Resolution 2002-83
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Resolution No. 2002 - 83
RESOLUTION NO. 2002-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TM 02-03, A TENTATIVE MAP TO
SUBDIVIDE AN APPROXIMATELY 9 ACRE SITE INTO 9
INDUSTRIAL LOTS LOCATED AT THE SOUTHEAST
CORNER OF MONTEREY ROAD AND LAS ANIMAS
AVENUE, APNs 835-02-006,007.
WHEREAS, Lloyd Martin, the applicant, submitted TM 02-03, requesting a Tentative
Map to subdivide an approximately 9 acre site into nine (9) industrial lots; and
WHEREAS, the property affected by TM 02-03 is located at the southeast corner of
Monterey Road and Las Animas Avenue, APN s 835-02-006, 007; and
WHEREAS, the Planning Commission reviewed application TM 02-03 at a duly noticed
public hearing on November 7, 2002, and recommended that the City Council approve said
application; and
WHEREAS, the City Council held a duly noticed public hearing on December 2,2002 at
which time the City Council considered the public testimony, the Staff Report dated October 23,
2002, and all other documentation related to application TM 02-03; and
WHEREAS pursuant to the California Environmental Quality Act (CEQA), the City
Council adopted a Negative Declaration dated November 9, 2002, as revised on December 2,
2002, affecting two mitigation measures for cumulative traffic effects, namely, by modifying
mitigation measure 15 and eliminating mitigation measure 16 as de minimus, and modifying
mitigation measure 18 to eliminate a requirement to widen roadways for bicycles as not relevant
to this project, finding that the revised 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 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.
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Rh nda Pellin, City Clerk
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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 of the 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 02-03 should be and hereby is approved, subject to:
1. The thirty-six (36) conditions attached hereto as Exhibit A; and.
2. The mitigation measures set forth in the Negative Declaration as revised
on December 2, 2002, and the MitigationIMonitoring Program which is attached
hereto as Exhibit "B."
PASSED AND ADOPTED this 16th day of December, 2002 by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and
SPRINGER
NONE
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
NONE
APPROVED:
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Resolution No. 2002 - 83
Exhibit A
TM 02-03
CONDITIONS OF APPROVAL
The applicant shall meet the following conditions subject to the review and approval of the Planning
Division (Cydney Casper, 408-846-0440):
1. MITIGATION MEASURES # 1 THROUGH # 18. contained within the Negative
Declaration, 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. Subdivider shall defend, indemnifY, and hold harmless 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
this subdivision. City will promptly noti.fY 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.
3. All street names within the proposed Tentative Map area shall be subject to the City's
established policy for street naming, subject to review and approval by the City's Street
Naming Task Force.
The applicant shall meet the folluwing conditions subject to the review and approval of
the Deputy Fire Marshal (Rodger Maggio 408-846-0430):
4. Any building 3,000 square feet or more in size shall have afire sprinkler system installed.
5. A yard fire hydrant(s) shall be installed so that there is a hydrant within 150 feet of
buildings or combustible storage or hazardous operations. Lots deeper than 150 should
expect at least one, yard hydrant. Hydrant location to be reviewed and approved by Fire
Prevention.
6. All buildings shall have fire engine access within 150' of any portion of the building.
Roads shall be all weather and capable of supporting a 40,000 lb apparatus and provide
an inside turn radius of 39 '. Fire access roads greater than 150 fl shall be provided with
a turnaround using the Gilroy Fire Department template. Fire access shall be rwt be less
than 20 fl in width. Fire access to be reviewed and approved by Fire Prevention.
7. Street Hydrants shall be installed per the City Standard. Hydrants to be provided along
Las Animas at one every 300 fl. There shall be an additional hydrant on the court, on the
opposite side of the streetfrom the one shown. Final number and locations ofhydrants
to be approved by the Fire Marshal.
TM 02-03
Martin
2
Conditions of Approval
The applicant shall meet the following conditions subject to the review and approval of the
Engineering Division (Rick Smelser 408-846-0450):
8. Any buildings crossing newly formed property lines or not meeting the required setbacks
shall be demolished or moved prior to approval of any .final map
9. The proposed cul-de-sac must meet the City of Gilroy Industrial Standard (STR-2) of70
feet.
