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Resolution 2014-29RESOLUTION NO. 2014-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S 13 -18, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR THE DEVELOPMENT OF A WAREHOUSE AND DISTRIBUTION BUILDING WITH AN APPROXIMATELY 440,000- SQUARE -FOOT FOOTPRINT ON AN APPROXIMATELY 53 ACRE SITE, APNs 841-17-111,-112, AND 115 WHEREAS, United Natural Foods Incorporated (UNFI), the applicant, submitted A/S 13- 18, an application for architectural and site approval of a Planned Unit Development ( "PUD ") for 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 maintenance building, as well as fueling, parking, landscaping, and stormwater treatment facilities on an approximately 53 -acres site located at 6350 Camino Arroyo, on the south side of Venture Way, APNs 841 -17 -084 and -115; and WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "), the City Council certified the Environmental Impact Report prepared for the project and adopted a Statement of Overriding Considerations; and WHEREAS, the Planning Commission held a duly noticed public meeting on May 15, 2014, at which time the Planning Commission considered any public testimony, the Staff Report dated May 15, 2014 ( "Staff Report"), and all other documentation related to application AS 13 -18 and recommended that the City Council approve said application with conditions; and WHEREAS, the City Council held a duly noticed public meeting on June 2, 2014, at which time the City Council considered any public testimony, the Staff Report, and all other documentation related to application AS 13 -18; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this project approval is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council hereby adopts the findings as required by Zoning Ordinance section JH\0 470608 2s7vs _ 1- RESOLUTION NO.2014 -29 JH104706089 50.55 based upon substantial evidence in the record as follows: 1. The project conforms to the Gilroy General Plan in terms of general location and standards of development, in that the project is located in an area that is designated for industrial development and the proposal meets or exceeds the development standards. The project site is designated as General Industrial, and the proposed warehouse and distribution facility use is consistent with this land use designation. The project is generally consistent with the applicable development standards found within the McCarthy Business Park and Wellington Business Park Planned Unit Development and Design Guidelines. Some deviations from the development standards are proposed, however, the Design Guidelines state that deviations may be permitted with approval by the City Council. The deviations are outlined in the Planning Commission and City Council staff reports, which were duly considered by the City Council. With approval of these deviations, the project would be considered to conform to the applicable development standards. 2. The proposed development fulfills a specific need of the surrounding area, in that the project will result in a large- scale, well - designed industrial facility that will contribute to the overall development of the McCarthy Business Park, as envisioned by the Wellington Business Park and McCarthy Business Park Design Guidelines. 3. The project does not require urban services beyond those which are available at the project site. The City of Gilroy is responsible for providing potable water and wastewater collection services to the project site. The South County Regional Wastewater Authority (SCRWA) is a joint powers authority established to manage the treatment of wastewater for the Cities of Gilroy and Morgan Hill and also supplies recycled water to the City. Recology South Valley collects and disposes of solid waste generated within the City. Other municipal services such as electricity and natural gas, cable television, and telecommunications are provided by Pacific Gas and Electric (PG &E) Company, Charter Communications, and Verizon Communications, respectively. Utility JH\0 70608 267vs -2- RESOLUTION NO.2014 -29 JH104706089 infrastructure for all of these services is currently provided to the McCarthy Business Park via Camino Arroyo, Cameron Boulevard, and Venture Way easements and rights -of -way. All utilities are stubbed to the project site, so the project will be able to easily connect to existing infrastructure. 4. The project plan provides a harmonious integrated plan, that justifies exceptions, if such are required, to the normal requirements of this ordinance, in that, while the building size, configuration and location on the property are dictated by operational limitations which necessitate deviation from certain provisions found within the Wellington Business Park Design Guidelines, the project is consistent with the great majority of the guidelines and provides counterbalancing measures, such as landscape screening, for areas of non - conformance with the design guidelines, such that the project results in a harmonious, integrated site plan for the project. 5. The project reflects an economical and efficient pattern of land uses, in that the land plan proposed will further the build -out of the McCarthy Business Park area of the City, which has been previously set aside for industrial uses such as the proposed warehouse and distribution facility. As such, the project does not propose development in an area not planned for industrial development, which would result in a haphazard, inefficient, and uneconomical pattern of land uses within the City. 6. The project includes greater provisions for landscaping and open space than would generally be required, in that the proposed development includes a landscape coverage of 21 percent, which exceeds the minimum required landscape coverage of 15 percent. In addition to the 21 % landscape coverage, another nearly 4% of the site is dedicated to stormwater management area (swales, detention basins, etc.) 7. The project utilizes aesthetic design principles to create attractive buildings and open space areas that blend with the character of surrounding areas. The project will utilize scored tilt -up