HomeMy WebLinkAboutResolution No. 2023-39 | Mitigated Negative Declaration and Development Approvals of Gilroy Square Project at 6970 Camino Arroyo | Adopted 06/05/2023
RESOLUTION NO. 2023-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY TO
ADOPT A MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING AND REPORTING PROGRAM FOR GILROY SQUARE
PROJECT, INCLUDING ZONE CHANGE, PLANNED UNIT
DEVELOPMENT ZONING AMENDMENT, TENTATIVE MAP, AND
ARCHITECTURAL AND SITE REVIEW ENTITLEMENTS FOR
DEVELOPMENT OF 10.18 ACRES OF PROPERTY WITHIN GILROY
CROSSINGS PHASE II, C3-HC-M2 PUD OVERLAY ZONE DISTRICT,
LOCATED AT 6970 CAMINO ARROYO, APN 841-70-049 (SCH
2023010472)
WHEREAS, on July 29, 2021, Bhagirath Desai, Temple Gilroy LLC submitted an
application requesting planned development zone change, tentative map, and architectural
and site review entitlements for the Gilroy Square development project consisting of a
drive-through restaurant, vehicle fueling station with a convenience store and carwash, two
4 story hotels with 200 rooms, and two speculative indust rial buildings, all of which would
be on separate new parcels; and
WHEREAS, on July 7, 2022, the application submittal was accepted as complete ;
and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA)
environmental review was required to identify, evaluate and disclose the potential
environmental effects of the project before the City could consider the project merits. In
accordance with CEQA Section 15070 of the California Code of Regulations, the City of
Gilroy Planning Division prepared an Initial Study and determined that although the
proposed project could have a significant effect on the environment, there will not be a
significant effect in this case because revisions in the project have been made by or agreed
to by the project proponent; and
WHEREAS, the draft mitigated negative declaration was published and circulated
for a 30-day public review from January 27, 2023, through February 27, 2023; and
WHEREAS, minor comments on the draft mitigated negative declaration were
received during the public review period, and responses to the comments were prepared
that resulted in no changes being made to the analysis, conclusions, and determinations of
the environmental document; and
WHEREAS, on May 4, 2023, the Planning Commission held a duly noticed public
meeting, at which time the Planning Commission received and considered the staff report,
as well as all evidence received, including written and oral public testimony on the Gilroy
Square project, mitigated negative declaration and the project zoning applications, and
voted 6-0-1 to recommend that the City Council adopt the mitigated negative declaration
and approve the zoning entitlements for the project; and
Resolution No. 2023-39
Mitigated Negative Declaration and Development Approvals of Gilroy Square Project at 6970 Camino Arroyo
City Council Regular Meeting | June 5, 2023
Page 2 of 3
WHEREAS, on June 5, 2023, the City Council held a duly noticed public meeting, at
which time the Council received and considered the staff report , as well as all evidence
received, including written and oral public testimony on the Gilroy Square project, mitigated
negative declaration and the project zoning applications; and
WHEREAS, the City Council, based on its independent judgment and analysis of
the whole record before it, including the initial study, mitigated negative declaration
together with comments received during the public review period, has determined that the
mitigated negative declaration has adequately evaluated the potential impacts of the Gilroy
Square project and that there is no substantial evidence that the project will have a
significant effect on the environment with the mitigation measures included; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which the project approval is based is the office
of the City Clerk.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy
hereby adopts the mitigated negative declaration and mitigation monitoring and reporting
program prepared by the City of Gilroy environmental consultant, EMC Planning Group
January 2023 and revisions dated March 7, 2023, to analyze the proposed Gilroy Square
project.
PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular
meeting duly held on the 5th day of June 2023 by the following roll call vote:
AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, CLINE,
HILTON, MARQUES, TOVAR,
BLANKLEY
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
Marie Blankley (Jun 7, 2023 10:01 PDT)
Marie Blankley
Resolution No. 2023-39
Mitigated Negative Declaration and Development Approvals of Gilroy Square Project at 6970 Camino Arroyo
City Council Regular Meeting | June 5, 2023
Page 3 of 3
Attachments:
1. Mitigated Negative Declaration - Revised
2. Mitigation Monitoring and Reporting Program
Community Development Department
Planning Division (408) 846-0440
MITIGATED NEGATIVE DECLARATION
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
City File Number: File No. Z 22-02, TM-21-02, and AS 21-13
Project Description:
Name of Project: Gilroy Square
Nature of Project: Application for a six-lot subdivision, and Architectural and Site Review to
establish the development plan for Phase II of the PUD for development
on four of the lots. The proposed project includes two, four-story hotels, a
drive-through fast food restaurant, a convenience store, and two, one-story
speculative warehouse buildings. The warehouse buildings are proposed
as future development.
