Resolution No. 2021-13 | Conditional Use Permit 20-02 Project Garlic Industrial Subdivision Planned Unit Development GPA 20-01, Z 20-07, TM 20-07, and AS 20-21 | Adopted 10/21/2021RESOLUTION NO. 2021-13
A RESOLUTION OF THE PLANNING COMMISSION TO ADOPT A
MITIGATED NEGATIVE DECLARATION (SCH# 2021070525) AND
MITIGATION MONITORING AND REPORTING PROGRAM FOR THE
PURPOSES OF APPROVING CUP 20-02 FOR THE PROJECT GARLIC
INDUSTRIAL SUBDIVISION PLANNED UNIT DEVELOPMENT PROJECT
AND RELATED APPLICATIONS GPA 20-01, Z 20-07, TM 20-07 AND AS
20-21 FILED BY STEVE BEAUCHAMP, PANATTTONI DEVELOPMENT
COMPANY.
WHEREAS, applications filed by Panattoni Development Company, with the consent of
the property owner, John B,. Machado, were received on October 21, 2020 and accepted as
complete May 6, 2021, requesting a planned development zoning amendment, general plan
amendment, architectural and site review, conditional use permit and tentative map for 59.7 acres
of property located APN 841-18-082 (east of Renz Lane, south of the West Branch of Llagas
Creek, north of Highway 152 and east of Camino Arroyo);
WHEREAS, an Initial Study/Mitigated Negative Declaration (SCH #2021070525) was
prepared for the project in full accordance with the procedural and substantive requirements of
the California Environmental Quality Act (CEQA), and circulated for public review for 30 days;
and
WHEREAS, environmental mitigation measures were agreed to by the applicant as
contained in a draft mitigated negative declaration (MND) environmental document prepared for
the project, and in compliance with the requirements of CEQA the MND was published, noticed
and circulated for a 30-day public review period from July 30, 2021 through August 30, 2021;
and
WHEREAS, responses to comments received on the MND environmental document were
prepared and provided to the Planning Commission for consideration with the draft MND and
project entitlements, resulting in no substantial changes to the analysis, conclusions and
determinations of the environmental document; and
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RESOLUTION NO. 2021-13
WHEREAS, on October 21, 2021, the Planning Commission held a duly noticed public
hearing at which time the Planning Commission received and considered the MND
environmental document prepared for the project, together with the zone change request and
related entitlements, the staff report, and all evidence received including written and oral public
testimony related to the MND and project; and
WHEREAS, the Planning Commission hereby makes the following findings, adopting
the mitigated negative declaration for the Project:
1. Prior to taking action and approving the project the Planning Commission has
independently reviewed and considered the initial study/negative declaration and
other information in the record.
2. As documented in the staff report and project record, the initial study/mitigated
negative declaration has been prepared in compliance with the California
Environmental Quality Act (CEQA) and consistent with the state and local guidelines
and thresholds of significance.
3. The initial study/mitigated negative declaration represents the independent judgment
and analysis of the City as lead agency for the project.
4. Incorporation of the mitigation measures identified in the Mitigated Negative
Declaration prepared for the project would or mitigate the effects to a point where
clearly no significant effect on the environmental would occur, and a Mitigation
Monitoring and Reporting Program has been prepared for incorporate with the project
entitlements.
5. There is no substantial evidence in light of the whole record before the Planning
Commission that the project, as proposed together with project conditions and
mitigation measures, may have a significant effect on the environment; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which the project approval is based is the Community
Development Department, Planning Division.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Gilroy hereby adopts the Mitigated Negative Declaration (SCH #2021070525), inclusive of the
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RESOLUTION NO. 2021-13
Mitigation Monitoring and Reporting Program which is attached as Exhibit A hereto, as the
environmental review document for the project.
