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Resolution 2003-24 RESOLUTION NO. 2003-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A1S 02-35, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) ON APPROXIMATELY 12.56 ACRES, APN 841-18-043. WHEREAS, Newman Development Group, the applicant, submitted A1S 02-35, an application for architectural and site approval of a Planned Unit Development ("PUD") for the Pacheco Pass Center on approximately 12.56 acres located north and south of Renz Lane, West of Camino Arroyo, APN 841-18- 043; and WHEREAS, the applicant is also requesting approval of design guidelines as described in the Pacheco Pass Center Phase One Design Guidelines; and WHEREAS, the signage program for the Pacheco Pass Center was previously approved III conjunction with PUD architectural and site review application A1S 02-08; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council adopted a mitigated Negative Declaration on October 15, 2001, in connection with Tentative Map application TM 01-02, which includes this project; and WHEREAS, the Planning Commission held a duly noticed public meeting on March 13, 2003, at which time the Planning Commission considered any public testimony, the Staff Report dated March 6, 2003 ("Staff Report"), and all other documentation related to application A1S 02-35 and recommended that the City Council approve said application with conditions; and WHEREAS, the City Council held a duly noticed public meeting on March 17,2003, at which time the City Council considered any public testimony, the Staff Report, and all other documentation related to application A1S 02-35; and WHEREAS, the location and custodian of the documents or other materials which constitute the \GB0\583999.1 032503-04706002 -1- Resolution No. 2003-24 record of proceedings upon which this project approval is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council hereby adopts the findings as required by Zoning Ordinance section 50.55 based upon substantial evidence in the record as follows: 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 because it will make a "power shopping center" available to south Santa Clara County and northern San Benito County. 3. The project does not require urban services beyond those which are available at the project site. 4. The project plan is harmonious and integrated, and it integrates the disparate architectural styles used in the Costco and Lowe's buildings to create cohesiveness throughout the shopping center. 5. The project continues the pattern of development along Camino Arroyo and Highway 152, which is 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 proposed building design will harmonize with the existing buildings in this shopping center. 8. All impacts from traffic congestion, noise or other adverse effect will be mitigated to the extent feasible. 9. The project provides adequate access, parking, landscaping, trash areas and storage, \GB0\5B3999.1 032503-04706002 -2- Resolution No. 2003-24 as necessary. B. The City Council also finds there is no substantial evidence in the record that this project, as mitigated, will have a significant impact on the environment. C. A/S 02-35 should be and hereby is approved subject to: 1. The mitigation/monitoring program and the twenty-five (25) mitigation measures set forth in the Negative Declaration, attached hereto as Exhibit A and incorporated herein by this reference. 2. The thirty-one (31) final conditions of approval, attached hereto as Exhibit Band incorporated herein by this reference. D. All development shall be in accordance with the Pacheco Pass Center Phase One Design Guidelines prepared by SOMAM, Inc., approved herewith, a copy of which is on file with the City. PASSED AND ADOPTED this 7th day of April, 2003, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: ABSENT: COUCILMEMBERS: COUNCILMEMBERS: NONE NONE ATTES : U{' . ' I ! _ . ~~ . - - .-;?_~ ~. /}'L,fl",. ~ .<---L~A..A. Rhohda Pellin, City Clerk APPROVED: ~~~ Thomas W. Springer, Ma \GB0\583999.1 032503-04706002 -3- Resolution No. 2003-24 Community Development Department Planning Division NEGA TIVE DECLARA TION City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 (408) 846-0440 City File Number: TM 01-02 Proiect Description: Name of Project: Nature of Project: Gilroy Retail Center Tentative Map to create 18 commercial parcels on a 97-acre site. Proiect Location: Location: Property is located North of Highway 152 and east of Highway 101 and Renz Lane, and is bounded on the north side by the Ronan Channel. Assessor's Parcel Numbers: 841-18-043, 841-18-044, 841-10-049 Entitv or Person(s) UndertakiD!! Proiect: Name: Address: Newman Development Group, LLC 2255 Van Ness A venue, Suite 102, San Francisco, CA 94109 Initial Study: An Initial study of this project was undertaken and prepared for the purpose of ascertaining whether this project might have a significant effect on the environment. A copy of this study is on file at the City of Gilroy Planning Department, 7351 Rosanna Street, Gilroy, CA 95020. Exhibit A Newman Development Group Negative Declaration 2 10/15/200 I Findine: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 land use of this area. 2. Identified adverse impacts are proposed to be mitigated through preparation of special studies and construction of off-site improvements. 3. The proposed project is consistent with the adopted goals and policies of the General Plan of the City of Gilroy. 4. City staff independently reviewed the Initial Study, and this Negative Declaration reflects the independent judgement of the City of Gilroy. Mitie:ation Measures: I. Conceptual and final project siting, architectural, and landscaping plans for each structure on the project site shall be subject to review through the city Planned Unit Development architectural and site review process and approved by the Gilroy City Council prior to the issuance of a building permit for the proposed project. 2. The landscape plan for the proposed project shall conform to the Zoning Ordinance and Consolidated Landscaping Policy of the City of Gilroy and shall be reviewed and approved by the Gilroy Planning Division prior to the issuance of a building permit. Specific requirements contained in this policy that are pertinent to the proposed project include the following: a. Landscaping shall be provided within development areas most visible from adjacent streets. b. A minimum 15-foot wide planter area in addition to the public right-of-way shall be provided along each street frontage. c. At least eight percent ofthe gross land area, in addition to the public right-of-way, shall be landscaped. This may include the minimum 15-foot wide planter required in "b" above. d. All portions of the site more than 40 square feet in area and not specifically used for parking, driveways, walkways or similar access shall be landscaped. Actual landscaping plans will be subject to the review and approval of the Planning Division. Exhibit A Newman Development Group Negative Declaration 3 10/15/2001 3. The following dust control measures shall be incorporated into all permits for any phase of proposed construction on the project site. The measures shall be implemented as necessary to adequately control dust subject to the review and approval ofthe Gilroy Planning Division. The/ollowing 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/ollowing additional measures shall be implemented at construction sites greater than/our acres in area: · Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); · Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.); · Limit traffic speeds on unpaved roads to 15 mph; · Install sandbags or other erosion control measures to prevent silt runoff to public roadways; · Replant vegetation in disturbed areas as quickly as possible. Subject to determination by the Gilroy Planning Division the/ollowing measures may be implemented at construction sites that are very large or are located near sensitive receptors: · Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; · Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; · Limit the area subject to excavation, grading and other construction activity at anyone time. 4. Subject to the review and approval of the Gilroy Engineering Division, prior to demolition of any structure on the project site, the applicant shall contract with a qualified asbestos testing or abatement professional to determine if asbestos is present in the structure. If asbestos is determined to be present, the applicant shall obtain any necessary permits from the Bay Area Air Quality Management District and remove the asbestos-containing materials in accordance with Bay Area Air Quality Management District Regulation 11, Rule 2: Hazardous Materials; Asbestos Demolition, Renovation and Manufacturing. Exhibit A Newman Development Group Negative Declaration 4 10/15/2001 5. Subject to the review and approval of the Gilroy Planning Division, an emission reduction program shall be prepared pursuant to the Rincon Plaza Annexation and General Plan Amendment EJR and may include at a minimum but not be limited to the following elements: . Provision of secure bicycle storage (parking) facilities for both customers and employees. Bicycle storage shall be provided at each building; · A sidewalk shall be provided between bus stops and major uses; · Sidewalks shall be provided between the anchor retail stores and each adjacent use; · A sidewalk shall be provided between the motel and adjacent uses; · Pedestrian access shall be provided between the sidewalks along Camino Arroyo and Renz Lane and the adjacent uses; and · If necessary, provide adequate right-of-way for the Class I bicycle path along Ronan Channel. 6. The project applicant shall prepare a grading plan, for both phases, that shall include, but not be limited to, specifications requiring that no materials or machinery will be allowed in the bed or banks of the Ronan Channel. This would include any grading and/or fill material or grading and/or construction vehicles, etc. The plan shall be subject to review and approval by the Gilroy Engineering Division and Santa Clara Valley Water District, prior to approval of the final map. Monitoring shall take place during grading and construction activities and shall be performed by the Gilroy Engineering Division and/or Santa Clara Valley Water District. Phasing of the grading plans will be allowed to the extent approved by the Gilroy Engineering Division. 7. Due to the possibility that significant buried cultural resources might be found during construction the following language shall be included in any permits issued for the project site, including, but not limited to building permits for future development, subject to the review and approval of the Gilroy Planning Division: If archaeological resources or human remains are discovered during construction, work shall be halted at a minimum of 200 feet from the find and the area shall be staked off. The project developer shall notify a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. 8. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 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 Exhibit A Newman Development Group Negative Declaration 5 10/15/2001 Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. 9. Construction on the project site shall comply with the latest adopted Uniform Building Code structural earthquake regulations. The final construction plans for any structure shall be subject to the review and approval of the Building Division prior to issuance of a building permit to ensure compliance with these regulations. 10. As an implementation step for any specific construction project, a soils foundation analysis shall be completed by a qualified soils engineer as required by section III policy 16 ofthe Gilroy General Plan and shall be incorporated as a condition of approval. The scope of this report shall be determined by the Gilroy Engineering Division, and shall include analysis of liquefaction potential at the location of each proposed structure. Recommendations from this report shall be incorporated into the grading plans for the proposed project and shall be subject to the review and approval of the Gilroy Engineering Division prior to issuance of a building permit. 11. Construction of the proposed project should be undertaken during the dry season (April 15- October 15). If construction of the proposed project is undertaken during the wet season (October IS-April 15) or any portion thereof, the project proponent shall incorporate the use of straw bales at discharge areas and in swales as well as the use of seeding and hydromulching where appropriate. The erosion control plan measures shall be subject to review and approval by the Gilroy Engineering Division prior to the issuance of a building permit. 12. Subject to the review and approval of the Central Coast Regional Water Quality Control Board and the Gilroy Engineering Division, prior to any demolition, grading, or construction activities on the project site, the applicant shall prepare a storm water pollution prevention program under the National Pollution Discharge Elimination System General Construction Permit. 13. Subject to the review and approval of the Gilroy Engineering Division, prior to any demolition, grading or construction activities within 50 feet of Ronan Channel, the applicant shall obtain a permit from the Santa Clara Valley Water District. Exhibit A Newman Development Group Negative Declaration 6 10/15/200 I 14. Subject to the review of the Gilroy Engineering Division, prior to PUD Architectural and Site Review approval, the project applicant shall consult with the Santa Clara Valley Water District in the design of project parking lots to incorporate feasible measures for storm water quality protection into project designs. The proposed project shall at a minimum include oil and grease separators or other effective filtering systems as part of the drainage system to reduce the quantity ofwater-bome pollutants leaving the project site and draining into Ronan Channel. These filtering systems shall meet the standards of, and shall be subject to the review and approval of the Santa Clara Valley Water District and the Central Coast Regional Water Quality Control Board. 15. Subject to the review and approval ofthe Gilroy Engineering Division, project plans shall include designs to prevent spills or leaks at the industrial uses from flowing on the surface of the ground or migrating underground into Ronan Channel. The project applicant shall consult with the Santa Clara Valley Water District in the design of industrial buildings and yard areas to determine feasible measures to incorporate into project designs. 