Resolution 2010-32
RESOLUTION NO. 2010-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING A1S 08-01, AN APPLICATION
FOR ARCmTECTURAL AND SITE APPROVAL OF A
HOTEL AND RESTAURANT COMPLEX ON A 5.75-ACRE
PROPERTY AT THE NORTHEAST CORNER OF
LEAVESLEY ROAD AND FOREST STREET, APNs 835-01-
050 AND 835-01-064
WHEREAS, The Fresh Group submitted application A/S 08-01, requesting architectural
and site approval of a hotel and restaurant complex on a 5.75-acre property at the northeast
corner of Leavesley Road and Forest Street, APNs 835-01-050 and 835-01-064 ; and
WHEREAS, the Planning Commission held a duly noticed public hearing on May 6,
2010, at which time the Planning Commission considered the public testimony, the staff report
dated April 27, 2010 ("Staff Report"), and all other documentation related to application A/S 08-
01, and recommended that the City Council adopt the Mitigated Negative Declaration and
approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on June 7, 2010, at
which time the City Council considered the public testimony, the Staff Report, a supplemental
staff report dated June 7, 2010, and all other documentation related to application A/S 08-01; and
WHEREAS, in accordance with the California Environmental Quality Act ("CEQA"), the
City Council on June 7, 2010 adopted a revised Mitigated Negative Declaration, and adopted a
Mitigation Monitoring Program for this Project on July 19, 2010 as part of the Planned Unit
Development (" PUD") zoning approval of application Z 07-05; 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 to approve a PUD based upon substantial evidence in the entire record as
summarized below:
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1. The Project conforms to the Gilroy General Plan in terms of general
location and standards of development as it meets the intent of the "General Services
Commercial" General Plan designation.
2. This Project will provide the type of development which will fill a specific
need of the surrounding area. It will provide commercial development along the
Leavesley Road corridor, which implements the City's vision for this area. In addition,
this Project will develop an infill site.
3. The Project does not require urban services beyond those that are currently
available at the Project site.
4. The Project provides a harmonious, integrated plan that justifies
exceptions to the normal requirements of this ordinance. This plan will blend
harmoniously with the surrounding commercial, industrial, and residential developments.
5. The project is an economical and efficient use of the property because it is
a fairly dense infill site.
6. The Project includes greater provisions for landscaping and open space
than would generally be required. Twenty percent of this site is landscaped; the Zoning
Ordinance requires that only eight percent of the site be landscaped.
7. The Project utilizes aesthetic design principles to create attractive
buildings and open space areas. The proposed hotels and restaurants have an attractive
design, and, in addition, the applicant proposes ample landscaping, fountains, and a
gazebo. The applicant has also agreed to place a piece of art on the property where it will
be visible to the public. The overall design will blend with the surrounding area.
8. The project will not create unmitigated traffic congestion, noise, odor or
other adverse effects on surrounding areas that are inconsistent with this zoning district.
However, depending on the design of the right-of-way improvements on Forest Street,
truck traffic could have difficulty making turns northward on Forest Street, or could be
tempted to travel on Murray Avenue. See Mitigation Measure T3 on this issue.
9. The project provides appropriate access, parking, landscaping, trash areas
and storage.
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SECTION II
B. Application A/S 08-01 should be and hereby is approved subject to the
conditions of approval set forth in Exhibit "A" attached hereto and entitled "The Fresh
Group A1S 08-01 Final Conditions of Approval", and subject to the mitigation
measures as revised and set forth in the Mitigated Negative Declaration and the
Mitigation Monitoring Program, attached hereto as Exhibit "B".
SECTION III
C. This resolution shall become effective if, and only if, and on the same date that
Ordinance No. 2010-14 approving Z 07-05 takes effect. If Ordinance No. 2010-14 does not take
effect, then this Resolution is null and void, and application A/S 08-01, without any further
action required by the City Council, is denied.
