Resolution 2005-74RESOLUTION NO. 2005-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING A SECOND ONE -YEAR EXTENSION
FOR TM 01 -04, A TENTATIVE MAP TO SUBDIVIDE AN
APPROXIMATELY 30 -ACRE SITE INTO 13 INDUSTRIAL
LOTS LOCATED ON MONTEREY ROAD, SOUTH OF
TRAVEL PARK CIRCLE, APNS 841 -14 -026 AND 027.
WHEREAS, Gennero Filice, the applicant, has timely requested a second one -year
extension of the approval for TM 01 -04, a Tentative Map which was set to expire on April 1,
2005, to subdivide an approximately 30 -acre site into 13 industrial lots located on Monterey
Road, south of Travel Park Circle, APNs 841 -14 -026 and 027; and
WHEREAS, the application was timely filed prior to the map's expiration, and therefore
pursuant to California Government Code section 66452.6, the life of the map was automatically
extended by sixty (60) days or until the application is approved or denied, whichever occurs first;
and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City
Council adopted a Negative Declaration for this project on March 18, 2002; and
WHEREAS, the City Council, after a duly noticed public hearing on March 18, 2002,
adopted Resolution No. 2002 -19 approving TM 01 -04 on April 1, 2002; and
WHEREAS, pursuant to Gilroy City Code sec. 21.41.1, a tentative map is valid for two
(2) years after approval and may be granted a up to three (3) extensions of one (1) year each by
the City Council; and
1GB01672176.1
01- 101005- 04706089
Resolution No. 2005 -74
WHEREAS, the City Council, after a duly noticed public meeting on May 3, 2004,
adopted Resolution No. 2004 -43 on May 17, 2004, extending the approval of TM 01 -04 for one
year until April 1, 2005; and
WHEREAS, the City Council at a duly noticed public meeting on October 3, 2005,
considered the Staff Report dated September 22, 2005, regarding a second one -year extension of
TM 01 -04; 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 finds as follows:
IG601672176.1
01- 101005-04706089
1. The project is consistent with the land use designation and relevant
policies of the General Plan.
2. The project is consistent with the Zoning Ordinance, the City's
Subdivision and Land Development Code, and the State Subdivision
Map Act.
3. There are no facts to support findings requiring denial of the proposed
tentative map extension pursuant to California Government Code
section 66474.
4. There is no substantial evidence in the record that this project as
mitigated will have a significant effect on the environment.
-2-
Resolution No. 2005 -74
B. Approval of Tentative Map TM 01 -04, which was set to expire April 1, 2005, is
hereby extended by one year until April 1, 2006, subject to all previously imposed
conditions as follows:
The 33 conditions described in the Staff Report pages 4, 5, and 7 dated
"Revised March 11, 2002," and page 6 dated "Revised March 20, 2002,"
and attached as Exhibit A to Resolution No. 2002 -19 and incorporated
herein by this reference.
2. The Mitigation Monitoring Checklist and the fourteen (14) mitigation
measures set forth in the Negative Declaration, and attached as Exhibit B
to Resolution No. 2002 -19 and incorporated herein by this reference.
PASSED AND ADOPTED this 17th day of October, 2005, by the following vote:
AYES: COUNCIL MEMBERS: CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO,
and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ATTE
6��
Rhonda Pellin, City Clerk
1GB01672176.1
01- 101005 - 04706089
APPROVED:
Al X;Pinheiro, Mayor
-3-
Resolution No. 2005 -74
TM 01 -04 4
STAFF RECOMMENDATIONS:
"FVVTRTT 0"
01/25/02
Revised 03/11/02
Staff recommends that the Planning Commission for,,vard a recommendation of approval for the subject
tentative map request with 15 conditions to the City Council for the following reasons:
91. The proposed Tentative Map is substantially consistent Aith the land use designation for the
property on the General Plan map (GENERAL INDUSTRIAL);
42. The Tentative Map proposal is generally consistent with the intent of the goals and policies of the
City's General Plan document;
43. Public utilities and infrastructure improvements needed in order to serve the proposed project are
located in close proximity to the project site;
44. There will be no significant environmental impacts as a result of this project due to the required
mitigation measures to be applied; and
#6. The proposed subdivision is consistent with minimum requirements of the State of California
Subdivision Alop Act and with the City of Gilroy Subdivisions and Land Development Code.