10. Sidewalks to meet City Standards are required along Las Animas Avenue and the
proposed cul-de-sac street.
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11. A 20-foot storm drainage easement is required from the cul-de-sac to the Santa Clara
Valley Water District Property.
12. A three-foot shoulder on the north side of Las Animas is required as part of the overall
roadway improvements.
13. The developer must obtain an approved permit for outfall from the Santa Clara Valley
Water District. .
14. Show the direction of the channel water flow on the Final Map.
15. The developer must extend a 24-inch water line along Las Animas Avenue from the
existing 24-inch waler line on the east of the property.
16. For any necessary off-site dedications and/or easements 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 paidfor 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
17. 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 o.fGilroy prior to .final map approval.
TM 02-03
Martin
3
Conditions of Approval
18. 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.
19. Prior to any construction of the utilities in the field, 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
20. 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 tuljacent properties.
21. All existing water wells shall be sealed to meet the approval of the City Engineer and the
Santa Clara Valley Water District (SCVWD)
22. The developer shall implement andfollow the Santa Clara Valley Urban Runoff Pollution
Prevention Program's recommended Best Management Practices (EMF) for construction
activities, as contained in the California Storm Water Construction BMP Handbook.
23. The applicant shall 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.
24. The applicant shall provide the Santa Clara Valley Water District a hydraulic model to
verW' that the existing channel hydraulics are not adversely impacted by the construction
of the proposed project.
25. The developer shall provide.fUll street, curb, gutter, sidewalk and electrolier
improvements.
26. 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 the Engineering
Division.
27. All utilities, to, through and on the site shall be constructed underground, in accordance
with Municipal Code Section 21. 120.
TM 02-03
Martin
4
Conditions of Approval
28. 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 pemlitted.
29. 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
improvement Plan submittals for the project. The composite drawings and/or utility
improvement plans shall be designed by a licensed civil engineer.
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30. The developer shall negotiate rights-of-way with Pacific Gas and Electric and other
utilities subject to the review and approval by the Engineering Division and the utility
companies.
31. 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 Sa.fety Division.
32. The developer shall submit improvement plans with the Final Map submittal.
33. The developer shall submit an estimate of the probable cost of off-site improvements with
the Final Map submittal.
34. The developer shall submit fees and bonds and enter into an improvement agreement
prior to Final Map recordation.
35. All roadway improvements along Las Animas Avenue will be extended to tie into existing
improvements to the east.
36. All off-site construction activities shall be limited to the hours of operation between 8:00
am and 5:00 pm. All on-site construction activities shall be limited to the following
hours:
Monday-Friday 7:00am - 7:00pm
Saturdays & Holidays 9:00 am - 7:00 pm
Sundays: No construction activity allowed
Exhibit B
MontereylLas Animas Industrial Subdivision Mitigation Monitoring Program
Introduction
CEQA Guidelines section 15097 requires public agencies to adopt reporting or monitoring
programs when they approve projects subject to an environmental impact report or a negative
declaration that includes mitigation measures to avoid significant adverse environmental effects.
The reporting or monitoring program is to be designed to ensure compliance with conditions of
'l'1~oject approval during project implementation in order to avoid significant adverse
, erlvironmental effects.
';Ibe law was passed in response to historic non-implementation of mitigation measures
presented in environmental documents and subsequently adopted as conditions of project
approval. In addition, monitoring ensures that mitigation measures are implemented and
thereby provides a mechanism to evaluate the effectiveness of the mitigation measures.
A definitive set of project conditions would include enough detailed information and
enforcement procedures to ensure the measure's compliance. This monitoring program is
designed to provide a mechanism to ensure that mitigation measures and subsequent conditions
of project approval are implemented.
Monitoring Program
The basis for this monitoring program is the mitigation measures included in the project
environmental impact report. These mitigation measures are designed to eliminate or reduce
significant adverse environmental effects to less than significant levels. These mitigation
measures become conditions of project approval, which the project proponent is required to
complete during and after implementation of the proposed project.
The attached checklist is proposed for monitoring the implementation of the mitigation
measures. This monitoring checklist contains all appropriate mitigation measures in the
environmental impact report.
