Resolution 2002-78
RESOLUTION NO. 2002 - 78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TM 02-04, A TENTATIVE MAP TO
CREATE TWENTY-ONE INDUSTRIAL AND ONE
REMAINDER PARCEL, APNS 841-17-004 AND 841-17-080.
WHEREAS, Joe McCarthy ("Applicant") submitted TM 02-04, requesting a Tentative
Map to subdivide approximately 104 acres into twenty-one (21) industrial parcels, with one (1)
remainder parcel; and
WHEREAS, the property affected by TM 02-04 is located along the south side of
Highway 152 (Pacheco Pass), at the terminus of Silacci Way; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City
Council adopted a Negative Declaration on February 22, 2000, in connection with TM 99-08, a
previous application for the same project, finding that the Negative Declaration was completed in
compliance with CEQA, that it reflects the independent judgment of the City and that there is no
substantial evidence in the record that the project as mitigated will have a significant effect on
the environment; and
WHEREAS, the Planning Commission reviewed application TM 02-04 at a duly noticed
public hearing on October 3, 2002, and thereafter recommended that the City Council approve
said application; and
WHEREAS, the City Council held a duly noticed public hearing on October 21,2002, at
which time the City Council considered the public testimony, the Revised Staff Report dated
September 13, 2002, and all other documentation related to application TM 02-04; and
\GBOIS69465.1
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Resolution No. 2002-78
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 finds as follows:
1. The project is consistent with the land use designation and relevant
policies ofthe General Plan.
2. The project is consistent with the Zoning Ordinance, the City's
Subdivision and Land Development Code, and the State Subdivision Map Act.
3. There are no facts to support findings requiring denial of the proposed
tentative map pursuant to California Government Code section 66474.
4. There is no substantial evidence in the record that this project as mitigated
will have a significant effect on the environment.
B. Tentative Map TM 02-04 should be and hereby is approved, subject to:
1. The twenty-nine (29) conditions attached hereto as Exhibit "A" and
incorporated herein by this reference.
2. The thirty (30) mitigation measures set forth in the Negative Declaration,
attached hereto as Exhibit "B" and the MitigationIMonitoring Program, attached
hereto as Exhibit "C", all above-described exhibits incorporated herein by this
reference.
\GB0\569465.1
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Resolution No. 2002-78
PASSED AND ADOPTED this 4th day of November, 2002 by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO and SPRINGER
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
VELASCO
APPROVED:
ATIEST:
//~~,Q
~""b.'-L~~'
Rhonda Pellin, City Clerk
IG60\569465.1
01-102402-04706002
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Resolution No. 2002-78
10/29/02 TUE 15: 41 FAX 408938257~..
BERLINER & COHEN
!gJ007
TM 02-04 (Joe McCarthy)
Final Conditions of Approval
Plana in!! DivisiulI (contact Melissa Durkin at 846-0440)
1. MITIGATlON MEASURES #1 THROUGH #30, contained within the Negative Declaration, dated
11-24-99 (revised 1/06/00) shall be applied to the approval of the project in order to reduce and/or
mitigate all potential significant impacts to a level of insignificance, as required under the California
Environmental Quality Act (CEQA).
2. All street names within the subject Tentative Map area shall be subject to review and approval by the
City's Street Naming Cormnittee and/or the Street Naming Task Force.
3. Prior to Final Map approval, the applicant/developer shall secnTe and submit a "Property Purchase and
Swap Agreement" which will enable the applicant to dedicate the adequate amount of East Luchessa
right-of-way, as delineated on the Gilroy General Plan map, subject to review and approval by the
Planning Division and Engineering Division. Said agreement shall run to the benefit of successors
and assigns and shall be recorded against the property
Enl/:ineerinl! Division (contact Don Nunes at 846-0450)
4. For the necessary off-site dedications to the City of Gilroy required by the roadway and/or utility main
design, the developer shall pay all the costs of any land purchase for the ultimate right-of-way and
easements. The developer shall, within 21 days after City Council approval of the Tentative Map,
deposit the estimated cost of all condemnation expenses with the City of Gilroy's Community
Development Department. All costs of the condemnation procedure shall be paid for the developer.
All easements and right-of-ways must be dedicated and/or deeded to the City of Gilroy before Final
Map approval, subject to review and approval by the Engineering Division.
5. The developer shall pay all the costs of any land purchase for the ultimate right-of-way and easements
and secondary access. The developer shall, within 21 days after City Council approval of the tentative
map, deposit the estimated cost of all condemnation expenses with the City of Gilroy's Engineering
Division. All easements and rights-of-way must be dedicated and/or deeded to the City of Gilroy
prior to final map approval, subject to review and approval by the Engineering Division.
6. Prior to City Council approval of the Tract Map and Improvement Plans, the following items shall be
completed by the applicant and/or developer:
a. A signed original composite plan by the electrical design engineer shall be a part of the
improvement plans;
b. A letter from the subdivision design civil engineer shall be prepared which states that the
composite plan agrees with City Codes and Standards and that no underground utility conflict
exists;
c. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the City;
and
d. The City will collect the plan check and inspection fee for the utility underground work.
