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Resolution 2004- 29 RESOLUTION NO. 2004-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING NS 02-36, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR A W AL-MART SUPERCENTER STORE ON APPROXIMATELY 19.73 ACRES AT 7150 CAMINO ARROYO, A PORTION OF APN 841-18-043 WHEREAS, Wal-Mart, c/o George Akel of Newman Development Group, the applicant, submitted NS 02-36, an application for architectural and site approval of a Planned Unit Development ("PUD") for a Wal-Mart Supercenter store on approximately 19.73 acres at 7150 Camino Arroyo, APN 814-18-043; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), (Pub. Resources Code ~ 21000 et seq.) an Environmental Impact Report ("EIR") was prepared and circulated for public review and comment; and WHEREAS, the Final EIR for the Project consists of the Draft EIR dated December 4, 2003 (State Clearinghouse Number 2003072047), and the Final EIR dated February 3, 2004, said documents prepared for the City of Gilroy by EMC Planning Group Inc.; and WHEREAS, the Planning Commission held a duly noticed public meeting on February 5, 2004, at which time the Planning Commission considered the public testimony, the EIR, the Staff Report dated January 28, 2004 ("Staff Report"), and all other documentation related to application NS 02-36, and recommended that the City Council certify said EIR, and approve said application with conditions; and WHEREAS, the City Council held duly noticed public meetings on February 17, 2004, March 15, 2004, and AprilS, 2004, at which time the City Council considered the public testimony, the EIR, the Staff Report, a supplemental Staff Report dated February 9,2004, and all other documentation related to application NS 02-36; and IGBOI619843.1 01-032904-04706089 -1- Resolution No. 2004-29 WHEREAS, pursuant to CEQA, the City Council on April 15, 2004, by Resolution No. 2004-_, made and adopted a Statement of Overriding Consideration in connection with this project regarding the significant and unavoidable impacts and the anticipated benefits of the project, and certified the EIR, finding that it was completed in compliance with CEQA and that it reflects the independent judgment of the City; and WHEREAS, the City Council, also by Resolution No. 2004-~, and pursuant to CEQA, adopted a Mitigation Monitoring Program for the eighteen (18) mitigation measures required by the EIR; and WHEREAS, the City Council determined that forty-two (42) conditions should be incorporated into the project as set forth in the Staff Report; 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. 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 entire record. 1. The project conforms to the Gilroy General Plan in terms of general location and standards of development. 2. The project fills a specific need ofthe surrounding area in that the project will make a "power shopping center" available to south Santa Clara County and northern San Benito County, and provide for the only grocery store for Gilroy residents who live east of Highway 101. 3. The project does not require urban services beyond those that are available at IGBOI619843.1 01-032904-04706089 -2- Resolution No. 2004-29 the project site. 4. The project provides a harmonious, integrated plan that is consistent with PUD standards and policies and that integrates the Pacheco Pass Center Design Guidelines into its architectural design. 5. The project continues the pattern of development along Camino Arroyo and Highway 152, which is both an economical and an efficient use of the land upon which the project is located. 6. The project uses 24-inch box-size trees and proposes to landscape 11.3 percent of the site, providing landscaping that meets the intent of the Planned Unit Development ordinance and exceeds minimum City requirements. 7. The project's proposed building design utilizes aesthetic design principles that will harmonize with the existing buildings in this shopping center, making the project an attractive development that blends with the character of the surrounding area. 8. All impacts from traffic congestion, noise, and other adverse effects will be mitigated to the extent feasible; and 9. The project provides adequate access, parking, landscaping, trash areas and storage. B. Application A/S 02-36 should be and hereby is approved subject to IGBOI619843.1 01-032904-04706089 1. The forty-two (42) final conditions of approval, attached hereto as Exhibit A and incorporated herein by this reference. -3- Resolution No. 2004-29 2. The eighteen (18) mitigation measures set forth in the EIR and the Mitigation Monitoring Program, attached hereto as Exhibit B and incorporated herein by this reference. PASSED AND ADOPTED this 5th day of April, 2004 by the following vote: AYES: COUNCILMEMBERS: DILLON, GARTMAN, VALIQUETTE, VELASCO and PINHEIRO NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CORREA and MORALES NONE APPROVED: ~s:: lbert Pinheiro, Mayor ATTEST: ~. Rhonda Pellin, City Clerk IGB0\619843.1 01-032904-04706089 -4- Resolution No. 2004-29 EXHIBIT A A1S 02-36, Wal-Mart Final Conditions of Approval Plannin!! (contact Melissa Durkin at 846-0440) 1. All eighteen (18) MITIGATION MEASURES contained within the Environmental Impact Report for this development shall be applied to this approval in order to reduce and/or eliminate 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. 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. 3. 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. 4. 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. 5. All signage shall be installed in accordance with the approved Wal-Mart Sign Program. 6. 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 of the 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. 