16. The Final Map shall provide for the under-grounding of power distribution lines located within the area ofthat project. In addition, the transmission lines running eastward through the center of the project site will have to be relocated by the project proponent or the project design will have to incorporate the following standards: · No buildings or structures are allowed within the pole--tower line rights-of-way; · Trees within the rights-of-way are discouraged; any plans which include trees in these areas must be reviewed and approved by the owner of the utility; · No excavations may be made within 20-feet of a transmission pole; · Minimum clearances from high voltage lines must be maintained as described in the PG&E manual High Voltage Electrical Safety Orders; · During construction activities, dust control measures must be implemented to avoid contamination of the insulators; · Unrestricted access to the lines by utility crews must be maintained at all times for emergency and normal maintenance operations; · All aboveground power lines on the project site should be marked as appropriate with colored balls or other materials to enhance their visibility to low flying pilots. 17. Subject to the review and approval of the Gilroy Planning Division, and prior to approval of any building permits for this site, the site plan shall include a buffer between the project and the existing residences located along Renz Lane, extending from Renz Lane northward for a minimum of 400 feet. Subject to the review and approval of the Gilroy Planning Division, prior to approval of the final map, a noise study shall be prepared in conjunction with the site plan for the portion ofthe proposed project located west of Camino Arroyo. The noise study shall include recommendations for the size and type of any sound walls or berms that would be Exhibit A Newman Development Group Negative Declaration 7 10/15/2001 necessary to reduce ambient noise levels on the project site to within City standards. The noise study shall mitigate the incremental difference between the existing noise levels and the project- generated noise. This buffer shall be located outside the sewer and electrical line rights-of-way or easement. Alternatively, at the applicant's expense and subject to review and approval of the Planning Division, alternative, equivalent sound attenuation measures may be used, as determined by a noise analysis. 18. Subject to the review and approval of the Gilroy Planning Division, a lighting plan shall be prepared in conjunction with the site plan for the proposed project prior to approval of the final map. No unobstructed beam of exterior lighting shall be directed outward from the site toward any residential use or public right-of-way. 19. The following language shall be included on any permits issued at the project site, subject to the review and approval ofthe Gilroy Engineering and Building Divisions: "All construction activities on Sundays shall be limited to the hours of 7:00 AM to 4:00 PM." 20. Plans for any future specific construction project shall include a fire safety plan. This plan shall indicate and describe all fire safety improvements which will be included in the project including fire hydrant locations, sprinkler and alarm systems, emergency vehicle access provisions, evacuation plans (if necessary), and demonstration of adequate water pressure for fire-fighting purposes. This plan shall be approved by the Gilroy Fire Department prior to the approval of a site plan for any phase of the project. 21. Subject to the review and approval of the Gilroy Engineering Division, if the State Highway 152 Safety Improvement Project is not completed prior to occupancy of Phase I of the Gilroy Retail Center, the applicant shall construct the following off-site roadway improvements: · either a southbound off-ramp loop from State Highway 101 to Tenth Street and a dual westbound left-turn lane, or a southbound on-ramp loop from westbound State Highway 152 to U.S. Highway 101, conforming to Caltrans design standards. The Santa Clara Valley Transportation Authority, subject to the review and approval of Caltrans, shall determine the appropriate improvement to be funded and/or built; and · modify the State Highway 152/Brem Lane intersection to a right-in right-out only alignment. 22a. Subject to the review and approval of the Gilroy Engineering Division, the applicant shall include the following on-site and adjacent road improvements on the Final Map. The improvements shall be constructed prior to occupancy of Phase I or as warranted: · Construct a new signalized intersection at State Highway 152 and Camino Arroyo prior to occupancy of Phase I; · Construct a new signalized intersection at Camino Arroyo and Renz Lane; · Realign Renz Lane to intersect with Camino Arroyo; Exhibit A Newman Development Group Negative Declaration 8 10/15/2001 · Synchronize signalization of the intersections of Camino Arroyo/State Highway 152 and Camino Arroyo/Renz Lane; · Expand the eastbound Renz Lane approach to four circulation lanes, with adequate width for a fifth lane for eastbound approach to Camino Arroyo; · Modify the Brem Lane/State Highway 152 intersection to a right-in, right-out only; · Equip signal lights at the Renz Lane/Camino Arroyo and State Highway 1 52/Camino Arroyo intersections for preemption by the California Highway Patrol, Gilroy Police Department and Gilroy Fire Department; · Provide Class II bike lanes along Camino Arroyo; · If necessary, provide adequate right-of-way for the Class I bicycle path along Ronan Channel; · Consult with VT A to determine the location of and to provide the right-of-way for bus stop turnouts; and · Determine necessary bridge elevation for the Camino Arroyo bridge over Ronan Channel, accounting for future trail needs, and provide adequate right-of-way to accommodate the bridge abutments. 22b. Subject to the review and approval of the Gilroy Engineering Division, the applicant shall include the following on-site and adjacent road improvements on the site plan. The improvements shall be constructed prior to occupancy of Phase I: · Realign the driveway from Renz Lane near the southeast comer of Parcel 1 to lead directly into a circulation alley; · Provide circulation alleys to minimize traffic in front of the stores, and; · Provide bicycle racks at each parcel. 23a. Subject to the review and approval of the Gilroy Engineering Division, the applicant shall include the following on-site and adjacent road improvements on the Final Map. If the State Highway 152 Safety Improvement Project is not completed prior to occupancy of Phase II of the Gilroy Retail Center the applicant shall construct, the following off-site roadway improvements: · Construct a second southbound left turn lane at the intersection of Camino Arroyo and State Highway 152; · If necessary, provide adequate right-of-way for the Class I bicycle path along Ronan Channel; · Consult with VT A to determine the location of and to provide the right-of-way for bus stop turnouts; Exhibit A Newman Development Group Negative Declaration 9 10/15/2001 · Construct a traffic signal at the Camino Arroyo/Project driveway intersection; and · Construct the fourth leg, including the signal modification, of the Camino Arroyo/Renz Lane intersection. 