Resolution 2006-32
RESOLUTION NO. 2006-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING A THIRD AND FINAL ONE-YEAR
EXTENSION FOR TM 01-04, A TENTATIVE MAP TO
SUBDIVIDE AN APPROXIMA TEL Y 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 third and final one-
year extension of the approval for TM 01-04, a Tentative Map that was set to expire on April I,
2006, 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-l9 originally approving TM 01-04 on April 1, 2002; and
WHEREAS, pursuant to Gilroy City Code sec. 21.41(i), a tentative map is valid for two
(2) years after the original approval, and may be granted a up to three (3) extensions of one (1)
year each by the City Council; and
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Resolution No. 2006-32
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 ofTM 01-04 for one
year until April I, 2005; and
WHEREAS, the City Council, after a duly noticed public meeting on October 3, 2005,
adopted Resolution No. 2005-74 on October 17, 2005, extending the approval of TM 01-04 for
one year until April l, 2006; and
WHEREAS, the City Council at a duly noticed public meeting on May 1, 2006,
considered the Staff Report dated April 25, 2006, regarding a third and final one-year extension
ofTM Ol-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:
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
Subdivisions 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.
IG801692372.1
01-050806-04706089
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Resolution No. 2006-32
4. There is no substantial evidence in the record that this project as
mitigated will have a significant effect on the environment.
B. Approval of Tentative Map TM 01-04, which was set to expire April 1, 2006, is
hereby extended by one final year until April 1, 2007, subject to all imposed
conditions as follows:
l. The 33 original conditions of approval and 46 additional conditions to
meet current standards, all set forth on the attached "Conditionals of
Approval TM 0 l-04, Davis" attached hereto as Exhibit A and incorporated
herein by this reference.
2. The Mitigation Monitoring Checklist and the fourteen (14) mitigation
measures set forth in the Negative Declaration, attached hereto as Exhibit
B and incorporated herein by this reference.
PASSED AND ADOPTED this 15th day of May, 2006, by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, BRACCO, CORREA, GARTMAN,
V ALIQUETTE, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: VELASCO
APPROVED:
~~
A16ert: P nheiro, Mayor
--'"
/1---
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Resolution No. 2006-32
EXHIBIT A
1. MITIGATION MEASURES #1 THROUGH #14, 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.
3. Prior to any construction of the utilities in the field, the applicant and/or developer shall submit the
following items to the City Engineering Division for review and approval:
a. A signed and PG&E-approved original electric plan; and
b. A 'letter from the design Civil Engineer which states that electrical plans conform with City
Codes and Standards, and with the approved subdivision improvement plans.
4. All grading 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 wells shall be sealed to meet the approval of the City Engineer and the Santa
Clara Valley Water District (SCVWD)
6. The developer shall implement and follow the Santa Clara Valley Urban Runoff Pollution
Prevention Program's recommended Best Management Practices (BMP) for construction activities,
as contained in the California Storm Water Construction BMP Handbook, subject to review and
approval by the Engineering Division.
7. The following 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 lO-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 10-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.
TM 01-04
2
03/20/02
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 easements and right-of-ways must be dedicated and/or deeded to
the City of Gilroy before Final Map approval, subject to review and approval by the Engineering
Division.
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.
11. 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
any claim, action, or proceeding against it, and will cooperate fully in the defense. This condition is
imposed pursuant to California Government Code Section 66474.9.
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.
14. Hydrant 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.
TM 01-04
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03/20/02
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 VT A 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 will be off-hauled to a site within 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 which will be improved, including utility undergrounding, as a condition of such
project.
33. New and existing utility 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 City of Gilroy Municipal Code.
34. A SWPPP and an Erosion Control Plan is required for all development over I acre.
35. Certification of improvement on site plans is required prior to Building final (add to general notes
on Title sheet of plans ).
TM 01-04
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36. Certification of fire flow test is required prior to final permit (add to general notes on Title sheet of
plans).
