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.
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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
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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).
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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
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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.
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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
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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
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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.
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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
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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.
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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
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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;
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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
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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
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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.
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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
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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
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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)
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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
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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.
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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)
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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
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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.
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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
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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
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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-
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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;
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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
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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;
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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
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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
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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
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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
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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
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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)
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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
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process; however, the following mitigation measures were agreed to among the parties.
These mitigation measures are in addition to the City's standard conditions of approval
addressing the unexpected discovery of historic resources, unique archaeological resources,
and Native A rican remains.
Mitigation Measure
TC-1
TC-2
The applicant shall contract with a qualified Archaeologist or Native A rican
Monitor to conduct Cultural Sensitivity Training prior to the start of grading and
construction activities. The applicant shall provide evidence that the training has
been conducted, prior to issuance of a grading permit, subject to review and
approval by the Planning Division.
The applicant shall contract with a qualified Archaeologist and a qualified Native
A rican Monitor to be present on the project site during ground disturbing
activities, which will assist in minimizing potential effects on potential cultural
resources and ensure inadvertent impacts are mitigated. The applicant shall
provide evidence that the qualified Archaeologist and qualified Native A rican
Monitor will be onsite during ground disturbing activities, prior to issuance of a
grading permit and subject to review and approval by the Planning Division.
The Archaeologist and Native A rican Monitor shall prepare weekly reports
regarding the monitoring activities until ground disturbing activities have been
completed. If tribal resources are discovered during these activities, all work shall
be halted within at least 50 meters (165 feet) of the find and the area shall be
staked off immediately. The Archaeologist and Native A rican Monitor shall
evaluate the find. If the find is determined to be significant, appropriate
mitigation measures shall be formulated by the Archaeologist and Native
A rican Monitor and implemented by the responsible party.
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Step 2 Prior to Issuance of Building Permits
Mitigation Measure
AQ-1 Prior to issuance of building permits, subject to review and approval by the City
Planning Division, the applicant shall provide to the city details of a proposed
vehicle reduction program for future employees of the project utilizing the Bay
Area Commuter Benefits Program, 511.org rideshare program, or other local
commuter benefits program.
Party Responsible for Implementation: Project Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Monitoring Notes:
Mitigation Measure
AQ-2 Prior to issuance of building permits, subject to review and approval by the City
Planning Division, the applicant for any phase shall include on the project plans
the number of electric vehicle (EV) charging stations, dedicated vanpool and
other high -occupancy vehicle (HOV) carpool spaces, bike racks, changing rooms
and/or lockers on site, which would facilitate the use of ride -sharing and bicycles.
Implementation of these measures ensures that the proposed project, as
mitigated, is consistent with the 2017 Clean Air Plan. The proposed project,
therefore, does not have aspects that would interfere with or hinder
implementation of the 2017 Clean Air Plan. Plan consistency related to GHG
emissions is discussed in Section D.7, Greenhouse Gas Emissions, of this initial
study.
Party Responsible for Implementation: Project Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Monitoring Notes:
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Mitigation Measure
GHG-1 If the City of Gilroy has adopted a qualified GHG reduction strategy prior to the
time building permits are issued for the project, the applicant shall have the
option to incorporate applicable GHG reduction measures identified in the GHG
reduction strategy into the proposed project. Applicable measures from the
reduction strategy shall be confirmed by the City of Gilroy. If the Planning
Division finds that the project is consistent with the GHG reduction strategy, the
significant project GHG impact would be reduced to less than significant and no
further mitigation would be required.
If City has not adopted a qualified GHG reduction strategy prior to the time
building permits are issued for the project, the applicant shall implement
mitigation measure GHG-2.
Party Responsible for Implementation: Project Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Monitoring Notes:
Mitigation Measure
GHG-2
Prior to issuance of building permits for the project proposed the applicant shall
prepare a Greenhouse Gas (GHG) Reduction Plan. The GHG Reduction Plan shall
demonstrate, with substantial evidence, that GHG emissions will be reduced to
the year 2022 service population threshold of significance of 4.32 MT CO2e per
year per service population. This would require that the unmitigated project
emissions of 3,173 MT CO2e per year be reduced by 884 MT CO2e per year [3,173
MT CO2e — (4.32 MT CO2e x 530 service population)] to 2,289 MT CO2e.
The GHG Reduction Plan shall prioritize on -site GHG reduction design features.
At a minimum, the Reduction Plan should include the GHG reduction measures
listed below. Other feasible reduction measures may be substituted for the
measures listed below provided that the City of Gilroy Planning Division
Manager finds, based on substantial evidence provided by the applicant, that the
substitute measures achieve an equal or greater volume of emissions reduction.
Additional measures may be added by the applicant. A combination of the
following measures can be included in the Reduction Plan:
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■ Implement the Transportation Demand Management Program strategies
identified in mitigation measure TR-1 in this initial study to reduce VMT and
associated mobile source GH emissions from employee travel.
■ Include sufficient plug-in capabilities for transport refrigeration units, if any,
to eliminate the time that a transportation refrigeration system is powered by
a fossil -fueled internal combustion engine while at the site.
■ Exceed minimum CALGreen Code standards for bicycle parking and bicycle
lockers; parking spaces dedicated for low -emitting, fuel efficient vehicles; and
electric vehicle charging stations.
■ Design buildings to exceed the current 2019 Title 24 energy efficiency
standards by a minimum of five percent.
■ All appliances installed in all buildings shall be Energy Star rated.
■ Exceed higher than mandated parking lot lighting and area lighting energy
efficient standards.
■ Electrify truck loading docks.