23b. Subject to the review and approval of the Gilroy Engineering Division, the applicant shall include the following on-site and adjacent road improvements on the tentative map. The improvements shall be constructed prior to occupancy of Phase 2: · Construct a signalized project driveway providing access to Parcels 2, 12 and 13, with the signal light synchronized with the other Camino Arroyo signals; · Provide a right in only driveway from Camino Arroyo to Parcel 16 and direct access from Parcel 16 to ParcellS; · Signalize the driveway to Parcels 13 and 16. The signal should be synchronized with the Renz Lane signals; · Realign the driveway to Parcel 17 so that the intersection of Renz Lane and the driveway is at a 90-degree angle, or provide access from the Parcel 13/14 driveway; · Provide right-in right-out driveways from Camino Arroyo to Parcels 12 and 13 to relieve left turn movements at Renz Lane and to reduce circulation on the storefront aisle; · Provide circulation alleys to minimize traffic in front of the stores; and · Provide bicycle racks at each parcel. Subject to the review and approval of the Engineering Division, the above-stated mitigation measures may be modified to address alterations in the final site design. 24. The applicant shall provide the following roadway improvements at the intersection of Camino Arroyo and State Highway 152. If the City of Gilroy adopted level of service for the intersection is LOS D, either of the following two improvements shall be made: · modification of the southbound approach to two left-turn lanes, one through and one free right turn lane. This improvement would also necessitate the addition of a westbound auxiliary lane on State Highway 152 from Camino Arroyo to the U.S. Highway 101 northbound on ramp; or · addition of a second SB right turn lane with widening for the second right turn lane on the western side of Camino Arroyo between Pacheco Pass Highway and Renz Lane. If the City of Gilroy adopted level of service for the intersection is LOS C, both of the following improvements shall be made: Exhibit A Newman Development Group Negative Declaration 10 10/15/2001 · modification of the southbound approach to two left-turn lanes, one through and one free right turn lane. This improvement would also necessitate the addition of a westbound auxiliary lane on State Highway 152 from Camino Arroyo to the U.S. Highway 101 northbound on ramp; and · construction of northbound triple left turn lanes on State Highway 152 and the construction of a third northbound lane on Camino Arroyo, between State Highway 152 and Renz Lane. 25. As an implementation step for any specific construction project, the applicant shall prepare and submit a solid waste disposal plan. This plan shall provide an analysis of the anticipated amount of solid waste that will be generated by the project and indicate the manner in which it will be disposed. In addition, the plan, at a minimum, shall include the following: · Identification of recyclable materials storage areas for each use in the design of the proposed project; · Inclusion of a common recycling area focused on the commercial and industrial uses in the proposed project; · Provision of information to businesses about the recycling services on the project site and in the area; · Identification of the manner in which insulation and other products made of recycled materials will be incorporated into building structures; and · Identification of the manner in which materials in existing buildings planned for demolition will be recycled or disposed of. This plan shall be reviewed and approved by the Environmental Resources Coordinator and Planning Division prior to the issuance of each building permit for the proposed project. Date Prepared: August 24, 2001 End of Review Period: September 26, 2001 Date Adopted by City Council: October 15, 2001 William Faus Planning Division Manager Exhibit A I' I I I I I I I I I I I I I I I I I I Mitigation Monitoring Program for Gilroy Highway 152 Retail Center 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 project approval during project implementation in order to avoid significant adverse environmental effects. The 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. Gilroy Highway 152 Retail Center Mitigation Monitoring Program 1 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 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 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. Gilroy Highway 152 Retail Center Mitigation Monitoring Program 2 " I Prior to approval of building permits the following mitigation measures shall be implemented: I Mitigation Nature of Mitigation Measure Party Party Measure Responsible for Responsible Number Implementation for Monitoring Conceptual and final project siting, architectural, and landscaping Applicant Gilroy plans for each structure on the project site shall be subject to Planning review through the city Planned Unit Deve]opment architectural Division and site review process and approved by the Gilroy City Council prior to the issuance of a building penn it for the proposed project. 2 The landscape plan for the proposed project shall confonn to the Applicant Gilroy Zoning Ordinance and Consolidated Landscaping Policy of the Planning City of Gilroy and shall be reviewed and approved by the Gilroy Division Planning Division prior to the issuance of a building pennit. Specific requirements contained in this policy that are pertinent to the proposed project include the following: a. Landscaping shall be provided within development areas most visible from adjacent streets. b. A minimum ]5-foot wide planter area in addition to the public right-of-way shall be provided along each street frontage. c. At least eight percent of the gross land area, in addition to the public right-of-way, shall be landscaped. This may include the minimum ]5-foot wide planter required in "b" above. d. All portions of the site more than 40 square feet in area and not specifically used for parking, driveways, walkways or similar access shall be landscaped. Actual Landscaping plans will be subject to the review and approval of the Planning Division. 9 Construction on the project site shaH comply with the latest Applicant Gilroy adopted Unifonn Building Code structural earthquake Building, Life regulations. The final construction plans for any structure shall and be subject to the review and approval of the Bui]ding Division Environmental prior to issuance of a building pennit to ensure compliance with Safety these regulations. Division 10 As an implementation step for any specific construction project, Applicant Gi]roy a soils foundation analysis shall be completed by a qualified Engineering soils engineer as required by section III policy 16 of the Gilroy Division General Plan and shaH be incorporated as a condition of I I I I I I I I I I I I I I I I Gilroy Highway 152 Retail Center Mitigation Monitoring Checklist 1 approval. The scope of this report shall be detennined by the Gilroy Engineering Division, and shall include analysis of liquefaction potential at the location of each proposed structure. Recommendations from this report shall be incorporated into the grading plans for the proposed project and shall be subject to the review and approval of the Gilroy Engineering Division prior to issuance of a building penn it. II Construction of the proposed project should be undertaken during the dry season (April IS-October 15). If construction of the proposed project is undertaken during the wet season (October IS-April 15) or any portion thereof, the project proponent shall incorporate the use of straw bales at discharge areas and in swales as well as the use of seeding and hydromuIching where appropriate. The erosion control plan measures shall be subject to review and approval by the Gilroy Engineering Division prior to the issuance of a building penn it. Applicant Applicant Applicant ! Gilroy Engineering Division I 19 The following language