PASSED AND ADOPTED this 19th day of July, 2010 by the following vote:
AYES:
COUNCILMEMBERS: ARELLANO, BRACCO, DILLON,
GARlMAN, TUCKER, WOODWARD and PINHEIRO
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
APPROVED:
~
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The Fresh Group
A1S 08-01
Final Conditions of Approval
Plannina Division (contact Melissa Durkin at 846-0451, Melissa.Durkin@cityofgilroy.org)
1. This project shall conform to the plans prepared by Huamin Chang, AlA & Architects
dated June 23, 2009, as modified by the City Council's approval of these applications and
conditions of approval. The colors and materials shall conform to the colors and
materials board prepared by Huamin Chang, AlA & Architects and stamped "Approved"
by the Planning Division.
2. Approval of A1S 08-01 is subject to the applicant receiving approval of Zone Change
application Z 07-05.
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. This shall be subject to the review and approval of the Planning
Division.
4. Prior to building permit issuance, provide revised landscaping plans that include the
following elements:
A. Show dense trees that screen the east side of the garage. Consider using large
evergreen trees that complement the trees used on the neighboring hotel site.
B. Revise the plans to show the palm trees as accent trees, rather than as the primary
trees on the site.
C. Revise the plans to show street trees along Leavesley Road and Forest Street.
D. Revise the plans to show the California live oak tree at the southeast edge of this
site. If this tree is on the project site, it needs to be saved. If the tree is on the
neighboring property, the landscaping plan needs to be revised so there is no
irrigation in this area that could harm the tree.
E. Include details of the detention basin.
5. All landscaped areas adjacent to parking and/or paved areas shall be separated by
raised protective curbing to meet minimum City standards, subject to review and approval
of the Planning Division.
EXHIBIT A
A1S 08-01
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7/19/10
6. Landscaping and irrigation for the project shall comply with the State Model Water
Efficient Landscape Ordinance. Review and approval of the plans and installation for the
landscaping and irrigation shall follow the procedures specified by that Ordinance.
7. Street frontage landscaping shall be bermed in order to provide additional screening of
the parking areas. Such berming shall be delineated on required landscaping plans, and
shall be subject to Planning Division approval.
8. 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.
9. Trash Enclosures: All trash enclosures 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.AII backflow devices shall be painted an earth tone color, so that they blend with their
surroundings, and shall be heavily landscaped.
11 . Provide specifications for the artwork that you will place at the northeast corner of
Leavesley Road and Forest Street. The design and location of the artwork shall be
subject to City review and approval.
12. Show the masonry wall on the building plans. The wall must be set back at least 15 feet
from the property line.
13. Provide details of the fountains and the gazebo in the building plans.
14. On the building plans, indicate that the garage will have a stucco exterior.
15.AII switch gear and transformers must be placed underground unless a specific
exemption from the Engineering Division is obtained. All switch gear and transformers
that are permitted above ground must be screened via a screen wall and landscaping.
EXHIBIT A
A1S 08-01
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Provide a detail showing how the transformers and switch gear will be treated.
16. Mechanical Appurtenances: Mechanical equipment and structural members to be located
on the roof of any buildings shall be screened by an architectural feature of the buildings,
such that it cannot be seen from ground level at the far side of the adjacent public right-
of-way, subject to review and approval by the Planning Division.
On the building plans, provide a section that shows the equipment wells and the location
of roof-mounted equipment on the building elevations.
Fire Department (contact Jackie Bretschneider at 846-0451,
Jacqueline. Bretschneider@cityofgilroy.org)
A&S Conditions shall be included as notes on the cover page of the construction drawings
submitted for building permit.
Fire Prevention Conditions:
17. No Property Lines shall pass through any buildings. Adjust property lines prior to building
permit submittal.
18. Note on cover page: All Buildings shall have a fire sprinkler system installed. Fire
sprinkler systems shall meet NFPA 13 and all concealed spaces shall be protected.
Canopies over 48" wide shall be protected. Sprinkler system design is subject to review
and approval by Fire Marshal. Interior Fire Sprinkler Risers are required. Parking
Garages shall be protected at 0.2gpm/3,OOO square foot.