Project Location:
Location: 6970 Camino Arroyo in the city of Gilroy.
Assessor's Parcel Number: 841-70-049
Entity or Person(s) Undertaking Project:
Name: Jaspal Singh Sidhu
Address: 1024 Iron Point Road, Folsom, CA 95630
Staff Planner: Kraig Tambornini, Senior Planner
Initial Study:
An initial study of this project was undertaken and prepared for the purpose of ascertaining
whether this project might have a significant effect on the environment. A copy of this study is
attached.
Gilroy Square 2 March 2023
Mitigated Negative Declaration
Findings & Reasons:
The initial study identified potentially significant effects on the environment. However, this
project has been mitigated (see Mitigation Measures below which avoid or mitigate the effects)
to a point where no significant effects will occur. On the basis of the whole record, there is no
substantial evidence the project will have a significant effect on the environment. The following
reasons will support these findings:
The proposal is a logical component of the existing land use of this area.
Identified adverse impacts are proposed to be mitigated on-site and a mitigation
monitoring and reporting program have been prepared.
The proposed project is consistent with the adopted goals and policies of the General Plan
of the City of Gilroy.
City staff independently reviewed the Initial Study, and this Mitigated Negative
Declaration reflects the independent judgment of the City of Gilroy.
With the application of the following Mitigation Measures the proposed project will not
have any significant impacts on the environment.
The Gilroy Planning Division is the custodian of the documents and other material that
constitute the record of proceedings upon which this decision is based.
Air Quality
Refer to Mitigation Measure GHG-1.
Biological Resources
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
(California Department of Fish and Wildlife 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 (California Burrowing Owl Consortium 1993) and the Staff Report
on Burrowing Owl Mitigation (California Department of Fish and Wildlife 2012), 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 (California Department of Fish and Wildlife 2012), unless a qualified
biologist approved by the California Department of Fish and Wildlife verifies through
non-invasive measures that either: 1) birds have not begun egg laying and incubation; or
Gilroy Square 3 March 2023
Mitigated Negative Declaration
2) that juveniles from the occupied burrows are foraging independently and are capable
of independent survival.
LLooccaattiioonn TTiimmee ooff YYeeaarr LLeevveell ooff DDiissttuurrbbaannccee BBuuffffeerrss ((mmeetteerrss))
LLooww MMeedd HHiigghh
NNeessttiinngg SSiitteess AApprriill 11 –– AAuugg 1155 220000 mm 550000 mm 550000 mm
NNeessttiinngg SSiitteess AAuugg 1166 –– OOcctt 1155 220000 mm 220000 mm 550000 mm
NNeessttiinngg SSiitteess OOcctt 1166 –– MMaarr 3311 5500 mm 110000 mm 550000 mm
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.
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 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 no nesting activity is observed, a report shall be submitted to the City of Gilroy and
disturbance activities may commence. If the qualified biologist documents active nests
within the project site or in nearby surrounding areas, a minimum no-disturbance buffer
of 250 feet around active nests of non-listed bird species and a 500-foot no-disturbance
buffer around active nests of non-listed raptors 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
Gilroy Square 4 March 2023
Mitigated Negative Declaration
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.
Geology and Soils
GEO-1 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.
GEO-2 Prior to issuance of a grading permit, the developer shall implement the
recommendations outlined in the geotechnical report prepared for the proposed project
including, but not limited to:
Recompact the surface soils;
Fill material to be excavated and stockpiled so that the native soils can be prepared
properly, with inspection of the bottom of the excavation by a qualified geotechnical
engineer to verify no additional removal is required; and
Replace the upper 30 inches of soil within slab-on-grade and exterior flatwork areas
with non-expansive fill to reduce the potential soil movement.
Greenhouse Gas Emissions
GHG-1 The proposed project shall be designed to meet the following performance standards:
a.With exception of the planned fast-food use, no permanent natural gas
infrastructure shall be permitted as part of the improvement plans for any other
individual project uses. These uses shall be all electric; and
b.Electric vehicle infrastructure (e.g., electric vehicle parking spaces, charging
station infrastructure, chargers, etc.) consistent with CALGreen Tier 2 mandatory
standards in effect at the time individual building permits are issued, shall be
installed at each individual proposed use.
GHG-2 The applicant shall:
a. Prepare a Greenhouse Gas (GHG) Reduction Plan which identifies one or more
GHG reduction actions that will be taken to reduce GHG emissions from the
proposed fast food use by a minimum of 28.9 MT CO2e per year to offset
emissions produced by using natural gas. The GHG Reduction Plan shall
prioritize on-site GHG reduction design features.
