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HomeMy WebLinkAboutResolution 2002-19 RESOLUTION NO. 2002-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 01-04, A TENTATNE MAP TO SUBDIVIDE AN APPROXIMATELY 30 ACRE SITE INTO 13 INDUSTRIAL LOTS LOCATED ON MONTEREY ROAD, SOUTH OF TRAVEL PARK CIRCLE, APNS 840-14-026 AND 840-14-027. WHEREAS, Stan Davis, the applicant, submitted TM 01-04, requesting a Tentative Map to subdivide an approximately 30 acre site into thirteen (13) industrial lots, located on Monterey Road, south of Travel Park Circle; and WHEREAS, the Planning Commission held a duly noticed public hearing on March 7,2002 at which time the Planning Commission considered the public testimony, the Staff Report dated January 25, 2002 and all other documentation related to application TM 01-04, and recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public hearing on March 18, 2002 at which time the City Council considered the public testimony, the Staff Report dated "Revised March 11, 2002" and all other documentation related to application TM 01-04; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City RESOLUTION NO. 2002-19 Council adopted a Negative Declaration on March 18, 2002, finding that the Negative Declaration was completed in compliance with CEQA, that it reflects the independent judgment of the City, and that there is no substantial evidence in the record that the project as mitigated will have a significant effect on the environment; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this project approval is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT: \CDS\547614.1 032202.Q4706002 -1- A. The City Conncil finds as follows: 1. The project is consistent with the land use designation and relevant policies of the General Plan. RESOLUTION NO. 2002-19 2. The project is consistent with the Zoning Ordinance, the City's Subdivision and Land Development Code, and the State Subdivision Map Act. 3. There are no facts to support findings requiring denial of the proposed tentative map pursuant to California Goyernment Code section 66474. 4. There is no substantial evidence in the record that this project as mitigated will have a significant effect on the environment. B. Tentative Map TM 01-04 should be and hereby is approved, subject to the thirty- three (33) conditions attached hereto as Exhibit A, the mitigation/monitoring checklist and the mitigation measures set forth in the Negative Declaration, attached hereto as Exhibit B, all incOIporated herein by this reference. PASSED AND ADOPTED this 1 st day of April, 2002 by the following yote: AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE A~ ) ,'- ~ .hdA~~L~' Rho a Pellin, City Clerk APPROVED: ~ Thomas W. Springer, ICDS\547614.1 032202-04706002 -2- llEXHIEIT P.lI TM 0]-04 4 0J/25/02 Revised 03/11102 STAFF RECOMMENDA T10~S: Staff recommends that the Planning Commission forward a recommendation of approval for the subject tentative map request with 15 conditions to the City Council for the following reasons: #1. The proposed Tentative Map is substantially consistent with the land use designation for the property on the General Plan map (GENERAL INDUSTRIAL); #2. The Tentative Map proposal is generally consistent with the iment of the goals and policies of the City's General Plan document; #3. Public utilities and infrastructure improvements needed in order to serve the proposed project are located in close proxllnity to the project site; #4. There will be no significant environmental impacts as a result of this project due to the required mitigation measures to be applied; and #6. The proposed subdivision is consistent with minimum requirements of the State of California Subdivision Map A Cl and with the City of Gilroy Subdivisions and Land Development Code. In addition, staff recommends that the following conditions of approval apply to this reqnest; I. MITIGATIQN MEASURES #1 THROUGH #14, contained within the Negative Declaration, shall be applied 10 the approval of the project in order to reduce and/or mitigate all potential significant impacts 10 a level of insignificance, as required under the California Environmental Quality Act (CEQA). 2. All public sewer lines, storm drains, and wat er lines which traverse through private parcels shall be within access/utility ea5ements, subject to the review and approval of the Engineering Division_ 3. Prior 10 any conslruction of the utilities in the field, the applicant and/or developer shall submit the following ilems to the City Engineering Division for review and approval: a. A signed and PG&E-approved original electric plan: and b. A Jener from the design Civil Engineer which states that electrical plans conform with City Codes and Standards, and with the approved subdivision improvement plans. 