Resolution 2014-27RESOLUTION NO. 2014-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
MAKING CERTAIN FINDINGS REQUIRED BY THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) IN CONNECTION WITH
GPA13 -01, AN AMENDMENT TO THE GENERAL PLAN
CIRCULATION ELEMENT; Z13 -06, AN AMENDMENT TO THE
MCCARTHY BUSINESS PARK PLANNED UNIT DEVELOPMENT
(PUD) ZONING; AND AS13 -18, AN ARCHITECTURAL AND SITE
PERMIT REQUEST FOR THE DEVELOPMENT OF A PHASE 1
WAREHOUSE AND DISTRIBUTION BUILDING WITH AN
APPROXIMATELY 440,000 - SQUARE -FOOT FOOTPRINT, ALONG
WITH ANCILLARY STRUCTURES, PARKING, STORMWATER
CONTROL MEASURES, ETC. AND A PHASE 2 THAT WOULD
EXPAND THE WAREHOUSE AND DISTRIBUTION BUILDING TO
APPROXIMATELY 800,000 SQUARE FEET, FOR WHICH AN
ENVIRONMENTAL IMPACT REPORT (EIR) HAS BEEN PREPARED,
FOR THE UNITED NATURAL FOODS INCORPORATED (UNFI)
WAREHOUSE AND DISTRIBUTION FACILITY PROJECT
WHEREAS, United Natural Foods Incorporated (UNFI) submitted application
GPA13 -01, a General Plan Amendment, and application Z13 -06, a Zoning Amendment, to
amend of the General Plan Circulation Element and McCarthy Business Park Planned Unit
Development (PUD) site plan, respectively, to modify the alignments of the future extensions
of Cameron Boulevard and Luchessa Avenue and to terminate Camino Arroyo at Venture
Way. The zoning amendment also proposes expansion of the current PUD boundary to
encompass the project site in its entirety, as well as changes to the previously approved
design guidelines related to flooding, lighting, signage, and other minor changes "UNFI
Project "); and
WHEREAS, the need for the General Plan Amendment and for the revision to the
existing PUD zoning are required exclusively as a result of proposed changes to the roadway
network and are not triggered by other aspects of the proposed development; and
WHEREAS, UNFI submitted associated application AS13 -18, an Architectural and
Site Permit request, to develop a warehouse and distribution building with an approximately
440,000 - square -foot footprint (Phase 1), with attached administrative and shipping offices,
including second floor office areas that bring the total usable square footage to approximately
450,000 square feet; as well as an associated, approximately 10,000 square -foot truck
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maintenance building, as well as fueling, parking, landscaping, and stormwater treatment
facilities; with a future Phase 2 anticipated to expand the warehouse and distribution building
to approximately 800,000 square feet, which is also part of the UNFI Project; and
WHEREAS, the modifications to the roadway network that are the subject of
GPA13 -01 are located at 6350 Camino Arroyo (Assessor's Parcel Number [APN] 841 -17-
115) and on the property immediately south of the aforementioned parcel, APN 841 -17 -084;
and
WHEREAS, the proposed updates to the previously approved approximately 104-
acre PUD zoning area that are the subject of Z13 -06, plus the additional four acres at the
southerly end of the site, encompass the properties identified as APNs 841 -17 -100, 841 -17-
101, 841 -17 -104 through 112, 841 -17 -115, and 841 -84 -001 through -009; and
WHEREAS, the UNFI Project that is the subject of AS13 -18 encompasses an
approximately 53 acre parcel within the previously subdivided McCarthy Business Park area
of the City (formerly the Wellington Business Park), that is located at 6350 Camino Arroyo,
on the south side of Venture Way, APNs 841 -17 -111, -112, and -115; and
WHEREAS, the City Council of the City of Gilroy ( "City ") intends to approve the
UNFI Project; and
WHEREAS, the UNFI Project is the subject of a Final Environmental Impact Report
( "UNFI FEIR ") prepared on behalf of the City, as the lead agency, in compliance with the
California Environmental Quality Act, (Pub. Resources Code § 21000 et seq.) and the CEQA
Guidelines (Cal. Code Regs., title 14, § 15000 et seq) ( "CEQA" ); and
WHEREAS, the UNFI FEIR consists of the Draft EIR ("DEIR ") dated February
2014 (State Clearinghouse Number 2013091002), and the FEIR dated May, 2014, including
the updated Water Supply Assessment dated May 2014, prepared on behalf of the City of
Gilroy by Pacific Municipal Consultants, and other information in the record, prior to acting
upon or approving the UNFI Project, and found that the Final EIR has been completed in
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compliance with CEQA and reflects the independent judgment and analysis of the City as
lead agency for the UNFI Project; and
WHEREAS, CEQA requires that, in connection with the approval of a project for
which an EIR has been prepared which identifies one or more significant environmental
effects, the decision - making body make certain findings regarding those effects; and
WHEREAS, the City Council of the City of Gilroy is the decision- making body
for the UNFI Project; and
WHEREAS, the Planning Commission held a duly noticed public hearing on May
15, 2014, at which time the Planning Commission considered the public testimony, the staff
report dated May 1.5, 2014, and all other documentation related to the UNFI Project, and
recommended that the City Council certify the FEIR and approve the UNFI Project; and
WHEREAS, the City Council held a duly noticed public hearing on June 2, 2014, at
which time the City Council considered the public testimony, the Staff Report, and all other
documentation related to the UNFI project; and
WHEREAS, the location and custodian of the documents or other materials
which constitute the record of proceedings upon the City Council's decision is based is
the office of the City Clerk; and
NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY make the
following findings with respect to the significant effects on the environment of such
General Plan as identified in the Final EIR.
1. The findings and recommendations set forth herein are made by this City
Council as the City's findings pursuant to CEQA relating to the UNFI Project. The findings
provide the written analysis and conclusions of the City Council regarding the UNFI
Project's environmental impacts, mitigation measures and alternatives to the UNFI Project.
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2. This City Council does hereby designate the City Clerk's office of the City of
Gilroy, at 7351 Rosanna Street, Gilroy, California 95020, as the custodian of documents and
record of proceedings on which the decision is based; and
3. This City Council does hereby adopt the UNFI FEIR as set forth or modified
herein as conditions of the UNFI Project; and
4. This City Council does hereby make the foregoing findings with respect to the
significant effects on the environment of the UNFI Project based on facts within the
administrative record as a whole, and as identified in the UNFI FEIR, with the stipulation
that all information in these findings is intended as a summary of the entire record supporting
the UNFI FEIR. Any mitigation measures and/or alternatives that were suggested by
commenters on the DEIR and not adopted as part of the UNFI FEIR are hereby expressly
rejected for the reasons stated in the responses to the comments set forth in the UNFI FEIR
and in the record;
I. UNFI PROJECT FINDINGS REGARDING SIGNIFICANT
ENVIRONMENTAL IMPACTS
A. AESTHETIC IMPACTS
1. Potentially Significant Impact: Light and Glare. The proposed project would
introduce new sources of lighting and glare that could adversely affect existing and proposed
development in the vicinity of the project site. This impact would be potentially significant.
Mitigation: The project applicant shall prepare and submit a detailed exterior lighting plan
with photometric calculations to the City to (1) substantiate the statement that no light will
trespass onto adjacent properties will occur and (2) verify that excessive lighting levels are
not proposed. All external lighting shall be indicated on project improvement plans, subject
to review and approval by the City of Gilroy, and the Applicant shall comply with said
approved plans in the construction and operation of the project.
Finding: The implementation of this mitigation measure will avoid or substantially lessen
this potential significant environmental impact.
B. AGRICULTURAL IMPACTS
1. Significant and Unavoidable Impact: Loss of Important Farmland. Implementation
of the proposed project would result in the loss of approximately 53 acres of important
farmland, of which approximately 41 acres are designated Prime Farmland and
approximately 12 acres are designated Farmland of Statewide Importance (DOC 2010). This
is considered a significant and unavoidable impact.
Mitigation: No feasible mitigation available.
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Finding: The decisions to use the subject site for industrial uses have repeatedly occurred
over a period of nearly 30 years. Environmental analyses dating back to 1986 cited the loss
of the farmland on this site as a land as a significant unavoidable impact. Despite the
inconsistency in the characterization of how much prime farmland exists at the site as part of
a 1994 EIR, the loss of farmland has been consistently acknowledged through a series of
entitlements and CEQA documents in 1986, 1994, 1997, and 2000. Given the inconsistency
in the 1994 analysis, the city took a conservative approach and completed a Land Evaluation
and Site Assessment analysis to ensure that the EIR would adequately disclose potential
impacts at this point in time. Through that evaluation process, the loss of important farmland
was identified as a significant unavoidable impact.
