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Resolution 2017-11I RESOLUTION NO. 2017-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING THE EXTENSION OF TENTATIVE MAP TM 08 -01 SUBDIVIDING A 20 -ACRE SITE LOCATED AT 5350 MONTEREY ROAD INTO 17 LOTS FOR COMMERCIAL AND INDUSTRIAL USES, APN 841 -31 -021 WHEREAS, Monterey Road Investment Group, LLC, submitted application TM 08 -01 requesting a tentative map to subdivide a 20 -acre site into seventeen (17) lots for commercial and industrial uses ( "the Project ") on APN 841 -31 -021, located at 5350 Monterey Road; and WHEREAS, the Planning Commission held a duly noticed public hearing on May 5, 2011, at which time the Planning Commission considered the public testimony, the staff report dated May 5, 2011 ( "Staff Report"), and all other documentation related to application TM 08 -01, and recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public hearing on June 6, 2011, and considered the public testimony, the Planning Commission Staff Report, a supplemental staff report, and all other documentation related to application TM 08 -01 and requested City Staff to prepare resolutions of approval for the Project; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City Council has certified the Monterey Commercial Zone Change and Subdivision and Fortino Zone Change EIR to have been prepared in compliance with CEQA, and adopted CEQA Resolution No. 2011 -38 so certifying and making all the required findings as to mitigation of each significant effect prior to approving the Project and adopting the mitigation measures and a Mitigation Monitoring Program; as well as a Statement of Overriding Considerations for unavoidable or partially mitigated significant effects; and WHEREAS, the loss of agricultural lands was one of the significant, unavoidable effects on the environment which can be partially mitigated by adherence to the City's Agricultural Mitigation Policy which requires that the applicant enter into a deferred payment or dedication agreement establishing the specific criteria for and timing of the required mitigation, which actual mitigation must be completed prior to final map approval; and WHEREAS, the applicant has entered into that certain "Agreement for Deferred Agricultural Mitigation by and between the City of Gilroy and Monterey Road Investment Group, LLC" and RESOLUTION NO. 2017-11 WHEREAS, a condition of this tentative map approval is the requirement that the applicant pay the agriculture mitigation fee prior to final map approval; and WHEREAS, on January 9, 2012, the City Council adopted Resolution No. 2012 -03 approving tentative map application TM 08 -01; and WHEREAS, Resolution No. 2012 -03 took effect the same date that Ordinance 2012 -01 took effect on February 8, 2012, providing for a tentative map expiration date of February 8, 2014; and WHEREAS, the State of California granted an automatic two -year extension for unexpired tentative maps, with a resulting tentative map expiration date of February 8, 2016; and WHEREAS, pursuant to Gilroy City Code Section 21.41(1), tentative map approvals may be extended for three periods not to exceed an additional 12 months each, at the discretion of the City Council; and WHEREAS, prior to the expiration of the map, the applicant submitted a request to extend the tentative map approval for two periods of 12 months each, extending the tentative map approval to February 8, 2019; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this Project approval is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT: SECTION I The City Council hereby finds as follows: 1. Public utilities and infrastructure improvements needed to serve the Project are in close proximity to the Project site. 2. The proposed Project is consistent with the City's General Plan and the intent of the land use designation for the property on the General Plan land use map. RESOLUTION NO. 2017 -11 3 3. The proposed Project is consistent with the City's Zoning Ordinance and Subdivision and Land Development Code, and with the State Subdivision Map Act. 4. There is not substantial evidence in the entire record that the Project will have any significant effects on the environment not analyzed and reviewed and considered in the Final EIR and summarized in CEQA Resolution No. 2011 -38. 5. There are no facts to support the findings requiring denial of the proposed tentative map under California Government Code section 66474. SECTION II The extension of Tentative Map TM 08 -01 to February 8, 2019 is hereby approved, subject to the conditions of approval set forth in Exhibit "A" attached hereto and entitled "TM 08 -01 Final Conditions of Approval ", and subject to the Mitigation Measures and the Mitigation Monitoring Reporting Program for the project, attached hereto as Exhibit `B." PASSED AND ADOPTED this 20th day of March 2017 by the following vote: AYES: COUNCILMEMBERS: BRACCO, HARNEY, KLOECKER, LEROE- MUNOZ, TOVAR, TUCKER AND VELASCO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Shawna Freels, 11 . . , as 055 Roland Velasco, Mayor RESOLUTION NO. 2017-11 4 EXHIBIT "A" TM 08 -01 Final Conditions of Approval Planning Division 1. The project shall conform to the plan set entitled Tentative Map — Monterey Road Commercial Center, dated April 8, 2008, last revised, April 18, 2011 (4t" submittal), prepared by Ruggeri- Jensen -Azar, and as further amended by this Resolution. 