PASSED AND ADOPTED this 21st day of October 2021, by the following roll call vote:
AYES: Bhandal, Doyle, Lewis, Ridley, Fischer
NOES: None
ABSTAIN: E11e
ABSENT: Jezabel-Moreno,
ATTEST: APPROVED:
T�scflh-(Jan 20, 2022 11:07 PST)
Karen L Garner, Director Tom Fischer, Chairperson
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RESOLUTION NO. 2021-13
Exhibit A — Project Garlic Industrial Subdivision Mitigation Monitoring and Reporting Program
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RESOLUTION NO. 2021-13
PROJECT GARLIC INDUSTRIAL SUBDIVISION MITIGATION
MONITORING AND REPORTING 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
This monitoring program is applicable to the Project Garlic Industrial Subdivision based on
the mitigation measures included in the adopted mitigated negative declaration. 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 intended for monitoring
the implementation of the adopted mitigation measures.
Monitoring Program Procedures
The City of Gilroy shall use the attached monitoring checklist for the proposed project. The
monitoring program should be implemented as follows:
1. The Gilroy Community Development Department should be responsible for
coordination of the monitoring program, including the monitoring checklist. The
Community Development Department should 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.
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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.
Mitigation Monitoring Checklist
Step 1 Prior to Issuance of Grading Permits or Start of Construction Activities and
During Construction Where Noted
Mitigation Measure
BIO-1 To avoid/minimize impacts to burrowing owls potentially occurring within the
project site, the project applicant shall retain a biologist qualified in ornithology to
conduct surveys for burrowing owl. The approved biologist shall conduct a two -
visit (i.e., morning and evening) presence/absence survey at areas of suitable
habitat on and adjacent to the project site boundary no less than 14 days prior to
the start of construction or ground disturbance activities. Surveys shall be
conducted according to methods described in the Burrowing Owl Survey
Protocol and Mitigation Guidelines (California Burrowing Owl Consortium 1993)
and the Staff Report on Burrowing Owl Mitigation (CDFW 2012). The applicant
shall submit evidence of completion of the preconstruction survey to the City of
Gilroy Planning Department prior to issuance of a grading permit. Because
burrowing owls occupy habitat year-round, seasonal no -disturbance buffers, as
outlined in the Burrowing Owl Survey Protocol and Mitigation Guidelines
(CBOC 1993) and the Staff Report on Burrowing Owl Mitigation (CDFW 2012),
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shall be in place around occupied habitat prior to and during any ground
disturbance activities. The following table includes buffer areas based on the time
of year and level of disturbance (CDFW 2012), unless a qualified biologist
approved by the CDFW verifies through non-invasive measures that either: 1)
birds have not begun egg laying and incubation; or 2) that juveniles from the
occupied burrows are foraging independently and are capable of independent
survival.
Location
Time of Year
Level of Disturbance Buffers (meters)
Low
Med
High
Nesting Sites
April 1 — Aug 15
200 m
500 m
500 m
Nesting Sites
Aug 16 — Oct 15
200 m
200 m
500 m
Nesting Sites
Oct 16 — Mar 31
50 m
100 m
500 m
If burrowing owl is found and avoidance is not possible, burrow exclusion may
be conducted by qualified biologists only during the non -breeding season, before
breeding behavior is exhibited and after the burrow is confirmed empty through
non-invasive methods, such as surveillance. Occupied burrows shall be replaced
with artificial burrows at a ratio of one collapsed burrow to one constructed
artificial burrow (1:1). Evicted burrowing owls may attempt to colonize or re -
colonize an area that would be impacted, thus ongoing surveillance during
project activities shall be conducted at a rate sufficient to detect burrowing owls if
they return.
If surveys locate occupied burrows in or near construction areas, consultation
with the CDFW shall occur to interpret survey results and develop a project -
specific avoidance and minimization approach.
Party Responsible for Implementation: Project Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Monitoring Notes:
Mitigation Measure
BIO-2 To avoid impacts to nesting birds during the nesting season (January 15 through
September 15), to the extent feasible, construction activities that include any
vegetation removal or ground disturbance (such as grading or grubbing) shall be
conducted between September 16 and January 14, which is outside of the bird
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nesting season. If construction activities commence during the bird nesting
season, then a qualified biologist shall conduct a pre -construction survey for
nesting birds to ensure that no nests would be disturbed during project
construction.