shall be included on any penn its issued at the project site, subject to the review and approval of the Gilroy Engineering and Building Divisions: "All construction activities shall be limited to weekdays between 7:00 AM and 7:00 PM, and to Saturdays and City holidays between 9:00 AM and 7:00 PM. No construction is allowed on Sundays." Alternative construction hours may be allowed if specifically approved by the City Council. J J Gilroy Engineering and Building Divisions Gilroy Planning Division 25 As an implementation step for any specific construction project, the applicant shall prepare and submit a solid waste disposal plan. This plan shall provide an analysis of the anticipated amount of solid waste that will be generated by the project and indicate the manner in which it will be disposed. In addition, the plan, at a minimum, shall include the following: Identification of recyclable materials storage areas for each use in the design of the proposed project; Inclusion of an area on the project site for a recycling center focused on the commercial and industrial uses in the proposed project; Provision of infonnation to businesses about the recycling services on the project site and in the area; Identification of the manner in which insulation and other products made of recycled materials will be incorporated into building structures; Identification of the manner in which materials in existing buildings planned for demolition will be recycled or disposed of. This plan shall be reviewed and approved by the Environmental Resources Coordinator and Planning Division prior to the issuance of each building penn it for the proposed project. Gilroy Highway 152 Retail Center Mitigation Monitoring Checklist 2 I I I Prior to approval of demolition or grading permits, or demolition or grading activity, the following mitigation measures shall be implemented: I Mitigation Measure Number I " .) I I I I I I I I I I I I I Nature of Mitigation Measure The following dust control measures shall be incorporated into all permits for any phase of proposed construction on the project site. The measures shall be implemented as necessary to adequately control dust subject to the review and approval of the Gilroy Planning Division. The folloWing measures shall be implemented at all 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 additional measures shall be implemented at construction sites greater than four acres in area: Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.); Limit traffic speeds on unpaved roads to 15 mph; Install sandbags or other erosion control measures to prevent silt runoff to public roadways; Replant vegetation in disturbed areas as quickly as possible. Party Responsible for 1m plementation Applicant Party Responsible for Monitoring Gilroy Engineering Division I 3 Gilroy Highway 152 Retail Center Mitigation Monitoring Checklist Subject to determination by the Gilroy Planning Division the following measures may be implemented at construction sites that are very large or are located near sensitive receptors: Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; Limit the area subject to excavation, grading and other construction activity at anyone time. 4 Subject to the review and approval of the Gilroy Engineering Division, prior to demolition of any structure on the project site, the applicant shall contract with a qualified asbestos testing or abatement professional to determine if asbestos is present in the structure. If asbestos is determined to be present, the applicant shall obtain any necessary permits from the Bay Area Air Quality Management District and remove the asbestos-containing materials in accordance with Bay Area Air Quality Management District Regulation 11, Rule 2: Hazardous Materials; Asbestos Demolition, Renovation and Manufacturing.. Applicant Applicant Applicant Gilroy Engineering Division BAAQMD Gilroy Planning Division Gilroy Planning Division 7 Due to the possibility that significant buried cultural resources might be found during construction the following language shall be included any permits issued for the project site, including, but not limited to building permits for future development, subject to the review and approval of the Gilroy Planning Division: If archaeological resources or human remains are discovered during construction, work shall be halted at a minimum of 200 feet from the find and the area shall be staked off. The project developer shall notify a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. 8 I n the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section l5064.5(e): If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara Gilroy Higlzway 152 Retail Center Mitigation Monitoring Clzecklist 4 t I I J I I I I I I 'I I I I I I I I I I I I I I I I I I 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 disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. 12 Subject to the review and approval of the Central Coast Regional Water Quality Control Board and the Gilroy Engineering Division, prior to any demolition, grading, or construction activities on the project site, the applicant shall prepare a storm water pollution prevention program under the National Pollution Discharge Elimination System General Construction Permit. Applicant Applicant Applicant CCR WQCB Gilroy Engineering Division Gilroy Engineering Division Gilroy Engineering Division 5 13 Subject to the review and approval of the Gilroy Engineering Division, prior to any demolition, grading or construction activities within 50 feet of Ronan Channel, the applicant shall obtain a permit trom the Santa Clara Valley Water District. 19 The following language shall be included on any permits issued at the project site, subject to the review and approval of the Gilroy Building Division. "All construction activities shall be limited to weekdays between 7:00 AM and 7:00 PM, and to Saturdays and City holidays between 9:00 AM and 7:00 PM. No construction is allowed on Sundays." Alternative construction hours may be allowed if specifically approved by the City Council. I Gilroy Highway 152 Retail Center Mitigation Monitoring Checklist Prior to approval of a final map, the following mitigation measures shall be implemented: Mitigation Nature of Mitigation Measure Party Party Measure Responsible for Responsible Number Implementation for Monitoring 15 Subject to the review and approval of the Gilroy Engineering Applicant Gilroy Division, project plans shall include designs to prevent spills or Engineering leaks at the industrial uses from flowing on the surface of the Division ground or migrating underground into Ronan Channel. The project applicant shall consult with the Santa Clara Valley Water District in the design of industrial buildings and yard areas to determine feasible measures to incorporate into project designs. J 16 The Final Map shall provide for the under-grounding of power Applicant Gilroy distribution lines located within the area of that project. In Engineering addition, the transmission lines running eastward through the Division center of the project site will have to be relocated by the project proponent or the project design will have to incorporate the following standards: No buildings or structures are allowed within the pole--tower line rights-of-way; Trees within the rights-of-way are discouraged; any plans which include trees in these areas must be reviewed and I approved by the owner of the utility; No excavations may be made within 20-feet of a transmission pole; Minimum clearances from high voltage lines must be maintained as described in the PG&E manual High Voltage J Electrical Safety Orders; During construction activities, dust control measures must be implemented to avoid contamination of the insulators; Unrestricted access to the lines by utility crews must be maintained at all times for emergency and normal maintenance operations; All aboveground power lines on the project site should be marked as appropriate with colored balls or other materials to enhance their visibility to low flying pilots. 