19. Note on cover page: Fire Alarm systems at a minimum shall provide water flow
monitoring for each floor level, a tamper switch at the DDC and PIV (if one is present), a
pull station and smoke detector at the riser location. Pull stations and corridor alarms
shall be individually addressed and shall transmit location to the central station. A fire
alarm control room shall be provided with full annunciation of each alarm device and by
floor. A separate permit is required for the Fire Alarm System. Guest room smoke
detectors shall be supervised by floor. Room Smoke detectors shall be supervised, but
not be transmitted to the Fire Department. A full evacuation fire alarm system will be
required for the restaurant.
20. Note on cover page: Each building (including the parking structure) 3 stories and greater
shall have a class I standpipe located within each stairwell. Standpipes shall extend to
the roof level and to the basement of the parking garage. Stairwells shall provide for
access to the roof.
EXHIBIT A
A1S 08-01
4
7/19/10
21. Note on cover page: The underground portion of the parking garage shall be provided
with a smoke evacuation system. The system shall provide 1 cfm/square foot of exhaust
from the garage to an approved location. It shall be activated by the sprinkler water flow
switch in that level of the garage. A fire department over-ride switch (on and off) shall be
placed at a readily accessible location to the fire responders. The system shall be on
emergency backup power for a minimum of 20 minutes of operation.
22. Note on cover page: Fire Department access roadways shall provide a minimum width of
26 ft to accommodate the ladder truck. An inside turn radius of 32 and out side turn
radius of 39 feet shall be provided. Fire access shall be reviewed and approved by Fire
Prevention.
23. Note on cover page: Buildings shall not have high voltage power lines pass over them
and shall have a minimum horizontal set-back of 10 feet from such lines.
24. Note on cover page: All buildings and tenants shall have Model 3201 KNOX boxes
installed at each tenant's main entry. All Locked gates shall be provided with KNOX
access.
25. Note on cover page: The following standards shall apply to lighting, address
identification and parking areas:
A. The address number of every commercial building shall be illuminated during the
hours of darkness so that it shall be easily visible from the street. The numerals in
these numbers shall be no less than six (6) inches in height and be of a color
contrasting to the background. In addition, any business which affords vehicular
access to the rear through any driveway, alleyway or parking lot shall also display
the same numbers on the rear of the building.
S. All exterior commercial doors, during the hours of darkness, shall be illuminated with
a minimum of one footcandle of light. All exterior bulbs shall be protected by
weather-and vandalism-resistant cover(s).
C. Open parking lots, and access thereto, providing more than ten (10) parking spaces
and for use by the general public, shall be provided with a maintained minimum of
one foot-candle of light on the parking surface from dusk until the termination of
business every operating day.
26. Note on cover page: Elevators shall be equipped as follows:
A. Passenger elevators, the interiors of which are not completely visible when the car
door(s) is open, shall have mirrors so placed as to make visible the whole of the
elevator interior to prospective passengers outside the elevator; mirrors shall be
framed and mounted to minimize the possibility of their accidentally falling or
shattering.
B. Elevator emergency stop button shall be so installed and connected as to activate
the elevator alarm.
C. At least one elevator in each building shall meet the minimum size for gurneys as
EXHIBIT A
A1S 08-01
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7/19/10
used by the Gilroy Fire Department. This calls for a minimum inside dimension of
80" by 65" (3500 Ib or greater elevator size).
27. Note on cover page: Buildings to support adequate public safety radio coverage. Any
building or structure with over ten thousand (10,000) square feet, which fails to support
adequate radio coverage for the city's public safety communication systems, shall include
an amplification system to provide for voice and data communications for police and fire
division personnel. Contact the Building Department to obtain test specifications. If any
part of the installed system or systems contains an electrically powered component, the
system shall be capable of operating on an independent battery and/or generator system
for a period of at least twelve (12) hours without an external power input. The battery
system shall automatically charge in the presence of an external power input.
28. Note on cover page: All Buildings and uses shall comply with the California Building
Code, California Fire Code, and the California Mechanical, Electrical, and Plumbing
Codes as amended and currently adopted by the City of Gilroy.
29.A separate plan showing the fire underground system shall be submitted to the Fire
Marshal for review and approval. The fire underground shall consist of a looped system
with not less than 8 inch diameter piping. A fire pump (with backup generator) or larger
line may be required to provide adequate fire flow and pressure. The location of Double
Detector Check Valve Assembly, Post Indicator Valves, Fire Department Connections, on
and off site (street) hydrants are subject to review and approval by the Fire Marshal.