In lieu of or in addition to one or more of the on -site measures above, the
applicant may include in the Reduction Plan and take credit for GH reductions
resulting from making direct investments in off -site GH reduction
activities/programs in the vicinity. Examples of direct investments include
building retrofit programs that pay for cool roofs, solar panels, solar water
heaters, smart meters, energy efficient lighting energy efficient windows, and
insulation. Other examples include financing programs for installing electric
vehicle charging stations, electrifying school buses, or planting local urban
forests.
The applicant may choose to retain a qualified air quality / GH professional to
quantify the GH reductions that would result from implementing the Reduction
Plan based on substantial evidence to be included in the Reduction Plan. The
GH reduction measures should be implemented even if their implementation
would result in a GH reduction, but the reduction cannot be reliably quantified.
The GH emissions reduction volume resulting from implementing the
Reduction Plan measures may then be subtracted from the required 884 MT CO2e
per year reduction volume in order to reduce or avoid the significant GH
impact.
If the applicant elects to quantify the GH emissions reductions from on -site
measures and investments in off -site reduction programs and the reductions are
insufficient to reduce project emissions by a minimum of 884 MT CO2e per year
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or more, the applicant may then secure the balance of the required GHG
emissions reduction volume by purchasing and retiring carbon offset credits. The
carbon offset credits shall meet the following performance standards:
■ Carbon offset credits shall be issued by a recognized, reputable and
accredited registry that mandates the use of established protocols for
quantifying and issuing the offset credits. Credits issued based on protocols
approved by CARB should be prioritized. Examples of such registries
include the Climate Action Reserve, American Carbon Registry, and Vierra.
■ The carbon offset credits should be generated from projects developed in the
United States. Credits from projects developed internationally should not be
used unless the applicant demonstrates with substantial evidence that
sufficient carbon offsets from projects in the United States are unavailable.
International offsets must be quantified and issued using established
protocols that are recognized in the United States and that are issued by
recognized, reputable and accredited registries.
• All carbon offset credits purchased to reduce GHG emissions, must meet the
criteria of being real, quantifiable, permanent, verifiable, enforceable, and
additional, consistent with the standards set forth in Health and Safety Code
section 38562, subdivisions (d)(1) and (d)(2).
Prior to issuing building permits for the proposed project, the applicant shall submit
the GHG Reduction Plan for review and approval of the City of Gilroy Planning Division
Manager. The Reduction Plan shall demonstrate that GHG emissions from the project will be
substantially reduced. If on -site design and off -site program investments do not result in
reducing the GHG impact to less than significant, the applicant shall, prior to approval of
occupancy permits, provide documentation in the form of an executed contract or other
certification that the balance of emissions reduction required to reduce the GHG impact to
less than significant has been obtained through purchase of carbon offset credits, subject to
the performance standards listed above.
Party Responsible for Implementation: Project Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Monitoring Notes:
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Step 3 Prior to Issuance of an Occupancy Permit
Mitigation Measure
TR-1 The applicant shall prepare and implement a Transportation Demand
Management (TDM) program to reduce the project's VMT impact to a less -than -
significant level. The TDM measures shall include, but not be limited to, any
combination of the following components, as necessary to which would reduce
the project's VMT impact to less than significant (i.e., below the established
impact threshold of 17.12 miles per job):
a. Telecommuting and Alternative Work Schedule Program (VTA TP08). This
program (compressed work week) allows and encourages employees to
telecommute from home when possible, or to shift work schedules to reduce
vehicle miles traveled.
i. 80% of employees shall be assigned a four day/40-hour work shift.
b. Ridesharing Program and Commuter Benefits (VTA TP11, TP13). This
program matches employees interested in carpooling who have similar
commute patterns. This TDM strategy encourages the use of carpooling,
which reduces the number of vehicle trips and thereby reduces VMT.
i. Employers shall strive to have 20 percent of eligible employees
participate in this program through regular communications and
incentives.
ii. Incentives shall include, but not be limited to, pre-tax benefits.
iii. The applicant shall provide dedicated carpool/vanpool parking spaces
commensurate with the number of employees participating in this
program.
iv. Employers shall provide "Guaranteed Ride Home Services," which
provides employees who regularly (twice a week) carpool, vanpool,
bike, walk or take transit to work with a free and reliable ride home
when one of life's unexpected emergencies arise. Commuters may take
advantage of this service up to four times per year to get home for
unexpected emergencies such as a personal illness or a sick child. This
service can also be used for unscheduled overtime when the employer
mandates working late.
c. Provide transit passes to employees interested in public transit.
i. Transit passes shall off -set at least 25 percent in the participating
employees' transit costs from home to work and back.
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d. The applicant shall provide a minimum of 10 bike racks (in a secure area)
each, for both the phases of the project.
The TDM program shall be prepared prior to issuance of an occupancy permit,
subject to review and approval by the Planning Division and the Public Works
Department. The applicant may suggest substitutions to these measures that are
equally or more effective than the presented measures. The Director of Planning
is authorized to allow an amendment (but is not required to allow such
amendment) to the TDM program upon making written findings, supported by
substantial evidence, that the substituted measure or measures are as effective as
those in the adopted TDM plan and that the amended TDM plan will result in
meeting the above -referenced threshold (17.12 miles per job) for reducing VMT
from the proposed project to a less -than -significant level.
End users of the project shall submit annual monitoring reports to demonstrate
effectiveness.
Party Responsible for Implementation: Project Applicant and End Users
Party Responsible for Monitoring:
Department
Monitoring Notes:
Gilroy Planning Division and Public Works
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