4. All grading operations and soil compaction activities shall be per the approved soils report, subject 10 review and approval by the Engineering Division. 5. All exiSling water wells shall be sealed to meet the approval oftbe City Engineer and the SanW Clara Valley Water District (SCYWD) 6. The developer shall implement and follow the Santa Clara Valley Urban Runoff Pollution Prevention Program's recommended Best Management Practices (BMP) for conSlruction activities, as contained in the Califomia SlOrm WOIer ConSTruCTion EMP Handbook, suh,iectlO review and approval by the Engineering Division_ TM 01-04 5 0]/25/02 Revi~ed 03/11102 7. The following stonn drain j"ues must be approved by the Engineering Division: a. The stonn drain collection sYSlem in the public street shall be designed so no sheet flow crosses into private land; b. The storm drain system will not be approved by the Engineering Division until the separator system has been approved by the Chemical Control Division; and c. The ] O-year flood shall be contained in the basin and piping. Ponding shall not occur in the parking Jots during a ] 0- year event. The basin shall be sized and designed so that the lO-year flood event does not surface in the parking lot. 8. The developer shall provide full Slreet, curb, gutter, sidewalk, and electrolier improvements, subject to the review and approval of the Community Development Department. 9. For any necessary off-site dedications and/or ea'ements to the City of Gilroy required by the roadway and/or utility main design, the developer shall pay all the costs of any land purchase for the ultimate right-of-way and easements. The developer shall, within 21 days after City Council approval of the Tentative Map, deposit the estimated cost of all condenmation expenses with theCity of Gilroy's Community Development Department. All costs of the condemnation procedure shall be paid for the developer, All easements and right-of- ways must be dedicated and/or deeded to the City of Gilroy before Final Map approvaL subject to review and approval by the Engineering Division. 10. An appropriate maintenance mechanism shall be established to maintain the detention basin, which serves this project. This maintenance mechanism shall be established before the final map and improvement plans are approved. ] O. Street improvements and the design of all storm drainage, sewer and water lines, and all street sections and widths shall be snbject to the review and approval of Engineering Division. All utilities to, through, and on the site shall be constructed underground, in accordance with Municipal Code Section 21.120, subject to the review and appro\'al of Engineering Division. ] ]. Subdivider shall defend, indemnify, and hold harmless the City, its City Council, Planning Commission, agents, officers, and employees from any claim, action. or proceeding against the City or its City Council, Planning Commi,sion, agents. officers, and employees to attack, set aside, void, or annul an approval of the City, City Council, Planning Commission, or other board, advisory agency, or legislative body concerning this subdivision. City 'will promptly notifY the subdivider of any claim, action. or proceeding against it. and will cooperate fully in the defense. This condition is imposed pursuant to California Government Code Section 66474.9. ]~. An all-\.\'ealher access road. not Jess than 20 feet in width, for fire apparams shall be provided before commencing anv combustible construction. Fire hydrants shall also be installed and maintained before combustible COJ1.'tnlction begins, subject to review and approval by the Building, Life, and Environmental Safety Division. ] 3. Dead-end access roads. in excess of one hundred fifty (150) feet in length, shall enable fire engines 10 mrn around. Turning radii shall not be less than thirty-nine (39) feet, subject to the review and approval of the Building. Life. & Environmental Safety Division. TM 01-04 6 0]/25/02 Re"ised 03/20/02 ]4. Hydrant locations and water main sizing shall be approved by the Building, Life, & Environmental Safety Division, prior to building pennit issuance. ] 5. The developer shall provide street trees in accordance wjth the City's Consolidated Landscaping Policy. subject to review and approval by the Community Services Department. ] 6. The developer shall prepare and fiJe a final map showing all easements and dedications. 17. Prepare improvement plans. in accordance with city standards and requirements, for surface and underground infrastructure. 18. Execute an ]mprovement Agreement with the City. 19. Prepare a grading plan with pad elevations located a minimum of one foot above base flood elevations. 20. All flood plain easements shall be shown on the final improvement plans. 21. The developer must provide for a Valley Transit Authority bus turnout to meet VTA requirements. 