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Resolution 2012-03 RESOLUTION NO. 2012-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 08-01,A TENTATIVE MAP TO SUBDIVIDE A 20-ACRE SITE LOCATED AT 5350 MONTEREY ROAD, APN 841-31-021, INTO 17 LOTS FOR COMMERCIAL AND INDUSTRIAL USES WHEREAS, Monterey Road Investment Group, LLC, has submitted application TM 08- 01 requesting a tentative map to subdivide a 20-acre site into seventeen (17) lots for commercial and industrial uses ("the Project") on APN 841-31-021, located at 5350 Monterey Road; and WHEREAS, the Planning Commission held a duly noticed public hearing on May 5, 2011, at which time the Planning Commission considered the public testimony, the staff report dated May 5, 2011 ("Staff Report"), and all other documentation related to application TM 08- 01, and recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public hearing on June 6, 2011, and considered the public testimony, the Planning Commission Staff Report, a supplemental staff report, and all other documentation related to application TM 08-01 and requested City Staff to prepare resolutions of approval for the Project; and WHEREAS, pursuant to CEQA, the City Council has certified the Monterey Commercial Zone Change and Subdivision and Fortino Zone Change EIR to have been prepared in compliance with CEQA, and adopted CEQA Resolution No. 2011-38 so certifying and making all the required findings as to mitigation of each significant effect prior to approving the Project and adopting the mitigation measures and a Mitigation Monitoring Program; as well as a Statement of Overriding Considerations for unavoidable or partially mitigated significant effects; and WHEREAS, the loss of agricultural lands was one of the significant, unavoidable effects on the environment which can be partially mitigated by adherence to the City's Agricultural Mitigation Policy which requires that the applicant enter into a deferred payment or dedication lLAC\850699.1 060811-04706083 - 1- Resolution No. 2012-03 agreement establishing the specific criteria for and timing of the required mitigation, which actual mitigation must be completed prior to final map approval; and WHEREAS, the applicant has entered into that certain "Agreement for Deferred Agricultural Mitigation by and between the City of Gilroy and Monterey Road Investment Group, LLC"; and WHEREAS, a condition of this tentative map approval is the requirement that the applicant pay the agriculture mitigation fee prior to final map approval; 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 The City Council hereby finds as follows: 1. Public utilities and infrastructure improvements needed to serve the Project are in close proximity to the Project site. 2. The proposed Project is consistent with the City's General Plan and the intent of the land use designation for the property on the General Plan land use map. 3. The proposed Project is consistent with the City's Zoning Ordinance and Subdivision and Land Development Code, and with the State Subdivision Map Act. 4. There is no substantial evidence in the entire record that the Project will have any significant effects on the environment not analyzed and reviewed and considered in the Final EIR and summarized in CEQA Resolution No. 2011-38. lLACI850699.1 060811.Q4706083 - 2- Resolution No. 2012-03 5. There are no facts to support the findings requiring denial of the proposed tentative map under California Government Code section 66474. SECTION II Tentative Map TM 08-01 should be and hereby is approved, subject to the conditions of approval set forth in Exhibit "A" attached hereto and entitled "TM 08-01 Final Conditions of Approval", and subject to the Mitigation Measures and the Mitigation Monitoring Reporting Program for the project, attached hereto as Exhibit "B." SECTION III This Resolution shall take effect only if, and upon the same date that Ordinance 2012-01 takes effect approving zoning application Z 08-01. If said ordinance does not take effect, then this Resolution shall be null and void without further action by the City Council, and application TM 08-01 shall be deemed denied. PASSED AND ADOPTED this 9th day of January, 2012 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, DILLON, LEROE- MuNoz, TUCKER, WOODWARD and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: lLAC\850699.1 060811.Q4706083 - 3- Resolution No. 2012-03 Exhibit "A" Final Conditions of Approval for TM08-01 Plannino Division 1. The project shall conform to the plan set entitled Tentative Map - Monterey Road Commercial Center, dated April 8, 2008, last revised, April 18, 2011 (4th submittal), prepared by Ruggeri-Jensen-Azar,. 2. The project shall incorporate all mitigation measures identified in the Final EIR entitled Monterey Road Commercial Center Zone Change and Subdivision and Fortino Zone Change, dated April 25, 2011 3. The Project will be required to provide mitigation per the Agricultural Mitigation Policy for the loss of 12.2 acres of Prime Farmland. 