In addition, staff recommends that the following conditions of approval apply to this request:
MITIGATION IAEASURES 41 THROUGH 414, contained within the Negative Declaration, shall
be applied to the approval of the project in order to reduce and/or mitigate all potential significant
impacts to a level of insignificance, as required under the California Environmental Quality Act
(CEQA).
2. All public sewer lines, storm drains, and water lines which traverse through private parcels shall be
within access /utility easements, subject to the review and approval of the Engineering Division.
Prior to anv construction of the utilities in the field, the applicant and/or developer shall submit the
following items to the City Engineering Division for review and approval:
a. A signed and PG &E- approved original electric plan; and
b. A letter from the design Civil Engineer which states that electrical plans conform with City
Codes and Standards, and with the approved subdivision improvement plans.
4. All gradvtg operations and soil compaction activities shall be per the approved soils report, subject
to review and approval by the Engineering Division.
5. All existing water Nvells shall be sealed to meet the approval of the City Engineer and the Santa Clara
Valley eater District (SCVWD)
The developer shall implement and follow the Santa Clara Valley Urban Runoff Pollution Prevention
Program's recommended Best Management Practices (131vII') for cot - struction activities, as contained
in the California Storm Water Consn-uction BMP Handbook, subject to review and approval by the
Engineering Division.
TM 01 -04 5 01/25/02
Revised 03/11/02
7. The follo,,ving storm drain issues must be approved by the Engineering Division:
a. The storm drain'collection system in the public street shall be designed so no sheet flow crosses
into private land;
b. The storm drain system will not be approved by the Engineering Division until the separator
system has been approved by the Chemical Control Division; and
C. The 10 -year flood shall be contained in the basin and piping. Ponding shall not occur in the
parking lots during a 10 -year event. The basin shall be sized and designed so that the l 0 -year
flood event does not surface in the parking lot.
8. The developer shall provide full street, curb, gutter. sidewalk. and electrolier improvements. subject
to the review and approval of the Community Development Department.
9. For any necessary off -site dedications and/or easements to the City of Gilroy required by the roadway
and/or utility main design the developer shall pay all the costs of any land purchase for the ultimate
right -of -way and easements. The developer shall, within 21 days after City Council approval of the
Tentative Map, deposit the estimated cost of all condemnation expenses with the City of Gilroy's
Community Development Department. All costs of the condemnation procedure shall be paid for
the developer. All casements and right -of ways must be dedicated and/or deeded to the City of
Gilroy before Final Map approval, subject to review and approval by the Engineering Division.
10. An appropriate maintenance mechanism shall be established to maintain the detention basin, which
serves this project. This maintenance mechanism shall be established before the final map and
improvement plans are approved.
10. Street improvements and the design of all storm drainage, sewer and water lines, and all street
sections and widths shall be subject to the review and approval of Engineering Division All utilities
to, through and on the site shall be constructed underground, in accordance with Municipal Code
Section 21.120, subject to the review and approval of Engineering Division.
IL Subdivider shall defend, indemnify, and hold harmless the City, its City Council, Planning
Commission; agents. officers. and employees from any claim action, or proceeding against the City
or its City Council. Planning Commission, agents, officers, and employees to attack, set aside, void,
or annul an approval of the City. City Council. Planning Commission, or other board, advisory
agency, or legislative body concerning this subdivision. City will promptly notify the subdivider of
anv claim action. or proceeding, against it. and xvill cooperate fully in the defense. This condition
is imposed pursuant to California Government Code Section 66474.9.
12. An all - weather access road, not less than 20 feet in width. for fire apparatus shall be provided before
commencing any combustible construction. Fire hydrants shall also be installed and maintained
before combustible construction begins, subject to review and approval by the Building. Life, and
Environmental Safety Division.
13. Dead -end access roads, in excess of one hundred fifty (150) feet in length- shall enable fire engines
to turn around. Turning radii shall not be less than thirty -nine (39) feet, subject to the review and
approval of the Building, Life, & Environmental Safety Division.
TM 01 -04 6 01/25/02
Revised 03/20/02
14. Hvdrant locations and water main sizing shall be approved by the Building, Life. & Environmental
Safety Division. prior to building permit issuance.
15. The developer shall provide street trees in accordance with the City's Consolidated Landscaping
Policy, subject to review and approval by the Community Services Department.
