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Resolution No. 2021-16 | Architectural and Site Review 20-21 Project Garlic Industrial Subdivision Planned Unit Development | Adopted 10/21/2021RESOLUTION NO. 2021-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN ARCHITECTURAL AND SITE REVIEW PERMIT FOR THE PROJECT GARLIC INDUSTRIAL SUBDIVISION PLANNED UNIT DEVELOPMENT PROJECT ON PROPERTY LOCATED ON THAT CERTAIN 59.7 ACRE PARCEL AT THE EAST END OF RENZ LANE, EAST OF CAMINO ARROYO BETWEEN W BRANCH LLAGAS CREEK AND NORTH OF SR 152, 841-18-082. FILE NUMBER AS 20-21. 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 to establish C3/M2 standards, general plan amendment to amend the mobility element, architectural and site review for site development and planned unit development permit, conditional use permit for a distribution facility use on Lot 2, and tentative map to create three separate lots for the 59.7 acre 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 recommended for adoption as the project environmental document by separate resolution; and 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 architectural and site review adn zone change requests and related entitlements, the staff report, and all evidence received including written and oral public testimony related to the MND and project entitlements including AS 20-21. NOW, THEREFORE, BE IT RESOLVED, that pursuant to Article L, Planning department Applications, the Planning Commission of the City of Gilroy hereby find as follows: 1) The project as proposed and conditioned has been analyzed and confirmed to comply with Section 30.50.43 scope of review criteria. 2) The project as proposed and conditioned complies with the C3M2PUD zoning standards adopted for the project as Z 20-07 and implemented by permit AS 20-21. 3) The commercial land use is allowed within the General Industrial land use designation. 4) The findings required pursuant to section 30.50.50 for approval of a planned unit development approval are met as follows: a. The project conforms to the Gilroy general plan in terms of general location and standards of development given that the project consists of a C3/M2PUD development which is anticipated for the site based on the existing PUD zoning 1 designation established for the property upon annexation into the City, and the General Industrial land use designation. b. The project provides the type of development which will fill a specific need of the surrounding area as it will result in a planned commercial and industrial development with high quality landscaping details, public art, internal and external pedestrian connectivity, expanded warehousing opportunities for businesses, and new employment opportunities, which are all encouraged by the general plan. c. The project will not require urban services beyond those which are currently available, as the City has infrastructure available to serve the development as anticipated by the General Plan and the project shall be designed to comply with City standards. d. The project will provide a harmonious, integrated plan with adequate access and circulation provided for in the proposal, and no exceptions are being requested from the base C3 and M2 development standards. e. The project reflects an economical and efficient pattern of land uses in that the site will be fully developed with adequate parking and circulation to accommodate all of the intended uses, as well as providing for pedestrian enhancements. f. The project includes greater provisions for landscaping and open space than would generally be required by providing fully landscaped frontage, landscaping along the future commercial parcel frontage with a new entry feature, landscaping of all space not designated for facility operations or structures, and with pedestrian and bicycle path improvements. g. The project utilizes site design would adequately blend with the character of surrounding areas by providing large building setbacks and landscaping features along SR 152 and preserving the prominent corner at Camino Arroyo and SR 152 for commercial use. h. The project would not create traffic congestion, noise, odor, or other adverse effects on surrounding areas, as detailed in the environmental document prepared for the project. i. The project will provide adequate access, parking, landscaping, trash areas and storage, as necessary, as indicated on project development plans. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Gilroy hereby recommends to the City Council approval of AS 20-21, subject to the conditions Attachment A and Mitigation Monitoring and Reporting Program Attachment B. -2- RESOLUTION NO. 21-16 PASSED AND ADOPTED this 21st day of October 2021, by the following roll call vote: AYES: Bhandal, Doyle, Lewis, Ridley, Fischer NOES: None ABSTAIN: Elle ABSENT: Jezabel-Moreno, ATTEST: APPROVED: T Tom Fischer (Ian 20, 202211:03 PST) Karen L. Garner, Director Tom Fischer, Chairperson -3- RESOLUTION NO. 21-16 ATTACHMENT A CONDITIONS OF APPROVAL AS 20-21 PLANNING CONDITIONS The following GENERAL conditions authorize specific terms of the project ENTITLEMENT(S). 1. APPROVED PROJECT: The approval for Project Garlic Industrials Subdivision AS 20-21 is granted to construct a warehouse distribution facility (Phase 1) and warehouse (Phase 2) and all site and landscape improvements for the project (Phase 1 through 3) located on Assessor Parcel No. 841-18-082, as shown on the following Project Plans: A. Site Plan for Panattoni by Ware Malcomb dated 01.06.2021, Sheet 1 B. Preliminary Grading and Drainage Plan for Project Gilroy by Kimley Horn dated 01/12/2021, Sheet C300. C. Architectural Drawings for Project Gilroy by Ware Malcomb dated 4/21/2021, Sheets A0.0 through A 6.1 (20 pages) D. Elevations for Project Gilroy by Ware Malcomb, dated 4/20/2021, Sheets A2.11, A2.12 and A 6.1 revised 2021-01-13 (for the Phase 1 Building) E. Elevations for Phase 2: Spec Warehouse by Ware Malcomb dated 10.12.2020 Sheets 2 through 5. F. Civil and Landscape Plans for Project Gilroy by Kimley Horn dated 04/21/2021, Sheets C000 through C800 (13 pages) G. Landscaping Plan, Project Garlic by Kimley Horn, dated 04/21/2021, Sheets L100 through L102 (4 pages) H. Tentative Parcel Map XX-XX for Project Garlic by Kimley Horn, dated 04/21/2021, Sheets TM01 through TM08. I. Phasing Plan for Project Garlic by Kimley Horn dated 19 Oct 2020, Sheet C101. J. Sign Details for Project Gilroy by Ware Malcomb dated 10/15/2020 Sheets A0.5 and A0.6. K. Photometric Plan for Project Garlic by Ware Malcomb dated 12 Jan 2021, Sheets E1.1a through E1.1F. L. Project Garlic Lighting Details by Lithonia Lighting dated 11.16.20 (8 pages) 2. APPROVED PLANS: Build -out of the project shall conform to the plans, except as otherwise specified in these conditions. This shall include provision of Frontage landscaping and fencing that would be in keeping with the McCarthy Business Park located across Highway 152, as a feature of the planned unit development; as shown on the Landscaping Plan, Project Garlic by Kimley Horn, dated 04/21/2021, Sheets L100 through L102 (4 pages). -4- RESOLUTION NO. 21-16 Any future adjustment or modification to the plans, including any changes made at time of building permit submittal, shall be considered by the Community Development Director or designee to ensure compliance with the PUD zoning and all applicable requirements. 3. APPLICABILITY OF PERMIT: The use of the property shall be operated in compliance with the scope and characteristics of the project, and as conditioned herein. Modification of the approved use may require an amendment to this Permit and/or related entitlements and in accordance with applicable City code requirements. 4. PERMIT EXPIRATION: The expiration date of this approval is two years from the decision date, consistent with the concurrent tentative parcel map approval. If any development for which the architectural and site approval has been granted has not obtained building permits within two years from the date of notification of approval, or within one year from the date of recordation of the final map, the approval shall be deemed automatically revoked. Upon application, an extension of time may be granted by the Community Development Director or designee. Should the Developer intend to request an extension to the permit expiration date, Developer must submit to the Planning Division a written application with applicable fees prior to the expiration date. Only timely requests may be considered pursuant to the City Code. If, however, litigation is filed challenging the City's approval of any of the project's entitlements, the time period to exercise each entitlement shall be stayed for the duration of the litigation. 5. RELATED ENTITLEMENTS: This permit is subject to the effective date of the related zone change request Z20-07, and the findings conditions of approval, and mitigation measures of TM 20-07 and CUP 20-02, (i.e. related and/or concurrent entitlement requests). 6. COMPLIANCE WITH CONDITIONS: If Developer, owner or tenant fails to comply with any of the conditions of this permit, the Developer, owner or tenant shall be subject to permit revocation or enforcement actions pursuant to the City Code. All costs associated with any such actions shall be the responsibility of Developer, owner or tenant. 7. INDEMNIFICATION: Developer agrees, as a condition of permit approval, at Developer's own expense, to defend, indemnify, and hold harmless the City of Gilroy ("the City") and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), action(s) or proceeding(s) brought against the City or its officers, contractors, consultants, attorneys, employees, or agents to challenge, attack, set aside, void or annul the approval of this resolution or any condition attached thereto or any proceedings, acts or determinations taken, including actions taken under the California Environmental Quality Act of 1970, as -5- RESOLUTION NO. 21-16 amended, done or made prior to the approval of such resolution that were part of the approval process. 8. BUILDING AND SITE SIGNS: No signs are approved as part of this application. Prior to issuance of a sign permit for this site, Developer shall propose well - designed, quality signs that comply with the allowances of the City Code and are to the satisfaction of the Community Development Director or designee. 9. CONSTRUCTION SIGNAGE: All signage advertising the development project or components thereof, including individual tenants or subdivisions, shall be installed or maintained onsite or offsite as allowed and in conformance with an approved sign permit. 10. WATER LIMITATIONS: Developer shall be advised that the approval is subject to the drought emergencies provisions pursuant to the Gilroy City Code Chapter 27.98. 11. OUTDOOR ACTIVITIES: This permit approval does not allow for any outdoor storage. Any future consideration of outdoor uses onsite shall only be considered as allowed by the City Code, including any subsequent permitting for such outdoor use. 12. MITIGATION MEASURES — All mitigation measures identified in the July 21, 2021 Project Garlic Industrial Subdivision Mitigated Negative Declaration (MND) (SCH 2021070525) and Mitigation Monitoring Program, incorporated herein by reference, apply to this project and must be addressed, as applicable, during building permit submittal and construction. 13. MULTI -PHASE DEVELOPMENT: Construction of the industrial project may be done in phases, as described and shown in the approved plan set, with a maximum duration of three years provided that the first phase is initiated in compliance with established deadlines. The construction phases may overlap. However, an easement for emergency vehicle access to the easterly industrial Lot 3 shall be provided prior to occupancy of the Phase 1 development on Lot 2, unless or until Caltrans approves emergency vehicle access to this property from eastbound Highway 152. The following conditions shall be addressed prior to issuance of any BUILDING PERMIT, GRADING PERMIT or IMPROVEMENT PLAN, whichever is first issued, or as otherwise specified in the condition. 14. CONDITIONS OF APPROVAL: Developer shall include a plan sheet(s) that includes a reproduction of all conditions of approval of this permit, as adopted by the decision -maker. -6- RESOLUTION NO. 21-16 15. CERTIFICATION OF BUILDING PERMIT PLANS: The project architect shall certify in writing that the architectural design shown in the building permit plans match the plans approved by the Community Development Director or designee/Planning Commission/City Council. Any changes must be clearly noted. The project architect shall also certify that the structural plans are consistent with the architectural plans. In the event of a discrepancy between the structural plans and the architectural plans, the architectural plans shall take precedence, and revised structural drawings shall be submitted to the Building Division. 16. COLORS AND MATERIALS: Plans submitted for building permit applications shall include all exterior building materials and colors, including product and finish manufacturer name, color name and number, and surface finish type (e.g. stucco with sand finish, plaster with smooth finish) to be used in construction. 17. SUBSEQUENT ENTITLEMENTS: a. Developer shall obtain necessary permits prior to initiating any new construction or modifications authorized under this approval, including but not limited to temporary construction trailers, temporary staging areas, model home sales offices, advertising signs of any kind, exterior and interior modifications. Developer shall pay all requisite fees in effect at the time of plan submittal and/or issuance, as applicable. b. Future development of commercial Lot 1 shall require a separate administrative Architectural and Site Review permit approval, subject to review for compliance with the C3/M2 PUD. 18. OTHER REVIEW AGENCIES: This project requires review and approval by outside agencies including, but not limited to the State Department of Transportation and Fish and Wildlife. Approvals from outside agencies shall be obtained at the appropriate stage of development and in no case later than prior to Certificate of Occupancy. 