CONDITIONAL USE PERMIT 2023-02
COMMUNITY DEVELOPMENT DEPARTMENT
Property
Address:
31958 Gloria Road
Gonzales, CA 93926
Assessor Parcel
Numbers:
223-032-019
Property
Owner:
Rianda Family Partnership
31958 Gloria Road
Gonzales, CA 93926
Applicant/
Permittee:
David Peartree
Peartree & Belli Architects
235 Monterey St., Suite B
Salinas, CA 93901
Permit Issued
To:
Owner and Applicant
As described above
Approval Date:
PC Resolution:
April 24, 2023
PC-2023-05
Permitted Use. Construction and operation of an agriculture cooling and processing facility consisting of a 313,800± square foot single story building located on 44.8± acres of a 103.54-acre parcel (the “Gloria Road Agricultural Cooler Project”). The permitted use includes: raw product cold storage; processing lines where the produce will be cleaned, sized, and packaged; office administration space; and miscellaneous mechanical and storage rooms. Exterior storage of packaging materials is permitted as part of the packaging operation. Permitted ancillary improvements include: a check-in area when entering the site; fencing enclosing the entire perimeter as part of current food safety measures; paved surfaces, including onsite parking for employees and visitors. Other incidental equipment and appurtenances include: utility connections, landscaping, signage, and lighting, trash dumpster and compactor, storm water facilities and a retention basin.
Minor changes to this permit may be approved administratively by the Director of Community Development upon receipt of a written request by an Owner, or his or her agents. Prior to such approval, the Director shall confer with each affected City Department and shall verify the request is not in conflict with any City regulations or plans, and is not otherwise of substantial concern to the City. The Director may refer any requests deemed to be significant to the Planning Commission for formal application and consideration.
P.O. BOX 647 147 FOURTH ST. GONZALES, CALIFORNIA 93926
PHONE: (831) 675-5000 FAX: (831) 675-2644 www.ci.gonzales.ca.us
ATTACHMENT F
2 FINDINGS & CONSISTENCY
Section 1. Environmental (CEQA) Finding.
An Initial Study (‘IS’) has been prepared for the Project in compliance with the California Environmental Quality Act (CEQA), and the City of Gonzales has determined that the Project will have less than significant effect on the environment with mitigation measures and has prepared a Mitigated Negative Declaration (‘MND’). The IS/MND tiers off the Gonzales 2010 General Plan Environmental Impact Report (SCH # 2009121017) as a means of excluding from further consideration more global issues and allowing more focus on issues that are applicable to the proposed Project. No other environmental review is necessary.
Section 2. General Plan Consistency
A. The permitted use is consistent with the Gonzales General Plan to the following extent:
1. The project site is concurrently being amended to be designated as Industrial/Manufacturing on the General Plan Land Use Plan Diagram. The primary purpose of this designation is to define those areas that are appropriate for heavy industrial and manufacturing uses, the location of which may create land use conflicts with residential uses and schools. The emphasis is on agricultural services, but other types of industry compatible with the policies in the General Plan are encouraged. The designation permits industrial parks, light manufacturing, warehousing, wineries, auto and farm equipment sales or repair establishments, feed stores, lumberyards, construction supply companies, and similar and compatible uses.
Section 3. Zoning Ordinance Consistency
A. The proposed use is consistent with the Gonzales Zoning Ordinance to the following extent:
1. The site is zoned Industrial (I). The intent of the Industrial (I) district is to provide areas for general industrial, manufacturing, wholesale, and service uses needed by the city and region subject to regulation necessary to protect other nearby uses from hazards, noise and other disturbances.
2. A fresh vegetable processing facility is a permitted use in the Industrial District subject to the issuance of a Conditional Use Permit, which said permit was approved by the Gonzales Planning Commission at a public hearing held on April 24, 2023.
3. The proposed use meets zoning standards including setbacks, maximum lot coverage, landscaping and parking.
B. The Conditional Use Permit has been processed per the City's Zoning Ordinance requirements per Chapter 12.28 as follows:
1. An application has been received and accepted by the City of Gonzales for processing.
2. A Public Hearing Notice was published in the Salinas Valley Tribune on April 12, 2023. 3 3. Public Hearing Notices were mailed to all property owners within 300'-0" of the site. A affidavit of mailing is on file at the Planning Department.
4. A public hearing was conducted by the Planning Commission to consider the request on April 24, 2023, and members of the public were invited to comment and all comments were considered by the Planning Commission prior to its decision on the request.
Section 4. Conditional Use Permit Findings
Pursuant to the Gonzales City Code Chapter 12.28, Section 12.28.030, the following findings are made in support of approval of the Condition Use Permit, including:
A. The use is necessary or desirable in relation to the purposes and intent of the Gonzales General Plan, zoning ordinance, and the economic, social and environmental status of the City because:
The proposed uses are fully consistent with the General Plan designation of the site as “Industrial/Manufacturing” as defined on page II-46 of the General Plan. This designation emphasizes agricultural services and manufacturing uses. The proposed project is consistent with General Plan policies that promote economic and industrial development.
The proposed uses are consistent with the intent of the Industrial Zoning District, which is to provide areas for general industrial, manufacturing, wholesale, and service uses needed by the City and region subject to regulation necessary to protect other nearby uses from hazards, noise and other disturbances.
B. The use will be properly related to other uses, transportation facilities, and other public facilities in the area, and will not cause undue environmental impacts relating to noise, odor, pollution, etc because:
The proposed buildings will have access to Gloria Road, with direct access to US 101, away from residential and other potentially incompatible uses. There will be vehicular traffic typical of agricultural services and processing uses and the traffic generated by the project can be adequately served by the existing street network upon the completion of identified road improvements to Gloria Road. The site will have access to adequate services, including water, sanitary sewer and storm drainage prior to its operation, and the applicant will construct connections to the site. The project will have adequate on-site parking for employees, visitors, and trucks accessing the site.
Noise generated by the proposed use will be primarily the operation of trucks, but this noise level is acceptable in this location as conditioned and with mitigation. The noise generated by the cooler project could have a significant future impact to residentially designated lands to the east, while lands to the north would be impacted by loading activities at night which would exceed established noise standards. Mitigation measures have been added that require noise attenuation on both the north and east sides of the property to address these issues and give the applicant choices to modify or screen noise-generating equipment, build noise attenuation walls at the property line upon future residential development, or modify hours of operation at the facility. 4 C. The use will not adversely affect the health or safety of persons living or working in the vicinity, or be materially detrimental to the public welfare of the city and its residents because:
The operation of a fresh vegetable food processing & cooling facility and appurtenant uses is proposed for the project site and permitted with the issuance of a Conditional Use Permit in the Industrial Zone. The Use Permit includes conditions of project approval so that impacts on the people living or working in the vicinity are minimized and so that impacts on the City’s infrastructure and services are appropriately addressed. The use is entirely consistent with planned uses within the industrial zone and with proper mitigation is not anticipated to result in any incompatibility issues for existing and future neighboring land uses. No nuisance causing uses, or uses generating unusual noise, odor, light or vibration are authorized by the issuance of this permit.
CONDITIONS OF APPROVAL
A. Standard Conditions.
1. Timely Completion of Conditions. Unless otherwise provided for in a special condition to this Use Permit, all conditions shall be satisfied prior to approval of temporary or final occupancy for any portion of the project.
2. Conditions Run with Land. The conditions of approval contained herein shall be perpetual and it is the intention of the City that the conditions of approval run with the land and bind the Owner/Applicant and its successors and assigns in interest of the subject property to all of the conditions of approval.
3. Conditions to be Included on all Plan Sets. All conditions of approval for this project shall be included by the Owner/Applicant as a component (sheet) of plan sets submitted for review and approval.
These conditions of approval shall be on all grading and construction plans kept on the project site. It is the responsibility of the Owner/Applicant to ensure that the various contractors are aware of, and abide by, the conditions of approval.