22a. Subject to the review and approval of the Gilroy Engineering Division, the applicant shall include the following on-site and Applicant Gilroy adjacent road improvements on the Final Map. The improvements shall be constructed prior to occupancy of Phase I or as warranted: Engineering Division Gilroy Highway 152 Retail Center Mitigation Monitoring Checklist 6 'I I Construct a new signalized intersection at State Highway 152 and Camino Arroyo; · Construct a new signalized intersection at Camino Arroyo and Renz Lane. I I · Realign Renz Lane to intersect with Camino Arroyo Synchronize signalization of the intersections of Camino Arroyo/State Highway 152 and Camino Arroyo/Renz Lane; Expand the eastbound Renz Lane approach to four circulation lanes, with adequate right-of-waywidth for a fifth lane for eastbound approach to Camino Arroyo; the construction of the expansion must include the pavement for all five lanes. Modify the Brem Lane/Highway 152 intersection to a right-in, right-out only Equip signal lights at the Renz Lane/Camino Arroyo and State Highway I 52/Camino Arroyo intersections for preemption by the California Highway Patrol, and Gilroy Fire Department; Provide Class 11 bike lanes along Camino Arroyo; I I I I I If necessary, provide adequate right-of-way for the Class I bicycle path along Ronan Channel; Consult bridge with VT A to determine the location of and to provide the right-of-way for bus stop turnouts; and I I · Determine necessary elevation for the Camino Arroyo bridge over Ronan Channel, accounting for future trail needs, and provide adequate right-of-way to accommodate the bridge abutments. I 23a. Subject to the review and approval of the Gilroy Engineering Division, the applicant shall include the following on-site and adjacent road improvements on the Final Map. If the State Highway 152 Safety Improvement Project is not completed prior to occupancy of Phase II the applicant shall construct, the following off-site roadway improvements: Construct a second southbound left turn lane at the intersection of Camino Arroyo and State Highway 152; Applicant Gilroy Engineering Division I I I If necessary, provide adequate right-of-way for the Class I bicycle path along Ronan Channel; Consult with VT A to determine the location of and to provide the right-of-way for bus stop turnouts; · Construct a traffic signal at the Camino Arroyo/Project driveway intersection; I I · Construct the fourth leg, including the signal modification, of the Camino Arroyo/Renz Lane intersection. I I Gilroy Highway 152 Retail Center Mitigation Monitoring Checklist 7 Prior to approval of a site plan, the following mitigation measures shall be fmplemented: Mitigation Nature of Mitigation Measure Party Party Measure Responsible for Responsible Number 1m plementation for Monitoring 5 Subject to the review and approval of the Gilroy Planning Applicant Gilroy Division, an emission reduction program shall be prepared Planning pursuant to the Rincon Plaza Annexation and General Plan Division Amendment EIR and may include at a minimum but not be limited to the following elements: Provision of secure bicycle storage (parking) facilities for both customers and employees. Bicycle storage shall be provided at each building; A sidewalk shall be provided between bus stops and major uses; Sidewalks shall be provided between the anchor retail stores and each adjacent use; A sidewalk shall be provided between the motel and adjacent uses; Pedestrian access shall be provided between the sidewalks along Camino Arroyo and Renz Lane and the adjacent uses; and I If necessary, provide adequate right-of-way for the Class I bicycle path along Ronan Channel. 6 The project applicant shall prepare a grading plan, for both Applicant Gilroy 1 phases, that shall include, but not be limited to, specifications Engineering requiring that no materials or machinery will be allowed in the Division bed or banks of the Ronan Channel. This would include any I, grading and/or fill material or grading and/or construction SCVWD III vehicles, etc. The plan shall be subject to review and approval by It the Gilroy Engineering Division and Santa Clara Valley Water Ii District, prior to approval of the final map. Monitoring shall take I , place during grading and construction activities and shall be performed by the Gilroy Engineering Division and/or Santa Clara Valley Water District. Phasing of the grading plans will be allowed to the extent approved by the Gilroy Engineering Division. 14 Subject to the review of the Gilroy Engineering Division, prior to Applicant Gilroy PUD Architectural and Site Review approval, the project Engineering applicant shall consult with the Santa Clara Valley Water District Division in the design of project parking lots to incorporate feasible Gilroy Highway 152 Retail Center Mitigation Monitoring Checklist 8 I I I I I I I I I I I I I 20 I I I 22b. I I measures for stonn water quality protection into project designs. The proposed project shall at a minimum include oil and grease separators or other effective filtering systems as part of the drainage system to reduce the quantity of water-borne pollutants leaving the project site and draining into Ronan Channel. These filtering systems shall meet the standards of, and shall be subject to the review and approval of the Santa Clara Valley Water . District and the Central Coast Regional Water Quality Control Board. 17 Subject to the review and approval of the Gilroy Planning Applicant Division, and prior to approval of any building penn its for this site, the site plan shall include a buffer between the project and the existing residences located along Renz Lane, extending from Renz Lane northward for a minimum of 400 feet. Subject to the review and approval of the Gilroy Planning Division, prior to approval of the final map, a noise study shall be prepared in conjunction with the site plan for the portion of the proposed project located west of Camino Arroyo. The noise study shall include recommendations for the size and type of any sound walls or benns that would be necessary to reduce ambient noise levels on the project site to within City standards. The noise study shall mitigate the incremental difference between the existing noise levels and the project-generated noise. This buffer shall be located outside the sewer and electrical line rights-of-way or easement. Alternatively, at the applicant's expense and subject to the review and approval of the Planning Division, alternative, equivalent sound attenuation measures may be used, as detennined by a noise analysis. Gilroy Planning Division Gilroy Planning Division Gilroy Fire Department Gilroy Engineering and Planning Divisions I 9 18 Subject to the review and approval of the Gilroy Planning Applicant Division, a lighting plan shall be prepared in conjunction with the site plan for the proposed project prior to approval of the final map. No unobstructed beam of exterior lighting shall be directed