Resolution 2012-26RESOLUTION NO. 2012-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING A/S 11 -16, AN APPLICATION FOR
ARCHITECTURAL AND SITE APPROVAL TO CONSTRUCT
TWO HOTELS 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 11 -16, a Planned Unit
Development ( "PUD "), requesting architectural and site approval of two hotels 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 3,
2012, at which time the Planning Commission considered the public testimony, the staff report
dated May 3, 2012 ( "Staff Report"), and all other documentation related to application A/S I I -
16, and recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on May 21, 2012, at
which time the City Council considered the public testimony, the Staff Report, a supplemental
staff report dated May 21, 2012, and all other documentation related to application A/S 11 -16;
and
WHEREAS, on May 21, 2012, in accordance with the California Environmental Quality
Act ( "CEQA "), the City Council reviewed the Mitigated Negative Declaration adopted for a
similar project on the same site on July 19, 2010 for Z 07 -05, and determined that this newly
proposed project has no new significant effects; 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
-I-
1LAC11046951.1
RESOLUTION NO. 2012-26
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:
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 -three 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 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 and Final Conditions
55 and 62 on this issue.
-2-
1L N 046951.1
RESOLUTION NO. 2012-26
9. The project provides appropriate access, parking, landscaping, trash areas
and storage.
B. The City Council hereby readopts the Mitigated Negative Declaration and
Mitigation Monitoring Program as for Z 07 -05 for this Project, which is attached hereto as
Attachment A -1.
SECTION II
Application A/S 11 -16 hereby is approved subject to the conditions of approval set forth
in Exhibit "A" attached hereto and entitled "Architectural & Site Review A/S 11 -16, The
Fresh Group, Final Conditions of Approval', and subject to the mitigation measures as set
forth in the Mitigated Negative Declaration and the Mitigation Monitoring Program, attached
hereto as Attachment A -1 and incorporated by reference..
PASSED AND ADOPTED this 0 day of June, 2012 by the following roll call vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, LEROE- MUNOZ,
TUCKER and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: DILLON, WOODWARD
APPROVED:
'Alfert Puiheiro, Mayor
ATTEST: %
r.
Shawna
1AM1046951.1
-3-
RESOLUTION NO. 2012-26
Architectural & Site Review A/S 11 -16
The Fresh Group
Final Conditions of Approval
A &S Conditions shall be included as notes on the cover page of the construction drawings
submitted for building permit.
Planning Division (contact Melissa Durkin at 408 - 846 -0451, Melissa .Durkin @cityofgilroy.org)
1. All mitigation measures contained within the attached Mitigated Negative Declaration
shall be applied to the approval of the project to reduce and /or mitigate all potential
significant impacts to a level of insignificance, as required under the California
Environmental Quality Act (CEQA). This shall be subject to the review and approval of
the Planning Division.
2. This project shall conform to the plans prepared by Creative Design Associates, Inc.
dated January 25, 2012; W &W Technologies, Inc. dated May 27, 2011; and Carey B.
Orwig, ASLA dated 3/23/12 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 Creative Design Associates, Inc. and stamped
"Approved" by the Planning Division.
3. Landscaping: Landscaping plans, including specifications for an irrigation system, shall
be approved by the Planning Manager in accordance with the adopted Consolidated
Landscaping Policy and Zoning Ordinance Section 38, 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 approved specific landscape plan.
This shall be subject to the review and approval of the Planning Division.
4. The detention basins shall be limited to a maximum 3:1 slope and a maximum depth of
2.5 feet.
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.
6. 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.
7. 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.
EXHIBIT A
A/S 11 -16, 2
Final Conditions of Approval
6/4/12
8. All backflow devices shall be painted an earth tone color, so that they blend with their
surroundings, and shall be heavily landscaped.
9. All walls and /or fences must be set back at least 15 feet from the front property line.
10. 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.
11. Prior to building permit issuance, provide a section that shows the equipment wells and
provide an elevation plan that shows the location of roof - mounted equipment.
12. Provide specifications for the artwork proposed 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.
13. The developer shall provide the following additional enhancements to the extended stay
hotel: awnings over the fourth -floor windows on the north and south elevations; awnings
over the first -floor doors on the north and south elevations; and awnings over all fourth -
floor windows on the rear elevation that do not show shutters on the submitted plan.
14. 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.
15. 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.