4. Time Limits. Failure to establish the use authorized by this Permit within two years from the date of Certificate of Completion of Annexation, unless otherwise extended for an additional year by the City, shall be grounds for revocation of this permit.
5. Change in Permitted Use. Any proposed change in the description of the permitted use approved herein shall be approved by the Director of Community Development, who may impose such requirements in addition to those set forth herein as may be necessary for the protection of adjacent properties and the public interest. If the Director finds that any proposed change in the use would represent a substantial deviation from the purpose for which this permit was granted, then such change shall be considered at a public hearing before the Planning Commission as an amendment to this permit.
6. Permit Revocation. Failure to comply with the conditions specified herein, which served as the basis for approval of the Project and the issuance of this Permit constitutes cause for the revocation of the Permit.
7. No Nuisance/Use of Property. Use of the property shall be conducted in such a way that it does not constitute a nuisance to the surrounding neighborhood. If the Community Development 5 Director/Planning Commission/City Council finds at any time that any use of the property constitutes such a nuisance or is otherwise detrimental to the neighborhood or to the community, such use shall be discontinued or modified as may be required. Failure to fully comply with all conditions of this approval may result in revocation of this permit. For the purposes of this condition, regular ongoing agricultural uses and operation of the agricultural cooler facility is not considered a nuisance.
8. Days/Hours of Work for City Inspection and related Support. City staff, Building Inspection, Special Testing and Public Works Inspection services will be provided between 8:00AM – 5:00PM Mondays through Fridays. Additional costs for these city services will be incurred by the Owner/Applicant outside of these hours.
9. Code and Standards Compliance. All construction and improvements and uses shall be in accordance with zoning, building, fire, and all other codes, ordinances, and public works standards and specifications of the City of Gonzales or agencies that have regulatory jurisdiction over the project. All such requirements shall be met prior to issuance of a temporary and/or Final Certificate of Occupancy for the entire Project, or a portion thereof, or final building inspection, except for items agreed to by the owner and the Building Official and/or Director of Public Works.
10. Development Impact Fees. Owner/Applicant shall pay all Development Impact Fees as set forth in Chapter 1.48 of the Gonzales City Code at the time and in the manner set forth in the Code unless an alternate time and manner of payment is established through the Special Conditions of Approval as set forth below. Impact fees may be subject to credits or a reimbursement agreement for facilities constructed by the applicant that are part of the impact fee program. Such fees are subject to an annual adjustment to reflect the percentage change in the construction cost index for San Francisco as of December 1 of the previous year as reported by "Engineering News-Record".
Impact Fees payable to the Gonzales Unified School District (GUSD) and the Transportation Agency of Monterey County (TAMC) are due prior to issuance of the first building permit.
11. Hold Harmless and Indemnification. Except to the extent the City has constructed improvements on or about the property, City and Owner/Applicant acknowledge that City has not made an independent investigation of the design of the proposed use, or conditions affecting either design or use. Owner/Applicant shall indemnify and hold harmless the City, its elective and appointive boards, commissions, officers, agents and employees from all damages, injuries, claims and any and all liability and costs arising from or about the site or in connection with the conduct of business thereon.
Owner/Applicant agree to, and shall, defend City, its elective and appointive boards, commissions, officers, agents and employees, from any suits or actions at law or equity from damages caused, or alleged to have been caused, by reason of the aforesaid design, construction and use of the involved site pursuant to this Permit. Except as provided above, the terms of this paragraph shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of the aforesaid design or operations referred to herein, regardless of whether or not City has prepared, supplied or approved of plans and or specifications for use of the proposed site. To the extent that Owner/Applicant are required to indemnify and hold harmless the parties listed above, it shall have the right to control the litigation, including but not limited to contracting for counsel of its choice, and accepting or rejecting any settlement offer.
6 12. Reporting of Taxes. In order to enable the City to optimize local Tax revenues allowable under the applicable State Tax and Fee Administration guidelines, to the extent that such guidelines apply to the Project Company, the Project Company shall (a) obtain necessary sales /use Tax jobsite sub -permit( s), (b) comply with associated reporting requirements, and (c) procure tangible personal property when commercially reasonable in a manner that directs the local Tax to the City. Such procurement procedures include but are not limited to the Project Company ordering purchases from its vendors' and suppliers' sales offices located in the City if commercially reasonable.
The Project Company agrees with respect to any individual purchases of property subject to sales /use Tax in an amount equal to or greater than $500,000 to be used, stored or consumed in the City, to allocate the local sales /use Tax with respect to such property to the City, if commercially reasonable and applicable law so permits. The Project Company further agrees to include in each Project Contract and Subcontract a provision obligating the Project Contractors or any Subcontractor to comply with the State Board of Equalization jobsite sub-permitting, reporting requirements and procurement procedures set forth in this paragraph so as to assist the City in optimizing its local Tax revenue allowable under California law.
B. Special Conditions/Mitigated Negative Declaration Mitigation Measures The following is a list of special conditions which apply to the Project. Some of the conditions are based upon mitigation measures from the Initial Study/Mitigated Negative Declaration prepared for the Project. Those conditions/mitigation measures are identified in parentheses (ex. “AG-1”) with the number that is assigned in the Mitigated Negative Declaration.
General
1. Permit Contingent Upon Annexation. This permit is being processed concurrently with other land use actions that will require approval by the Gonzales City Council and the Monterey County Local Agency Formation Commission (LAFCO). This Use Permit is fully contingent upon Annexation approval and may not be acted upon until the Certificate of Completion is filed and the property is within the official City Limits of Gonzales.
2. Reference to Site Plan, Floor Plan and Elevations. The Permit applies only to the physical site, structures and uses in substantial compliance to those shown on Exhibit ‘X’ (Site Plan), Exhibit ‘Y’ (Floor Plan), and Exhibit ‘Z’ (Building Elevations), which are attached hereto and are made a part of this permit.
3. Comply with Adopted Industrial District Design Guidelines. To the extent feasible, as determined by the Director of Community Development, the Owner/Applicant shall comply with the applicable provisions of the City of Gonzales Industrial District Design Guidelines as specified in Chapter 12.88.040(I) of the Gonzales City Code.
4. California Code – Green Building Standards (‘CalGreen’). The Owner/Applicant shall comply with applicable non-residential mandatory measures contained in Chapter 5 of the 2016 California Code of Green Building Standards (‘CalGreen’); California Code of Regulations, Title 24, Part 11.
7 5. Climate Action Plan Compliance / Greenhouse Gas Reduction Plan (GHG-1). Prior to issuance of a building permits for the proposed project, 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 2030 service population threshold of significance of 0.64 MT CO2e per year per service population. This would require that the project emissions of 1,960.4 CO2e per year be reduced by 1,678.60 MT CO2e per year to 281.80 MT CO2e per year.
The GHG Reduction Plan shall prioritize on-site GHG reduction design features and/or other project specific measures. One such on-site measure that shall be included is to meet the voluntary Tier 2 electric vehicle performance standards for non-residential development included in effect at the time a building permit is issued (currently the 2022 California Green Building Code). For projects with 201 or more parking spaces, 20 percent of the total must be electric vehicle capable spaces, and 25 percent of the electric vehicle capable spaces must include electric vehicle supply equipment.
In addition to one or more of the on-site project design/project specific measures, the applicant may include in the Reduction Plan and take credit for GHG reductions resulting from making direct investments in off-site GHG reduction activities and/or 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, and/or planting local urban forests.
The applicant shall retain a qualified air quality/GHG professional to quantify the GHG reductions that would result from implementing the Reduction Plan based on substantial evidence to be included in the Reduction Plan. The GHG reduction measures should be implemented even if their implementation would result in a GHG reduction, but the reduction cannot be reliably quantified.
The GHG emissions reduction volume resulting from implementing the Reduction Plan measures may then be subtracted from the required 1,678.60 MT CO2e per year reduction volume in order to reduce or avoid the significant GHG impact.