37. Certification of grades and compaction is required prior to building permit final. This statement
must be added as a general note to the Grading and Drainage Plan.
38. Certification is required by the design engineer of the design and construction for all retaining walls
shown on the improvement plans prior to final acceptance of the subdivision.
39. All retaining walls must be constricted of permanent materials such as concrete or masonry. and
shall be of a modular design; wood shall not be permitted.
40. All Traffic Control Plans shall be prepared by a licensed professional engineer with experience in
Traffic Control Design.
41. A Traffic Control Plan shall be provided in the Improvement Plans set for all work within the public
right-of-way.
42. All temporary roads or detours shall have temporary asphalt paving unless otherwise approved by
the City Engineer in writing.
43. Full frontage improvements are required for all new development. All streets must show sidewalks
on both sides.
44. All work is to be done in compliance with the City of Gilroy Specifications Standards and Design
Criteria and is subiect to all laws of this community by reference.
45. Street improvements and the design of all storm drainage. sewer and water lines. and all street
sections and widths shall be in accordance with City Standards and shall follow the most current
Master plan for streets and each utility. The developer shall provide full street. curb. gutter.
sidewalk and electrolier improvements.
46. All grading operations and soil compaction activities shall be per the approved soils report and shall
meet with the approval of the City Engineer. Grading plans shall show the grades of all adiacent
properties.
47. If the proiect has excess fill or cut that will be off-hauled to a site or on-hauled from a site within the
city limits of Gilroy. an additional permit is required. This statement must be added as a general
note to the Grading and Drainage Plan.
48. A minimum of one exterior monument shall be set. Additional monuments can be required by the
City Engineer or City Surveyor as deemed necessary.
49. Location of monuments shall be tied out prior to work. ,Any City monument damaged. displaced or
destroyed shall be replaced at the developer's sole expense.
TM 01-04
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03/20/02
50. New and existing utility lines to. through and on the site. and appurtenances and associated
equipment. including. but not limited to. electrical transmission. street lighting. cable television and
telephone shall be required to be placed underground.
51. A Final Map with all required dedications shall be filed with a copy transmitted to the City.
52. The developer shall submit an estimate of the probable cost of developer-installed off-site
improvements with the Final map submittal.
53. The developer shall submit fees and bonds and enter into an improvement agreement prior to Final
Map recordation.
54. In the event it is necessary to acquire offsite easements or street right-of-way. the owner shall enter
into an agreement with the City prior to Final Map approval agreeing to pay all condemnation costs.
for dedication of all required easements or street right-of-way. This agreement shall be recorded and
require the owner to deposit all condemnation costs with the City within 21 days of Final Map
approval. The owner shall agree to provide an initial cash deposit as determined by the City.
55. Prior to Final Map approval and approval of the Improvement Plans. the following items will need
to be completed:
a. The developer shall provide joint trench composite plans for the underground electrical.
gas. telephone. cable television. and communication conduits and cables including the size.
location and details of all trenches. locations of building utility service stubs and meters
and placements or arrangements of junction structures as a part of the Improvement Plan
submittals for the project. A licensed Civil or Electrical Engineer shall sign the composite
drawings and/or utility improvement plans. (All dry utilities shall be placed underground.)
b. A note shall be placed on the plans which states that the composite plan agrees with City
Codes and Standards and that no underground utility conflict exists.
c. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the
City.
d. The City will collect the plan check and inspection fee for the utilitv underground work.
56. A current Title Report shall be submitted for review to the City prior to Final map approval.
a. A professional engineer-signed and PG&E-approved original electric plan.
b. A letter from the design Electrical or Civil Engineer that states the electrical plan conforms
to City Codes and Standards. and to the approved subdivision improvement plans.
57. Prior to any construction of the dry utilities in the field. the following will need to be supplied to
the City:
58. All lots shall drain to the street for storm drainage.
59. Improvement plans are required for all on-site and off-site improvements.
TM 01-04
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03/20/02
60. Submit a Hazardous Material clearance for any underground tank removal from the appropriate
agency.