EXHIBIT A
1~/29/02 ~lTE~.42 FAX 4089382579
BERLINER & COHEN
2
TM 02-04 Final conditions of Approval
7. Prior to any construction of the utilities in the fjeld, the applicant and/or developer shall submit the
following items to the City Engineering Division for review and approval:
a. A signed and PG&E-approved original electric plan; and
b. A letter from the design Civil Engineer that states that electrical plans conform to City Codes and
Standards, and with the approved subdivision improvement plans.
8. All grading operations and soil compaction activities shall be per the approved soils report and shall
meet with the approval of the City Engineer. Grading plans shall show grades of all adjacent
properties, and shall be subject to the approval of the Engineering Division.
9. All existing water wells shall be sealed to meet the approval of the City Engineer and the Santa Clara
Valley Water District (SCVWD).
10. The developer shall implement and follow the Santa Clara Valley Urban Runoff Pollution Prevention
Program's recommended Best Management Practices (BMP) for construction activities, as contained
in the California Storm Water Construction BMP Handbook, subject to review and approval by the
Engineering Division.
11. The applicant shaH provide the Santa Clara Valley Water District detailed topographic maps with the
existing channel alignment and rights-of-way for both channels to clarify how much additional right-
of-way will be necessary. This mitigation shaH be reviewed and approved by the Santa Clara Valley
Water District.
12. The applicant shaH provide the Santa Clara Valley Water District a hydraulic model to verify that the
existing channel hydraulics are not adversely impacted by the construction of the proposed street
crossings over Princevalle Storm Drain. This mitigation shall be reviewed and approved by the Santa
Clara Valley Water District.
13. The developer shall provide full street, curb, gutter, sidewalk, and electrolier improvements, subject to
the review and approval of the Community Development Department.
14. Street improvements and the design of all storm drainage. sewer and water lines, and all street sections
and widths shall be subject to the review and approval of Engineering Division. All utilities to,
through, and on the sjte shall be constructed underground, in accordance with Municipal Code Section
21.120, subject to the review and approval of Engineering Division.
15. All roadway street sections (except for the seventy (70) foot street section) need to be widened a total
often (10) feet to accommodate bike lanes.
16. This project is subject to additional traffic analysis of Highway 152 and Fraizer Lake Road and
Highway 152 and Holsclaw Road to adequately respond to comments from the County of Santa
Clara, subject to review and approval by the Engineering Division.
17. The developer shall satisfy all requirements of the Santa Clara Valley Water District, as outlined in
their letter of July 2, 2002 (See Exhibit A). .
18. All utilities to, through, and on the site shall be constructed underground, in accordance with
Municipal Code Section 21.120, subject to the review and approval of Engineering Division.
EXHIBIT A
141008
_ 10/29~TUE 15: 42 FAX.4089382579
BERLINER & COHEN
3
TM 02-04 Final conditions of Approval
19. All retaining walls must be constructed of permanent materials such as concrete or masonry, and shall
be of a modular design; wood shall not be permitted. This shall be subject to review and approval by
the Engineering Division.
20. All 10ts shall drain to the street for storm drainage, subject to the review and approval of the
Engineering Division.
21. The developer shall provide joint trench composite plans for the underground electrical, gas,
telephone, cable television, and communication conduits and cables including the size, location and
details of all trenches, locations of building utility service stubs and meters and placements or
arrangements of junction structures as a part of the hnprovement Plan submittals for the project. The
composite drawings and/or utility improvement plans shall be signed by a licensed civil engineer.
This shall be subject to the approval of the Engineering Division.
22. The developer shall negotiate rights-of-way with Pacific Gas and Electric and other utilities. subject to
review and approval by the Engineering Division and the utility companies.
23. The Engineering Division shall approve all hydrant locations and water main sizing prior to building
permit issuance. Equipment and staffing shall be provided for watering of all exposed or disturbed
soil surfaces at least twice daily. An appropriate dust palliative or suppressant, added to water before
application. shall be utilized, subject to review and approval by the Building, Life, and Environmental
Safety Division.
24. The developer shall submit improvement plans with the Final Map submittal.
25. The developer shall submit an estimate of the probable cost of off-site improvements with the Final
Map submittal.
26. The developer shall submit fees and bonds and enter into a development agreement prior to Final Map
recordation.
Citv Attornev (contact Linda Callon at 286-5800)
27. Subdivider shall defend, indemnify, and hold hannless the City, its City Council, Planning
Commission, agents, officers, and employees from any claim, action. or proceeding against the City or
its City Council, Planning Commission, agents, officers, and employees to attack, set aside, void, or
annul an approval of the City, City Council, Planning Commission, or other board, advisory agency,
or legislative body concerning tbis subdivision. City will promptly notify the subdivider of any claim,
action, or proceeding against it, and will cooperate fully in the defense. This condition is imposed
pursuant to California Government Code Section 66474.9.