outward from the site toward any residential use or public right- of-way. Plans for any future specific construction project shall include a Applicant fire safety plan. This plan shall indicate and describe all fire safety improvements which will be included in the project including fire hydrant locations, sprinkler and alann systems, emergency vehicle access provisions, evacuation plans (if necessary), and demonstration of adequate water pressure for fire- fighting purposes. This plan shall be approved by the Gilroy Fire Department prior to the approval of a site plan for any phase of the project. Subject to the review and approval of the Gilroy Engineering Applicant Division, the applicant shall include the following on-site and adjacent road improvements on the site plan. The improvements shall be constructed prior to occupancy of Phase 1: Realign the driveway from Renz Lane near the southeast Gilroy Highway 152 Retail Center Mitigation Monitoring Checklist corner of Parcel I to lead directly into a circulation alley; Provide circulation alleys to minimize traffic in front of the stores; and Provide bicycle racks at each parcel. 23b. Subject to the review and approval of the Gilroy Engineering Division, the applicant shall include the following on-site and adjacent road improvements on the tentative map. The improvements shall be constructed prior to occupancy of Phase 2: Construct a signalized project driveway providing access to Parcels 2, 12 and 13, with the signal light synchronized with the other Camino Arroyo signals; Provide a right in only driveway from Camino Arroyo to Parcel 16 and direct access from Parcel 16 to Parcel 15; Signalize the driveway to Parcels 13 and 16. The signal should be synchronized with the Renz Lane signals; Realign the driveway to Parcel 17 so that the intersection of Renz Lane and the driveway is at a 90-degree angle, or provide access from the Parcel 13/14 driveway; . Provide right-in right-out driveways from Camino Arroyo to Parcels 12 and 13 to relieve left turn movements at Renz Lane and to reduce circulation on the storefront aisle; Provide circulation alleys to minimize traffic in front of the stores; and Provide bicycle racks at each parcel. Subject to the review and approval of the Engineering Division, the above-stated mitigation measures may be modified to address alterations in the final site design. Applicant Gilroy Engineering Division Gilroy Highway 152 Retail Center Mitigation Monitoring Checklist 10 I I Prior to occupancy of Phase 1, the following mitigation measures shall be implemented: I Mitigation Measure Number I 21 I I I I I 22a. I I I I I I I I I Nature of Mitigation Measure Subject to the review and approval of the Gilroy Engineering Division, if the State Highway 152 Safety Improvement Project is not completed prior to occupancy of Phase I the applicant shall construct, the following off-site roadway improvements: Addition of either a southbound off-ramp loop from State Highway 101 to Tenth Street and a duel westbound left-turn lane, or a southbound on-ramp loop from westbound State Highway 152 to U.S. Highway 101. The Valley Transportation Authority shall detennine the appropriate improvement to be funded and/or built; and Modification of the State Highway 152/Brem Lane intersection to a right-in right-out only alignment. Subject to the review and approval of the Gilroy Engineering Division, the following improvements shall be constructed prior to occupancy of Phase 1 or as warranted: Construct a new intersection at State Highway 152 and Camino Arroyo; Synchronize signalization of the intersections of Camino Arroyo/State Highway 152 and Camino Arroyo/Renz Lane; Expand the eastbound Renz Lane approach to four circulation lanes, with adequate right-of-way width for a fifth lane for eastbound approach to Camino Arroyo; the construction of the expansion must include the pavement for all five lanes; Realign the driveway from Renz Lane near the southeast comer of Parcel I to lead directly into a circulation alley; Equip signal lights at the Renz Lane/Camino Arroyo and State Highway I 52/Camino Arroyo intersections for preemption by the California Highway Patrol and the Gilroy Fire Department; Provide circulation alleys to minimize traffic in front of the stores; Construct Class II bike lanes along Camino Arroyo; Ifnecessal)', provide adequate right-of-way for the Class I bicycle path along Ronan Channel; Provide bicycle racks at each parcel; and . Consult with VT A to detennine the location of and to provide the right-of-way for bus stop turnouts. Party Responsible for Implementation Applicant Applicant Party Responsible for Monitoring Gilroy Engineering Division Gilroy Engineering Division I Gilroy Highway 152 Retail Center Mitigation Monitoring Checklist 11 Prior to occupancy of Phase 2, the following mitigation measures shall be implemented: Mitigation Measure Number 23 Nature of Mitigation Measure The following improvements shall be constructed prior to occupancy of Phase 2: Construct a second southbound left turn lane at the intersection of Camino Arroyo and State Highway 152; Construct a signalized project driveway providing access to Parcels 2, 12 and 13, with the signal light synchronized with the other Camino Arroyo signals; Provide a right in only driveway from Camino Arroyo to Parcel 16 and direct access from Parcel 16 to Parcel 15; Signalize the driveway to Parcels 13 and 16. The signal should be synchronized with the Renz Lane signals; Realign the driveway to Parcel 17 so that the intersection of Renz Lane and the driveway is at a 90-degree angle, or provide access from the Parcel 13/14 driveway; Provide right-in right-out driveways from Camino Arroyo to Parcels 12 and 13 to relieve left turn movements at Renz Lane and to reduce circulation on the storefront aisle; Provide circulation alleys to minimize traffic in front of the stores; Determine necessary bridge elevation for the Camino Arroyo bridge over Ronan Channel, accounting for future trail needs, and provide adequate right-of-way to accommodate the bridge abutments; Ifnecessary, provide adequate right-of-way for the Class I bicycle path along Ronan Channel; Provide bicycle racks at each parcel; Consult with VT A to determine the location of bus stop turnouts. Subject to the review and approval of the Engineering Division, the above-stated mitigation measures may be modified to address alterations in the final site design. Party Responsible for Implementation Applicant Party Responsible for Monitoring Gilroy Engineering Division Gilroy Highway 152 Retail Center Mitigation Monitoring Checklist 12 'I I I I I I I I I I I I I I r 24 The applicant shall provide the following roadway improvements at the intersection of Camino Arroyo and State Highway 152. If the City of Gilroy adopted level of service for the intersection is LOS D, either of the following two improvements shall be made; modification of the southbound approach to two left-turn lanes, one through and one free right turn lane. This improvement would also necessitate the addition of a westbound auxiliary lane on State Highway 152 from Camino Arroyo to the U.S. Highway 101 northbound on ramp; or, second SB right turn lane with widening for the second right turn lane on the western side of Camino Arroyo between Pacheco Pass Highway and Renz Lane. If the City of Gilroy adopted level of service for the intersection is LOS C, both of the following improvements shall be made: modification of the southbound approach to two left-turn lanes, one through and one free right turn lane. This improvement would also necessitate the addition of a westbound auxiliary lane on State Highway 152 from Camino Arroyo to the U.S. Highway 101 northbound on ramp; construction of northbound triple left turn lanes on State Highway 152 and the construction of a third northbound lane on Camino Arroyo, between State Highway 152 and Renz Lane. Applicant Gilroy Engineering Division Gilroy Highway 152 Retail Center Mitigation Monitoring Checklist 13 A/S 02-35 (Newman Development Group) Final Conditions of Approval PlanniDl! (contact Melissa Durkin at 846-0440) 1. All twenty-five (25) MITIGATION MEASURES contained within the Negative Declaration for this development shall be applied to this approval in order to reduce and/or eliminate all potential significant impacts to a level of insignificance, as required under the California Environmental Quality Act (CEQA). This shall be subject to the review and approval of the Planning Division. 