Industrial Waste/Pretreabnent:
30. Note on cover page: Each building 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).
31. Note on cover page: No garbage disposals are allowed on any sinks in the project, with
the exception of the extended stay rooms. Grease interceptors shall be sized based on
the Chemical Control Grease Interceptor Policy. Each interceptor shall have a test
manhole between the interceptor and the sewer lateral.
32. Note on cover page: Laundry operations shall have a central waste water discharge
point and be provided with a readily accessible lint trap.
33. Note on cover page: If Indoor vehicle parking areas are provided with floor drains they
shall be paved and sloped to drain to a clarifier and discharge to the sanitary sewer.
Open parking areas shall also drain to a clarifier but may be connected to the storm drain
system.
34. Note on cover page: Trash Compactors shall be covered and provided with a clarifier
and drain to the sanitary sewer.
EXHIBIT A
A1S 08-01
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7/19/10
Enaineerina Division (contact Don Dey or Jim Maestri at 846-0451, Don.Dey@cityofgilroy.org;
jim. maestri@cityofgilroy.org)
35. Show landscaping in planter strips along Forest Street.
36. Provide cross section at retaining wall.
37. Show all proposed fences
38. Show the size of existing and proposed sanitary sewer laterals.
39. Show proposed water services.
40. Provide calculations for detention basins.
41. Show rain water leaders from buildings. These should be piped to detention basins.
42. The restrictor pipe must be on private property. Laterals to City catch basins must have a
minimum diameter of 15 inches. Provide manhole inside property line for transition from
8-inch to 15-inch pipe.
43. Show location of all existing utility poles, overhead lines, etc. along project frontage and
to nearest existing pole off property frontage.
44. Overhead utilities along the Forest Street portion of the project frontage shall be
relocated underground to the nearest existing allowable riser pole on the project's
Leavesley Road frontage.
45. Show and identify transformers, switches, and splice boxes.
46. Existing southbound lanes on Forest Street cannot be combined. See comments on
attached Sheet TR-1.
47. Maintain 4 feet minimum sidewalk clearance/path of travel from any "street furniture" (i.e.
trees, streetlights, fire hydrants, utility boxes, mailboxes, etc.).
48. Show curb ramps and identify if existing or proposed. Curb ramps at northeast corner of
Leavesley/Forest shall be parallel to crosswalks.
49. Signing and striping plans will need to be prepared subject to results of traffic study.
At a minimum, include the following on plan:
a. Show proposed striping and how it conforms to existing striping, signing, and other
traffic control devices in the area.
b. Identify symbols in a legend (all sheets).
EXHIBIT A
A1S 08-01
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7/19/10
c. Identify striping and signs; provide key (all sheets).
d. Identify and dimension travel lanes, tapers, transitions, etc.
e. Indicate designation and spacing of signs, as applicable.
f. Identify all existing striping and signage to be removed.
g. Show and identify existing and/or proposed driveways.
Include the following notes on the signing and striping plan:
a. All existing markings, striping, etc. to remain shall be refreshed.
b. All existing signs to remain shall be replaced with new signs.
c. Red curb and blue marker shall be installed at fire hydrants per City standards.
d. Initial striping and marking installation shall be paint for City to test a minimum of 30
days. If modifications are necessary, changes shall be paint. Only after final
approval by the City shall thermoplastic be installed.
50. Signing and striping plans shall be prepared in accordance with latest edition of the
California Manual on Uniform Traffic Control Devices (CA MUTCD).
51. Plans shall be prepared by a California-registered Civil Engineer with experience in
preparing signing and striping.
52. Streetlights along project frontage shall be designed to meet current City standards.
a. Streetlights along Forest and Leavesley shall be standard cobra lights.
b. Streetlights along Forest shall be spaced at a maximum 200 feet on-center (spacing
requirement along one side of street).
c. Streetlights along Leavesley shall be spaced at a maximum 150 feet on-center
(spacing requirement along one side of street).
