Resolution 2006-38
RESOLUTION NO. 2006-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING AlS 06-01, AN APPLICATION
FOR ARCHITECTURAL AND SITE APPROVAL OF A
PLANNED UNIT DEVELOPMENT (PUD) FOR AN
APPROXIMATELY 153,494 SQUARE FOOT SHOPPING
CENTER AND OFFICE COMPLEX LOCATED ON
APPROXIMATELY 15.8 ACRES AT THE SOUTHEAST AND
SOUTHWEST CORNERS OF HIGHWAY 152 AND
CAMERON BOULEVARD, APN 841-17-093
WHEREAS, McCarthy Gilroy, LLC c/o Joey McCarthy, the applicant, submitted
application A/S 06-01, which is an application for architectural and site approval of a Planned
Unit Development ("PUD") for an approximately 153,494 square foot shopping center and office
complex located on approximately 15.8 acres at the southeast and southwest corners of Highway
152 and Cameron Boulevard, APN 841-17-093; and
WHEREAS, the applicant also proposes for approval the "McCarthy Business Park,
Gilroy, California, Master Sign Program" dated April 2006, as part ofthis project; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City
Council on February 22, 2000, adopted a mitigated Negative Declaration in connection with
tentative map TM 99-08 for this site, which applies to this project, along with a
Mitigation/Monitoring program; and
WHEREAS, the Planning Commission held a duly noticed public meeting May 4, 2006,
at which time the Planning Commission considered the public testimony, the staff report dated
April 27, 2006 ("Staff Report"), and all other documentation related to application A/S 06-01,
and recommended that the City Council approve the application; and
WHEREAS, the City Council held a duly noticed public meeting on May 15, 2006, at
which time the City Council considered the public testimony, the Staff Report, a follow-up Staff
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Resolution No. 2006-38
Report dated May 9, 2006 ("Follow-Up Staff Report"), and all other documentation related to
application AS 05-64; and
WHEREAS, the City Council determined that 48 conditions recommended by City Staff
III the Staff Report should be incorporated into the project, as modified by the Planning
Commission and set forth in the Follow-Up Staff Report, including that the developer shall enter
into an agreement with the City that allows for and governs public use of the "reader board" on
the freestanding pylon sign and governs use of seasonal banners; 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:
SECTION I
A. The City Council hereby adopts the findings as required by Zoning Ordinance
section 50.55 based upon substantial evidence in the entire record as described below:
The project conforms to the Gilroy General Plan in terms of general location and
standards of development in that the project is located in the Visitor Serving Commercial and
General Industrial land use categories and generally meets or exceeds development standards.
The project fills a specific need of the surrounding area because its location near
the intersection of two major highways allows it to serve commuters, pass-by travelers, and
adjacent office workers.
The project does not require urban services beyond those that are available at the
project site.
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Resolution No. 2006-38
The project provides a coherent, attractive, and harmonious plan that meets the
intent of the City's Planned Unit Development standards and policies.
The project reflects an economical and efficient use of this property because its
location near the intersection of two major highways allows it to serve commuters, pass-by
travelers, and adjacent office workers rather than generating traffic traveling solely to this site.
The project includes landscaping of 29.2 percent of the site, with 20% of the
proposed trees as 24-inch box trees, and wooden entry arbors at the intersection of Cameron
Boulevard and Highway 52, meeting the intent of the PUD ordinance.
The project exceeds minimum City design standards, utilizing aesthetic design
principles to create an attractive development that is compatible with the character of
surrounding areas.
The project will capture commuters and other pass-by travelers rather than
general traffic traveling solely to this site, and therefore, the project as mitigated does not create
traffic congestion, noise, odor or other adverse effects on surrounding areas.
The project provides adequate access, parking, landscaping, trash areas and
storage.
B. Application A/S 06-01, including the "McCarthy Business Park, Gilroy,
California, Master Sign Program" dated April 2006, should be and hereby is approved subject to
the forty-eight (48) conditions entitled "MCCARTHY SHOPPING CENTER (A/S 06-01)
FINAL CONDITIONS OF APPROVAL" attached hereto as Exhibit A, and subject to the
thirty (30) conditions in the mitigated negative declaration attached hereto as Exhibit B, which
exhibits are incorporated herein by this reference.
PASSED AND ADOPTED this 5th day of June, 2006, by the following vote:
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Resolution No. 2006-38
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
;J..
'- .. :~r, u-d/L&b.
Rhonda Pellin, City Clerk
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BRACCO, CORREA, GARTMAN, VALIQUETTE,
and PINHEIRO
ARELLANO
VELASCO
APPROVED:
~---
~....
----
. · lbert Pinheiro, Mayor
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Resolution No. 2006-38
EXHIBIT A
McCARTHY SHOPPING CENTER
(A1S 06-01)
FINAL CONDITIONS OF APPROVAL
Plannin2 (contact Melissa Durkin at (408) 846-0440, Melissa.Durkin@cLgilroy.ca.us)
1. Mitigation Measures 1 through 30 contained within the initial study for this project shall be applied
to the approval of the project. This shall be subject to the review and approval of the Planning
Division.
2. Future development on this site will be subject to a staff-level Architectural & Site Review if it is
substantially consistent with the approval of this PUD Architectural & Site Review. All buildings
within this development shall contribute to a complementary and cohesive architectural design
throughout this development. This condition shall be subject to Planning Division review and
approval.