22. All development fees as applicable shall be paid prior to approval of the final map. 23. Bonds for improvements shall be posted with the city as required. 24. Provide calculations for storm and sanitary sewer. 25. Provide storm water retention basin along with calculations for sizing facilities. 26. Provide overland release. 27. Remove storm system from back oflots 8 through] 0 and stub storm system to street ends. 28. Certification of Erosion Control Plan is needed prior to October 15"'. 29. Certification of grades and compaction is required prior to paving. 30. Certification of improvements on site plans is required prior to Building final. 3]. ]f the project has excess fill that will he off.hauled to a site within the city limits of Gilroy. an additional pennit is required. 32. All overhead utility facilities within newly constructed public streets shall be placed underground. No utility undergrounding fee shall be required for any frontage of a development project. which is adjacent to a street which will he improved. including utility undergrounding, as a condition of such project. TM 01-04 7 01/25/02 Re,'ised 03/11/02 33. New and exiSling utility lines, appurten:mces :md associated equipmen1, including but not limi1ed 10, electrical transnlission, Slreet lighting, :md cable television shall be reguiredto be placed underground as reguired in the City of Gilroy Municipal Code. PLA]VN1NG COMM1SSJON ACTJON: At the Jlfarch 7, 2002 Planning Commission meeting, the Planning Commission voted 5-0-2 (Conullissioners Allen and Tucker were absent) 10 Jonmrd the Jollowing recomnundations 10 the City Council: 1. Adoption oj a Negative Declaration with 14 mitigation measures; and 2. Approval oj Tentative Map request TM 01-04 with 33 conditions. William FallS Planning Division Manager Qfaus0lci. >rilrov .ca. us ~ 2ity Fil€ Number: TlvI Ol~04 October 2. 2000 -u_'1 p '.-'--- _n" I ~.' .. "EXHIBl'l B" -=--- '-' '-- .... ,~, ,=. -' -'" . .-=-~. --------.----------.------------.-.-. r"' ..-... "";Av'-. ~""-""" l -" ...'" ; 1-. .- " " Lli H ij J' i ' i j' I IY __ 'J-.J..J-.L.s.- ......!.~ ......... "" _ _ 1 __ _ _ , . . ......-,. ,..--..., ....~- ....--...""'.. ...-.:......... - --\/'--'" 'I' i-I i' L.JI..-., l..>lVy~l"~"--,L Department ~1 . -.-.'.. ,. -. 'n.~(J . ~11S'''n Y IhI11l111b UV Iv! _ .,.. . ....-- 1 . 1'J e2:atIve UeClaratlon u . City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 (408) 848.0440 Proiect Description 1-Jame of Project: Nature of Project: Silicon Vlilley south Technology Park Request 10 subdivide approx.imately 30 acres ofland into nine industrial lots in Gilroy, CA. Proifct Loc3tion Location: Assessor's F2JCe] #: East of Highway 101 south of Travel Fark Circle and Garlic Farm Truck Stop. 84]-]4-026 & 027 Ei;titv Of Pf:r~(;n(s) Undei-!aking Proiect Name: Address: Phone: Stan Davis 1023 Bird Avenue, San Jose, CA 95125 (408) 947-1000 Jnit:31 Siud" ,iVl Expanded lrDtial Study of this project "vas undei1aken 3nd prepared for the plu-pose ofascertain.rr!g wbelher this project might have 3 significant effect on tbe environment. A copy oftms study is on file 31 the City of Gilroy Pl21nning Dlvisjon~ 735] Roscr.tna Street~ G'ilroy~ CA 95020. Findings & ReiiSOns. T]-.c 1l".itic.l Study jdcntif,eG pCiiETil1c.Dy sjgnj:fjcDnt effecis on ll-1e e;Y,'lrDflrnent. Hov..:e"Ver~ this project has been ITDlig3ied (~ee tv1itip:illon j\:Jeasures l-;e]o\\7 y,/hjch 6\iOid or rruliga1e the effects) to a poi..'1t v/here no slgnillcant e-ffecls \~I}1J nccur. Tnf:re is no SUhSl(ini181 e\!idence lhe project may have a significant effec1 ("~ 11"0 ,..,.~'.;'.r"~-.-._."'.,...., Ti....p f;",l~....".-;~-,,~ J...:.0,r"....s \,.,'1'1 (;'.~-,.-.,ort t'nese .1~nG.:nas. ,,--,.' l)''-' '..dJ'U'--',UJ',-"H. "'''' ''---''''--'''L)::: '"U_'_}J1~ "J ~'-IY}J , U II t:- _ The prcpt)~;cl :$ a Jc.?jC8.J CO;L[)oncnl of ~he existing 8.ndcr0j)osed land use of this area. I\:nentl211y 2d\'er~:e environ.mental irnpccts \NjlJ be rnitigated. c Tije prcpo::-ed projecT lS cr:r~~j:~-:en~ \\';11; the 8dr:~-;1Ed ~'naL~ 8nc pnlicies ofH~le Gilroy Geroefal Pb.n. Tr-Je ]ml]a] Sludy \l,'c.~ ll---"Jch:pendeDtly re\}e\~':ed by CJly ~.,-laf: and this >]egmive Declaration re.uect2: the inJependenl jud~trnent of the City of Gilroy. r C' Enclose, cover, \yater t....vice daily or appJY (non-1oxic) soil binders to exposed stockpiles (dirt, ~and, etL) M itiQation Meas ures Aesthetics 1. The project proponent shal] prepare a landscape plan for the proposed project, consistent with the provisions of the Consolidated Landscape Policy, to include a-row of shrubs or trees along the western edge of the project site than can be expected to reach a mature height of 15 to 20 feet, planted at least 20 feet on center. The landscape plan shallne submitted, subject to review and approval by the Planning Division, and prior to any Architectural and Site Review approval for the site. 2. Prior to development on the