If the GHG emissions reductions from implementing the GHG Reduction Plan are insufficient to reduce project emissions by a minimum of 1,678.60 MT CO2e per year or more, the applicant may secure the balance of the required GHG emissions reduction volume by purchasing and retiring voluntary carbon offset credits (not credits created for transactions in California’s regulatory Cap and Trade Program). 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. • In order of priority, the carbon offset credits should be obtained from projects developed in local vicinity/region, the state, national, or international projects. Priority is on offset credits available through registries approved by CARB. Credits from projects developed internationally should not be used unless the applicant demonstrates with substantial evidence that sufficient carbon offsets from projects in vicinity/region, state, or U.S. are unavailable. International offsets must be quantified and issued using established protocols 8 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 issuance of the first building permit for the project, the GHG Reduction Plan shall be approved by the Community Development Director. The GHD 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 an occupancy permit, provide documentation in the form of an executed contract or other certification that the balance of emissions reduction required has been obtained through purchase of carbon offset credits, subject to the performance standards listed above.
6. Meters, Hydrants, Utility Poles, etc. All meters, hydrants and utility poles shall be located clear of sidewalks or as determined by the Director of Public Works. If required, the Owner/Applicant shall install fire hydrants per City specifications, and according to the requirements of the Uniform Fire Code. In some cases, the Owner/Applicant may be required to relocate existing meters, hydrants and poles. Fire hydrants shall be protected by bollards. Fire hydrant locations shall be approved by the City Fire Marshal and Director of Public Works.
7. Sign Permit. Prior to the issuance of a Final Certificate of Occupancy for the Project, or a portion thereof, the Owner/Applicant shall submit an application and pay the appropriate fee for any necessary sign permitsfor the project, in conformity with the GCC Chapter 12.116, §12.116.200. Plans shall include locations of all signs, sign size, materials, colors and messages.
8. Exterior Lighting (AES-1). The applicant shall revise the proposed Site Lighting Diagram/Photometric Study to ensure that no facility lighting will create light splay onto land located outside the eastern fence line of the cooler facility fence line onto land that will remain designated Neighborhood Residential. In general, the lighting design shall prioritize directing lighting away from all adjacent land to the east of the facility fence line for this purpose. Prior to approval of the first building permit, the applicant shall receive approval on the Site Lighting Diagram/Photometric Study from the Community Development Director. Exterior lighting shall be designed to provide for operational and security requirements while minimizing adverse effects to other properties in the vicinity. Lighting fixtures shall be downcast and shielded and designed to reflect light away from the surrounding premises and all public rights-of-way.
9. Agricultural Land Conversion Mitigation (AG-1). The applicant shall provide agricultural mitigation consistent with one or a combination of the agricultural mitigation options identified in the City’s draft agricultural mitigation program if the City has not formally adopted an agricultural mitigation program at the time the City considers approving the annexation, general plan amendment, and other project-specific discretionary actions required for the proposed project.
If formal adoption has occurred by that time, the applicant shall provide agricultural mitigation consistent with the adopted program. Draft program mitigation options currently include:
9 a. Offer easements on similar soils classified as prime farmland and farmland of statewide importance, proximate to Gonzales. Provide for the in-kind one-to-one (1:1) acquisition of agricultural mitigation easements, and the dedication of those mitigation easements to an agricultural land trust or other qualifying entity. Demonstrate that administrative and monitoring expenses for stewardship of the easement in perpetuity have been arranged; and/or b. Purchase easements on similar soils classified as farmland and farmland of statewide importance, proximate to Gonzales. Provide for the in-kind direct purchase of an agricultural mitigation easement at a one-to-one (1:1) ratio and dedicate the easement to an agricultural land trust or other qualifying entity. Demonstrate that administrative and monitoring expenses for stewardship of the easement in perpetuity have been arranged; and/or c. Purchase agricultural banked mitigation credits at a 1:1 ratio from a qualifying entity, or the City of Gonzales, if available; and/or
d. Pay a fee in-lieu to the City of Gonzales, or a qualifying entity (e.g., agricultural land trust) to accept fees in-lieu where the fee value is based on a 1:1 mitigation ratio, and the fee amount is independently appraised and sufficient and timely for the City or qualifying entity to purchase equivalent agricultural mitigation easements and to fund administrative stewardship of the mitigation easements; and/or
e. Implement another approach as approved by the city or combination of the above options, that:
• Results in the preservation of agricultural land at a 1:1 ratio proximate to the City of Gonzales, or
• Includes new easements in areas targeted by the City as described in the 2014 MOA.
Priority areas for the City of Gonzales to establish new agricultural easements to perfect the Permanent Agricultural Edge per the 2014 MOA with the County of Monterey.
10. Solid Waste Handling Plan. The Owner/Applicant shall submit a Solid Waste Handling Plan that provides documentation on the sufficient number of commercial sized trash dumpsters and compactors at suitable locations for convenient access by the franchise hauler. No trash or refuse shall be stored where visible from off the site. The Owner/Applicant shall consult with the franchise hauler (Tri-Cities Disposal) for recommendations on the appropriate size and number of dumpsters and compactors and shall provide proof of consultation to the City’s Recycling Coordinator and the Public Works Director. This condition is intended to specifically address solid waste generated from office and administration functions to be collected by the hauler and does not apply to typical activities that are a part of regular daily business operations.
Trash Enclosures for solid waste containers shall have an all-weather noncombustible solid roof to prevent rainwater from mixing with the enclosure’s contents. The enclosure shall have structural walls with associated fencing to prevent unauthorized removal or dropping off of any trash. The door(s) will be secured and locked when closed. The concrete pad and adjacent paved area shall be designed to not drain outward and the grade surrounding the enclosure shall not drain into the enclosure. A sewer lateral 10 with grease trap shall be provided at each enclosure so liquid discharge or wash-down water will be conveyed to the City sewer system. The Solid Waste Handling Plan shall be approved by the Public Works Director prior to issuance of the first building permit.
11. Outdoor Storage. Outdoor storage of packaging materials including pallets of collapsed cardboard boxes, plastic bags and other similar items used during the packaging processes may be stored on the site only within the areas designated for such storage on the approved Site Plan. The Owner/Applicant shall ensure that the storage area is kept in a clean and organized manner and any debris escaping from the storage area onto other portions of the site or adjoining properties shall be promptly removed.
12. Building Colors & Materials. At the time Improvement Plans are submitted, the Owner/Applicantshall submit for review and approval by the Director of Community Development the colors and materials of all buildings and structures to be constructed on the Project site. All buildings on the site shall be painted with base and trim colors that are harmonious and give the impression of a unified site. If applicable, roof materials and colors should also be coordinated.
13. Street Address Numbers. Prior to the issuance of a Certificate of Occupancy for entire project, or a portion thereof, the Owner/Applicant shall submit a plan for street numbering for review and approval by the Director of Public Safety and/or Fire Marshal. The address of the property shall be displayed at the main entrance and shall be properly numbered so that the number may be readily visible from the street. Numerals shall be at least 24-inches and shall be of a contrasting color to the background (e.g., black numerals on a white background).
14. Demolition of Buildings/Structures/Facilities. The Owner/Applicant shall be aware that if any buildings are demolished as part of this project, Air District rules may apply. These include Rule 424, National Emissions Standards for Hazardous Air Pollutants and Rule 439, Building Removals. Rule 424 contains the investigation and reporting requirements for asbestos which includes surveys and advanced notification on structures being renovated or demolished.
Notification to the Air District is required at least ten days prior to renovation or demolition activities. Rule 424 could also apply if old underground piping or other asbestos containing construction materials are encountered during trenching activities. District Rule 439 prohibits the release of any visible emissions from building removals. Rules 424 and 439 can be found online at https://www.arb.ca.gov/drdb/mbu/cur.htm.