7. 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. NS 02-36 Final Conditions of Approval 2 3/29/04 8. 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. 9. 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. The developer shall include this condition as a note on the building plans. 10. Building colors and design shall be consistent with the colors shown on the Architectural & Site Review plans. 11. All storage containers used in the operation of this business shall be located on the backside of the Wal-Mart building, and shall be screened from Ronan Channel via heavy vegetation. 12. Backflow devices shall be painted to match their surroundings. The developer shall include this condition as a note on the building plans. 13. Any sales occurring within the Outdoor Display Area shall be allowed without requiring an additional Special Events Permit as long as the following conditions are met: A. The sales occur within the Outdoor Display Area only; B. The vendor is Wal-Mart; and C. The sales events do not include the sale of vehicles. En!!ineerin!! (contact Kristi Abrams at 846-0450) 14. 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. 15. Off-site street improvements shall be subject to reView and approval by the Engineering Division. 16. A grading plan must be provided subject to the review and approval of the Engineering Division. 17. Underground PG&E and bond for communications undergrounding. All transformers and switchgear shall be underground. 18. Separate review, approval and permitting are required for all joint trench (underground utility) plans. 19. The fence along Ronan Channel shall comply with the letter report from Higgins & Associates dated March 10, 2003. NS 02-36 Final Conditions of Approval 3 3/29/04 20. The driveways along Renz shall be right in/right out only. Renz Lane shall have a raised median. (Considerations can be discussed for the easterly-most driveway). 21. The driveway throats on Camino Arroyo and on Renz Lane near the Renz/Camino Arroyo intersection shall provide for a minimum ofa four (4) car stacking distance. Staffmay be able to modifY the stacking requirements on the Camino Arroyo and Renz Lane driveways if turning movements are restricted to right in/out by a raised median. Fire Department (contact Rodger Maggio at 846-0430) 22. Show location of all public fire hydrants on street surrounding the project. 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. Locations shall be approved by the Deputy Fire Marshal. 23. Show location of power transmission lines. Power lines shall not pass within 20 ft of a building envelope unless alternate fire roof access is approved by the Fire Chief 24. Building is to be equipped with automatic fire sprinklers designed to protect the proposed commodity and storage array. 25. Double detector check valves, control valves, and FDC shall be located at the street on private property. The FDC shall be within 40' of a public hydrant and on the same side of the driveway as the hydrant. 26. 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." All no parking areas shall have a red curb painted and maintained in good condition. No parking areas to be reviewed and approved during building pennit plan review. 27. Separate submittals and pennits are required for on-site fire mains, fire sprinkler systems and fire alarm systems. Storage and display racks in excess of 12 ft or with hazardous commodity shall have fire sprinkler protection in conformance with high piled storage requirements. Storage higher than 12 ft shall be maintained shrink wrapped to prevent falling boxes during a seismic event. 28. The number and location of exterior roof access points shall be detennined during the building pennit plan review process. 29. Non-domestic wastewater requires a pennit from the Chemical Control Program. Commercial Food Handling, preparation or serving facilities shall be provided with a grease interceptor. Sizing to be detennined by the Chemical Control Program. 30. Vehicle Service facilities shall meet Articles 29 and 79 ofthe Uniform Fire Code. Hazardous Materials shall be used and stored in conformance with the Fire and Building Codes. A hazardous materials pennit shall be obtained. NS 02-36 Final Conditions of Approval 4 3/29/04 Community Services (contact Carla Ruigh at 846-0460) 31. Backflow devices must be provided, subject to the review and approval of the Water Division. 32. 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 of the Community Services Division. 33. Wal-Mart shall install a shopping cart electronic theft deterrent system around the boundaries of this site, subject to the review and approval of the Community Services Department. City Council-Added Conditions 34. Wal-Mart Stores, Inc. shall demolish the building located at 7900 Arroyo Circle if: a. A period of twelve (12) months has lapsed since the Wal-Mart Supercenter obtained its Certificate of Occupancy; and b. the Wal-Mart store located at 7900 Arroyo Circle remains vacant and in Wal-Mart's possession, and no agreement has been reached with a prospective tenant. The twelve (12) month time frame to demolish the Wal-Mart building located at 7900 Arroyo Circle may be extended for an additional twelve (12) months by the City Council if Wal-Mart is engaged in good faith negotiations with a prospective user or buyer. 35. Wal-Mart shall incorporate the energy conservation features delineated as standards of the Supercenter prototype in its energy conservation matrix (Appendix A). 