If construction activities are scheduled during the nesting season (February 15 to
August 30 for small bird species such as passerines; January 15 to September 15
for owls; and February 15 to September 15 for other raptors), a qualified biologist
shall conduct nesting bird surveys. Two surveys for active nests of such birds
shall occur within 10 days prior to start of construction, with the second survey
conducted with 48 hours prior to start of construction. Appropriate minimum
survey radius surrounding the work area is typically 250 feet for passerines, 500
feet for smaller raptors, and 1,000 feet for larger raptors. Surveys shall be
conducted at the appropriate times of day to observe nesting activities.
If the qualified biologist documents active nests within the project site or in
nearby surrounding areas, an appropriate buffer between each nest and active
construction shall be established. The buffer shall be clearly marked and
maintained until the young have fledged and are foraging independently. Prior to
construction, the qualified biologist shall conduct baseline monitoring of each
nest to characterize "normal" bird behavior and establish a buffer distance, which
allows the birds to exhibit normal behavior. The qualified biologist shall monitor
the nesting birds daily, or as otherwise required by the California Department of
Fish and Wildlife, during construction activities and increase the buffer if birds
show signs of unusual or distressed behavior (e.g., defensive flights and
vocalizations, standing up from a brooding position, and/or flying away from the
nest). If buffer establishment is not possible, the qualified biologist or construction
foreman shall have the authority to cease all construction work in the area until
the young have fledged and the nest is no longer active. This measure shall be
implemented by the developer prior to start of construction activities.
Party Responsible for Implementation: Project Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Monitoring Notes:
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Mitigation Measure
BIO-3 Based on the current proposed plans, if the aquatic features shown in the
Biological Resources Report and Aquatic Resource Delineation Report (Huffman -
Broadway Group, Inc. 2020a, 2020b) are considered jurisdictional by the CDFW
and/or RWQCB, the project may require one or more regulatory permits. To
determine whether the drainage is considered jurisdictional, the applicant shall
retain a qualified biologist/wetland regulatory specialist to initiate discussions
with the RWQCB and CDFW for this purpose.
If impacts to a feature subject to state jurisdiction may occur, fill authorization
will be sought from the RWQCB and/or the CDFW if determined necessary
through the regulatory agency consultation process.
Party Responsible for Implementation: Project Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Monitoring Notes:
Mitigation Measure
GEO-1 Prior to issuance of a grading permit, the Developer shall incorporate all of the
geotechnical engineer's recommendations into the project design, subject to
review and approval by the City's Public Works Department.
Party Responsible for Implementation: Project Developer
Party Responsible for Monitoring: Gilroy Public Works Department
Monitoring Notes:
Mitigation Measure
GEO-2 The developer shall prepare an erosion control plan that details appropriate
methods to prevent and/or minimize erosion. The erosion control plan is subject
to the review and approval of the City of Gilroy Public Works Department prior
to the issuance of a grading permit.
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In addition to the mitigation above, the proposed project would be required to
comply with the General Plan Policy PH 2.6 with its Preliminary Grading and
Drainage Plan, which requires all new development proposals to include a site
plan detailing appropriate methods of erosion and deposition control during site
development and subsequent use; and General Plan Policy PH 3.6, which requires
new development to include landscaped areas for reducing runoff and increasing
runoff absorption capacities and encourages the use of permeable paving
materials, which would minimize the erosive effects of storm water (refer to
Sheets C300, C600, and L100 illustrating the drainage management and
landscaped areas proposed on the site).
Party Responsible for Implementation: Project Developer
Party Responsible for Monitoring: Gilroy Public Works Department
Monitoring Notes:
Mitigation Measure
GEO-3 Pursuant to the Geotechnical Engineering Study prepared by Condor Earth on
July 8, 2020 for the project, the following recommendation shall be implemented
in order to reduce impacts related to the potential for expansive soils onsite:
The foundation should extend below much of the zone of seasonal moisture
variation or be constructed sufficiently stiff to move as rigid units with
differential movement of foundations from heaving or settlement reduced to a
value compatible with the proposed superstructure type and architectural
finishes. The project structural engineer should take this into account when
designing the foundations. Provided that the site is graded and all building pads
are prepared in accordance with the recommendations provided in the
geotechnical study, the conventional shallow foundation system would be
appropriate for the proposed building foundations.