15. Reimbursement of City Coststhrough a “Developers Account”. The Owner/Applicant shall reimburse the City of Gonzales for city staff time, consultant support, plan review, building and public works inspection, legal, planning and administrative expenses incurred by the City in connection with the Project.
The City shall provide quarterly statementsto the Owner/Applicant for all expenses including copies of all back-up materials.
If, in the judgment of the Community Development Director, it appears that the amount deposited is insufficient to cover all expected expenses, the Owner/Applicant shall, within 15 days after written request from the City, make an additional deposit of funds to make up the deficiency. 11 At no time after submission of Improvement Plans for the Project shall the balance of the ”Developers Account” be less than $25,000. Delinquency charges of 2% per month shall be applied to the account balance which has not been brought up to this minimum balance within 30 days of notification by City of the need for supplemental deposit. The City reserves the right to stop work on the Project if the required minimum balance is not restored within 30 days of the above notification or if the account has insufficient funds to pay for any of the expenses referenced herein.
The need for the maintenance of this Developers Account shall cease upon completion of all of the following: 1) satisfaction of all conditions associated with the Conditional Use Permit; and 2) reimbursement for all costs should the remaining Owner/Applicant account funds not be sufficient to fully reimburse the City. Within 45 days after project completion the city shall return the remaining funds in the “Developers Account”.
Improvement Plans, Soils/Geotechnical Investigation/Grading
16. Improvement Plans. The Owner/Applicant shall submit improvement plans in a form acceptable to the City for review and approval. The improvement plans shall be accompanied by supporting studies, technical specifications and detailed cost estimates. The improvement plans shall include grading plans, a geotechnical investigation, water supply, electrical power, street and parking area improvements, water and sewer system improvements, storm drainage and associated retention facilities, gas, electric, telephone and cable facilities, and any other necessary appurtenances and/or services. Unless otherwise noted, all improvement plans and specifications shall be designed and stamped by a Civil Engineer licensed in the State of California. Prior to the issuance of a Final Certificate of Occupancy for the project, the Owner/Applicant shall provide the final improvement plans and map documents to the City in digital format (AutoCADD and GIS Shape files).
17. Storm Drainage. A Storm Drainage Study shall be prepared by a registered Civil Engineer that analyses the amount of predevelopment and post-development runoff and the proposed drainage systems and structures to comply with city design standards. The Storm Drainage Study shall be reviewed and approved by the Public Works Director.
18. Existing Water Wells. Any existing on-site water wells at the project site shall be abandoned in compliance with Monterey County requirements.
19. Oversizing or Overcapacity of Improvements. City may require the Owner/Applicant to design and construct off-site water and sewer improvements, so they serve other developments outside of the Project. Such Oversizing shall be reasonable in scope and the Owner/Applicant shall receive credits and/or reimbursements for Oversizing.
20. Structural Stability/Seismic Safety. All structures shall be designed and constructed to resist a major earthquake as required by the latest edition of the California Building Code. All recommendations regarding seismic concerns identified in any geotechnical investigation prepared for the site shall be incorporated into the final building and improvement plans for the Project.
21. Design of Public Improvements Performance/Payment Bonds. All public improvements, shall be designed and constructed to the satisfaction of the Director of Public Works. Prior to city approval of the Improvement Plans the Owner/Applicantshall submit payment and performance bonds, each in an amount sufficient to cover 100 percent of the cost of the public improvements. The 12 Owner/Applicant shall provide the City with an engineer’s estimate of the cost of said improvements for the purpose of determining the bond amount and such estimate shall be reviewed for adequacy and approval by the Director of Public Works. The estimate shall be prepared by the project Civil Engineer and shall be based on prevailing wage costs.
22. Construction Meetings. Prior to issuance of the Grading Permit the Owner/Applicant shall arrange a Preconstruction Meeting with city staff, city consultants, the Contractor, Subcontractors, Site Civil Engineer, Geotechnical Engineer of Record, Third Party QSD/QSP SWPPP Inspector and other parties.
Prior to issuance of the Building Permit, a similar meeting shall be arranged by the Owner/Applicant.
23. Construction and Maintenance of On-site Utilities. On-site wet utilities (i.e., water, sanitary sewer and storm drainage) shall be designed and constructed to City standards and subject to the review and approval of the Director of Public Works and accepted by the City prior to issuance of Final Certificate of Occupancy. All on-site utilities shall be privately maintained.
24. Warranty and Workmanship of Public Improvements. All public improvements, as shown on the Improvement Plans, or required by these conditions of approval, shall be constructed per City Standards and Regulations and approved by the Director of Public Works. The city may reject defective work and require its repair, replacement, or removal at no expense to City. All work shall meet the standards adopted or in current use by City, and otherwise shall conform to the approved plans and specifications.
All work is to be free of all defects of workmanship and materials for a period of one year after initial acceptance of the entire work by City. If defects in design, workmanship and materials actually appear during the guarantee period, and once corrected, the guarantee period with respect to such repairs shall automatically be extended for an additional year to ensure that such defects have actually been corrected.
25. Soils Report/Geotechnical Investigation. Improvement Plans submitted to the City for review and approval shall be accompanied by a soils report/geotechnical investigation. The project designer shall follow all recommendations included in soils report/geotechnical investigation when preparing the grading plan, site design and utility plans. The project soils engineer shall review the project plans and shall perform all recommended site inspections during construction.
26. Grading & Excavation. A registered geotechnical engineer shall perform on-site monitoring of all grading, excavation and compaction activities on the Project site and in the public rights-of-ways.
Evidence of an agreement between the Owner/Applicant and a geotechnical engineer shall be submitted for review and approval by the Building Department/City Building Official and the City Engineer prior to the issuance of a grading permit. Said geotechnical engineer will submit evidence that grading, excavation and compaction were performed consistent with the recommendations of the geotechnical investigation.
27. Parcel Map. Prior to the issuance of a Final Certificate of Occupancy, the Owner/Applicant shall engage a Licensed Surveyor to prepare a parcel map for city approval to subdivide the existing parcel into three lots. The three lots shall be comprised of the project site, the parcel to the west of the project site (within the city currently zoned Highway Commercial) and a remainder parcel that is expected to remain in agricultural production. 13 28. Congdon’s Tarplant (BIO-1) Prior to ground disturbance at the project site or off-site improvement locations, a biologist qualified in botany shall conduct a focused survey for Congdon’s tarplant in accordance with current CDFW and CNPS rare plant survey protocols (CDFW 2018 and CNPS 2001). The survey shall occur during the peak blooming period for this species to determine its presence or absence (typically August through September). If possible, a known reference population of the target species in the project vicinity shall first be visited to verify that the species is observable, and the focused survey shall be conducted within two weeks of observing the reference population in full bloom.
The biologist shall then prepare a brief report documenting the results of the survey and, if appropriate, propose measures for avoiding or minimizing possible impacts to Congdon’s tarplant before and during construction, as included below. If the focused survey concludes the species is not present within the project site boundary or at off-site improvement locations, or if it is present but impacts to it can be completely avoided, then no mitigation would be required.
If the focused surveys identify Congdon’s tarplant within the project site boundary or at off-site improvement locations and it would be affected by the proposed project, then appropriate mitigation shall be developed by the biologist and implemented by the applicant prior to issuance of a grading permit. Measures may include, but are not limited to:
a. A qualified biologist shall identify an on-site or off-site mitigation area suitable for restoration of habitat and seed transplantation for this annual herb. The applicant shall be responsible for the placement of a conservation easement over the mitigation area and the provision of funds to ensure the restoration of the mitigation area and its preservation in perpetuity. b. Prior to approval of a grading permit, a qualified biologist or native plant specialist shall perform seed collection from all special-status plants located within the impact areas and implement seed installation at the mitigation area at the optimal time. Additionally, topsoil from the special-status species occurrence area(s) shall be salvaged (where practical) for use in the mitigation area.
c. A maintenance and monitoring program shall be developed by a qualified biologist and established for a minimum of five years after mitigation area installation to verify that restoration activities have been successful. Maintenance activities may include, but not be limited to, watering during the plant establishment period, supplemental seed planting as needed, and removal of nonnative plants. Monitoring shall include, at a minimum, quarterly monitoring reports for the first year and annual reports for the remaining four years. The performance standard for successful mitigation shall be a minimum 3:1 replacement ratio (i.e., three plants observed in mitigation area for each plant lost from the project site or off-site locations) achieved in at least one of the five years of monitoring.