The agricultural conversion of the site effectively occurred with the series of decisions in
1986, 1994, 1997, and 2000. Various infrastructure improvements have been constructed to
implement those prior discretionary approvals, and those discretionary approvals pre -date the
city's Agricultural Mitigation Policy, which was adopted by the city council in 2004.
Therefore, the city's agricultural mitigation policy does not apply to the proposal, since the
conversion the agricultural land was decided through a series of prior discretionary
approvals. This environmental impact is considered significant and unavoidable.
2. Significant and Unavoidable Impact: Cumulative Loss of Important Farmland. The
proposed project, as part of city -wide general plan growth, would result in the cumulative
loss of important farmland. This impact is considered a significant and unavoidable
consequence of the proposal.
Mitigation: No feasible mitigation available.
Finding: The decisions to use the subject site for industrial uses have repeatedly occurred
over a period of nearly 30 years. Environmental analyses dating back to 1986 cited the loss
of the farmland on this site as a land as a significant unavoidable impact. Despite the
inconsistency in the characterization of how much prime farmland exists at the site as part of
a 1994 EK the loss of farmland has been consistently acknowledged through a series of
entitlements and CEQA documents in 1986, 1994, 1997, and 2000. Given the inconsistency
in the 1994 analysis, the city took a conservative approach and completed a Land Evaluation
and Site Assessment analysis to ensure that the EIR would adequately disclose potential
impacts at this point in time. Through that evaluation process, the loss of important farmland
was identified as a significant unavoidable impact.
The agricultural conversion of the site effectively occurred with the series of decisions in
1986, 1994, 1997, and 2000. Various infrastructure improvements have been constructed to
implement those prior discretionary approvals, and those discretionary approvals pre -date the
city's Agricultural Mitigation Policy, which was adopted by the city council in 2004.
Therefore, the city's agricultural mitigation policy does not apply to the proposal, since the
conversion the agricultural land was decided through a series of prior discretionary
approvals. This environmental impact is considered significant and unavoidable.
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C. AIR QUALITY IMPACTS
1. Significant and Unavoidable Impact: Short-Term Construction - Generated Pollutant
Emissions Resulting in Violation of Air Quality Standards or Contributing to Existing
Violations. Construction activities such as clearing, excavation and grading operations,
construction vehicle traffic, and wind blowing over exposed earth would generate exhaust
emissions and fugitive particulate matter emissions that would temporarily affect local air
quality for adjacent land uses. This will result in a significant impact.
Mitigation: During Phase 1 and Phase 2 construction activities, all rubber -tired dozers,
graders, scrapers, excavators, asphalt paving equipment including pavers and rollers, cranes,
and tractors shall be California Air Resources Board (CARB) Tier 3 Certified or better.
Finding: Nitrogen Oxide (NOx) is the only construction - related criteria pollutant that cannot
be fully mitigated. NOx emissions are directly related to the use of off -road diesel- powered
construction equipment. Even with mitigation (MM 4.3. 1) to require the use of the least -
polluting Tier 3 engines, the NOX thresholds are still exceeded (DEIR Table 4.3 -7). Because
NOx is the only criteria pollutant exceeding the threshold, any additional mitigation would
need to focus on NOx reductions.
MM 4.4.3 also applies to construction, and requires that "all construction equipment shall be
maintained and properly tuned in accordance with the manufacturer's specifications ", and
"that all equipment shall be checked by a certified mechanic and determined to be running in
proper condition prior to operation ". This requirement is consistent with MM 4.3.1 but does
not further reduce NOx emissions to a less than significant level.
MM 4.3.6, designed to mitigate for toxic air contaminants, will further mitigate construction
related air quality by limiting idle times on diesel engines. However, the reduction in idling
as required is not a metric of the NOx calculation, and therefore the benefits of MM 4.3.6
cannot be quantified for purposes of reducing NOx. No other feasible measures are available
to reduce NOx emissions from diesel engines during construction, and, as a result, the impact
is a temporary but unavoidable consequence of the proposal. The City examined the
BAAQMD's recommended "additional construction mitigation measures," and finds that
these measures either do not apply to NOx reduction, or are achieved by Measures 4.3.1,
4.3.3, or 4.3.6.This environmental impact is considered significant and unavoidable.
2. Significant Unavoidable Impact: Conflict with the Bay Area 2010 Clean Air Plan.
The proposed project would conflict with implementation of the Bay Area 2010 Clean Air
Plan. This is a significant impact.
Mitigation: Prior to the issuance of grading or building permits, the City of Gilroy shall
ensure that the BAAQMD's basic construction mitigation measures from Table 8 -1 of the
BAAQMD 2011 CEQA Guidelines are noted on the construction documents. These basic
construction mitigation measures include the following:
1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day.
2. All haul trucks transporting soil, sand, or other loose material off -site shall be covered.
3. All visible mud or dirt track -out onto adjacent public roads shall be removed using wet
power vacuum street sweepers at least once per day. The use of dry power sweeping is
prohibited.
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4. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph).
5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless seeding or
soil binders are used.
6. All construction equipment shall be maintained and properly tuned in accordance with
manufacturers' specifications. All equipment shall be checked by a certified mechanic
and determined to be running in proper condition prior to operation.
7. A publicly visible sign shall be posted with the telephone number and person to contact at
the lead agency regarding dust complaints. This person shall respond and take corrective
action within 48 hours. The Air District's phone number shall also be visible to ensure
compliance with applicable regulations.
Finding: This finding is based upon the project's inconsistency with Clean Air Plan
consistency criterion, specifically: Criterion No. 1: The proposed project supports the
primary goals of the Clean Air Plan. As explained in the DEIR page 4.3 -23, the primary
goals to which Consistency Criteria No. 1 refer are compliance with the California ambient
air quality standards (CAAQS) and the national ambient air quality standards (NAAQS). As
identified in Finding C.1, the project would exceed the short-term construction standards for
NOx despite the imposition of mitigation measures, and in doing so would violate the air
quality standards. As a result, the impact is a temporary but unavoidable consequence of the
proposal for the same reasons stated in Finding C.1, and no further mitigation is feasibly
available to address this consistency standard. This environmental impact is considered
significant and unavoidable.
3. Potentially Significant Impact: Exposure of Sensitive Receptors to Toxic Air
Contaminant Pollutant Concentrations During Operations. Implementation of the proposed
project would result in increased exposure of existing or planned sensitive land uses to
stationary or mobile - source TACs that could exceed applicable standards. As a result, this
impact is considered potentially significant.
Mitigation: Signage shall be posted stating the State - mandated prohibition of all project
trucks idling in excess of 5 minutes under the Heavy -Duty Vehicle Idling Emission
Reduction Program.
Finding: The implementation of this mitigation measure will avoid or substantially lessen
this potentially significant environmental impact.
4. Cumulatively Considerable and Significant and Unavoidable Impact: Result in a
Cumulatively Considerable Net Increase in Nonattainment Criteria Pollutant.
Implementation of the proposed project, in combination with other cumulative development
in the San Francisco Bay Area Air Basin, would result in a cumulatively considerable net
increase of criteria air pollutants for which the basin is designated nonattainment. This is
considered a cumulatively considerable impact.
Mitigation: Mitigation measures for Impacts C.1 and C.2 above shall be implemented.
Finding: The SFBAAB is currently designated as a nonattainment area for state and national
ozone standards, state and national PM2.5 standards and state PM 10 standards. According to
the BAAQMD, if a proposed project is projected to exceed the identified significance
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thresholds, its emissions would be cumulatively considerable, resulting in significant adverse
air quality impacts to the region's existing air quality conditions. As demonstrated under
Impact 4.3.2, NOx emissions of the project surpass BAAQMD significance thresholds even
with mitigation. For the reasons stated in Finding C.1, no additional mitigation feasibly
available to address project - specific or cumulative impacts of the proposal that would reduce
such impacts to a less than significant level. This environmental impact is considered
cumulatively considerable and significant and unavoidable.
D. BIOLOGICAL IMPACTS
1. Potentially Significant Impact: Burrowing Owl. Though they are not likely to be
present on -site, if present, implementation of project- related activities could result in
potentially significant impacts to sensitive wildlife including burrowing owls.