3. Landscaping: Landscaping plans including specifications for an irrigation system shall be approved
by the Planning Division in accordance with the adopted Consolidated Landscaping Policy, prior to
issuance of a building permit. The landscaping shall be continuously maintained in an orderly, live,
healthy, and relatively weed-free condition, in accordance with the adopted Consolidated
Landscaping Policy and the approved specific landscape plan.
4. All landscaped areas adjacent to parking and/or paved areas shall be separated by a raised protective
curbing to meet minimum City standards, subject to review and approval of the Planning Division.
5. Landscaping under the high voltage power lines shall meet PG&E requirements. The developer
shall provide evidence of compliance prior to building permit issuance.
6. The applicant shall provide colored, decorative pavement as shown on the landscaping plan.
7. The developer shall enter into a contract with the City that specifies the following:
a. The developer or proponent of the banners shall be required to obtain an encroachment
permit from the Engineering Division prior to erecting seasonal banners each time the
banners are erected.
b. The seasonal banners shall be consistent with the other banners erected in the public right-
of-way throughout the City.
c. The shopping center operator shall allow public use of the "reader board" (changing
display) on the freestanding pylon sign.
The developer shall pay for the administrative and attorneys' costs to prepare the contract. The
final contract shall be subject to review and approval by the City Council prior to construction of
the "reader board" portion of the pylon sign.
McCarthy Shopping Center
Final Conditions of approval
2
5/16/06
8. All signage shall be installed in accordance with the approved McCarthy Business Park Master
Sign Program.
9. Trash Enclosures: All trash enclosures shall comply with the approved Design Guidelines, and
shall consist of visually solid fences and gates, six (6) feet in height, in accordance with the adopted
City of Gilroy standard trash enclosure design plan, or a similar design approved by the Planning
Division. All trash enclosures shall be located in accordance with the approved site plan and
Uniform Fire Code. In addition, recycling areas must be provided within the trash enclosures, in
accordance with the following regulations:
A. Areas for recycling shall be adequate in capacity, number, and distribution to serve the
development project.
B. Dimensions of the recycling area shall accommodate receptacles sufficient to meet the
recycling needs of the development project.
C. An adequate number of bins or containers to allow for the collection and loading of recyclable
materials generated by the development project should be located within the recycling area.
10. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward from the
site toward any residential use or public right-of-way. This is subject to the review and approval of
the Planning Division.
11. Mechanical Appurtenances: Mechanical equipment to be located on the roof of a building shall be
screened by an architectural feature of the building such that it cannot be seen from ground level at
the far side of the adjacent public right-of-way, whenever possible. This is subject to the review
and approval of the Planning Division.
12. Building colors shall be earth tones subject to Planning Division approval.
13. The applicant shall widen the northern most driveway on the west side of Cameron boulevard to
meet City access standards.
En2ineerin2 (contact Kristi Abrams at (408) 846-0450, at Kristi.Abrams@ci.gilroy.ca.us)
14. Submit an underground electrical plan. All transformers and switch gear shall be underground.
This condition shall be included as a note on the building plans and improvement plans.
15. Provide an erosion control plan.
16. Additional on-site stop controls may be required, subject to determination by the Engineering
Division.
17. Erosion control must be placed during construction
McCarthy Shopping Center
Final Conditions of approval
3
5/16106
18. Off-site construction and on-site construction requiring inspection by Engineering Staff shall be
limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. Construction can be allowed
outside these hours with prior written approval of the City Engineer and the additional payment for
overtime wages expended by the City to accommodate inspection outside the 8 - 5 Monday through
Friday time period.
19. Provide concrete truck wash area on the erosion control plan.
20. Show all utilities on the street and profile the storm and sewer on-site.
21. Provide a separate landscape meter.
22. Provide an on-site lighting plan.
23. Locate catch basins at rear of property out side of easement.
24. Certification of Erosion Control Plan is needed prior to October 15th.
25. Certification of grades and compaction required prior to paving (add to general notes on the title
sheet of plans).
26. Certification of improvements on site plan required prior to Building final (add to general notes
on the title sheet of plans).
27. If the project has excess cut or fill that will be on- or off-hauled to a site within the city limits of
Gilroy, an additional permit is required (add to general notes).
28. Section 21.120 Undergrounding required with new streets. 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 (Ord. #89-17, & 2, 10-
16-89).
29. Installation of underground utility lines, etc.: exceptions. 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 Article
V of this chapter starting with section 21.111 (Ord. #81-11, & 1,3-16-81; Ord. #89-17, & 1, 10-16-
89).
McCarthy Shopping Center
Final Conditions of approval
4
5/16/06
Fire Department (contact Jackie Bretschneider at (408) 846-0430, Jacqueline.Bretschneider@ci.gilroy.ca.us)
Fire Conditions
30. All buildings shall have a fire sprinkler system installed. Fire sprinkler systems shall meet NFP A
13 and be designed to a minimum of 1.18/3,000 gpm or with a greater density for high piled storage
and non retail uses. Interior risers required, and there shall be an exterior door within 20 ft of each
riser. Each building shall have a Fire Department Connection (FOC) located away from the
building and near the street or driveway.
31. 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
32. Hydrants, FDC and PlY to be at locations approved by the Fire Marshal. Sprinkler Risers shall
be inside. Fire Department Connection shall be within 40 ft of a public hydrant and hydrant to
be on the same side of the fire access road as the FOC. A double detector check shall isolate
the Fire Protection system from the public main. Any variation shall be made on an application
for a review and approval by the Fire Chief.
33. 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. The loop shall be isolated
from the public main by DDC. Internal fire lines to buildings shall be isolated by single check
valves.