29. Special Status Training (BIO-2). Prior to ground disturbance at the project site or off-site improvement locations, a qualified biologist shall conduct a training session for all construction personnel. At a minimum, the training shall include a description of special-status species potentially occurring in the project vicinity, including, but not limited to, California tiger salamander, burrowing owl, and nesting birds and raptors. Their habitats, general measures that are being implemented to conserve species as they relate to the project, and the boundaries within which construction activities will occur will be explained. Informational handouts with 14 photographs clearly illustrating the species’ appearances shall be used in the training session. All new construction personnel shall undergo this mandatory environmental awareness training.
The qualified biologist will train biological monitors selected from the construction crew by the construction contractor (typically the project foreman). Before the start of work each day, the monitor will check for animals under any equipment such as vehicles and stored pipes within active construction zones. The monitor will also check all excavated steep-walled holes or trenches greater than one foot deep for trapped animals. If a special-status species is observed within an active construction zone, the qualified biologist will be notified immediately and all work within 50 feet of the individual will be halted and all equipment turned off until the individual has left the construction area.
Evidence of completion of this training shall be submitted to City of Gonzales Community Development department prior to ground disturbance.
30. Tiger Salamanders (BIO-3). Prior to ground disturbance, the applicant shall initiate consultation with the U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife to determine the appropriate path forward for a construction project within the immediate vicinity of known hybridized (Ambystoma californiense X Ambystoma tigrinum) salamander populations.
If determined necessary during consultation, the applicant shall hire a qualified biologist to collect genetic samples of salamanders occupying agricultural detention basins or ponds within or adjacent to the project site and off-site improvement locations at least once per month in March, April, and May. The DNA shall then be analyzed to determine the genetic composition of the samples. If no salamanders are found, no further mitigation other than construction personnel training (Mitigation Measure 2) is necessary.
If salamanders are found, the applicant shall submit the results of the genetic analysis to U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife and obtain Incidental Take Authorization from the U.S. Fish and Wildlife Service and/or California Department of Fish and Wildlife, if necessary. Applications for Incidental Take Authorization require the identification of measures suitable to avoid, minimize, or mitigate impacts to the species and its habitat. In addition to protective measures implemented during construction specified in the permits, mitigation for the loss of breeding, aestivation, and/or dispersal habitat will also be a part of the permit requirements. The appropriate method of conservation and number of credits required will be determined during the consultation process.
Documentation of compliance with this measure shall be submitted to the City of Gonzales Community Development Department prior to ground disturbance.
31. Burrowing Owls (BIO-4). To avoid loss of or harm to burrowing owl, the following measures shall be implemented:
a. Prior to issuance of the Grading Permit, the applicant shall retain a biologist qualified in ornithology to conduct surveys for burrowing owl. The qualified biologist shall conduct a twovisit (i.e., morning and evening) presence/absence survey at areas of suitable habitat on and adjacent to the project site boundary, and at off-site improvement locations, no less than 30 days 15 prior to the start of grading. Surveys shall be conducted according to the methods for take avoidance 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). If no burrowing owls are found, a letter report confirming absence shall be prepared and submitted to the Community Development Director and no further measures are required. b. 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 (CDFW 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 (CDFW 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 Medium 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
32. Nesting Birds (BIO-5). It is possible that birds may nest in locations other than actively farmed agricultural fields. These locations could include the planned process water storage pond area and areas where planned off-site water main and sewer main alignments pass through nonactively farmed agricultural fields. To avoid impacts to nesting birds during the nesting season (January 15 through September 15), all construction activities in these areas should be conducted between September 16 and January 14, which is outside of the bird nesting season. If construction or project-related work is 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 in these areas as follows.
a. Two surveys for active bird nests will occur within 14 days prior to start of construction, with the final survey conducted within 48 hours prior to construction. Appropriate minimum survey radii surrounding each work area are typically 250 feet for passerines, 500 feet for smaller raptors, and 1,000 feet for larger raptors. Surveys will be conducted at the appropriate times of day to observe nesting activities. Locations to which access is not available, if any, may be surveyed from public areas. If no nesting birds are found, a letter report confirming absence shall be submitted to the City of Gonzales Community Development Department and no further mitigation is required.
b. If the qualified biologist documents active nests, an appropriate buffer between each nest and active construction shall be established. The buffer shall be clearly marked and maintained until the young birds 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 16 biologist shall monitor the nesting birds 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 biologist or construction foreman shall have the authority to cease all construction work in the area until the young birds have fledged and the nest is no longer active. Once the absence of nesting birds has been confirmed, a letter report shall be submitted to the Community Development Director.
33. Drainage Ditch (BIO-6). Prior to any grading that affects the drainage ditch that traverses the project site, or the drainage ditch along the south side of Gloria Road that could be affected by Gloria Road widening construction activities, and the drainage ditches that would be affected by constructing either off-site water main alignment, the applicant will retain a qualified biologist to determine the extent of potential wetlands and waterways regulated by the United States Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and California Department of Fish and Wildlife (CDFW).
If the USACE claims jurisdiction, the applicant shall obtain a Clean Water Act Section 404 Nationwide Permit. If the impacts to the drainage ditches do not qualify for a Nationwide Permit, the applicant will proceed in obtaining an Individual Permit from the USACE. The applicant will then coordinate with the RWQCB to obtain a Clean Water Act Section 401 Water Quality Certification. If necessary, the applicant will coordinate with the CDFW to obtain a Streambed Alteration Agreement.
To compensate for temporary and/or permanent impacts to wetlands and Waters of the U.S. that would be impacted as a result of the proposed project, mitigation shall be provided as required by the regulatory permits. Mitigation would be provided through one of the following mechanisms:
a. A Wetland Mitigation and Monitoring Plan shall be developed that outlines mitigation and monitoring obligations for temporary impacts to wetlands and other waters as a result of construction activities. The Wetland Mitigation and Monitoring Plan would include thresholds of success, monitoring and reporting requirements, and site-specific plans to compensate for wetland losses resulting from the project. The Wetland Mitigation and Monitoring Plan shall be submitted to the appropriate regulatory agencies for review and approval during the permit application process.
b. To compensate for permanent impacts, the purchase and/or dedication of land to provide suitable wetland restoration or creation shall ensure a no net loss of wetland values or functions.
If restoration is available and feasible, a minimum 1:1 impact to mitigation ratio would apply to projects for which mitigation is provided in advance.
For improvements on the project site or off-site improvement locations, the applicant shall comply with terms and conditions of the permits, including measures to protect and maintain water quality, restore work sites, and mitigation to offset temporary and/or permanent wetland impacts. The applicant shall be responsible for implementation of this mitigation measure prior to issuance of a grading permit.
34. Cultural Resources (CUL-1). If archaeological resources are discovered during project grading, then all work should be stopped within 50 meters (165 feet) of the find until a qualified 17 professional archaeologist can evaluate it. If the find is determined to be significant, then appropriate mitigation measures will be formulated and implemented. The following language shall also be included on all project plans: “If any archaeological resources are discovered during grading or construction, all work shall be immediately halted and appropriate personnel, including a qualified Native American representative, shall be contacted and consulted. Based on these consultations, appropriate measures shall be taken to protect the discovered resources, and only after such measures have been implemented shall grading or construction continue.”
