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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 IG801692372.1 01-050806-04706089 -1- 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 -2- 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--- IG801692372,1 01-050806-04706089 -3- 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 3 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 4 03/20/02 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 5 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 6 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 7 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" . ~ 1 ~ o .-... --"'It.............. '\............ ~'Ii T! ~ ,...."'Ii 7'..... ~-.......... ........... ,,,,,..... + uepartment C,UIJilliLlll1lY UL..VC....U1Jl!Jc;Jlt --,-.I- Planning Division Negative Deciaration City of Gilroy 7351 Ros:mnaSt. Gilroy, CA 95020 (408) 848.0440 '-." ~:l ;..in_\.. -. T;;.II' OJ u-'" ,-it:; !'4uE J~UiiilJel. .i1J - ~ 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. ;. .;. - - ..... ~ ~ PL',iP~JliJ'~nv :;.rh:~,{:~ :-:71'_"1Yf~,"r::rni:..d i.riyn:';j"i, \viH h~ iT~tl\Ju1ed ;. .......... _..~. ...._._.___ -.. .............~............~...... ."y---'-- ... ""_... ~.t:' . -: 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 ~ ~.I_ ~.I.t...:"',j .I toJ,..... .' ". .... ......~-_y ~.1 "-.I.1..~J ..... .~_..'-'....... v..' '--'.f -' .........-A-O: .....~.I- ...~..... .-_........... ..... ..Io-o"...........J ~...J........ J,,",~""""""\"'" 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)