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
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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
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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:
---;)
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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)