 (PUD) (02070025) Applicant: KFC/A&W, Harman Management Corp. c/o Jennifer Kretschmer (408-995-5701) Location: 5884 Monterey Road, south of the Monterey Street interchange Staff Planner: Gregg Polubinsky, gpolubinsky@ci.gilroy.ca.us Plannilll! Division (contact Gregg Polubinsky 408-846-0440) Subject to review and approval by the Planning Division. 1. Expiration This Conditional Use Permit (CUP) and PUD Architectural & Site Review approval is valid for one (1) year from the date of Planning Commission and City Council approvals respectively. If any 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 for up to one additional year on an application request received prior to expiration. 2. This CUP will be valid ifand only if the City Council subsequently approves the PUD Architectural & Site Review application (AlS 02-20) for this restaurant site. 3. Findings ofthe Planned Unit Development require that all projects "Include greater provisions for landscaping and open space than would generally be required." This project will be reviewed to insure that the landscape design will have at least 30% of the plant material ofa more mature size: i.e. trees at 24" box and shrubs at 5 gallon sizes. 4. 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 pennit. 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. 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. 6. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward from the site toward any residential use or public right-of-way. 7. All signage delineated on the plans is NOT approved, but shall be subject to review and approval by the Planning Division and issuance of a separate sign pennit. 8. A trash enclosure shall be located and constructed to City Standards. The enclosure will be relocated away from Monterey Road or provide superior architectural and landscape detailing including an arbor and benning ofthe trash enclosure, subject to the review and approval of the Deputy Fire Marshal and Planning Division. 9. If the adjacent RV park is occupied by patrons before the construction of KFC is finished, then construction hours will be limited to the following hours Monday through Friday, 7AM t07PM, Saturday and Holidays 9AM-7PM and no construction on Sunday. Enl!ineerilll! Division (contact Kristi Abrams 408-846-0450) Subject to review and approval by the Engineering Division. EXHIBIT A CUP 02-05 and NS 02-20 (PUD) 2 8/14/02 10. Cross access agreement is required at all entrances and exits to the restaurant onto the private streets. 11. All utilities to, through, and on the site shall be constructed underground, in accordance with Municipal Code Section 21.120. 12. All improvements are to be done per City of Gilroy Standards. 13. All grading operations and soil compaction activities shall be per the approved soils report and shall meet with the approval by the City Engineer. Grading plans shall show grades of all adjacent properties. Fire Marshal (contact Jacqueline Bretschneider at 846-0430) Subject to review and approval by the Fire Marshal. 14. Install Fire Sprinkler System in conformance with National Fire Protection Association Standard 13 with all concealed spaces sprinklered. Inside risers required. Post Indicator Valve and Fire Department Connection preferred location is at or near street or driveway. 1 5. A sewer test manhole conforming to City Standard SWR2 shall be installed on the property in an area that can be readily accessed by an inspector. 16. A 1 500 gallon, two chambered, with sample manhole grease interceptor shall be installed. Restaurants shall obtain an industrial wastewater discharge pennit. Buildinl!. Life and Environmental Safetv (contact Alan Low at 846-0430) Subject to review and approval by the Building Division. 17. Applicant must comply with the attached 14 conditions dated February 14, 2001. 18. The Planning Commission added the requirement that there be an additional 30% more plant material than the concept plan shows. The City Council added three conditions to this Architectural & Site Review approval 19. That site lighting be added to the KFC property to illuminate the corner for pedestrians crossing from the Garlic Farm RV Park. 20. That the existing transformer either be placed in an underground vault per City policy or if that cannot be accomplished to plant a shrub screen in front and on the sides. 21. That No "Tractor-trailer" Parking signs be placed to prohibit tractor -trailer parking on all of Garlic Farm Drive, a private street. Community Development Department Planning Division Negative Declaration City File Number: Z 00-01, AiS 00-07 City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 (408) 848-0440 ~ , Proiect Description Name of Project: Nature of Project: Gilroy Garlic Farm Annex (by Howard Vierra) A zone change from M-I to M-I (PUD) and an architectural site review to develop an 18.95 acre parcel with two fast-food restaurants with building foot prints of approximately 2,600 square feet each; a recreational vehicle (RY) park consisting of 162 spaces, a recreation center, office, barbecue area, and shower/laundry facilities; and a truck/RV parking, maintenance and washing facility with parking spaces for 155 trucks/R V's, four maintenance bays, three washing bays and an 8,000 square foot retaiI/maintenance offic.e area. Proiect Location Location: East side of Bois a Road/Monterey Street and Highway 101, south of and adjacent to the Garlic Farm Truck Stop. 841-14-076 Assessor's Parcel #: Entity or Person(s) Undertakinl! Proiect Name: Address: Mr. Howard Vierra 5920 Travel Park Circle, Gilroy, CA 95020 Initial