Mitigation: If clearing and construction activities will occur during the nesting period for
burrowing owls (February 1— August 31), the project applicant shall retain a qualified
biologist to determine if suitable nesting habitat occurs within 500 feet of the proposed
impact area. If suitable habitat exists, focused surveys must be performed by a qualified
biologist within 30 days prior to construction initiation in accordance with the CDFW's Staff
Report on Burrowing Owl Mitigation, published March 7, 2012. Surveys shall be repeated if
project activities are suspended or delayed for more than 15 days during nesting season. The
qualified biologist shall submit their planned surveying approach (timing, methods, etc.),
survey information, findings, reporting, and recommendations, consistent with the
information identified in this mitigation measure, to the City of Gilroy Planning Manager for
review and approval.
If no burrowing owls are detected, no further mitigation is required. If active burrowing owl
nest sites are detected, the applicant shall implement the avoidance, minimization, and
mitigation methodologies outlined in the CDFW's Staff Report on Burrowing Owl Mitigation
prior to initiating project- related activities that may impact burrowing owls.
Finding: The implementation of this mitigation measure will avoid or substantially lessen
this potentially significant environmental impact.
2. Potentially Significant Impact: Migratory Birds. Implementation of project- related
activities could result in loss of populations or essential habitat for special- status avian
species. This would be considered a potentially significant impact.
Mitigation: If clearing and/or construction activities will occur during the migratory bird
nesting season (March 15— August 15), preconstruction surveys to identify active migratory
bird nests shall be conducted by a qualified biologist within 14 days of construction
initiation. Focused surveys must be performed by a qualified biologist for the purposes of
determining presence /absence of active nest sites within the proposed impact area and a 200 -
foot buffer (if feasible).
If active nest sites are identified within 200 feet of project activities, the project applicant
shall impose a limited operating period (LOP) for all active nest sites prior to commencement
of any project construction activities to avoid construction or access - related disturbances to
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migratory bird nesting activities. An LOP constitutes a period during which project - related
activities (i.e., vegetation removal, earth moving, and construction) will not occur and will be
imposed within 100 feet of any active nest sites until the nest is deemed inactive. Activities
permitted within and the size (i.e., 100 feet) of LOPS may be adjusted through consultation
with the CDFW.
The qualified biologist's survey information, findings, and recommendations, consistent with
the information identified in this mitigation measure, shall be submitted to the City of Gilroy
Planning Manager.
Finding: The implementation of this mitigation measure will avoid or substantially lessen
these potentially significant environmental impacts.
E. CULTURAL RESOURCES
1. Potentially Significant Impact: Archaeological Resources and Human Remains.
Implementation of the proposed project could indirectly result in the potential disturbance of
undiscovered cultural resources (i.e., prehistoric sites and isolated artifacts and features) and
unrecorded human remains. This impact would be potentially significant.
Mitigation: It shall be required on the private and public Improvement Plans for the
proposed project that if, during the course of site preparation, grading, or construction,
cultural resources (i.e., prehistoric sites and isolated artifacts and features) are discovered,
work shall be halted immediately within 150 feet of the discovery, the Gilroy Community
Development Department shall be notified, and a professional archaeologist that meets the
Secretary of the Interior's Professional Qualifications Standards in prehistoric archaeology
shall be retained to determine the significance of the discovery. Determination of the
potential significance of the find shall, and mitigation shall be made by a qualified
archaeologist in consultation with recognized local Native American groups, if the find
involves a Native American resource. If the find is determined to be significant by the
qualified archaeologist, then said archaeologist shall recommend feasible measures to
mitigate impacts to the find, which shall be adhered to by the project applicant. In addition,
prior to the commencement of project site preparation, all construction personnel shall
receive cultural resources training to inform them of the potential to inadvertently uncover
cultural resources and the procedures to follow subsequent to an inadvertent discovery of
cultural resources
Finding: The implementation of this mitigation measure will avoid or substantially lessen
this potential significant environmental impact.
2. Potentially Significant Impact: Paleontological Resources. Implementation of the
proposed project could inadvertently result in the potential disturbance of paleontological
resources (i.e., fossils and fossil formations) on the project site. This impact would be
potentially significant.
Mitigation: It shall be required on the public and private Improvement Plans for the
proposed project that if, during the course of site preparation, grading, or construction,
paleontological resources (i.e., fossilized remains of organisms, fossil traces, or tracks) are
discovered, the project proponent shall retain a qualified paleontologist to observe all grading
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and excavation activities throughout project construction and to salvage fossils as necessary.
The paleontologist shall establish procedures for paleontological resource surveillance and
shall establish, in cooperation with the project proponent, procedures for temporarily halting
or redirecting work near the find to permit sampling, identification, and evaluation of fossils.
If major paleontological resources are discovered, the paleontologist shall report such
findings to the project proponent and to the Gilroy Community Development Department and
shall determine appropriate actions, in cooperation with the project proponent, that ensure
proper exploration and/or salvage. Excavated finds shall be offered to a State - designated
repository such as the Museum of Paleontology at the University of California, Berkeley, or
the California Academy of Sciences. These actions, as well as final mitigation and
disposition of the resources, shall be subject to approval by the Gilroy Community
Development Department. The paleontologist shall submit a follow -up report to the
Community Development Department, which shall include the period of inspection, an
analysis of the fossils found, and the present repository of fossils. In addition, prior to the
commencement of project site preparation, all construction personnel shall be informed of
the potential to inadvertently uncover paleontological resources and the procedures to follow
subsequent to such a discovery.
Finding: The implementation of this mitigation measure will avoid or substantially lessen
this potentially significant environmental impact.
F. CLIMATE CHANGE AND GREENHOUSE GASSES
1. Cumulatively Considerable and Significant Unavoidable Impact: Generate
Greenhouse Gas Emissions That May Have a Significant Impact on the Environment.
Implementation of the proposed project will result in greenhouse gas emissions that would
further contribute to significant impacts on the environment. This is considered a
cumulatively considerable and significant and unavoidable impact.
Mitigation: The applicant/developer for the UNFI Warehouse and Distribution Facility shall
implement the following measures during project operations to reduce long -term emissions
of greenhouse gases associated with the proposed project:
1. Indoor water conservation measures shall be incorporated, such as use of low -flow toilets
and faucets (bathrooms).
2. The proposed project shall connect to the existing 12 -inch recycled water pipeline on the
project site for landscape irrigation (at minimum) and other uses as feasible.
3. The proposed project shall be designed to exceed state energy efficiency standards by at
least 15 percent (to Tier 1 Title 24 Standards) as directed by Appendix A5 of the 2010
California Green Building Standards (CBSC 2011). This measure helps to reduce
emissions associated with energy consumption.
4. The project will be required to install Energy Star appliances in all buildings. The types
of Energy Star appliances that will be installed include fans and refrigerators.
5. All loading docks shall be designed to accommodate SmartWay trucks.
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6. The project shall be required, prior to occupancy, to install solar- panel -ready rooftops to
allow for easy, cost - effective installation of solar energy systems in the future, using such
solar -ready features as:
• Designing the building to include optimal roof orientation (approximately 1/4 inch per
foot from the horizontal), with sufficient south- sloped roof surface.
• Providing clear access without obstructions (chimneys, heating and plumbing vents,
etc.) on the south - sloped roof surface, or designing building such that roof - mounted
solar panels can achieve equivalent optimal orientation.
• Designing the roof framing to support a PV array weighing up to 3.5 pounds /square
foot.
• Installing electrical conduit to accept solar electric system wiring; PV conduit will be
installed by the PV installer at the time of install.
The project is required to reduce waste through a waste diversion program that requires
recycling from all uses on the project site. Prior to issuance of occupancy permits, the
applicant will complete the following measures:
1. All businesses will subscribe to waste collection and recycling services provided by the
City's franchised waste collection company.
2. All businesses will participate in the recycling program offered through the City's
franchised waste collection company. Businesses will recycle all items available through
the company's program, or an equivalent method, which ensures that the waste is
diverted away from landfill disposal.
3. Adequate space for waste and recycling containers will be constructed at the complex to
ensure ease of collection by the City's franchised waste collection company. The units
housing the containers shall be constructed to allow sufficient space for the quantity of
containers needed to ensure that the waste and recyclables can be collected in an efficient
manner. The franchised waste collection company will be consulted to ensure that
sufficient space is available for recycling and trash containers.