concrete panels for the warehouse and office portions of M0470W89 7v3 -3- RESOLUTION NO. 2014-29 JH104706089 the building, with the exception that building walls planned for ultimate expansion for the Phase 2 portion of the project will be constructed of painted insulated metal wall panels. The proposed tilt -up concrete walls are aesthetically appropriate for the McCarthy Business Park area. While the insulated metal wall panels are of a more utilitarian appearance, these walls are acceptable as an interim condition prior to future expansion of the building as part of Phase 2, at which time the final exterior building materials will be evaluated for aesthetic considerations. Further, these walls will face the rear and Cameron Boulevard side property lines, from which the walls would be at least 500 feet distant from public viewing points. Finally, the project includes adequate visual screening in the form of perimeter landscaping, including rows of trees and shrubs, which will soften the appearance of the building as viewed from the public right of way. 8. The project will not create traffic congestion, noise, odor or other adverse effects on surrounding areas, in that the potential environmental effects of the project have been fully analyzed within the Environmental Impact Report (EIR) prepared for the project. For environmental effects determined to be potentially significant, the EIR includes mitigation measures, where feasible, to reduce these effects to a less than significant level. 9. The project provides adequate access, parking, landscaping, trash areas and storage, as necessary. Project roadway access will be provided by Cameron Boulevard, Camino Arroyo and Venture Way, which have been designed to adequately serve the industrial and commercial uses anticipated by within the McCarthy Business Park. The project plans have also been reviewed by the Public Works Department and Fire Department for adequacy of driveway and drive aisle access, and have been determined to meet applicable City requirements. The project exceeds the minimum required number of parking spaces required for the combined warehousing and offices uses by the Wellington Business Park Design Guidelines, and City of Gilroy Zoning Code. Landscaping has been provided in excess of the minimum requirements of the Design Guidelines, and is appropriately located to enhance the appearance of the project JH\047 6089 7v3 -4- RESOLUTION NO.2014 -29 JH104706089 as viewed from public off -site areas. Finally, the project incorporates compactors that provide adequate refuse and recycling facilities and access to these facilities. B. AS 13 -18 hereby is approved, subject to: 1. The eighteen (18) mitigation measures set forth in the UNFI Final Environmental Impact Report, attached hereto as Exhibit A and incorporated herein by this reference. 2. The ninety -one (91) final conditions of approval, attached hereto as Exhibit B and incorporated herein by this reference. C. All development shall be in accordance with the McCarthy Business Park Design Guidelines and Wellington Business Park Design Guidelines, as amended by ZA13- 06, a copy of which is on file with the City and as amended by this approval of AS 13 -18. D. This Resolution shall take effect only if, and upon the same date that Ordinance No. 2014 -08 (Z 13 -06) and Resolution No. 2014 -28 (GPA 13 -01) take effect approving Z 13 -06 and GPA 13 -01. If said Ordinance No. 2014 -08 and Resolution No. 2014 -28 do not take effect, then this Resolution shall be null and void without further action by the City Council, and application A/S 13 -18 shall be deemed denied. PASSED AND ADOPTED this 2nd day of June, 2014, by the following roll call vote: AYES: COUNCILMEMBERS: ARELLANO, AULMAN, BRACCO, LEROE- MUNOZ, TUCKER, WOODWARD and GAGE NOES: COUCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROV D: t"'Zd � ATTEST- ^ Donald F. Gage, Mayor Shawna Freels, City 1 JK04706089 v3 -5- RESOLUTION NO. 2014 -29 JH104706089 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 (CARB) 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: 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 Yonmar). 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 Ter 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 Ter 3 standards. UNFI Warehouse and Distribution Facility Mitigation Monitoring and Reporting Program 2 City of Gilroy May 2014 MITIGATION MONITORING AND REPORTING PROGRAM Proposed .' Summary of Measure Monitoring Responsibility' - - Timing ' Verification :.' (Date and , - t ial s) - 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 3 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 Quality MM 4.4.1 Burrowing Owl Surveys. 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 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. City of Gilroy Community Development Department Prior to any site disturbance 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 project applicant shall impose a limited operating period (LOP) for all UNF/ Warehouse and Distribution Facility Mitigation Monitoring and Reporting Program 4 City of Gilroy May 2014 MITIGATION MONITORING AND REPORTING PROGRAM 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. 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 UNF1 Warehouse and Distribution Facility May 2014 Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM 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. 4 6 Climate `Change and ;Greenhouse faces 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 City of Gilroy Mitigation Monitoring and Reporting Program 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 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.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 7 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 Prior to issuance of a grading permit, the final construction plans shall City of Gilroy Community Prior to issuance of be designed in accordance with the recommendations of the Development Department grading permit UNF/ Warehouse and Distribution Facility Mitigation Monitoring and Reporting Program 8 City of Gilroy May 2014 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. 