2. The project shall incorporate all mitigation measures identified in the Final EIR entitled Monterey Road Commercial Center Zone Change and Subdivision and Fortino Zone Change, dated April 25, 2011. 3. The project will be required to provide mitigation per the Agricultural Mitigation Policy for the loss of 12.2 acres of Prime Farmland. 4. The mitigation fee that is established pursuant to that certain agreement entitled "Agreement for Deferred Agricultural Mitigation by and between the City of Gilroy and Monterey Investment Group, LLC" as partial mitigation for the project's unavoidable significant effects on agricultural shall be paid to the City prior to issuance of the first final map for the project. 5. All buildings and other structures which cross proposed property lines shall be removed prior to approval of the Final Map. 6. Prior to approval of the Final Map, the applicant shall work with the Public Works Department install striping for bike lanes on both sides of Monterey Road between the project site and the existing commercial uses to the north. If the Public Works Department determines that there is not adequate existing ROW available, no bike lanes shall be installed. Provide one Class 1 bicycle parking space (locker or other form of interior, secured space) per 30 employees in addition to the one bicycle rack parking space per 20 parking spaces included in the project. This condition will be implemented with the Architecture /Site Approval for each individual lot. 7. Based on the land use mix contained in the project description from the EIR and traffic study (50% commercial, 40% industrial, 10% office), the project will be required to install the recommended Monterey /Luchessa intersection improvements upon completion of the entire amount of industrial (40% of the site) and office (10% of the site) development and the first 30,000 square feet of commercial uses. 8. The subdivider shall defend, indemnify, and hold harmless the City, its City Council, Planning Commission, agents, officers, and employees from any claim, action or proceeding against the City or its City Council, Planning Commission, agents, officers, and employees to attack, set aside, void, or annul an approval of the City, City Council, Planning Commission, or other board, advisory agency, or legislative RESOLUTION NO. 2017-11 5 body concerning this subdivision. City will promptly notify the subdivider of any claim, action, or proceeding against it, and will cooperate fully in the defense. This condition is imposed pursuant to California Government Code Section 66474.9. 9. Architectural and Site approval shall be required prior to the use and /or development of any lot within the subdivision. 10. An easement shall be recorded over all required storm drainage facilities, including but not limited to detention /retention basins and drainage swales, to preclude construction or development over these areas. 11. Should the adjacent site to the north develop prior to recordation of the Monterey Road Commercial Center Final Map, the stub street to the north shall be eliminated, and the land distributed equally amongst the lots on the north side of the subdivision. Engineering Division 1. GENERAL a. Developer shall perform all work in compliance with the City of Gilroy Specifications Standards Design Criteria and is subject to all laws of the City of Gilroy by reference. Street improvements and the design of all off -site storm drainage facilities, sewer and water lines, and all street sections shall be in accordance with City Standards and shall follow the most current City Master Plan for streets, as approved by the City of Gilroy's City Engineer. b. Until such time as the Improvements are accepted by City, Developer shall be responsible for and bear the risk of loss to any of the Improvements constructed or installed. c. The applicant shall obtain all necessary permits from federal, state, and local agencies as required to construct the proposed improvements. d. All existing utility poles shall be removed, and all utilities placed underground. No new poles are allowed. 2. FEES a. 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 at first building permit issuance. Sewer, Water, Traffic, and Public Facilities Development Impact Fees are due prior to building occupancy. Note that there will be a fee increase beginning 7/1/2017. RESOLUTION NO. 2017-11 n b. At improvement plan submittal, Developer shall submit an estimate of the probable cost of improvements and shall pay 40% of the plan check and inspection fees. c. Prior to improvement plan approval, Developer shall pay the remaining 60% of the plan check and inspection fees and other related fees that the property is subject to, enter into a property improvement agreement, and provide payment and performance bonds. d. The fees shall be based on the current comprehensive fee schedule in effect at the time of fee payment, consistent with city policy. 