Finding: The GHG emissions and impact analysis uses the BAAQMD's 2011 CEQA Air
Quality Guidelines. The threshold of significance used in the EIR was the BAAQMD's
standard of 4.6 million tons CO2 equivalent, per service population, per year
(MTCO2e /SP/Year). The project's emissions were estimated at 11.1. With application of
mitigation measures 4.6.1a and 4.6.1b, the emissions are only lowered to 10.8
MTCO2e /SP /Year, which is still more than two times the standard.
The two mitigation measures (DEIR pages 4.6 -18 - 4.6 -19) require a range of specific energy
and resource conservation measures designed to directly and indirectly reduce greenhouse
gas emissions. These measures are specific, requiring the project to exceed state energy
efficiency standards by at least 15 percent, requiring connection to recycled water systems,
loading docks to accommodate fuel efficient trucks and minimizing waste streams. The City
finds no other specific mitigation measures applicable to the project that would quantifiably
reduce the impact below the threshold and to a less than significant level. The City has,
however, conditioned the project to achieve a minimum LEED Silver certification, and has
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required that the roof be designed to accept solar panels. Such measures will clearly enhance
the project's energy efficiency and in turn reduce total greenhouse gas emissions. However,
as exact LEED design features are not known and due to limitations with the modeling
software, the greenhouse has reductions from these requirements have not been quantified.
The City has conservatively concluded that emissions will remain above the threshold and
therefore will remain unavoidable. This environmental impact is considered cumulatively
considerable and significant and unavoidable.
2. Cumulatively Considerable and Significant Unavoidable Impact: Conflict with
Applicable Plan Adopted to Reduce GHG Emissions. Implementation of the proposed
project could conflict with an applicable plan adopted for the purpose of reducing the
emissions of greenhouse gases. This impact is cumulatively considerable and significant and
unavoidable.
Mitigation: The project shall implement mitigation measures listed for Impact F.1, above.
Finding: AB 32 seeks to achieve at least a 21 percent reduction in GHG emissions
compared to business as usual conditions. With application of feasible mitigation measures
4.6.1 and b, the project will achieve a 14.7 percent reduction. For the reasons stated in
Finding F.1, specific mitigation has been applied and there is no additional feasible
mitigation available to reduce emissions below the AB 32 threshold. The City has, however,
conditioned the project to achieve a minimum LEED Silver certification, and has required
that the roof be designed to accept solar panels. Such measures will clearly enhance the
project's energy efficiency and in turn reduce total greenhouse gas emissions. However, as
exact LEED design features are not known and due to limitations with the modeling
software, the greenhouse has reductions from these requirements have not been quantified.
The City has conservatively concluded that emissions will remain above the threshold and
therefore will remain unavoidable. This environmental impact is considered cumulatively
considerable and significant and unavoidable.
1. Potentially Significant Impact: Strong Seismic Ground Shaking and Seismic -
Related Ground Failure. Because of the seismically active nature of the region, subsequent
development associated with implementation of the proposed project would inherently result
in the exposure of people, structures, and infrastructure to adverse effects associated with
seismic ground shaking and seismic - related ground failure. This impact would be potentially
significant.
Mitigation: Prior to issuance of a grading permit, the final construction plans shall be
designed in accordance with the recommendations of the geotechnical engineering services
report prepared by Professional Service Industries, Inc. on August 26, 2013 (Appendix G).
These recommendations include, but are not limited to, designing the project in accordance
with the seismic design parameters per Chapter 16 of the current edition of the California
Building Code.
Finding: The implementation of this mitigation measure will avoid or substantially lessen
this potential significant environmental impact.
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H. HYDROLOGY AND WATER QUALITY
1. Potentially Significant Impact: Substantially Deplete Groundwater Resources or
Interfere with Recharge. Implementation of the proposed project would increase the demand
for potable water and increase the amount of impervious surface in the area. The proposed
land use is consistent with the City of Gilroy Water System Master Plan, and proposed
stormwater facilities would allow runoff generated on the project site to recharge the
groundwater aquifers. This impact is considered potentially significant.
Mitigation: Project landscaping shall be irrigated with recycled water. Prior to issuance of a
building permit, the project applicant shall identify on building documents how recycled
water will be used for landscape irrigation and other uses, and quantify total recycled water
demand. The applicant is encouraged (but not required) to use recycled water in other
applications such as truck washing and refrigeration units, as regulations and technology will
allow. The applicant shall be responsible for any system extensions required to serve the
property. In addition, prior to issuance of a building permit, the project applicant shall
demonstrate that feasible indoor and outdoor water conservation measures have been
incorporated into building designs and landscaping plans. These measures may include low -
flow toilets, sensor- activated restroom fixtures, drought- tolerant plant species, and water
conserving irrigation methods.
Finding: The implementation of this mitigation measure will avoid or substantially lessen
this potentially significant environmental impact.
2. Potentially Significant Impact: Long -Term Surface Water Quality Impacts.
Implementation of the proposed project will result in construction site improvements
(impervious surfaces, truck wash area, and landscaping) that may result in urban pollutants
contaminating stormwater runoff. This impact is considered potentially significant.
Mitigation: Prior to issuance of grading permits, the project applicant shall prepare and
submit two copies of a Post - Construction Stormwater Control Plan for review and approval
by the City of Gilroy. The written report shall describe proposed post - construction best
management practices for the project and calculations demonstrating that sufficient space is
available on -site to implement the BMPs. The best management practices shall conform to
the requirement of the City of Gilroy's Storm Water Management Guidance Manual for Low
Impact Development and Post - Construction Requirements, promote infiltration and
treatment, and conform with the Guidelines and Standards for Land Use Near Streams
(SCVWRPC 2006).
The Post- Construction Stormwater Control Plan shall specifically address how potentially
"illegal" discharges generated at the truck maintenance building, fuel station area and wash
area will be prevented, treated, and recycled and/or discharged. Runoff generated in this area
will require source control and treatment BMPs published or approved by the Gilroy Public
Works Department or a separate NPDES permit.
Finding: The implementation of this mitigation measure will avoid or substantially lessen
this potentially significant environmental impact.
3. Potentially Significant Impact: Result in Flooding from 100 -Year Storm Event.
The proposed project would result in the construction of industrial land uses within a Special
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Flood Hazard Area as designated on the Federal Emergency Management Administration's
(FEMA) Flood Insurance Rate Maps. This impact is considered potentially significant.
Mitigation:
(1) The project applicant shall construct structures in accordance with Flood Insurance Rate
Map building guidelines and the City of Gilroy's Floodplain Management Ordinance, subject
to review and approval by the City of Gilroy. Structures within the special flood hazard area
in a community participating in the National Flood Insurance Program are subject to
floodplain management regulations that affect building standards and are designed to
minimize flood risk. These building requirements include but are not limited to requiring the
lowest floor of a structure to be built at least 1 foot above the base flood elevation. Because
of inconsistent flood level data in this area, the project shall be constructed at least 1 foot
above the highest water surface elevation as shown on both the May 18, 2009, FIRM and
November 10, 1998, FIRM LOMR. Flood elevations will be demonstrated on final
improvement plans. An Elevation Certificate will be prepared by a licensed land surveyor or
appropriately licensed civil engineer, certifying the floor elevations.
(2) The project applicant shall contract with a professional civil engineer or licensed land
surveyor to determine the top of bank of the Princevalle Drain and Miller Slough. Cross
sections shall be submitted for review and approval by the City of Gilroy's Floodplain
Administrator, and "top of bank" shall be noted on the site plans. Prior to any development
proposed within the required 20 -foot setback from top of bank or 2:1 setback from toe of
slope the applicant shall provide documentation consistent with Section 27A.5 of the Gilroy
City Code and supporting evidence to the City of Gilroy that the proposed development will
not significantly reduce the capacity of the existing watercourse or otherwise adversely affect
any other properties and/or will be safe from flow - related erosion hazards or otherwise
aggravate flow - related erosion hazards.
Finding: The implementation of these mitigation measures will avoid or substantially lessen
this potentially significant environmental impact.
4. Potentially Significant Impact: Result in Significant Risk of Loss from Flooding,
Including Flooding from Dam Failure. The proposed project would result in the construction
of industrial land uses in an area that is subject to inundation from flooding, including three
different dams in the area. This impact is considered potentially significant.
Mitigation: The project shall implement the mitigation measures listed for Impact H.3,
above.
Finding: The implementation of these mitigation measures will avoid or substantially lessen
this potentially significant environmental impact.