6l. A Storm Water Pollution Prevention Plan shall be filed with the Regional Water Ouality Control
Board with a copy to the City. An Erosion Control Plan and Waste Discharger Identification
shall be submitted to the City.
62. The developer shall negotiate right-of-way with Pacific Gas and Electric and other utilities
subject to the review and approval by the Engineering Division and the utility companies.
63. Storm and sewer lines in private streets shall be privately maintained unless approved by the City
Engineer in writing.
64. If any portion of the project is located in a special flood hazard area as shown on the most
current flood insurance rate map: a flood zone study is required. Should the City Engineer
determine a LOMR (letter of map revision) is required. no permits will be issued until a CLOMR
(conditional letter of map revision) is completed. No permits will be finaled until the LOMR is
complete. Any flood conditions imposed on this proiect by the National Flood Insurance
Program or the City of Gilroy will be enforced by the City of Gilroy.
65. If any portion of the project is located in a special flood hazard area. provide the following
statement in a bold box with minimum 14 inch text on the front sheet of the plan set: "This
project is located in a Flood Zone. A Conditional Elevation Certificate is required prior to the
foundation pour and an Elevation Certificate with pictures of each of the four building elevations
is required prior to final inspection".
66. If any portion of the project contains recycled water facilities as shown in the South County
Recycled Water Master Plan. the facilities shall be installed at sole expense of the developer
prior to final or occupancy of the first building.
67. If there is a Homeowners Association in place with this map prior to the map being released for
recordation. Conditions. Covenants and Restrictions shall be approved by the Planning Division.
68. The City shall be notified at least two (2) working days prior to the start of any construction
work and at that time the contractor shall provide a proiect schedule and a 24 hour emergency
telephone number list.
69. All work shown on the improvement plans shall be inspected. Uninspected work shall be
removed as deemed appropriate by the City Engineer.
70. Once the tentative map is approved. the developer shall submit an 8-112 X II-inch site plan to
the Engineering Division to assign addressing which shows the following: tract name and
number. lot number. street names. property lines. right-or-way lines. north arrow and curb cuts
for driveway.
TM 01-04
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03/20/02
71. Reimbursement is required for any frontage infrastructure including but not limited to curb,
gutter. sidewalk. storm. sewer, and water, constructed by others that benefits this development.
72. The permanent street name sign shall be installed immediately after the curb and gutter
construction is complete.
73. The developer/contractor shall make accessible any or all City utilities as directed by the City
Engineer.
74. Street Hydrants shall be spaced every 300 ft. on each side of the street. Hydrants shall flow a
minimum of 1500 gpm with a 20 psi residual. Hydrant locations shall be approved by the Fire
Marshal prior to final map. Hydrants shall be flow tested (most remote installed) by a qualified
individual or the Fire Marshal prior to acceptance by the Water Department.
75. Each building site shall have its own private fire main tap. An above ground DDC/FDC shall be
installed at the property lineA public Fire Hvdrant shall be located within 50 it of the FDC.
76. Fire hydrant(s) shall be installed so that there is a hydrant within 150 feet of buildings or
combustible storage or hazardous operations. Hydrant location to be reviewed and approved by
Fire Prevention.
77. Large complexes shall have looped fire water systems and shall be reviewed and inspected under
a separate permit from individual building fire underground extensions. Private fire mains that
are looped on a site with multiple property lines shall have CCR's that provide for all property
owners to be responsible for the maintenance of the system.
78. Roadways and driveways shall provide a minimum 20 feet of unobstructed travel. Turns shall
provide an inside turning radius of 32 ft. and outside radius of 39 ft. No parking zones signage
and curb painting shall be maintained in good condition.