19. PARCEL MAP: The associated Parcel Map approval TM20-07 shall be prepared and approved for recordation, with all necessary easements and improvements as required to implement this project approval in accordance with all conditions and requirements of the City. 20. HABITAT PERMIT: Concurrent with or prior to submitting an application for a grading permit, the Developer shall obtain a final Habitat Permit application approval from the City of Gilroy and shall pay the current habitat permit mitigation fees due prior to the issuance of a grading permit for each phase of development. Application information for private development projects is available on the Santa Clara Valley Habitat Agency website: https://www.scv-habitatagency.org/. 21. AGRICULTURE MITIGATION POLICY: This site has been identified as Prime -7- RESOLUTION NO. 21-16 Farmland or Farmland of Statewide Importance pursuant to the City of Gilroy Agriculture Mitigation Policy. Prior to issuance of building permits, appropriate agriculture mitigation pursuant to the current Policy must be completed for the entire PUD area, which requires 1:1 replacement of agricultural lands. 22. PUBLIC ART: Prior to issuance of building permits, submit a process, timetable, and evidence of commitment acceptable to the City to ensure installation of a suitable, significant piece of public -oriented sculpture or similar public art installation prior to occupancy. As proposed, this shall consist of entry feature and future art sculpture at the northeast corner of Camino Arroyo and Highway 152. This shall include involving the Community Development Director or designee in reviewing preliminary concepts, artist, and type of work. All public art must be reviewed and approved by the City of Gilroy Arts and Culture Commission. The cost of the art piece shall not be required to exceed $40,000.00. This is a Planned Unit Development amenity. 23. BICYCLE TRAIL AND PUBLIC IMPROVEMENTS: Plans for building permit shall include details for all required and proposed on and offsite improvements which shall be completed as a part of the project. The bicycle and pedestrian trail improvements are required as a planned unit development amenity. The easement for the bike path shall be dedicated on the project map, as required to comply with General Plan bicycle plan policies. 24. Median Landscaping: Median landscaping shall be provided as a planned unit development amenity. The Applicant shall design, to the approval of the City, landscaping and irrigation improvements consistent with Landscaping Plan, Project Garlic by Kimley Horn, dated 04/21/2021, Sheets L100 through L102 (4 pages) within the Highway 152 median that extends along the project frontage ("Landscaping Improvements"). The Applicant shall then use good faith efforts to obtain approval from Caltrans for installation of the Landscaping Improvements. If Caltrans grants approval, then Applicant shall install the Landscaping Improvements. The Applicant shall also use good faith efforts to enter into a landscape maintenance agreement with the State, under which the Applicant will maintain the Landscaping Improvements. If, alternatively, the City enters into such a landscape maintenance agreement with the State, then Applicant shall enter into an agreement with the City to reimburse the City on an annual basis for its actual costs of maintaining the Landscaping Improvements. If Caltrans does not approve the Landscaping Improvements, then Applicant shall use reasonable, good faith efforts to obtain approval from Caltrans for the installation of hardscape improvements within the Highway 152 median that extends along the project frontage ("Hardscape Improvements"). If Caltrans grants -8- RESOLUTION NO. 21-16 approval, then Applicant shall design and construct the Hardscape Improvements. 25. FENCES AND WALLS: All fencing and walls are to be shown on construction drawings submitted for building permit review. The design and location must comply with all height and setback requirements. 26. BICYCLE RACKS OR STORAGE: Developer shall provide minimum required bicycle racks in accordance with building code requirements. The racks shall be an "inverted U," or equivalent as approved by the Community Development Director, and must secure the frame and both wheels. Racks should be located near the building entrance (i.e., within constant visual range) unless it is demonstrated that they create a public hazard or locating them there is otherwise infeasible. If space is unavailable near building entrances, the racks must be designed so that the lock is protected from physical assault. Bicycle lockers may be provided in addition to bicycle racks. 27. MUTUAL ACCESS: The Developer shall prepare a legal agreement recorded to run with the land providing for mutual access between all three parcels in the development. The agreement shall be approved by the City Attorney and Community Development Director or designee and shall state that it may not be modified without the City's consent. The access easement shall be included on plans. 28. TRASH ENCLOSURE(S): Prior to building permit issuance, details of opaque screen trash enclosures are to be shown on construction drawings and approved by the Community Development Director or designee. The trash enclosure(s) must match the architectural design, color, and materials of the primary structure. 29. SCREENING OF APPERTUNANCES: Developer shall show on construction drawings details of screening for all exterior equipment, including but not limited to mechanical equipment, post indicator valves, backflow prevention devices, utility meters, mailboxes and address directories, etc. Ground mounted utility appurtenances such as transformers shall not be visible from any public right-of- way and shall be adequately screened through the use or combination of concrete or masonry walls, berms, and landscaping. In addition, the backflow preventers shall be painted dark green, except the fire connection which shall be painted yellow. The final placement and design of these items shall be to the satisfaction of the Community Development Director or designee. 30. ROOFTOP EQUIPMENT: Developer shall ensure rooftop mechanical equipment, including but not limited to heating and cooling systems, plumbing vents, ducts, antennas and other appurtenances protruding from the roof are recessed or otherwise screened. Details of the roof equipment and roof screens shall be included in the building permit drawings and approved by the Community Development Director or designee. -9- RESOLUTION NO. 21-16 31. ROOF AND BUILDING DRAINPIPES: Developer shall install all roof and building drainpipes and downspouts inside building elements. These items shall not be visible on any exterior building elevations. 32. LIGHTING PLAN: Developer shall submit a lighting plan with the application for building permit. This plan should include photometric contours, manufacturer's specifications on the fixtures, and mounting heights. Parking lot and exterior light fixtures shall be full cutoff type so that lighting is directed downward only, minimizing glare and light pollution, and shall not cast light on any adjacent property or roadway. Developer shall recess or conceal any under -canopy lighting elements so they are not directly visible from any public area. The lighting plan must be approved by the Community Development Director or designee. 33. LANDSCAPE AND LIGHTING PLAN: Prior to issuance of grading permits, Developer shall submit a combined landscape and lighting plan to verify all project onsite lighting shall be of a type and in a location that does not constitute a hazard to vehicular traffic, either on private property or on public property, including streets. Such lighting shall not conflict with drainage plans, landscape plans, tree locations, parking spaces, or any other such land use concerns. 34. LANDSCAPING: a. Prior to building permit issuance, proposed landscaping shall be submitted with the construction drawings for review and approval by the Community Development Director or designee. Landscaping plans shall conform to the Approved Plans, and Zoning Code Chapter 30.38 except as modified by these conditions of approval. b. The Approved Landscaping Plan complies with the industrial zoning landscaping standards of Section 30.38.70, are minimum requirements of the planned development, and shall not be decreased except as may be necessary to accommodate required driveways. Landscaping improvements provided for stormwater management shall be in addition to this required site landscaping. 35. LANDSCAPE MULCH: As part of the Landscape Plan submittal, Developer shall clarify a minimum three (3) inch layer of mulch to be applied on all exposed soil surfaces, as required by the State Model Water Efficient Landscape Ordinance (MWELO). 36. INVASIVE PLANT SPECIES: Developer shall not include any invasive plant species, such as those listed by the California Invasive Plant Council. 37. LANDSCAPE DOCUMENTATION PACKAGE: Prior to issuance of building permits or initiation of the proposed use, whichever comes first, Developer shall submit a completed Landscape Documentation Package, including a soil analysis/management report along with appropriate application review fees, to the -10- RESOLUTION NO. 21-16 Community Development Department, including required documentation for compliance verification, and obtain approval of such plans. 38. IRRIGATION SENSORS: Prior to issuance of building permits, developer shall (as part of the irrigation system) indicate on construction drawings sensors that suspend or alter irrigation operation during unfavorable weather conditions (e.g. automatic rain shut-off devices). 39. WELCOME SIGN. The existing City of Gilroy Welcome signage on Pacheco Pass Highway Frontage shall be shown, retained and incorporated into the project landscape plans. The developer shall be responsible for any necessary relocation of the sign. The following conditions shall be met prior to RELEASE OF UTILITIES, FINAL INSPECTION, or ISSUANCE OF A CERTIFICATE OF OCCUPANCY, whichever occurs first, or as otherwise specified in the condition. 40. ON- AND OFF -SITE IMPROVEMENTS: Prior to occupancy, Developer shall complete all required offsite and onsite improvements related to the project, including structures, paving, and landscaping, unless otherwise allowed by the Community Development Director, or stated in these conditions. 41. LANDSCAPE AND IRRIGATION INSTALLATION: Prior to issuance of certificate of occupancy or building permit final sign -off, Developer shall complete installation of all landscaping and irrigation in accordance with the approved plans. 42. LANDSCAPE CERTIFICATE OF COMPLETION: Prior to occupancy or initiation of the proposed use, or completion of each build -out phase of development, Developer shall submit a signed Certificate of Completion, along with all necessary supporting documentation and payment to the Community Development Department, for compliance verification of the landscape installation. Developer is required under the Model Water Efficient Landscape Ordinance (MWELO) to provide a copy of the approved Certificate of Completion to the property owner or his or her designee. 43. PLANNING INSPECTION: Inspection(s) by the Planning Division may be required for the foundation, framing, application of exterior materials, and final completion of each structure to ensure that the construction matches the approved plans. 44. SITE CLEAN-UP: Prior to issuance of a certificate of occupancy, Developer shall remove all construction materials, debris, and vehicles from the subject property. The following conditions shall be met prior to the approval of the FINAL MAP or PARCEL MAP, or other deadline as specified in the condition. -11- RESOLUTION NO. 21-16 45. TENTATIVE MAP: The associated tentative parcel map TM 20-07 shall expire twenty-four (24) months from the approval date and may be extended pursuant to the provisions of the Map Act, if the final map is not recorded prior to expiration. If, however, litigation is filed challenging the City's approval of any of the project's entitlements, the time period to exercise each entitlement shall be stayed for the duration of the litigation. 46. COVENANTS, CONDITIONS, AND RESTRICTIONS: Any covenants, conditions, and restrictions (CC&Rs) applicable to the project property shall be consistent with the terms of this permit and the City Code. If there is a conflict between the CC&Rs and the City Code or this permit, the City Code or this permit shall prevail. The following conditions shall be complied with AT ALL TIMES DURING THE CONSTRUCTION PHASE OF THE PROJECT, or as otherwise specified in the condition. 47. CONSTRUCTION RELATED NOISE: To minimize potential construction -related impacts to noise, Developer shall include the following language on any grading, site work, and construction plans issued for the subject site, pursuant to City Code 30.41: "During earth -moving, grading, and construction activities, Developer shall implement the following measures at the construction site: a. Limit construction activity to weekdays between 7:00 a.m. and 7:00 p.m., and on Saturdays between 9:00 a.m. and 7:00 p.m. Construction noise is prohibited on Sundays and City -observed holidays; b. Equip all internal combustion engine driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment; c. Prohibit all unnecessary idling of internal combustion engines; d. Utilize "quiet" models of air compressors and other stationary noise sources where technology exists; and e. Designate a "disturbance coordinator' who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g. bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem." 48. CONSTRUCTION RELATED AIR QUALITY: To minimize potential construction - related impacts to air quality, Developer shall require all construction contractors to implement the basic construction mitigation measures recommended by the Bay Area Air Quality Management District (BAAQMD) and shall include the following language on any grading, site work, and construction plans issued for the project site -12- RESOLUTION NO. 21-16 "During earth -moving, grading, and construction activities, Developer shall implement the following basic control measures at the construction site: a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day; b. All haul trucks transporting soil, sand, or other loose material onsite or offsite shall be covered; c. All visible mud or dirt tracked out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited; d. All vehicle speeds on unpaved roads or pathways shall be limited to 15 miles per hour; e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used; f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points; g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified visible emissions evaluator; and h. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations." 49. DISCOVERY OF CONTAMINATED SOILS: If contaminated soils are discovered, the Developer will ensure the contractor employs engineering controls and Best Management Practices (BMPs) to minimize human exposure to potential contaminants. Engineering controls and construction BMPs will include, but not be limited to, the following: a. Contractor employees working on -site will be certified in OSHA's 40-hour Hazardous Waste Operations and Emergency Response (HAZWOPER) training; b. Contractor will stockpile soil during development activities to allow for proper characterization and evaluation of disposal options; c. Contractor will monitor area around construction site for fugitive vapor emissions with appropriate filed screening instrumentation; d. Contractor will water/mist soil as it is being excavated and loaded onto transportation trucks; -13- RESOLUTION NO. 21-16 e. Contractor will place any stockpiled soil in areas shielded from prevailing winds; and f. Contractor will cover the bottom of excavated areas with sheeting when work is not being performed. 50. DISCOVERY OF PALEONTOLOGICAL RESOURCES: In the event that a fossil is discovered during construction of the project, excavations within 50' of the find shall be temporarily halted or delayed until the discovery is examined by a qualified paleontologist, in accordance with the Society of Vertebrate Paleontology standards. 51. DISCOVERY OF ARCHAEOLOGICAL RESOURCES: In the event of an accidental discovery of archaeological resources during grading or construction activities, Developer shall include the following language on any grading, site work, and construction plans issued for the project site: "If archaeological or cultural resources are discovered during earth -moving, grading, or construction 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 monitoring professional archaeologist, if one is onsite, shall be notified and evaluate the find. If a monitoring professional archaeologist is not onsite, the City shall be notified immediately and a qualified professional archaeologist shall be retained (at Developer's expense) to evaluate the find and report to the City. If the find is determined to be significant, appropriate mitigation measures shall be formulated by the professional archaeologist and implemented by the responsible party." 52. DISCOVERY OF HUMAN REMAINS: In the event of an accidental discovery or recognition of any human remains, Developer shall include the following language in all grading, site work, and construction plans: "If human remains are found during earth -moving, grading, or construction activities, 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 (MLD) 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 -14- RESOLUTION NO. 21-16 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." The following conditions shall be complied with AT ALL TIMES that the use permitted by this entitlement occupies the premises. 53. LANDSCAPE MAINTENANCE: For the life of the project, Developer shall maintain landscaping and irrigation in accordance with the approved plans, except as otherwise permitted or required by law. Significant changes to the number, placement, and selection of plant species may require a modification to this approval, to be determined by the Community Development Director or designee. FIRE INSPECTION CONDITION 54. An approved Fire Truck circulation Plan shall be shown on plans submitted for permits and shall be implemented consistent with Approved Plans Civil Plan Sheet C700. The preferred emergency vehicle access to the Phase 2 building is from Highway 152. An alternative to provide an internal connection between the two industrial sites, from the southern access points, shall only be permitted if Caltrans does not approve the preferred option. This condition applies to the southern access point. Access and driveway along the northern side of the Phase 2 property shall also be provided as shown on approved plans. ENGINEERING CONDITIONS PUBLIC WORKS PROJECT CONDITIONS OF APPROVAL TM 20-07 and AS 20-21 Hwy 152 Project Garlic Distribution Center -15- RESOLUTION NO. 21-16 THE FOLLOWING CONDITIONS MAKE UP THE ENTITLEMENTS FOR YOUR PROJECT. THEY AUTHORIZE AND APPROVE THE SPECIFIC TERMS OF YOUR PROJECT. THE FOLLOWING CONDITIONS SHALL BE ADDRESSED ON THE CONSTRUCTION PLANS SUBMITTED FOR ANY BUILDING PERMIT OR GRADING PERMIT, AND SHALL BE SATISFIED PRIOR TO ISSUANCE OF WHICHEVER PERMIT IS ISSUED FIRST, OR IF ANOTHER DEADLINE IS SPECIFIED IN A CONDITION, AT THAT TIME. 55. PAYMENT OF PUBLIC WORKS PLAN CHECK AND INSPECTION FEE — At the time of first improvement plan submittal, the applicant shall submit a $50,000 (fifty thousand dollar) initial deposit for project plan check and construction inspection. This deposit will be credited/accounted toward final plan check and inspection fee for the project. In addition, the applicant shall submit a detailed project cost estimate prepared by the project engineer, to approval of the City Engineer, with the initial project plan submittal. The cost estimate shall be broken out into on -site and off -site improvements. Prior to plan approval, the applicant shall pay 100% of the plan check and inspection fee based on the approved project cost estimate. Public Works will not sign -off on the issuance of the project building permit without full payment of this plan check and inspection fee. (PUBLIC WORKS). 56. PLAN SUBMITTAL — The Engineering project plans shall be submitted, in full, with the building permit plans. Improvement plans are required for both on -site and off- site improvements, and the improvement plan set cover sheet shall include an index referencing on -site and off -site improvements. All improvements shall be designed and constructed in accordance with the City of Gilroy Municipal Code and Standard Specifications and Details, and are subject to all laws of the City of Gilroy by reference. The improvement plans shall include all civil project plans including, but not limited to, site plans, grading plans, utility plans, joint trench, off -site plans, lighting (photometric) plans, and landscaping plans within the public right-of-way. The plan shall clearly identify both public and private utilities. The improvement plans shall be submitted with the Public Works Engineering submittal checklist provided by the City, and available on the City website. Review and approval of these plans shall be completed prior to the issuance of the first building foundation permit. All off -site and frontage improvements shall be designed and constructed as part of, prior to Certificate of Occupancy for Phase 1 of the project. -16- RESOLUTION NO. 21-16 In addition: a. A complete set of improvement plans shall consist of Civil site design, landscape site design, Electrical, Joint Trench. Any walls or structural features part of the landscape design shall also be included; b. Improvement plans are required for both on -site and off -site improvements. A separate plan set for each shall be prepared, or at the approval of the City Engineer, onsite and offsite sheets can be combined into one plan set; c. The improvement plan submittal, including utility sheets, shall show appropriate line types and labels to identify different type of utilities and pipe sizes. Utility boxes, hydrants, backflow preventers, etc. shall be relocated/installed behind the back of sidewalk; d. Improvement plans (as second sheet in plan set) shall contain Approved Conditions of Approval; e. Improvement plans shall include General Notes found in the City of Gilroy General Guidelines; f. Improvement plans shall be completed per the Public Works Engineering submittal checklist, which can be found in the City's website. At first submittal, a completed checklist shall be included in the submittal package, and shall show which items have been included; g. The improvement plan cover sheet shall include a table summarizing all facilities (Streets, Utilities, Parks, Landscaping, etc.), showing the ownership of all facilities, access rights to, and the maintenance responsibilities of all facilities; h. Improvement and grading plans shall show existing topo and features at least 50' beyond the project boundary. The plan shall clearly show existing topo, label contour elevations, drainage patterns, flow lines, slopes, and all other property encumbrances; i. 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 Haul Permit is required. A statement indicating the need to obtain a Haul Permit must be added as a general note to the Grading and Drainage Plan; j. All grading and improvement plans shall identify the vertical elevation datum, date of survey, and surveyor; k. A Title Report shall be submitted with first submittal improvement plans. An existing site plan shall be submitted showing all existing site conditions and title report easements. The plan shall include bearing and distance information for all right-of-way and easements; I. The plan shall show any proposed easements to be dedicated for any needed purpose, or any easement expected to be abandoned through separate instrument. This includes PUE, PSE, EVAE, Cross -Property Access Easement, Landscape Easement, Drainage Easement, Pole Line Easement, etc. No private signage, poles, utilities or other appurtenances -17- RESOLUTION NO. 21-16 shall be permitted within any PSE/PUE; m. To ensure the plans are coordinated and there are no conflicts between disciplines, the applicant shall provide a "composite exhibit" showing Civil, Landscape, Electrical, and Joint Trench design information (as a separate sheet titled "Composite Plan") to confirm that there are no conflicts; n. All Solid Waste Vehicle circulation movements shall be modeled and shown on a separate plan sheet. The circulation plan shall be prepared to the City Engineer's satisfaction, and modeled using AutoTurn swept analysis software, and shall include all turning and street circulation movements; o. All Emergency Vehicle circulation movements shall be modeled and shown on a separate plan sheet. The circulation plan shall be prepared to the City Engineer's satisfaction, and modeled using AutoTurn swept analysis software, and shall include all turning and street circulation movements; p. All utility boxes exposed to traffic or in a driveway, including sanitary sewer and/or water meter boxes, shall have traffic -rated boxes and lids; q. All on -site recycled water system improvements, including appurtenances, shall be located within a PSE. (PUBLIC WORKS) 57. UTILITY PLANS — A utility plan shall be provided for all projects as specified within these conditions of approval. To ensure coordination between the applicant and the relevant utility company: a. The applicant shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. Show preferred and alternative locations for all utility vaults and boxes if project has not obtained PG&E approval. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground). b. The applicant shall negotiate any necessary right-of-way or easement with PG&E, or any other utilities, subject to the review and approval by the Engineering Division and the utility companies. c. A "Will Serve Letter" shall be provided for each utility company expected to service the subdivision. Early coordination with the utility companies is necessary to obtain this letter. Coordination of City utilities shall be through the Engineering Division. d. A note shall be placed on the joint trench composite plans which states that the plan agrees with City Codes and Standards and that no underground utility conflict exists. (PUBLIC WORKS) 58. UTILITY RESPONSIBILITIES — Storm and sewer utilities in private areas shall be privately owned and privately maintained. The water system in Gilroy is owned and maintained by the City. Conversely, public utilities within utility easements on -18- RESOLUTION NO. 21-16 private property remain the responsibility of the individual utility companies to maintain. The plans shall note the inspection, ownership and maintenance responsibility for each utility shown on the plans within a Table of Responsibilities on the project cover sheet of the improvement plans submitted with the initial plan submittal. The table shall include the list of streets, the responsible party for inspection of the improvements, who is responsible for the ownership of the utility, and who is responsible for the maintenance of the utility. An example of this table, including the types of utilities to be listed, can be provided by the Engineering Division upon request. (PUBLIC WORKS) 59. PREPARATION OF ELECTRICAL PLANS — The project electrical plans shall be prepared by a registered professional engineer experienced in preparing these types of plans. The applicant shall submit, with the improvement plans submitted with the initial plan submittal, a letter from the design Electrical or Civil Engineer that states the electrical plan conform to City Codes and Standards, and to the approved improvement plans. The letter shall be signed and stamped by the professional engineer that prepares the improvement plans. (PUBLIC WORKS) 60. EXISTING FACILITIES PROTECTION — All existing public utilities shall be protected in place and if necessary relocated as approved by the City Engineer. No permanent structure is permitted within City easements without the approval of the City of Gilroy. (PUBLIC WORKS) 61. WATER QUALITY — Project design shall comply with the Stormwater Management Guidance Manual for Low Impact Development & Post -Construction Requirements. The applicant shall submit the Source Control Checklist as well as the appropriate Performance Requirements Checklist found in Appendix A of the manual at the time of the initial submittal for building permit. The manual can be found at the following site: www.cityofgilroy.org/261/Storm-Water-Management (PUBLIC WORKS) 62. DEVELOPER STORM WATER QUALITY RESPONSIBILITY — The developer is responsible for ensuring that all contractors are aware of all storm water quality measures, and implement such measures. Failure to comply with the approved construction BMPs will result in the issuance of correction notices, citations, or a project stop order. (PUBLIC WORKS) 63. BEST MANAGEMENT PRACTICES (BMP) — The applicant shall perform all construction activities in accordance with Gilroy Municipal Code Section 27C, Municipal Storm Water Quality Protection and Discharge Controls, and Section E.10, Construction Site Storm Water Run -Off Control Program of the Regional NPDES Permit. Detailed information can be located at: www.flowstobay.org/documents/business/construction/SWPPP.pdf. This sheet shall be printed and included in all building construction plan sets permitted for construction in the City of Gilroy. (PUBLIC WORKS) -19- RESOLUTION NO. 21-16 64. FIRE DEPARTMENT HYDRANT FLOW TEST — The applicant shall perform a Fire Hydrant flow test to confirm the water system will adequately serve the development, and will modify any part of the systems that does not perform to the standards established by the City. Applicant shall coordinate with Fire Department for the Fire Hydrant flow test. The flow test results shall be submitted with the initial plan submittal. (PUBLIC WORKS) 65. 