3. TRANSPORTATION a. 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. Traffic Control Plan shall be prepared in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices. The Traffic Control Plan shall be included in the Improvement Plans and shall be approved prior to grading permit issuance. 4. GRADING /DRAINAGE a. All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. If all or part of the construction occurs during the rainy season, the developer shall submit an Erosion Control Plan to the City Engineer for review and approval. This plan shall incorporate erosion control devices and other techniques in accordance with Municipal Code § 27C to minimize erosion. Specific measures to control sediment runoff, construction pollution and other potential construction contamination sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan and Storm Water Pollution Prevention Plan ( SWPPP). The SWPPP shall supplement the Erosion Control Plan and project improvement plans. These documents shall also be kept on- site while the project is under construction. A Notice of Intent (NOI) shall be filed with the State Water Resources Control Board, with a copy provided to the Engineering Division before a grading permit will be issued. WDID# shall be provided prior to Improvement Plan approval. b. All grading operations and soil compaction activities shall be per the approved project's geotechnical report that was prepared for the design of the project and shall be subject to the approval of the City Engineer. Site preparation and cut/fill construction shall be conducted under the observation of, and tested by, a licensed soils or geotechnical engineer. A report shall be filed with the City of Gilroy for each phase of construction, stating that all site preparation and cut/fill RESOLUTION NO. 2017-11 7 construction were performed in conformance with the requirements of the project's geotechnical report. This shall be subject to review and approval by the Engineering Division. The developer shall add this condition to the general notes on the grading plan. c. Prior to building permit issuance, the applicant's soils engineer shall review the final grading and drainage plans to ensure that designs for foundations, retaining walls, site grading, and site drainage are in accordance with their recommendations and the peer review comments. The applicant's soils engineer's approval shall then be conveyed to the City either by letter or by signing the plans. 5. WATER CONSERVATION: The project shall fully comply with the measures required by the City's Water Supply Shortage Regulations Ordinance (Gilroy City Code, Chapter 27, Article VI), and subsequent amendments to meet the requirements imposed by the State of California's Water Board. This ordinance established permanent voluntary water saving measures and temporary conservation standards. a. All construction water from fire hydrants shall be metered and billed at the current hydrant meter rate. b. Recycled water shall be used for construction water, where available, as determined by the City Engineer. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water District's municipal industrial rate. C. Where recycled water is not available, as determined by the City Engineer, potable water shall be used. All City potable water will be billed based on the City's comprehensive fee schedule under the Portable Fire hydrant meter rate. 6. WATER: The Developer shall perform field verification testing of the water system and will modify any part of the systems that does not perform to the standards established by the City. 7. UTILITIES a. Sanitary sewer laterals and /or water meters located in driveways shall have traffic rated boxes and lids. b. All mainline storm drain piping shall have a minimum diameter of 18 inches and the lateral connections shall have a minimum diameter of 15 inches. c. The Developer /Contractor shall make accessible any or all City utilities as directed by the City Engineer. RESOLUTION NO. 2017-11 8 d. Storm and sewer lines in private areas shall be privately maintained unless approved by the City Engineer. 8. NOTICING: At least one week prior to commencement of work, the Developer shall post at the site and mail to the Engineering Division and to owners of property within (300') three hundred feet of the exterior boundary of the project site a notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. 9. START OF CONTRUCTION: The City shall be notified at least two (2) working days prior to the start of any construction work and at that time the contractor shall provide a project schedule and a 24 -hour emergency telephone number list. 10. WORKING HOURS: Construction activity shall be restricted to the period between 7:00 a.m. to 7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m. to 7:00 p.m. for general construction activity. No work shall be done on Sundays and City Holidays. The City Engineer will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. 