79. Drivable access shall be provided within 150ft of any building: pad. Access completely around
buildings is desirable. Dead end streets or access in excess of 150 it shall be provided with a
turn around that meets the Fire Department Standard template.
;;EXHIBIT B"
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C,UIJilliLlll1lY UL..VC....U1Jl!Jc;Jlt --,-.I-
Planning Division
Negative Deciaration
City of Gilroy
7351 Ros:mnaSt.
Gilroy, CA 95020
(408) 848.0440
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October 2, 2000
P . n ..
i"OlfCt ....cScnptiOn
Name of Project:
Nalme of Project:
Silicon Valley south Technology Park
Request to subdivide approximately 30 acres ofland into nine industrial lots
in Gilroy, CA.
Project Location
Location:
Assessor's Parcel #:
East of Highway 101 south ofTraveJPark Circle and Garlic Farm Truck Stop.
841-14-026 & 027
Entitl,'or Pf:rsGn(s) Undei1akin2 Project
NamE:
Address:
Phone:
Stan Davis
1023 Bird Avenue, San Jose, CA 95125
(408) 947-1000
J nitiB) SiudI
An expaiJded lniiial Study ofth15 project was undei1aken and prepared for the plU-pose of ascertaining
whether this project rrJght have a significant effect on the environment. A copy of this study is on file
at ihe City of Gilroy Pianning Division, 7351 Rosc.nJ'!a Street, Gilroy, CA 95020.
Findings & ReliS{;il~
-j"l-jt Jni1151 Stljd~: idtTJ\lbed ~jOlent1lilly sigrtiDCajjl effects on the tn\:u-orliTjerjt~ HOW€-'ler~ tl-llS project has
been mitigated (see M"itigation tvJeasures belo-y.,1 v.,;hich avoid or rniligate the effects) to a peLT'lt '.....here no
signiflcanl effeC1S wiD (",CCUT. There is no suns'ic:n:iai evidem,:e the project may have a significant effec.
,. Th .- l' . "I'. , r-"
en t;-1e e~~\'lrGru-nt:~~~. J JJe jOJ~C\\-lJlg reasons \.\,1 i support lnese ImClljg.s:
,
J,
The DfOG()~G] is a 1c~rici11 CUrrjGoncnt of the ex iSl irl~ (ind pruposed 12na use of trlis are.8.
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The prG}IC~ed ]'rc;e:cl is cnr~:,i~;:ent \-..i~h the ;;,:r.:cie.O 2~;;:jlc:; 81-;0 )i(;];c::es of the Gilroy Gener'ai Pl,iTi
Tr,P 1n~i~c.,""i C.1110\: \)'2.t.: ;nn;.:.:.::e~.J,;.ni1'\; TP\.'\~\~;PI'; n\.. r~l'; (.'-:~n ~n...' !n~c ~'~P2~1~\;P rIP("~r!ar<::4j;r\n Tpflpr....c
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IDe inJependen\ jud~tmenl of the City of Gilroy.
f\!l itiQation'Meas ures
.1\ e sth eti cs
1. The project proponent snaIl prepare a Jandscape 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 2.0 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 shan design lighting to minimize light
or glare impacts to adjacent properties including Highway 101. Light fixtures should
use hoods and shields to direct the lightbEam onto the area intended for illumination.
The detailed lighting pJanshall be subject to the review and approval bylhe City of
Gilroy Planning Division, prior to Arch.itectural and Site Review approval.
Air Quali ty
3. The project proponent shall specify in project plans the implementation of the fonowing
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. Water 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 waler three times daily, or apply (non-toxic) soil stabilizers on all
unpaved acress roads, parking areas and staging areas at construction sites.
d. Sweep daily (with water sweepers) all paved a((e~s roads, parking areas and
sta~ine areas at construction sites.
u u
€. Sweep streets daily (with v.'aler sweepers) if visible soil material is carried onto
adiacent Dublic streets.
) I
The following Jllf2sures 5r,a11 be implement ed at a]] construction sites greater than four
acres In area:
J
,.
Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas
iuTE'viou;:;lv graded areas inactive for ten davs or morel.
'J J L. ~ I
r
"
Enclose, cover, \yaler tVvice dailY Of apply (non-toxic) soil binders to exposed
stockpiles (dirt, sand, etc)
t,
Limit traffic speeds on unpaved roads to 1S mph.
Draft Negative Declaration
TM 01-04
3
01/1 0/02
m. Suspend excavation and grading activity wnen winds (instantaneous gusts)
exceed 25 miles per hour.
n. Limit the area sul;;ject to excavation, grading and other construction activity.
Biological Resollrces
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 spE'cies of existing trees found within tne project site boundaries. The
plan shall indicate which trees are planned for removal. Based on the review of the
Landscape Plan, tne City snaIl determine which trees, if any are significant.
If significant trees are determined to be located on the project site, fhese trees shall be
retained, to the greatest extent feasible. Tne 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 tne project site is not feasible, a written report shall be prepared by
a certified arborist including the number and location of each significant nee 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
5. Due to tne possibility tnat 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 limjted to building permits for future development,
subject to the reVlew and approval of the Gilroy Planning Divisior.:
"1/ archeological resourceS or human remains are discovered during conslTuction, work shaH be
halted at a minimum of 200 feet from the find and the areas shall be staked off. The project
de-ueloper shall 110tify a qualified professional archeologist. If the find is determined to be
significant, apprcpn'ate mitigation measure shall be formulated and implemelited.
Draft Negative Declaration
1M 0}-04
4
01110/02
6. lnthe event of an accidental discovery or recognition of any human remains in.any
location otner tnan a dedicated cemetery, tne City shall ensure tnat this language is
included in all permits in accordance with CEQA Guidelines section 15064.5(e);
"lfhuman remains a7'e found during construction, there shall be no further excavation 'OT
disturbance of the site or any nearby area reasonably suspected to overlie adjacent human
TEmains 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 Herita~e Commission withi'l1 24 hOUTS. The
Native American Herita8e 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 treatin8 or disposing of, with appropriate di8nity, the human remains and associated grave
goods as provided in Public Resources Code See.tion 5097.98. The landowner orhis authorized
representative shall rebury the Native American human remains and associated grave goods with
appropriate di8nity in a location not subject to further disturbance if: a) the Native American
Herita8e Commission is unable to identify a MLD or the MLDfailed 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 hisauthorized repl-esentative rejects the
recommendation of the MLD, and the mediation by the Native AmericartHeritage 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
r'eviewed 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.
Ha:z.ards aJ1d Hazardous Materials
8. The project proponent, and any future users of the project site, are required to operate
In accordance witn tne regulahons of tne City of Gilroy Cnemical 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 tne Chemical Control Division and the City of
Gilroy Fire Department are responsible for inspections and enforcement. Hazardous
\vaste transport, recycling, processing and storage facjlities must comply with tne
County of Santa Clara Hazardous Waste Management Plan. Tne storage of more than
55 gallons of anyone hazardous material listed in the City's adopted Hazardous
Material Storage Ordinance shall require issuance of a conditional use permit. Such
h ___1 Me> r>ormlt c;n~l1 be valid for no more tMan one year at a time, but may be
Draft Negative Declaration
TM OJ -04
: )
01110/02
renewed on an annual basis by tne Planning Division Manager. If the Planning
Division Mana,ger determines that tllere llavebeen such problem~, tne use permit shall
become void until or unless the determination is successfully appealed ~r a new
conditional use permit is obtained. No quantity greater than 55 gallons of any material
li~ted in tne City's adopted Hazardous'Material Storage Ordinance shall be stored
witllin 400 feet of any residential zoning district or water well of the city of Gilroy_
H)/drology 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 NPDESGeneral Construction
Permit, prior to issuance of a building permit, subject to the review and apprOVed by the
Gilroy Engin'eering Division. .