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 2024 E'� UNFI Warehouse and Distribution Facility Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM 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 UNFI Warehouse and Distribution Facility Mitigation Monitoring and Reporting Program 10 City of Gilroy May 2014 MITIGATION MONITORING AND REPORTING PROGRAM other properties and /or will be safe from flow - related erosion hazards or otherwise aggravate flow - related erosion hazards. 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. 4:13 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 UNFI Warehouse and Distribution Facility Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM UNFI Warehouse and Distribution Facility Mitigation Monitoring and Reporting Program 12 City of Gilroy May 2014 A/S 13 -18 UNF1 Final Conditions of Approval PLANNING DIVISION — The project shall comply with the following conditions or their equivalent, to the satisfaction of the Planning Manager: 1. Applicant shall obtain a building permit prior to initiating any new construction or modifications to structures, including those authorized by this architectural and site review approval. 2. The project shall be constructed to a minimum standard of LEED Silver or equivalent, as determined by the Planning Manager. 3. At the building permit stage, applicant shall work with planning staff to increase the separation between the tubular steel fence and the sidewalk along Cameron Boulevard, wherever possible, recognizing that truck parking in some areas will limit the westerly shift in the location of the fence along Cameron Boulevard, subject to the satisfaction of the Planning Manager. 4. At the building permit stage, applicant shall work with planning staff to increase the number of trees in the employee parking lot on the west side of Camino Arroyo, specifically by increasing the number of trees in the linear landscaped areas between parking stalls, subject to the satisfaction of the Planning Manager. 5. Applicant shall design and install landscaping and irrigation plans in accordance with the adopted Consolidated Landscaping Policy and the Landscaping Requirements of the Gilroy City Code (Chapter 30, Section 38). 6. Landscaping plans including specifications for an irrigation system shall be approved by the planning manager in accordance with the adopted consolidated landscaping policy and Article XXXVIII, prior to issuance of a building permit. The landscaping shall be continuously maintained in an orderly, live, healthy, and relatively weed -free condition, in accordance with the approved specific landscape plan or as otherwise approved in writing by the planning manager. 7. Prior to construction of Phase 2, the Phase 2 building footprint area shall be maintained in a dust- and weed -free manner. 8. As detailed in the Final EIR, CEQA analysis of the Phase 2 construction was completed; however, the Phase 2 architecture is not approved as part of this permit. The details of Phase 2 development shall be reviewed and approved under a separate Architectural and Site Permit. 9. Prior to issuance of any sign /building permit, Applicant shall submit plans in compliance with the Gilroy City Code and to the Planning Manager's satisfaction. 10. Mechanical Equipment. Mechanical equipment to be located on the roof of a building shall be screened by an architectural feature of the building such that it cannot be seen from ground level at the far side of the adjacent public right -of -way. 11. Trash is proposed in self- contained compactor units. Any future trash enclosures shall consist of visually solid fences and gates, six (6) feet in height, in accordance with the adopted City of Gilroy standard trash enclosure design plan, or a similar design approved by the Planning Director. All trash enclosures shall be located in accordance with the approved site plan and the Uniform Fire Code, and covering of trash enclosures may be required by the city. In addition, recycling areas must be provided within the trash enclosures, in accordance with the following regulations: a. Areas for recycling shall be adequate in capacity, number, and distribution to serve the development project. b. Dimensions of the recycling area shall accommodate receptacles sufficient to meet the recycling needs of the development project. c. An adequate number of bins or containers to allow for the collection and loading of recyclable materials generated by the development project should be located within the recycling area. 12. No unobstructed beam of exterior lighting shall be directed outward from the site toward any residential use or public right -of -way. 13. All outdoor storage and loading areas must be screened from public view with a combination of landscaping, solid fencing, and building design and orientation, pursuant to the approved plans. 14. All backflow devices shall be painted an earth tone color, so that they blend with their surroundings, and shall be heavily landscaped. 15. No signs are approved as part of this permit. Prior to installation for any freestanding tenant identification sign or attached sign, a separate administrative permit shall be requested and obtained for any such sign(s). Freestanding tenant identification signs shall be set back at least 5 feet behind the public sidewalk and shall be situated such that they do not compromise safety of pedestrians or vehicles. 16. Building permits and construction shall conform to the approved plan set on file with the city, with the cover sheet showing the latest revision date of 5- 20 -14. The Applicant may request minor modifications to the approved plan, upon submittal of the appropriate application. Such request may be considered by the Planning Manager, in conformance with the requirements of the Gilroy City Code and other regulatory guidelines and /or criteria. 17. This architectural and site review approval shall be deemed revoked if the use for which the approval described herein is changed, unless a transfer of the approval has been reissued for a new use prior to such revocation. 