11. WORK INSPECTION: All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the City Engineer. 12. HAUL PERMIT: If the project has excess fill or cut that will be off - hauled to a site or on- hauled from a site within the city limits of Gilroy, an additional permit is required. This statement must be added as a general note to the Grading and Drainage Plan. 13. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the City, or a minimum of three times daily, or apply (non- toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the City Engineer, or at RESOLUTION NO. 2017-11 least once a day. Watering associated with on -site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late - afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the City Engineer. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered. 14. STREET MAINTENANCE: It is the responsibility of the contractor to make sure that all dirt tracked into the public right -of -way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris shall not be washed into the City's storm drains. 15. RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk- through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 16. GRADE CERTIFICATION: Certification of grades and compaction is required prior to Building Permit final. This statement must be added as a general note to the Grading and Drainage Plan. 17. ACCEPTANCE OF IMPROVEMENTS: Until such time as all improvements required are fully completed and accepted by City, Developer will be responsible for the care maintenance of and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or Improvements required for this project prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by the Developer. SPECIFIC ENGINEERING CONDITIONS OF APPROVAL 18. TRANSPORTATION: a. At improvement/grading permit phase, the Developer is required to dedicate right -of -way along Bolsa Road to accommodate the future 110' right -of -way (a 4 -lane divided arterial per current City standard, Detail STR -213). RESOLUTION NO. 2017-11 10 b. At improvement/grading permit phase, the plans shall be revised to show the following: Internal streets designed as non - residential streets with 48' right -of -way per current City standard, Detail STR -2A. Any changes to the street layout resulting from elimination of the future right -of -way north of the project site. 19. FLOOD: Zone AO, Depth 1' a. The effective Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map shows the entire project site to be within Flood Zone AO, depth 1'. i. The project shall also comply with the recommendations contained in the hydraulic study prepared by Binkley Associates entitled "Hydraulic Study of the 100 Year Flooding of Certain Properties Between Carnadero Creek, Highway 101, and the Southern Pacific Railway" and other related studies for the area. ii. Elevate or Floodproof the lowest floors of the proposed structures at least one foot above the Zone AO depth or the elevation shown on the Binkley Hydraulic Study (whichever is higher). This includes the City's one -foot freeboard requirement. iii. An Elevation Certificate (FEMA Form 086 -0 -33) for each proposed structure, based on construction drawings, is required prior to issuance of a building permit. Consequently, an Elevation Certificate based on finished construction is required for the built structure prior to issuance of an occupancy permit. iv. Building support utility systems such as HVAC, electrical, plumbing, air conditioning equipment, including ductwork, and other service facilities must be elevated above the base flood elevation or protected from flood damage. 20. STORMWATER: This project is subject to post- construction stormwater quality requirements per Chapter 27D of the Gilroy Municipal Code. a. The project's conceptual stormwater treatment exhibit showing a bioretention within the floodway easement is acceptable. At Improvement/grading permit phase, submit the following for review and approval: Detailed stormwater control plan, calculations and information on the entity responsible for maintaining the stormwater measures. RESOLUTION NO. 2017-11 11 Stormwater Runoff Management Plan and the final signed Performance Requirement Certifications specified in the Stormwater Guidance Manual. b. Stormwater BMP Operation and Maintenance Agreement Prior to first building permit issuance, the Developer of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City. The City shall record this agreement against the property or properties involved and it shall be binding on all subsequent owners of land served by the stormwater management treatment BMPs. The City- standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. This Agreement shall require that the BMPs not be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity. iii. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and /or repair work and to recover the costs from the owner. iv. All on -site stormwater management facilities shall be operated and maintained in good condition and promptly repaired /replaced by the property owner(s) or other legal entity approved by the City. v. Any repairs or restoration /replacement and maintenance shall be in accordance with City- approved plans. vi. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan. c. Stormwater BMP Inspections will be required for this project and shall adhere to the following: The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a knowledgeable third party. Unless otherwise required by the City Engineer or designee, stormwater facility inspections shall be done at least twice per year, once in Fall, in preparation for the wet season, and once in Winter. Written records shall RESOLUTION NO. 2017-11 12 be kept of all inspections and shall include, at minimum, the following information: 1) Site address, 2) Date and time of inspection; 3) Name of the person conducting the inspection; 4) List of stormwater facilities inspected; 5) Condition of each stormwater facility inspected; 6) Description of any needed maintenance or repairs; and 7) As applicable, the need for site re- inspection. d. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1St for the Fall report, and no later than March 15th of the following year for the Winter report. 21. COORDINATION WITH IMPROVEMENTS ON ADJACENT PROPERTIES: At Arch & Site permit phase, the Developer shall coordinate the project improvements with any proposed improvements on the adjacent properties to the north and south of the project site. Fire Department 1. Street Hydrants shall be spaced a minimum of every 300 ft. Hydrants shall flow a minimum of 2500 gpm with a 20 psi residual. Hydrant locations shall be approved by the Fire Marshal prior to final map on improvement plans. Note depending on building size and construction type a higher fire water flow may be required for development of a particular site. 2. Each lot shall have its own private fire main tap in the roadway. Each private main shall have a DDCA at the front of the property. Each DDCA shall have a street hydrant within 50 ft. Show on improvement plans. Street Hydrants and DDCA to meet City Standards and shall be shown on the improvement plans. 3. Roadways and driveways shall provide a minimum 20 feet of unobstructed travel for buildings 3 story or under, and 26 ft for over 3 stories. Turns shall provide an inside turning radius of 32 ft. and outside radius of 40 ft. No parking signage and curb painting shall be shown on improvement plans. 4. Dead end streets shall provide a full 80 foot diameter cul -de -sac with no parking or a 98 ft diameter with parking allowed. 5. Thresholds for additional fire access are as follows: a. When an individual building exceeds 3 stories in height or exceeds 62,000 sq. ft. in area, there shall be two separate access roadways to access the structure. RESOLUTION NO. 2017-11 13 b. Where a building complex exceeds 120,000 sq ft of total building area it shall be provided with two separate and approved access roadways to the complex. 6. Prior to demolition and development, a phase II environmental survey shall be done by an environmental professional to classify all piles of rubbish and debris and a site cleanup and debris removal plan be submitted to the Fire Marshal /Hazmat Program. A Site Cleanup shall be conducted in concert with demolition permits for structures. If any hazardous material or hazardous waste is found, a site characterization shall be performed under a voluntary site characterization /cleanup agreement with the Santa Clara County Department of Environmental Health Site Mitigation Program. RESOLUTION NO. 2017-11 14 EXHIBIT "B" Monterey Road Commercial Center Zone Change & Subdivision (Z 08 -01, TM 08 -01) Mitigation Monitoring Program INTRODUCTION CEQA Guidelines section 15097 requires public agencies to adopt reporting or monitoring programs when they approve projects subject to an environmental impact report or a negative declaration that includes mitigation measures to avoid significant adverse environmental effects. The reporting or monitoring program is to be designed to ensure compliance with conditions of project approval during project implementation in order to avoid significant adverse environmental effects. The law was passed in response to historic non - implementation of mitigation measures presented in environmental documents and subsequently adopted as conditions of project approval. In addition, monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures. A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measure's compliance. This monitoring program is designed to provide a mechanism to ensure that mitigation measures and subsequent conditions of project approval are implemented. MONITORING PROGRAM The basis for this monitoring program is the mitigation measures included in the project environmental impact report. These mitigation measures are designed to eliminate or reduce significant adverse environmental effects to less than significant levels. These mitigation measures become conditions of project approval, which the project proponent is required to complete