I. NOISE
1. Potentially Significant Impact: Short-Term Exposure to Construction- Generated
Noise. Activities associated with project construction could potentially result in a substantial
temporary increase in nighttime ambient noise levels at nearby noise - sensitive land uses,
48524784- 1819v2 14 RESOLUTION NO. 2014-27
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which may result in increased levels of annoyance to building occupants. However, the City
limits nighttime exterior construction activities. This impact is considered potentially
significant.
Mitigation: The proposed project would require the following:
• Limit noise - generating exterior construction activity to weekdays between 7:00 AM and
7:00 PM and Saturdays and holidays between 9:00 AM and 7:00 PM., with no
construction on Sundays. Loading, unloading, and other exterior activities are prohobited
outside of the above hours. Interior construction that does not result in audible noise at
the property lines may be allowed outisde of the above -noted hours.
• Construction equipment shall be properly maintained and equipped with noise - reduction
intake and exhaust mufflers and engine shrouds, in accordance with manufacturers'
recommendations. Equipment engine shrouds shall be closed during equipment operation
Finding: The implementation of these mitigation measures will avoid or substantially lessen
this potentially significant environmental impact.
J. TRAFFIC AND TRANSPORTATION
1. Potentially Cumulatively Considerable Impact: Cumulative Design Hazards. The
proposed project could result in queuing deficiencies at some key turn movement locations in
the study area under General Plan buildout conditions. This impact is potentially
cumulatively considerable.
Mitigation: The City of Gilroy shall monitor queue lengths at intersections 2, 5, and 10 on
an annual basis to assess operations and queuing lengths. All striping and/or signal phase
improvements necessary under cumulative buildout conditions shall be included in the City's
Traffic Circulation Master Plan update. Should any striping or signal phase improvement be
deemed necessary prior to the next master plan update, the project applicant shall contribute
fair share funding toward the needed improvement. Fair share responsibility will be
calculated by the City.
Finding: The implementation of this mitigation measure will avoid or substantially lessen
this potentially cumulatively significant environmental impact.
2. Potentially Cumulatively Considerable Impact: Cumulative Emergency
Access /Site Access Hazards. The proposed project, when combined with cumulative
development under General Plan buildout conditions, may result in emergency and/or site
access conflicts along Cameron Boulevard. This impact is potentially cumulatively
considerable.
Mitigation: Prior to finalization of improvement plans for the extension of Cameron
Boulevard to the future intersection with Luchessa Avenue to the south, the project applicant
shall have prepared an operations analysis for the Cameron Boulevard driveway to determine
whether a signal would be required to facilitate left turn access to /from the project site. This
will also be required when the project applicant later develops the area east of Cameron
48524784- 1819v2 15 RESOLUTION NO. 2014-27
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Boulevard. The project applicant shall implement all of the recommendations put forth in that
analysis to ensure safe access to and from the project site. Any necessary improvements,
including signalization (the mitigation solution desired by the City of Gilroy), shall be in
place prior to opening the new Cameron/Luchessa roadway connection.
Finding: The implementation of this mitigation measure will avoid or substantially lessen
this potentially cumulatively considerable environmental impact.
II. FINDINGS OF UNFI PROJECT ALTERNATIVES
A. ALTERNATIVE 1A —"NO PROJECT (NO BUILD)" ALTERNATIVE
Description. The no project (no build) alternative assumes that no development would take
place in lieu of construction of the proposed project.
Comparison to the UNFI Project. If the project site is not developed with the UNFI project,
the impacts identified for this project, including aesthetics, agricultural, air quality,
biological, cultural resources, climate change and greenhouse gasses, geology and soils,
hydrology and water quality, noise, and traffic /transportation, would not occur.
Finding. This alternative is environmentally superior to the UNFI Project, since it avoids the
adverse impacts. However, the no project alternative would not meet the objectives of the
project applicants and would not further the economic /industrial development goals of the
City as stated in the City of Gilroy General Plan. For these reasons, this alternative is
rejected.
B. ALTERNATIVE 1 B — "NO PROJECT (EXISTING ENTITLEMENTS)"
ALTERNATIVE
Description. The no project (existing entitlements) alternative assumes that development
would take place consistent with the previously approved environmental clearances and
design guidelines.
Comparison to the UNFI Project. If the project site were developed to its maximum
building potential pursuant to the existing zoning and design guidelines, then many of the
potential impacts would potentially be greater in significance (aesthetics, air quality, climate
change and greenhouse gasses, noise, traffic /transportation, and utilities).
Finding. This alternative is not environmentally superior to the UNFI Project, since many
potential impacts would be potentially greater in significance. The project would need to be
developed under the existing entitlements as a warehouse and distribution facility in order to
potentially meet the project objectives; however, all of the project objectives (e.g.,
development of a single building that satisfies market demand) would likely not be met. For
these reasons, this alternative is rejected.
ALTERNATIVE 2 — REDUCED INTENSITY PROJECT
Description. Phase 1 of the project is equivalent to the Reduced Intensity Alternative. Some
of the analyses in the Draft EIR analyzed Phase 1 development separately when appropriate,
4852 -4784- 1819v2 16 RESOLUTION NO. 2014-27
JH104706089
such as for air quality and climate change and greenhouse gas emissions. In these cases, the
conclusions for Phase 1 development are presented, and it is assumed that Phase 2 would not
be constructed.
Comparison to the UNFI Project. The Reduced Intensity Alternative would result in
reductions in impacts associated with air quality (NOx), climate change and greenhouse gas
emissions, and traffic and circulation. For air quality, total emissions associated with PM 10,
PM2.5, and CO would be lower than the proposed project, and would not exceed the
BAAQMD significance threshold. Under the proposed project, NOx emissions from
construction activities would be significant and unavoidable, despite mitigation. NOx
emissions under the Reduced Intensity Alternative would also exceed the BAAQMD
significance threshold during construction, but implementation of MM 4.3.1 would not
mitigate the alternative's impact to a less - than- significant level.
For the other issue areas (climate change and greenhouse gas emissions, traffic, and utilities),
while the Reduced Intensity Alternative would result in reduced impacts, it would not result
in reductions in the levels of significance. For example, this alternative would reduce the
overall amount of greenhouse gas emissions from the project, but the amount of CO2e
emitted would increase per employee (per service population). Under both scenarios, the
BAAQMD's significance threshold would be exceeded, and the impact would remain
significant and unavoidable.
Impacts associated with increases in traffic levels would be less than significant under the
proposed project and the alternative. The identified potentially significant cumulative
impacts are the same for both scenarios, and the mitigation required under the previous
business park approvals would lessen the project's contribution for both the proposed project
and the alternative.
With less development and fewer employees, impacts on utilities would be reduced;
however, those impacts were determined to be less than significant under the proposed
project, so the Reduced Intensity Alternative could not reduce the level of impact.
Finding. Overall, the Reduced Intensity Alternative would meet the near -term project
objectives; however, the reduced intensity of development would likely result in a reduced
distribution volume, which may eventually result in UNFI requiring additional facilities
either onsite or in another location. This would be inconsistent with the long -term project
objectives (i.e. full site buildout meeting market demands), and the economic /industrial
development goals of the City as stated in the City of Gilroy General Plan would be achieved
to a lesser degree than with the UNFI project. For these reasons, this alternative is rejected.
III. STATEMENT OF OVERRIDING CONSIDERATIONS
After review of the entire administrative record, including the FEIR, the staff reports, and the
oral and written testimony and evidence presented at public hearings, the City Council finds,
pursuant to CEQA Section 21081 (b) and CEQA Guidelines Section 15093, that specific
economic, legal, social, technological and other benefits of the UNFI Project outweigh the
Project's unavoidable adverse environmental impacts and the City Council finds that the
4852 -4784 - 18192 17 RESOLUTION NO. 2014-27
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significant and unavoidable adverse impacts are acceptable in light of the UNFI Project's
benefits.
The City Council further finds that, in the event it is determined that the mitigation measures
identified in the FEIR above do not reduce the significant environmental impacts identified
and analyzed in the FEIR to a less - than- significant level, the benefits described below
outweigh any and all potential adverse impacts of the Project.