Study An Initial Study of this project was undertaken and prepared for the purpose of ascertaining whether this project might have a significant effect on the environment. A copy of this study is on file at the City of Gilroy Planning Division, 7351 Rosanna Street, Gilroy, CA 95020. Findinl!s & Reasons The Initial Study identified potentially significant effects on the environment. However, this project has been mitigated (see Mitigation Measures below which avoid or mitigate the effects) to a point where no significant effects will occur. There is no substantial evidence the project may have a significant effect on the environment. , J. The following reasons will support these findings: 1. The proposal is a logical component of the existing land use of this area. 2. Identified adverse impacts will be mitigated through preparation of special studies, as well as through construction of off- and on-site improvements. The proposed project is consistent with the adopted goals and policies of the Gilroy Genera] Plan. The Initial Study was reviewed by City staff, and this Negative Declaration reflects the independent judgement of the City of Gilroy. EXHIBIT B . 4. Draft Negative Declaration F ne: Z 00-0 t, AlS 00-07 2 6/2/00 Mitigation I. Each use on the project shall submit a detail plan for all exterior lights. The lighting plan shall incorporate design elements that will minimize the potential for light and glare impacts on adjacent residential properties. The lighting plan shall be subject to the review and approval by the City Planning Division, prior to issuance of a Conditional Use Permit. 2. Control measures shall be incorporated into any permits with development of the project site, subject to the review and approval by the City of Gilroy Building, Life & Environmental Safety Division and the City of Gilroy Engineering Division. Measures shall be implemented during grading and construction activities, as needed to control dust. a) Water all active construction areas at least twice daily. b) Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet offreeboard. c) Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. d) Sweep daily (with water sweepers) all paved access roads, parking and staging areas at construction sites. e) Sweep street daily (with water sweepers) if visible soil materials are carried onto adjacent public streets. f) Hydroseed or apply non-toxic soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more). g) Enclose, cover, water twice daily or apply non-toxic soil binders to exposed stockpiles (dirt, sand, etc.). h) Limit traffic speeds on unpaved roads to 15 mpg. i) Install sandbags or other erosion control measures to prevent silt runoff to public roadways. j) Replant vegetation in disturbed areas as quickly as possible. 3. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included in all permits issued for the project site, including but not limited to building permits for the future development, pursuant to the review and approval of the City Planning Division: "If archaeological resources or human remains are discovered during construction, work shall be halted at a minimum of 200 feet from the 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 imp]emented." 4. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the following language shall be included in all permits issued for the project site in accordance with CEQA Guidelines ~ 15064.5 (e), including, but not limited to building permits for future development pursuant to review and approval of the City Planning Division: "Jfhuman 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. Jf the coroner determines the remains to be Native American, the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identifY the person or persons it believes to be the most likely descendent from the deceased Native American. The most likely descendent may then make recommendations to the landowner of the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the -Draft Negative Declaration File: Z 00-01, A/S 00-07 3 6/2/00 human remains and associated grave goods as provided 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 property in a; location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identifY a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. 5. The project shall be designed in accordance with earthquake design regulations of the Uniform Building Code, subject to the review and approval of the City Building, Life and Environmental Safety Division. 6. The following language shall be included in grading permits for the proposed project, pursuant to the review and approval of the City Engineering Division: a) Protect down slope drainage courses, streams, and storm drains with hay bales or temporary drainage swales; b) Use check dams or ditches to divert runoff around excavations; c) Cover stockpiles and excavated soil with secured tarps or plastic sheeting; and . d) Schedule excavation and grading work for dry weather. 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 on the site, and to recommend appropriate engineering specifications for development of the site. The recommendations of the soils investigation shall be incorporated into the final building plans and shall be reviewed and approved by the Gilroy Engineering Division prior to commencement of construction. 