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. (PUBLIC WORKS) 66. PROJECT STUDIES — The applicant shall submit, for City approval, any applicable water, sewer, storm drain or the development deemed appropriate by the City Engineer. These studies shall provide the supporting hydraulic calculation for pipe sizing per the City Standard Design Guidelines. The study shall be reviewed and approved by Engineering. If the results of the study indicate that this development contributes to the over -capacity of the trunk line, the applicant will be required to mitigate the impact by removing and replacing, or upsizing of the existing utilities to accommodate the appropriate level of project flows to the approval of the City Engineer. The improvements shall be addressed on the construction drawings, to the approval of the City Engineer, prior to the issuance of the first building permit. (PUBLIC WORKS) 67. MASTER PLAN COMPLIANCE — The project design shall comply with City Master Plans to the approval of the City Engineer. (PUBLIC WORKS) 68. IMPACT FEES — The project is subject to the City's Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. The City's latest impact fee schedule is available on the City's website. Payment of all Impact Fees is required at first building permit issuance. Fees shall be based on the current fee schedule in effect at the time of fee payment, consistent with and in accordance with City policy. Note that impact fees increase at the beginning of each fiscal year, July 1. Specific fee language is provided further in these conditions of approval. (PUBLIC WORKS) 69. STORMWATER MANAGEMENT PLAN — At first improvement plan submittal, the applicant shall submit a Storm Water Management Plan (SWMP) prepared by a registered Civil Engineer. The SWMP shall analyze the existing and ultimate conditions and facilities, and the study shall include all off -site tributary areas. Study and the design shall be in compliance with the City's Stormwater Management Guidance Manual (latest edition). Existing off -site drainage patterns, i.e., tributary areas, drainage amount, and velocity shall not be altered by the development. The plan shall be to the approval of the City Engineer and shall be -20- RESOLUTION NO. 21-16 approved prior to the issuance of the building permit. (PUBLIC WORKS) 70. STORMWATER CONTROL PLAN — At first improvement plan submittal, the applicant shall submit a design level Stormwater Control Plan Report (in 8 1/2 x 11 report format), to include background, summary, and explanation of all aspects of stormwater management. The report shall also include exhibits, tables, calculations, and all technical information supporting facts, including but not limited to, exhibit of the proposed site conditions, which clearly delineates impervious and pervious areas on site. The plan shall provide a separate hatch or shading for landscaping/pervious areas on -site including those areas that are not bio-retention areas. This stormwater control plan report format does not replace, or is not in -lieu of any stormwater control plan sheet in the improvement plans. The stormwater control plan shall include a signed Performance Requirement Certifications specified in the Stormwater Guidance Manual. At applicant's sole expense, the stormwater control plan shall be submitted for review by an independent third party accepted by the City for compliance. Result of the peer review shall be submittal and approved by the City Engineer prior to the issuance of the first building permit. (PUBLIC WORKS) 71. REPAIR OF PUBLIC IMPROVEMENTS — The applicant shall repair or replace all existing improvements not designated for removal, and all new improvements that are damaged during construction or removed because of the applicant's operations. The applicant shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. Said repairs shall be completed prior to the first occupancy of the project. (PUBLIC WORKS) 72. TRIANGULAR AREA OF VISIBILITY — Landscaping and permanent structures located within the 10' triangular area of visibility at the driveway, and 45' triangular area of visibility at any project corner, shall have a minimum vertical clearance of 9', and/or be less than 2' in height. This includes all PG&E above ground structures and other utility facilities. The sight triangle shall be shown on the site civil plans, to the approval of the City Engineer, to demonstrate this condition. (PUBLIC WORKS) 73. DRIVEWAY DESIGN — Driveway grades shall be designed to keep a standard design vehicle from dragging or "bottoming out" on the street or driveway, and to keep water collected in the street from flowing onto the lots. The details of such design shall be provided on the site civil plans to the satisfaction of the City Engineer. (PUBLIC WORKS) 74. GRADING & DRAINAGE — All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. There shall be no earthwork disturbance or grading activities between October 15th and April 15th unless otherwise approved by the City Engineer. If approved, the applicant shall submit a Winterization Erosion Control Plan to the City Engineer for review and approval. -21- RESOLUTION NO. 21-16 This plan shall incorporate erosion control devices and other techniques in accordance with Gilroy 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. A project WDID# shall be added to the grading plans prior to plan approval. (PUBLIC WORKS) 75. GEOTECHNICAL ENGINEER — Prior to building permit issuance, the applicant's Geotechnical Engineer shall review the final grading, pavement design and drainage plans to ensure that said designs are in accordance with the recommendations or the project geotechnical study, and the peer review comments. The applicant's Geotechnical Engineer's approval shall then be conveyed to the City either by letter, or by signing the plans. All grading operations and soil compaction activities shall be per the approved project's design level geotechnical report. All grading activities shall be conducted under the observation of, and tested by, a licensed geotechnical engineer. A report shall be filed with the City of Gilroy for each phase of construction, stating that all grading activities were performed in conformance with the requirements of the project's geotechnical report. The applicant shall add this condition to the general notes on the grading plan. Certification of grades and compaction are required prior to Building Permit final. This statement must be added as a general note to the Grading and Drainage Plan. (PUBLIC WORKS) 76. FINISH FLOOR ELEVATION — (specifically for projects in the flood zone) Site design, including building finished floor elevations, shall comply with the 1995 Uvas Creek Overflow Floodplain Delineation Project prepared by Schaaf & Wheeler Consulting Civil Engineers. The project will be required to have a hydrologist review the project grading, to confirm this project does not have cumulative impacts to floodwaters. The City will require a review letter by Schaaf & Wheeler (Contact Caitlin Gilmore at 415-823-4964, Schaaf & Wheeler) be submitted to the approval of the City Engineer prior to the issuance of the building permit. (PUBLIC WORKS) 77. TREE REMOVAL PERMIT — The applicant shall obtain a Tree Removal Permit from the Engineering Division for removal of existing trees in the public right-of- way, prior to the issuance of a building permit or demolition building permit, whichever is issued first. (PUBLIC WORKS) -22- RESOLUTION NO. 21-16 78. PHASED PERMITS — The applicant may, with the approval of the City Engineer, phase the permits to expedite the construction process. If this is done, each phase of the work will require a separate and complete set of plans to be submitted, reviewed and approved prior to the issuance of the said permit. Overlapping of permits may occur, if approved by the City Engineer. No work on the next phase of construction, in advance of the permitted work, may occur. No "at risk" work will be permitted. Only the below phased permitted work will be allowed: a. Rough Grading b. Fine Grading c. Underground Utilities d. Site Improvements e. Landscaping f. Off -Site Plans shall be submitted, reviewed, and approved by the City Engineer prior to the commencement of work. (PUBLIC WORKS) 79. ENCROACHMENT PERMITS, BONDS, AND INSURANCE — The applicant must obtain an encroachment permit, posting the required bonds and insurance, and provide a one (1) year warranty for all work to be done in the City's right-of-way or City easement. This encroachment permit shall be obtained prior to the issuance of the first foundation building permit, and prior to any work being done in the City's right-of-way. All existing public utilities shall be protected in place and if necessary relocated as approved by the City Engineer. No permanent structures are permitted within the City right-of-way, or within any City easement unless otherwise approved by the City Engineer. The applicant shall have street improvement plans prepared for all work in the public right-of-way by a licensed civil engineer, whose signed engineer's stamp shall appear on the plans. Prior to issuance of the encroachment permit, the applicant shall submit any applicable pedestrian or traffic control plans for any lane or sidewalk closures. The traffic control plan shall comply with the State of California Manual of Uniform Traffic Control Devices (MUTCD), and standard construction practices. Offsite improvement plans shall be completed per the Public Works Engineering Checklist found in the Public Works, Engineering, portion of the City's website. Partial submittals shall not be accepted. Applicant shall make a pre -submittal appointment with the Public Work Land Development Section, to review that all submittal applications items are complete. The submitted plans shall include all improvements along Highway 152, 10th St, Camino Arroyo and Renz Lane as described in the Project Transportation Analysis -23- RESOLUTION NO. 21-16 prepared by Hexagon Transportation Consultants, and any subsequent traffic studies, and the improvements shown on the approved Architectural and Site Plans. Final construction plans and specifications shall be approved by the City Engineer, and released for construction, prior to the issuance of the encroachment permit. The applicant is required to confirm the location of existing utility lines along the project frontage by potholing. Prior to any potholing, applicant shall submit a pothole plan for City review and approval. Applicant shall provide the pothole result to the City Engineer prior to final design. Right-of-way improvements shall include, at a minimum, the following items: (PUBLIC WORKS) a. STREET TREES - The applicant shall plant new street trees along the project frontages (Camino Arroyo, Renz, and Highway 152) to match the City of Gilroy's Street Tree Plan in effect at the time of construction. The street tree plans shall be per City Standard Drawings, and will include City Standard tree grates when trees are installed within the sidewalk. b. TREE GRATES — The applicant shall install City Standard Tree Grates when trees are planted within the sidewalk areas. Tree grates shall be 4'x6', model OT-T24 by Urban Accessories, and shall be black power coated. The tree grates shall be shown on the improvement plans to be located at the back of curb to the approval of the City Engineer, and shall be installed with the street trees prior to the first occupancy. c. STREET MARKINGS - The applicant shall install necessary street markings of a material and design approved by the City Engineer, and replace any that are damaged during construction. These include but are not limited to all pavement markings, painted curbs and handicap markings. All permanent pavement markings shall be thermoplastic and comply with Caltrans Standards. Color and location of painted curbs shall be shown on the plans, and are subject to approval by the City Engineer. Any existing painted curb or pavement markings no longer required shall be removed by grinding if thermoplastic, or sand blasting if in paint. d. SIDEWALK - The applicant shall construct, to existing City standards, new sidewalk surrounding the project site along both the Hwy. 152 and Camino Arroyo frontage. e. CURB RAMP(S) - The applicant shall construct new curb ramps at all four corners of the Hwy 152/Camino Arroyo intersection as recommended by the project traffic study. The new curb ramps shall comply to the latest Caltrans State Standard Drawing. The actual ramp "Case" shall be identified on the plans and shall be to the approval of the City Engineer. -24- RESOLUTION NO. 21-16 f. CURB AND GUTTER - The applicant shall install new curb and gutter along the project frontage (Renz and Hwy. 152) to existing City standards. New curb and gutter shall be constructed per the City Standard Drawing STR-12 along Renz per Caltrans Standards along the highway frontage. g. DRIVEWAY APPROACH(ES) - The applicant shall install City Standard Commercial driveway approaches as shown on the approved plans. The new commercial driveway approach shall be constructed per the City Standard Drawing. h. DRIVEWAY REPLACEMENT - The applicant is to remove and replace the existing driveway approaches along Renz Lane that are being impacted by the project per the City Standard Drawing. i. SEWER LATERAL — The applicant shall install as a minimum a six (6) inch City Standard sewer lateral connections from the property line to the sewer main located in the street right-of-way. The installation shall be done in accordance with the City Standard Drawing SWR-6 including a 6" property line clean -out. j. SEWER CLEAN -OUT - The applicant shall install a sewer lateral clean -out at the property line in accordance with the City Standard Drawing SWR-6. k. SANITARY AND STORM SEWER MANHOLES - The applicant shall install standard storm and sanitary sewer manhole per approved plans and in accordance with the City Standard Drawing. I. STORM WATER CATCH BASIN(S) - The applicant shall install standard storm water catch basins, per approved plans, and in accordance with the City Standard Drawing. m. SIDEWALK UNDERDRAIN(S) — Where necessary, the applicant shall install standard sidewalk underdrains in accordance with the City Standard Drawing STR-19. n. STREETLIGHTS — The applicant shall provide and install new City standard streetlights along the project frontages. The lights shall be standard aluminum electrolier streetlights per City Standard Drawing EL-1 to EL-5. The applicant is responsible for all PG&E service fees and hook-up charges. Any new service point connection required to power the new lights shall be shown on the construction drawings along with the conduit, pull boxes and other items necessary to install the street lights. An Isometric lighting level needs to be provided by the designer/contractor. A separate light study may be required by -25- RESOLUTION NO. 21-16 the City Engineer. The new street light shall has 32' mounting height per Standard Drawing EL-3, with mounting arm length per Standard Drawing EL-4, the Fixture shall be Leotek GC1 or GC2 series in an approved configuration per detail EL-2 or approved equal. The arm shall be installed at the location as shown on the approved plans. 