The City Council adopts and makes this Statement of Overriding Considerations regarding
the significant unavoidable impacts of the UNFI Project and the anticipated benefits of the
UNFI Project. The City Council finds that each of the benefits set forth below in this
Statement of Overriding Considerations constitutes a separate and independent ground for
finding that the benefits of the UNFI Project outweigh the risks of its potential significant
adverse environmental impacts. The benefits of the UNFI Project, which constitute the
specific economic, legal, social, technological and other considerations that justify the
approval of the UNFI Project, are addressed in Sections B, C, and F above and are set forth
below:
A. The UNFI Project will result in the development of a major industrial parcel within
the McCarthy Business Park, which has stood under- developed for several years since
the onset of the "Great Recession" in 2008, despite the fact that many infrastructure
improvements were made to facilitate new development in the business park. The
City of Gilroy recognizes this under- developed condition as detrimental to the
success of the McCarthy Business Park and the economic development of the City as
a whole.
B. The City of Gilroy also recognizes and acknowledges the significant investment that
has been made in the form of roadways and infrastructure that have been constructed
and installed to serve the UNFI project site and adjacent parcels. The City desires
that these facilities be utilized as intended, to provide for the transportation and utility
needs of the McCarthy Business Park as development occurs, and ultimately for the
full build -out of the business park, of which the UNFI Project will be a major
component.
C. The project EIR acknowledges the project will result in significant unavoidable
impacts with regard to loss of agricultural land, exceeding certain air quality impact
thresholds, and generation of greenhouse gasses. The EIR also acknowledges,
however, that the project incorporates design features intended to minimize its impact
on the environment, including, but not limited to, a commitment to meet LEED Silver
standards or its equivalent; incorporating on -site stormwater retention facilities which
will minimize off -site water quality impacts; facilitating the use of "Smartway" semi -
trucks; utilizing LED lighting to reduce energy consumption; connecting to recycled
water lines for various project water uses; and installation of landscaping to minimize
aesthetic impacts.
D. The UNFI project will further the City of Gilroy General Plan's goals for economic
and industrial development, as well as to provide employment opportunities for
residents of the City of Gilroy, and the UNFI Project is consistent with Goal 1 of the
4852 - 4784- 1819v2 18 RESOLUTION NO. 2014-27
JH104706089
City's Economic Development Strategic Plan: "diversify the local economy by
creating jobs with career opportunities for the local workforce."
E. As an effective response to Statements A through D, above, the City of Gilroy has
determined that it is in the public interest to facilitate the development of the UNFI
Project in an expedient manner.
IV. CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT
The City Council hereby certifies the Final Environmental Impact Report (FEIR), which is
incorporated herein by this reference and finds the following:
A. The Council's certification of the FEIR contained herein is consistent with the
findings set forth in Section 15090 of the CEQA Guidelines, including the following:
i. The FEIR has been completed in compliance with the California Environmental
Quality Act (CEQA),
ii. The FEIR was presented to the decision making body of the lead agency and that
the decision making body reviewed and considered the information contained in
the FEIR prior to approving the project, and
iii. The FEIR reflects the lead agency's independent judgment and analysis; and
B. The Council's certification of the FEIR contained herein is consistent with the
findings set forth in Section 15091 of the CEQA Guidelines.
V. ADOPTION OF THE MITIGATIONIMONITORING PROGRAM
The City Council hereby adopts the Mitigation and Monitoring Program attached hereto as
Exhibit "A ", which is incorporated herein by this reference.
PASSED AND ADOPTED this 2nd day of June, 2014, by the following roll call vote:
ATTES
AYES:
NOES:
ABSENT:
Freels, City
4852 -4784- 1819v2
JK04706089
AULMAN, BRACCO, LEROE- MUNOZ, WOODWARD and
GAGE
ARELLANO,TUCKER
NONE
lerk
APPROVED:
Donald Gage, Mayor
19 RESOLUTION NO. 2014-27
MITIGATION MONITORING AND REPORTING PROGRAM
INTRODUCTION
This document is the Mitigation Monitoring and Reporting Program (MMRP) for the UNFI
Warehouse and Distribution Facility. This MMRP has been prepared pursuant to Section 21081.6
of the California Public Resources Code which requires public agencies to "adopt a reporting
and monitoring program for the changes made to the project or conditions of project approval,
adopted in order to mitigate or avoid significant effects on the environment." An MMRP is
required for the proposed project because the Environmental Impact Report (EIR) has identified
significant adverse impacts, and measures have been identified to mitigate those impacts.
The numbering of the individual mitigation measures follows the numbering sequence as found
in the EIR. All revisions to mitigation measures that were necessary as a result of responding to
public comments and incorporating staff - initiated revisions have been incorporated into this
MMRP.
MITIGATION MONITORING AND REPORTING PROGRAM
The MMRP, as outlined in the following table, describes mitigation timing, monitoring
responsibilities, and compliance verification responsibility for all mitigation measures identified in
the Draft EIR as well as any measures which were revised as part of the Final EIR.
The City of Gilroy will be the primary agency, but not the only agency, responsible for
implementing the mitigation measures. In some cases, other public agencies will implement
measures. In other cases, the project applicant will be responsible for implementation of
measures and the City's role will be exclusively to monitor the implementation of the measures.
In those cases, the project applicant may choose to require the construction contractor to
implement specific mitigation measures prior to and /or during construction. The City will
continue to monitor mitigation measures that are required to be implemented during the
operation of the project.
The MMRP is presented in tabular form on the following pages. The components of the MMRP
are described briefly below:
• Mitigation Measures: The mitigation measures are taken verbatim from the Draft EIR, as well
as any measures which were revised as part of the Final EIR, in the same order that they
appear in the Draft EIR.
• Mitigation Timing: Identifies at which stage of the project mitigation must be completed.
• Monitoring Responsibility: Identifies the department within the City, project applicant, or
consultant responsible for mitigation monitoring.
• Compliance Verification Responsibility: Identifies the department of the City or other
agency responsible for verifying compliance with the mitigation.
City of Gilroy UNFI Warehouse and Distribution facility
May 2014 Mitigation Monitoring and Reporting Program
MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MONITORING AND REPORTING PROGRAM TABLE
MM 4.3.1 During Phase 1 and Phase 2 construction activities, all rubber -tired City of Gilroy Community Throughout project
dozers, graders, scrapers, excavators, asphalt paving equipment Development Department construction
including pavers and rollers, cranes, cement and mortar mixers,
forklifts, generator sets, welders, air compressors, and tractors shall be
California Air Resources Board (GARB) Tier 31 Certified or better.
MM 4.3.3 Prior to the issuance of grading or building permits, the City of Gilroy City of Gilroy Community Prior to issuance of
shall ensure that the BAAQMD's basic construction mitigation Development Department grading or building
measures from Table 8 -1 of the BAAQMD 2011 CEQA Guidelines are permits
noted on the construction documents. These basic construction
mitigation measures include the following:
I NOx emissions are primarily associated with use of diesel- powered construction equipment (e.g., graders, excavators, rubber -tired dozers, tractor /loader /backhoes).
The Clean Air Act of 1990 directed the EPA to study, and regulate if warranted, the contribution of off -road internal combustion engines to urban air pollution. The first
federal standards (Tier 1) for new off -road diesel engines were adopted in 1994 for engines over 50 horsepower and were phased in from 1996 to 2000. In 1996, a
Statement of Principles pertaining to off -road diesel engines was signed between the EPA, CARB, and engine makers (including Caterpillar, Cummins, Deere, Detroit
Diesel, Deutz, Isuzu, Komatsu, Kubota, Mitsubishi, Navistar, New Holland, Wis -Con, and Yanmar). On August 27, 1998, the EPA signed the final rule reflecting the
provisions of the Statement of Principles. The 1998 regulation introduced Tier 1 standards for equipment under 50 horsepower and increasingly more stringent Tier 2 and
Tier 3 standards for all equipment with phase -in schedules from 2000 to 2008. As a result, all off -road, diesel - fueled construction equipment manufactured in 2006 or
later has been manufactured to Tier 3 standards.
UNF/ Warehouse and Distribution Facility
Mitigation Monitoring and Reporting Program
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May 2014
MITIGATION MONITORING AND REPORTING PROGRAM
1. All exposed surfaces (e.g., parking areas, staging areas, soil
piles, graded areas, and unpaved access roads) shall be
watered two times per day.
2. All haul trucks transporting soil, sand, or other loose material
off -site shall be covered.
3. All visible mud or dirt track -out onto adjacent public roads
shall be removed using wet power vacuum street sweepers at
least once per day. The use of dry power sweeping is
prohibited.
4. All vehicle speeds on unpaved roads shall be limited to 15
miles per hour (mph).
5. All roadways, driveways, and sidewalks to be paved shall be
completed as soon as possible. Building pads shall be laid as
soon as possible after grading unless seeding or soil binders
are used.