8. The project proponent, and any future users of the project site, are required to operate in accordance with the regulation of the City of Gilroy Chemical Control Division and the City of Gilroy Fire Department. Prior to commencing operations, the property operator is required to submit information on all hazardous chemicals to be stored and all processes to be conducted at the project site to the City of Gilroy Chemical Control Division, for review and approval. Both the Chemical Control Division and the City of Gilroy Fire Department are responsible for inspections and enforcement. Hazardous waste transport, recycling, processing and storage facilities must comply with the Santa Clara Hazardous waste Management Plan. The storage of more than 55 gallons of any on hazardous material listed in the City's adopted Hazardous Materials Storage Ordinance shall require issuance of a conditional use permit. Such conditional use permit shall be valid for no more than one year at a time, but may be renewed on an annual basis by the Planning Division Manager. If the Planning Division Manager determines that there have been no known problems in relation to the storage of hazardous materials on the site, the renewal may be granted. If the Planning Division Manager determines that there have been such problems, the use permit shall be come void until or unless the determination is successfully appealed or a new conditional use permit is obtained. No quantity greater than 55 gallons of any material listed in the City's adopted Hazardous Materials Storage Ordinance shall be stored within 400 feet of any residential zoning district of water well or water well of the City of Gilroy. Draft Negative Declaration File: Z 00-01, AlS 00-07 4 6/2/00 9. The applicant shall submit a Notice ofIntent (N0l) and detailed engineering designs to the Central Coast Regional Water Quality Control Board. This permit shall require development and implementation of a Storm Water Prevention Plan that uses storm water "Best Management Practices" to control runoff, erosion and sedimentation from the site. The SWPPP must include Best Management Practices that address source reduction and, if necessary, shall include practices that require treatment. The SWPPP shall be submitted to the City of Gilroy Engineering Division for review and approval prior to commencement of construction. 10. The project proponent shall pay the appropriate storm drain development fees, subject to review by the City Department of Public Works, prior to issuance of a building permit. 11. The project proponent shall be required to obtain a NPDES General Construction Permit, prior to issuance of a building permit. 12. The design of all storm drainage improvements serving the project site shall be provided by the developer, subject to review and approval by the City Engineering Division prior to the issuance of a Conditional Use Permit. These design plans shall include, but not be limited to: a) Calculations verifYing that at least 1.9 acre-feet of water detention storage will be provided at the project site; b) Tbe water detention storage shall be lined; c) Applicab]e storm water source and treatment-based best management practices, applied and maintained, as recommended in the California Storm Water Best Management Practice Handbook; d) Sediment and pollution control facilities within the storm drainage detention facilities; e) Provisions for periodic sweeping of roadways, driveways, and parking areas on the project site; and f) The preliminary grading plan, site plans and building designs shall be consistent with the Binkley Study and comply with the City of Gilroy Flood Plain Control Ordinance and shall not impede the flow of floodwaters. 13. The following language 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." 14. The project applicant shall prepare an on-site improvement plan for review and approval by City of Gilroy Engineering Division prior to approval of the [mal 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. , ])raft Negative Declaration File: Z 00-01, AlS 00-07 5 612100 15. The project applicant shall prepare an off-site improvement plan for review and approval by the City of Gilroy Engineering Division prior to approval of the final improvement plans. This plan shall address, at a minimum: a) Dedicate right-of-way and provide frontage improvements along the project frontage on Bolsa Road to accommodate a four-lane divided arterial with channelization. b) Dedicate right-of-way for the entire portion of Souths ide Drive and establish a bond for fmancing the future improvements of half the width of Souths ide Drive as per city design standards for an arterial road. c) A]ign the new project driveway and the Chevron south driveway. d) Provide a curbed street-type entrance serving the exiting Jack-in-the-Box restaurant to reduce the potential of queues blocking MontereylBolsa/North Highway 101 Ramps-Travel Park Circle intersection. The addition of southbound and northbound left turn lanes at the Bolsa Road/South Chevron Driveway and Garlic Farms R V Park driveway intersection is recommended but not required under existing plus approved plus project conditions. A southbound left turn lane will be warranted for General Plan conditions as indicated in section VII, E5, b and c ofthe traffic report prepared for this project (II). A northbound left turn lane will nearly be warranted and is recommended, as this would only require additional lane painting. Date Prepared: June 2, 2000 End of Review Period: July 6, 2000 Date Approved By City Council: ---;) ~~..-.-/ / /:1/ ./ -- --_./ . /, //:;;7. , -;?-,.,; '- _ ./ tilt!//' (/?N-l !/.~//-;K William Faus, Planning Division Manager COMMl~ITY DEVELOPMENT " -. . 