Fire Deoartment (contact Rodger Maggio at 846-0430)
28. Street Hydrants shall be spaced every 300 ft.
29. Roadways and driveways shall provide a minimum 20 feet of unobstructed travel. Turns shall provide
an inside turning radius of 39 ft.
EXHIBIT A
141 009
10/29/02 TUE 15:43 FAX 4089382579
BERLINER & COHEN
141010
Community Development Department
Planning Division
Negative Declaration
City of Gilroy
7351 Rosanna St.
Gilroy, CA 5020
(408) 848-0440
(
City File Number; TM 99-08
November 24, 1999
PrQied Description
Name of Project:
Nature of Project:
Wellington Business Park
Request to subdivide approximately 104 acres into 21 industrial parcels
ranging from 2.7 to 10.9 aeres.
Proiect Location
Location:
Assessor's Parcel #;
South side of Highway 152, north of and east ofSilacci Way.
841-17-080 and 841-17-004
Entity or Personhl UndertakiDl!! Proied
Name:
Address:
Wellington Corporation (% Glenn Pace)
275 Tenant Avenue, Ste. 102, Morgan Hill, CA 95037
Initial Studv
An expanded 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. The following reasons will support these findings:
1. The proposal is a logical component of the existing and potential land use of this area.
2. Potentially adverse impacts are proposed to be mitigated.
3. The proposed project is consistent with the adopted goals and policies of the Gilroy General
Plan.
EXHIBIT B '.
_lO/29/_~~UE ~.5: 43 FAX 4289382579
BERLINER & COHEN
Draft Negative Declaration
TM 99-08
2
1l/24/99
4. The Initial Study was independently reviewed by City staff, and tbis Negative Declaration
reflects the independent judgement of the City of Gilroy.
Mitiaation Measures
1. All future project plans shall contain a notice requiring that all applicable BAAQMD construction and
operational impact emission control measures pertinent to the Basic Control Measures and Enhanced
Control Measures, as indicated in the BAAQMD CEQA Guidelines, be implemented.
2. All future project plans shall indicate preferential parking spaces for carpool and vanpool vehicles, and
provide weather-protected bicycle parking for employees.
3. Future bus stops shall include all.weather protective space designed to stay dry during periods of
inclement weather. '
4. Refer to mitigations 1-3.
S. Refer to mitigations I - 3.
6. Future development plans shall submit a Notice of Intent to the Central Coast RWQCB prior to
obtaining a grading permit from the city. This permit will require development and implementation
of a Storm Water Pollution Prevention Plan (SWPPP) that uses storm water "Best Management
Practices" (BMP) to control runoff, erosion and sedimentation from the site. The SWPPP has two
major objectives: (1) to help identify the sources of sediments and other pollutants that affect the
quality of storm water discharges, and (2) to describe and ensure the implementation of practices to
reduce sediment and other pollutants in stonn water discharges. The SWPPP must inc:lude BMP,
which address source reduction and, if necessary, shall include practices, which require treatment.
Integral to the NOI process is submittal of engineering designs. The SWPPP will be submitted to the
City Engineering Division and the Sanla Clara Valley Water District for review and approval prior
to approval of the final map.
7. Due to the possibility that significant buried cultural resources might be found during construction,
the following language shall be inc:luded 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 ha~ec1
al minimum of 200 feet from the find and the area shall be slaked off. The project developer shall notify
the coroner or the Director of the Archaeological Regional Research Center. If the find is determined to
be significant. appropriate mitigation measures shall be formulated and implemented.'
8. As a construction implementation step for all future development on the project site, the project
proponent shall have a soils investigation completed by a qualified soils engineer subject to review
and approval by the Gilroy Community Development Department. Recommendations from this
investigation shall be incorporated into the fmal improvement plans for all future development on the
project site, and shall be silbject to the review and approval of the City Building Department prior to
the issuance of a building permit.
~Ol1
10/29/02 TUE 15:43 FAX 4089382579
BERLINER & COHEN
IiiJ 012
Draft Negative Declat1ltion
TM 99-08
3
1lI24/99
9. Future development on the project site should be undertaken during the dry season (April IS to
October 15). If construction is undertaken during the wet season (October 15 to April IS) or any
portion thereof, the project proponent shall prepare an erosion control plan subject to the review and
appro;!al by the Gilroy Community Development
10. Refer to mitigation measure 8.
II. A qualified soils engineer shall prepare a soil investigation for the project. The recommendation of
the soils investigation shall be incorporated into the fmal map and shall be reviewed and approved by
the Gilroy Engineering Division prior to approval of the final map.