6. All construction equipment shall be maintained and properly
tuned in accordance with manufacturers' specifications. All
equipment shall be checked by a certified mechanic and
determined to be running in proper condition prior to
operation.
7. A publicly visible sign shall be posted with the telephone
number and person to contact at the lead agency regarding
dust complaints. This person shall respond and take corrective
action within 48 hours. The Air District's phone number shall
also be visible to ensure compliance with applicable
regulations.
MM 4.3.6 Signage shall be posted during construction requiring diesel vehicles City of Gilroy Community Prior to any site
to limit idling to 2 minutes (consistent with BAAQMD Development Department disturbance and
recommendations). Signage shall be posted stating the State- throughout project
mandated prohibition of all project trucks idling in excess of 5 minutes construction
City of Gilroy
May 2014
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UNFI Warehouse and Distribution Facility
Mitigation Monitoring and Reporting Program
MITIGATION MONITORING AND REPORTING PROGRAM
under the Heavy -Duty Vehicle Idling Emission Reduction Program.
4.3 Air"
MM 4.4.1 Burrowing Owl Surveys. If clearing and construction activities will City of Gilroy Community Prior to any site
occur during the nesting period for burrowing owls (February 1— Development Department disturbance
August 31), the project applicant shall retain a qualified biologist to
determine if suitable nesting habitat occurs within 500 feet of the
proposed impact area. If suitable habitat exists, focused surveys must
be performed by a qualified biologist within 30 days prior to
construction initiation in accordance with the CDFW's Staff Report on
Burrowing Owl Mitigation, published March 7, 2012. Surveys shall be
repeated if project activities are suspended or delayed for more than
15 days during nesting season. The qualified biologist shall submit
planned surveying approach (timing, methods, etc.), survey
information, findings, reporting, and recommendations, consistent
with the information identified in this mitigation measure, to the City
of Gilroy Planning Manager for review and approval.
If no burrowing owls are detected, no further mitigation is required. If
active burrowing owl nest sites are detected, the applicant shall
implement the avoidance, minimization, and mitigation methodologies
outlined in the CDFW's Staff Report on Burrowing Owl Mitigation prior
to initiating project- related activities that may impact burrowing owls
subject to the review and approval of the City of Gilroy Planning
Manager.
MM 4.4.2 Migratory Bird Surveys. If clearing and /or construction activities will City of Gilroy Community Prior to any site
occur during the migratory bird nesting season (March 15— August 15), Development Department disturbance
preconstruction surveys to identify active migratory bird nests shall be
conducted by a qualified biologist within 14 days of construction
initiation. Focused surveys must be performed by a qualified biologist
for the purposes of determining presence /absence of active nest sites
within the proposed impact area and a 200 -foot buffer (if feasible).
If active nest sites are identified within 200 feet of project activities, the
ro'ect a licant shall impose a limited operating period (LOP) for all
UNFI Warehouse and Distribution Facility
Mitigation Monitoring and Reporting Program
4
City of Gilroy
May 2014
MITIGATION MONITORING AND REPORTING PROGRAM
Summary of Measure
active nest sites prior to commencement of any project construction
activities to avoid construction or access - related disturbances to
migratory bird nesting activities. An LOP constitutes a period during
which project - related activities (i.e., vegetation removal, earth moving,
and construction) will not occur and will be imposed within 100 feet of
any active nest sites until the nest is deemed inactive. Activities
permitted within and the size (i.e., 100 feet) of LOPS may be adjusted
through consultation with the CDFW.
The qualified biologist's survey information, findings, and
recommendations, consistent with the information identified in this
mitigation measure, shall be submitted to the City of Gilroy Planning
Manager.
4-51, Cultural Resources
MM 4.5.2 It shall be required on the private and public Improvement Plans for City of Gilroy Community Prior to approval of
the proposed project that if, during the course of site preparation, Development Department improvement plans
grading, or construction, cultural resources (i.e., prehistoric sites and
isolated artifacts and features) are discovered, work shall be halted
immediately within 150 feet of the discovery, the Gilroy Community
Development Department shall be notified, and a professional
archaeologist that meets the Secretary of the Interior's Professional
Qualifications Standards in prehistoric archaeology shall be retained
to determine the significance of the discovery. Determination of the
potential significance of the find shall, and mitigation shall be made
by a qualified archaeologist in consultation with recognized local
Native American groups, if the find involves a Native American
resource. If the find is determined to be significant by the qualified
archaeologist, then said archaeologist shall recommend feasible
measures to mitigate impacts to the find, which shall be adhered to
by the project applicant. In addition, prior to the commencement of
project site preparation, all construction personnel shall receive
cultural resources training to inform them of the potential to
inadvertently uncover cultural resources and the procedures to follow
subsequent to an inadvertent discovery of cultural resources.
City of Gilroy
May 2014
5
UNFI Warehouse and Distribution Facility
Mitigation Monitoring and Reporting Program
MITIGATION MONITORING AND REPORTING PROGRAM
Proposed
Mitigation
Summary of_Measure
Monitonng Re3ponsitidity
Timing
Vernficatllon
, (Date and
Initials):
MM 4.5.3
It shall be required on the public and private Improvement Plans for
City of Gilroy Community
Prior to approval of
the proposed project that if, during the course of site preparation,
Development Department
improvement plans
grading, or construction, paleontological resources (i.e., fossilized
remains of organisms, fossil traces, or tracks) are discovered, the
project proponent shall retain a qualified paleontologist to observe all
grading and excavation activities throughout project construction and
to salvage fossils as necessary. The paleontologist shall establish
procedures for paleontological resource surveillance and shall
establish, in cooperation with the project proponent, procedures for
temporarily halting or redirecting work near the find to permit
sampling, identification, and evaluation of fossils. If major
paleontological resources are discovered, the paleontologist shall
report such findings to the project proponent and to the Gilroy
Community Development Department and shall determine
appropriate actions, in cooperation with the project proponent, that
ensure proper exploration and /or salvage. Excavated finds shall be
offered to a State - designated repository such as the Museum of
Paleontology at the University of California, Berkeley, or the California
Academy of Sciences. These actions, as well as final mitigation and
disposition of the resources, shall be subject to approval by the Gilroy
Community Development Department. The paleontologist shall
submit a follow -up report to the Community Development
Department, which shall include the period of inspection, an analysis
of the fossils found, and the present repository of fossils. In addition,
prior to the commencement of project site preparation, all
construction personnel shall be informed of the potential to
inadvertently uncover paleontological resources and the procedures
to follow subsequent to such a discovery.
MM 4.6.1a The applicant/developer for the UNFI Warehouse and Distribution City of Gilroy Community Prior to issuance of
Facility shall implement the following measures during project Development Department occupancy permits and
operations to reduce long -term emissions of greenhouse gases throughout project
associated with the proposed project: operation
UNFI Warehouse and Distribution Facility
Mitigation Monitoring and Reporting Program
E
City of Gilroy
May 2014
MITIGATION MONITORING AND REPORTING PROGRAM
1. Indoor water conservation measures shall be incorporated,
such as use of low -flow toilets and faucets (bathrooms).
2. The proposed project shall connect to the existing 12 -inch
recycled water pipeline on the project site for landscape
irrigation (at minimum) and other uses as feasible.
3. The proposed project shall be designed to exceed state energy
efficiency standards by at least 15 percent (to Tier 1 Title 24
Standards) as directed by Appendix AS of the 2010 California
Green Building Standards (CBSC 2011). This measure helps to
reduce emissions associated with energy consumption.
4. The project will be required to install Energy Star appliances in
all buildings. The types of Energy Star appliances that will be
installed include fans and refrigerators.
5. All loading docks shall be designed to accommodate
SmartWay trucks.z
6. The project shall be required, prior to occupancy, to install
solar - panel -ready rooftops to allow for easy, cost - effective
installation of solar energy systems in the future, using such
solar -ready features as:
• Designing the building to include optimal roof orientation
(approximately 1/a inch per foot from the horizontal), with
sufficient south - sloped roof surface.
• Providing clear access without obstructions (chimneys,
heating and plumbing vents, etc.) on the south - sloped
roof surface, or designing building such that roof-
mounted solar panels can achieve equivalent optimal
z For example, the aerodynamic equipment for trailers may include use of "boat tails" that attach to the end of the trailer and may potentially be incompatible with
loading bays designed with certain dock shelters (EPA 2012).
