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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;. t - - * , s z i F @ ! 1 g Tff, a•//�■�� Ems' 1 1 6 Infl! or Dri v i 'Nee - at ive I 4 C,. -1 t,i u I City of Gilroy �: , Rosa,- ,,. ,�- /.,� 3 nuaa,Jl,a .,J.. Gilroy, CA 95020 t O j 0040 v-i—f0 �;, —� -. :'� ,ti, :.4 Gcicber 2, 2000 y' t -:� r: i3::: vc► . 3 i »t v>t -vim 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 : - = -_• 1J3!i.Gl 6l.lU] T __ �. '.- S 7 ,7 .7 fl Arl cri}Jaiiued 1,J,:iaJ tudy Gftliis yr�iect was iii;Cici'j5J{ci7 ari firc}Jaieu 1Gr the ptrl�ose ofascertairil;ig whether this project ri- ght have a significant effect on the envirorJment. A copy of this study is on file ai it "ic %CIty O1 V111G1' PJarli:]]"ltg Divi-sion, 7315 RGs-aiiTla Streei. G 7L-Oy, C:.A 91 5 020. 2'liilUMES cx sREasoils — - = -- - <- ._iii_. -• _• - - - -- - - =- 1 iii 1rilU 11 Jli_ili }' it il!1111G1� 1.1 'l\ lil!C�J 1 �Jki_i CaJJi C!!el lJ V1l tl!� ','i illliii�Jil. NIole�.t Ji-S been Jiiilcaled (see N-i' uFal "iGri N- leasuTes beio - \N' vilhich avold or riJjii €ate 'he erects) to a po;-nt `.:here no 57i2 ;ficanl erects w "" - ,ccul. .here :5 -r, evideP.Ce lbe nR0,1tC1 may have a slonificant effect �I s 01j" ,. r ppclrt tP,eSe 1'u7G'u`lgS. Tht p 1.0 II' L' se 1 '3 t 1 .. : ror, Gi :., .. , • c;;;:;:, :i:. �, :iie exist ,�ana - r;; >o � : nu se u. tJl s i;re::. wia lie T , -w -.��tc -i -ni nn;.; :�i-ii ' o �; n-,�i ^'ri :.� i� , r.y.,• i , -r` r i i_, �,, - •,le U, �♦,',. �",i 2"; (11' ir, C .,. ♦ , .. �i i. ii,". r,,, .v.0 `, 7:.. .�i�i �:j it."��� �)i I. .� .i iii,. )t J21 n '_ i!e ',, �':�'i �1,1 \, .,..:, C' �n %�: r.!•un'1 l \1 `\: ,: -,1,; O,u Gl1 r, \; `.. U^ nn'1 ! z \ -.egan a Derr ano TPitP,�'c j t L .`u.. t" GIQ rl 1 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)