53. Streetlights shall be located a minimum 10 feet from edge of driveways.
54. Water and sewer allocation agreement is required at building permit
55. Services shall be underground.
56. Transformers, switches and splice boxes shall be underground.
57. Signing and striping plans shall be prepared as part of improvement plans.
58. Damaged curb, gutter, sidewalk, and driveway approaches along project frontage/limits
shall be replaced with current City Standards.
59. Existing driveways no longer utilized shall be removed and replaced with City standard
curb, gutter, and sidewalk.
60. Damaged or substandard driveway approaches to remain along project frontagellimits
shall be replaced to meet current City Standards.
EXHIBIT A
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61.Applicant shall be required to obtain an encroachment permit from the CITY OF GILROY
for all work in City right of way.
62.Applicant shall be required to obtain and submit an approved encroachment permit from
CAL TRANS for work along SR 152 - Leavesley Road.
63. Improvement plans shall include a construction traffic control plan for activities performed
within City right of way, including alleyways.
64. Improvement plans shall include an approved traffic control plan from CAL TRANS for
roadway work along SR 152 - Leavesley Road.
65. Grading, erosion control, and drainage plans are required and shall be subject to the
review and approval of the Engineering Division prior to building permit issuance.
66. Site preparation and fill construction shall be conducted under the observation of, and
tested by, a licensed soils or geotechnical engineer. A report shall be filed with the City
of Gilroy stating that all site preparation and fill construction meets the requirements of
the geotechnical investigation. This shall be subject to review and approval by the
Engineering Division.
67. The foundation design, based on soils tests, shall be reviewed and approved by the
Community Development Department.
68. New and existing utility lines, appurtenances, and associated equipment along the Forest
Street frontage, including but not limited to electrical transmission, street lighting, and
cable television shall be required to be placed underground.
Community Services (contact Chris Weske at 846-0460, chris.weske@cityofgilroy.org)
69. 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
70. Infrastructure for the Leavesley Road median irrigation is located on the east side of
Forest Street just north of Leavesley Road. This consists of the water meter, backflow
device, master valve, flow sensor, irrigation controller and electrical feed. This equipment
must be protected during construction activities. This equipment should remain in its
current location. However, depending on how the intersection needs to be configured,
the equipment might need to be moved. If the equipment is moved, the developer will
need to work with staff to relocate the equipment. The developer shall bear all costs of
equipment relocation.
EXHIBIT A
A1S 08-01
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71. Provide parking for two service vehicles near the irrigation controller/backflow. Utility
vehicles should be able to park out of traffic and be able to safely access vehicles and
equipment.
Police Department (contact Sergeant Kurt Ashley at 846-0310, kurt.ashley@cityofgilroy.org)
72. Perimeter Block Wall: If a block wall is chosen then the property owner will be
responsible for maintaining the side of the wall facing the property that is the subject of
this application. All graffiti must be removed within 24 hours of knowledge of its
existence.
73. Stairways: Place convex mirrors at all stairways in hotels' 90/180 degree blind turns
unless all staircase railing is open in style allowing for visibility around the corners.
74. Exterior Lighting:
A. Add light in eastern section of the parking lot, next to the exterior valet parking
cover, on the south side of structure.
B. Increase lighting to the entry way (front desk) for the Extended Stay Hotel to a
minimum of 3 foot candles.
C. Increase the lighting by the hotel terrace (north side of hotel) to a minimum of 5.0
foot candles.
D. Provide post-type lighting at a minimum height of 10 feet instead of bollard lighting.
Bollard lighting fails to adequately disperse light in a manner to identify people
walking in the area. They are also prone to vandalism and provide a low light.
E. Add additional lighting to east side of the parking lot, just east of the parking
structure.
F. Provide a minimum of 3.0 foot candles.of lighting in all exterior parking/pathway
locations. The 3.0 level allows for the identification of a person at 30 feet. This
concept allows for a greater security level for patrons and minimizes the attraction
for criminal behavior.
75. Parking Garage:
A. Increase lighting to the entrance of the ground floor staircase at the southeast
portion of the parking garage.