18. This approval shall be deemed automatically revoked if a building permit for the development described herein is not approved within one (1) year of the date of this approval, unless an extension of time has been granted prior to such automatic revocation. A/S 13 -18 Conditions of Approval 2 19. This approval shall be deemed automatically revoked if the requested use for which the approval is granted is changed unless, upon application to the Planning Manager, the approval is transferred. If the Planning Manager is unable to reissue the approval, a new Architectural and Site Review application must be filed prior to initiation of such use. 20. Prior to issuance of the certificate of occupancy, the applicant shall contribute a fair share contribution toward (1) extending the westbound left -turn pocket an additional 75 feet at the Monterey Road and Tenth Street intersection (Mitigation Measure #27 from the 2000 MND), and (2) adding a second southbound left turn lane at the Chestnut Street and Tenth Street intersection (Mitigation Measure #28 from the 2000 MND). The applicant shall work with the city transportation engineer to establish the fair share contribution, which may include but is not limited to having an external traffic engineer estimate project trips through said intersections. This condition shall be completed to the satisfaction of the public works director. 21. The project shall be subject to and shall implement all mitigation measures as stated within the project's Final Environmental Impact Report for the UNFI Warehouse and Distribution Facility (SCH# 2013091002). 22. This permit is granted subject to approval of the associated General Plan Amendment (GPA 13 -01) and Zoning Amendment (Z 13 -06). The subject Architectural and Site Permit shall not take effect until the associated General Plan Amendment (GPA 13 -01) and Zoning Amendment (Z 13 -06) become effective. 23. Applicant shall record with the County of Santa Clara, a form identifying the permit approvals associated with the subject property. Such form shall be provided by the City. Prior to issuance of any building permits, Applicant shall submit the original completed document to the Planning Division for processing. 24. By commencing any activity related to the project or using any structure authorized by this permit, Applicant accepts all of the final conditions and obligations of this permit and waives any challenge to the validity of the conditions and obligations stated therein. 25. The applicant shall comply with applicable requirements from the Santa Clara Valley Habitat Conservation Plan. 26. Prior to installation of outfalls, stormwater treatment measures, or any other disturbance of the existing drainage ditches along the western boundary of the site, the applicant shall a) obtain Santa Clara Valley Water District and Army Corps of Engineers clearance for the work and b) provide verification that the hydraulic capacity of the drainage ditches, as modified through the proposed stormwater treatment measures, will be maintained in a manner such that they adequately serve their primary flood conveyance function. Of note, the Regional Water Quality Control Board has indicated in an email to the city that no permits will be required from them for the proposed work. As an alternative to completing the aforementioned tasks, the applicant may choose to revise their stormwater control A/S 13 -18 Conditions of Approval plan such that outfalls and treatment measures are not included in the drainage ditches on the western boundary of the site. Said revisions shall be reviewed and approved by the planning manager and public works director, and revised calculations verifying compliance with applicable stormwater treatment requirements shall accompany any such revisions to the stormwater control plan. 27. The applicant has provided evidence that they obtained an easement over APN 841 -17 -084, immediately south of the project site, that will allow for the future public right of way connection between the future easterly extension of East Luchessa Avenue and the future southerly extension of Cameron Boulevard. Upon request by the City, UNFI or its successors shall grant the City exclusive access to construct a public right of way over the easement that it has obtained on the Obata property (APN 841 -17 -084) immediately south of the main facility site for purposes of extending Luchessa Avenue to the east and for purposes of extending Cameron Boulevard to the south, such that the two road intersect in accordance with approved street locations. UNFI or its successor shall not modify the easement benefiting UNFI, recorded as document number 22411142 with the Santa Clara County Recorder's Office, without first consulting and receiving written approval to do so from the City of Gilroy. 28. No specific emergency standby / backup generator is approved as part of this permit. Any such emergency standby / backup generator proposed at the building permit stage shall be subject to the Planning Manager's approval and conditions and shall meet all applicable Bay Area Air Quality Management District standards. 29. The applicant shall, upon request by the city planning manager after his /her coordination with the police department, trim trees on the private property close to Camino Arroyo such that clear visibility to a height of six feet can be achieved to promote easier police surveillance of the parking area. 30. The applicant shall, upon request by the city planning manager after his /her coordination with the police department, increase the lighting level along the pedestrian path leading from the employee parking area to the office entry. Alternative means to promote safety of employees in their travel between the parking area and office may be considered. PUBLIC WORKS /ENGINEERING 31. Upon request by the city, UNFI or its successors shall construct the additional improvements on APN 841 -17 -115 associated with the full build -out of Cameron Boulevard to a four -lane arterial street. This construction will be required at the time UNFI constructs Phase 2 of the development; however, the city can require that the additional improvements, including but not limited to public and private landscaping, fencing, and roadway improvements, be completed by UNFI or its successors in advance of the applicant's request for construction of the additional square footage associated with the project's Phase 2. Some additional improvements for the full build -out of the roadway and /or project may require minor revisions or review before final approval. For example, the new street light A/S 13 -18 Conditions of Approval 4 locations on the east side of Cameron Boulevard need to be evaluated, and additional truck stacking distance may be necessary between the Cameron Boulevard right of way and the proposed future entry gate on the new driveway on the east side of Cameron Boulevard. 