4. The mitigation fee that is established pursuant to that certain agreement entitled "Agreement for Deferred Agricultural Mitigation by and between the City of Gilroy and Monterey Investment Group, LLC" as partial mitigation for the project's unavoidable significant effects on agricultural shall be paid to the City prior to issuance of the first final map for the project. 5. All buildings and other structures which cross proposed property lines shall be removed prior to approval of the Final Map. 6. Prior to approval of the Final Map, the applicant shall work with the Public Works Department to determine if there is adequate existing right-of-way available, and if so, the project shall install striping for bike lanes on both sides of Monterey Road between the project site and the existing commercial uses to the north. If the Public Works Department determines that there is not adequate existing ROW available, no bike lanes shall be installed. Provide one Class 1 bicycle parking space (locker or other form of interior, secured space) per 30 employees in addition to the one bicycle rack parking space per 20 parking spaces included in the project. This condition will be implemented with the Architecture/Site Approval for each individual lot. 7. Based on the land use mix contained in the project description from the EIR and traffic study (50% commercial, 40% industrial, 10% office), the project will be required to install the recommended Monterey/Luchessa intersection improvements upon completion of the entire amount of industrial (40% of the site) and office (10% of the site) development and the first 30,000 square feet of commercial uses. 8. The subdivider shall defend, indemnify, and hold harmless the City, its City Council, Planning Commission, agents, officers, and employees from any claim, action, or proceeding against the City or its City Council, Planning Commission, agents, officers, and employees to attack, set aside, void, or annul an approval of the City, City Council, Planning Commission, or other board, advisory agency, or legislative body concerning this subdivision. City will promptly notify the subdivider of any claim, action, or proceeding against it, and will cooperate fully in the defense. This condition is imposed pursuant to California Government Code Section 66474.9. Enoineerino Division 1. All work is to be done in compliance with the City of Gilroy Specifications Standards and Design Criteria, and is subject to all laws of this comrnunity by reference. Street improvements and the design of all storm drainage, sewer and water lines, and all street sections shall be in accordance with City Standards and shall follow the most current Master plan for streets and each utility. The developer shall provide full street, curb, gutter, sidewalk and electrolier improvements. [Municipal Code, Section 21, Article 2] 2. Post development run-off must be the same as pre-development run-off. Analysis identifying post/pre-development run-off rates shall be provided. [SWCB] 3. All storm drain run-off must be pre-treated prior to entrance into public storm drain system. Pre-treatment measures must be reviewed and approved by the Engineering Division prior to Final Map and/or Improvement Plan approval. [SWCB] 4. Add following note to improvement (civil) plan title sheet above City Engineer's signature block: GENERAL APPROVAL NOTES Approval of these plans does not release the developer from correction of mistakes, errors, or omissions contained therein. If, during the course of construction, the public interest requires a modification or a departure from the City specification or the approved plans, the City shall have the authority to require such modifications or departure and specify the manner in which the same is to be rnade. [City Standards Appendix A, Section 1] 5. Any work in the public right-of-way shall require a signing and striping plan prepared by a licensed, professional engineer with experience in preparing such plans. Signage and striping plans shall be overlaid on an existing, current aerial. Where proposed improvements are an extension of an existing street and/or "conform" to existing, adjacent improvements, signing and striping plans shall encompass the minimurn areas indicated in the City's current policy. [City Standards Appendix A] 6. 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. [CBC] 7. All grading operations and soil compaction activities shall be per the approved soils report and shall meet with the approval of the City Engineer. Grading plans shall show the grades of all adjacent properties. [CBC] 8. 