Monitoring Program Procedures
The City of Gilroy shall use the attached monitoring checklist for the proposed project. The
monitoring program should be implemented as follows:
1. The Gilroy Community Development Department should be responsible for
coordination of the monitoring program, including the monitoring checklist. The
Community Development Department should be responsible for completing the
monitoring checklist and distributing the checklist to the responsible individuals or
agencies for their use in monitoring the mitigation measures.
2. Each responsible individual or agency will then be responsible for determining whether
the mitigation measures contained in the monitoring checklist have been complied with.
Once all mitigation measures have been complied with, the responsible individual or
agency should submit a copy of the monitoring checklist to the Community
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Mitigation Monftoring Program
Monterey/Las Animas Industrial Subdivision
Development Department to be placed in the project file. If the mitigation measure has
not been complied with, the monitoring checklist should not be returned to the
Community Development Department.
3. The Gilroy Community Development Department will review the checklist to ensure
that appropriate mitigation measures and additional conditions of project approval
included in the monitoring checklist have been complied with at the appropriate time,
e.g. prior to issuance of a use permit, etc. Compliance with mitigation measures is
required for project approvals.
4. If a responsible individual or agency determines that a non-compliance has occurred, a
written notice should be delivered by certified mail to the project proponent within 10
days, with a copy to the Community Development Department, describing the non-
compliance and requiring compliance within a specified period of time. If 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.
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Monterey/Las Animas Industrial Subdivision
Mitigation Monftoring Program
Las Animas Industrial Subdivision Mitigation Monitoring Checklist
Step 1 Prior to approval of the final map, the following mitigation measure shall be
implemented:
Mitigation Measure 7
Prior to the issuance of permits, the project proponent shall submit a Landscape Plan for
review and approval by the City of Gilroy Planning Division, indicating the location,
size and species of existing trees found within the project site boundaries. The plan shall
indicate which trees are planned for removal. Based on review of the Landscape Plan,
the City shall determine which trees, if any, are "significant."
If significant trees are determined to be located on the project site, they shall be retained,
to the greatest extent feasible. The dripline of significant trees to be retained shall be
fenced prior to grading activities to prevent root damage. If retention of all significant
trees on the project site is infeasible, a written report shall be prepared by a certified
arborist including the number and location of each significant tree to be removed, the
type and approximate size of each significant tree, the reason for removal, and
specifications for replacing significant trees to be removed. The written report shall be
prepared prior to the commencement of grading activities, subject to approval by the
City of Gilroy Planning Division.
Prior to the commencement of construction activities, the protected zone (one to 1.5
times the distance from the trunk to the dripline, depending on the tree species) of any
trees or groups of trees to be retained shall be fenced to prevent injury to the trees during
construction. Soil compaction, parking of vehicles or heavy equipment, stockpiling of
construction materials, and/or dumping of materials shall not be allowed within the
protected zone. The fencing shall remain in place until all construction activities are
complete. The trees or groups of trees to be fenced shall be indicated in a written report
prepared subject to approval by the City of Gilroy Planning Division.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Planning Division
Mitigation Measure 16
The project proponent shall prepare an engineering study of the railroad crossing at Las
Animas Avenue and Monterey Road. The engineering study shall study the roadway's
geometrics with respect to large trucks identi/)'ing any limitations (i.e. trucks high-
centering, stop clearance, etc.) and recommend the necessary improvements. The
engineering study shall be subject to the review and approval by the Gilroy Engineering
Division. The recommendations shall be implemented prior to occupancy of any truck
trip-generating uses on the project site.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Engineering Division
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EMC Pianning Group Inc.
Mftigation'MOnftoring Program
Monterey/Las Animas Industrial Subdivision
Mitigation Measure 17
Subject to the review and approval of the Engineering Division, improvement plans shall
include the following improvements, to be implemented concurrent with adjacent street
improvements:
. Provide convenient pedestrian access to the existing bus stop on northbound
Monterey Road north of Las Animas Avenue, including a minimum 8-foot wide
sidewalk adjacent to the bus stop in compliance with the American with
Disabilities Act (ADA);
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Provide wheelchair curb ramps at the intersection of Monterey Road and Las
Animas Avenue in compliance with the ADA requirements;
Install sidewalks along Las Animas Avenue; and
Install bicycle facilities at the project site.