proposed project site, the project proponent shall submit a detailed plan for all exterior lighting. The plan shall design lighting to minimize light or glare impacts to adjacent properties including Highway 101. Light fixtures should use hoods and shields to directtne lignt bEam onto tne area inlended for illumination. Tlle detailed lighting plan shall be subject to the review and approval by the City of Gilroy Planning Division, prior to Architectural and Sile Review approval. Air Quality 3. The project proponent shall specify ih project plans tne implementation of tne following dust control measures during grading and construction activities for tneproposed project. Tne measure shall be implemented as necessary to adequately control dust. The following measures shall be in all construction sites: c. Water all active construction areas at least twice daily or more oil en as needed to prevent dust from becoming airborne and leaving tne site. b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. (. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at consh'uction sites. o. Sweep daily (with water sweepers) all paved access roads, parking areas and sta2in2 areas al construction sites. u u E. Sweep streets daily (with .water sweepers) if visible soil material is carried ohio adiacent DU blic streets. , , The following me2smes shal] be implemented at all construction sites greater than four acres m area' Hydrcseed or apply (non-lOxic) soil stabiJiLers to inactive construction areas iDrevjouslv graded areas jnacbve lor ten davs or more). \J .J L.. .. I [, Limit traffic opeE'ds on unpaved roads to 1:' mpn. Draft Negalive Declaration TM 01-04 OJ /l 0/02 . J. ImtaJl sandbags or otller erosion control measures to prevent silt runoff to public roadways. J. Replant vegetation in disturbed areas as quickly as possible. Optional control measures, tlle foI1owingmeasures are strongly encouraged at constructions sites Illat are large in area, locat4ed near sensitive receptors or which for any otller reason may warrant additional emissions restrictions: k. Install wlleel wasllers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site. J. Install windbreaks, or plant trees/ vegetative windbreaks at windward side(s) of construction areas. m. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour. n. Limit tlle area subject to excavation, grading and other construction activity. Biological Resources 4. Prior to the final map approval, the project developer shall submit a Landscape Plan, for review and approval by tne City of Gilroy Planning Division, indicating the location, size and species of existing trees found within the project site boundaries. The plan snall indicate whicn trees are planned for removal. Based on the review of the Landscape Plan, the City shall determine which trees, if any are significant. If significant trees are determined to be located on the project site, these trees shall be retained, to tlle greatest extent feasible. The dripline of significant trees to be retained sllall be fenced prior to grading activities to prevent root damage. If retention of all signifjcant trees on the project site is not feasible, a written report shall be prepared by a certified arborist including the number and location of each significant tree to be removed, the type and approximate size of each significant tree, the reason for removal, and specifications for replacing significant trees to be removed. The written report sllall be prepared prior to the commencement of grading activities, subject to approval by the City of Gilroy Planning Division. Cultural Resources Due 10 iDe possibilitv tDat significant buried cultural resources might be found dunng , " u construction, the following language shall be included in any permits issued for tlle project site, incluclmg, but not limjled to building permits for future development, subject to the reVjew and approval of the Gilroy Planning Division: "If archeological resources or human remains aTe discovered during conslruciion, work shall be halted at a minimum of 200 feet from tl1ejind and tl1e areas shall be staked air The project de-ueloper shall notify a qualified professJonal archeologist. If the find is determined to be significant, apprcpn'ate mitigation measure shall be formulated and implemented. Draft Negalive Declaralion TM 01-04 4 0111 0/02 b. In tDe event of an accidental discovery or recognition of any Duman remains in any location other tDan a dedicated cemetery, tDe Citv shall ensure that this language is included in all permits in accordance witD CEQA Guidelines section 15064.5(e}: "Ifhuman remains are found during construction, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacmt human rEmains until the coroner of Santa Clara County is contaded to determine that no investigation of the cause of death is required. If the coroner detem,ines