This recommendation shall be implemented prior to issuance of a grading permit
subject to the review and approval by the City of Gilroy Public Works
Department.
Party Responsible for Implementation: Project Developer
Party Responsible for Monitoring:
Monitoring Notes:
Gilroy Public Works Department
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Mitigation Measure
HYDRO-1 The project proponent shall prepare and submit Erosion Control Plans to the City
of Public Works Department prior to the issuance of a grading permit. The
Erosion Control Plans shall illustrate how the project's grading phases would
prevent or minimize erosion and siltation on- and off -site, such as the inclusion of
Best Management Practices.
Party Responsible for Implementation: Project Developer
Party Responsible for Monitoring:
Monitoring Notes:
Gilroy Public Works Department
Mitigation Measure
HYDRO-2 The project proponent shall prepare and submit a Storm Water Pollution
Prevention Plan for review and approval by the City of Gilroy Public Works
Department prior to issuance of a grading permit. The Storm Water Pollution
Prevention Plan shall identify construction and post -construction Best
Management Practices to prevent water pollution at the source.
Party Responsible for Implementation: Project Developer
Party Responsible for Monitoring: Gilroy Public Works Department
Monitoring Notes:
After the proposed MND was sent out for public review, City staff received an email from
Kanyon Sayers -Roods, a consultant/tribal monitor on behalf of the Indian Canyon Band of
Costanoan Ohlone People. The email was in response to the City's offer of consultation
pursuant to SB18 and AB52. The consultation process was subsequently conducted and
completed. No new impacts or potential impacts were identified during the consultation
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process; however, the following mitigation measures were agreed to among the parties.
These mitigation measures are in addition to the City's standard conditions of approval
addressing the unexpected discovery of historic resources, unique archaeological resources,
and Native A rican remains.
Mitigation Measure
TC-1
TC-2
The applicant shall contract with a qualified Archaeologist or Native A rican
Monitor to conduct Cultural Sensitivity Training prior to the start of grading and
construction activities. The applicant shall provide evidence that the training has
been conducted, prior to issuance of a grading permit, subject to review and
approval by the Planning Division.
The applicant shall contract with a qualified Archaeologist and a qualified Native
A rican Monitor to be present on the project site during ground disturbing
activities, which will assist in minimizing potential effects on potential cultural
resources and ensure inadvertent impacts are mitigated. The applicant shall
provide evidence that the qualified Archaeologist and qualified Native A rican
Monitor will be onsite during ground disturbing activities, prior to issuance of a
grading permit and subject to review and approval by the Planning Division.
The Archaeologist and Native A rican Monitor shall prepare weekly reports
regarding the monitoring activities until ground disturbing activities have been
completed. If tribal resources are discovered during these activities, all work shall
be halted within at least 50 meters (165 feet) of the find and the area shall be
staked off immediately. The Archaeologist and Native A rican Monitor shall
evaluate the find. If the find is determined to be significant, appropriate
mitigation measures shall be formulated by the Archaeologist and Native
A rican Monitor and implemented by the responsible party.
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Step 2 Prior to Issuance of Building Permits
Mitigation Measure
AQ-1 Prior to issuance of building permits, subject to review and approval by the City
Planning Division, the applicant shall provide to the city details of a proposed
vehicle reduction program for future employees of the project utilizing the Bay
Area Commuter Benefits Program, 511.org rideshare program, or other local
commuter benefits program.
Party Responsible for Implementation: Project Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Monitoring Notes:
Mitigation Measure
AQ-2 Prior to issuance of building permits, subject to review and approval by the City
Planning Division, the applicant for any phase shall include on the project plans
the number of electric vehicle (EV) charging stations, dedicated vanpool and
other high -occupancy vehicle (HOV) carpool spaces, bike racks, changing rooms
and/or lockers on site, which would facilitate the use of ride -sharing and bicycles.
Implementation of these measures ensures that the proposed project, as
mitigated, is consistent with the 2017 Clean Air Plan. The proposed project,
therefore, does not have aspects that would interfere with or hinder
implementation of the 2017 Clean Air Plan. Plan consistency related to GHG
emissions is discussed in Section D.7, Greenhouse Gas Emissions, of this initial
study.