34. All buildings shall have fire engine access around buildings. Roads shall provide an inside turn
radius of32 and outside radius of39'. Fire access roads greater than 150 ft shall be provided with a
turnaround using the Gilroy Fire Department template. Fire access shall not be less than 20 ft in
width. Fire access to be reviewed and approved by Fire Prevention.
a. Correction: There are buildings that do not provide good fire access and/or provide for a fire
turn around. Buildings with open spaces less than 20 ft do provide good Fire or Police access.
It is more desirable to have no access behind a building then an access of less than 20 ft.
Revise buildings orientation or location to provide full access or no open spaces.
35. Any building over 50,000 sq. ft shall have an exterior roof access ladder.
36. Any building over 10,000 sq.ft shall have a test performed prior to final to determine if public
safety radios will function. If not the building shall be provided with an internal
repeater/transmitter for public safety.
McCarthy Shopping Center
Final Conditions of approval
5
5/16/06
37. Any building with a specific tenant shall submit plans and information regarding high piled storage,
rack storage, storage of combustible commodity, hazardous materials and any processes regulated
by the Uniform Fire Code as adopted by the Gilroy Municipal Code. Such plans shall be approved
prior to Certificate of Occupancy.
38. All Buildings and uses shall comply with the California Building Code, California Fire Code, as
amended by the City of Gilroy, and the Uniform Mechanical, Electrical, and Plumbing Codes.
Hazardous Materials Standard Conditions:
39. Any use of hazardous materials shall be in conformance with the California Fire Code as adopted
by the City of Gilroy and the City's Hazardous Materials Storage Ordinance. Information, plans,
and a list of hazardous materials shall be provided to the Chemical Control Program prior to
building permit issuance for determination of requirements. Businesses are required to maintain
hazardous materials storage permit (annual renewal).
40. A separate permit is required for the installation of tanks (above and underground), vessels, process
equipment, or storage facilities for hazardous materials and/or hazardous wastes. Plans,
specifications and details shall be provided for plan review and approval by Chemical Control.
41. Emergency Generators require separate plan review and permit. Fuel tanks shall meet the UFC
article 79 and 80 requirements.
42. Aboveground Flammable and Combustible Liquid Tanks and Propane Tanks are not allowed in
the following zoning districts: RH, Rl, R2, R3, R4, PO, Cl, C2, and C3.
43. All automotive repair work shall be done in a garage/under cover conforming to the Fire and
Building Code for such operations.
Industrial WastelPretreatment:
44. All new industrial buildings shall have a sewer test manhole installed on the property (see City
Specifications) and in an area that can be readily accessed by an inspector, (minimum of one for
each building). For tenants with industrial waste treatment systems, a separate sewer test manhole
shall be required.
45. Kitchens/Cooking facilities: All cooking facilities shall be provided with a grease trap or clarifier,
sized for the anticipated flows. No garbage disposals are allowed. Stand-alone restaurants, fast
food, and restaurants with seating for 100 or more shall have a minimum 1500 gallon buried
interceptor.
46. An industrial waste discharge permit is required from the Chemical Control Program prior to any
industrial waste water discharge to the Sanitary Sewer System. The permit shall be maintained and
renewed as required.
McCarthy Shopping Center
Final Conditions of approval
6
5/16/06
Community Services (contact Carla Ruigh at (408) 846-0460, Carla.Ruigh@cLgiIroy.ca.us)
47. Backflow devices must be provided, subject to the review and approval of the Water Division.
48. The developer shall be required to install street trees according to the Consolidated Landscaping
Policy. The developer will be required to obtain a Street Tree Permit prior to installation of the
trees. This shall be subject to the review and approval of the Community Services Division.
EXH'BiT B
Community Development Departm.ent
Planning Division
Negative Declaration
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
(408) 848-0440
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City File Number: TM 99-08
November 24, 1999
(Revised January 6, 2000)
Project Description'
Name of Project:
Nature of Project:
Wellington Business Park
Request to subdivide approximately 104 acres into 21 industrial parcels
ranging from 2.7 to 10.9 acres.
Project Location
Location:
Assessor's Parcel #:
South side of Highway 152, north of and east ofSilacci Way.
841-17-080 and 841-17-004
Entity or Person(~ Undertaking Proj~ct
Name:
Address:
Wellington Corporation e/o Glenn Pace)
275 Tenant Avenue, Ste. 102, Morgan Hill, CA 95037
Initial Study
An expanded Initial Study of this project was undertaken and prepared for the purpose of ascertaining
whether this project might have a significant effect on the environment. A copy of this study is on file
at the City of Gilroy Planning Division, 7351 Rosanna Street, Gilroy, CA 95020.
Findings & Reasons
The Initial Study identified potentially significant effects on the environment. However, this project has
been mitigated (see Mitigation Measures below which avoid or mitigate the effects) to a point where no
significant effects will occur. There is no substantial evidence the project may have a significant effect
on the environment. The following reasons will support these findings:
1. The proposal is a logical component of the existing and potential land use of this area.
2. Potentially adverse impacts are proposed to be mitigated.
3. The proposed project is consistent with the adopted goals and policies of the Gilroy General Plan.
4. The Initial Study was independently reviewed by City staff, and this Negative Declaration reflects
the independent judgement of the City of Gilroy.
Draft Negative Declaration
TM 99-08
2
11124/99 (revised 1/06/00)
Mitiga..tion Measures
1. All future project plans shall contain a notice requiring that all applicable BAAQMD construction and operational
impact emission control measures pertinent to the Basic Control Measures and Enhanced Control Measures, as
indicated in the BAAQMD CEQA Guidelines, be implemented.