80. TRAFFIC IMPROVEMENTS — The applicant shall construct the improvements as recommended by the project Traffic Impact Analysis prepared by Hexagon Transportation Consultants dated June 16, 2021. These improvements shall include: a. Hwy 152/Cameron Signal Improvements — The applicant is to add signal equipment for the fourth leg of this intersection. The design shall also accommodate a pedestrian crossing from the project site to the south side of Hwy 152. Design of these improvements shall be done by an engineering firm familiar with signal design. Final plans shall be signed by a licensed traffic engineer. Since this intersection is controlled by Caltrans, the applicant is to submit the plans to both the City and Caltrans for review. Caltrans approval and permit is required prior to the issuance of the City's encroachment permit for this work. b. Hwy 152/Cameron Driveway Alignment — The project driveway at this location shall be aligned with the intersection and the approach/receiving lanes on the south side of the intersection. The applicant has submitted a separate plan showing this driveway configuration to the satisfaction of the City Engineer. Final design of this driveway shall be shown on the construction drawings as previously approved. The City understands that this intersection is under the jurisdiction of Caltrans, and that the State may require additional modifications to the driveway alignment or location. c. Triple -Left Turn Lane Accommodation — A future eastbound triple -left turn will be required for build -out of this intersection. There is no requirement for dedication for this application, but a future 14' minimum dedication will be required in the future to accommodate a third receiving lane when the corner parcel is submitted for development. d. Camino Arroyo Southbound Double -Right and Eastbound Hwy 152 Left -Turn Queuing — The applicant has provided conceptual drawing and cost estimate for the addition of a second southbound right -turn lane at the intersection of Camino Arroyo/Hwy 152 and to increase storage in eastbound left -turn lane. The City has reviewed the conceptual drawing and the cost estimate. The applicant shall pay $2,264,150 for this these future improvements to the City in -lieu of constructing the required improvements. The payment shall be made prior to the issuance of building permit. Payment for these future improvements will constitute satisfaction of this -26- RESOLUTION NO. 21-16 condition. e. Site Access to Eastern Parcel — There is currently no ability for eastbound traffic to access the eastern project parcel via Hwy 152. The applicant is proposing improvements to allow emergency vehicles to access this parcel driveway. These improvements are subject to review and approval by Caltrans. The applicant is to submit the plans for this improvement to Caltrans, and obtain the State Encroachment Permit for this work prior to the issuance of the first project building foundation permit. If the proposal for this driveway access is not acceptable to Caltrans, the applicant shall provide emergency vehicle access to the eastern parcel via the Cameron/Hwy 152 driveway as shown on the alternate access submittal drawing. An Emergency Vehicle Access Easement (EVAE) shall be dedicated along this access road. The easement shall be dedicated by separate instrument or show for dedication on the parcel map. f. Renz Lane Bike Access — The applicant shall provide a Class I asphalt Bike Path, per MUTCD and NATCO Standards, between the Renz Lane terminus and along the northwest property line of proposed Lot 2 up to the bottom of embankment at Llagas Creek. The bike path design and layout shall be shown on the first plan submittal for the approval of the City Engineer. The project site shall provide the space required to accommodate a ramp connection to the trail and provide $46,944 towards the cost of construction of a ramp connection to a future trail planned for the area. 81. TDM PLAN — Annual TDM Status Report — The applicant shall provide an annual TDM Status Report, on July 1 of each year, to the Planning Director. The report shall indicate how the above mitigation measures are being carried out and the number of participants in the program. Should these TDM measures not be sufficient or be maintained, the applicant shall provide a modified TDM program for City review prior to implementation. 82. UTILITIES — All new services to the development shall be "underground service" designed and installed in accordance with the Pacific Gas and Electric Company, AT&T (phone) Company and local cable company regulations. Transformers and switch gear cabinets located off -site shall be placed underground unless otherwise approved by the Planning Director and the City Engineer. Underground utility plans must be submitted to the City prior to installation. (PUBLIC WORKS) 83. EXTERIOR SITE LIGHTING STANDARDS — The applicant shall submit a photometric plan for on -site lighting showing lighting levels to Illuminating Engineering Society (IES) Standards. The plan shall comply with the requirement of an average of 1 foot-candle with a 4:1 minimum to average ratio and a minimum lighting of 0.3 foot-candle. This lighting standard is applicable to all publicly- -27- RESOLUTION NO. 21-16 accessibly parking lots, driveways, circulation areas, aisles, passageways, recesses, and publicly -accessible grounds contiguous to all buildings. Private, interior courtyards not accessible to the public are not required to meet this standard. The lighting system shall be so designed as to limit light spill beyond property lines and to shield the light source from view from off site. The photometric plan shall be approved by the City Engineer or their designee and shall be addressed on the construction plans submitted for any demolition permit, building permit, or grading permit and shall be satisfied prior to issuance of whichever permit is issued first. Any subsequent building permits that include any site lighting shall also meet these requirements. (PUBLIC WORKS) 84. STREET LIGHTING STANDARDS — The applicant shall submit plans for street/sidewalk showing lighting levels to Illuminating Engineering Society (IES) Standards. The plan shall comply with lighting requirements as follows: a. Arterial Streets — 1.0 fc with minimum lighting of 0.5 fc b. Collector/Local Streets — 0.6 fc average with a 0.3 fc minimum c. High Volume Intersections —1.0 fc with a 4:1 minimum to average ratio and a minimum lighting of 0.5 fc d. Low Volume Intersections — 0.6 fc with a 4:1 minimum to average ratio and a minimum lighting of 0.3 fc. The applicant shall submit a photometric plan identifying how these lighting levels are being met given the site geometrics, using the City Standard street lights, and a Type III lighting distribution. The width of the street shall and lighting levels shall determine the lighting spacing. Street lights and pull boxes shall be installed in the planter strip if one is present, or behind the back of walk where feasible so as to maintain sidewalk clear of obstructions to the approval of the City Engineer. The photometric plan shall be approved prior to the issuance of the building permit. (PUBLIC WORKS) 85. FENCES AND OTHER PERMANENT STRUCTURES WITHIN CITY RIGHT-OF- WAY — The applicant shall locate all project fencing and foundation of a permanent nature within the project's property and out of the City right-of-way whenever possible. If located within the City right-of-way, the applicant shall have a license agreement recorded against the owner's property that indemnifies and holds harmless the City. The license agreement shall also include language in which the applicant agrees to allow access to any utility company wishing to have access to the public right-of-way for existing or new utility installation. The license agreement shall also include language that requires the removal of the fence and foundation, at the owner's expense, should the City desire to use the right-of-way for street, sidewalk or other purposes identified by the City Engineer. The license agreement shall be approved as to form by the City Attorney's Office and shall be recorded against the owner's property prior to the issuance of any City encroachment permit. (PUBLIC WORKS) 86. FLOOR DRAINS — All floor drains shall be plumbed to connect to the sanitary sewer -28- RESOLUTION NO. 21-16 system, and shall not be connected to stormwater collection system. The plumbing connections shall be shown on the plans to the approval of the City Engineer. (PUBLIC WORKS) 87. STORM DRAIN INLETS AND WATERWAYS — Per the City's Clean Water Program's requirements, the applicant shall mark with the words "No Dumping! Flows to Bay," or equivalent, using methods approved by the City standards on all storm inlets surrounding and within the project parcel. Furthermore, storm drains shall be designed to serve exclusively stormwater. Dual-purpose storm drains that switch to sanitary sewer are not permitted in the City of Gilroy. (PUBLIC WORKS) 88. SEPARATE WATER METERS SERVICES — Domestic, landscape, and fire water services, meters, and backflow preventers shall be per City standards. Each water service shall have a separate lateral from the main to each lot. (PUBLIC WORKS) 89. FOOD SERVICE EQUIPMENT CLEANING —The applicant of any food service facilities must agree to have any sink or other floor mat, container, and equipment cleaning area, connected to a grease interceptor prior to discharging to the sanitary sewer system. The cleaning area shall be large enough to clean the largest mat or piece of equipment to be cleaned. The cleaning area shall be indoors or in a roofed outdoor area; either areas being plumbed to the sanitary sewer. Per Gilroy Municipal Code Section 27C.8 Prohibition of Discharges from Industrial or Commercial Activity outdoor cleaning areas shall be designed to prevent stormwater run-on from entering the sanitary sewer and to prevent stormwater run-off from carrying pollutants to the site storm drains. Signs shall be posted indicating that all food service equipment washing activities shall be conducted in this area. Regular maintenance and cleaning of the grease interceptor is required. (PUBLIC WORKS) 90. LOADING DOCKS — Per Gilroy Municipal Code Section 27C.8 Prohibition of Discharges from Industrial or Commercial Activity, the applicant shall cover loading docks to minimize run-on to and run-off from the loading area. Roof downspouts shall be positioned to direct stormwater away from the loading area. Water from covered loading dock areas shall be drained to the sanitary sewer to the approval of the City Engineer. (PUBLIC WORKS) 91. GARBAGE/RECYCLE STORAGE AND SERVICE — The applicant shall provide an adequate area for the purposes of storing garbage and recycling collection containers for scheduled servicing by the franchise solid waste collection service. If required, the containers may be placed on the street within the loading zone for a maximum of two hours; one hour prior to the scheduled servicing time, and must be removed from the street within one hour after the service. The containers shall be placed at the service location allowing enough room for the truck to safely approach the containers. The collection containers shall be brought to the service area on the day of service and returned to the storage enclosure by the property owner. The containers are not to be in public view or in the public right-of-way -29- RESOLUTION NO. 21-16 prior to, or beyond the scheduled service times. A letter shall be provided, to the approval of the City Engineer, from the City's franchise solid waste collection service provider (Recology) confirming serviceability and site accessibility of the solid waste pickup as designed and shown on the project plans. Contact Recology at 408-842-3358. (PUBLIC WORKS) 92. CLEAN, INSPECT AND REPAIR SANITARY SEWER — The applicant is required to evaluate the conditions of the existing Sewer Lines along the project frontage by videotaping and providing the result to the City Engineer. The applicant shall clean and inspect (via remote TV camera) the mainline sewer from the manhole upstream to the manhole downstream of the project lateral connection, or the sewer lateral the project is connecting to if not connecting directly to the sewer