36. Wal-Mart shall post signs at each entrance on Camino Arroyo and Renz Lane that state a maximum time limit for customer parking, subject to the review and approval of the Gilroy Police Department. Wal-Mart shall implement a policy whereby the store manager will post a flyer on a vehicle that has exceeded the time limit restriction, stating that the owner of the vehicle must remove it from the premises within 24 hours or the vehicle will be towed. Wal- Mart shall post information regarding this policy in the vestibule area, where customers may review it. In addition, Wal-Mart will post the policy on the employee bulletin board so that all employees are aware of the policy. 37. Wal-Mart has agreed to establish a Community Advisory Board that will consist of the store manager and the Community Involvement Coordinator, two members of the City Council, and three community leaders selected by the City Council. This Board would have the sole discretion of how to spend a single $10,000 grant each year. Wal-Mart has committed to this program for two years, and after two years will evaluate whether or not to continue the program, based on its success. Based on sales projections for the Supercenter, it is anticipated that Wal-Mart will make community contributions in the amount of approximately $50,000 annually (not including the $10,000 grant by the Community Advisory Board). A/S 02-36 Final Conditions of Approval 5 3/29/04 38. Wal-Mart shall create an "Eco Room" in the area normally occupied by a children's arcade. The Eco Room shall be developed and maintained such that it educates children and adults about current environmental issues, such as recycling, water conservation, energy conservation, and other environmental issues. 39. Wal-Mart's building canopy shall be extended (made deeper by approximately 4 feet) at the front entry vestibules to allow for more protection from inclement weather as delineated on the plans presented to the City Council at the March 15 meeting. 40. Wal-Mart shall organize a business seminar, including hiring sponsor an outside consultant, to educate small businesses on how to compete with large-scale retailers. 41. Wal-Mart shall work with the Gilroy Economic Development Corporation to promote job openings to Gilroy residents and collaborate in recruiting local applicants, to increase the number of Gilroy residents hired as Wal-Mart associates. 42. Wal-Mart shall send Plans and Specifications to the local Builders Exchange offices and the local Dodge Plan Rooms, to allow local sub-contractors to compete for inclusion in the General Contractors overall bid to Wal-Mart. Gilroy Wal-Marl (Pacheco Pass) FEIR 5.0 Mitigation Monitoring Program EXHIBIT B 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 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 Gilroy Pacheco Pass Wal-Mart. The monitoring program should be implemented as follows: Gilroy Waf-Mart (Pacheco Pass) FEfR 5.0 Mitigation Monitoring Program 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 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; and 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. Gilroy Waf-Mart (Pacheco Pass) FEfR 5.0 Mitigation Monitoring Program Gilroy Pacheco Pass Waf-Mart Mitigation Monitoring Checklist Step 1 Prior to approval of the Architectural and Site Review, the following mitigation measure shall be implemented: 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 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. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division Step 2 Prior to approval and issuance of a grading or building permit, the following mitigation measures shall be implemented: 1. 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; and Gilroy Wal-Mart (Pacheco Pass) FEIR 5.0 Mitigation Monitoring Program . Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. 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; and . . Replant vegetation in disturbed areas as quickly as possible. 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; and Limit the area subject to excavation, grading and other construction activity at anyone time. . . . Party responsible Jor implementation: Applicant Party responsible Jor monitoring: Gilroy Engineering Division 2. The project proponent shall, to the extent feasible, use equipment powered by other than diesel fuel, or if diesel fueled equipment is used, employ soot filters or other devices to effectively reduce emissions. Party responsible Jor implementation: Applicant Party responsible Jor monitoring: Gilroy Planning Division 3. 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 Gilroy Waf-Mart (Pacheco Pass) FEfR 5.0 Mitigation Monitoring Program General Plan Amendment EIR and may include at a minimum but not be limited to the following elements: . Provision of secure bicycle parking for customers near the front of the store, protected from encroachment by merchandise displays or shopping carts. Free bicycle lockers or a secure area for parking bicycles shall be provided for employees, subject to review and approval of the Planning Division prior to Architectural & Site Review approval; A sidewalk shall be provided between bus stops and major uses; Sidewalks shall be provided between the anchor retail stores and each adjacent use; . . . Pedestrian access shall be provided between the sidewalks along Camino Arroyo and Renz Lane and the adjacent uses; and . Provision of preferential parking for employee carpools within parking areas dedicated for employees. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning and BLES Divisions 6. The project applicant shall prepare a grading plan 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. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering 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: Gi/roy Waf-Marl (Pacheco Pass) FE/R 5.0 Mitigation Monitoring Program 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. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 8. 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 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. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 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, Life, and Environmental Safety Division prior to issuance of a building permit to ensure compliance with these regulations. Party responsible for implementation: Applicant Gilroy Waf-Marl (Pacheco Pass) FEfR 5.0 Mitigation Monitoring Program Party responsible for monitoring: Gilroy Building, Life, and Environmental Safety Division 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 Gilroy 2002-2020 General Plan policy 25.09 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. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division 11. Construction of the proposed project should be undertaken during the dry season (April l5-0ctober 15). If construction of the proposed project is undertaken during the wet season (October l5-ApriI15) 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 hydro mulching 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. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division 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. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division 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. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division Gilroy Waf-Mart (Pacheco Pass) FEfR 5.0 Mitigation Monitoring Program 15. The following language shall be included on any permits issued at the project site, subject to the review and approval of the Gilroy Engineering and Building, Life and Environmental Safety 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. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Building, Life, and Environmental Safety Division 16. 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. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Fire Department 17. 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 (or shared facility within the Pacheco Pass Center) for a recycling center focused on .the commercial and industrial uses in the proposed project; Provision of information to store managers about the recycling services on the project site and in the area; and Identification of the manner in which insulation and other products made of recycled materials will be incorporated into building structures. 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. . . . Gifroy Waf-Marl (Pacheco Pass) FEfR 5.0 Mitigation Monitoring Program Party responsible fOr implementation: Applicant Party responsible fOr monitoring: Gilroy Planning Division and Gilroy Community Services Department Step 3 The following mitigation measures shall be implemented prior to issuance of an occupancy permit: 4. Prior to occupancy of the proposed project, the following improvements within or adjacent to the Pacheco Pass Center shall be completed: . Addition of a second right-turn lane on the southbound Camino Arroyo approach to State Highway 152; . Signalization of the intersection of Renz Lane and the project driveway; The Pacheco Pass Center developer shall pay the City to monitor the Renz Lane/project driveway intersection and the developer will construct the signal when the City determines, pursuant to the monitoring, that a signal is needed at that intersection. The developer shall bond with the City for the full cost for design and construction of this signal. Signalization of the intersection of Camino Arroyo and the Costco/Lowes driveway; and . . Adjustment of the signal phasing at the Camino Arroyo/Renz Lane intersection to provide overlap signal phasing for the northbound right-turn and the eastbound right-turn movements. Party responsible fOr implementation: Applicant Party responsible fOr monitoring: Gilroy Engineering Division 5. Prior to occupancy of the proposed project and until the Camino Arroyo bridge is constructed across Ronan Channel, the project proponent shall construct and maintain the following improvements. The implementation costs would be eligible for reimbursement from other developments within the Pacheco Pass Center at the discretion of the City. a. Place an advisory sign along eastbound Tenth Street east of Chestnut Street, advising bicyclists to reach Camino Arroyo by crossing State Highway 152 on the Camino Arroyo northbound signal phase; b. Place an advisory sign near the northeast comer of Sixth Street and Rogers Lane advising pedestrians to access the Pacheco Pass Center via Chestnut Street and Tenth Street; and Gi/roy Wa/-Mart (Pacheco Pass) FE/R 5.0 Mitigation Monitoring Program c. Install a fence along Ronan Channel across Camino Arroyo and the project site. Party responsible fOr implementation: Applicant Party responsible fOr monitoring: Gilroy Engineering Division 18. Prior to occupancy of the proposed project, the project proponent shall pay a pro- rata share of the cost of constructing a northbound median acceleration lane and signalization at the intersection of State Highway 152 and Frazier Lake Road. The fee shall be based on the project's share of projected peak hour traffic at the intersection at the time of Gilroy 2002-2020 General Plan build-out, and the most current cost estimate for the improvements. The fee shall be paid to Caltrans or the City of Gilroy, as appropriate, and held in a separate account for this improvement. Party responsible fOr implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certifY that the attached Resolution No. 2004-29 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 5th day of April, 2004, 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 30th day of April, 2004. (Seal)