11. The design of all storm drainage improvements serving the project site shallbe
provided by the developer, subjectto review and approval by the Comm.unity
Development Department, Engineering Division, prioT to the approval of any final
improvement plans. These design plans shall include, but not be limited to:
a. Calculations verifying that at least 3.12 acre-feet of wa1er detention storage will be
provided at the project site.
b. The wa1er de1ention storage shall be lined.
c. 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.
t. Sediment and pollution control facilities within the storm drainage detention
facilitie~.
1. Provisions for periodic sweeping for roadways, driveways and parking areas on
the project site.
As indicated in tne Binkley Report, the site plan snall include flood easements along the
eastern and western project site boundary. The road entering tDe project site from
Balsa Road shall include a 10Q-foot flood easement, subject to review and approval by
the Community Development Department.
Draft Ne~ative Declaration
TM 0]-04
6
01110/02
The preliminary grading plan, site plans and building designs shall be consistent with
the Binkley Report and comply with tDe City of Gilroy Flood Plain Ordinance and shall
not impede tne flow of floodwaters.
Noise
I
12. THe following language shall beincluded on any permits issued.at tDe project site,.
subject to the review and approval of tDe 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 bet-ween 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-gen~rating equipment shall be located as far as feasibly possible.
from the sensitive receptors.
Public Services
13. The project proponent snaIl prepare a landscape and irrigation plan to include, but not
be limited to the following:
a. The site plan snaIl include landscaping that will not only be asethetically-pleasing
but will also discourage graffiti. Electrical service and water services shall be
provided to tne landscaped area.
b. A funding mecnanism s'hall be provided for the maintenance landscaping.
14. I'he project proponent shall build the project frontage to City cyuTb, gutter and
sidewalk standards for a future four-lane arterial with a two-way left turn lane, to
include the striping of an interim.soutnbound left pocket and acceleration lane, subject
10 the review and approval of the City of Gilroy Engineering Division.
Date Prepared: 1 /l 0 / 02
End of Review Period: 2/04/02
Date Adopted:
William Faus
Planning Division Manager
Silicon Valley South Technology Park Mitigation Monitoring Checklist
Step 1: , Prior to approval of the Final Map, the following mitigation
measures shall be addressed:
I~
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 Meas ure 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, ifany,
are significant.
If signifjcant 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 signif)cant tree, the reason for removal, and specifications for replacing
signiflcant 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
P]anning Division.
Party Responsible for lmplementation:
Applica.nt
Party Responsible for Monitoring:
Gilroy Planning Division
Silicon Valley South Technology Park
Mitiqation 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 arteri al with a two-way left turn lane,
to include the strip~ng of an interim southbound left pocket and acceleration'
lane. Subject to the review and approval of t.he City of Gilroy Engineering
Division.
Party Responsible for Implementation:
'Applica'nt
Party Responsible for Monitoring:
Gilroy Engineering Division
Step 2: The following mitigation measures shall be implemented prior to any
Archit.ectural and Site Review approval:
Mitigation Measure 2
Prior to development on the proposed project'site, the. project proponent shaU
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 fixture$ 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 shan be
provided by the developer, subject to review and approval by the Community
Development Department, Engineering Division prior to the approval of any
fmaJ 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 water det.ention storage shall be lined;
. The 1l00dway 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 tDe storm drainage
detention facilities; and
"
Silicon Valley South Technology Park
Mitigation Monitoring Checklist
I 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 Roa.d' shall include a IOO-foot
flood easement, subject to review and approval by the Community
I~ 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
F100d 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 followrngjanguage shaUbe included on any permi.~sissued for the project
site, subjeCt to the review and approval of the Gilroy Building Division. "All
construction activities shall be limited to weekdays between 7:00AM 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 Respon.sible for Implementation:
Applicant
Party Responsible {or 1I1onitoring:
Divisions
Gilroy Building and Planning
Mitigation Measure 13
The project proponent shall prepare a landscape and irrigation plan to include,
but not be lirnited to the following:
I The site plan shall include landscaping that will not only be
aesthetically-pleasing but will also discourage graffiti. Electrical
service and water service EhaJI be provided to the landscaped area.