Party Responsible for Implementation: Project Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Monitoring Notes:
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Mitigation Measure
GHG-1 If the City of Gilroy has adopted a qualified GHG reduction strategy prior to the
time building permits are issued for the project, the applicant shall have the
option to incorporate applicable GHG reduction measures identified in the GHG
reduction strategy into the proposed project. Applicable measures from the
reduction strategy shall be confirmed by the City of Gilroy. If the Planning
Division finds that the project is consistent with the GHG reduction strategy, the
significant project GHG impact would be reduced to less than significant and no
further mitigation would be required.
If City has not adopted a qualified GHG reduction strategy prior to the time
building permits are issued for the project, the applicant shall implement
mitigation measure GHG-2.
Party Responsible for Implementation: Project Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Monitoring Notes:
Mitigation Measure
GHG-2
Prior to issuance of building permits for the project proposed the applicant shall
prepare a Greenhouse Gas (GHG) Reduction Plan. The GHG Reduction Plan shall
demonstrate, with substantial evidence, that GHG emissions will be reduced to
the year 2022 service population threshold of significance of 4.32 MT CO2e per
year per service population. This would require that the unmitigated project
emissions of 3,173 MT CO2e per year be reduced by 884 MT CO2e per year [3,173
MT CO2e — (4.32 MT CO2e x 530 service population)] to 2,289 MT CO2e.
The GHG Reduction Plan shall prioritize on -site GHG reduction design features.
At a minimum, the Reduction Plan should include the GHG reduction measures
listed below. Other feasible reduction measures may be substituted for the
measures listed below provided that the City of Gilroy Planning Division
Manager finds, based on substantial evidence provided by the applicant, that the
substitute measures achieve an equal or greater volume of emissions reduction.
Additional measures may be added by the applicant. A combination of the
following measures can be included in the Reduction Plan:
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■ Implement the Transportation Demand Management Program strategies
identified in mitigation measure TR-1 in this initial study to reduce VMT and
associated mobile source GH emissions from employee travel.
■ Include sufficient plug-in capabilities for transport refrigeration units, if any,
to eliminate the time that a transportation refrigeration system is powered by
a fossil -fueled internal combustion engine while at the site.
■ Exceed minimum CALGreen Code standards for bicycle parking and bicycle
lockers; parking spaces dedicated for low -emitting, fuel efficient vehicles; and
electric vehicle charging stations.
■ Design buildings to exceed the current 2019 Title 24 energy efficiency
standards by a minimum of five percent.
■ All appliances installed in all buildings shall be Energy Star rated.
■ Exceed higher than mandated parking lot lighting and area lighting energy
efficient standards.
■ Electrify truck loading docks.
In lieu of or in addition to one or more of the on -site measures above, the
applicant may include in the Reduction Plan and take credit for GH reductions
resulting from making direct investments in off -site GH reduction
activities/programs in the vicinity. Examples of direct investments include
building retrofit programs that pay for cool roofs, solar panels, solar water
heaters, smart meters, energy efficient lighting energy efficient windows, and
insulation. Other examples include financing programs for installing electric
vehicle charging stations, electrifying school buses, or planting local urban
forests.
The applicant may choose to retain a qualified air quality / GH professional to
quantify the GH reductions that would result from implementing the Reduction
Plan based on substantial evidence to be included in the Reduction Plan. The
GH reduction measures should be implemented even if their implementation
would result in a GH reduction, but the reduction cannot be reliably quantified.
The GH emissions reduction volume resulting from implementing the
Reduction Plan measures may then be subtracted from the required 884 MT CO2e
per year reduction volume in order to reduce or avoid the significant GH
impact.
If the applicant elects to quantify the GH emissions reductions from on -site
measures and investments in off -site reduction programs and the reductions are
insufficient to reduce project emissions by a minimum of 884 MT CO2e per year
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or more, the applicant may then secure the balance of the required GHG
emissions reduction volume by purchasing and retiring carbon offset credits. The
carbon offset credits shall meet the following performance standards:
■ Carbon offset credits shall be issued by a recognized, reputable and
accredited registry that mandates the use of established protocols for
quantifying and issuing the offset credits. Credits issued based on protocols
approved by CARB should be prioritized. Examples of such registries
include the Climate Action Reserve, American Carbon Registry, and Vierra.
