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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 \GBO\693899.1 01-052306-04706089 -1- 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. \GBO\693899.1 01-052306-04706089 -2- 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: \GBO\693899.1 01-052306-04706089 -3- Resolution No. 2006-38 AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ;J.. '- .. :~r, u-d/L&b. Rhonda Pellin, City Clerk \GBO\693899.1 01-052306-04706089 BRACCO, CORREA, GARTMAN, VALIQUETTE, and PINHEIRO ARELLANO VELASCO APPROVED: ~--- ~.... ---- . · lbert Pinheiro, Mayor -4- 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 -- Ji'- 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)