12. Implement mitigation measure 8.
13. Prior to futw"c development, the project proponent shall be required to submit a detailed storm drainage
improvement plan for the project site and construct improvements specified in the plan. The plan shall
include design and specification for the on-site storm drainage system and all off-site storm drainage
improvements. The type, size, and location of all infrastructure improvements shall be determined by
the Engineering Division prior to issuance of a building permit. The plan shall include, but not be
limited to the fo\Iowing: .
a. On the eastern portion of the project site, the project proponent shall design a regional retention
pond, a series of detention ponds, or other approved method, to detain surface water run-off and
ensure that storm water runoff from the proposed site does not increase lIlld to accommodate the
City of Gilroy's Master Storm Drain Design. The floodwater flow paths created by lot grading, !
as well as the location, configuration, and construction of individual buildings, should not exceed
a 50 percent reduction in the existing hydraulic conveyance capacity across the parcel. Use of
landscape berms lIlldlor raised parking areas shall be prohibited.
b. The drainage from the parking areas and roads shall use a comprehensive nori-point source
treatment system of vegetated drainage swales or a filter system prior to entering the storm drain
~~ .
c. Any storm drainage detention facilities shall also provide sediment control facilities.
14. The developer shall provide on-site drainage easements for the regional detention pond.lIlld all City
of Gilroy storm drainage facilities diS\:harging into and out of the facility. This shall be completed
prior to issuance of a building permit and shall be subject to review and approval by the Engineering
Division.
15. Future development shall construct fmished floor elevations at least one foot above the 1 OO-year flood
elevation as delineated on the current Flood Insurance Rate Maps (FIRM) produced by the Federal
Emergency Management Agency (FEMA) subject to the review and approval of the City of Gilroy
Engineering Building, Life and Environmental Safety Division prior to issuance of a building permit.
16, Future Development shall be required to apply for and obtain a "General Permit for Storm Water
Discharge Associated with Construction Activity" from the regional Water Quality Control Board if
the amount of land to be disturbed is five or more acres prior to issuance of a building permit for each
individual future project.
10/29/02 TUB 15:~4 FAX 4089382579
BERLINER & COHEN
I4J 013
Draft Negative Declaration
1M 99-08
4
1I/24199
17. Future development adjacent to or within the vicinity of the Princevalle Storm Drain shall be required
to obtain a district encroachment permit from the Santa Clara Valley Water District prior to issuance
of a building permit for the project.
18. Future development shall obtain a special flood hazard development permit prior to construction from
the Engineering Divi8ion in addition to all federal, state and local permits necessary for future
. development prior to issuance of a building permit. The development permit application shall include
the following:
a. proposed elevation in relation to mean sea level, or the lowest floor (including basement) of all
structures;
b. proposed elevation in relation to mean sea level to which any structure will be flood-proofed;
c. Certification of a registered professional engineer or architect that the f1ood-prooflllg methods fot
any non-residential structure meet criteria in Section 5 of the Floodplain Management Ordinance;
and
d. A description ofthe extent to which any water course wil\ be altered or r;elocated as a result of
future development.
19. If the proposed project proposes to connect or construct mains for the storm drain system in a different
place than its basin has been modeled for in the City of Gilroy Storm Drainage Master Plan, the
developer shall pay the city's consultant the required fees to re-run the modeled system. These fees
shall be paid prior to issuance of a building permit.
20. Referto mitigation measures 13-19.
21. Refer to mitigation measure 6.
22. Refer to mitigation measures 13-19
23. The applicant shall install a traffic signal at the US 101 northbound ramps and Highway 152.
Since project generated traffic accounts for only a portion of the traffic added to this intersection,
the project should pay a fair share only toward the cost of installing the signal. This mitigation
shall be reviewed and approved by Caltrans.
24. Install a traffic signal at the Silacci Way and Highway 152 intersection. Since project generated
traffic accounts for only a portion of the traffic added to this intefllection, the project should pay a
fair share toward the cost of installing the signal. The improvements to Highway 152 (add one
lane in each direction) will improve the level of service to acceptable levels when the intersection
is signalized. This mitigation shall be reviewed and approved by Caltrans.
25. The applicant proposes to constrUCt this intersection as part of the project. Caltrans peak-hour
volumes arc high enough to warrant a traffic signal, therefore, the intersection shall also be
signalized when it is built. This mitigation shall be reviewed and approved by Callrans.
26. The applicant shall install a temporlU)' traffic signal at the Brem Lane/Renz Lane and Highway 152
intersection. This intersection will be removed under c!lltiulative conditions with the construction
10/29/02 TUE 15:44 FAX 4089382579
BERLINER & COHEN
1i!l014
Draft Negative Declaration
TM 99-08
5
11/24/99
of Camino Arroyo to Highway 152. Since project generated traffic accounts for only a portion of
the traffic added to this intersection, the project should pay a fair share only toward the cost of
installing the signal. This mitigation shall be reviewed and approved by Caluans.