Party responsible fOr implementation:
Applicant
Party responsible for moniton'ng:
Gilroy Engineen'ng Division
EMC Planning Group Inc.
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Monterey/Las Animas Industrial Subdivision
Mitigation Monftoring Program
Step 2 Prior to approval and issuance of a grading permit and! or a building pemrit, the
following mitigation measures shall be implemented:
Mitigation Measure 1
The project proponent shall specifY in project plans the implementation of the following
dust control measures during grading and construction activities for the proposed project.
The measures shall be implemented as necessary to adequately control dust, subject to
the review and approval by the City of Gilroy Planning Division:
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The following measures shall be implemented at all construction sites:
Water all active construction areas at least twice daily;
. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to
maintain at least two feet of freeboard;
. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all
unpaved access roads, parking areas and staging areas at construction sites;
Sweep daily (with water sweepers) all paved access roads, parking areas and
staging areas at construction sites;
Sweep streets daily (with water sweepers) if visible soil material is carried onto
adjacent public streets.
The following measures should be implemented at construction sites greater than four
acres in area;
. All those measure listed above;
Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas
(previously graded areas inactive for ten days or more);
. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed
stockpiles (dirt, sand, etc.);
Limit traffic speeds on unpaved roads to 15 mph;
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Install sandbags or other erosion control measures to prevent silt fUnoffto public
roadways; and
Replant vegetation in disturbed areas as quickly as possible.
The following measures shall be implemented at construction sites that are large in area,
located near sensitive receptors or which for any other reason may warrant additional
emissions reductions:
Install wheel washers for all existing trucks, or wash off the tires or tracks of all
trucks and equipment leaving the site;
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Mftigation Monitoring Program
Monterey/Las Animas Industrial Subdivision
. Install windbreaks, or plant trees/vegetative wind breaks at windward side(s) of
construction areas;
. Suspend excavation and grading activity when winds (instantaneous gusts) exceed
25 miles per hour;
. Limit the area subject to excavation, grading and other construction activity at any
one time.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Planning Division
Mitigation Measure 2
The following measures shall be incorporated into all future project plans on/along the
project site:
The idling time of all construction equipment shall not exceed five minutes;
Limit the hours of operation of heavy duty equipment and/or the amount of
equipment in use;
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All equipment shall be properly tuned and maintained in accordance with the
manufacturer's specifications;
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When feasible, alternative fueled or electrical construction equipment shall be used
at the project site;
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Use the minimum practical engine size for construction equipment;
Gasoline-powered equipment shall be equipped with catalytic converters, where
feasible.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Planning Division
EMC Planning Group inc.
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Monterey/Las Animas industrial Subdivision
Mitigation Monitoring Program
Mitigation Measure 3
The following measures shall be incorporated into all future project plans on! along the
project site:
provide wide sidewalks and onsite pedestrian facilities;
provide street lighting;
. provide shade trees to shade sidewalks;
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do not allow long uninterrupted walls along pedestrian walkways;
provide bike lanes!paths connecting to bike system; and
. provide secure bicycle parking.
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Party responsible for implementation:
Applicant
Party responsible for moniton'ng:
Gilroy Planning Division
Mitigation Measure 5
Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior
to commencement of grading or construction activities on the project site, field surveys
shall be conducted by a qualified biologist to determine if burrowing owls are present in
the construction zone or within 200 feet of the construction zone. Areas within 200 feet
of the construction zone that are not within the control of the applicant shall be visually
assessed from the project site. These surveys shall be required only if any construction
would occur during the nesting and!or breeding season of burrowing owls (February 1
through August 31) and! or during the winter residency period (December I through
January 31). If active nests are found in the survey area, a burrowing owl habitat
mitigation plan shall be submitted to the California Department ofFish and Game for
review and approval. The burrowing owl habitat mitigation plan shall contain mitigation
measures contained in the California Department ofFish and Game Staff Report on
Burrowing Owl Mitigation (California Department ofFish and Game 1995).