32. All work is to be performed in compliance with the City of Gilroy Specifications Standards and Design Criteria, and the McCarthy Business Park Special Plan and Development Agreement and is subject to all laws of the City of Gilroy by reference. Street improvements and the design of all storm drainage facilities, sewer and water lines, and all street sections shall be in accordance with City Standards, and the McCarthy Business Park Special Plan and Development Agreement and shall follow the most current City Master Plan for streets, as approved by the City of Gilroy's Public Works Director /City Engineer. 33. The applicant shall obtain all necessary permits for federal, state local agencies as required to construct the proposed improvements including, but not limited to the Santa Clara Valley Water District's permit and Regional Water Quality Control Board. See also condition #26 above. 34. A Parcel Map with all required dedications shall be filed with the Santa Clara County Recorder's Office with a copy transmitted to the City. Recordation of the final map shall include: a. The irrevocable dedication of right of way for Cameron Boulevard to the most southerly property line; b. The irrevocable dedication of public service easements (PSEs) as shown on the April 2014 Parcel Map including a 20' wide PSE along the southern property line between the easterly edge of Cameron Boulevard and the most easterly property line; c. Abandonment of the existing Camino Arroyo right -of -way south of the southerly Venture Way right -of -way line to the most southerly property line. 36. Construct the Cameron Boulevard bridge over the Princevalle Drain and all utilities supported by the bridge, along the extension of Cameron Boulevard and within the PSEs and as approved by and subject to any modifications approved by the City of Gilroy's Public Works Director /City Engineer. Construct the pedestrian /EVA bridge over the Princevalle Drain on the existing abutments located immediately south of the Camino Arroyo/Venture Way intersection and all utilities supported by the bridge and within the PSEs, subject to the approval of the City of Gilroy's Public Works Director /City Engineer. The portion of the abutments not directly supporting the bridge shall be capped and the area landscaped with Phase 1, to the satisfaction of the City of Gilroy Public Works Director /City Engineer and Planning Manager. The applicant shall evaluate the safety and aesthetics of the abutments in providing to the city a recommendation as to whether and what type of rail and or fencing may need to be installed on the unused, capped abutments. The Public Works Director and Planning Manager must approve said plan to include or not include a fence or rail on the unused abutments. The pedestrian /EVA bridge, including the abutments, will be a private facility, located on the applicant's A/S 13-18 Conditions of Approval property, and shall be maintained by the applicant, with all liability associated with such improvements also resting with the applicant. 36. Underground all overhead utilities within and crossing the site. The overhead electrical utilities within the 40' Pole Line Easement (579 -OR -309) along the east side of the property shall be relocated to the new Cameron Boulevard right -of -way prior to Phase I building occupancy. The 40' Pole Line Easement (579 -OR -309) shall be abandoned prior to Phase II project approval. 37. Provide new traffic striping and traffic control signage along Camino Arroyo, Venture Way and Cameron Boulevard as shown on the Architectural and Site Plans dated April 1, 2014 and as approved by the City of Gilroy's Public Works Director /City Engineer. 38. Reconstruct the intersection of Camino Arroyo and Venture Way to replace the extension of Camino Arroyo with new sidewalk and a private industrial driveway in line with the southerly curb face of Venture Way as approved by the City of Gilroy's Public Works Director /City Engineer. 39. Standard vehicle access to the site is limited to the proposed driveway on Cameron Boulevard. An EVA access shall be provided at the extension of Camino Arroyo at Venture Way via a private industrial driveway. 40. Prior to occupancy, the detention and bio- retention facilities including, but not limited to the drainage swales, channels, bio- basins, sediment basins and storm drain systems shall be designed and functioning in accordance with RWQCB and City of Gilroy Standards and with the approval of the Director of Public Works /City Engineer. The following design criteria will be followed to the satisfaction of the Public Works Director: a. The capacity of the system shall be designed to provide for the future expansion of facilities as outlined and /or indicated on the Architectural and Site Plans dated April 1, 2014. b. The detention and bio- retention facilities are to be designed and constructed to be natural in appearance. c. Trees and shrubs planted along the new Cameron Boulevard shall be incorporated into the proposed detention and bio- retention facilities without detracting from the effectiveness of the facilities as determined by the Director of Public Works /City Engineer. d. The applicant shall provide verification that the proposed bioretention facilities in the two interceptor ditches on the west side of the site do not reduce the hydraulic function of the ditches. See condition #26 above for more information related to this condition. e. The design requires the reviewed and approval of the City of Gilroy's Public Works Department. 