10/01/2002 11:43 FAX 408 846 0429 " , ..........,. '--'" Mitigation Monitoring CheddUt A Prior 10 project approval, the following mitigation ~ shall he implemented: Miligalioa Measure Numbu 1 3 4 Nahm! of MiligaliOll Eal:h use on the proj~ shall submit a detail plllll for all exterior lights. The lighting plan shall incorporate design elements that will minimize the potential for light U1d glare . impacts on adjacent residential properties. The light~g plan shall be subject to the review ami approval by the City Plauning Division, prior 10 issuance of a Conditional Use Permit. Due to the possibility that significant buried cultural resources might be .found during construction, the following \angulIge shaD be includi:d in all pennits issued for the project sit=, including but nOl limited to building pcnnil5 for the future development, pursuant to the review and appronl of the City Planning Division: "If archaeological resources or human remains are discovered during com:lI"UClion, work shaD be halted at a minimum of200 feel nom the find and the area shall be staked off. Tbe project developer shall notify the coroner or the Director . of the ArChaeological Regional Research Center. If the find is determined to be signiticanl, appropriate mitigalion m....ures shall bc fonnulated and implemented. " In the C\'<:nl of an accidental discovel}' or recognition of any human remains in any location other than a dedicated cemetay, the following language shaH be included in all permits issued for the project site in accordance with CEQA Guidelines ~ 1 5064.5 (e), including, but not limited to building permits for IiIture development pursuant to revicw and approval of the City Planning Division: G<lrlic Farm /1nna InitW Study MitiglltiDn M01ljtming Program EXHIBIT C Puty Responsible for . lmplrmmtation I4J 002 Party Responsible for Moniloom: Developa' Gilroy PIa:vUng Division Developer Developer Ci1roy P'IanniI1g Division Gilroy Planning Division 3 Mitigation Measure Number 4 (Cont) 12 Nature of Mitigation "If human remains are found during construction, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American, the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identifY the person or persons it believes to be the most likely descendent from the deceased Native American. The most likely descendent may then make recommendations to the landowner of the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code 95097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a; location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identifY a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. The design of all storm drainage improvements serving the project site shall be provided by the developer, subject to review and approval by the City Engineering Division prior to the issuance of a Conditional Use Permit. These design plans shall include, but not be limited to: Garlic Farm 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 Califomia Storm Water Best Management Practice Handbook; d) Sediment and pollution control facilities within the storm drainage detention facilities; e) Provisions for periodic sweeping of roadways, driveways, and parking areas on the project site; and f) The preliminary grading plan, site plans and building designs shall be consistent with the Binkley Study and comply with the City of Gilroy Flood Plain Control Ordinance and shall not impede the flow of floodwaters. The following language shall be included on any permits issued for the proposed project, including, but not limited to, building permits for future development: "All noise generating construction activities shall be limited to weekdays between 7 AM and 7 PM, to Saturdays and City holidays between 9 AM and 7 PM. No construction is allowed on Sundays." Garlic Farm Annex Initial Study Mitigation Monitoring Program Party Responsible for Implementation Developer Party Responsible for Monitoring Gilroy Planning Division 5 Mitigation Monitoring Checklist B Party Responsible for Monitoring Prior to approval of Final Improvement Plans, the following mitigation measures shall be implemented: Mitigation Measure Number Nature of Mitigation 14 The project applicant~ shall prepare an on-site improvement plan for review and approval by City of Gilroy Engineering Division prior to approval of the final improvement plans. This plan shall address, at a minimum: a) Veriry the adequacy of the new project driveway Imain 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) Veriry adequacy of parking space and aisle dimensions in new truck parking area, especially for semi-trailer combinations. 15 The project applicant shall prepare an off-site improvement plan for review and approval by the City of Gilroy Engineering Division prior to approval of the final improvement plans. This plan shall address, at a minimum: a) Dedicate right-of-way and provide frontage improvements along the project frontage on Bolsa Road to accommodate a four-lane divided arterial with channelization. b) Dedicate right-of-way for the entire portion of Southside Drive and establish a bond for financing the future improvements of half the width of Souths ide Drive as per city design standards for an arterial road. Garlic 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 serving the exiting Jack-in-the-Box restaurant to reduce the potential of queues blockmg MontereylBolsa/North 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 Souths ide Road extension east of Bolsa Road. Garlic Farm Annex Initial Study Mitigation Monitoring Program Party Responsible for Implementation Party Responsible tor Monitoring 7 Mitigation Monitoring Checklist C Prior to issuance of a building pennit, the following mitigation measures shall be implemented: Mitigation Nature of Mitigation Party Party Measure Responsible for Responsible Number Implementation for Monitoring 5 The project sliall be designed in accordance with Developer Gilroy BLES earthquake design regulations of the Uniform Division Building Code, subject to the review and approval of the City Building, Life and Environmental Safety Division. 