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
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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.
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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:
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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]
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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.
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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.
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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
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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.
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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:
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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:
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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:
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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:
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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;
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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:
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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:
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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:
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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:
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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:
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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:
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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:
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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:
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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:
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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:
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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)