16. The developer shall prepare and file a final map showing all easements and dedications.
17. Prepare improvement plans, in accordance with city standards and requirements, for surface and
underground infrastructure.
18. Execute an Improvement Agreement with the City.
19. Prepare a grading plan with pad elevations located a minimum of one foot above base flood
elevations.
20. All flood plain easements shall be shown on the final improvement plans.
21. The developer must provide for a Valley Transit Authority bus turnout to meet VTA requirements.
22. All development fees as applicable shall be paid prior to approval of the final map.
23. Bonds for improvements shall be posted with the city as required.
24. Provide calculations for storm and sanitary sewer.
25. Provide storm water retention basin along with calculations for sizing facilities.
26. Provide overland release.
27. Remove storm system from back of lots 8 through 10 and stub storm system to street ends.
28. Certification of Erosion Control Plan is needed prior to October 15tH
29. Certification of grades and compaction is required prior to paving.
30. Certification of improvements on site plans is required prior to Building final.
31. if the project has excess fill that ,vill be off-hauled to a site ,vilhin the city limits of Gilroy, an
additional permit is required.
32. All overhead utility facilities within newly constructed public streets shall be placed underground.
No utility undergrounding fee shall be required for any frontage of a development project, which is
adjacent to a street wHcb will be improved. including utility undergrounding, as a condition of such
project.
TM 01-04
01/25/02
Revised 03/11102
33. New and existing utilith, lines, appurtenances and associated equipment, including but not limited to.
electrical transmission street lighting; and cable television shall be required to be placed underground
as required in the Ciry of Gilroy Municipal Code.
PLAAWING COAIMISSIONACTION.
At the Alarch 7, 2002 Planning Commission meeting, the Planning Commission voted 5 -0-2
(Commissioners Allen and Tucker were absent) to forward the following recommendations to
the City Council:
I. Adoption of a Negative Declaration with 14 mitigation measures; and
2. Approval of Tentative Alap request TM O1 -04 with 33 conditions.
Respectfully.
r
William Faus
Planning Division Manager
bfau s@,ci . Qilrov. ca.0 s
"EXHIBIT B;.
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Gilroy, CA 95020
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Project Descr ipt►on
Marne of Froject: Siiicon Valley south Teclv;ology Park
Mature of Project: Request to subdivide approximately 30 acres of land into nine industrial Jots
in Giiroy, CA.
Priilect Locatiori
Location: East of Highway 101 south of Travel Park Circle and Garlic Farm Truck Stun.
Assessor's Parcel 4: 341 -14 -026 & 027
<< r: tin,, or Pe sir�(s) Unde aking P roje-4
Name: Stan iavls
Address: 1023 Bird Avenue, San Jose; CA 95125
Pherie: (- ^r00°) 947 -1000
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whether this project ri- ght have a significant effect on the envirorJment. A copy of this study is on file
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the indiependem jucgernent of the City of Ciiroy.
ro,ifigatiorl Measure---
Aesthetics
The project proponent shall prepare a landscape plan for the proposed project,
consistent with the provisions of the Consolidated Landscape Policy, to include a row
of shrubs or trees along the western edge of the project site than can be expected to
reach a mature height of 15 to 20 feet, planted at least 20 feet on center. The landscape
plan shall be submitted, subject to review and approval by the Planning Division, and
prior to any Architectural and Site Review approval for the site.
2. Prior to development on the proposed project site, the project proponent shall submit a
detailed plan for all exterior lighting. The plan shall design lighting to minimize light
or glare impacts to adjacent properties including Highway 101. Light fixtures should
use hoods and shields to direct the light bEam onto the area intended for illumination.
The detailed lighting plan shall be subject to the review and approval by the City of
Gilroy Planning Division, prior to Archtectural and Site Review approval.
Air Quality
3. The project proponent shall specify in project plans the implementation of the following
dust control measures during grading and construction activities for the proposed
project. The measure shall be implemented as necessary to adequately control dust.
The following measures shall be in all construction sites:
a. `Hater all active construction areas at least twice daily or more often as needed to
prevent dust from becoming airborne and leaving the site.
b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks
to maintain at least two feet of freeboard.
c. Pave, apply water three times daily, or apply (non- toxic) soil stabilizers on all
unpaved access roads, parking areas and staging areas at construction sites.
d. Sweep daily (with water sweepers) all paved access roads, parking areas and
stacinQ areas at construction sites.