the remains to be Native American, the C070ner 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 descendmt (MLD) from the deceased Native American. The MLD may then make rEcommendatiuns to the landowner or the persun responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity 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 MLD idmtified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the MLD, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner." Geology and Soils .7. TDe project proponent sDall submit a soils investigation prepared by a qualified soils engineer for future developments on tDe proposed project site. The recommendation of the soils investigation shall be incorporated into tDe final building plans and shall be reviewed and approved by the Gilroy Engineering Division prior to approval of any building permits. The purposes of the soils investigation is to determine the exact soils cDaracteristics and limitations on the site, and to recommend appropriate engineering specifications lor development of tDe site. Hazards and Haz,ardous Materials 8. The project proponent, and any luture users of the project site, are required to operate m accordance with the regulations of the City 01 Giiroy Chemical Control Division and the City of Gilroy Fire Department. Prior to commencing operations, the property operator is required to submit information 01 all hazardous chemicals to be stored and processes to be conducted at ihe project site to the City of Gilroy Chemical Control DIvision, lor review and approval. Both the Chemical Control Division and the City of Gilroy Fire Department are responsible lor inspections and enforcement. Hazardous waste transport, recycling, processing and storage facilities must comply with the County of Santa Clara Hazardous Waste Management Plan. The storage of more than 55 gallons of anyone hazardous material listed in the City's adopted Hazardous Material Siorage Ordinance shall require issuance of a conditional use permit. Such conditional use permit shall be valid lor no more ti-1an one year at a time, but may be Draft Negalive Declaralion TM OJ-04 5 OJ /J 0/02 renewed on an annual ba~is by the Planning Division Manager. If tne Planning Division Mana,ger determif1es tbat tnere nave been such problems, the use permit sha]] become void until or unless tne determination lS successfully appealed or a new conditional use permit is obtained. No quantity greater than 55 gallons of any material li~ted in the City's adopted Hazardous Material Storage Ordinance shall be stored within 400 feet of any residential zoning district or water well of the city of Gilroy. Hydrology and Water Quality 9. The applicant shall submit a Notice of Intent (NOI) and detailed engineering designs to tne central coast RWQCB. This permit shall require development and implementation of a SWPPP that uses storm water "Best Management Practices" to control runoff, erosion and sedimentation from the site. 10. The project proponent sllall be required to obtain a NPDES General Construction Permit, prior to issuance of a building permit, subject to tne review and approval by the Gilroy Engineering Division. 11. The design of all storm drainage improvements serving the project site snall be provided by the developer, subject to review and approval by tne Community Development Department, Engineering Division, prior to the approval of any final improvement plans. These design plans shall include, but not be limited 10: a, Calculations verifying that at least 3.12 acre-feet of water detention storage will be provided at the project site. b. The water detention storage shall be lined. c. The floodway shall remain open and unobstructed for water flow. d. Applicable storm water source and treatment-based best management practices, applied and maintained, as recommended in the California Storm Water Best Management Practice Handbook. c. Sediment and pollution control facilities within the storm drainage detention facilitie,. J. Provisions for periodJc sweeping for roadways, dnveways and parking areas on the project sile. .!,s indicated in the Binkley Report, the site plan sha]] include flood easements along the eastern and western project site boundary. The road entering the project site from Bolsa Road shall include a 100-foot flood easement, subject to review and approval by the Community Development Department. Draft Negative Declar31ion TM 0]-04 6 01/J0/02 The preliminary grading plan, site plans and building designs snail be consistent with the Binkley Report and comply with the City of Gilroy flood Plain Ordinance and snail not impede the flow of floodwaters. Noise 12. The following language shall beincluded on any permits issued. at the project site,. subject to tne review and approval of the City of Gilroy Engineering Division. "All construction activities shall be limited