Gilroy Square 5 March 2023
Mitigated Negative Declaration
In lieu of or in addition to one or more of the on-site measures above, the
applicant may make direct investments in off-site GHG reduction
activities/programs in the vicinity. Examples 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 retain a qualified air quality / GHG professional to quantify the
GHG reductions from implementing the Reduction Plan using substantial
evidence to be included in the Reduction Plan.
If the applicant elects to quantify the GHG emissions reductions from on-site
measures and/or investments in off-site reduction programs and the reductions are
less than insufficient to reduce project emissions by a minimum of 28.9 MT CO2e
per year, the applicant may secure the reduction balance by purchasing and
retiring carbon offset credits. The carbon offset credits shall meet the following
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 the
California Air Resources Board 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 the City issuing a building permit for the fast food use, the applicant shall
submit the GHG Reduction Plan for review and approval of the City of Gilroy. If
carbon offsets are proposed, prior to approval of a building permit, the applicant
shall provide an executed contract or other certification to the City Planner that
the requisite volume carbon offset credits have been purchased.
b. The planned fast food use shall include all electricity pre-wiring necessary so that
the building is ready for a future retrofit to all-electric supply infrastructure
sufficient to replace natural gas use in the future. Prior to issuing a building
Gilroy Square 6 March 2023
Mitigated Negative Declaration
permit for the fast food use, the City shall verify that project improvement plans
meet the pre-wiring requirement.
Hydrology and Water Quality
HYDRO-1 All stormwater on the project site must be treated aboveground in an approved
low-impact development treatment device prior to entering stormwater chambers.
The proposed project must show proof of compliance with this requirement on the
project plans prior to issuance of a grading permit with approval by the City of
Gilroy Public Works Department.
HYDRO-2 The project proponent shall prepare and submit Erosion Control Plans to the City
of Gilroy 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.
HYDRO-3 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
Noise
N-1 Prior to issuance of a building permit for the two proposed hotels, the building plans shall
include air conditioning or mechanical ventilation, subject to review and approval by the
building department.
Date Prepared: March 2023
Review Period: January 27, 2023 – February 27, 2023
Date Adopted by City Council:
Kraig Tambornini
Senior Planner
Kraig.Tambornini@ci.gilroy.ca.us
Table of Contents
MITIGATION MONITORING AND REPORTING PROGRAM .................................................. 1
1.1 Introduction ............................................................................................................................... 1
1.2 Monitoring Program ................................................................................................................. 1
1.3 Monitoring Program Procedures ............................................................................................. 1
1.4 Monitoring Checklist ................................................................................................................. 2
Mitigation Monitoring and Reporting Program 1 EMC Planning Group
Gilroy Square March 2023
Mitigation Monitoring and Reporting Program
1.1 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.
1.2 Monitoring Program
The basis for this monitoring program is the mitigation measures included in the project 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 proposed for monitoring the implementation of the mitigation measures.
This monitoring checklist contains all appropriate mitigation measures in the mitigated negative
declaration.
1.3 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:
Mitigation Monitoring and Reporting Program 2 EMC Planning Group
Gilroy Square March 2023
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.
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.
1.4 Monitoring Checklist
Step 1 – Prior to Issuance of a Grading Permit
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 (California Department of Fish and Wildlife 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 (California Burrowing Owl Consortium 1993)
Mitigation Monitoring and Reporting Program 3 EMC Planning Group
Gilroy Square March 2023
and the Staff Report on Burrowing Owl Mitigation (California Department of Fish and
Wildlife 2012), 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 (California Department of Fish and Wildlife 2012), unless a
qualified biologist approved by the California Department of Fish and Wildlife 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: City of Gilroy Planning Department
Monitoring Notes:
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
Mitigation Monitoring and Reporting Program 4 EMC Planning Group
Gilroy Square March 2023
removal or ground disturbance (such as grading or grubbing) shall be conducted
between September 16 and January 14, which is outside of the bird 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 no nesting activity is observed, a report shall be submitted to the City of Gilroy and
disturbance activities may commence. If the qualified biologist documents active nests
within the project site or in nearby surrounding areas, a minimum no-disturbance buffer
of 250 feet around active nests of non-listed bird species and a 500-foot no-disturbance
buffer around active nests of non-listed raptors 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 Developer
Party Responsible for Monitoring: City of Gilroy Planning Department
Monitoring Notes:
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GEO-1 and HYDRO-2 The developer shall prepare an erosion control plan that details
appropriate methods to prevent and/or minimize erosion. The erosion control plan 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. 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.