2. All future project plans shall indicate preferential parking spaces for carpool and vanpool vehicles, and provide
weather-protected bicycle parking for employees.
3. Future bus stdps shall include all-weather protective -space designed to stay dry during periods of inclement
weather.
4. Refer to mitigations 1 - 3.
5. Refer to mitigations 1 - 3.
6. Future development plans shall submit a Notice of Intent to the Central Coast RWQCB prior to obtaining a grading
permit from the city. This permit will require development and implementation of a Storm Water Pollution
Prevention Plan (SWPPP) that uses storm water "Best Management Practices" (BMP) to control runoff, erosion
and sedimentation from the site. The SWPPP has two major objectives: (1) to help identify the sources of
sediments and other pollutants that affect the quality of storm water discharges, and (2) to describe and ensure
the implementation of practices to reduce sediment and other pollutants in storm water discharges. The SWPPP
must include BMP, which address source reduction and, if necessary, shall include practices, which require
treatment Integral to the NOI process is submittal of engineering designs. The SWPPP will be submitted to the
City Engineering Division and the Santa Clara Valley Water District for review and approval prior to approval of the
final map.
7. Due to the possibility that significant buried cultural resources might be found during construction, the following
language shall be included in all permits issued for the project site, including, but not limited to building permits
for the future development, pursuant to the review and approval of the City Planning Division:
"If archaeological resources or human remains are discovered during construction, work shall be halted at
minimum of 200 feet from the find and the area shall be staked off. The project developer shall notify the
coroner or the Director of the Archaeological Regional Research Center. If the find is determined to be
significant, appropriate mitigation measures shall be formulated and implemented:
8. As a construction implementation step for all future development on the project site, the project proponent shall
have a soils investigation completed by a qualified soils engineer subject to review and approval by the Gilroy
Community Development Department. Recommendations from this investigation shall be incorporated into the
final improvement plans for all future development on the project site, and shall be subject to the review and
approval of the City Building Department prior to the issuance of a building permit.
9. Future development on the project site should be undertaken during the dry season (April 15 to October 15). If
construction is undertaken during the wet season (October 15 to April 15) or any portion thereof, the project
proponent shall prepare an erosion control plan subject to the review and approval by the Gilroy Community
Development
10. Refer to mitigation measure 8.
11. A qualified soils engineer shall prepare a soil investigation for the project. The recommendation of the soils
investigation shall be incorporated into the final map and shall be reviewed and approved by the Gilroy Engineering
Division prior to approval of the final map. .
12. Implement mitigation measure 8.
Draft Negative Declaration
TM 99-08
3
11124/99 (revised 1/06/00)
13. Prior to future development, the project proponent shall be required to submit a detailed storm drainage
improvement plan for the project site and construct improvements specified in the plan. The plan shall include
design and specification fer the on-site storm drainage system and all off-site storm drainage improvements. The
type, size, and location of all infrastructure improvements shall be determined by the Engineering Division prior
to issuance of a building permit. The plan shall include, but not be limited to the following:
a. On the eastem portion of the project site, the project proponent shall design a regional retention pond, a
series of detention ponds, or other approved method, to detain surface water run-off and ensure that storm
water runoff from the proposed site does not increase and to accommodate the City of Gilroy's Master Storm
Drain DeSIgn. The floodwater flow paths created, by lot grading, as well as the location, configuration, and
construction of indMdual buildings, should not exceed a 50 percent reduction in the existing hydraulic
conveyance capacity across the parcel. Use of landscape berms and/or raised parking areas shall be
prohibited.
b. The drainage from the parking areas and roads shall use a comprehensive non-point source treatment
system of vegetated drainage swales or a filter system prior to entering the storm drain system.
c. Any storm drainage detention facilities shall also provide sediment control facilities.
14. The developer shall provide on-site drainage easements for the regional detention pond and all City of Gilroy storm
drainage facilities discharging into and out of the facility. This shall be completed prior to issuance of a building
permit and shall be subject to review and approval by the Engineering Division.
15. Future development shall construct finished floor elevations at least one foot above the 100-year flood elevation
as delineated on the current Flood Insurance Rate Maps (FIRM) produced by the Federal Emergency
Management Agency (FEMA) subject to the review and approval of the City of Gilroy Engineering Building, Ufe
and Environmental Safety Division prior to issuance of a building permit.
16. Future Development shall be required to apply for and obtain a "General Permit for Storm Water Discharge
Associated with Construction Activity" from the regional Water Quality Control Board if the amount of land to be
disturbed is five or more acres prior to issuance of a building permit for each individual future project.
17. Future development adjacent to or within the vicinity of the Princevalle Storm Drain shall be required to obtain a
district encroachment permit from the Santa Clara Valley Water District prior to issuance of a building permit for
the project.
18. Future development shall obtain a special flood hazard development permit prior to construction from the
Engineering Division in addition to all federal, state and local permits necessary for future development prior to
issuance of a building permit. The development permit application shall include the following:
a. Proposed elevation in relation to mean sea level, or the lowest floor (including basement) of all structures;
b. Proposed elevation in relation to mean sea level to which any structure will be flood-proofed;
c. Certification of a registered professional engineer or architect that the flood-proofing methods for any non-
residential structure meet criteria in Section 5 of the Floodplain Management Ordinance; and
d. A description of the extent to which any water course will be altered or relocated as a result of future
development .