Enaineerina Division (contact Don Dey or Sandra Meditch at 408 - 846 -0451,
Don.Dey @cityofgilroy.org; sand ra. med itch@cityofg i I roy. org)
16. 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.
17. Prior to building permit issuance, the following items shall be completed by the applicant
and /or developer:
a. A signed original composite plan by the electrical design engineer shall be a part
of the improvement plans;
b. A letter from the project civil engineer shall be prepared which states that the
composite plan agrees with City Codes and Standards and that no underground
utility conflict exists;
c. 'Will Serve Letters" from each utility company for the project shall be supplied to
the City; and
d. The City will collect the plan check and inspection fee for the utility underground work.
18. Prior to any construction of the utilities in the field, the applicant and /or developer shall
submit the following items to the Engineering Division for review and approval:
a. A signed and PG &E- approved original electric plan; and
A/S 11 -16, 3
Final Conditions of Approval
6/4/12
b. A letter from the design Civil Engineer that states that electrical plans conform to
City Codes and Standards, and with the approved n improvement plans.
19. Water and sewer allocation agreements are required at building permit.
20. Existing driveways no longer utilized shall be removed and replaced with City standard
curb, gutter, and sidewalk.
21. Landscape plans shall meet with the approval of the Planning Department and any
landscaping installed in the detention basins shall be such that it does not decrease
necessary detention capacity nor flow into the storm drain system, such as loose bark.
22. Improvement plans shall include an approved traffic control plan from CALTRANS for
roadway work along SR 152 — Leavesley Road.
23. Post development run -off must be the same as pre - development run -off. An analysis
identifying post/pre- development run -off rates shall be provided.
24.AII 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 building final.
25. The developer shall submit an estimate of the probable cost of off -site improvements with
the building submittal.
26. The developer shall submit fees and bonds and enter into a property improvement
agreement prior to building final.
27. In 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 Building Permit approval agreeing to
pay all condemnation costs, for dedication of all required easements or street right -of-
way. This agreement shall be recorded and require the owner to deposit all
condemnation costs with the City within 21 days of Building Permit approval. The owner
shall agree to provide an initial cash deposit as determined by the City.
28. Reimbursement is required for any frontage infrastructure including but not limited to
curb, gutter, sidewalk, storm, sewer, and water, constructed by others that benefits this
development.
29.AII backup documentation used as part of the hydraulic calculations including graphs,
charts, tables, equations, assumptions and all sources for hydraulic (including pipe
system) and detention basin calculations shall be provided as part of the hydraulic report
to be submitted with the building permit application.
• Use the City Standard for the detention basin.
• Use 20 as the mean annual precipitation.
• Use the "C" value of 0.8, per your report, for the post - development runoff.
• Use the "C" value shown on the pre - development runoff calculations, 0.3 for soil type D as
stated in the report.
• Provide all equation used in the hydraulic report.
• Provide the pervious surface chosen from Figure A -1.
• Provide confirmation that the geotechnical engineer reviewed and confirmed the soil type
for the hydraulic calculations.
• Provide a structure at all bends and connection points in storm drain system.
• The detention basin system seems to be all connected, but is not reflected in the
calculations.
30. If access to adjacent property will be necessary to construct and install improvements,
permission letters will be required as part of the building permit application.
31. No utility boxes are allowed to be constructed in the sidewalk without prior written
A/S 11 -16, 4
Final Conditions of Approval
6/4/12
approved by the City Engineer.
32.Offsite improvements shall to be completed prior to first occupancy.
33. Show the size of existing and proposed sanitary sewer laterals.
34. Show rain water leaders from buildings. These should be piped to detention basins.
35. Show the location of all existing utility poles, overhead lines, etc. along project frontage
and to nearest existing pole off property frontage.
36. Overhead utilities along the Forest Street portion of the project frontage shall be
relocated underground to the nearest existing allowable riser pole at Leavesley Road and
Forest Street frontage.
37. Show and identify transformers, switches, and splice boxes.
38. Show domestic water service.
39.A lot merger shall be required prior to building permit issuance.
40.A public service easement shall be dedicated to the City prior to building permit issuance.
41. Provide a detail for drainage of the vegetative swale on north side of project to proposed
inlet.
42. Explain how the standing water will be managed in the detention basins.
43. Provide calculations to confirm post - development runoff is equal to or less than pre -
development runoff. This is to ensure the system is designed per City Standards and to
minimize potential for re- design during construction.