I_J C. Sweep streets daily (with water sweepers) if visible soil material is carried onto
adiacen.t vublic streets.
The following measures shall be implemented at all construction sites greater than four
acres in area:
Hydroseed or apply (non- toxic) soil stabilizers to inactive construction areas
t revi �usl , graded areas inactive for ten days or morel.
•
�
inclose, cover, x aier twice daily or apply (non - toxic) soil binders to exposed
crnc' rnilac (diri sand, e?C•)
�,. Limit traffic speeds on unpaved roads to 1; mph.
Draft Negative Declaration
TM 01-04
01/10/02
Install sandbags or other erosion control measures to prevent silt runoff to public
roadways.
Replant vegetation in disturbed areas as quickly as possible
Optional control measures, the following measures are strongly encouraged at
constructions sites that are large in area, locat4ed near sensitive receptors or which for
any other reason may warrant additional emissions restrictions:
k. Install wheel washers for all existing trucks, or v,7ash off the tires or tracks of all
trucks and equipment leaving the site.
1. Install windbreaks, or plant trees / vegetative windbreaks at windward side(s) of
construction areas.
m. Suspend excavation and grading activity when winds (instantaneous gusts)
exceed 25 miles per hour.
n. Limit the area subject to excavation, grading and other construction activity.
Biological Resources
4. Prior to the final map approval, the project developer shall submit a Landscape Plan,
for review and approval by the City of Gilroy Planning Division, indicating the
location, size and species of existing trees found within the project site boundaries. The
plan shall indicate which trees are planned for removal. Based on the review of the
Landscape Plan, the City shall determine which trees, if any are significant.
If significant trees are determined to be located on the project site, these trees shall be
retained, to the greatest extent feasible. The dripline of significant trees to be retained
shall be fenced prior to grading activities to prevent root damage. If retention of all
significant trees on the project site is not feasible, a written report shall be prepared by
a certified arborist including the number and location of each significant tree to be
removed, the type and approximate size of each significant tree, the reason for removal,
and specifications for replacing significant trees to be removed. The written report
shall be prepared prior to the commencement of grading activities, subject to approval
by the City of Gilroy Planning Division.
Cultural Resources
Due to the possibility that significant buried cultural resources might be round 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 archeoiogicai resources or human remains are discovered during construction, work shaii be
halted at a minimum of 200 feet from the 571d and the areas s1iall be staked off The project
developer shall notify a aualified professional archeologist. If the find is determined to be
significant, apprcpiiate mitigation measure shall be formulated and implemented.
Draft Negative Declaration 01/10/02
TM 01 -04 4
b. In the event of an accidental discovery or recognition of any human remains in.any
location other than a dedicated cemetery, the City shall ensure that this language is
included in all permits in accordance with CEQA Guidelines section 15064.5(e);
"If human remains are found during construction, there shall be no further excavation or
disturbance of the site or any nearby area reasonably suspected to overlie adjacent human
remains until the coroner of Santa Clara County is contacted to determine that no investigation
of the cause of death is required. If the coroner determines the remains to be Native American,
the coroner shall contact the Native American Heritage Commission within 24 hours. The
Native American Heritage Commission shall identify the person or persons it believes to be the
most likely descendent (MLD) from the deceased Native American. The MLD may then make
recommendations to the landowner or the person responsible for the excavation work, for means
of treating or 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 a. ssociated grave goods with
appropriate dignity 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 MLD identified fails to make a
re( ommendation; or c) the landowner or his authorized representative rejects the
recommendation of the MLD, and the mediation by the Native American Heritage Commission
fails to provide measures acceptable to the landowner."
Geology and Soils
7. The project proponent shall submit a soils investigation prepared by a qualified soils
engineer for future developments on the proposed project site. The recommendation of
the soils investigation shall be incorporated into the final building plans and shall be
reviewed and approved by the Gilroy Engineering Division prior to approval of any
building permits. The purposes of the soils investigation is to determine the exact soils
characteristics and limitations on the site, and to recommend appropriate engineering
specifications for development of the site.