19. If the proposed project proposes to connect or construct mains for the storm drain system in a different place than
iIs basin has been modeled for in the City of Gilroy Storm Drainage Master Plan, the developer shall pay the city's
consultant the required fees to re-run the modeled system. These fees shall be paid prior to issuance of a building
permit.
20. Refer to mitigation measures 13-19.
21. Refer to mitigation measure 6.
Draft Negative Declaration
TM 99-08
4
11124/99 (revised 1/06/00)
22. Refer to mitigation measures 13-19
23. The applicant shall install a traffic signal at the US'1 01 northbound ramps and Highway 152.
24. I..stall c!l tlC~ffk, ~;Yllc!ll at the 3i1c!lcc.i '9'Va., alld IligJ.wa., 1S2 ;I.ter~ectioh. The ilhp,Ollelln:mt& tv I tighWay 1 S2,
dg5"rib~d h I tile rullow'ng 111;tig&!ltion~, ,,,;11 ill II-" UVCi tile; level or ~el ii(,t; to cl<..vgptable lev61~ y~ltel, the
;"tb,,,e,-,tio,.-i!,-i:)~gnala.ed. Tile ",u~lla"c_geu'l,et'J. a&.r ",aiy6tiu" iI"p.ovc;",er.b will be MO g~.,tbolll.d
tluouyt. lall~~. UII6 ea;ltt,uulld right-turn talto, tWY() w6stbound tlnoagh lah6$, one Y"v~tt.utlnd left-t\llll IGr,g, Vile
hurtl.bcdlld left-ltun lang, ~lId urn::; "u,'lt.bou"J right-ti:Jrn 14..6. This. 11I;"atiulI ~t.all be revie."ed ah<.l appluved
bi C.slt. all~. - ;,--
The applicant shall enter into a deferred agreement pertaining to the intersection of Silacci Way and
Highway 152. The deferred agreement shall contain the following:
The developer shall construct the intersection of Silacci Way and Highway 152 as a right-in, right-out
and left-in to Silacci Way and to monitor this intersection yearly for signal warrants. Once signal
warrants are projected to be met, the developer shall install a temporary signal at the intersection of
Silacci Way and Highway 152, providing full access. This signal shall stay in place until such time as
the connection of Camino Arroyo is made at Highway 152 and the roadway network provides access
from the proposed project to Camino Arroyo. At this time the developer of the proposed project shall
remove the signal at Silacci and reconstruct the intersection to the ultimate configuration of right-in,
right out and left into Silacci. All costs for intersection monitoring, signal installation, signal removal
and reconstruction (including design and construction management) shall be bome by the developer.
25. The applicant proposes to construct this intersection as part of the project. Caltrans peak-hour volumes are
high enough to warrant a traffic signal, therefore, the intersection shall also be signalized when it is built.
Highway level-ot-service improvements will require the addition of an eastbound and westbound through lane
at this intersection. The final lane geometry after mitigation improvements will be two eastbound through
lanes, one eastbound right-turn lane, two westbound through lanes, one westbOund left-turn lane, two
northbound left-turn lanes, and one northbound right-turn lane. This mitigation shall be reviewed and
approved by Caltrans.
26. The applicant shall install a temporary traffic signal at the Brem LanelRenz Lane and Highway 152
intersection. This intersection will be removed under cumulative conditions with the construction of Camino
Arroyo to Highway 152. This mitigation shall be reviewed and approved by Caltrans.
27. The applicant shall extend the existing westbound left-turn pocket an additional 20 feet and extend the existing
westbound left-tum pocket an additional 75 feet. There is approximately 135 feet between the end of the
westbound left-turn pocket and the railroad crossing, therefore, the extended pocket can be accommodated.
The westbound left-turn pocket improvement can be made by restriping the existing turn pocket. With
implementation of this improvement, the storage capacity for westbound and southbound left turns would
adequately accommodate the estimated maximum vehicle queues tor those movements during the peak
hours. This mitigation is subject to review and approval by the Gilroy Engineering Division.
28. The applicant shall add a second southbound left-turn lane. This improvement is superior to simply extending
the existing turn-pocket because it would minimize green time on Chestn~ Street allowing for better
progression for the coordinated signal system on Tenth Street. With implementation ot this improvement, the
storage capacity tor southbound left tums would adequately accommodate the estimated maximum vehicle
queues for this movement during the peak hours. The final lane geometry for the north approach after
mitigation improvements will be one through/right-tum lane, one through lane and two left-turn lanes. The
other approaches will remain unchanged from background conditions. This mitigation is subject to review and
approval by the Gilroy Engineering Division.
29. The applicant shall add a second 1 DO-toot westbound left-turn lane under project A conditions or add a
second 120-toot westbound left-turn lane under project Band C conditions. With the implementation of this
improvement, the storage capacity for westbound left turns would adequately accommodate the estimated
maximum vehicle queues for this movement during the peak hours. The final lane geometry for the east
approach after mitigation improvements will be two through lanes and two left-tum lanes. The other
approaches will remain unchanged from background conditions.
Draft Negative Declaration
TM 99-08
5
11/24/99 (revised 1/06/00)
30. One lane in each direction should be added to the segment of Highway 152 fronting the project site. The lanes
would be added over an approximate 5,500-foot section of Highway 152 and would begin at the lane drops
near Brem LanelRenz Lane and continue eastward where they would transition back to two lanes before the
Uagas Creek bridge.