44. Provide volume calculations for the detention basins and Stormtech Chamber. This is to
ensure the basins and chamber are sized to handle the volume anticipated for the site
and to minimize potential for re- design during construction. Should it be determined at
time of building permit that the proposed detention basins are inadequate, underground
detention will be required.
45. On Sheet 6, provide grading details such as elevations at the northeasterly corner near
the existing ground which appears to be lower than the proposed grading. Proposed
grading should drain away from neighboring properties.
46. Indicate overland drainage release.
47. Provide erosion control plans.
48. Signing and striping plans shall be prepared in accordance with latest edition of the
California Manual on Uniform Traffic Control Devices (CA MUTCD). Plans shall be
prepared by a California- registered Civil Engineer with experience in preparing signing
and striping.
49. 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 thermoplastic shall be installed.
50. Show the curb ramps and identify if existing or proposed. Curb ramps at the northeast
corner of Leavesley /Forest should be parallel to the crosswalks.
51. Streetlights shall be located a minimum 10 feet from the edge of driveways.
52. Provide a street light plan for Forest Street and Leavesley Road along the property
frontage. The design plan shall show both existing and future street light locations.
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).
A/S 11 -16, 5
Final Conditions of Approval
6/4/12
53. The applicant shall initiate the operational studies on Leavesley Road to lengthen the
eastbound left turn lane by an additional 125 feet. All City and Caltrans permit approvals
must be secured prior to City approval of the project building permits.(see Mitigation
Measure T -1).
54. The applicant must complete construction of the 125 foot left turn lane extension prior to
a project Certificate of Occupancy. (see Mitigation Measure T -1)
55. Provide a compound curve at the northwest corner of Forest/Leavesley to accommodate
truck turning. (See Mitigation Measure T -3). In addition, the owner shall dedicate to the
City sufficient right -of -way for the compound curve as defined by a 70 -foot radius curve
from the south property line to the west property line.
NOTE: See also Condition 62 regarding frontage improvements.
Community Services (contact Chris Weske at 408 - 846 -0460, chris.weske @cityofgilroy.org)
56.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.
57. 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.
58. 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)
59. 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.
60. 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.
61. Exterior Lighting:
A. Lighting to the entry way (front desk) of the Extended Stay Hotel shall be a
minimum of 3 foot - candles.
B. The lighting by the hotel terrace (north side of hotel) shall be a minimum of 5.0 foot
candles.
C. 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.
D. Add additional lighting to the east side of the parking lot.
A/S 11 -16, 6
Final Conditions of Approval
6/4/12
E. 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
of criminal behavior.
Engineering Division (contact Don Dey or Sandra Meditch at 408 - 846 -0451,
Don.Dey @cityofgilroy.org; sand ra. meditch@cityofg ilroy.org) — additional condition
62. The applicant may, at the applicant's option, enter into an improvement agreement that
will allow the City to act as the project lead on the Caltrans improvements, including the
compound curve development - specific frontage improvements. The improvement
agreement shall include, but not be limited to, the following provisions: the applicant will
be responsible for all costs related to city staff time and all costs related to design,
permitting, construction, and construction management. The applicant will also be
required to indemnify and hold the City harmless for any and all claims of any sort or
type, from any person or person(s), or entity; as well as, interference, or harm to the hotel
operations that could occur as a result of the delayed Caltrans improvements, including
the compound curve development - specific frontage improvements. Said indemnity
agreement shall be in a form approved by the city attorney. The applicant shall agree to
abide by Prevailing Wage regulations. The applicant shall agree to enter into the
improvement agreement within three (3) months of City Council approval of A/S 11 -16 or
prior to building permit issuance, whichever occurs first.
Community Development Department
Planning Division (408) 84-6-0440
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 (0). The proposed development consists of
the following:
■ Four -story, full service hotel with 188 guest rooms (approximately
113,100 square feet);
■ Four -story, extended stay hotel 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.
Item vIII.B. Attachment A -1
Forest Street Commercial Z 07 -05 and AS 08 -01 2 April 15, 2009
Negative Declaration
Proiect Location:
Location: The proposed project site is located at the northeast comer 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 101/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) Undertaking Proiect:
Name: ' City of Gilroy Community Development Department
Address: 7351 Rosanna Street, Gilroy, CA 95020
Staff Planner: Melissa Durkin, Melissa.durkin @ci.gilroy.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.
