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
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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
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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
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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
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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 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
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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 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
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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
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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
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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)