Date Prepared: 11/24/99 (revised 1/06/00)
End of Review Period: 12/28/99
~- J."'-
Date Adopted:
William Faus
Planning Division Manager
Wellington Business Park Subdivision Initial Study
Mitigation Monitoring Program
Introduction
On Jar:!u"ary 1, 1989, the California State Legislature passed into law Assembly Bill
3180. This bill requires public agencies 10 adopt reporting or monitoring programs
when they approve projects subject to an environmental impact report or a negative
declaration that includes mitigation measures to avoid significant adverse
environmental effects. The reporting or monitoring program is to be designed to .
ensure compliance with conditions or project approval during project implementation
in order to avoid significant adverse environmental effects identified in the
environmental review process.
This monitoring program is designed to provide a mechanism to ensure that
mitigation measures and subsequent conditions of project approval are
implemented.
Monitoring Program
The bases for this monitoring program are the mitigation measures included in the
initial study/negative declaration. These mitigation measures are designed to
eliminate or reduce significant adverse environmental effects to levels of
insignificance. These mitigation measures become conditions of project approval,
which the project proponent is required to complete during and after implementation
of the proposed project.
The attached checklist is proposed for monitoring the implementation of the
mitigation measures. This monitoring checklist contains all appropriate mitigation
measures in the initial study/negative declaration.
Monitoring Program Procedures
It is required that the City of Gilroy use the attached monitoring checklist for the
proposed project. The monitoring program should be implemented as follows:
1. The City of Gilroy Planning Division should be responsible for coordination of
the monitoring program, including the monitoring checklist. The Planning Division
should be responsible for completing the monitoring che~klist and distributing the
checklist to the responsible individuals or agencies for their use in monitoring the
mitigation measures.
2. Each responsible individual or agency will then be responsible for
determining whether the mitigation measures contained in the monitoring checklist
Golden State Plonning and Environmental Consulting
MMP-l
WeUington Business Park Initial Study
Mitigation Monitoring Program
have been implemented. Once all mitigation measures have been complied with,
the responsible individual or agency should submit a copy of the monitoring
checklist to the City of Gilroy Planning Division to be placed in the project file. If a
mitigation measure has not been complied with, the monitoring checklist should not
be returned to the Planning Division.
3. Before issuance of an occupancy permit, the Planning Division should review
the checklist to ensure that all mitigation measures and additional conditions of
project approval included in the monitoring checklist have been implemented. An
occupancy permit should not be issued until all mitigation measures and additional
conditions of project approval included in the monitoring checklist have been
implemented.
4. If a responsible individual or agency determines that a non-compliance has
occurred, a written notice should be delivered by certified mail to the project
proponent within 10 days, with a copy to the Planning Division, describing the non-
compliance and requiring compliance within a specified period of time. If a non-
compliance still exists at the expiration of the specified period of time, construction
may be halted and fines may be imposed at the discretion of the City of Gilroy.
Golden State Planning and Environmental Consulting.
1.2
Wellington Business Park Initial Study
Mitigation Monitoring Program
Mitigation Monitoring Checklist A
Before approval of the Final Map, the following mitigation me';lsures shall be
. I t d
Impl emen e .
Mitigation Mitigation Party Party
Number Responsible for Responsible for
Implementation Monitoring
-- ~-.-- NOT APPLICABLE
Mitigation Monitoring Checklist B
Before issuance of a Gradina/Buildina Permit, the following mitigation
measures shall be implemented.
Mitigation
Number
3
4
Mitigation
1
All future project plans shall
contain a notice requiring that all
applicable BAAQMD construction
and operational impact emission
control measures pertinent to the
Basic Control Measures and
Enhanced Control Measures, as
indicated in the BAAQMD CEQA
Guidelines, be implemented.
Party Party
Responsible for Responsible for
Implementation. Monitoring
Applicant
Community
Development
Department
2
All future project plans shall
indicate preferential parking
spaces for carpool and vanpool
vehicles, and provide weather-
protected bicycle parking for
employees.
Applicant
Community
Development
Department
Future bus stops shall include all-
weather protective space designed
to stay dry during periodS of
inclement weather.
Refer to mitigations 1 - 3.
Applicant -
Community
Development
Department
Applicant
Community
Development
Deoartment
Golden State Planning and Enlrironmental Consulting.
1-3
Wellington Business Park Initial Study
5
Refer to mitigations 1 - 3
6
Future development plans shall
submit a Notice of Intent to the
Central Coast RWQCB prior to
obtaining a grading permit from
the city. This permit will require
development and implementation
of a Storm Water Pollution
Prevention Plan (SWPPP) that -
uses storm water "Best
Management Practices" (BMP) to
control runoff, erosion and
sedimentation from the site. The
SWPPP has two major objectives:
(1) to help identify the sources of
sediments and other pollutants
that affect the quality of storm
water discharges, and (2) to
describe and ensure the
implementation of practices to
reduce sediment and other
pollutants in storm water
discharges. The SWPPP must
include BMP, which address
source reduction and, if necessary,
shall include practices, which
require treatment. Integral to the
NOI process is submittal of
engineering designs. The SWPPP
will be submitted to the City
Engineering Division and the
Santa Clara Valley Water District
for review and approval prior to
approval of the final map.
j.'-
7
Due to the possibility that
significant buried cultural
resources might be found during
construction, the following
language shall be included in all
permits issued for the project site,
including, but not limited to
building permits for the future
development, pursuant to the
review and approval of the City
Planning Division:
-If archaeological resources or
human remains are discovered
during construction, work shall be
halted at minimum of 200 feet
from the find and the area shall be
staked off. The project developer
shall notify the coroner or the
Applicant
Applicant
Applicant
Mitigation Monitoring Program
Community
Development
Department
Community
Development
Department
City of Gilroy
Planning Division
Golden Stats Planning and Environmental Consulting.