35. Cultural Resources (CUL-2). If human remains are found during construction activities, there will be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Monterey 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 will contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission will identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The most likely descendent 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 California Public Resources Code Section 5097.98. The landowner or their authorized representative will 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 the most likely descendent or the most likely descendent failed to make a recommendation within two working days after being allowed access to the site; 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.
36. Construction Impacts from Fugitive Dust (AQ-1). To reduce dust emissions and Toxic Air Contaminants (TACs) from grading and construction activities, the applicant shall prepare a Construction Management Plan for review and approval of the Community Development Director or his/her designate prior to issuance of a grading permit. The Construction Management Plan shall include the following language in all bid documents and grading and construction plans, with measures to be implemented by the Contractor:
1. All exposed surfaces (e.g., parking areas, staging area, soil piles, graded areas, and unpaved access roads) will be watered with non-potable water twice per day, at a minimum;
2. All haul trucks transporting soil, sand, or other loose material off-site will be covered;
3. All vehicle speeds on unpaved roads will be limited to 15 miles per hour;
4. All roadways, driveways, and sidewalks to be paved will be completed as soon as possible. Building pads will be laid as soon as possible after grading unless seeding or soil binders are used;
5. Idling times will 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. Clear signage shall be provided for construction workers at all access points;
18 6. All construction equipment will be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation; and
7. Stage construction equipment and materials as far away from residential land uses to the extent feasible.
8. Heavy-duty diesel vehicles will have 2010 or newer model year engines, in compliance with the California Air Resources Board’s Truck and Bus Regulation, and will not be staged within 500 feet of occupied residences; and
9. All non-road diesel construction equipment will, at a minimum, meet Tier 3 emission standards listed in the Code of Federal Regulations Title 40, Part 89, Subpart B, Section 89.112. Further, where feasible, construction equipment will use alternative fuels such as compressed natural gas, propane, electricity or biodiesel.
37. Dust Control. Prior to the issuance of a grading permit, the Owner/Applicant shall submit a construction dust mitigation plan for review and approval by the Director of Public Works. The plan shall specify the methods of dust control that would be utilized, demonstrate the availability of needed equipment and personnel, use of reclaimed water for dust control, and identify a responsible individual who, if needed, can authorize implementation of additional measures. The dust mitigation plan shall incorporate Best Management Practices to be implemented during all construction activities, including but not limited to the following:
a. Water all active construction areas at least twice daily. Frequency should be based on the type of operation, soil, and wind exposure (and prevent visible emissions and off-site drift); b. Perform grading activities primarily during morning hours when wind is calmer, and prohibit all grading activities during periods of high wind (over 15 mph); c. Haul trucks shall maintain at least 2 feet of freeboard; d. All trucks hauling dirt, sand, or loose materials shall be covered; e. Cover inactive storage piles;
f. Install wheel washers at the entrance to construction sites for all exiting trucks; g. Post a publicly visible sign that specifies the telephone number and person to contact regarding dust complaints. This person shall respond to complaints and take corrective action within 48 hours. The phone number of the Monterey Bay Unified Air Pollution Control District shall be visible to ensure compliance with Rule 402 (Nuisance); h. Plant vegetative ground cover in disturbed areas as soon as possible; i. Sweep street if visible soil material is carried out from the construction site; and j. Limit the area under construction at any one time.
38. Construction Equipment Emissions. The Owner/Applicant shall be aware that the Air District suggests that cleaner construction equipment be used for the project, including equipment that conforms to ARB Tier 3 or Tier 4 emission standards. The District further recommends that, whenever feasible, construction equipment use alternative fuels such as compressed natural gas (CNG), propane, electricity or biodiesel.
19 Storm Water Pollution Prevention
39. Storm Water Pollution Prevention Plan. Prior to issuance of a grading permit, the Owner/Applicant shall receive approval of a site-specific Storm Water Pollution Prevention Plan (SWPPP) by the City Public Works Director. The SWPPP shall comply with the State NPDES Construction Permit or local ordinance, whichever is stricter. The Plan should cover prevention of soil loss by storm water run-off and/or wind erosion, of sedimentation, and/or of dust/particulate matter air pollution. A copy of the approved SWPPP shall be onsite during project construction. Obtaining the appropriate operational permit is also required prior to the issuance of an occupancy permit.
40. State Water Resources Control Board Industrial Permit. The Owner/Applicant is responsible for determining if the project needs to comply with the State’s General Permit for Storm Water Discharges Associated with Industrial Activities including on-site sampling requirements. If the project must comply with this Storm Water Permit, the Owner/Applicant shall take all appropriate actions and all design, permitting and construction costs shall be borne by the Owner/Applicant.
41. State Water Resources Control Board Phase II Small MS4 NPDES Permit.
Owner/Applicant shall be aware that a Storm Water Control Plan (SCP) will be required as a result of the City of Gonzales’ enrollment on, July 1, 2013, into the “State Water Resources Control Board Water Quality National Pollution Discharge Elimination System (NPDES) General Permit for Waste Discharge Requirements for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (MS4s) – Order No. 2013-0001-DWQ, General Permit CAS000004.” The Stormwater Control Plan (SCP) shall be reviewed and approved by the Public Works Director prior to the first Certificate of Occupancy. The SCP shall be prepared by a registered civil engineer, in conformance with the Post Construction Standards outlined in Section XII of the “General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities Order No. 2009-0009-DWQ as amended by 2010-0014-DWQ and 20 12-0006-DWQ”. The SCP must include an Operation and Maintenance (O&M) Plan that addresses maintenance procedures and intervals for each SCM and identifies the responsible party to conduct maintenance. A maintenance Agreement will be required to ensure on-going maintenance for the life of the facility. The Agreement shall include the project owner’s signed statement accepting responsibility for the O&M of the installed onsite and/or offsite structural treatment and flow control SCMs until such responsibility is legally transferred to another entity; and either:
a. Written conditions in the sales or lease agreements or deed for the project that require the buyer or lessee to assume responsibility for the O&M of the onsite and/or offsite structural treatment and flow control SCM until such responsibility is legally transferred to another entity; or b. Any other legally enforceable agreement or mechanism, such as recordation in the property deed, that assigns responsibility for the O&M of the onsite and/or offsite structural treatment and flow control SCM to the project owner(s) or the City.
42. Design of Storm Water Facilities. The Owner/Applicant shall utilize the Post-Construction Stormwater Management Requirements for Developments Projects in the Central Coast Region (Resolution No. R3-2013-0032) for the design of storm water retention facilities to be constructed to mitigate the increase in runoff due to development of the project. In addition, the project shall retain the 20 100-year storm return period. A registered Soils/Geotechnical Engineer shall perform on-site soil testing and percolation tests to determine the estimated infiltration rate for design purposes. A registered Civil Engineer shall prepare a hydrology/hydraulics report based on storm hydrographs and other criteria in the Monterey County Drainage Design Manual. The results of all tests and the hydrology/hydraulics report shall be reviewed and approved by the City Engineer.
43. On-site Storage and Treatment of Industrial Wastewater. The Owner/Applicant has proposed the enlargement of a basin on applicant-owned property at its own expense outside the City and proposed annexation area to serve the project. Prior to the issuance of a Certificate of Occupancy for the project, the applicant shall obtain and provide evidence to the City of Gonzales of completed permits for storage of industrial wastewater at the adjacent site from the Central Coast Regional Water Quality Control Board, Monterey County Environmental Health Department and any other governmental agency with jurisdiction with regard to public health, groundwater or vector control matters. Any lagoons, ponds or other storage of industrial wastewater shall be lined to the satisfaction of the determining officers of the relevant agencies.
44. Compliance with City of Gonzales Ordinance No. 2015-83. The Owner/Applicant shall comply with the applicable provisions of Ordinance No. 2015-83, including those provisions contained in the Gonzales City Code at Chapter 10.24 Water Efficient Landscape Design Requirements and Chapter 10.28 Stormwater Quality Management and Discharge Control.