to weekdays between 7:00 AM and 7:00 PM, and to Saturdays and City holidays between 9:00 AM and 7.'00 PM. No construction is aI/owed on Sundays. " All internal combustion engine-driven eguipment shall be eguipped with mufflers, which are in good condition and appropriate for the eguipment. All stMionary noise-generating eguipment snail be located as far as feasibly possible from the sensitive receptors. Public Services 13. The project proponent shall prepare a landscape and irrigation plan to include, but not be limited to the following: a. The site plan shall include landscaping that will not only be asethetically-pleasing but will also discourage graffiti. Electrical service and water services snail be provided to the landscaped area. b. A funding mechanism snall be provided for the maintenance landscaping. 14. The project proponent shall build the project frontage to City cyurb, gutter and sidewalk standards for a future four-Jane arterial with a two-way left turn lane, to include the striping of an interim southbound left pocket and acceleration lane, subject to the review and approval of the City of Gilroy Engineering Division. Date Prepared: l!l 0/02 End of ReView Period: 2/04/02 Date Adopted: William Faus Planning Division Manager Gay of Gilroy 1 Silicon Valley South Technology Park Mitigation Monitoring Checklist St.ep 1: Prior to approval of the Final Map, the fo]]owing mitigation measures sha]] be addressed: Mitigation Measure 1 The project proponent shall prepare a landscape plan for the proposed project, consistent with the provisions of the Consolidated Landscape Policy, to include a row of shrubs or trees along the western edge of the project site that can be expected to reach a mature height of 15 to 20 feet, planted at least 20 feet on center. The landscape plan shall be submitted, subject to review and approval by the Planning Division, and prior to any Architectural and Site Review approval for the site. Party Responsible [or Implementation: Applicant Party Responsible [or Monitoring: Gilroy Planning Division Mitigation Measure 4 Prior to the final map approval, the project developer shall submit a Landscape Plan, for review and approval by the City of Gilroy Planning Division, indicating the location, size and species of existing trees found within the project site boundaries. The plan shall indicate which trees are planned for removal. Based on review of the Landscape Plan, the City shall determine which trees, ifany, are significant. If significant trees are determined to be located on the project site, these trees shall be retained, to the greatest extent feasible. The dripline of significant trees to be retained shall be fenced prior to grading activities to prevent root damage. If retention of all sigruficant trees on the project site is not feasible, a written report sha]] be prepared by a certified arborist including the number and location of each sigruficant tree to be removed, the type and approximate size of each sigruflcant tree, the reason for removal, and specifications for replacing significant trees to be removed. The written report shall be prepared prior to the commencement of grading activities, subject to approval by the City of Gilroy Planning Division. Party Responsible [or implementation: Applicant Party Responsible [or .Monitoring: Gilroy Planning Division Silicon:{~ South Techn%ay Park Miliqallon Mondonnp Checklist Mitigation Measure 14 The project proponent shall build the project frontage to City curb, gutter and sidewalk standards for a future four lane arterial with a two-way left turn lane, to include the striping of an interim southbound Jeft pocket and acceleration Jane. Subject to the review and approval of the City of Gilroy Engineering Division. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Engineering Division Step 2: The following mitigation measures shall be implemented prior to any Architectural and Site Review approval: Mitigation Measure 2 Prior to development on the proposed project site, the project proponent shall submit a detailed plan for all exterior lighting. The plan shall design lighting to minimize light or glare impacts to adjacent properties including Highway 10l. Light fixtures should use hoods and shields to direct the light beam onto the area intended for illumination. The detailed lighting plan shall be subject to the review and approval by the City of Gilroy Planning Division, prior to Architectural and Site Review approval. Party Responsible for Implementation: Applicant Party Responsible for Mon itoring: Gilroy Planning Division Mitigation Measure 11 The design of all storm drainage improvements serving the project site shall be provided by the developer, subject to review and approval by the Community Development Department, Engineering Division prior to the approval of any fmal improvement plans. These design