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. [Municipal Code Section 21, Article V] 9. As part of the first submittal for Final Map, the developer shall submit vector based electronic files readable by AutoCAD and in PDF format. Additionally, after the Final Map and Irnprovement Plans have been found to be technically correct and in substantial conformance with the Tentative Map, the developer shall again submit vector based electronic files readable by AutoCAD and in PDF format. [City Standards] 2 10.A SWPPP and an Erosion Control Plan is required for all development over 1 acre and shall be filed with the City. WDID# shall be provided prior to Improvement Plan / Final Map approval. [City Standards Appendix A, Section 1] 11. Certification of grades and compaction necessary to serve each phase of . development is required prior to building permit final. This statement must be added as a general note to the Grading and Drainage Plan. 12.A rninimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. Location of monuments shall be tied out prior to work. Any City monument damaged, displaced or destroyed shall be replaced at the developer's sole expense. [SMA] 13. The developer shall submit an estimate of the probable cost of developer-installed off-site improvements with the Final map submittal. The developer shall also submit fees and bonds and enter into an improvement agreement prior to Final Map recordation. [Municipal Code Section 21, Article II] 14.ln the event it is necessary to acquire offsite easements or street right-of-way, the owner shall enter into an agreement with the City prior to Final Map approval agreeing to pay all condemnation costs, for dedication of all required easements or street right-of-way. This agreernent shall be recorded and require the owner to deposit all condemnation costs with the City within 21 days of Final Map approval. The owner shall agree to provide an initial cash deposit as determined by the City. 15. Improvement plans are required for all on-site and off-site improvements. Prior to Final Map approval and approval of the Improvement Plans, the following items will need to be completed: [City Standards] 16. The developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground.) 17. The developer shall negotiate right-of-way with Pacific Gas and Electric and other utilities subject to the review and approval by the Engineering Division and the utility companies. 18. A note shall be placed on the plans which states that the composite plan agrees with City Codes and Standards and that no underground utility conflict exists. 19. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the City. 20. The City will collect the plan check and inspection fee for the utility underground work. 21. Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City: 22. A professional engineer-signed and PG&E-approved original electric plan. 23. A letter from the design Electrical or Civil Engineer that states the electrical plan conforms to City Codes and Standards, and to the approved subdivision improvement plans. 3 24. Submit a Hazardous Material clearance for any underground tank removal from the appropriate agency. [State of California] 25. Once the tentative map is approved, the developer shall submit an 8-1/2 X 11-inch site plan to the Engineering Division to assign addressing which shows the following: tract name and number, lot number, street names, property lines, right-of-way lines, north arrow and curb cuts for driveway. [City Standards] 26. Relinquishment of abutters' rights shall occur prior to final map recordation. 27. Parcel B and all facilities within Parcel B shall be privately maintained by the Business Association. 28. Lot 1 shall maintain access thru Lot 2 or as otherwise approved by the Public Works Director/City Engineer. 29. Water, storm and sewer lines in private streets shall be privately maintained unless approved by the Public Works Director/City Engineer. 4 MONTEREY ROAD COMMERCIAL CENTER ZONE CHANGE & SUBDIVISION (Z 08-01, 1M 08-01) MITIGATION MONITORING PROGRAM INTRODUCTION CEQA Guidelines section 15097 requires public agencies to adopt reporting or monitoring programs when they approve projects subjectto 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 of project approval during project implementation in order to avoid significant adverse environmental effects. The law was passed in response to historic non-implementation of mitigation measures presented in environmental documents and subsequently adopted as conditions of project approval. In addition, monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures. A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measure's compliance. 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 basis for this monitoring program is the mitigation measures included in the project environmental impact report. These mitigation measures are designed to eliminate or reduce significant adverse environmental effects to less than significant levels. These mitigation EMC PLANNING GROUP INC. MMP-I MITIGATION MONITORING PROGRAM 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 mltIgation measures. This monitoring checklist contains all appropriate mitigation measures in the environmental impact report. MONITORING PROGRAM PROCEDURES The City of Gilroy will use the attached monitoring checklist for the proposed project. The monitoring program will be implemented as follows: 1. The Gilroy Community Development Department will be responsible for coordination of the monitoring program, including the monitoring checklist. The Community Development Department will be responsible for completing the monitoring checklist 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 have been complied with. Once all mitigation measures have been complied with, the responsible individual or agency should submit a copy of the monitoring checklist to the Community Development Department to be placed in the project file. If the mitigation measure has not been complied with, the monitoring checklist should not be returned to the Community Development Department. 