I A funding mechanism shall be provided for the maintenance
] an dscaping.
Party Responsible {or lmplementation:
Applicant
Party Responsible {or Monitoring:
Gilroy Planning Division
Silicon Valley South Technology Park
Mitigation Monitoring Checklist
Step 3: The following mitigation measures shan be implemented prior to
issuance of a Building Permit:
, Mitigation Measure 7.
The project propopent shall submit a soils investigation prepareq. by a qualified
soils engineer for future developments on the proposed project site. The
r~~ommendation of the soils investigation shall be incorporated into the final
building plans and shallbe 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 lmplementation: Applicant
Party Responsible {or Mon.itoring:
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 Departme~t_ Prior to cbmmencing
operations, the property operator is reqillred to suhmit information of all
ha2.ardous 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. H a2.ardous waste transport,
recycling, processing and storage facilities must comply with the County of
Santa Clara Hazardous Vvaste Management Plan. The storage of more than 55
g.allons of anyone hazardous material listed in the City's adopted Hazardous
Material Swrage 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 l\1anager. If
the Planning Division Manager determines that there have been such problems,
the use permit shall become void until or unless the deterrnination is
successfully appealed or a new conditional use permit is obtained. No quantity
greater than 55 gallons of any material hsted in the City's adopted Hazardous
Mat.erials Storage Ordinance shall be st.ored within 400 feet of any residential
zoning district or water well of the City of Gilro}'.
Party Responsible for lmplementation:
Applicant
Party Responsible for J\1onitoring:
Gilroy Chemical Control Division
Silicon Valley South Technology Par'"
Mffigation Monitoring Checklis!
Mitigation Measure 9
The applicant shall submit a Nobce of Intent (NOI) and detailed engineering
designs to the Central Coast RWQCB. This permit shall require development
and, implementation of a S\VPPP 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:
Mitigation Measure 10
Gilroy Engineering Division
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 Re~ponsible for Imple.mentation:
Applicant
Party Responsible forMonitoTing:
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 meaEures 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 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 s'....eepers) all paved access roads, parking
areas and staging areas at construction sites;
Sweep streets daily (with water sweepers) if visible soil material is
carried onto adjacent public streets.
Hydroseed or apply (non-toxic) soil stabilizers to inactive construction
areas (previously gra ded areas inactive far ten days or more);
Silicon Valley South. 7 echnology Park
Mitigation Monitoring Checklist
. 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
run,off 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 washers 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 anyone time.
Party Responsible for Implementation:
Applicant
Party Responsible fOT Monitoring:
Gilroy Engineering Division
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 arc'heologist. If the find is determined to be significant, appropriate
mitigation measures shall be formulated and implemented.
Party Responsible fOT Implementation:
Applicant
Part)' Responsible fOT Monitoring:
GilT'oy Planning Division
Mitigation Meas ure 6
In the event of an acci dental discovery or recogrution of any human remains in
any location other than a dedicated cemetery, t'he City shan ensure that thi~
lanfUage is included in a11 permits in accordance with CEQA Guidelines section
15064_5(e):
c
. .
Silicon Vallev South Technolo Park
Mitioation Monitorin Checklist
,I,
If human remains are found during construction there shall be no further
excavation or distu'rbance 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 (M:LD) from the deceased Native American. The MLD m~y
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 b~ing notified by
the commission; b) the MLD identified fails to rnake a recomm'endation; 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
7
rilv nf r:;iJrov
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2006-32 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
15th day of May, 2006, 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 2nd day of June, 2006.
~~, Ilu~.
City Clerk of the City of Gilroy
(Seal)