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Ordinance 2000-10ORDINANCE NO. 2000-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN APPLICATION FOR A CHANGE IN THE ZONING DESIGNATION FROM M1, LIMITED INDUSTRIAL, TO MI-PUD, LIMITED INDUSTIAL-PLANNED UNIT DEVELOPMENT, ON APPROXIMATELY 18.95 ACRES, APN 841-14-076 WHEREAS, Howard Vierra, the applicant, submitted application Z00-01 requesting to change the zoning designation on property identified as APN 841-14-076 from M1, (Limited Industrial) to M1-PUD (Limited Industrial - Planned Unit Development) and consisting of approximately 18.95 acres; and WHEREAS, the property affected by Z00-01 is located on the east side of Monterey Road and Highway 101, such land being indicated on the map attached hereto as Exhibit A; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Mitigated Negative Declaration with fifteen (15) mitigation measures was properly circulated in conjunction with this application; and WHEREAS, the Planning Commission reviewed application Z00-01 at its duly noticed public heating on July 6, 2000, and recommended that the City Council adopt the mitigated Negative Declaration and approve application Z00-01; and WHEREAS, the City Council held a duly noticed public hearing on July 17, 2000, at which time the City Council considered the public testimony, the Staff Report dated June 27, 2000, (revised July 11, 2000) and all other documentation related to application Z00-01; and WHEREAS, thereafter the City Council adopted the Mitigated Negative Declaration for this project, finding that it was completed in compliance with CEQA, that it reflected the independent judgment of the City, and that there is no substantial evidence in the record that the project will have a significant effect on the environment; 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 \GMB~487651.t - 1 - ORDINANCE NO. 2000-10 01~72404706002 City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council hereby finds that the zone change is consistent with the land use designation of the General Plan Map and the policies of the General Plan as fidly discussed in the StaffReport dated June 27, 2000, (revised July 11, 2000). Bo The City Council hereby finds that this project will not be detrimental to the public welfare or injurious to persons or property in the vicinity C. The City Council finds that application Z00-01 should be and hereby is approved, subject to the fifteen (15) mitigation measures set forth in the Negative Declaration, and the City Council hereby adopts said mitigation measures and the Mitigation/Monitoring Program, attached hereto as Exhibit B and incorporated herein by this reference. PASSED AND ADOPTED this 5th day of September, 2000 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Rhonda Pellin, City Clerk G. ARELLANO, MORALES, PINHEIRO, SUDOL, VELASCO, SPRINGER P. ARELLANO NONE APPROVED: Thomas W. Springer, Ma~ ~GMB\487651.1 -2- ORDINANCE NO. 2000-10 01-072404706002 Garlic Farm Annex Initial Study (Z 00-0~, A/S 00-07) Mitigation Monitoring Program Introduction On January 1, 1989, the California State Legislature passed into law Assembly Bill 3180. Th/s bill 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 meastcms 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 this initial study. These mitigation measures are designed to eliminate or reduce significant adverse environmental effects to less-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 this initial study. Monitoring Program Procedures It is required that the City of Gilroy use the attached monitoring checklist for the proposed project. The monitoring program should be implemented as follows: The Gilroy Planning Director should be responsible for coordination of the monitoring program, including the monitoring checklist. The Planning Director should be responsible for completing the monitoring checklist and distributing the checklist to the responsible individ-alg or agencies for their use in monitoring the mitigation measures. 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 w/th, the responsible individual or agency should submit a copy of the monitoring checklist to the Planning Director 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 Planning Director. Galic Farm Annex Initial Study Mitigation Monitoring Program I Prior to issuance of an occupancy permit, the Planning Director should review the checklist to ensure that all mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with. An occupancy permit should not be issued until all mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with. If a responsible individual or agency determines that a non-compliance has occurred, a written notice should be delivered by certified mail to the project proponent within 10 days, with a copy to the Planning Director, describing the non-compliance and requiring compliance within a specified period of time. If a non-compliance still exists at the expiration of the specified period of time, construction may be halted and fines may be imposed at the discretion of the City of Gilroy. Garlic Farm Annex Initial Study Mitigaffon Monito~qng Program 2 Mitigation Monitoring Checklist A Prior to project approval, the following mitigation measures shall be implemented: Mitigation Nature of Mitigation Party Party Measure Responsible for Responsible Number Implementation for Monitoring 1 Each use on the project shall submit a detail Developer Gilroy plan for all exterior lights. The lighting plan Planning Division shall incorporate design elements that will minimize the potential for light and glare impacts on adjacent residential properties. The lighting plan shall be subject to the review and approval by the City Planning Division, prior to issuance of a Conditional Use Permit. 3 Due to the possibility that significant buried Developer GiLroy cultural resources might be found during Planning Division construction, the following language shall be included in all permits issued for the project site, including but not limited to building permits for the future development, pursuant to the review and approval of the City Planning Division: "If archaeological resources or human remains are discovered during construction, work shall be halted at a minimum of 200 feet from the find and the area shall be staked off. The project developer shall notify the coroner or the Director of the Archaeological Regional Reseamh Center. lfthe find is determined to be significant, appropriate mitigation measures shall be formulated and implemented." 