27. Extend the existing westbound left-turn pocket an additional 45 feet under project A, B, and C
conditions. With implementation of this improvement, the storage capacity for westbound left
turns would adequately acconunodate the estimated maximum vehie1e queues for this movement
during the peak hours. There is approximately 135 feet between the end of the westbound left-turn
pocket and the railroad crossing, therefore. the extended pocket can be accommodated. This
improvement can be made by restriping the existing turn pocket. This mitigation is subject to
review and approval by the Gilroy Engineering Division.
28. Extend the existing southbound left-Lum pockeL an additional 15 rect under project A, B. and C
conditions. With implementation of this improvement, the storage capacity for northbound left
turns would adequately acconunodate the estimated maximum vehicle queues for this movement
during the peak hours. This improvement can be made by restriping the existing turn pocket. This
mitigation is subject to review and approval by the Gilroy Engineering Division.
29. One lane in each direction should be added to the segment of Highway 152 fronting the project
site. The lanes would be added over an approximate 5,500-fool section of Highway 152 and would
begin at me lane drops near Brem Lane/Renz Lane and continue eastWard where they would
transition back to two lanes before me L1agas Creek bridge. Highway 152 operates at UIlBCceptable
levels of service under existing conditions, and project traffic would account for only a portion of
the traffic on this facility. Therefore, the project should pay a fair share toward the cost of
upgrading this section of Highway 152 to a four-lane highway. It would not be feasible for this .
project to pay for the upgrade of Highway 152 as far east as Frazier Lake Road, since the number
of project trips added to that portion ofthe facility is negligible. This mitigation is subject to
review and approval by Caltrans.
30. Add a second 100-foot westbound left-turn lane under project A conditions or add a secl?nd 120-
foot westbound left-turn lane under project B and C conditions. With the implementation of this
improvement, the storage capacity for westbound left turns would adequately accommodate the
estimated maximum vehicle queues for this movement during the peak hours. The final lane
geometry for the east approach after mitigation improvements will be two through lanes and two
left-turn lanes. The other approaches will remain unchanged from background conditions.
Date Prepared: November 24, 1999
End of Review Period: December 28, 1999
Date Adopted:
William FaUS
Planning Division Manager
10/29/02 TUE 15:45 FAX 4089382579
BERLINER & COHEN
\
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Wellington Business Park Subdivision Initial Study
Mitigation Monitoring Program
Introduction
On January 1, 1989, the Califomia State Legislature passed into law Assembly Bill
3180. This bill requires public agencies to adopt reporting or monitoring programs
when they approve projects subject to an environmental impact report or a negative
declaration that Includes mitigation measures to avoid significant adverse
environmental effects. The reporting or monitoring program is to be designed to
ensure compliance with conditions or project approval during project implementation
in order to avoid significant adverse environmental effects identified in the
environmental review process.
This monitoring program is designed to provide a mechanism to ensure that
mitigation measures and subsequent conditions of project approval are
implemented. '
Monitoring Program
The bases for this monitoring program are the mitigation measures included in the
initial study/negative declaration. These mitigation measures are designed to
eliminate or reduce significant adverse environmental effects to levels of .
insignificance_ These mitigation measures become conditions of preiect approval,
which the project proponent is required to complete during and after Implementation
of the proposed project.
The attached checklist is proposed for monitoring the implementation of the
mitigation measures. This monitoring checklist contains all appropriate mitigation
measures in the initial study/negative declaration.
Monitoring Program Procedures
It is required that the City of Gilroy use the attached monitoring checklist for the
proposed project. The monitoring program should be implemented as follows:
1. The City of Gilroy Planning Division should be responsible for coordination of
the monitoring program, including the monitoring checklist. The Planning Division
should be responsible for completing the monitoring checklist and distributing the
checklist to the responsible individuals or agencies for their use in monitoring the
mitigation measures. .
2. Each responsible individual or agency will then be responsible for
determining whether the mitigation measures contained in the monitoring checklist
have been implemented. Once all mitigation measures have been complied with,
the responsible individual or agency should submit a copy of the monitoring
checklist to the City of Gilroy Planning Division to be placed in the project file. If a
mitigation measure has not been complied with, the monitoring checklist should not
be retumed to the Planning Division.
Goldell SllIle Plllllllilllll"d E"virolllfle"",1 Co"sllllill,
Exhibit C
MMP-l
___~/~ TUE 15:_45 FAX 4089382579
BERLINER & COHEN
Wlt1li1fgr." .IIWo_ Port J,,;,w S'"9
/4i1igd11" M."/lJlri,,g P..~
3. Before issuance of an occupancy permit. the Planning Division should review
the checklist to ensure that all mitigation measures and additional conditions of
project approval included in the monitOring checklist have been implemented. An
occupa~ey permit should not be issued until all mitigation measures and additional
conditions of project approval included in the monitoring checklist have been
implemented.
4. If a responsible individual or agency determines that a non-<:ompliance has
occurred. a written notice should be delivered by certified mail to the p'roject
proponent within 10 days. with a copy to the Planning Division, descnbing the non-
compliance and requiring compliance within a spec!fied period of time. If a non-
compliance still exists at the expiration of the specified period of time, construction
may be halted and fines may be imposed at the discretion of the City Of Gilroy.