during and after implementation of the proposed project. The attached checklist is proposed for monitoring the implementation of the mitigation measures. This monitoring checklist contains all appropriate mitigation measures in the environmental impact report. RESOLUTION NO. 2017 -11 15 MONITORING PROGRAM PROCEDURES The City of Gilroy will use the attached monitoring checklist for the proposed project. The monitoring program will be implemented as follows: 1. The Gilroy Community Development Department will be responsible for coordination of the monitoring program, including the monitoring checklist. The Community Development Department will be responsible for completing the monitoring checklist and distributing the checklist to the responsible individuals or agencies for their use in monitoring the mitigation measures. 2. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring checklist have been complied with. Once all mitigation measures have been complied with, the responsible individual or agency should submit a copy of the monitoring checklist to the Community Development Department to be placed in the project file. If the mitigation measure has not been complied with, the monitoring checklist should not be returned to the Community Development Department. 3. The Gilroy Community Development Department will review the checklist to ensure that appropriate mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with at the appropriate time, e.g. prior to issuance of a use permit, etc. Compliance with mitigation measures is required for project approvals. 4. If a responsible individual or agency determines that a non - compliance has occurred, a written notice should be delivered by certified mail to the project proponent within 10 days, with a copy to the Community Development Department, describing the non - compliance and requiring compliance within a specified period of time. If non - compliance still exists at the expiration of the specified period of time, construction may be halted and fines may be imposed at the discretion of the City of Gilroy. RESOLUTION NO. 2017 -11 16 MITIGATION MONITORING CHECKLIST Step 1 Prior to effective date of Zone Change application Z 08-01 the following mitigation measures shall be implemented: Mitigation Measure AG -1 The project applicant shall pay required fees and enter into an Agricultural Mitigation Agreement. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: Step 2 Prior to issuance of the first final map for the project the following mitigation measure shall be implemented: Mitigation Measure AG -2 The mitigation fee that is established pursuant to that certain agreement entitled "Agreement for Deferred Agricultural Mitigation by and between the City of Gilroy and Monterey Investment Group, LLC" as partial mitigation for the project's unavoidable significant effects on agricultural shall be paid to the City prior to issuance of the first final map for the project. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: Step 3 Prior to approval of Architectural and Site Review approval for each lot, the following mitigation measures shall be implemented: Mitigation Measure A-4 RESOLUTION NO. 2017 -11 17 The project applicant shall redesign the combined exterior retaining wall /fence height consistent with the City's zoning ordinance requirements for maximum permitted fence and retaining wall heights as set forth in Municipal Code Section 24.32. All proposed fencing and materials shall be included on the final Landscaping Plan consistent with the City's Landscaping Policy and Mitigation Measures A -1 and A -2. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Monitorinq Notes: Mitigation Measure N -1 The project developer(s) for Lot 1 and Lot 2 shall provide evidence demonstrating that proposed development is in compliance with the City's exterior noise thresholds for commercial or industrial uses, whichever type of development is planned for Lot 1 and /or Lot 2. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: Mitigation Measure CC -1 Prior to each Architectural and Site Approval for individual lots within the subdivision, the following greenhouse gas emissions reduction measures shall be incorporated in the site plan: a. pedestrian network that internally links all uses and connects to all existing /planned external streets and pedestrian facilities contiguous with the project site. Project design shall include a designated pedestrian route interconnecting all internal uses, site entrances, primary building entrances, public facilities, and adjacent uses to existing external pedestrian facilities and streets. This route shall have minimal conflict with parking and automobile circulation facilities. Streets within the project shall have sidewalks on both sides. All sidewalks adjacent to project site shall be a minimum of five feet wide. All sidewalks shall have vertical curbs. Pedestrian RESOLUTION NO. 2017 -11 25 Mitigation Measure T-4 A minimum of two emergency vehicle access points should be provided for the site. The site access design should be modified accordingly, subject to the review and approval of the City of Gilroy Engineering Division and Fire Marshall, to ensure that the site satisfies City of Gilroy requirements for emergency vehicle access. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Engineering Division Monitoring Notes: RESOLUTION NO. 2017-11 18 facilities and improvements shall include grade separation, wider sidewalks, and traffic calming features wherever feasible to minimize pedestrian barriers. All site entrances shall provide pedestrian access; b. one bike rack space per 20 vehicle /employee parking spaces; c. "end -of- trip" facilities (four clothes lockers and one shower for every 80 employee parking spaces, and separate facilities for each gender for projects with 160 or more employee parking spaces); d. site design and building placement shall not include barriers (such as walls, berms, landscaping, and slopes) to pedestrian access and interconnectivity; e. provide no more than the minimum amount of parking required by City ordinance; f. on -site parking facilities shall not be adjacent to street frontage; g. preferential parking space locations for electric vehicles (EV) and compressed natural gas (CNG) vehicles; h. solar water heaters; i. drought resistant native trees and trees with low emissions and high carbon sequestration potential. Evergreen trees on the north and west sides afford the best protection from the setting summer sun and cold winter winds. Additional considerations include the use of deciduous trees on the south side of buildings that will admit summer sun; evergreen plantings on the north side will slow cold winter winds; constructing a natural planted channel to funnel summer cooling breezes into the house. Bunch grass and low -water landscaping are encouraged; j. Energy Star - labeled roof materials; k. energy- reducing programmable thermostats that automatically adjust temperature settings; I. energy efficient appliances (e.g., Energy Star); m. energy- reducing shading mechanisms for windows, porch, patio and walkway overhangs; and n. energy- reducing day lighting systems (e.g., skylights, light shelves and interior transom windows). Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: RESOLUTION NO. 2017-11 19 Step 4 Prior to the approval of demolition, grading and building permits, the following mitigation measures shall be implemented: Mitigation Measure A -1 To preserve the appearance of the South Monterey Road gateway area, the applicants shall prepare a landscaping plan for the Monterey Road frontage consistent with the provisions of General Plan Implementation Action 1.H, prior to issuance of any building permit for development on Lot 1 and Lot 2 any parcel or lot fronting Monterey Road, for review and approval by the Planning Division. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: Mitigation Measure A -2 Future developers of Lot 1 and /or Lot 2 shall include landscaping plans and buildings designed consistent with the provisions of General Plan Implementation Action 1.H and shall be submitted to the Planning Division for design review prior to issuance of any building permit. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: Mitigation Measure AQ -3 For any building constructed prior to 1980, the developer shall consult with the BAAQMD Enforcement Division prior to commencing demolition to determine permit requirements. Removal of asbestos - containing building materials is subject to the limitations of District Regulation 11, Rule 2: Hazardous Materials; Asbestos Demolition, Renovation and Manufacturing. RESOLUTION NO. 2017 -11 20 Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: Mitigation Measure 13I0-1 The project applicant shall coordinate pre- construction surveys for nesting birds to be conducted by a qualified biologist within 30 days prior to tree removal, building demolition, grading and /or construction, if any of these activities occur during the nesting season (nesting typically occurs between February through mid - September). If nests are located during pre- construction surveys, a qualified biologist will establish a 250 -foot buffer around each nest for the duration of the breeding season (until such time as the young are fully fledged) to prevent nest harassment and brood mortality. Work may proceed prior to mid - September only if a qualified biologist conducts nest checks and establishes that the young are fully fledged. Every effort shall be made to avoid removal or impact to known nests within project boundaries. If the removal of trees known to support nests cannot be avoided, removal of these trees will only occur outside of the nesting season (mid- September through January). A report documenting the results of the surveys and plan for avoidance (if needed) will be submitted to the City of Gilroy Planning Division for review prior to the initiation of ground disturbance. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: Mitigation Measure HWQ -1 The applicant and future developers of individual lots shall comply with all City of Gilroy and Regional Water Quality Control Board requirements for the proper treatment and retention /detention of storm water. Compliance with these requirements shall be confirmed prior to issuance of a grading permit. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Engineering Division RESOLUTION NO. 2017 -11 21 Monitoring Notes: Step 5 During grading and construction, the following mitigation measures shall be implemented: Mitigation Measure AQ -1 The following measures shall be implemented at the site during construction activities: 1. Water all active construction areas at least twice daily; 2. Cover all trucks hauling soil, sand, and other loose materials or require trucks to maintain at least two feet of freeboard; 3. Pave, apply water three times daily, or apply (non- toxic) soil stabilizers no all unpaved access roads, parking areas, and staging areas at construction sites; 4. Sweep daily (with water sweeper) all paved access roads, parking areas, and staging areas at construction sites; and 5. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. 6. If the Cherry Orchard Ranch project is approved and residences are occupied prior to the onset of construction at the Monterey Road Commercial Center project site, suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 mph or visible clouds affect sensitive receptors. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Engineering Division Monitoring Notes: Mitigation Measure AQ -2 The following measures shall be implemented during construction: 1. The idling time of all construction equipment shall not exceed five minutes; 2. Limits the hours of operation of heavy duty equipment and /or the amount of equipment in use; RESOLUTION NO. 2017-11 22 3. All equipment shall be properly tuned and maintained in accordance with the manufacturer's specifications; 4. When feasible, alternative fueled or electrical construction equipment shall be used at the project site; 5. Use the minimum practical engine size for construction equipment; and 6. Gasoline - powered equipment shall be equipped with catalytic converters, where feasible. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Engineering Division Monitoring Notes: Mitigation Measure CRA Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included on any permits issued for the project site, subject to the review and approval of the Gilroy Planning Division (pursuant to Gilroy General Plan Policy 5.07): If archaeological resources are discovered during construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: Mitigation Measure CR -2 In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that the language is included in all permits in accordance with CEQA Guidelines section 15064.5(e), subject to the review and approval of the City of Gilroy Planning Division: RESOLUTION NO. 2017-11 23 If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent MILD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: Step 6 Prior to the issuance of occupancy permits, the following mitigation measures shall be implemented: Mitigation Measure T -1 The applicant shall construct either an additional westbound left -turn lane or an additional northbound left -turn lane at the intersection of Monterey Road and Luchessa Avenue. Based on the land use mix contained in the project description from the EIR and traffic study (50% commercial, 40% industrial, 10% office), the project will be required to install the recommended Monterey / Luchessa intersection improvements upon completion of RESOLUTION NO. 2017-11 24 the entire amount of industrial (40% of the site) and office (10% of the site) development and the first 30,000 square feet of commercial uses. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Engineering Division Monitoring Notes: Mitigation Measure T -2 The applicant shall widen Monterey Road at the project driveway to accommodate a southbound left -turn lane into the project site to provide for safe and efficient left -turn access into the site. The southbound left -turn pocket should be a minimum of 325 feet long to accommodate the expected maximum vehicle queues. Separate outbound left - and right -turn lanes should be provided on the project driveway approach at Monterey Road. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Engineering Division Monitoring Notes: Mitigation Measure T -3 For the intersection of Monterey Road and Project Driveway, the project's cumulative impact would be mitigated by installing a traffic signal at this intersection, providing a separate southbound left -turn lane, and providing separate westbound right- and left - turn lanes. The southbound left -turn pocket should be a minimum of 325 feet long to accommodate expected maximum vehicle queues. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Engineering Division Monitoring Notes: RESOLUTION NO. 2017-11 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2017 -11 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 20`h day of March, 2017, 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 21s` day of March, 2017. Freels, MMC `" rk of the City of Gilroy (Seal)