41. All storm drain run -off must be pre- treated prior to entering into public storm drain system. Pre - treatment measures shall be reviewed and approved by the A/S 13-18 Conditions of Approval 6 Engineering Division prior to start of construction. Storm drain treatment shall be in conformance with Section 27D of the Municipal Code. 42. Prior to start of construction, a SWPPP and an Erosion Control Plan is required for all development over 1 acre. The WDID# from the Regional Water Quality Control Board (RWQCB) shall be provided to the City. This project requires construction and post- construction water quality requirements per RWQCB. 43. Any work in the public right -of -way shall require a traffic control plan prepared by a licensed, professional engineer with experience in preparing such plans. The Traffic Control Plan shall be prepared in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices. Such plan shall be submitted at least ten working days prior to beginning any such work, and shall not initiate without approval of the City Traffic Engineer. 44. Upon request by the Public Works Director, the applicant shall submit vector based electronic files for all Final /Parcel Map and Improvement Plans that are readable by AutoCAD and in PDF format. 45. Prior to PIA approval, the developer shall submit an estimate of the probable cost of improvements, pay all plan check and inspection fees, enter into a property improvement agreement, and provide payment and performance bonds. 46. Improvement plans are required for all on -site and off-site improvements. Prior to PIA approval and approval of the Improvement Plans, the following items will shall be completed: a. The developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. A licensed Civil or Electrical Engineer shall sign the composite drawings and /or utility improvement plans. (All dry utilities shall be placed underground.) b. The developer shall negotiate right -of -way with Pacific Gas and Electric and other utilities subject to the review and approval by the Engineering Division and the utility companies. c. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the City. d. The City will collect the plan check and inspection fee for the utility underground work. 47. Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City: a. A professional engineer- signed and PG &E- approved original electric plan. b. A letter from the design Electrical or Civil Engineer that states the electrical plan conforms to City Codes and Standards, and to the approved subdivision improvement plans. A/S 13 -18 Conditions of Approval 7 48. The project is subject to the City's Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. Payment of Street Tree and Storm Development Impact Fees is required prior to approval of the Final Map. Sewer, Water, Traffic, and Public Facilities Development Impact Fees are due at time of building permit. 49. Applicant or successors shall maintain open space, landscaping, storm water quality treatment basins, private streets and private utilities to the satisfaction of the Public Works Director and Planning Manager. 50. If access to adjacent property will be necessary to construct proposed improvements, a letter granting access will be required prior to Final /Parcel Map approval. 51. The lowest floor shall be at least 1 foot higher than the base flood elevation, or 1 foot above the nearest high point in the drainage release path, or 2 feet higher than lowest top of curb, whichever is highest. See the related mitigation measure in the Final Environmental Impact Report for more information. FIRE PREVENTION 52. Fire sprinkler systems shall meet NFPA 13 and are subject to review, approval and permitting by Fire Prevention. Interior fire sprinkler risers are required. Fuel dispensing canopy area shall be protected at 0.2gpm /3,000 square foot. Quell Systems are not State Fire Marshal approved nor listed. Such a system requires Alternate Methods and Materials application and review. A listed ESFR/ELO dry pendant system in areas that need dry system protection would be a code compliance decision. 53. As part of the Fire Sprinkler submittal a full "Commodity Evaluation" complying with NFPA 13 requirements, prepared by a California Licensed Fire Protection Engineer is required. Evaluation shall include commodity listings, stored percentages, storage type and arrangement, and commodity packaging type. Include the type of pallets used (plastic or wood), and where idle pallet storage if any will be located. Show storage rack layout, height, type (single, double or multiple), type of shelving (i.e. open, solid), flue size, and aisle size. The Building Department will review the seismic calculations for the rack system. 54. On building plans show construction type and fire rating of walls separating coolers, freezers & other storage areas. 55. Provide a written testing plan for all life safety systems including but not limited to sprinkler system, fire alarm system, refrigerant leak detection, and fire pump(s). 56. A fire alarm system with horns and strobes shall be provided throughout the facility and a separate plan submittal and permit are required. At a minimum it shall provide water flow monitoring for each building and for each floor level. Each level shall have a supervised shut off switch. Tamper switches at the DDC and PIV (if one is present), and a pull station and smoke detector at the riser location. Any other required fire alarm system components shall be added pursuant to the Fire and Building Code for the occupancy classification of the building. Note that other A/S 13-18 Conditions of Approval 8 alarm systems shall have distinguishable tones separate than that used for the fire alarm system (i, e, hazmat alarm). 57. Smoke and heat vent locations, vent to floor area calculations, type and make of smoke and heat vents, fusible link temperatures. The elimination of heat and smoke vents is proposed, but does not meet CFC 910.1 exception (travel distance is in excess of 250'). 58. Fire Department access doors shall be provided at 100 foot maximum on center, at all exterior walls. 