".
(ill'"'''' ,)tllte rlfllUlur.,lIn4 bIlVIl'lJ'.....,lIr.t l..DIISlllllllr.
MMr....
10/29/02 TU~ 15:45 FAX 4089382579
BERLINER & COHEN
~017
"
I
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WfIIlJlIgI"II BII5ill"'~ P,.,k I"ltlfll Struly
/tI1dpIhnI M"ttitori1f6 PrIIgrllllf
Mitigation Monitoring Checklist A
I
J
Before approval ofthe Final MaD, the following mitigation measures shall be
im lemented.
Mitigation'
Number
Mitigation
Party
Responsible for
Implementation
Party
Responsible for
Monitoring
.J
]
]
J
J
]
J
]
.1
J
]
]
]
]
NOT APPLICABLE
Mitigation Monitoring Checklist B
Before issuance of a Grading/BuildinG Permit, the following mitigation.
measures shall be Implemented.
1
J
Mitigation Mitigation Party Party
Number ResconSible far Responsible for
Imp ementatlon Monitoring
1 AU future project plans shall Aj)plic8nt Community
contain a notice requiring that all
applicable BAAQMD constnJction Development
and operational Impact emission Department
control measures pertinent 10 the ~ .
Basic Control Measures and
Enhanced Control Measures, as
indicated in the BAAQMD ceCA
Guidelines, be implemented.
2 All future projecl ~Ians shall Aj)plicant community
indicate preferentia parking Development
spaces for carpool and van pool Department
vehicles. and provide weather-
protected bicycle parking for
employees.
3 Future bus stops shall include all- Aj)plicant Community
weather protective space designed Development
to stay dry during periods of Department
inclement weather.
4 Refer to mitigations 1 - 3. Applicant Community
Developmenl
Department
5 Refer to mitigations 1 - 3 Applicant Community
Development
Department
6 Future development plans shall Applll:8nt Community
submit a Notice of Intent 10 the
1
CJilJltle" Stille I'ltlll"lIIg 1l,,1Il!"~lrtJlI/lfellrlll c.G"sIIUmg.
"
/WMl'..j
10/29/02 TUE 15:45 FAX 4089382579
BERLINER & COHEN
[aJ 018
W.uu.1flllllllll6i_ Puk IlIitilll StJy
MitipllIIII MllllittlriJIg Pt'ogrtUII
C;entral c;oast pnor to lJ_lMlIopment
obtaining a grading pennit from the Department
city. This permit will reCluire
development and implementation
of a Storm Water Pollution
Prevention Plan (SWPPP) that
uses stonn water "Best
Management Practices" (BMP) to
control runoff, erosion and
sedimentation from the site. The ,
Swppp has two major objactlves:
(1) to help identify the sources of
sediments and other pollutants that
affeclthe quali:I of stonn water
discharges, an (2) to describe
and ensure the implementation at
prac:tlcas to reduce sedIment and
other pollutants in stonn water
discharges. The SWPPP must
include BMP. which address
source reduction and, if necessary,
shall include practices, which
require treatment. Integral to the
NOI process is submittal of
engineering designs. The SWPPP
will be submitted to the City
Engineering Division and the Santa
Clara Valley Water District for
review and apprO\fal prior to
apprO\faJ of the final map.
7 Due to the possibility that Applicant City of GII'?V
signific:ant buried wltural resources Planning DiviSion
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 pennits 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 minimum of 200 feet from
the find and the area shall be
staked off. The project developer
shall notify the coroner orthe
Director of the Archaeological
Regional Research Center. If the
find is determined to be significant.
appropriate mitigation measures
shall be ftlnnulated and
implemenied."
8 AS a construction implementation Applicant Community
step for all future development on Development
the project site, the project Department
proponent shall have a soils "
investigation completed by a
qualified soils engineer subject to
review and approval by the Gilroy
Community Development
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BERLINER & COHEN
Ii!I019
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Depanment Recommeno!ltlons
from this investigation shall be
incorporated into the final
improvement plens for all future
development on the project site,
and shall be subject to the review
. and approval of the City Building
Department prior to the Issuance of
a building permit.
9 Future development on the project Applicant Community
site should be undertaken dUrinLr Development
the dry season (April' 5 10 Octc Department
, 5). If construction is undertaken
during the wet season (Octcber '5
10 April , 5) or any portion thereof,
Ihe project proponent shall prepare
an erosion oontrol plan subject ta
the review and approval by the
Gilroy Community Development -
Department prior to the issuance of
a grading permit. The erosion
control plan shall Include the
following information:
a. Measures for controlling erosion
during construction of the
proposed project, including
contractor specifications,
detention basins to hold pre-
development run-off volumes for
a 1 aD-year storm event,
reseeding of disturbed areas, . .
and periodic watering during
excessive winds.
b. Measures for controlling erosion
aller construction of tha project
site, including reseeding of
disturbed areas.
