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.
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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
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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
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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.
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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
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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.
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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).
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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.
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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
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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.
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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.
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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)