59. Prior to issuance of the certificate of occupancy, a KNOX keybox shall be provided for Fire Department access. 60. Buildings shall have approved radio coverage for emergency responders within the building. Any building or structure which fails to support adequate radio coverage for the city's public safety communication systems, shall include an amplification system to provide for voice and data communications for police and fire division personnel. For purposes of this section, adequate radio coverage shall include all of the following: a. A minimum signal strength of 95 dBm available in 90 percent of the area of each floor of the building when transmitted from the closest city public safety communications system site; b. A minimum signal strength of 95 dBm received at the closest city public safety communications system site when transmitted from 90 percent of the area of each floor of the building; c. The frequency range which must be supported shall be 150-- 174MHz (voice) and unknown MHz (data); and d. A 90 percent reliability factor. e. Amplification systems allowed include: 1. A radiating cable system; or 2. An internal multiple antenna system with FCC type accepted bi- directional amplifiers as needed. f. If any part of the installed system or systems contains an electrically powered component, the system shall be capable of operating on an independent battery and /or generator system for a period of at least 12 hours without an external power input. The battery system shall automatically charge in the presence of an external power input. 61. A separate plan review and permit is required for the radio coverage system. The minimum information to be included in the Distributed Antenna System (DAS) submittal includes: a. A copy of any RF site survey done to determine RF coverage within the project structure. b. Predicted RF coverage plots or calculated signal levels within the structure. A/S 13 -18 Conditions of Approval 9 c. A listing of any excluded areas of the project and why they were excluded. d. Site plan with equipment and antenna(s) locations noted. e. Manufacturer's data sheets or detailed specifications on all hardware items proposed. f. System block diagram indicating connectivity and location of all system components. g. Methodology of failure alarm supervision for the DAS system. h. Information regarding annual preventive maintenance and any service plan for the system. i. Floor plans that show antenna runs, equipment locations and installation details. j. Elevation floor plan that shows location of new equipment, installation details, new electrical circuit(s) with panel board location. k. Floor plans that show location and type of vertical risers to roof. I. Where conduits or sleeves penetrate fire rated walls or floor /ceiling assemblies, provide data sheets of proposed fire stopping systems. 62. Prior to Certificate of Occupancy a third party testing firm shall be used to verify system function with the items A through F. The Deputy Fire Marshal shall be present to witness the testing. HAZARDOUS MATERIALS 63. Applicant shall provide information on the chemicals and processes as part of the building permit submittal. 64. A separate permit is required for the installation of tanks, including generator tanks. The Building Department will review the seismic securing of tanks. 65. All hazardous materials use shall comply with local, state and federal regulations. Pursuant to the Gilroy Fire Code and Gilroy Hazardous Materials Storage Ordinance, plans, specifications and details shall be provided for plan review, approval and permit by the Fire Marshal. A third party expert shall be retained at the applicant's cost to provide plan review, inspection, advice and expertise in the evaluation of the adequacy of all hazardous materials storage, use and handling systems. This will include evaluation of the Ammonia and Carbon Dioxide refrigeration systems with the applicable Mechanical Code and Fire Code requirements to mitigate for releases, provide detection and alarm systems and provide a CAL ARP submittal. A deposit of $5,000 shall be provided, which will be used to cover expenses and overhead for these reviews and inspections. Funds remaining after issuance of the certificate of occupancy will be refunded to the applicant. 66. An SPCC plan shall be provided prior to introduction of regulated oils (petroleum or otherwise) to the facility. The SPCC shall comply with Federal and State APSA laws and regulations. A/S 13 -18 Conditions of Approval 10 67. Prior to issuance of certificate of occupancy, all emergency plans and employee training plans shall be submitted for review and approval. 68. Prior to issuance of certificate of occupancy, the Hazardous Materials Business Plan shall be entered into the CERS online system. INDUSTRIAL WASTE /PRETREATMENT 69. Generation and /or disposal of industrial wastewater (non- domestic) shall require an Industrial Waste Permit from Chemical Control. Facilities with discharges in excess of 5,000 gallons per day shall contact the Engineering Department and have their sewer and water allocation reviewed and increased if needed. 70. Industrial buildings shall have a sewer test manhole installed on the property (see City Specifications) and in an area that can be readily accessed by an inspector, (minimum of one for each building). 71. Food preparation facilities that generate grease shall be provided with a grease trap or clarifier, sized for the anticipated quantities. No garbage disposals or food grinders are permitted. 72. Industrial water softening systems (resin cartridges) may not be regenerated on site. A cartridge change -out type system is permitted. 73. An industrial waste discharge permit is required from the Chemical Control Program prior to any industrial waste water discharge to the sanitary sewer system. Prior to building permit issuance, a waste water permit application form shall be submitted for review. Any wastewater requiring treatment shall have a treatment system design approved by Chemical Control. Waste water discharges are subject to the local limits included in the South County Regional Wastewater Authority (SCRWA) Ordinance 2013 -1. The permit shall be maintained and renewed as required. 