Findings & Reasons:
The initial study identified potentially significant effects on the environment. However, this
project has been mitigated (see Mitigation Measures below which avoid or mitigate the effects)
to a point where no significant effects will occur. There is no substantial evidence the project
may have a significant effect on the environment. The following reasons will support these
findings:
➢ 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 Gilroy.
➢ 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.
D 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.
Item VIII.B. Attachment A -1
Forest Street Commercial Z 07 -05 and AS 08 -01 3 April 15, 2009
Negative Declaration
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 least twice daily;
b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to
maintain at least 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;
i
d. Sweep all paved access roads, parking areas and staging areas at construction sites
daily (with water sweepers);
C. Sweep streets daily (with water sweepers) if visible soil material is carried onto
adjacent public 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 control measures to prevent silt runoff to public
roadway; and.
h. Replant vegetation in disturbed areas as quickly as possible.
Biological Resources
BI0-1 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 located
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 biologist conducts nest checks and establishes that the young
Item vul.6. Attachment A -1
Forest Street Commercial Z 07 -05 and AS O8 -01 4 April 15, 2009
Negative Declaration
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 submittal, 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 planned for removal. Based
on review of the plan, the City shall determine which trees, if any, 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 Planning
Division.
Cultural Resources
CR -1. Due to the possibility that significant buried cultural 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 archaeological 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 15064.5(e), in the event of discovery or recognition of any
human remains in any location other than a dedicated cemetery:
Item VIII.B. Attachment A -1
r-
Forest Street Commercial Z 07 -05 and AS 08 -01 5 April 15, 2009
Negative Declaration
If human remains are found during construction there shall be no further excavation or
disturbance of the site or any nearby area reasonably 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 likely descendent (MID) from the deceased Native American. The WD 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 MID 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 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 -1. 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 control runoff, erosion and
sedimentation from the site. The SWPPP must include Best Management Practices that
address source reduction and, if necessary, 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.
Item VIII.B. Attachment A -1
Forest Street Commercial Z 07 -05 and AS 08 -01 6 April 15, 2009
Negative Declaration
Transportation/Traffic
T -1. The applicant shall restripe the southbound left -turn pocket on Forest Street to include
approximately 125 additional feet (200 feet total), 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 plan for the eastbound left -turn pocket. An additional 115 feet
of storage space is required, however, an existing back -to -back turn pocket at Swanton Lane
limits available space for extension of the lane, as one lane cannot be lengthened without
shortening the other. If an additional parallel turn lane cannot be constructed for the
eastbound turn pocket, the left turn pocket into Swanton Lane would -heed to be
eliminated, 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
final driveway arrangement and number shall be subject to approval 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 Leavesley Road intersection to
accommodate truck turning movements onto Forest Street, or a mutually arc eptable
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 lanes.. or a'mutually acceptable solution that meets Engineering and Planning Division
standards. Adequacy of the improvement plans 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.
Item VIII.B. Attachment A -1
r i
Forest Street Commercial Z 07 -05 and AS 08 -01 7
Negative Declaration
April 15, 2009
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
Item VIII.B.
Attachment A -1
Mitigation Monitoring Checklist Forest Street Commercial Z 07 -05 and A/S 08 -01
Forest Street Commercial Zone Change
and Architectural & Site Approval
(Z -07 -05 and AS 08 -01)
Mitigation Monitoring Program
Introduction
CEQA Guidelines section 15097 requires. public agencies to adopt reporting or
monitoring programs when they approve projects subject to an environmental impact
report or a negative declaration that includes mitigation measures to avoid significant
adverse environmental effects. The reporting or monitoring program is to be designed to
ensure compliance with conditions 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
mitigated negative declaration. These mitigation measures are designed to eliminate or
reduce significant adverse environmental effects to Iess than significant levels. These
mitigation measures become conditions of project approval, which the project proponent
is required to complete during and after implementation of the proposed project.
The attached checklist is proposed for monitoring the implementation of the mitigation
measures. This monitoring checklist contains all appropriate mitigation measures in the
environmental impact report.
Monitoring Program Procedures
The City of Gilroy shall use the attached monitoring checklist for the proposed project.
The monitoring program should be implemented as follows:
I. The Gilroy Community Development Department should be responsible for
coordination of the monitoring program, including the monitoring checklist. The
f Community Development Department should be responsible for completing the
Item R11m ent A -I 1
Mitigation Monitoring Checklist Forest Street Commercial Z 07 -05 and A/S 08-01
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.
l .