'0 Refer 10 Millgation Measure B. Applicant community
Development
Dapartment
11 A qualified soils engineer shall Applicant Engineering Dillision
prepare a soil investigation for Ihe
project. The recommendation of
the soils investigation shall be
incorporated into the final map and
shall be reviewed and approved by
the Gilroy Engineering Division
prior to approval of the final map.
12 Implement mitigation measure 8 Applicant Community
Development
Department
13 Prior to future development. the Applicant Engineering Division
project proponent shall be required
to submit a detailed stann dreinage
imorovement plan for the project ,
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TUE 15:46 FAX 4089382579
Wtd/JlIgrDII BlI8ill_ PIlrlt.lllflUd Study
BERLINER & COHEN
M~" MMittJriIIg p,."g,.,..
site ana COnstruCllmpravements
s~eeitied in the plan. The plan
s all include design and
specitica~an for the an-site stonn
drainage system and all aff-sile
stann drainage improvements.
The type, size, and location of all
infrasln.lcture improvemenl$ shall
be determined by the Engineering
Division prior to Issuance of a
building permit. The plan shall
include. but not be limited to the
following:
a. On the eastern portion of the
project site, the project
proponent shall design a
regional retention pond, a series
of detention ponds, or other
approved method, to detain
surface water run-off and
ensure that stoml'water runoff
from the proposed site does not
increase and to accommodat&
the City of Gilroy's Master Stann
Drain Design. The floodwater
!low paths created by lot
grading, as well as the location,
configuration, and consln.lction
of individual buildings, should
not exceed a 50 percent
reduction in the existing
hydraulic conveyance capacity
across the parcel. Use of
landscape berms and/or raised
parkin!! areas shall be
prohibded.
b. The drainage from the parking
areas and rQads shall USe a
comprehensive nOl,oint source
treatment system 0 vegetalecl
drainage swales or a filter
system prior to entering the
storm drain system.
c. Any' storm drainage detent/ol'!
facilities shall also prolfide
sediment control facilities.
14 The delfeloper shall provide on-site Applical'!t Engineer1ng Division
drainage easements for the
regional detention pond and all City
of Gilroy storm drainage facilities
discharging into and out at the
facility, This shall be completed
prior to issuance of a building
permit and shall be subject to
review and apprallal by the
Engineering Division,
15 Future developmant shall c:onsln.lct Engineering Division
finished floor elelfations atlaast
one foot above the 100-year flOQd
elevation as delinealecl on the
current Flood Insurance Rate
MaDS (FIRM) ClrQduced by the
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10/29/02 THE 15: 46 FAX 4089382579
BERLINER & COHEN
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Wellilt8ftlll BlIsilless 1'1l,A: r"Uill/ Stlllly
JliIi~1I MIIIIiItI';"K I'roptIJIII
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-eoeral ,=-merg\>ncy Management
Agency (FEMA) subject 10 the
review and approval of the CitOf
GilrO~ Engineering Building, Li
and nvironmental Safety Division
prior to issuance of a building
. pennit.
16 Future Development shall be Community
required to epply for and obtain a Development
"General Permit for Storm Waler Department
Discharge Associated with
Construction Activity" from the
regional Water Quality Control
Board If the amount of land to be
disturbed is five or more acres
prior to issuance of a building
pennit for each individual future
project.
17 Future development adjacent to or Community
within the vicinity of the Princevalle Development
Storm Drain shall be ::hired to Department
obtain a dislric;l encroac ment
permit from the Santa Clara Valley
Water DislrilOt prior to issuance of a
building permit for the projed.
18 Future development shall obtain a Community
special flood hazard development Development
permit prior 10 construction from Department
the Engineering Division in addition -
to all federal, state and local
permits necessary for future .
development prior to issuance of a
building permit. The development
permit application $hall include the
following: '
a. Proposed elevation in relation 10
mean sea level. or the lowest
floor (including basement) of all
structures;
b. Proposed elevation in relation to
mean sea level to which any
structure will be f1oodproofed;
c. Certification of a registered
professional engineer or
architect that the f1oodproofing
methods for any non-residential
structure meet crit\>ria in Section
5 of the Floodplain Management
Ordinanc\>; and
d. A description of the extent to
which any water course will be
altered or relocated a$ a result
of future development.
19 If the proposed project proposes to Engineering Division
connect or construct mains for the
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10/2~Jtm 15:47 FAX 4089382579
BERLINER & COHEN
~022
FYellillpo" BlUmu. Po.k l"ititd St.dy
M"IIIgIlli".. M"lIUIIri"g p",1f'IUI'
storm crain system In a lIiffilrenT
place than its basin has been
modeled for in the City of Gilroy
Storrn Drainage Master Plan, the
developer shall pay the city's
consultant the required fees to re-
run the modeled system. These .
fees shall be paid prior to issuance
of a building permit.