10 The project proponent shall pay the appropriate Developer Gilroy storm drain development fees, subject to review Engineering by the City Department of Public Works, prior Division to issuance of a building permit. 11 The project proponent sliall be required to Developer Gilroy BLES obtain a NPDES General Construction Permit, Division prior to issuance of a building permit. Garlic Fann Annex Initial Study Mitigation Monitoring Program 8 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 of the soils investigation is to determine the exact soil characteristics and limitation on the site, and to recommend appropriate engineering specifications for development of the site. The recommendations of the soils investigation shall be incorporated into the final building plans and shall be reviewed and approved by the Gilroy Engineering Division prior to commencement of construction. The applicant shall submit a Notice ofIntent (NOI) and detailed engineering designs to the Central Coast Regional Water Quality Control Board. This permit shall require development and implementation ofa Storm Water Prevention Plan that uses storm water "Best Garlic Fann Annex lnitial Study Mitigation Monitoring Program Party Responsible for Implementation Developer Developer Developer Party Responsible for Monitoring Gilroy Engineering Division Gilroy Engineering Division Gilroy Engineering Division 9 Mitigation Nature of Mitigation Party Party Measure Responsible for Responsible Number Implementation for Monitoring 9 (eon!) 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. Garlic Fann Annex Initial Study Mitigation Monitoring Program 10 Mitigation Monitoring Checklist E Durmg construction activities, the following mitigation measures shall be implemented: Mitigation Measure Number 2 Nature of Mitigation Control measures shall be incorporated into any permits with development of the project site, subject to the review and approval by the City of Gilroy Building, Life & Environmental Safety Division and the City of Gilroy Engineering Division. Measures shall be implemented during grading and construction activities, as needed to control dust. a) Water all active construction areas at least twice daily. b) Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. c) Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. d) Sweep daily (with water sweepers) all paved access roads, parking and staging areas at construction sites. e) Sweep street daily (with water sweepers) if visible soil materials are carried onto adjacent public streets. f) Hydroseed or apply non-toxic soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more). g) Enclose, cover, water twice daily or apply non-toxic soil binders to exposed stockpiles (dirt, sand, etc.). h) Limit traffic speeds on unpaved roads to IS mpg. i) Install sandbags or other erosion control measures to prevent silt runoff to public roadways. Garlic Farm Annex Initial Study Mitigation Monitoring Program Party Responsible for Implementation Developer Party Responsible for Monitoring Gilroy BLES Division . 11 Garlic Fann 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 BLES 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 F ire 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 project site to the City of Gilroy Chemical Control Division, for review and approval. Both the Chemical Control Division and the City of Gilroy Fire Department are responsible for inspections and enforcement. Hazardous waste transport, recycling, processing and storage facilities must comply with the Santa Clara Hazardous waste Management Plan. The storage of more than 55 gallons of any on hazardous material listed in the City's adopted Hazardous Materials Storage Ordinance shall require issuance of a conditional use permit. Such conditional use permit shall be valid for no more than one year at a time, but may be renewed on an annual basis by the Planning Division Manager. If the Planning Division Manager detennines that there have been no known problems in relation to the storage of hazardous materials on the site, the renewal may be granted. If the Planning Division Manager determines that there have been such problems, the use permit shall be come void until or unless the detennination 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 ofIntent Developer Gilroy (NO!) and detailed engineering designs to the Engineering Central Coast Regional Water Quality Control Division Board. This permit shall require development and implementation of a Storm Water Prevention Plan that uses storm water "Best Management Practices" to control runoff, erosion and sedimentation from the site. The SWPPP must include Best Management Practices that address source reduction and, if necessary, shall include practices that require treatment. The SWPPP shall be submitted to the City of Gilroy Engineering Division for review and approval prior to commencement of construction. , I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached Resolution No. 2002-73 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 7th day of October, 2002, 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 1st day of November, 2002. ~#L. Ci Clerk of the City of Gilroy (Seal)