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.
It a dnt A -1 2
Forest Street Commercial Z OT-05 and A/S 08 -01
Step 1. Prior to approval of the improvement plans, the following mitigation
measures shall be addressed:
Mitigation Measure T -1 -A
The applicant shall restripe the southbound left -turn pocket on Forest Street to
include approximately 125 additional feet (200 feet total), and shall constrict
a 300 -foot long median to separate left- turning traffic from the northbound
lane.
Mitigation Measure T -1 -13
( The applicant shall work with the City of Gilroy Engineering Division and
Caltrans to develop an acceptable striping plan for the eastbound left -turn
pocket. An additional 115 feet of storage space is required, however, an
existing back-to-back turn pocket at Swanton Lane limits available space for
extension of the lane, as one lane cannot be lengthened without shortening
the other. The left turn pocket into Swanston Lane will need to be eliminated,
with traffic bound for Swanston Lane-using the existing left turn lane at
Forest Street or the existing left turn pocket west of Swanton Lane. The
applicant shall secure Caltrans approval of improvement plans and obtain an
encroachment permit for all work within the SR 152 right -of -way.
As part of the design process for the Leavesley Road turn lanes, the applicant
shall prepare a traffic operational analysis of the Leavesley Road /Forest .
Street intersection and the queuing and U turn impacts on Leavesley Road
between Forest Street and Monterey Road.
Party Responsible for Implementation: Applicant
Party Responsible forMonitoring: Gilroy Engineering Division
Mitigation Measure T -2
The applicant shall designate the southernmost driveway for right turns in
and out only. The final driveway arrangement and number shall be subject to
approval 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 ofproject driveways.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring.• Gilroy Engineering Division
Itemyili R
City of Gilroy 1
Mitigation Monitoring Checklist Forest Street Commercial Z 07 -05 and A/S 08 -01
Mitigation Measure 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. Leavesley
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 lanes, or a
mutually acceptable solution that meets Engineering and Planning. Division
standards. Adequacy of the improvement plans shall be demonstrated to the
Gilroy Engineering Division.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Engineering Division
Mitigation Measure T -4
The applicant shall design 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. Sidewalks shall be included
on the site plan to connect the street frontage sidewalk to the fast food
restaurant south of the driveway; and to connect either the street frontage
sidewalk or the sidewalk at the northwest corner of the restaurant to either the
full service hotel entrance or the interior corridor. Bicycle parking shall be
included in at least two locations convenient to building entrances.
Panty Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Engineering Division
Step 2. Prior to issuance of permits or the start of construction activities, the
following mitigation measures shall be addressed:
Mitigation Measure T -1 -B
The applicant shall work with the City of Gilroy Engineering Division and
Caltrans to develop an acceptable striping plan for the eastbound left turn
pocket. An additional 115 feet of storage space is required, however, an
existing back -to -back turn pocket at Swanton Lane limits available space for
extension of the lane, as one lane cannot be lengthened without shortening
the other. The left turn pocket into. Swanton Lane will need to be eliminated,
with traffic bound for Swanston Lane using the existing left turn lane at
Forest Street or the existing left turn pocket west of Swanton Lane. The
applicant shall secure Caltrans approval of improvement plans and obtain an
encroachment permit for all work within the SR 152 right -of -way.
It m V111-R-
2
EMC Planning Group Inc.
Forest Street Commercial Z 07 -05 and A/S 08 -01 Mitigation Monitoring Checklist
As part of the design process for the Leavesley Road turn lanes, the applicant
(^ shall prepare a traffic operational analysis of the Leavesley Road /Forest
Street intersection and the queuing and U turn impacts on Leavesley Road
between Forest Street and Monterey Road.
Mitigation Measure 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 Leavesley
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 lanes, or a
mutually acceptable solution that meets Engineering and Planning Division
standards. Adequacy of the improvement plans shall be demonstrated to the
Gilroy Engineering Division.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Engineering Division
Mitigation Measure HY -1
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 control runoff, erosion and sedimentation from the site. The
SWPPP must include Best Management Practices that address source
reduction and, if necessary, 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, drainage of parking lot run -off into bio- swales, or
other low impact development methods.
Party Responsible for Implementation: Applicant
Party Responsible forMonitoring: Gilroy Engineering Division
Mitigation Measure CR-1
Due to the possibility that significant buried cultural 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:
Item VIII .B.