Hazards and Hazardous Materials
S. The project proponent, and any future users of the project site, are required to operate
in accordance with the regulations of the City of Gilroy Chemical Control Division and
the City of Gilroy Fire Department. Prior to commencing operations, the property
operator is required to submit information of all hazardous chemicals to be stored and
processes to be conducted at the project site to the City of Gilroy Chemical Control
Division, for review and approval. Both the Chemical Control Division and the City of
Gilroy Fire Department are responsible for inspections and enforcement. Hazardous
waste transport, recycling, processing and storage facilities must comply with the
County of Santa Clara Hazardous Waste Management Plan. The storage of more than
55 gallons of any one hazardous material listed in the City's adopted Hazardous
% aterial Storage Ordinance shall require issuance of a conditional use permit. Such
conditional use permit shall be valid for no more than one year at a time, but may be
Draft Negative Declaration
TM 01 -04
01/10/02
renewed on an annual basis by the Planning Division Manager. If the Planning
Division Manager determines that there have been such problems, the use permit shall
become void until or unless the determination is successfully appealed or a new
conditional use permit is obtained. No quantity greater than 55 gallons of any material
listed in the City's adopted Hazardous Material Storage Ordinance shall be stored
,Arithin 400 feet of any residential zoning district or water well of the city of Gilroy_
Hydrology and Water Quality
9. The applicant shall submit a Notice of Intent (NOI) and detailed engineering designs to
the central coast RWQCB. This permit shall require development and implementation
of a SWPPP that uses storm water "Best Management Practices" to control runoff,
erosion and sedimentation from the site.
10. The project proponent shall be required to obtain a NPDES General Construction
Permit, prior to issuance of a building permit, subject to the review and approval by the
Gilroy Engineering Division.
11. The design of all storm drainage improvements serving the project site shall be
provided by the developer, subject to review and approval by the Community
Development Department, Engineering Division, prior to the approval of any final
improvement plans. These design plans shall include, but not be limited to:
Calculations verifying that at least 3.12 acre -feet of water detention storage will be
provided at the project site.
b. The water detention storage shall be lined.
The floodway shall remain open and unobstructed for water flow.
d. Applicable storm water source and treatment -based best management practices,
applied and maintained, as recommended in the California Storm Water Best
Management Practice Handbook.
Sediment and pollution control facilities within the storm drainage detention
facilitieE.
Provisions for periodic sweeping for roadways, driveways and parking areas on
the project site.
As indicated in the Binkley Report, the site plan shall include flood easements along the
eastern and western project site boundary. The road entering the project site from
Bolsa Road shall include a 100 -foot flood easement, subject to review and approval by
the Community Development Department.
Draft Negative Declaration
TM 01 -04 6 011101021
The preliminary grading }plan, site plans and building designs shall be consistent with
the Binkley Report and comply with the City of Gilroy Flood Plain Ordinance and shall
not impede the flow of floodwaters.
Noise
12. The following language shall be included on any permits issued. at the project site, .
subject to the review and approval of the City of Gilroy Engineering 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."
All internal combustion engine- driven equipment shall be equipped with mufflers,
which are in good condition and appropriate for the equipment.
All stationary noise - generating equipment shall be located as far as feasibly possible
from the sensitive receptors.
Public Services
13. The project proponent shall prepare a landscape and irrigation plan to include, but not
be limited to the following:
a. The site plan shall include landscaping that will not only be asethetically- pleasing
but will also discourage graffiti. Electrical service and water services shall be
provided to the landscaped area.
b. A funding mechanism shall be provided for the maintenance landscaping.
14. The project proponent shall build the project frontage to City cyurb, gutter and
sidewalk standards for a future four -lane arterial with a two -way left turn lane, to
include the striping of an interim. southbound left pocket and acceleration lane, subject
to the review and approval of the City of Gilroy Engineering Division.
Date Prepared: 1/10/02
End of Review Period: 2/04/02
Date Adopted:
William Faus
Planning Division Manager
Silicon Valley South Technology Pork Mitigation Monitoring Checklist
Step 1: Prior to approval of the Final Map, the following mitigation
measures shall be addressed:
Mitigation Measure 1
The project proponent shall prepare a landscape plan for the proposed project,
consistent-with the provisions of the Consolidated Landscape Policy, to include a
row of shrubs or trees along the western edge of the project site that can be
expected to reach a mature height of 15 to 20 feet, planted at least 20 feet on
center. The landscape plan shall be submitted, subject to review and approval by
the Planning Division, and prior to any Architectural and Site Review approval.
for the site.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure 4
Prior to the final map approval, the project developer shall submit a Landscape
Plan, for review and approval by the City of Gilroy Planning Division, indicating
the location, size and species of existing trees found within the project site
boundaries. The plan shall indicate which trees are planned for removal. Based
on review of the Landscape Plan, the City shall determine which trees, if any,
are significant.