1-4
WeUington Business Park Initial Study
Mitigation Monitoring pf.owam
Director of the Archaeological
Regional Research Center. If the
find is determined to be
significant, appropriate mitigation
measures shall be formulated and
implemented. ·
8 As a construction implementation Applicant Community
step for all future development on Development
the project site, the project Department
.. !'-~~ proponent shall have a soils
investigation completed by a .-
qualified soils engineer subject to
review and approval by the Gilroy
Community Development
Department. Recommendations
from this investigation shall be
incorporated into the final
improvement plans for all future
development on the project site,
and shall be subject to the review
and approval of the City Building
Department prior to the issuance
of a building permit.
9 Future development on the project Applicant Community
site should be undertaken during Development
the dry season (April 15 to October Department
15). If construction is undertaken
during the wet season (October 15
to April 15) or any portion thereof,
the project proponent shall prepare
an erosion control plan subject to
the review and approval by the
Gilroy Community Development
Department prior to the issuance
of a grading permit. The erosion
control plan shall include the
following information:
a. Measures for contrOlling
erosion during construction of
the proposed project, including
contractor specifications,
detention basins to hold pre-
development run-off volumes
for a 1 OO-year storm event,
reseeding of disturbed areas,
and periodic watering during
excessive winds.
b. Measures for controlling
. erosion after construction of the
project site, including reseeding
of disturbed areas.
10 Refer to Mitigation Measure 8. Applicant Community
Golden State Planning and Environmental Consulting.
1-5
Wellington Business Park Initial Study
Mitigation Monitoring Program
Development
Department
11 A qualified soils engineer shall Applicant Engineering Division
prepare a soil investigation for the
project. The recommendation of
the soils investigation shall be
incorporated into the final map and
- ~''- shall be reviewed and approved by
the Gilroy Engineering Division -
prior to aooroval of the final map.
12 Implement mitigation measure 8 Applicant Community
Development
DeDartment
13 Prior to future development, the Applicant Engineering Division
project proponent shall be required
to submit a detailed storm
drainage improvement plan for the
project site and construct
improvements specified in the
plan. The plan shall include
design and specification for the
on-site storm drainage system and
all off-site storm drainage
improvements. The type, size,
and location of all infrastructure
improvements shall be determined
by the Engineering Division prior
to issuance of a building permit.
The plan shall include, but not be
limited to the following:
a. On the eastern portion of the
project site, the project
proponent shall design a
regional retention pond. a
series of detention ponds, or
other approved rt:'ethod, to
detain surface water run-off and
ensure that storm water runoff
from the proposed site does not
increase and to accommodate
the City of Gilroy's Master
Storm Drain Design. The
floodwater flow paths created
by tot grading, as well as the
location, configuration, and
construction of individual
buildings, should not exceed a
50 percent reduction in the
existing hydraulic conveyance
capacity across the parcel. Use
of landscape berms and/or
raised oarkina areas shall be
Golden State Planning and Environmental Consulting,
1-6
Wellington Business PllJ'k Initial Study
Mitigation Monitoring Program
prohibited.
b. The drainage from the parking
areas and roads shall use a
comprehensive non paint source
treatment system of vegetated
drainage swales or a filter
system prior to entering the
storm drain system.
c. Any storm drainage detention
facilities shall also provide
sediment control facilities.
, -
14 The developer shall provide on- Applicant Engineering Division
site drainage easements for the
regional detention pond and all
City of Gilroy storm drainage
facilities discharging into and out
of the facility. This shall be
completed prior to issuance of a
building permit and shall be
subject to review and approval by
the Engineering Division.
15 Future development shall . Engineering Division
construct finished floor elevations
at least one foot above the 100-
year flood elevation as delineated
on the current Flood Insurance
Rate Maps (FIRM) produced by
the Federal Emergency
Management Agency (FEMA)
subject to the review and approval
of the City of Gilroy Engineering
Building, Life and Environmental
Safety Division prior to issuance of
a building permit.
16 Future Development shall be Community
required to apply for and obtain a Development
"General Permit for Storm Water Department
Discharge Associated with
Construction Activity" from the
regional Water Quality Control
Board if the amount of land to be
disturbed is five or more acres
prior to issuance of a building
permit for each individual future
project. -
17 Future development adjacent to or Community
within the vicinity of the Development
Princevalle Stonn Drain shall be Department
required to obtain a district
encroachment pennit from the
Santa Clara Valley Water District
prior to issuance of a building
pennit for the project.
Golden State Planning and Environmental Consulting.
1-7
Wellington Business Park Initial Study
Mitigtztion Monitoring Prowam
18 Future development shall obtain a Community
special flood hazard development Development
permit prior to construction from Department
the Engineering Division in
addition to all federal, state and
local permits necessary for future
development prior to issuance of a
building permit. The development
permit application shall include the
following:
j.':'- -
a. Proposed elevation in relation
to mean sea level, or the lowest
floor (including basement) of all
structures;
b. Proposed elevation in relation
to mean sea level to which any
structure will be floodproofed;
c. Certification of a registered
professional engineer or
architect that the floodproofing
methods for any non-residential
structure meet criteria in
Section 5 of the Floodplain
Management Ordinance; and
d. A description of the extent to
which any water course will be
altered or relocated as a result
of future development.
19 If the proposed project proposes to Engineering Division
connect or construct mains for the
storm drain system in a different
place than its basin has been
modeled for in the City of Gilroy
Storm Drainage Master Plan, the
developer shall pay the city's
consultant the required fees to re-
run the modeled system. These
fees shall be paid prior to issuance
of a building permit.