City of Gilroy 3
Mitigation Monitoring Checklist Forest Street Commercial Z 07 -05 and A/S 08-01
If archaeological 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.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure CR -2
The City of Gilroy shall ensure that this language is included in all permits in
accordance with CEQA Guidelines section 15064.5(e), in the event of
discovery or recognition of any human remains in any location other than a
dedicated cemetery:
If human remains are found during construction there shall be no further
excavation or disturbance of the site or any nearby area reasonably. 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 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 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 landowner 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.
Party Responsible for Implementation: Applicant
Party Responsible forMonitoring: Gilroy Planning Division
Item VIII.B.
4 EMC Planning Group Inc.
Forest Street Commercial Z 07 -05 and A/S 08 -01 Mitigation Monitoring Checklist
Mitigation Measure 1310 -1
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 located 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 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 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.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure 1310 -2
Prior to building permit submittal, 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 planned for removal. Based on review of the plan, the City
shall determine which trees, if any, 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 Planning Division.
Party Responsible for Implementation: Applicant
Party Responsible forMonitoring.- Gilroy Planning Division
Item VIII.B.
City of Gilroy 5
Mitigation Monitoring Checklist Forest Street Commercial Z 07 -05 and A/S 08 -01
Mitigation Measure AQ -1
The following measures shall be required during construction activities that
result in ground disturbance (grading or excavation):
a. Water all active construction areas at least twice daily;
b. Cover all trucks hauling soil, sand, and other loose materials or require all
trucks to maintain at least 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 visible soil material is carried
onto adjacent public 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 control measures to prevent silt runoff to
public roadway; and
h. Replant vegetation in disturbed areas as quickly as possible.
Party Responsible for Implementation: Applicant.
Party ResponsibleforMonitoring., Gilroy Engineering Division
Step 3. Prior to issuance of occupancy permits, the following mitigation measures
shall be addressed:
Mitigation Measure T -1 -A
The applicant shall restripe the southbound left -tum pocket on Forest Street to
include approximately 125 additional feet (200 feet total), and shall construct
a 300 -foot long median to separate left - turning traffic from the northbound
lane.
Item VIII.B.
6 EMC Plannirig Group Inc.
r
Forest Street Commercial Z 07 -05 and A/S 08 -01 Mitigation Monitoring Checklist
Mitigation Measure. T -9 -13
The applicant shall work with the City of Gilroy Engineering Division and
Caltrans to develop an acceptable striping plan for the eastbound left -tam
pocket. An additional 115 feet of storage space is required, however, an
existing back-to-back turn pocket at Swanston Lane limits available space for
extension of the lane, as one lane cannot be lengthened without.shbrtening
the other. The left turn pocket into Swarimn Lane will need to be eliminated,
with traffic bound for Swanton Lane using the existing left turn lane at
Forest Street or the existing left turn pocket west of Swanston Lane. The
applicant shall secure. Caltrans approval of improvement plans and obtain an
encroachment permit for all work. within the SR 152 right -of -way.
As part of the design process for the Leavesley Road turn lanes, the applicant
shall prepare a traffic operational analysis of the Leavesley Road /Forest
Street intersection and the queuing and U turn impacts on Leavesley Road
between Forest Street and Monterey Road.
Party Responsible for Implementation: Applicant
Party Responsible forMonitoring: Gilroy Engineering Division
Mitigation Measure 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 Leavesley
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 lanes, or a
mutually acceptable solution that meets Engineering and Planning Division
standards. Adequacy of the improvement plans shall be demonstrated to the
Gilroy Engineering Division.
Party Responsible for Implementation., Applicant
Party Responsible for Mon itoring: Gilroy Engineering Division
Item VIII.B.
City of Gilroy 7
Mifigation Monitoring Checklist Forest Street Commercial Z 07 -05 and A/S 08 -01
Mitigation Measure T-4
The applicant shall design 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. Sidewalks shall be included
on the site plan to connect the street frontage sidewalk to the fast food
restaurant south of the driveway; and to connect either the street frontage
sidewalk or the sidewalk at the northwest corner of the restaurant to either the
full service hotel entrance or the interior corridor. Bicycle parking shall be
included in at least two locations convenient to building entrances.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring.- Gilroy Engineering Division
Item VIII.B.
8 EMC Planning Group Inc.
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2012 -26 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 4d' day of June, 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 5t' day of June, 2012.
Shama Freels, CM
City Clerk of the f Gilroy
(Seal)