B. Increase the lighting level throughout the parking garage to a minimum of 5.0 foot
candles, including the stairways. 3.0 foot candles is acceptable on the top level of
the parking garage since there is no ceiling.
C. Hang the lights at the lowest level of the ceiling girders to avoid the girders
blocking the dispersion of the light.
D. Paint the walls of the parking garage a light reflective color to better disperse the
light.
E. All stairway handrails should be open railing, not walls. It appears that most are
but several (the ones by the extended stay hotel) appear to be walls. If unable to
do so, provide convex mirrors at the 90/180 degree turns.
EXHIBIT A
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Buildina Department (contact David Chung at 846-0451, david.chung@cityofgilroy.org)
76. Comply with the requirements in the attached Building Division memorandum dated
July 30, 2009.
Council-Added Conditions
77. The developer shall install Class I (bicycle lockers) and Class II (bike racks) per the
VTA Bicycle Technical Guidelines (12-13-07). These bicycle facilities shall be
dispersed proportionately throughout the site.
78. The developer shall expand the Class 2 bike lane network and signage on Forest Street
between Leavesley Road and Nagareda Drive by installing bike lane striping and
signage from the project frontage to Nagareda Drive.
79. The developer shall revise the plans to provide additional architectural detailing. The
revised plans shall be presented to the City Council for review and approval.
EXHIBIT A
Community Development Department
Planning Division (408) 846-0440
NEGATIVE DECLARATION
City of Gilroy
Community Development Department
7351 Rosanna St.
Gilroy, CA 95020
City File Number: Z 07-05 and AS 08-01
Proiect Description:
Name of Project: Forest Street Commercial Zone Change and Architecture & Site Approval
Nature of Project: The project includes a zone change to designate the entire project site
Shopping Center Commercial (C3). The proposed development consists of
the following:
. Four-story, full service hoteI with 188 guest rooms (approximately
113,100 square feet);
· Four-story, extended stay hoteI with 72 guest units (approximately
40,300 square feet);
. Four-level parking structure (approximately 149,200 square feet);
· One-story, 10,000 square-foot sit-down restaurant;
. One-story, 3,000 square-foot drive through fast food restaurant; and
Appurtenant structures including a gazebo near the extended stay
hotel and a pool and restroom at the full service hotel.
EXHIBIT B
Forest Street Commercial Z 07-05 and AS 08-01 2
Negative Declaration
April 15, 2009
Proiect Location:
Location: The proposed project site is located at the northeast corner of Leavesley Road
(State Route 152) and Forest Street in the City of Gilroy. The project is situated
with light industrial uses to the west, a church and an undeveloped lot to the north
a hotel to the east, and houses and commercial uses to the south. The U.S.
Highway IOI/Leasvesley Road interchange is located approximately 1,500 feet east
of the project site.
Assessor's Parcel Number: 835-01-050
Entity or Person(s) Undertakine: Proiect:
Name: City of Gilroy Community Development Department
Address: 7351 Rosanna Street, Gilroy, CA 95020
Staff Planner: Melissa Durkin, Melissa.durkin@cLgilroy.ca.us
Initial Study:
An 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
attached.
Findine:s & 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
fmdings:
~ The proposed project is surrounded by commercial and industrial development and is
located within an area designated in the general plan for commercial uses.
~ Identified adverse impacts are proposed to be mitigated.
~ The proposed project is consistent with the adopted goals and policies of the General Plan
of the City of GiIroy.
~ City staff independently reviewed the Initial Study, and this Negative Declaration reflects
the independent judgment of the City of Gilroy.
~ With the application of the following Mitigation Measures the proposed project will not
have any significant impacts on the environment.
~ The Gilroy Planning Division is the custodian of the documents and other material that
constitute the record of proceedings upon which this decision is based.