3. The Gilroy Community Development Department will review the checklist to ensure that appropriate mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with at the appropriate time, e.g. prior to issuance of a use permit, etc. Compliance with mitigation measures is required for project approvals. 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 Community Development Department, describing the non- compliance and requiring compliance within a specified period of time. If 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. MMP-2 EMC PLANNING GROUP INC. MONTEREY ROAD COMMERCIAL CENTER ZONE CHANGE AND SUBDIVISION MITIGATION MONITORING CHECKLIST Step 1 Prior to effective date of Zone Change application ZOB-01 the following mitigation measures shall be implemented: Mitigation Measure AG-1 The project applicant shall pay required fees and enter into an Agricultural Mitigation Agreement. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: EMC PLANNING GROUP INC. MMP-3 MITIGATION MONITORING PROGRAM Step 2 Prior to issuance of the first final map for the project the following mitigation measure shall be implemented: Mitigation Measure AG-2 The mitigation fee that is established pursuant to that certain agreement entitled "Agreement for Deferred Agricultural Mitigation by and between the City of Gilroy and Monterey Investment Group, LLC" as partial mitigation for the project's unavoidable significant effects on agricultural sh~ll be paid to the City prior to issuance of the first final map for the project. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: MMP-4 EMC PLANNING GROUP INC. MONTEREY ROAD COMMERCIAL CENTER ZONE CHANGE AND SUBDIVISION Step 3 Prior to approval of Architectural and Site Review approval for each lot, the following mitigation measures shall be implemented: Mitigation Measure A-4 The project applicant shall redesign the combined exterior retaining wall/fence height consistent with the City's zoning ordinance requirements for maximum permitted fence and retaining wall heights as set forth in Municipal Code Section 24.32. All proposed fencing and materials shall be included on the final Landscaping Plan consistent with the City's Landscaping Policy and Mitigation Measures A-I and A-2. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: EMC PLANNING GROUP INC. MMP-5 MITIGATION MONITORING PROGRAM Mitigation Measure N-1 The project deve1oper(s) for Lot 1 and Lot 2 shall provide evidence demonstrating that proposed development is in compliance with the City's exterior noise thresholds for commercial or industrial uses, whichever type of development is planned for Lot 1 and/or Lot 2. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: MMP-6 EMC PLANNING GROUP INC. MONTEREY ROAD COMMERCIAL CENTER ZONE CHANGE AND SUBDIVISION Mitigation Measure CC-1 Prior to each Architectural and Site Approval for individual lots within the subdivision, the following greenhouse gas emissions reduction measures shall be incorporated in the site plan: a. pedestrian network that internally links all uses and connects to all existing/planned external streets and pedestrian facilities contiguous with the project site. Project design shall include a designated pedestrian route interconnecting all internal uses, site entrances, primary building entrances, public facilities, and adjacent uses to existing external pedestrian facilities and streets. This route shall have minimal conflict with parking and automobile circulation facilities. Streets within the project shall have sidewalks on both sides. All sidewalks adjacent to project site shall be a minimum of five feet wide. All sidewalks shall have vertical curbs. Pedestrian facilities and improvements shall include grade separation, wider sidewalks, and traffic calming features wherever feasible to minimize pedestrian barriers. All site entrances shall provide pedestrian access; b. one bike rack space per 20 vehicle/employee parking spaces; c. "end-of-trip" facilities (four clothes lockers and one shower for every 80 employee parking spaces, and separate facilities for each gender for projects with 160 or more employee parking spaces); d. site design and building placement shall not include barriers (such as walls, berms, landscaping, and slopes) to pedestrian access and interconnectivity; e. provide no more than the minimum amount of parking required by City ordinance; f. on-site parking facilities shall not be adjacent to street frontage; g. preferential parking space locations for electric vehicles (EY) and compressed natural gas (CNG) vehicles; h. solar water heaters; 1. drought resistant native trees and trees with low