20 Refer to mitigation measures 13- Community
19. - Development
Department
21 Refer to mitigation measure 6. Community
Development
Deoartment
22 Refer to mitigation measures 13- Community
19 Development
Deoartment
Golden State Planning and Environmental Consulting.
1-8
Wellington Business Park Initial Study
Mitigation Monitoring Program
Mitigation Monitoring Checklist C
Before issuance of an Occupancy Permit, the following mitigation measures
shall be implemented.
Mitigation Mitigation Party Party
Number Responsible for Responsible for
i-'~ Implementation Monitoring
23 The applicant shall install a traffic Applicant Engineering Division
signal at the US 101 northbound
ramps and Highway 152.
24 The applicant shall enter into a Applicant Eng ineering Division
deferred agreement pertaining to
the intersection of Silacci Way and
Highway 152. The deferred
agreement shall contain the
following:
The developer shall construct the
intersection of Silacci Way and
Highway 152 as a right-in, right-out
and left-in to Silacci Way and to
monitor this intersection yearly for
signal warrants. Once signal
warrants are projected to be met,
the developer shall install a
temporary traffic signal at the
intersection of Silacci Way and
Highway 152, providing full
access. Thi~ signal shall stay in
place until such time as the
connection of Camino Arroyo is
made at Highway 152 and the
roadway network provides access
from the proposed project to
Camino Arroyo. At this time the
developer of the proposed project
shall remove the signal at Silacci
and reconstruct the intersection to
the ultimate configuration of right-
in, right-out and left into Silacci.
All costs for intersection
monitoring, signal installation, -
signal removal and reconstruction
(including design and construction
management) shall be borne by
the developer.
Golden State Planning and Environmental Consu/Jing.
MMP-9
WeUington Business Park Initial Study
Mitigation Monitoring Program
25 The applicant proposes to Applicant Engineering Division
construct this intersection as part
of the project. Caltrans peak-hour
volumes are high enough to
warrant a traffic signal, therefore,
the intersection shall also be
signalized when it is built. Highway
level of service improvements will
require the addition of an
eastbound and westbound through
-' iO:'" lane at this intersection. The final
lane geometry after mitigations
improvements will be two
eastbound through lanes, one
eastbound right-turn lane, two
westbound through lanes, one
westbound left-turn lane, two
northboundleft~urnlanes, and
one northbound right-turn lane.
This mitigation shall be reviewed
and approved by Caltrans.
26 The applicant shall install a Applicant Engineering Division
temporary traffic signal at the
Brem Lane/Renz Lane and
Highway 152 intersection. This
intersection will be removed under
the general plan buildout scenario
with the construction of Camino
Arroyo to Highway 152. This
mitigation shall be reviewed and
approved by Caltrans.
27 The applicant shall extend the Applicant Engineering Division
existing westbound left-turn pocket
an additional 20 feet and extend
the existing westbound left-turn
pocket an additional 75 feet.
There is approximately 135 feet
between the end of the westbound
left-tum pocket and the railroad
crossing, therefore, the extended
pocket can be accommod~ted.
The westbound left-turn pocket
improvement can be made by
restriping the existing turn pocket.
With implementation of this
improvement, the storage capacity
for westbound and southbound left
turns would adequately
accommodate the estimated
maximum vehicle queues for
those movements during the peak
hou_rs. This mitigation is subject to
review and approval by the Gilroy
Engineering Division. This
mitigation is subject to review and
approval by the Gilroy Engineering
Division.
Golden StJlte Planning and Environmental Consulting.
MMP-IO
WeUinRton Business Park Initial Study Miti~ation Monitoring Program
28 The applicant shall add a second Applicant Engineering Division
southbound left-tum lane. This
improvement is superior to simply
extending the existing turn-pocket
because it would minimize green
time on Chestnut Street allowing
for better progression for the
coordinated signal system on
Tenth Street. With the
implementation of this
improvement, the storage capacity
.. i'-- for southbound left turns would
.-
adequately accommodate the
estimated maximum vehicle
queues for this movement during
the peak hours. The final lane
geometry for the north approach
after mitigation improvements will
be one share through/right-turn
lane, one through lane and two
left-turn lanes. The other
approaches will remain unchanged
from background conditions. This
mitigation is subject to review and
approval by the Gilroy Engineering
Division.
29 The applicant shall add a second Applicant Engineering Division
100-foot westbound left-turn lane
under project A conditions or add a
second 120-foot westbound left-
turn lane under project Band C
conditions. With the
implementation of this
improvement, the storage capacity
for westbound left tums would
adequately accommodate the
estimated maximum vehicle
queues for this movement during
the peak hours. The final lane
geometry for the east approach
after mitigation improvements will
be two through lanes and two left-
turn lanes. The other approaches
will remain unchanged from
background conditions.
30 One lane in each direction should Applicant Engineering Division
be added to the segment of
Highway 152 fronting the project
site. The lanes would be added
over an approximate 5,500-foot
section of Highway 152 and would
begin at the lane drops near Brem
LanelRenz Lane and continue
eastward where they would
transition back to two lanes before
the L1agas Creek bridge.
Golden State Planning and Environmental Consulting.
MMP-ll
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2006-38 is an original resolution, or true and correct copy of a city resolution,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
5th day of June, 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 21 st day of June, 2006.
. /). . u.
~~ v!~A
. City lerk of the City of Gilroy
(Seal)