Compliance with this mitigation measure may include, but not be limited to, the
following:
A voidance of occupied burrows during the nesting season (February I through
August 31);
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Acquisition, protection and funding for long-term management and monitoring of
foraging habitat adjacent to occupied habitat;
Enhancement of existing burrows and! or creation of new burrows;
Passive relocation of burrowing owls.
Party responsible for implementation:
Applicant
Party responsible for moniton'ng:
Gilroy Planning Division
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Mitigation Monftoring Program
Monterey/Las Animas industrial Subdivision
Mitigation Measure 6
Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior
to commencement of grading or construction activities occurring within 200 feet of trees
located on and adjacent to the project site, a tree survey shall be conducted by a qualified
biologist to determine if active nest(s) of protected birds are present in the trees. Areas
within 200 feet of the construction zone that are not within the control of the applicant
shall be visually assessed from the project site. This survey shall be required only if any
construction would occur during the nesting and/or breeding season of protected bird
species potentially nesting in the tree (generally March 1 through August 1). Ifactive
nest(s) are found, clearing and construction within 200 feet of the tree shall be postponed
or halted until the nest(s) are vacated and juveniles have fledged and there is no evidence
of a second attempt at nesting, at the discretion of the biologist. If construction activities
are not scheduled between March I and August I, no further surveys of the tree shall be
required.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Planning Division
Mitigation Measure 8
Due to the possibility that significant buried cultural resources might be found during
construction, the following language shall be included on any permits issued for the
project site, including, but not limited to building permits for future development, subject
to the review and approval of the Gilroy Planning Division:
If archaeological resources or human remains are discovered during construction, work
shall be halted within 50 meters (l65 feet) of the find until a qua1ified professional
archaeologist can evaluate it. If the find is determined to be significant, appropriate
mitigation measures shall be formulated and implemented (General Plan Policy 5.07).
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Planning Division
Mitigation Measure 9
In the event of an accidental discovery or recognition of any human remains in any
location other than a dedicated cemetery, the City shall ensure that this language is
included in all permits in accordance with CEQA Guidelines section 15064.5(e):
If human remains are found during construction there shall be no further excavation or
disturbance of the site or any nearby area reasonably suspected to overlie adjacent
human remains until the coroner of Santa Clara County is contacted to determine that
no investigation of the cause of death is required. If the coroner determines the remains
to be Native American the coroner shall contact the Native American Heritage
Commission within 24 hours. The Native American Heritage Commission shall identify
the person or persons it believes to be the most likely descendent (MLD) from the
deceased Native American. The MLD may then make recommendations to the
landowner or the person responsible for the excavation work, for means of treating or
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Monterey/Las Animas industrial Subdivision
Mitigation Monftoring Program
disposing of, with appropriate dignity, the human remains and associated grave goods as
provided in Public Resources Code Section 5097.98. The landowner or his authorized
representative shall rebury the Native American human remains and associated grave
goods with appropriate dignity on the property in a location not subject to further
disturbance if: a) the Native American Heritage Commission is unable to identilY a
MLD or the MLD failed to make a recommendation within 24 hours after being notified
by the commission; b) the descendent identified fails to make a recommendation; or c)
the landowner or his authorized representative rejects the recommendation of the
descendent, and the mediation by the Native American Heritage Commission fails to
provide measures acceptable to the landowner.
Party responsible fOr implementation:
Applicant
Party responsible for nwnitoring:
Gilroy Planning Division
Mitigation Measure 10
The project applicant for any proposed development, shall, for each phase of
development, submit a Notice ofIntent (NOI), detailed engineering designs, and a storm
water pollution prevention program to the Central Coast RWQCB. The project applicant
shall obtain a National Pollution Discharge Elimination System (NPDES) General
Construction permit from the RWQCB prior to any grading or construction activities.
This permit shall require implementation of an approved SWPPP that uses storm water
"Best Management Practices" to control runoff, erosion and sedimentation from the site.
The Storm Water Pollution Prevention Program is subject to review and approval by the
Central Coast Regional Water Quality Control Board and the Gilroy Engineering
Division.