City of Gilroy
May 2014
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UNFI Warehouse and Distribution Facility
Mitigation Monitoring and Reporting Program
MITIGATION MONITORING AND REPORTING PROGRAM
MM 4.6.1b The project is required to reduce waste through a waste diversion City of Gilroy Community Prior to issuance of
program that requires recycling from all uses on the project site. Prior Development Department occupancy permits and
to issuance of occupancy permits, the applicant will complete the throughout project
following measures: operation
1. All businesses will subscribe to waste collection and recycling
services provided by the City's franchised waste collection
company.
2. All businesses will participate in the recycling program offered
through the City's franchised waste collection company.
Businesses will recycle all items available through the company's
program, or an equivalent method, which ensures that the waste
is diverted away from landfill disposal.
3. Adequate space for waste and recycling containers will be
constructed at the complex to ensure ease of collection by the
City's franchised waste collection company. The units housing the
containers shall be constructed to allow sufficient space for the
quantity of containers needed to ensure that the waste and
recyclables can be collected in an efficient manner. The
franchised waste collection company will be consulted to ensure
that sufficient space is available for recycling and trash
containers.
MM 4.7.1 I Prior to issuance of a grading permit, the final construction plans shall I City of Gilroy Community I Prior to issuance of
be designed in accordance with the recommendations of the Development Department grading permit
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Mitigation Monitoring and Reporting Program
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City of Gilroy
May 2014
MITIGATION MONITORING AND REPORTING PROGRAM
MM 4.9.4 Prior to issuance of grading permits, the project applicant shall City of Gilroy Community Prior to issuance of
prepare and submit two copies of a Post - Construction Stormwater Development Department grading permit
Control Plan for review and approval by the City of Gilroy. The written
report shall describe proposed post- construction best management
practices for the project and calculations demonstrating that sufficient
space is available on -site to implement the BMPs. The best
management practices shall conform to the requirement of the City of
Gilroy's Storm Water Management Guidance Manual for Low Impact
Development and Post - Construction Requirements, promote
infiltration and treatment, and conform with the Guidelines and
Standards for Land Use Near Streams (SCVWRPC 2006).
The Post - Construction Stormwater Control Plan shall specifically
City of Gilroy
May 2014
i`]
UNF/ Warehouse and Distribution Facility
Mitigation Monitoring and Reporting Program
geotechnical engineering services report prepared by Professional
Service Industries, Inc. on August 26, 2013 (Appendix G). These
recommendations include, but are not limited to, designing the project
in accordance with the seismic design parameters per Chapter 16 of
the current edition of the California Building Code.
4:9 Hydrology and Water. Quality,
MM 4.9.2
Project landscaping shall be irrigated with recycled water. Prior to
City of Gilroy Community
Prior to issuance of
issuance of a building permit, the project applicant shall identify on
Development Department
building permit and
building documents how recycled water will be used for landscape
throughout project
irrigation and other uses, and quantify total recycled water demand.
operation
The applicant is encouraged (but not required) to use recycled water
in other applications such as truck washing and refrigeration units, as
regulations and technology will allow. The applicant shall be
responsible for any system extensions required to serve the property.
In addition, prior to issuance of a building permit, the project
applicant shall demonstrate that feasible indoor and outdoor water
conservation measures have been incorporated into building designs
and landscaping plans. These measures may include low -flow toilets,
sensor - activated restroom fixtures, drought - tolerant plant species,
and water - conserving irrigation methods.
MM 4.9.4 Prior to issuance of grading permits, the project applicant shall City of Gilroy Community Prior to issuance of
prepare and submit two copies of a Post - Construction Stormwater Development Department grading permit
Control Plan for review and approval by the City of Gilroy. The written
report shall describe proposed post- construction best management
practices for the project and calculations demonstrating that sufficient
space is available on -site to implement the BMPs. The best
management practices shall conform to the requirement of the City of
Gilroy's Storm Water Management Guidance Manual for Low Impact
Development and Post - Construction Requirements, promote
infiltration and treatment, and conform with the Guidelines and
Standards for Land Use Near Streams (SCVWRPC 2006).
The Post - Construction Stormwater Control Plan shall specifically
City of Gilroy
May 2014
i`]
UNF/ Warehouse and Distribution Facility
Mitigation Monitoring and Reporting Program
MITIGATION MONITORING AND REPORTING PROGRAM
Trming
address how potentially "illegal" discharges generated at the truck
maintenance building, fuel station area, and wash area will be
prevented, treated, and recycled and /or discharged. Runoff generated
in this area will require source control and treatment BMPs published
or approved by the Gilroy Public Works Department or a separate
NPDES permit.
MM 4.9.6a The project applicant shall construct structures in accordance with City of Gilroy Community Prior to issuance of
Flood Insurance Rate Map building guidelines and the City of Gilroy's Development Department occupancy permits
Floodplain Management Ordinance, subject to review and approval
by the City of Gilroy. Structures within the special flood hazard area in
a community participating in the National Flood Insurance Program
are subject to floodplain management regulations that affect building
standards and are designed to minimize flood risk. These building
requirements include but are not limited to requiring the lowest floor
of a structure to be built at least 1 foot above the base flood
elevation. Because of inconsistent flood level data in this area, the
project shall be constructed at least 1 foot above the highest water
surface elevation as shown on both the May 18, 2009, FIRM and
November 10, 1998, FIRM LOMR. Flood elevations will be
demonstrated on final improvement plans. An Elevation Certificate
will be prepared by a licensed land surveyor or appropriately licensed
civil engineer, certifying the floor elevations.
MM 4.9.6b The project applicant shall contract with a professional civil engineer City of Gilroy Community Prior to approval of
or licensed land surveyor to determine the top of bank of the Development Department improvement plans
Princevalle Drain and Miller Slough. Cross sections shall be submitted
for review and approval by the City of Gilroy's Floodplain
Administrator, and "top of bank" shall be noted on the site plans.
Prior to any development proposed within the required 20 -foot
setback from top of bank or 2:1 setback from toe of slope the
applicant shall provide documentation consistent with Section 27A.5
of the Gilroy City Code and supporting evidence to the City of Gilroy
that the proposed development will not significantly reduce the
capacity of the existing watercourse or otherwise adversely affect an
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Mitigation Monitoring and Reporting Program
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City of Gilroy
May 2014
MITIGATION MONITORING AND REPORTING PROGRAM
Proposed
-
-
Uerificet�on
Mitigation
Summary of Measure"
°.
Monitoring Responsibility .
Timing
(Date and ,
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Initials).:-.
other properties and /or will be safe from flow - related erosion hazards
or otherwise aggravate flow - related erosion hazards.
4.11 Noise
-
MM 4.11.4
The proposed project would require the following:
City of Gilroy Community
Throughout project
• Limit noise - generating exterior construction activity to weekdays
Development Department
construction
between 7:00 AM and 7:00 PM and Saturdays and holidays
between 9:00 AM and 7:00 PM., with no construction on Sundays.
Loading, unloading, and other exterior activities are prohobited
outside of the above hours. Interior construction that does not
result in audible noise at the property lines may be allowed
outisde of the above -noted hours.
• Construction equipment shall be properly maintained and
equipped with noise - reduction intake and exhaust mufflers and
engine shrouds, in accordance with manufacturers'
recommendations. Equipment engine shrouds shall be closed
during equipment operation.
4A Traffic And Circulation
MM 4.13.7
The City of Gilroy shall monitor queue lengths at intersections 2, 5,
City of Gilroy Community
Annually, throughout
and 10 on an annual basis to assess operations and queuing lengths.
Development Department
project operation
All striping and /or signal phase improvements necessary under
cumulative buildout conditions shall be included in the City's Traffic
Circulation Master Plan update. Should any striping or signal phase
improvement be deemed necessary prior to the next master plan
update, the project applicant shall contribute fair share funding
toward the needed improvement. Fair share responsibility will be
calculated by the City.
MM 4.13.8 Prior to finalization of improvement plans for the extension of City of Gilroy Community Prior to approval of
Cameron Boulevard to the future intersection with Luchessa Avenue Development Department improvement plans for
to the south, the project applicant shall have prepared an operations subject intersection
analysis for the Cameron Boulevard driveway to determine whether a
signal would be required to facilitate left turn access to /from the
City of Gilroy
May 2014
11
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Mitigation Monitoring and Reporting Program
MITIGATION MONITORING AND REPORTING PROGRAM
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City of Gilroy
May 2014
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2014 -27 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 2nd day of June, 2014, 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 P day 9f June, 2014.
ma Freels, MMC�''
Clerk of the City of Gilroy
(Seal)