4 In the event of an accidental discovery or Developer Gflroy recognition of any human remains in any Planning location other than a dedicated cemetery, the Division following language shall be included in all permits issued for the project site in accordance with CEQA Guidelines §15064.5 (e), including, but not limited to building permits for future development pursuant to review and approval of the City Planning Division: Garlic Farm Annex Initial Study Mitigation Monitoring Program 3 MilSgation Nature of Mitigation Party Party Measure Responsible for Responsible Number Implementation for Monitoring "If human remains are found during construction, there shall be no further 4 (Cont) excavation or disturbance of the site or any nearby area reasonably 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 fi.om the deceased Native American. The most likely descendent may then make recommendations to the landowner of 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 §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 most likely descendent or the most likely descendent 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. 12 The design of all storm drainage improvements Developer Gilroy serving the project site shall be provided by the Engineering developer, subject to review and approval by the Division City Engineering Division prior to the issuance of a Conditional Use Permit. These design plans shall include, but not be limited to: Garlic Farm Annex Initial Study Mitigation Monitoring Program 4 Mitigation Nature of Mitigation Party Party Measure Responsible for Responsible Number Implementation for Monitoring a) Calculations verifying that at least 1.9 12 (Cont) acre-feet of water detemion storage will be provided at the project site; b) The water detention storage shall be lined; c) Applicable storm water source and treatment-based best management practices, applied and maintained, as recommended in the California Storm Water Best Management Practice Handbook; d) Sediment and pollution control facilities within the storm drainage detention facilities; e) Provisions for periodic sweeping of roadways, driveways, and parking areas on the project site; and f) The preliminary grading plan, site plans and building designs shall be consistent with the Binkley Study and comply with the City of Gilroy Flood Plain Control Ordinance and shall not impede the flow of floodwaters. 13 The following language shall be included on any Developer Gilroy permits issued for the proposed project, Planning including, but not limited to, building permits Division for future development: "All noise generating construction activities shall be limited to weekdays between 7 AM and 7 PM, to Saturdays and City holidays between 9 AM and 7 PM. No construction is allowed on Sundays." Garlic Farm Annex Initial Study Mitigation Monitoring Program 5 Mitigation Monitoring Checklist B Prior to approval of Final Improvement Plans, the following mitigation measures shall be implemented: Mitigation Nature of Mitigation Party Party Measure Responsible for Responsible Number Implementation for Monitoring 14 The project applicant shall prepare an on-site Developer Gilroy improvement plan for review and approval by Engineering Division City of Gilrny Engineering Division prior to approval of the final improvement plans. This plan shall address, at a minimum: a) Verify the adequacy of the new project driveway/main internal circulation roadway to ensure that it can be easily and safely negotiated by recreational vehicles and trucks. b) Provide negotiable access for two-way truck circulation between project parking, retail parts sales, maintenance and washing, and existing truck stop facility. e) Verify adequacy of parking space and aisle dimensions in new truck parking area, especially for semi-trailer combinations. 15 The project applicant shall prepare an off-site Developer Gilroy improvement plan for review and approval by Engineering the City of Gilroy Engineering Division prior to Division approval of the final improvement plans. This plan shall address, at a minimum: a) Dedicate right-of-way and provide frontage improvements along the project frontage on Bolsa Road to accommodate a four-lane divided arterial with channelization. b) Dedicate right-of-way for the entire portion of Southside Drive and establish a bond for fmancing the future improvements of half the width of Southside Drive as per city design standards for an arterial road. Garlic Farm Annex Initial Study Mitigation Monitoring Program 6 Mitigation Nature of Mitigation Party Party Measure Responsible for Responsible Number Implementation for Monitoring 15 (Cont) c) Align the new project driveway and the Chevron south driveway. d) Provide a curbed strut-type entrance serving the exiting Jack-in-the-Box restaurant to reduce the potential of queues blocking Monterey/Bolsa/North Highway 101 Ramps-Travel Park Circle intersection. e) Add southbound and northbound left turn lanes at the Bolsa Road/South Chevron Driveway-Garlic Farms RV Park driveway intersection in order to minimize conflicts as through traffic increases in the future. f) Coordinate with the Santa Clara Valley Transportation Authority regarding additional right-of-way requiremems for bus turnout along the north side of the Southside Road extension east of Bolsa Road. Cmrlic Farm Annex Initial Study Mitigation Monitoring Program 7 Mitigation Monitoring Checklist C Prior to issuance of a building permit, the following mitigation measures shall be implemented: Mitigation Nature of Mitigation Party Party Measure Responsible for Responsible Number Implementation for Monitoring 5 The project shall be designed in accordance with Developer Gilroy BLES earthquake design regulations of the Uniform Division Building Code, subject to the review and approval of thc City Building, Life and Environmental Safety Division. 