Party responsible fOr implementation:
Applicant
Party responsible fOr monitoring:
Control Board.
Gilroy Engineering Division, Regional Water Quality
Mitigation Measure 12
Prior to any grading or construction activities within 50 feet (or within the distance
specified by the Santa Clara Valley Water District at the commencement of construction
activities) of the West Branch Llagas Creek, the applicant shall obtain a permit from the
Santa Clara Valley Water District. The permit is also subject to the review and approval
by the Gilroy Engineering Division.
Party responsible for implementation:
Applialnt
Party responsible for monitoring:
Gilroy Engineering Division, Santa Clara Valley
Water District
Mftigation'Monftoring Program
Monterey/Las Animas Industrial Subdivision
Mitigation Measure 13
a.
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d.
As part of normal City review and approval procedures for the proposed project, the
following measures shall be incorporated to mitigate construction noise:
Limit construction activity to weekdays between 7 AM and 7 PM and Saturdays
and holidays between 9 AM and 7 PM, with no construction on Sundays;
Require that all internal combustion engine-driven equipment are equipped with
mufflers that are in good condition and appropriate for the equipment;
Locate stationary noise-generating equipment as far as possible from sensitive
receptors when sensitive receptors adjoin or are near a construction project area;
and
Construct sound walls or other noise reduction measures prior to developing the
project site.
Party responsible for implementation:
Appliamt
Party responsible for monitoring:
Gilroy Planning Division
Step 3 Prior to approval and issuance of a occupancy permit, the following mitigation measures
shall be implemented:
Mitigation Measure 4
The project proponent of any future development on the project site, which has the
potential to release toxic air contaminants or produce odors, shall obtain permits from
the BAAQMD. During the permitting process the BAAQMD will determine the level of
significance from the release of toxic air contaminants or odor production on the project
site. Based on the level of significance, the BAAQMD and the City of Gilroy will
identifY buffer zones and any other mitigation measures deemed necessary.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Planning Division, Bay Area Air Quality
Management District
Mitigation Measure 11
10
Project plans for any development proposed for the project site shall include a
sedimentation basin adequate for filtering out heavy storm water contaminants such as
silt, and grease traps suitable for filtering out other urban pollutants to the extent feasible.
Additional measures as presented in "Start at the Source, Design Guidance Manual for
Storm Water Quality Protection," prepared by the Bay Area Storm Water Management
Agencies Association and "Parking Lot Best Management Practices Manual," prepared
by the Santa Oara Valley Urban Run-off Pollution Prevention Program may be required
for specific projects. Physical water quality safeguards shall be installed prior to
occupancy of the proposed development, and the best management practices plan must
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Monterey/Las Animas Industrial Subdivision
Mitigation Monitoring Program
be implemented upon occupancy. The plan shall be subject to the review and approval of
the City of Gilroy Planning Division and the Santa Oara Valley Water District.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Planning Division, Santa Clara Valley Water
District
Mitigation Measure 14
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Prior to issuance of an occupancy permit, the project proponent shall install traffic
signals at the intersection of Monterey Road/Las Animas Avenue to provide acceptable
operations, subject to review and approval by the Gilroy Engineering Division.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Engineering Division
Mitigation Measure 15
The cumulative impacts of this project require modif'ying the north leg of the Murray
A venue/Leavesley Road intersection to provide two separate left-turn lanes, one shared
left-through lane, and one right turn lane. This improvement will require separate phases
(split phase) for northbound and southbound traffic, These improvements are also
required at General Plan Build-out. The improvements to this intersection will be
included in the City's Master Plan update of the circulation element of the General Plan.
The City of Gilroy shall monitor traffic impacts, as necessary, through its yearly
monitoring program. These improvements shall be installed when the future projections
indicate the mitigation will be required within the next year, subject to review and
approval by the Gilroy Engineering Division.
Party responsible fOr implementation:
Applicant
Party responsible for monitoring:
Gilroy Engineering Division
Party responsible for monitoring:
Gilroy Engineering Division
EMC Planning Group Inc.
11
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached
Resolution No. 2002-83 is an original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 16th day of December, 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 7th day of February, 2003.
U~/--
City lerk ofthe City of Gilroy
(Seal)