■ The carbon offset credits should be generated from projects developed in the
United States. Credits from projects developed internationally should not be
used unless the applicant demonstrates with substantial evidence that
sufficient carbon offsets from projects in the United States are unavailable.
International offsets must be quantified and issued using established
protocols that are recognized in the United States and that are issued by
recognized, reputable and accredited registries.
• All carbon offset credits purchased to reduce GHG emissions, must meet the
criteria of being real, quantifiable, permanent, verifiable, enforceable, and
additional, consistent with the standards set forth in Health and Safety Code
section 38562, subdivisions (d)(1) and (d)(2).
Prior to issuing building permits for the proposed project, the applicant shall submit
the GHG Reduction Plan for review and approval of the City of Gilroy Planning Division
Manager. The Reduction Plan shall demonstrate that GHG emissions from the project will be
substantially reduced. If on -site design and off -site program investments do not result in
reducing the GHG impact to less than significant, the applicant shall, prior to approval of
occupancy permits, provide documentation in the form of an executed contract or other
certification that the balance of emissions reduction required to reduce the GHG impact to
less than significant has been obtained through purchase of carbon offset credits, subject to
the performance standards listed above.
Party Responsible for Implementation: Project Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Monitoring Notes:
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Step 3 Prior to Issuance of an Occupancy Permit
Mitigation Measure
TR-1 The applicant shall prepare and implement a Transportation Demand
Management (TDM) program to reduce the project's VMT impact to a less -than -
significant level. The TDM measures shall include, but not be limited to, any
combination of the following components, as necessary to which would reduce
the project's VMT impact to less than significant (i.e., below the established
impact threshold of 17.12 miles per job):
a. Telecommuting and Alternative Work Schedule Program (VTA TP08). This
program (compressed work week) allows and encourages employees to
telecommute from home when possible, or to shift work schedules to reduce
vehicle miles traveled.
i. 80% of employees shall be assigned a four day/40-hour work shift.
b. Ridesharing Program and Commuter Benefits (VTA TP11, TP13). This
program matches employees interested in carpooling who have similar
commute patterns. This TDM strategy encourages the use of carpooling,
which reduces the number of vehicle trips and thereby reduces VMT.
i. Employers shall strive to have 20 percent of eligible employees
participate in this program through regular communications and
incentives.
ii. Incentives shall include, but not be limited to, pre-tax benefits.
iii. The applicant shall provide dedicated carpool/vanpool parking spaces
commensurate with the number of employees participating in this
program.
iv. Employers shall provide "Guaranteed Ride Home Services," which
provides employees who regularly (twice a week) carpool, vanpool,
bike, walk or take transit to work with a free and reliable ride home
when one of life's unexpected emergencies arise. Commuters may take
advantage of this service up to four times per year to get home for
unexpected emergencies such as a personal illness or a sick child. This
service can also be used for unscheduled overtime when the employer
mandates working late.
c. Provide transit passes to employees interested in public transit.
i. Transit passes shall off -set at least 25 percent in the participating
employees' transit costs from home to work and back.
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d. The applicant shall provide a minimum of 10 bike racks (in a secure area)
each, for both the phases of the project.
The TDM program shall be prepared prior to issuance of an occupancy permit,
subject to review and approval by the Planning Division and the Public Works
Department. The applicant may suggest substitutions to these measures that are
equally or more effective than the presented measures. The Director of Planning
is authorized to allow an amendment (but is not required to allow such
amendment) to the TDM program upon making written findings, supported by
substantial evidence, that the substituted measure or measures are as effective as
those in the adopted TDM plan and that the amended TDM plan will result in
meeting the above -referenced threshold (17.12 miles per job) for reducing VMT
from the proposed project to a less -than -significant level.
End users of the project shall submit annual monitoring reports to demonstrate
effectiveness.
Party Responsible for Implementation: Project Applicant and End Users
Party Responsible for Monitoring:
Department
Monitoring Notes:
Gilroy Planning Division and Public Works
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