Party Responsible for Implementation: Project Developer
Party Responsible for Monitoring: City of Gilroy Public Works Department
Monitoring Notes:
GEO-2 Prior to issuance of a grading permit, the developer shall include the following
recommendations in project improvement plans and implement them as outlined in the
geotechnical report prepared for the proposed project including, but not limited to:
Recompact the surface soils;
Fill material to be excavated and stockpiled so that the native soils can be prepared
properly, with inspection of the bottom of the excavation by a qualified geotechnical
engineer to verify no additional removal is required; and
Replace the upper 30 inches of soil within slab-on-grade and exterior flatwork areas
with non-expansive fill to reduce the potential soil movement.
Party Responsible for Implementation: Project Developer
Party Responsible for Monitoring: City of Gilroy Public Works Department
Monitoring Notes:
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HYDRO-1 All stormwater on the project site must be treated aboveground in an approved low-
impact development treatment device prior to entering stormwater chambers. The
developer shall include this measure in project improvement plans and must show
proof of compliance with this requirement on the project plans prior to issuance of a
grading permit with approval by the City of Gilroy Public Works Department.
Party Responsible for Implementation: Project Developer
Party Responsible for Monitoring: City of Gilroy Public Works Department
Monitoring Notes:
HYDRO-3 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: City of Gilroy Public Works Department
Monitoring Notes:
Step 2 - Prior to Issuance of Building Permits
GHG-2 The fast-food developer shall:
a. Prepare a Greenhouse Gas (GHG) Reduction Plan which identifies one or more
GHG reduction actions that will be taken to reduce GHG emissions from the
proposed fast food use by a minimum of 28.9 MT CO2e per year to offset
Mitigation Monitoring and Reporting Program 7 EMC Planning Group
Gilroy Square March 2023
emissions produced by using natural gas. The GHG Reduction Plan shall prioritize
on-site GHG reduction design features.
In lieu of or in addition to one or more of the on-site measures above, the
applicant may make direct investments in off-site GHG reduction
activities/programs in the vicinity. Examples 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 retain a qualified air quality / GHG professional to quantify the
GHG reductions from implementing the Reduction Plan using substantial
evidence to be included in the Reduction Plan.
If the applicant elects to quantify the GHG emissions reductions from on-site
measures and/or investments in off-site reduction programs and the reductions are
less than insufficient to reduce project emissions by a minimum of 28.9 MT CO2e
per year, the applicant may secure the reduction balance by purchasing and retiring
carbon offset credits. The carbon offset credits shall meet the following 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 the
California Air Resources Board 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 the City issuing a building permit for the fast food use, the applicant shall
submit the GHG Reduction Plan for review and approval of the City of Gilroy. If
carbon offsets are proposed, prior to approval of a building permit, the applicant
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Gilroy Square March 2023
shall provide an executed contract or other certification to the City Planner that
the requisite volume carbon offset credits have been purchased.
b. The planned fast food use shall include all electricity pre-wiring necessary so that
the building is ready for a future retrofit to all-electric supply infrastructure
sufficient to replace natural gas use in the future. Prior to issuing a building permit
for the fast food use, the City shall verify that project improvement plans meet the
pre-wiring requirement.
Party Responsible for Implementation: Project Developer
Party Responsible for Monitoring: City of Gilroy Planning Department
Monitoring Notes:
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GHG-1 The proposed project shall be designed to meet the following performance standards:
a. With exception of the planned fast-food use, no permanent natural gas
infrastructure shall be permitted as part of the improvement plans for any other
individual project uses. These uses shall be all electric; and
b. Electric vehicle infrastructure (e.g., electric vehicle parking spaces, charging station
infrastructure, chargers, etc.) consistent with CALGreen Tier 2 mandatory
standards in effect at the time individual building permits are issued, shall be
installed at each individual proposed use.
Party Responsible for Implementation: Project Developer
Party Responsible for Monitoring: City of Gilroy Planning Department
Monitoring Notes:
N-1 Prior to issuance of a building permit for the two proposed hotels, the building plans
shall include air conditioning or mechanical ventilation, subject to review and approval
by the building department.
Mitigation Monitoring and Reporting Program 9 EMC Planning Group
Gilroy Square March 2023
Party Responsible for Implementation: Project Developer
Party Responsible for Monitoring: City of Gilroy Building Department
Monitoring Notes:
CERTIFICATE OF THE CLERK
I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2023-39 is an original resolution, or true and correct copy of a
city Resolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting of
said held on Council held Monday, June 5, 2023, 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 Monday, June 5, 2023.
____________________________________
Thai Nam Pham, CMC, CPMC
City Clerk of the City of Gilroy
(Seal)