EXHIBIT A
Forest Street Commercial Z 07-05 and AS 08-01 3
Negative Declaration
April 15,2009
Air Quality
AQ-l. The following measures shall be required during construction activities that result in ground
disturbance (grading or excavation):
a. Water all active construction areas at Ieast twice daily;
b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to
maintain at Ieast two feet of freeboard;
c. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all
unpaved access roads, parking areas and staging areas at construction sites;
d. Sweep all paved access roads, parking areas and staging areas at construction sites
daily (with water sweepers);
e. Sweep streets daily (with water sweepers) if visibIe soil material is carried onto
adjacent pubIic streets;
f. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas
(previously graded areas inactive for ten days or more);
g. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed
stockpiles (dirt, sand, etc.);
f. Limit traffic speeds on unpaved roads to 15 mph;
g. Install sandbags or other erosion controI measures to prevent silt runoff to pubIic
roadway; and.
h. Replant vegetation in disturbed areas as quickly as possible.
Biological Resources
BlO-I The project applicant shall coordinate pre-construction surveys for nesting birds to be
conducted by a qualified biologist within 30 days prior to construction if construction is to
occur during the nesting season (February through mid-September). If nests are Iocated
during pre-construction surveys, a qualified biologist will establish a 250-foot buffer around
each nest for the duration of the breeding season (until such time as the young are fully
fledged) to prevent nest harassment and brood mortality. Work may proceed prior to mid-
September only if a qualified bioIogist conducts nest checks and establishes that the young
EXHIBIT A
Forest Street Commercial Z 07-05 and AS 08-01 4
Negative Declaration
April 15, 2009
are fully fledged. Every effort shall be made to avoid removal or impact to known nests
within project boundaries. If trees known to support nests cannot be avoided, removal of
these trees will only occur outside of the nesting season (mid-September through January). A
report documenting the results of the surveys and plan for avoidance (if needed) will be
submitted to the City of Gilroy for review prior to the initiation of ground disturbance.
BIO-2 Prior to building permit submittaI, the project applicant shall submit a plan to the Gilroy
Planning Division indicating the location, size and species of existing trees found within the
project site boundaries. The plan shall indicate which trees are pIanned for removal. Based
on review of the pIan, the City shall determine which trees, ifany, are "significant."
If significant trees are determined to be located on the project site, these trees shall be
retained, to the greatest extent feasible. The dripline of significant trees to be retained shall
be fenced prior to grading activities to prevent root damage. If retention of all significant
trees on the project site is not feasible, a written report shall be prepared by a certified
arborist including the number and location of each significant tree to be removed, the type
and approximate size of each significant tree, the reason for removal, and specifications for
replacing significant trees to be removed. The written report shall be prepared prior to the
commencement of grading activities, subject to approval by the City of Gilroy PIanning
Division.
Cultural Resources
CR-l. Due to the possibility that significant buried culturaI resources might be found during
construction the following language shall be included in any permits issued for the project
site, including, but not limited to building permits for future development, subject to the
review and approval of the Gilroy Planning Division:
If archaeologicaI resources or human remains are discovered during construction, work shall
be halted at a minimum of 200 feet from the find and the area shall be staked off. The project
developer shall notify a qualified professional archaeologist. If the find is determined to be
significant, appropriate mitigation measures shall be formulated and implemented.
CR-2. The City of Gilroy shall ensure that this language is included in all permits in accordance
with CEQA Guidelines section I5064.5( e), in the event of discovery or recognition of any
human remains in any location other than a dedicated cemetery:
EXHIBIT A
Forest Street Commercial Z 07-05 and AS 08-01 5
Negative Declaration
April 15, 2009
If human remains are found during construction there shall be no further excavation or
disturbance of the site or any nearby area reasonabIy suspected to overlie adjacent human
remains until the Police Department contacts (via private means rather than radio, to ensure
confidentiality) the coroner of Santa Clara County to determine that no investigation of the
cause of death is required. If the coroner determines the remains to be Native American the
coroner shall contact the Native American Heritage Commission within 24 hours. The
Native American Heritage Commission shall identify the person or persons it believes to be
the most Iikely descendent (MLD) from the deceased Native American. The MLD may
then make recommendations to the landowner or the person responsible for the excavation
work, for means of treating or disposing of, with appropriate dignity, the human remains
and associated grave goods as provided in Public Resources Code Section 5097.98. The
landowner or his authorized representative shall rebury the Native American human
remains and associated grave goods with appropriate dignity on the property in a location
not subject to further disturbance if: a) the Native American Heritage Commission is unable
to identify a MLD or the MLD failed to make a recommendation within 24 hours after
being notified by the commission; b) the descendent identified fails to make a
recommendation; or c) the Iandowner or his authorized representative rejects the
recommendation of the descendent, and the mediation by the Native American Heritage
Commission fails to provide measures acceptable to the landowner.