20 Refer to mitigation measures 13. Community
1!l. De"elopment
DeDartrnent
21 Refer to mitigation measure 8. Community
Development .
Deoartment
22 Refer to mitigation measures 13.19 Community .
Development
DeDartment
Mitigation Monitoring Checklist C
Before issuance of an Occupancy Permi~, the following mitigation m.easures
shall be implemented. '
Mitigation . Mitigation Party Party
Number Responsible for Responsible for
Implementation Monltortng
23 The applicant shall install a traffic Applicant Engineering Divis,ion
signal at the US 101 northbound
ramps and Highway 152. .
24 Install a traffic signal at the Silacci Engineering' Division
Way and Highway 152
intersection. The improvements to
Highway 152, described In the
.following mitigations, will Improve
the level of service to acceptable
levels when the intersection is
signalized. The final lane
geOmetry after mitigation
improvements will be two
easUlound through lanes, one
eastbound right-turn lane, two
wesUlound through lanes, one
westbound I.eft-tum lane, one
northbound left-turn lane, and one
northbound right-turn lane. This
mitigation shall be reviewed and
approved by Caltrans.
25 The applicant proposes 10 Engineering Division
construct this intersection as part
of the project. Caltrans ceak-hour
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BERLINER & COHEN
I4i 023
W..uu.pll B"sillus Psrk ll1m.1 SIllily
M~II MllllllllrilJg Prognurt
VOlumes are nlgn enough to
warrant a traffic signal. ttlerafore,
the intersection shall also be
signalized when It is built. Highway
level of seNice improvements will
require the addition of an
eastbound and westbound ttlrough
lane at this intersection. The final
lane geomelly after mitigations
improvements will be two
eastbound through lanes, one
eastbound righHurn lane, two
westbound ttlrough lanes, one
westbound left-turn lane, two
northbound left-turn lanes, and one
northbound right-turn lane. This
mitigation shall be reviewed and
approved by Callrans.
26 The applicant shall inslall a Engineertng Division
temporary traffic signal atttle Brem
LaneJRenz Lane and Highway 152
intersection. This intersection will
be removed under ttle general plan
bulldoul scenario wittlttle
construction of Camino Arroyo to
Highway 152. This mitigation shall
be reviewed and approved by
Caltrans.
27 The applicant shall extend ttle Engineering Division
existing westbound left-turn pocket
an additional 20 feet and extend
the existing westbound lell-turn .- -
pocket an additional 75 feel. There
is approximately 135 feet between
ttle end of the westbound left-turn
pocket and the railroad crossing,
therefore, the extend.,.:! pocket can
be accommodatecl. The
westbound left-turn pocket
improvement can be made by
restriping ttle existing turn pockel
With implementation of this
ImproverTlent. the storage capa~
for westbound and southbound I
turns would adequately
accommodete the estimated
maximum vehicle queues for those
movements during the peak hours.
This mitigation is subject to review
and approval by the Gilroy
Engineering Division. This
mitigation is subject to review and
approval by the Gilroy Engineering
Division.
28 Tha applicant shall add II second Engineering Division
southbound left-turn lane. This
improvement is superior to Si~IY
extending the existing turn-po et
because It would minimize graen
time on Chestnut Streel allowing
for beller progression for the
coordinated signal system on
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10/29/02 TUB 15: 47 FAX 4089382579
BERLINER & COHEN
WeJJilIgt.." Busi"us Park 1,,;n.I S/Udy
MlI/pIi." M..1IiIMi1l1 p",gnuro
I er1llfSffee'. wllritfle
implementation of this
improvement. the storage capacity
for southbound left turns would
adequately acc:ommodate the
estimated maximum vehicle
queues for this movement during
the peak hours. The final lane
geometl"l for the north approach
aller mitigation improvements wnl
be one share through/righl-lum
lane, one through lane and two left-
turn lanes. The other aggroaches
will remain unchanged m
background conditions. This
mitigation is SUbject to review and
approval by the Gilroy Engineering
Division.
29 The applicant shall add a second Engineering Division
1 OO-foot wes~ound left-tum lane
under project A conditions or add a
second 120-foot wes~ound lell-
turn lane under project Band C
conditions. With the
implementation of this
improvement, the storage capacity
for westbound left turns would
adequately accommodate the
estimated maximum vehicle
queues for this movement during - .
the peak hours. The final lane
geometry for the east approach
after mitigation improvements will
be two through lanes and two left-
tum lanes. The other acproaches
'will remain unchanged om .
background condilions.
30 One lene in each direction should Engineering Division
be added to !he segment of
Highway 152 fronting the project
site. The lanes would be added
over an approximate 5,500-foot
section of Highway 152 and would
begin at the lane drops near Brem
Lane/Renz lane and continue
eastwllrd where they would
transition beck to two lanes before
the Uagas Creek bridae.
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2002-78 is an original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 4th day of November, 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 19th day of November, 2002.
~~ C2h~
City lerk of the City of Gilroy
(Seal)