emissions and high carbon sequestration potential. Evergreen trees on the north and west sides afford the best protection from the setting summer sun and cold winter winds. Additional considerations include the use of deciduous trees on the south side of buildings that will admit summer sun; evergreen plantings on the north side will slow cold winter winds; constructing a natural planted channel to funnel summer cooling breezes into the house. Bunch grass and low-water landscaping are encouraged; EMC PLANNING GROUP INC. MMP-7 MITIGATION MONITORING PROGRAM J. Energy Star-labeled roof materials; k. energy-reducing programmable thermostats that automatically adjust temperature settings; 1. energy efficient appliances (e.g., Energy Star); m. energy-reducing shading mechanisms for windows, porch, patio and walkway overhangs; and n. energy-reducing day lighting systems (e.g., skylights, light shelves and interior transom windows). Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: MMP-8 EMC PLANNING GROUP INC. MONTEREY ROAD COMMERCIAL CENTER ZONE CHANGE AND SUBDIVISION Step 4 Prior to the approval of demolition, grading and building permits, the following mitigation measures shall be implemented: Mitigation Measure A-1 To preserve the appearance of the South Monterey Road gateway area, the applicants shall prepare a landscaping plan for the Monterey Road frontage consistent with the provisions of General Plan Implementation Action 1.H, prior to issuance of any building permit for development on Lot 1 and Lot 2 any parcel or lot fronting Monterey Road, for review and approval by the Planning Division. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: Mitigation Measure A-2 Future developers of Lot 1 and/or Lot 2 shall include landscaping plans and buildings designed consistent with the provisions of General Plan Implementation Action I.B and shall be submitted to the Planning Division for design review prior to issuance of any building permit. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: EMC PLANNING GROUP INC. MMP-9 MITIGATION MONITORING PROGRAM Mitigation Measure AQ-3 For any building constructed prior to 1980, the developer shall consult with the BAAQMD Enforcement Division prior to commencing demolition to determine permit requirements. Removal of asbestos-containing building materials is subject to the limitations of District Regulation 11, Rule 2: Hazardous Materials; Asbestos Demolition, Renovation and Manufacturing. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: MMP-IO EMC PLANNING GROUP INC. MONTEREY ROAD COMMERCIAL CENTER. ZONE CHANGE AND SUBDIVISION Mitigation Measure 810-1 The project applicant shall coordinate pre-construction surveys for nesting birds to be conducted by a qualified biologist within 30 days prior to tree removal, building demolition, grading and/or construction, if any of these activities occur during the nesting season (nesting typically occurs between February through mid-September). If nests are located during pre-construction surveys, a qualified biologist will establish a 2S0-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 biologist conducts nest checks and establishes that the young are fully fledged. Every effort shall be made to avoid removal or impact to known nests within project boundaries. If the removal of 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 Planning Division for review prior to the initiation of ground disturbance. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: EMC PLANNING GROUP INC. MMP-Il MITIGATION MONITORING PROGRAM Mitigation Measure HWQ-1 The applicant and future developers of individual lots shall comply with all City of Gilroy and Regional Water Quality Control Board requirements for the proper treatment and retention/ detention of storm water. Compliance with these requirements shall be confirmed prior to issuance of a grading permit. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Engineering Division Monitoring Notes: MMP-12 EMC PLANNING GROUP INC. MONTEREY ROAD COMMERCIAL CENTER ZONE CHANGE AND SUBDIVISION Step 5 During grading and construction, the following mitigation measures shall be implemented: Mitigation Measure AQ.1 The following measures shall be implemented at the site during construction activities: 1. Water all active construction areas at least twice daily; 2. Cover all trucks hauling soil, sand, and other loose materials or require trucks to maintain at least two feet of freeboard; 3. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers no all unpaved access roads, parking areas, and staging areas at construction sites; 4. Sweep daily (with water sweeper) all paved access roads, parking areas, and staging areas at construction sites; and S. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. 