plans shall include, but not be limited to: . Calculations verifying that at least 3.12 acre-feet of water detention storage will be provided at the project.site; . The water detention storage shall be lined; . The f100dway shall remain open and unobstructed for water f1ow; . Applicable storm water source and treatment.based best management practices, applied and maintained, as recommended in the California Storm Water Best Management Practice Handbook . Sediment and pollution control facilities within tne storm drainage detention facilities; and City 01 Gilroy 2 _SO/con V211ey South 7echnologv Park Mitipation Mondorinp Checklist . Provisions for periodic sweeping for roadways, driveways, and parking areas on the project site. . As indicated in the Binkley Report, the site plan shalJ include flood easements along the eastern and western project site boundary. The road entering the project site from Bolsa Road shall include a lOa-foot flood easement, subject to review and approval by the Community Development Department. . The preliminary grading plan, site plans and building designs shall be consistent with the Binkley Study and comply with the City of Gilroy Flood Plain Ordinance and shall not impede the flow of floodwaters. Party Responsible for Implementation: Applieant Party Responsible for Monitoring: Gilroy Engineering Division Mitigation Measure 12 The fo]]owing language sha]] be included on any permits issued for the project site, subject to the review and approval of the Gilroy Building Division. "All construction activities shall be limited to weekdays between 7:00 AM and 7:00 PM, and to Saturdays and city holidays between 9:00 AM and 7:00 PM. No construction is permitted on Sundays. All internal combustion engine-driven equipment shall be equipped with mufflers, which are in good condition and appropriate for the equipment. 1<'\]1 stationary noise-generating equipment shall be located as far as feasibly possible from the sensitive receptors. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Divisions Gilroy Building and Planning Mitigation Measure 13 The project proponent sha]] prepare a landscape and irrigation plan to include, but not be limited to the fonowing: . The site plan sha]] include landscaping that wiJ] not only be aesthet.ically-pleasing but. wiJI also discourage graffiti. Elect.rical serVJce and water service shall be provided to the landscaped area. . A funding mechanism sha]] be provided for the maintenance landscaping. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division City of Gilroy 3 S,licon Va/lev!)outh Technology Park Mftlpation Mondoring Checklist Step 3: The fonowing mitigation measures shan be implemented prior to issuance of a Building Permit: Mitigation Measure 7 The project proponent shan submit a soils investigation prepared by a qualified soils engineer for fut.ure development.s on the proposed project site. The recommendat.ion of the soils investigation shall be incorporated into the final buildjng plans and shallbe revlewed and approved by the Gilroy Engineering Divlsion prior to approval of any building permit.s. The purposes of the soils investigation is to det.ermine the exact soils characteristics and limitations on the site, and to recommend appropriate engineering specifications for development of the site. Party Responsible (or Implementation: Applicant Party Responsible (or Monitoring: Gilroy Engineering Division Mitigation Measure 8 The project proponent, and any future users of the project site, are required to operat.e in accordance with the regulations of the City of Gilroy Chemical Control Division and the City of Gilroy Fire Department. Prior to commencing operations, the property operator is required to submit information of all hazardous chemicals to be stored and all processes to be conducted at the project sit.e tot the City of Gilroy Chemical Control Division, for review and approval. Both the Chemical Control Division and the City of Gilroy Fire Department are responsible for inspections and enforcement. Hazardous waste transport, recycling, processing and storage facilities must comply with the County of Santa Clara Hazardous Wast.e Management Plan. The storage of more than 55 gallons of anyone hazardous mat.erial list.ed in the City's adopted Hazardous Material Storage Ordinance shall require issuance of a conditional use permit. Such conditional use permit shall be valid for no more than one year at. a time, but may be renewed on an annual basis by the Planning Divlsion Manager. If the Planning Division Manager determines that there have been such problems, the use permit shall become void until or unless the determination is successfully appealed or a new r.onditional use permit is obtained. No quantity greater t.han 55 ganons of any material list.ed in the City's adopted Hazardous Materials Storage Ordinance shall be stored within 400 feet of any residential zoning district or wat.er well of the City of Gilroy. Part."!' Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Chemical Control Division Cfty of Gi/roy 4 Cnror Gilroy 5 .0ilicon Valley~outh Technologv Park. Mnigation Monnorinq Checklist Mitigation Measure 9 The applicant shall submit a Notice oflntent (NOl) and detailed engineering designs to the Central Coast RWQCB. This permit shan require development and implementation of a SWPPP that uses storm water "Best Management Practices" to control runoff, erosion and sedimentation from the site. Party Responsible [or Implementation: Applicant Party Responsible [or Monitoring: Mitigation Measure 10 Gilroy Engineering Division The project proponent shall be required to obtain a NPDES General Construction Permit, prior to issuance of a grading permit. Subject to the review and approval by t.he Gilroy Planning Division. Party Responsible [or Implementation: Applicant Party Responsible [or Monitoring: Gilroy Engineering Division Step 4. The following mit.igation measures shall be implemented during Project Construction: Mitigation Measure 3 The project proponent shall specify in project plans the implementation of the following dust control measures during grading and construction activities for the proposed project. The measures shall be implemented as necessary to adequately control dust: The following measures shall be implement.ed in all cases: Wat.er all active construction areas at least twice daily; Cover all trucks hauling soil, sand, and ot.her loose materials or require all trucks to maint.ain at Jeast two feet of freeboard; Pave, apply wat.er three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites: Sweep daily (with water sw~epers) all paved access roads, parking areas and staging areas at construction sites: Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. Hydroseed or apply (non. toxic) soil st.abilizers to inactive construction areas (previously graded ar~as inact.ive for ten days or more); City alGi/ray 6 Silicon Valley South 7 echnology Park Mitigation Monitoring Checklist Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.); Limit traffic speeds on unpaved roads to 15 mph; Install sandbags or other erosion control measures to prevent silt rurioffto public roadways;. Replant vegetation in disturbed areas as quickly as possible. As necessary, the follov..'ing mea~ures shall be implemented when construction takes place near sensitive receptors: Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) of construction areas; . Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; Limit the area subject to excavation, grading and other construction activity at anyone time. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Engineering Division Mitigation Measure 5 Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included in any permits issued for the project site, including, but not limited to building permits for future development, subject to the review and approval of the Gilroy Planning Diyjsion; If archaeological resources or human remains are discovered during construction, work shall be halted at a minimum of 200 feet from the find and the area shall be staked off. The project developer shall notify a qualified professional archeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. Party Responsible for Implementation: Applicant Parly Responsible for Monitoring: Gilroy Planning Division Mitigation Measure 6 In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this l:mguage is included in all permits in accordance with CEQA Guidelines section 15064.5(e): Silicon Vallev South Techn%py Fark Mitipation Monitolinp Checklist If numan remains are found during construction tnere snall be no furtner excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent numan remains until the coroner of Santa Clara County is contacted to determine tnat no investigation of tnecause of death is required. If tne coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission witnin 24 nours. The Native American Heritage Commission snall identify the person or persons it believes to be tne most likely descendent (1\1LD) from the deceased Native American. The MLD may tnen make recommendations to the landowner or the person responsible for the e>:cavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the MLD identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the MLD, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. Party Responsible {or lmplementation: Party Responsible (or l\{onitoring: Applicant Gilroy Planning Division -CIty OIGIIIO)' - 7 (Seal) I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached Resolution No. 2002-19 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 1 st day of April, 2002, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 25th day of April, 2002.