10 The project proponent shall pay the appropriate Developer Gilroy storm drain development fees, subject to review Engineering by the City Department of Public Works, prior Division to issuance of a building permit. 11 The project proponent shall be required to Developer Gilroy BLES obtain a NPDES General Construction Permit, Division prior to issuance of a building permit. Garlic Farm Annex Initial Study Mitigation Monitoring Program 8 Mitigation Monitoring CheckList D Prior to comn~ncement of construction activities, the following mitigation measures shall be implemented: Mitigation Nature of Mitigation Party Party Measure Responsible for Responsible Number Implementation for Monitoring 6 The following language shall be included in Developer Gilroy grading permits for the proposed project, EngLneering pursuant to the review and approval of the City Division Engineering Division: a) Protect down slope drainage courses, streams, and storm drains with hay bales or temporary drainage swales; b) Use check dams or ditches to divert runoff around excavations; c) Cover stockpiles and excavated soil with secured tarps or plastic sheeting; and d) Schedule excavation and grading work for dry weather. 7 The project developer shall submit a soils Developer Gilroy investigation prepared for the project by a Engineering qualified soils engineer. The purpose of the Division soils investigation is to determine the exact soil characteristics and limitation on the site, and to recommend appropriate engineering specifications for development of the site. The recommendations of the soils investigation shall be incorporated into the final building plans and shall be reviewed and approved by the Gilroy Engineering Division prior to commencement of construction. 9 The applicant shall submit a Notice of Intent Developer Gilroy (NOI) and detailed engineering designs to the Engineering Central Coast Regional Water Quality Control Division Board. This permit shall require development and implementation of a Storm Water Prevention Plan that uses storm water "Best Garlic Farm Annex Initial Study Mitigation Monitoring Program 9 Mitigation Nature of Mitigation Party Party Measure Responsible for Responsible Number lanplementation for Monitoring 9 (Cont) 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 commencement of construction. Garlic Farm Annex Initial Study Mitigation Monitoring Program 10 Mitigation Monitoring Checklist E D,~rmg construction activities, the following mitigation meas~ shall be implemented: Mitigation Nature of Mitigation Party Party Measure Responsible for Responsible Number Implementation for Monitoring 2 Control measures shall be incorporated into any Developer Gilroy BLES permits with development of the project site, Division subject to the review and approval by the City of Gilroy Building, Life & Environmental Safety Division and the Ci~' of Gilroy Engineering Division. Measures shall be implemented during grading and construction activities, as needed to control dust. 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 daily (with water sweepers) all paved access roads, parking and staging areas at construction sites. e) Sweep street daily (with water sweepers) if visible soil materials are 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.). h) Limit traffic speeds on unpaved roads to 15 mpg. i) Install sandbags or other erosion control measures to prevent silt runoff to public roadways. Garlic Farm Annex Initial Study Mitigation Monitoring Program 11 Mitigation Monitoring Checklist F Prior to comr~ncement of operations, the followhag mitigation measures shall be implemented: Mitigation Nature of Mitigation Party Party Measure Responsible for Responsible Number Implementation for Monitoring 8 The project proponent, and any future users of Developer Gilroy BLES the project site, are required to operate in Division accordance with the regulation of the CiW of Gilroy Chemical Control Division and the City of Gilroy Fire Department. Prior to commencing operations, the property operator is required to submit information on all hazardous chemicals to be stored and all processes to be conducted at the project site to the City of Gilroy Chemical Control Division, for review and approval. Both the Chemical Control Division and the City of Gilroy Fire Department are responsible for inspections and enforcement. Hazardous waste transport, recycling, processing and storage facilities must comply with the Santa Clara Hazardous waste Management Plan. The storage of more than 55 gallons of any on hazardous material listed in the City's adopted Hazardous Materials Storage Ordinance shall require issuance of a conditional use permit. Such conditional use permit shall be valid for no more than one year at a time, but may be renewed on an annual basis by the Planning Division Manager. If the Planning Division Manager determines that there have been no known problems in relation to the storage of hazardous materials on the site, the renewal may be granted. If the Planning Division Manager determines that there have been such problems, the use permit shall be come void until or unless the determination is successfully appealed or a new conditional use permit is obtained. No quantity greater than 55 gallons of any material listed in the City's adopted Hazardous Materials Storage Ordinance shall be stored within 400 feet of any residential zoning district of water well or water well of the City of Gilroy. Garlic Farm Annex lnitial Study Mitigation Monitoring Program 12 Mitigation Nature of Mitigation Party Party Measure Responsible for Responsible Number Implementation for Monitoring 9 The applicant shall submit a Notice of Intent Developer Gflroy (NOD and detailed engineering designs to the Engineering Central Coast Regional Water Quality Control Division Board. This permit shall require development and implementation of a Storm Water Prevention Plan 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 commencement of construction. Garlic Farm Annex Initial Study Mitigation Monitoring Program 13 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2000-10 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 5th day of September, 2000, at which meeting a quorum was present. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 4th day of October, 2000. City Clerk of the City of Crilroy (Seal)