6. If the Cherry Orchard Ranch project is approved and residences are occupied prior to the onset of construction at the Monterey Road Commercial Center project site, suspend excavation and grading activity when winds (instantaneous gusts) exceed 2S mph or visible clouds affect sensitive receptors. Party Responsible for Implementation: Applicant Party Responsible Jor Monitoring: Gilroy Engineering Division Monitoring Notes: EMC PLANNING GROUP INC. MMp-13 MITIGATION MONITORING PROGRAM Mitigation Measure AQ-2 The following measures shall be implemented during construction: 1. The idling time of all construction equipment shall not exceed five minutes; 2. Limits the hours of operation of heavy duty equipment and/or the amount of equipment in use; 3. All equipment shall be properly tuned and maintained in accordance with the manufacturer's specifications; 4. When feasible, alternative fueled or electrical construction equipment shall be used at the project site; S. Use the minimum practical engine size for construction equipment; and 6. Gasoline-powered equipment shall be equipped with catalytic converters, where feasible. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Engineering Division Monitoring Notes: MMP-14 EMC PLANNING GROUP INC. MONTEREY ROAD COMMERCIAL CENTER ZONE CHANGE AND SUBDIVISION Mitigation Measure CR-1 Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included on any permits issued for the project site, subject to the review and approval of the Gilroy Planning Division (pursuant to Gilroy General Plan Policy S.07): If archaeological resources are discovered during construction, work shall be halted within SO meters (16S feet) of the fmd until a qualified professional archaeologist can evaluate it. If the fmd is determined to be significant, appropriate mitigation measures shall be formulated and implemented. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: EMC PLANNING GROUP INC. MMP-15 MITIGATION MONITORING PROGRAM Mitigation Measure CR-2 In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that the language is included in all permits in accordance with CEQA Guidelines section 1S064.5(e), subject to the review and approval of the City of Gilroy Planning Division: If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area feasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent 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 Of disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public ReSOUfces 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 landowner or his authorized representative fejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: MMP-16 EMC PLANNING GROUP INC. MONTEREY ROAD COMMERCIAL CENTER ZONE CHANGE AND SUBDIVISION Step 6 Prior to the issuance of occupancy permits, the following mitigation measures shall be implemented: Mitigation Measure T-1 The applicant shall construct either an additional westbound left-turn lane or an additional northbound left-turn lane at the intersection of Monterey Road and Luchessa Avenue. Based on the land use mix contained in the project description from the EIR and traffic study (50% commercial, 40% industrial, 10% office), the project will be required to install the recommended Monterey/Luchessa intersection improvements upon completion of the entire amount of industrial (40% of the site) and office (10% of the site) development and the fIrst 30,000 square feet of commercial uses. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Engineering Division Monitoring Notes: EMC PLANNING GROUP INC. MMP-17 MITIGATION MONITORING PROGRAM Mitigation Measure T.2 The applicant shall widen Monterey Road at the project driveway to accommodate a southbound left-turn lane into the project site to provide for safe and efficient left-turn access into the site. The southbound left-turn pocket should be a minimum of 325 feet long to accommodate the expected maxi,mum vehicle queues. Separate outbound left- and right-turn lanes should be provided on the project driveway approach at Monterey Road. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Engineering Division Monitoring Notes: Mitigation Measure T.3 For the intersection of Monterey Road and Project Driveway, the project's cumulative impact would be mitigated by installing a traffic signal at this intersection, providing a separate southbound left-turn lane, and providing separate westbound right- and left-turn lanes. The southbound left~tum pocket should be a minimum of 32S feet long to accommodate expected maximum vehicle queues. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Engineering Division Monitoring Notes: MMP-18 EMC PLANNING GROUP INC. MONTEREY ROAD COMMERCIAL CENTER ZONE CHANGE AND SUBDIVISION Mitigation Measure T.4 A minimum of two emergency vehicle access points should be provided for the site. The site access design shou1d be modified accordingly, subject to the review and approval of the City of Gilroy Engineering Division and Fire Marshall, to ensure that the site satisfies City of Gilroy requirements for emergency vehicle access. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Engineering Division Monitoring Notes: EMC PLANNING GROUP INC. MMP-19 I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2012-03 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 9th day of January, 2012, 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 lih day of January, 2012. (Seal)