Hydrology and Water Quality
HY-l. The applicant shall, for each phase of the project, submit a Notice of Intent (NOI) and
detailed engineering designs to the Central Coast RWQCB. This permit shall require
development and implementation of a Storm Water Pollution Prevention Plan (SWPPP)
that uses storm water "Best Management Practices" to controI runoff, erosion and
sedimentation from the site. The SWPPP must include Best Management Practices that
address source reduction and, ifnecessary, shall include practices that require treatment.
The SWPPP shall be submitted to the City of Gilroy Engineering Division for review and
approval prior to approval of a grading permit for each phase of the project. Engineering
designs shall address feasible post-construction water quality measures such as siltation and
oil fIlters preceding or incorporated into the design of storm inlets.
EXHIBIT A
Forest Street Commercial Z 07-05 and AS 08-01 6
Negative Declaration
April 15, 2009
Transportation/Traffic
T-l. The applicant shall restripe the southbound left-turn pocket on Forest Street to include
approximately 125 additional feet (200 feet totaI), and shall construct a 300-foot long
median to separate left-turning traffic from the northbound lane.
The applicant shall work with the City of Gilroy Engineering Division and Caltrans to
develop an acceptable striping pIan for the eastbound left-turn pocket. An additional 115 feet
of storage space is required, however, an existing back-to-back turn pocket at Swanston Lane
Iimits available space for extension of the lane, as one lane cannot be lengthened without
shortening the other. If an additional parallel turn Iane cannot be constructed for the
eastbound turn pocket, the left turn pocket into Swanston Lane would need to be
eIiminated, with traffic bound for Swanston Lane using the existing left turn lanes at Forest
Street or west of Swanston Lane. The applicant shall obtain an encroachment permit for all
work within the SR 152 right-of-way.
T-2. The applicant shall designate the southernmost driveway for right turns in and out only The
finaI driveway arrangement and number shall be subject to approvaI of the Gilroy
Engineering Division. All driveway approaches shall be widened to meet the 35-foot
minimum width. Parking shall be prohibited along both sides of Forest Street within 300 feet
of Leavesley Road and within 30 feet of project driveways.
T-3. As part of the project frontage improvements, the applicant shall widen the northbound
travel lane on Forest Street to at least 20 feet at the LeavesIey Road intersection to
accommodate truck turning movements onto Forest Street. or a mutually acceptable
solution that meets Engineering and Planning Division standards. The intersection design
will also need a four-foot median (minimum) and standard southbound right turn and left
turn Ianes. or a mutually accq>table solution that meets Engineering and Planning Division
standards. Adequacy of the improvement pIans shall be demonstrated to the Gilroy
Engineering Division.
T -4 The applicant shall design and construct frontage improvements to include a sidewalk along
the entire frontage of Leavesley Road and Forest Street in accordance with the Gilroy
Standard Details and Specifications.
T 5 The site plaR shaY. be revised to pr-<Y!ide a mtl'llm1:lffi separation of 50 feet bet\.v~eB Forest
Str-eet aDd the drive t:J.:H:oUgR laDe, and to provide a miBim1:lffi 200 feet of queumg space Hi
EXHIBIT A
Forest Street Commercial Z 07-05 and AS 08-01 7
Negative Declaration
April 15, 2009
adyaace of the or-der caR boar-d. This mitigation measure was deleted because the drive-thru
lane was removed from the project.
Date Prepared: April 15, 2009
End of Review Period: June 22, 2009
David Bischoff
Director of Planning and Environmental Services
david. bischoff@ci.gilroy.ca.us
EXHIBIT A
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2010-32 is an original resolution, or true and correct copy of a city
resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 19th day of July, 2010, 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 23rd day of July, 2010.
Sliawna Freels, CM
City Clerk of the City of Gilroy
(Seal)