If significant trees are determined to be located on the project site, these trees
shall be retained, to the greatest extent feasible. The dripline of significant trees
to be retained shall be fenced prior to grading activities to prevent root damage.
If retention of all significant trees on the project site is not feasible, a written
report shall be prepared by a certified arborist including the number and
location of each significant tree to be removed, the type and approximate size of
each significant tree, the reason for removal, and specifications for replacing
significant trees to be removed. The written report shall be prepared prior to the
commencement of grading activities, subject to approval by the City of Gilroy
Planning Division.
Party Responsible for Implementation: Applicant
Part, Responsible for Monitoring: Gilroy Planning Division
City of Gilroy
Silicon Valley South Technology Fark Mitigation Monitoring Checklist
Mitigation Measure 14
The project proponent shall build the project frontage to City curb, gutter and
sidewalk standards for a future four lane arterial with a two -way left turn lane,
to include the striping of an interim southbound left pocket and acceleration
lane. Subject to the review and approval of the City of Gilroy Engineering
Division.
Party Responsible for Implementation: ' Applicant
Party Responsible for Monitoring: Gilroy Engineering Division
Step 2: The following mitigation measures shall be implemented prior to any
Architectural and Site Review approval:
Mitigation Measure 2
Prior to development on the proposed project'site, the project proponent shall
submit a detailed plan for all exterior lighting. The plan shall design lighting to
minimize light or glare impacts to adjacent. properties including Highway 101.
Light fixtures should use hoods and shields to direct the light beam onto the
area intended for illumination. The detailed lighting plan shall be subject to the
review and approval by the City of Gilroy Planning Division, prior to
Architectural and Site Review approval.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure 11
The design of all storm drainage improvements serving the project site shall be
provided by the developer, subject to review and approval by the Community
Development Department, Engineering Division prior to the approval of any
final improvement plans. These design plans shall include, but not be limited to:
• Calculations verifying that at least 3.12 acre -feet of water detention
storage will be provided at the project.site;
• The -,eater detention storage shall be lined;
• The floodway shall remain open and unobstructed for water flow;
• Applicable storm water source and treatment -based best management
practices, applied and maintained, as recommended in the California
Storm Water Best ]Management Practice Handbook
• Sediment and pollution control facilities within the storm drainage
detention facilities; and
of Gilroy 2
Silicon Valley South Technology Park Alitication Moni otino Checklist
• Provisions for periodic sweeping for roadways, driveways, and parking
areas on the project site.
• As indicated in the Binkley Report, the site plan shall include flood
easements along the eastern and western project site boundary. The
road entering the project site from Bolsa R.oa.d' shall include a 100 -foot
flood easement, subject to review and approval by the Community
Development Department.
• The preliminary grading plan, site plans and building designs shall be
consistent with the Binkley Study and comply with the City of Gilroy
Flood Plain Ordinance and shall not impede the flow of floodwaters.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Engineering Division
Mitigation Measure 12
The following language shall be included on any permits issued for 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 permitted on Sundays..
All internal combustion engine - driven equipment shall be equipped with
mufflers, which are in good condition and appropriate for the equipment.
All stationary noise- generating equipment shall be located as far as feasibly
possible from the sensitive receptors.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring. Gilroy Building and Planning
Divisions
Mitigation Measure 13
The project proponent shall prepare a landscape and irrigation plan to include,
but not be limited to the following:
• The site plan shall include landscaping that will not only be
aesthetically - pleasing but will also discourage graffiti. Electrical
service and water service shall be provided to the landscaped area.