2. Any projects within this development that do not comply with the Design Guidelines shall be required to process a Planned Unit Development Architectural and Site Review application, subject to review by the Planning Commission and approval by the City Council. 3. Landscaping: Landscaping plans including specifications for an irrigation system shall be approved by the Planning Division in accordance with the adopted Consolidated Landscaping Policy, prior to issuance of a building permit. The landscaping shall be continuously maintained in an orderly, live, healthy, and relatively weed-free condition, in accordance with the adopted Consolidated Landscaping Policy and the approved specific landscape plan. 4. All landscaped areas adjacent to parking and/or paved areas shall be separated by a raised protective curbing to meet minimum City standards, subject to review and approval of the Planning Division. 5. Street frontage landscaping along Camino Arroyo shall be bermed in order to provide additional screening of the parking areas. Such berming shall be delineated on required landscaping plans, and shall be subject to Planning Division approval. 6. All signage shall be installed in accordance with the approved Pacheco Pass Center Sign Program. 7. Trash Enclosures: All trash enclosures shall consist of visually solid fences and gates, six (6) feet in height, and shall architecturally match the buildings they serve. All trash enclosures shall be located in accordance with the approved site plan and Uniform Fire Code. In addition, recycling areas must be provided within the trash enclosures, in accordance with the following regulations: A. Areas for recycling shall be adequate in capacity, number, and distribution to serve the development project. B. Dimensions of the recycling area shall accommodate receptacles sufficient to meet the recycling needs ofthe development project. C. An adequate number of bins or containers to allow for the collection and loading of recyclable materials generated by the development project should be located within the recycling area. Exhibit B A/S 02-35 2 4/2/03 8. The developer shall place arbors or a similar architectural device on any trash enclosures visible from the public right-of-way, in order to screen the trash enclosure, subject to the review and approval of the Planning Division. 9. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward from the site toward any residential use or public right-of-way. This is subject to the review and approval of the Planning Division. 10. The applicant shall place hoods on all lights adjacent to Highway 152. 11. Mechanical Appurtenances: Mechanical equipment to be located on the roof of a building shall be screened by an architectural feature of the building such that it cannot be seen from ground level at the far side of the adjacent public right-of-way, whenever possible. This is subject to the review and approval of the Planning Division. 12. Building colors shall be consistent with the approved Design Guidelines. En2ineeriDl! (contact Kristi Abrams or Don Nunes at 846-0450) 13. The developer/applicant must obtain a sewer allotment for this project, and sign a sewer allotment agreement prior to the issuance of any building permits, subject to the review and approval of the Engineering Division. 14. Off-site street improvements shall be subject to reVIew and approval by the Engineering Division. 15. A grading plan must be provided subject to the review and approval of the Engineering Division. 16. Construct a sidewalk along Highway 152 along the project frontage and continuing west to the bridge structure at the overpass on Highway 101. Newman Development Group shall obtain all necessary right-of-way. 17. Provide evidence that the additional right-of-way to be dedicated is at the ultimate location along Highway 152. 18. Construct a fence along Highway 152 from Camino Arroyo to the ultimate project boundary. 19. Locate the fence outside ofthe future public right-of-way. The fence shall be constructed of black wrought iron or tubular steel. 20. The applicant shall process a parcel map for this site, subject to the review and approval of the Engineering Division. 21. Complete the Renz Lane abandonment. 22. Underground PG&E and bond for communications undergrounding. Exhibit B A/S 02-35 3 4/2/03 23. Complete emergency vehicle access (EVA). 24. At building 6, the one-way drive through requires additional review for signage. Increase the radius at the entrance to this drive through to meet the Engineering division's requirements. 25. Show the location of the emergency vehicle access (EVA), which is required as part of this project. Fire Department (contact Rodger Maggio at 846-0430) 26. Provide on-site fire hydrants to provide a minimum fire flow of 4000 GPM for 4 hours to within 150 feet of all exterior building points. The Deputy Fire Marshal shall approve locations. 27. Buildings are to be equipped with automatic fire sprinklers designed per NFP A 13. For each building provide a double detector check valve. PIV and FDC shall be located at the street or driveway on private property. The FDC shall be within 40' of a public hydrant and on the same side of the driveway as the hydrant. 28. Provide fire apparatus access lanes around the building. Fire lanes shall have a minimum 20' unobstructed width and be conspicuously posted "NO PARKING-FIRE LANE." Minimum inside turning radius of 39 ft shall be provided on fire lanes. 29. Commercial Food Handling, preparation or serving facilities shall be provided with a grease interceptor. Minimum size is 1500 gallons, obtain the Chemical Control Program Grease Interceptor Policy for sizing calculations. Community Services (contact Carla Ruigh at 846-0460) 30. Backflow devices must be provided, subject to the review and approval of the Water Division. These devices shall be painted to match their surroundings. 31. The developer shall be required to install street trees according to the Consolidated Landscaping Policy. The developer will be required to obtain a Street Tree Permit prior to installation of the trees. This shall be subject to the review and approval ofthe Community Services Division. Exhibit B I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached Resolution No. 2003-24 is an original resolution, duly adopted by the Council ofthe City of Gilroy at a regular meeting of said Council held on the 7th day of April, 2003, 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 11th day of April, 2003. (Seal)