main. The video inspection shall be done by a professional sanitary sewer video inspection company, to City Standards, and be completed prior to building permit issuance. The video of the inspection shall be reviewed with the Department of Public Works and any cracked or broken areas of the line along the project frontage shall be repaired by the applicant at his expense. If the integrity of existing utilities found to be compromised, applicant will be required to repair, or remove and replace if necessary, to the approval of the City Engineer. The required repairs (spray foam-RazoRooter or flushing, or removal of roots, or replacement), as determined by the City Engineer, shall appear on the improvement plans submitted by the applicant for permit plan check. All necessary repairs to the sewer shall be completed and approved prior to connection of the project lateral to the City sewer system. (PUBLIC WORKS) 93. CLEAN, INSPECT AND REPAIR STORM LINE — The applicant is required to evaluate the conditions of the existing Storm Lines along the project frontage by videotaping and providing the result to the City Engineer. The applicant shall clean and inspect (via remote TV camera) the storm line from the manhole upstream to the manhole downstream of the project area. The video inspection shall be done by a professional video inspection company, to City standards, and be completed prior to building permit issuance. The video of the inspection shall be reviewed with the Department of Public Works and any cracked or broken areas of the line along the project frontage shall be repaired by the applicant at his expense. If the integrity of existing utilities found to be compromised, applicant will be required to repair, or remove and replace if necessary, to the approval of the City Engineer. The required repairs, as determined by the City Engineer, shall appear on the improvement plans submitted by the applicant for permit plan check. All necessary repairs to the storm line shall be completed and approved prior to connection from the project site. (PUBLIC WORKS) 94. UNDERGROUND FRONTAGE UTILITY LINES — The applicant must underground all overhead utilities, and remove all related utility poles, along the project frontage from utility pole to utility pole. The applicant shall also remove all existing underground utilities no longer being used along the project frontage. -30- RESOLUTION NO. 21-16 The applicant shall be responsible for the coordination with all utility companies existing on the poles and coordinate for their undergrounding or relocation as necessary so that the project frontage is free from utilities to the approval of the City Engineer. The applicant shall submit plans for this undergrounding work with the civil plans submitted with the first building permit. Permitting for this undergrounding work shall occur prior to the issuance of the first building permit unless otherwise approved by the City Engineer. (PUBLIC WORKS) 95. OVERHEAD UTILITY CLEARANCE — For projects that have overhead utility lines on -site that travel over new buildings, the applicant shall obtain a letter from the utility company indicating that there is adequate overhead clearance from the utility to the proposed building. The letter shall be submitted with the first set of improvement plans submitted. The plans shall show the existing utility pole, any necessary proposed pole protection (including overhead clearance warning identification), and shall be confirmed satisfactory with the utility company. The letter shall be to the approval of the City Engineer. (PUBLIC WORKS) 96. DRAINAGE — Drainage designed into landscaping with the purpose of reducing volume or improving quality of runoff from the site shall be implemented according to the requirements of the Stormwater Management Guidance Manual for Low Impact Development & Post Construction Requirements (June 2015) and shall also be, subject to the approval of the City Engineer. Where necessary, sidewalk drains per the City Standard Drawing shall be provided to direct the water under the sidewalk and through the curb. No increase to the peak discharge shall be permitted downstream. In addition, discharge must conform to any non -point source permit issued by the Regional Water Quality Control Board. Drainage improvements made on -site shall conform to standard engineering practices and shall not allow any site drainage to impact adjacent properties. All drainage capacity calculations shall be performed by a licensed Civil Engineer, whose signed engineer's stamp shall appear on the calculations sheets, and shall be submitted to the City for review and approval with the project civil plans. For projects that include permanent structural controls for water quality protection, the O&M (operation and maintenance) procedures for such control features shall be submitted in a site -specific Stormwater Control Plan (SWCP) which shall be reviewed and approved prior to occupancy. A formal O&M Agreement shall specify the owner's responsibility to ensure their ongoing effective operation and maintenance. Such O&M responsibility requirements shall be recorded on the property deed. All offsite water entering the site must be managed by each lot. No stormwater shall be directed outside of the lot, including overland flow to the top of creek bank. Final design shall comply with all Conditions of Approval and comments by Valley Water. If the project is proposing to connect to an existing storm drain system within or -31- RESOLUTION NO. 21-16 downstream from the site, the design engineer shall provide calculations with the final design plans to demonstrate that the downstream drainage system has adequate capacity to accommodate the additional site flows being added to the system for the design storm per City Standards. The calculations shall be to the approval of the City Engineer prior to the issuance of the first building permit. (PUBLIC WORKS) 97. STORMWATER MANAGEMENT — At Developer's sole expense, Developer shall submit results from a third -party review of the project's stormwater design. The results shall confirm that the project is complying with requirements set in the City of Gilroy Stormwater Management Guidance Manual for Low Impact Development and Post -Construction Requirements. (PUBLIC WORKS) 98. SITE LANDSCAPING COORDINATION — The site landscaping needs to be coordinated between the stormwater treatment area and the overall site landscaping plan area. The landscaping within the stormwater treatment area will not count towards the site landscaping requirement. Stormwater treatment areas should be identified on the site first, and then site landscaping to make sure the correct plant material is identified for each area. Some site landscaping plant material may not be suitable in stormwater treatment areas due to the nature of the facility. Sewer facilities shall not be aligned through stormwater treatment facilities. It is the applicant's responsibility to coordinate the civil stormwater treatment facilities and the plans from the project landscaper. (PUBLIC WORKS) 99. PARKING LOTS — The applicant shall submit plans for all required off-street parking lots showing proper grading, drainage, ramps profile, and parking dimensions in conformance with City parking standards. The plans shall be approved by the City Engineer prior to the issuance of the first City permits. (PUBLIC WORKS) 100 BICYCLE PARKING — The applicant shall provide both long-term bicycle lockers and short-term bicycle racks on -site, as shown on the approved site plan, to the approval of the City Engineer. (PUBLIC WORKS) 101 DELIVERY TIMES — The applicant shall prepare and submit a final transportation plan showing the expected site trips (both entering and exiting) during a typical 24- hour period. The final transportation plan shall be substantially consistent with the trip generation assumptions of the project's traffic study (Project Garlic Delivery Station Transportation Analysis, prepared by Hexagon Transportation Consultants, Inc., dated May 26, 2021). Project operations must substantially comply with the final transportation plan. To verify compliance, the City may conduct a driveway count at the project site on a typical day within 12 months after issuance of the final certificate of occupancy. The applicant may also conduct its own traffic count on a typical day within 60 days of the City's count. Should the average of the two counts differ significantly from the trip requirements of the final transportation plan, then the City may require the applicant to take corrective -32- RESOLUTION NO. 21-16 action. In this scenario, the applicant in its discretion may (i) modify project operations to come into compliance with the final transportation plan; (ii) seek approval of a modification to the final transportation plan and/or other relevant project approvals, which modifications shall be subject to review and approval by the City Engineer and Planning Director; or (iii) provide funding for Hexagon (or the City's current traffic consultant) to prepare an additional traffic study to more fully determine the consistency of actual project operations with the LOS analysis in the initial Hexagon study. Any additional traffic study shall review only the City of Gilroy intersections studied in the initial Hexagon study, shall be fully funded by the project applicant, and shall be approved by the City Engineer and Planning Director. In no event shall the applicant be required to contribute to additional transportation improvements except to the extent that the additional traffic study shows that excess traffic generated by the project has caused peak -hour level of service failures at studied intersections. (PUBLIC WORKS) 102 ADDRESS PLAN — The applicant shall submit to the Public Works Department a final address plan. Said submittal shall be approved by the City Engineer prior to the submittal of plans for any demolition permit, building permit, or site development permit and shall be satisfied prior to issuance of whichever permit is issued first. (PUBLIC WORKS) 103 PERMITS REQUIRED BY OTHER AGENCIES — The applicant shall obtain all applicable permits from federal, state, and local agencies as required to construct the proposed improvements. The applicant is hereby informed that permits may be required by one (1) or more of the following: Army Corps of Engineers, UPRR, Fish and Wildlife, Regional Water Quality Control Board, Santa Clara County Roads and Airports, Santa Clara Valley Water District or Habitat Permit. If project is within jurisdiction of any of these agencies, verification of permit or waiver of permit must be given to the Public Works Department prior to issuance of any required City permits. If the City is required to be a party to the permit application and a fee is required, the applicant shall reimburse the City for its cost. A copy of these permits shall be provided, to the satisfaction of the City Engineer, prior to the issuance of the building permit. A portion of Lower Miller Slough runs though the site. Developer shall obtain any permitting necessary by local, state, or federal agencies related to any work within, near, or adjacent with Lower Miller Slough ("the AG ditch"). A copy of these permits shall be provided, to the satisfaction of the City Engineer, prior to the issuance of the building permit. (PUBLIC WORKS) 104 CALTRANS PERMIT — Prior to the issuance of the first foundation building permit, the applicant must submit evidence to the Public Works Department of approval by the State of California for the performance of any work within the State right-of-way. If the City is required to be a party to the permit application and a fee is required, the applicant shall reimburse the City for its cost. The Applicant is -33- RESOLUTION NO. 21-16 encouraged to contact the Caltrans permit office as soon as possible to learn what is required to obtain Caltrans approval and issuance of a State Encroachment Permit. (PUBLIC WORKS) 105 STREET TREE DEVELOPMENT IMPACT FEE — The applicant shall pay a fee to prove funding towards additional tree planting in the City. The fee is based on the amount of added hardscape the project is adding. The estimated impact fee, based on the approved plans, is $252. This fee is only an estimate. The actual impact fee will be calculated based on building permit plans submitted, and the fees approved by the City Council in place at the time of the building permit submittal. The fee shall be collected by the Public Works Department and paid prior to issuance of the first building permit. (PUBLIC WORKS) 106 STORM DEVELOPMENT IMPACT FEE — The applicant shall pay a fee proportional to the project's share of storm drainage flowing off -site, and shall be used to enhance the City's storm drainage system based on the recommendations of the adopted Storm Drainage Master Plan. The estimated impact fee, based on the approved plans, is $39,625. This fee is only an estimate. The actual impact fee will be calculated based on building permit plans submitted, and the fees approved by the City Council in place at the time of the building permit submittal. The fee shall be collected by the Public Works Department and paid prior to issuance of the first building permit. (PUBLIC WORKS) 107 SANITARY SEWER DEVELOPMENT IMPACT FEE — The applicant shall pay a fee proportional to the project's share of the increase amount of sewage generated by the project, which shall be used to enhance the City's sewer system based on the adopted Sewer Master Plan. The estimated impact fee, based on the approved plans, is $694,788. This fee is only an estimate. The actual impact fee will be calculated based on building permit plans submitted, and the fees approved by the City Council in place at the time of the building permit submittal. The fee shall be collected by the Public Works Department and paid prior to issuance of the first building permit. At first improvement plan submittal, applicant's engineer shall submit a calculation for sanitary sewer and water generation per the City's Master Plan design criteria. The fee shall be collected by the Public Works Department and paid prior to issuance of the first building permit. (PUBLIC WORKS) 108 WATER DEVELOPMENT IMPACT FEE — The applicant shall pay a fee proportional to the project's share of impact to the City's water system, and the