Water Conservation & Wastewater Allocation, Discharge and Monitoring
45. Water Conservation. Prior to the issuance of a building permit, the Owner/Applicant shall submit to the City a water conservation plan for review and approval by the Director of Public Works and the City Engineer that includes the information outlined in GCC Chapter 10, §10.08.050. If practical, the Owner/Applicant should consider recycling of and reuse of the water that is used on the site.
46. Industrial Wastewater Discharge. Concurrent with the submittal of Improvement Plans and/or prior to the issuance of a building permit, the Owner/Applicant shall cause the preparation of a plan for review and approval by the Director of Public Works that addresses on-site storage, conveyance and disposal of industrial wastewater associated with operation of the facility.
An Industrial Wastewater Discharge permit in compliance with the city’s Industrial Wastewater Pretreatment Program shall be obtained prior to any industrial wastewater discharge.
The Industrial Wastewater Discharge plan shall address the volume of flow discharged by the project, including effluent constituents, and the manner in which the wastewater is treated and disposed of (GCC Chapter 10, §10.16.100(A)(1)&(2)). Prior to the issuance of a building permit, the Owner/Applicant shall obtain approvals for project-related Industrial Wastewater Improvements from the Central Coast Regional Water Quality Control Board, the County of Monterey Health Department and the City.
47. Wastewater Allocation. City assigns to the property a total wastewater capacity allocation of 5,740 gallons/day (gpd) consisting of 0.0 gpd of industrial wastewater (aka ag-wash water) and 5,740 gpd of domestic wastewater, subject to rules and regulations provided in Gonzales City Code Chapter 21 10.16 titled “Sewage Disposal”, and compliance with all other terms and conditions contained in these conditions of approval, and all other terms and conditions otherwise applied to said operations.
48. Wastewater Discharge and Monitoring. Concurrent with submittal of Improvement Plans, the Owner/Applicant shall cause the design and installation, at its sole expense, a sewer discharge flow meter and effluent constituent sampling station & enclosure for use by City in monitoring project discharges from the industrial wastewater discharge line (GCC Chapter 10.16, §10.16.100(C)(1)). Plans for the monitoring station shall be subject to the review and approval of the Director of Public Works.
The Owner/Applicant is required to properly install and maintain a flow meter to measure effluent flow at the constituent sampling station & enclosure. The type of meter shall be determined by the Director of Public Works. The effluent flow meter shall include a refrigerated programmable composite sampler and shall display instantaneous flow and totalized flow that is recorded on a 7 day chart recorder. The city may require calibration of the flow meter when the City deems it necessary, but at a minimum on an annual basis. Following installation, the monitoring station shall be accessible to City Public Works employees and shall be maintained and kept in good working order at all times. The sampling station shall be designed to ensure that electrical power is continual and without any interruptions.
The Owner/Applicant shall pay for all laboratory analysis required for compliance with this condition of approval.
49. Concentration of Industrial Waste. The Owner/Applicant shall provide proper screens to reduce the concentration of industrial wastes to acceptable levels. The mesh (screen) shall be of sufficient fineness to prevent the entrance of objectionable slugs of solids to the industrial sewer line.
Screens shall be located to be readily and easily accessible for cleaning and inspection. Discharges shall insure that screen be replaced or cleaned without releasing slugs of materials into the industrial waste system. The Owner/Applicant shall consult with the Director of Public Works as to the type of screen and its location.
50. Exceedance of Daily Flow and/or Prohibited Discharges. If average daily flow (discharge of wastewater, as determined from an average metered for any period of 12 consecutive months) should exceed the permitted volume of 5,740 gallons/day (gpd), the Owner/Applicant shall pay to City the additional impact fee or fees, based on the amount by which average daily flow exceeds the permitted discharge.
Circulation (On- and Off-site) and Parking
51. Gloria Road Dedication. Prior to the issuance of the Grading Permit for the project, Owner/Applicant shall, at its own expense, dedicate to the City the necessary required right-of-way to allow for a total of 81 feet for the ultimate roadway section for Gloria Road across the project frontage.
52. Gloria Road Improvements. Prior to issuance of the initial temporary or permanent Certificate of Occupancy, the Owner/Applicant shall have completed construction of roadway improvements along Gloria Road according to the adopted street section in the Sphere of Influence Circulation Study (prepared by Kimley-Horn, December 8, 2019). The improvements shall conform and “taper” to existing road improvements at each end of the project frontage. 22 The improvement plans shall accommodate the future roundabout at the intersection of Gloria Road/Herold Parkway. The plans, specifications, and cost estimates shall be approved by the Public Works Director. Construction of the roadway improvements shall be inspected by the city and any defects shall be addressed prior to issuance of the initial temporary or permanent Certificate of Occupancy.
53. Herold Parkway Dedication. Prior to the issuance of the Grading Permit for the project, the Owner/Applicant shall, at its own expense, provide the city with an irrevocable offer to dedicate the 80- feet of right-of-way to the City of Gonzales for the future extension of Herold Parkway from the northern edge of the property to the future intersection of Gloria Road, according to approved project plans. Such dedication is intended to be centered along the western boundary of the annexation site and final alignment shall be reviewed and approved by the Public Works Director.
54. Encroachment Permit. The Owner/Applicant shall obtain encroachment permits from the City for any work to be performed in City public rights-of-way, from the County for any work to be performed within the Monterey County rights of way, and from the California Department of Transportation for any work to be performed in the State rights-of-way. Any work in these rights-ofways shall be performed by contractors licensed in the State of California.
55. Internal Parking Areas & Fire Lanes. Prior to the issuance of any temporary and/or Final Certificate of Occupancy for the Project, or a portion thereof, Owner/Applicant shall construct the parking lot and internal paved areas to City standards, subject to approval by the City’s Public Works Director. If applicable, fire lanes shall be posted and maintained in areas determined appropriate and approved by the Fire Marshal.
56. On-Site Parking. Pursuant to the project description, the Owner/Applicant shall provide a minimum of 400 on-site parking spaces, including nine (9) accessible parking spaces. 61 parking spaces nearest to employee entrances (except as required by accessibility requirements) shall be designated as “Carpool-Only” spaces. Prior to the issuance of any temporary and/or Final Certificate of Occupancy for the entire Project, or a portion thereof, the Owner/Applicant shall ensure that all required parking spaces are provided, striped and ready to use. At no time shall the Owner/Applicant utilize Gloria Road to satisfy the parking needs for the operation of the processing facility. Additionally, the Owner/Applicant shall continually monitor parking operations on the site and additional parking spaces shall be provided on-site to offset the demand if an insufficient parking supply is observed. EV Charging stations shall be installed per the 2023 Calif Building Code.
57. Off-Street Traffic Flow Markings. Prior to the issuance of any temporary and/or Final Certificate of Occupancy for the Project, or a portion thereof, the Owner/Applicant shall ensure that all off-street parking areas are provided with entrance, exit and traffic flow markings so arranged and marked as to provide for orderly and safe parking of automobiles, subject to the approval of the Director of Public Works and the City Engineer.
58. Damage to Curb and Gutter and Street Paving within the Public Right-of-Way. Prior to issuance of a grading permit, the Owner/Applicant shall submit documentation (e.g., photographs) illustrating the condition of all curb and gutter and street pavement within the public right-of-way along the frontage of the site. Prior to the issuance of any temporary and/or Final Certificate of Occupancy for the entire Project, or a portion thereof, the Director of Public Works shall inspect the curb and gutter and street paving along the frontage of the project site and based upon comparison with previously 23 submitted materials shall determine what, if any, items should be replaced due to having been damaged or destroyed. Any damaged portions of the existing roadway shall be replaced to the satisfaction of the City’s Public Works Director.
59. Frontage Improvement Plans and Access Driveway. The number and location of project driveways shall be designed to City standards and is subject to the review and approval of the Director of Public Works. Improvement Plans shall include truck turning templates to demonstrate the driveway location, design radii, sight distance, setbacks and geometric layout shall result in all vehicles that enter and exit the site travel in appropriate traffic lanes.