• A funding mechanism shall be provided for the maintenance
landscaping.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
City of Gilroy 3
Silicon Valley South Technology Park Mitigation Mondoring Checklist
Step 3: The following mitigation measures shall be implemented prior to
issuance of a Building Permit:
Mitigation Measure 7
The project proponent shall submit a soils investigation prepared by a qualified
soils engineer for future developments on the proposed project site. The
recommendation of the soils investigation shall be incorporated into the final
building plans and shall be reviewed and approved by the Gilroy Engineering
Division prior to approval of any building permits. The purposes of the soils
investigation is to determine the exact soils characteristics and limitations on
the site, and to recommend appropriate engineering specifications for
development of the site.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Engineering Division
Mitigation Measure 8
The project proponent, and any future users of the project site, are required to
operate in accordance with the regulations of the City of Gilroy Chemical Control
Division and the City of Gilroy Fire Department. Prior to commencing
operations, the property operator is required to submit information of all
hazardous chemicals to be stored and all processes to be conducted at the project
site tot the City of Gilroy Chemical Control Division, for review and approval.
Both the Chemical Control Division and the City of Gilroy Fire Department are
responsible for inspections and enforcement. Hazardous waste transport,
recycling, processing and storage facilities must comply with the County of
Santa Clara Hazardous Waste Management Plan. The storage of more than 55
gallons of any one hazardous material listed in the City's adopted Hazardous
Material Storage Ordinance shall require issuance of a conditional use permit.
Such conditional use permit shall be valid for no more than one year at a time,
but may be renewed on an annual basis by the Planning Division Manager. If
the Planning Division Manager determines that there have been such problems,
the use permit shall become void until or unless the determination is
successfully appealed or a new conditional use permit is obtained. No quantity
greater than 55 gallons of any material listed in the City's adopted Hazardous
Materials Storage Ordinance shall be stored within 400 feet of any residential
zoning district or Neater well of the City of Gilroy.
Party Responsible for Implementation:
Party Responsible for Monitoring
Applicant
Gilroy Chemical Control Division
City of Gilroy 4
Silicon Valley South Technology Park Wigation Monilorin_q Checklist
Mitigation Measure 9
The applicant shall submit a Notice of Intent (NOI) and detailed engineering
designs to the Central Coast RWQCB. This permit shall require development
and. implementation of a SWPPP that uses storm water "Best Management
Practices" to control runoff, erosion and sedimentation from the site.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Engineering Division
Mitigation Measure 10
The project proponent shall be required to obtain a NPDES General
Construction Permit, prior to issuance of a grading permit. Subject to the review
and approval by the Gilroy Planning Division.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Engineering Division
Step 4. The following mitigation measures shall be implemented during Project
Construction:
Mitigation Measure 3
The project proponent shall specify in project plans the implementation of the
following dust control measures during grading and construction activities for
the proposed project. The measures shall be implemented as necessary to
adequately control dust:
The following measures shall be implemented in all cases:
• 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 ]east 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 adiacent public streets.
• Hvdroseed or apply (non - toxic) soil stabilizers to inactive construction
areas (previously graded areas inactive for ten days or more);
CO of Gilroy
Silicon Valley South 7echnology Park Mitigation Monitoring Checklist
• Enclose, cover, -,eater 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.
As necessary, the following measures shall be implemented when
construction takes place near sensitive receptors:
• Install wheel washer's for all existing trucks, or wash off the tires or
tracks of all trucks and equipment leaving the site;
• Install wind breaks, or plant trees /vegetative wind breaks at
windward side(s) of construction areas;
• Suspend excavation and grading activity when winds (instantaneous
gusts) exceed 25 miles per hour;
• Limit the area subject to excavation, grading and other construction
activity at any one time.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Engineering Diuision
Mitigation Measure 5
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 archeologist. If the find is determined to be significant, appropriate
Mitigation measures shall be formulated and implemented.
Party Responsible for Implementation: Applicant
Party Responsible for Alonitoring: Gilroy Planning Division
Mitigation Measure 6
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):
Y of
Silicon Valley South Technology Park Mitigation Monitoring Checklist
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 (IALD) 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 MLD identified fails to make a recommendation; or
c) the landowner or his authorized representative rejects the
recommendation of the MLD, and the mediation by the Native American
Heritage Commission fails to provide measures acceptable to the
landowner.
Party Responsible for Implementation:
Party Responsible for Monitoring:
Applicant
Gilroy Planning Division
i
City of Gilroy
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2005 -74 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
17th day of October, 2005, 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 4th day of November, 2005.
City Clerk of the City of Gilroy
(Seal)