water needs of the development. The fee shall be used to fund improvements identified in the City's Water Master Plan. The estimated impact fee, based on the approved plans, is $189,133. This fee is only an estimate. The actual impact fee will be calculated based on building permit plans submitted, and the fees approved by the City Council in place at the time of the building permit submittal. At first improvement plan submittal, applicant's engineer shall submit a calculation for water generation per the City's Master Plan design criteria. The fee shall be -34- RESOLUTION NO. 21-16 collected by the Public Works Department and paid prior to issuance of the first building permit. (PUBLIC WORKS) 109 TRANSPORTATION IMPROVEMENT FEE — The applicant shall pay a fee proportional to the project's share of transportation improvements needed to serve cumulative development within the City of Gilroy. The funds shall be used to fund improvements identified in the City Traffic Circulation Master Plan. The estimated impact fee, based on the approved plans, is $782,994. This fee is only an estimate. The actual impact fee will be calculated based on building permit plans submitted, and the fees approved by the City Council in place at the time of the building permit submittal. The fee shall be collected by the Public Works Department and paid prior to issuance of the first building permit. (PUBLIC WORKS) 110 PUBLIC FACILITIES IMPACT FEE — The applicant shall pay a fee proportional to the project's share of the increase to the use of City Public facilities. The estimated impact fee, based on the approved plans, is $207,234. This fee is only an estimate. The actual impact fee will be calculated based on building permit plans submitted, and the fees approved by the City Council in place at the time of the building permit submittal. The fee shall be collected by the Public Works Department and paid prior to issuance of the first building permit. (PUBLIC WORKS) 111 CONSTRUCTION NOTICING — At least one week prior to commencement of any on or off -site work, the applicant shall post at the site, and to property owners 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. Noticing shall be provided in both English and Spanish. The notice shall be submitted for review to the approval of the City Engineer two weeks prior to the issuance of the building permit. (PUBLIC WORKS) THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO THE APPROVAL OF THE FINAL MAP OR PARCEL MAP, OR IF ANOTHER DEADLINE IS SPECIFIED IN A CONDITION, AT THAT TIME 112 DRIVEWAY ACCESS EASEMENT — The applicant or owner shall dedicate reciprocal driveway ingress and egress easements, as delineated on the approved plans. Said easements shall be approved by both affected property owners. The easements shall be approved by the City Engineer, recorded with the County Recorder's Office, and a -35- RESOLUTION NO. 21-16 recorded copy of the document returned to the City prior to the release of the first building permit. The easement may also be designated on any associated parcel or subdivision map. (PUBLIC WORKS) 113 PARCEL MAP — It shall be the applicant's responsibility to have a parcel map, prepared by a person authorized to practice land surveying in California, delineating all parcels created or deleted and all changes in lot lines in conformance with the Gilroy Municipal Code. The parcel map shall be approved by the Department of Public Works and recorded with the County Recorder's Office prior to the issuance of any City permits. A parcel map guarantee shall be submitted to the City, by the applicant's title company, prior to release of the parcel map to the title company for recordation. Prior to the City's release of the parcel map to the title company, the applicant may, at the discretion of the City Engineer, be required to submit to the City an electronic copy of the map in the AutoCAD Version being used by the City at the time of recordation. It is the applicant's responsibility to check with their title company and the County Recorder's Office to determine the time necessary to have the map recorded after City approval. As part of Phase 1 of this project, a Parcel Map shall be completed to subdivide all future lots. Said Parcel map will be presented to the City Council for review and action. The City Council meeting will be scheduled approximately fifty (50) days after the Parcel Map is deemed technically correct, and Subdivision Improvement Plans with supporting documents, reports and agreements are approved by the City. Developer shall dedicate necessary right of way and public easements for the project development. All private easements shall be recorded, and the recording information shown on the parcel map. Prior to Parcel Map approval, all required Private Easements for lot 1, 2, & 3 shall either be recorded by separate instrument, or be shown on the Parcel Map. (PUBLIC WORKS) 114 PROPERTY IMPROVEMENT AGREEMENT (PIA) — The applicant shall enter into a public improvement agreement with the City per Gov. Code Section 66462(a), and shall arrange to provide Payment and Performance bonds each for 100% of the cost of public infrastructure improvements to be constructed in the public right- of-way. These improvements shall include, but not be limited to, roadway construction, sidewalk, curb and gutter, water lines, storm lines, sewer lines, street lights, and signal equipment. City Standard insurance shall be provided per the terms of the agreement. The agreement will be forwarded to the City Council for approval with project parcel map. The PIA shall be approved by the City Council prior to the issuance of the project building permit. (PUBLIC WORKS) 115 MONUMENTS — The applicant shall arrange for the engineer to have all monuments set per the recorded final map. A certificate letter by the Surveyor or -36- RESOLUTION NO. 21-16 Engineer will be provided to the City Engineer. (PUBLIC WORKS) THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO RELEASE OF UTILITIES, FINAL INSPECTION, OR ISSUANCE OF A CERTIFICATE OF OCCUPANCY, WHICHEVER OCCURS FIRST, OR IF ANOTHER DEADLINE IS SPECIFIED IN A CONDITION, AT THAT TIME. 116 ELEVATION CERTIFICATE — An elevation certificate per FEMA requirements must be complete by a Land Surveyor or Civil Engineer. The elevation certificate shall be submitted, to the approval of the City Engineer, prior to the first building occupancy. (PUBLIC WORKS) 117 RECORD DRAWINGS — The applicant shall submit one full set of original record drawings and construction specifications for all off -site improvements to the Department of Public Works. All underground facilities shall be shown on the record drawings as constructed in the field. The applicant shall also provide the City with an electronic copy of the record drawings in the AutoCAD Version being used by the City at the time of completion of the work. The applicant shall also submit an AutoCAD drawing file of all consultants composite base map linework showing all public improvements and utility layouts. This condition shall be met prior to the release of utilities, final inspection, or issuance of a certificate of occupancy, whichever occurs first. (PUBLIC WORKS) 118 PAVEMENT RESTORATION — HAUL ROUTE — Due to construction activities, new utility cuts along the project frontage, and the anticipated project construction truck traffic, the applicant shall grind and overlay with 0.2 feet of asphalt concrete the roadways anticipated to be damaged as a result of construction activities within the general area of the project or along the designated haul route. For this project, the pavement restoration shall include all of Camino Arroyo between the Hwy. 152 intersection and the construction driveway entrance on Camino Arroyo. Restoration also includes dig -out and repair of any failed sections of roadway along Camion Arroyo as deemed necessary. Repair of failed sections shall be marked out by the City inspector, and shall be made prior to the grind and overlay activities. The City Engineer shall approve the roadway repair prior to the release of utilities, final inspection, or issuance of a certificate of occupancy, whichever occurs first. (PUBLIC WORKS) 119 PAVEMENT RESTORATION — RENZ LANE — The applicant has indicated that all future semi -truck site deliveries will use Renz Lane to access the site. Renz Lane is not designed to withstand this heavy amount of truck traffic. Therefore, the applicant shall reconstruct or overlay Renz Lane to accommodate a Traffic Index (TI) of 10. These improvements shall be for the entire length of Renz Lane from -37- RESOLUTION NO. 21-16 the intersection of Camino Arroyo. Design of these improvements shall be to the approval of the City Engineer. (PUBLIC WORKS) 120 STORMWATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT — The applicant shall execute a Stormwater Management Facilities Maintenance Agreement with the City Engineer as specified in Chapter 7.39.210-230 of the Stormwater Management and Discharge Control ordinance. The agreement shall outline the operation and maintenance (O&M) plan for the permanent storm water treatment facilities. The City -Standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. The agreement shall include the following: a. 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. b. 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. c. Any repairs or restoration/replacement and maintenance shall be in accordance with City -approved plans. d. 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. This agreement shall be executed prior to the first occupancy of the building. (PUBLIC WORKS) 121 STORMWATER MANAGEMENT FACILITIES INSPECTION — The Stormwater Management Facilities Maintenance Agreement work shall require inspections be performed which shall adhere to the following: a. To comply with the State Stormwater requirements and the NPDES permit, the applicant shall secure a QSD or QSP to maintain all erosion control and BMP measures during construction. The applicant's QSD or QSP shall provide the City weekly inspection reports to the approval of the City Engineer. b. Stormwater facility inspections shall be done at least twice per year, once in Fall by October 1st, in preparation for the wet season, and once in Winter by March 15th. Written records shall 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; -38- RESOLUTION NO. 21-16 6. Description of any needed maintenance or repairs; and 7. As applicable, the need for site re -inspection. c. 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. d. Before commencing any grading or construction activities, the applicant shall obtain a National Pollutant Discharge Elimination System (NPDES) permit and provide evidence of filing of a Notice of Intent (NOI) with the State Water Resources Control Board. e. The applicant is responsible for ensuring that all contractors are aware of all storm water quality measures and implement such measures. Failure to comply with the approved construction BMPs will result in the issuance of correction notices, citations or a project stop order. f. Sequence of construction for all stormwater facilities (bioswales, detention/ retention basins, drain rock, etc.) shall be done toward final phases of project to prevent silting of facilities and reduce the intended use of the facilities. g. Prior to final inspection, all stormwater facilities will be tested by a certified QSP or QSD to meet the minimum design infiltration rate. All tests shall be made at on 20 ft x 20ft grid pattern over the surface of the completed stormwater facility unless otherwise approved by the City Engineer. h. All soil and infiltration properties for all stormwater facilities shall be evaluated by the geotechnical engineer. Percolation tests (using Double Ring lnfiltrometer Testing with appropriate safety factors) at horizontal and vertical (at the depth of the stormwater facility) shall be conducted for each stormwater facility. A 50% safety factor shall be applied to the calculated percolation test and shall be used as the basis for design (the design percolation rate). The geotechnical report shall include a section designated for stormwater design, including percolation results and design parameters. i. All stormwater facilities for future lots shall be owned and maintained by the property owner. (PUBLIC WORKS) 122 REGIONAL BOARD STORMWATER REVIEW — This project may be subject to an audit by the Central Coast Regional Board. City may be required to provide the project stormwater design and storm water management plan for Regional Board review and comment. Prior to building permit issuance, the project shall receive approval or acknowledgment by the Regional Board. The project may need to provide the Regional Board any and all necessary documents (including reports, technical data, plans, etc.) for the Regional Board approval. (PUBLIC WORKS) THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH AT ALL TIMES DURING THE CONSTRUCTION PHASE OF THE PROJECT, OR IF ANOTHER -39- RESOLUTION NO. 21-16 DEADLINE IS SPECIFIED IN A CONDITION, AT THAT TIME 123 PUBLIC WORKS CONSTRUCTION ACTIVITIES — The City shall be notified at least ten (10) working days prior to the start of any construction work associated with Public Works Engineering inspections, and at that time the contractor shall provide a project construction and phasing schedule, and a 24-hour emergency telephone number list. The schedule shall be in Microsoft Project, or an approved equal, and shall identify the scheduled critical path for the installation of improvements to the approval of the City Engineer. The schedule shall be updated weekly. The approved construction and phasing schedule shall be shared with Gilroy Unified School District (GUSD) to avoid traffic impacts to surrounding school functions. An approved construction information handout(s) shall also be provided to GUSD to share with school parents. (PUBLIC WORKS) a. All work shown on the improvement plans shall be inspected to the approval of the City Engineer as applicable. Uninspected work shall be removed as deemed appropriate by the City Engineer. b. Construction activities related to the issuance of any Public Works permit shall be restricted to the weekday between 7:00 a.m. and 7:00 p.m., Saturday 9:00 a.m. to 7:00 p.m. for general construction activities. No work shall be done on Sundays and on City Holidays