74. Vehicle washing or other washing operations that may generate oily residues shall be drained to an oil water separator. Rain water may not enter the separator. Separate plans and approval are required for vehicle wash pads. 75. Waste water discharge fees are typically based on water usage. If there is water usage that the applicant believes does not result in a discharge it is require that the applicant provide on -site meters for these uses in order to qualify for rate discounts. For evaporative processes the applicant shall provide calculations and information sufficient for the City to make an evaluation for appropriate level of discount. 76. The private fire system shall connect to the public system shall via a DDCA/FDC at an approved location outside of the facility. The location for the DDCA /FCD shown on the plans on Cameron Boulevard is acceptable. The location shown on the interior of the site at the EVA bridge may not be acceptable, and may need to be relocated to the public side of the channel/bridge. The applicant shall coordinate with the city at the building permit stage and receive approval for all proposed improvements. A/S 13 -18 Conditions of Approval 11 77. A public fire hydrant shall be located within 40 feet of the DDCA/FDC and on the same side of a driveway. 78. At least one of the access gates shall have an automatic opening. Typically this would be applicable to the main gate, however due to the configuration of the site, the EVA gate may have the automatic opening. 79. Obtain an address for each building. The maintenance building requires an address, even if not used for site location purposes, an address is required for building permit purposes. SANTA CLARA VALLEY WATER DISTRICT — The project shall comply with the following conditions or their equivalent, to the satisfaction of the Planning Manager: 80. The project construction drawings shall include the existing and future SCVWD easement delineation on all sheets. 81. The applicant shall provide an access easement in the Camino Arroyo pedestrian bridge area, as this area will no longer be a public right of way. The easement shall be provided along the Princevalle Storm Drain through the proposed private right of way. 82. The construction drawings shall show the ramps and the grading within and adjacent to each of the 18 -foot wide maintenance access ramps at both bridges (total of 6 ramps -there is no maintenance road on the north side of the channel between Camino Arroyo and Cameron Boulevard). The drawings shall also show the 18 -foot wide compacted aggregate base maintenance roads which are required to be installed adjacent to the channel at the Phase 1 parking lot as part of the project improvements. Said maintenance roads shall be constructed in full prior to issuance of certificate of occupancy. 83. There shall be no landscaping planted within the easement area. The areas within the easement shall be reserved for maintenance roads. The proposed trees adjacent to the easement area shall be located such that they will withstand trimming /removal along the easement line if the overgrowth blocks vehicular access for larger maintenance -sized vehicles. 84. Any slopes or retaining walls required to accommodate grade separations between the truck parking area and the Princevalle Drain shall be located outside of SCVWD easements. 85. Cross sections along Princevalle Storm Drain that are provided in the construction drawings shall include the channel, the maintenance road, the existing and future easement line and the proposed perimeter fence for the project. 86. Pursuant to the project mitigation measures, the first floor and highest adjacent grade of any building be raised above the higher water surface elevation of either the effective FIRM or the FIRM LOMR dated November 10, 1998, Pane1060337 0760 F which is believed to be the correct delineation of the 100 -year floodplain in this area. The 1998 LOMR is based on NGVD29 elevation datum and the effective FIRM is based on NAVD88 datum. A/S 13 -18 Conditions of Approval 12 87. Proposed landscaping adjacent to Princevalle Storm Drain and Upper Miller Slough should conform to the planting guidelines in the Guidelines and Standards for Land Use Near Streams, to the satisfaction of the Planning Manager. 88. At final design, calculations shall be submitted to support the design of the modifications to the interceptor channels, showing that the modifications do not impact the hydraulic function of the interceptor channels as they were designed. Also, the design calculations for the bio swales shall be submitted with the final improvement and construction plans for review and approval by the City. If regulatory agencies deem the interceptor channels to be Waters of the US or Waters of the State, then additional storm water treatment measures may be required prior to having water enter said channels. See also condition #s 26, 33, and 40. 89. All proposed improvements in the existing and future easement areas will require a separate District encroachment permit. The easement dedications should be completed prior to installing any improvements in those areas. GENERAL 90. Applicant agrees, as a condition of adoption of this resolution, at applicant's own expense, to indemnify, defend and hold harmless the City and its agents, officers and employees from and against any claim, action or proceeding to attack, review, set aside, void or annul the approval of the resolution or any condition attached thereto or any proceedings, acts or determinations taken, done or made prior to the approval of such resolution that were part of the approval process. 91. This project approval is conditioned upon the applicant's signing of an indemnification agreement, the terms of which must be acceptable to the city. A/S 13 -18 Conditions of Approval 13 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2014 -29 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 2 "d 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 3`d day of June, 2014. i i n S awna Freels, MMC City Clerk of the City of Gilroy (Seal)