unless otherwise approved by the City Engineer. Please note that no work shall be allowed to take place within the City right-of-way after 5:00 p.m. Monday through Friday. In addition, no work being done under the issuance of a Public Works encroachment permit may be performed on the weekend unless prior approvals have been granted by Public Works. The City Engineer may apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. Signs outlining the project construction times shall be posted at conspicuous locations on site where it is visible to the public. The signs shall be per the City Standard Drawing for posting construction hours. The sign shall be kept free of graffiti at all times. Contact the Public Works Department to obtain sample City Standard sign outlining hours of operation. c. The allowed hours of Public Works construction activities may be waived or modified through an exemption, for limited periods, if the City Engineer finds that the following criteria are met: i. Permitting extended hours of construction will decrease the total time needed to complete the project thus mitigating the total amount of noise associated with the project as a whole; -40- RESOLUTION NO. 21-16 or, ii. Permitting extended hours of construction are required to accommodate design or engineering requirements, such as a large concrete pour. Such a need would be determined by the project's design engineer and require approval of the City Engineer. iii. An emergency situation exists where the construction work is necessary to correct an unsafe or dangerous condition resulting in obvious and eminent peril to public health and safety. If such a condition exists, the City may waive any of the remaining requirements outlined below. iv. The exemption will not conflict with any other condition of approval required by the City to mitigate significant impacts. v. The contractor or owner of the property will notify residential and commercial occupants of property adjacent to the construction site of the hours of construction activity which may impact the area. This notification must be provided three days prior to the start of the extended construction activity. vi. The approved hours of construction activity will be posted at the construction site in a place and manner that can be easily viewed by any interested member of the public. vii. The City Engineer may revoke the exemption at any time if the contractor or owner of the property fails to abide by the conditions of exemption or if it is determined that the peace, comfort and tranquility of the occupants of adjacent residential or commercial properties are impaired because of the location and nature of the construction. The waiver application must be submitted to the Public Works Construction Inspector ten (10) working days prior to the requested date of waiver. d. The following provision to control traffic congestion, noise, and dust shall be followed during site excavation, grading and construction: i. All construction vehicles should be properly maintained and equipped with exhaust mufflers that meet State standards. ii. 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 -41- RESOLUTION NO. 21-16 disturbed soils as soon as possible. iii. 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. iv. Watering on public streets, and wash down of dirt and debris into storm drain systems will not be allowed. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Construction Inspector, or at 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. Recycled water shall be used for construction watering to manage dust control where possible, 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. Where recycled water is not available potable water shall be used. All potable construction water from fire hydrants shall be metered and billed at the current portable fire hydrant meter rate. v. 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 Construction Inspector. vi. Construction grading activity shall be discontinued in wind conditions that in the opinion of the Public Works Construction Inspector cause excessive neighborhood dust problems. vii. Site dirt shall not be tracked into the public right-of-way, and shall be cleaned immediately if done, or the project may risk being shut down. Mud, silt, concrete and other construction debris shall not be washed into the City's storm drains. viii. Construction activities shall be scheduled so that paving and foundation placement begin immediately upon completion of grading operation. ix. All aggregate materials transported to and from the site shall be covered in accordance with Section 23114 of the California -42- RESOLUTION NO. 21-16 Vehicle Code during transit to and from the site. x. Prior to issuance of any permit, the applicant shall submit any applicable pedestrian or traffic detour plans, to the satisfaction of the City Engineer, for any lane or sidewalk closures. The traffic control plan shall be prepared by a licensed professional engineer with experience in preparing such plans. The Traffic Control Plan shall be prepared by a licensed engineer in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices (MUTCD) and standard construction practices. The Traffic Control Plan shall be approved prior to the commencement of any work within the public right-of-way. xi. During construction, the applicant shall make accessible any or all City utilities as directed by the City Engineer. xii. The minimum soils sampling and testing frequency shall conform to Chapter 8 of the Caltrans Construction Manual. The applicant shall require the soils engineer submit to daily testing and sampling reports to the City Engineer. 124 PROJECT CLOSE-OUT — Prior to City acceptance of all tract subdivision and property improvement agreements, the applicant shall comply with all City construction close-out procedures to the approval of the City Engineer. Refer to the City's website for a copy of these procedure. Prior to final inspections, all pertinent conditions of approval and all improvements shall be completed to the satisfaction of the Planning Director and City Engineer. A letter indicating that all project conditions have been met shall be submitted prior to the first occupancy. All public improvements, including the complete installation of all improvements relative to streets, fencing, sanitary sewer, storm drainage, water system, underground utilities, etc., shall be completed and attested to by the City Engineer before approval of occupancy of any unit. Where facilities of other agencies are involved, such installation shall be verified as having been completed and accepted by those agencies. In addition, the applicant shall submit a detailed project cost estimate of all public improvements constructed on -site and within the public right-of-way. The cost estimate shall be prepared by the project engineer, and be to the approval of the City Engineer. The cost estimate shall be broken out into on -site and off -site improvements based on the format provided by the City. Until such time as all improvements required are fully completed and accepted by City, the applicant shall 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 -43- RESOLUTION NO. 21-16 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 applicant. (PUBLIC WORKS) 125 HOLIDAY CONSTRUCTION MORATORIUM — Due to concerns for businesses within the vicinity of the Gilroy Outlets and within the Downtown area during the holiday season (November 20 to January 1), there shall be no construction activities within the right-of-way which would create lane closures, eliminate parking, create pedestrian detours, or other activities that may create a major disturbance as determined by the City Engineer. This prohibition shall apply to Leaysley Road east of US101, and Camino Arroyo in the vicinity of both the Gilroy Outlets and the Walmart/Costco/Lowes area. For the Downtown, the prohibition shall be along Monterey Road between 4th Street and 8th Street, and for one block east and west of Monterey in the specified restricted zone. (PUBLIC WORKS) 126 MATERIAL HAULING ROUTE AND PERMIT — For material delivery vehicles equal to, or larger than two -axle, six -tire single unit truck (SU) size or larger as defined by FHWA Standards, the applicant shall submit a truck hauling route and receive a haul permit that conforms to City of Gilroy Standards to the approval of the City Engineer. Note that the City requires a Haul Permit be issued for any hauling activities. The project sponsor shall require contractors to prohibit trucks from using "compression release engine brakes" on residential streets. The haul route for this project shall be: Ingress — Hwy 101 to Hwy 152 to Camino Arroyo to Site. Egress — Site to Hwy 152 to US101. A letter from the applicant confirming the intention to use this hauling route shall be submitted to the Department of Public Works, and approved, prior to the issuance of any City permits. All material hauling activities including but not limited to, adherence to the approved route, hours of operation, staging of materials, dust control and street maintenance shall be the responsibility of the applicant. All storage and office trailers will be kept off the public right-of-way. Tracking of dirt onto City streets and walks will not be allowed. The applicant must provide an approved method of cleaning tires and trimming loads on -site. Any job -related dirt and/or debris that impacts the public right-of-way shall be removed immediately. No wash down of dirt into storm drains will be allowed. All material hauling activities shall be done in accordance with applicable City ordinances and conditions of approval. Mud, silt, concrete and other construction debris shall not be washed into the City's storm drains. Violation of such may be cause for suspension of work. (PUBLIC WORKS) 127 CONSTRUCTION WORKER PARKING — The applicant shall provide a construction -parking plan that minimizes the effect of construction worker parking -44- RESOLUTION NO. 21-16 in the neighborhood and shall include an estimate of the number of workers that will be present on the site during the various phases of construction and indicate where sufficient off-street parking will be utilized and identify any locations for off - site material deliveries. Said plan shall be approved by the City Engineer prior to issuance of City permits and shall be complied with at all times during construction. Failure to enforce the parking plan may result in suspension of the City permits. No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the City Engineer (§15.40.070). (PUBLIC WORKS) 128 SITE WATER DISCHARGE — In accordance with the City's Municipal Code, Prohibition of Illegal Discharges (Gilroy Municipal Code Section 27C.7), the City Engineer may approve the discharge of uncontaminated pumped ground waters to the sanitary sewer only when such source is deemed unacceptable by State and Federal authorities for discharge to surface waters of the United States, whether pretreated or untreated, and for which no reasonable alternative method of disposal is available. Following the verification of the applicable local, state and/or federal approvals, a Discharge Plan will be approved and monitored by the City Engineer. (PUBLIC WORKS) THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH AT ALL TIMES THAT THE USE PERMITTED BY THIS ENTITLEMENT OCCUPIES THE PREMISES 129 POST CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP) — In accordance with Gilroy Municipal Code Chapter 27D Post Construction Storm Water Pollution Prevention all projects that meet the criteria described in the Storm Water Guidance Manual for Low Impact Development and Post - Construction Requirements shall prepare a storm water control plan (SWCP) and shall meet the requirements of the design standards and selection of best management practices and shall be selected and designed to the satisfaction of the City Engineer or designee. Requirements shall include: a. Owner/occupant shall inspect private storm drain facilities at least two (2) times per year and sweep parking lots immediately prior to and once during the storm season. b. The applicant shall be charged the cost of abatement for issues associated with, but not limited to, inspection of the private storm drain facilities, emergency maintenance needed to protect public health or watercourses, and facility replacement or repair in the event that the treatment facility is no longer able to meet performance standards or has deteriorated. Any abatement activity performed on the applicant's property by City staff will be charged to the applicant at the City's adopted hourly rate. c. Label new and redeveloped storm drain inlets with the phrase "No Dumping -45- RESOLUTION NO. 21-16 — Drains to Bay" plaques to alert the public to the destination of storm water and to prevent direct discharge of pollutants into the storm drain. Template ordering information is available at www.flowstobay.orq. d. All process equipment, oils fuels, solvents, coolants, fertilizers, pesticides, and similar chemical products, as well as petroleum based wastes, tallow, and grease planned for storage outdoors shall be stored in covered containers at all times. e. All public outdoor spaces and trails shall include installation and upkeep of dog waste stations. f. Garbage and recycling receptacles and bins shall be designed and maintained with permanent covers to prevent exposure of trash to rain. Trash enclosure drains shall be connected to the sanitary sewer system. (PUBLIC WORKS) -46- RESOLUTION NO. 21-16 Attachment B 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. 1 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), 2 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 3 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: 4 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. 5 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 6 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 7 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. 8 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: 9 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: 10 ■ 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 11 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: 12 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. 13 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 14