60. Utility Easements. The Owner/Applicant shall dedicate all required easements for utility, streets and public access ways to the City to the satisfaction of the City’s Public Works Director.
Fencing and Landscaping (On- and Off-site)
61. Perimeter Fencing. Chain-linked fencing may be constructed along the rear, side and interior portions of the property. The fencing shall include PVC or wooden slats and/or vegetative screening, which method shall be coordinated with the Director of Community Development. Barbed wire or razor fencing shall not be permitted on any perimeter fence due to aesthetic and public safety concerns.
62. Gloria Road Landscaping. At the time Improvement Plans are submitted, the Owner/Applicant shall submit a detailed landscape/irrigation plan and specifications for areas within the public right-of-way to the property line along Gloria Road. Landscaping, including street trees shall be consistent with the approved landscaping plans. Minor deviations between the submitted Plan and any approved master plan may be approved by the Director of Community Development and Public Works Director. The landscape plan shall include a table for demonstrating compliance with required ratios or percentages of landscaping, site coverage, etc.
Upon approval of the Landscaping Plan, the Owner/Applicant shall enter into an agreement with the City, which discusses the time frame for the installation of the irrigation and landscaping, and provide the City with financial security in an amount sufficient to cover 100 percent of the cost for the installation of the irrigation and landscaping improvements guaranteeing that the installation will occur.
Prior to the issuance of a Final Certificate of Occupancy, the Owner/Permittee shall cause the installation of the landscaping and irrigation improvements to occur in conformance with City standards and specifications (City of Gonzales Public Works Department Design Standards and Standard Specification). Installation of the improvements shall be certified by a licensed landscape architect or licensed landscape contractor in accordance with the approved detail plans and specifications.
A one (1) year plant establishment period shall go into effect once the City issues a Final Certificate of Occupancy. The Owner/Applicant shall maintain the landscaping and irrigation system for the duration of the one (1) year plant establishment period at his/her sole expense. The plant establishment responsibility and irrigation guarantee shall conform to the City’s design standards and standard specifications. Thirty (30) days prior to the expiration of the plant establishment period, the Owner/Applicant shall perform a walk-through with the Director of Public Works to assess the condition of the landscaping.
24 Prior to the release of financial security, the Owner/Applicant shall have the installation of the irrigation system and landscaping certified by a licensed landscape architect or licensed landscape contractor, has having been installed in accordance with the approved detail plans..
63. On-Site Landscaping. At the time Improvement Plans are submitted, the Owner/Applicant shall submit a detailed landscape/irrigation plan and specifications for areas on-site for review and approval by the Director of Community Development and the Director of Public Works, providing details, per City standard of ground cover, shrubs and trees proposed on-site and within parking areas (GCC §12.120.070(C) and §12.120.100 (B through F)). The landscape plan shall include a separate table for each calculation demonstrating compliance with required ratios or percentages of landscaping, site coverage, etc. Prior to the issuance of a Final Certificate of Occupancy, the Owner/Permittee shall cause the installation of all on-site landscaping and irrigation improvements
64. Noise/Fence along Eastern Boundary (N-1). The applicant shall implement one or a combination of measures to reduce noise levels along the eastern fence line of the facility to City standards. The measure options include, but may not be limited to:
a. Construct a soundwall along the entire eastern facility fence line to a minimum height of 8.5‐feet above the receiver site elevation to reduce noise levels east of the eastern fence line by a minimum of 5 dB. The exact noise level reduction provided by the wall is dependent on the potential location of sensitive receptors within this area, with the respect to the wall. An 8.5‐foot sound wall would provide adequate noise attenuation at potential ground level outdoor activity at potential future, adjacent noise sensitive uses. Suitable construction materials include concrete blocks, masonry, or stucco on both sides of a wood or steel stud wall; and/or b. Incorporate industrial types of sound attenuating enclosures, sound absorbing materials, or other appropriate localized sound attenuation measures to reduce noise levels at/near the individual processing equipment noise sources. The attenuation measures and their effectiveness shall be selected in consultation with a qualified acoustical consultant to be retained by the applicant; and/or;
c. Redesign the project site plan to locate noise‐producing equipment further from the eastern property line (e.g., along the south side of the facility).
If the applicant chooses to construct a soundwall, plans for the soundwall shall be included on the construction drawings and soundwall height and specifications confirmed by the City of Gonzales Building Department prior to issuance of a building permit. If “at source” noise reduction measures and/or site redesign options are pursued by the applicant, the applicant shall retain a qualified acoustical consultant to evaluate and demonstrate that measures have been selected which are sufficient to meet the City’s noise standards at the eastern facility fence line. The measures shall be included in the project plans for review and approval by the Community Development Director prior to issuance of a building permit. If a soundwall is constructed, it shall be completed prior to issuance of a building permit for the first future project approved for land located directly adjacent to the eastern facility fence line.
65. Noise/Fence Along Northern Boundary (N-2). The applicant shall either construct a soundwall along the entire northern facility fence line (parcel boundary) or eliminate loading dock activities between 10:00 p.m. and 7:00 a.m. If the soundwall option is selected, it shall be 25 constructed to a minimum height of 8.5‐feet above the receiver site elevation to reduce noise levels north of the northern facility fence line by a minimum of 5 dB. The exact noise level reduction provided by the wall is dependent on the potential location of sensitive receptors within this area, with the respect to the wall. An 8.5‐foot sound wall would reduce nighttime loading dock noise levels at the northern fence line to below City threshold by providing adequate noise attenuation at ground level outdoor activity areas of potential future, adjacent noise sensitive uses. Suitable construction materials include concrete blocks, masonry, or stucco on both sides of a wood or steel stud wall.
If the applicant chooses to construct a soundwall, plans for the soundwall shall be included on the construction drawings and soundwall height and specifications confirmed by the City of Gonzales Building Department prior to issuance of a building permit. If a soundwall is constructed, it shall be completed prior to issuance of a building permit for the first future project approved for land located directly adjacent to the northern facility fence line. If the applicant choses to prohibit loading dock activities from 10:00 p.m. and 7:00 a.m., this shall be attached a condition of project approval by the Community Development Director prior to approval of a general plan amendment or a project-specific entitlement if one is required by the City.
Fire Safety and Hazardous Materials
66. Hazardous Materials/Fire Safety. Location and storage of combustible materials shall be in compliance with the Fire Code and shall be checked and approved by the Fire Marshal. All hazardous materials storage and disposal shall be accomplished in accordance with the Monterey County Health Department and applicable local, State and federal agency guidelines and requirements and shall be subject to inspection by the Fire Marshal. Prior to the issuance of any temporary and/or Final Certificate of Occupancy for the entire Project, or a portion thereof:
a. Provide to the Fire Marshal for review and acceptance a copy of the Monterey County Health Department approved Hazardous Materials Management Plan (HMMP); b. Provide a Hazardous Material Inventory Statement (HMIS) for review and acceptance by the Fire Marshal.
c. Install Knox Box key access to any portions of site that will be located behind locked gates and to the main access doorway of all buildings which may be necessary to access during emergencies in accordance with the requirements of the Fire Marshal. d. Install a fire sprinkler system throughout the building, including a Post Indicator Valve. Install an alarm and warning system in association with the fire sprinkler system per requirements of the Public Safety Director and/or Fire Marshal.
e. Submit a plan for street numbering for review and approval by the Public Safety Director and/or Fire Marshal. All entrances from the street to the building shall be properly numbered so that the number may be readily seen from the street. Numerals shall be at least 4” and shall be of a highly contrasting color to the background (e.g., black numerals on a white background).
67. Fire Safety Inspection. Prior to the issuance of any temporary and/or Final Certificate of Occupancy for the entire Project, or a portion thereof, the Owner/Applicant shall contact the Fire 26 Marshal and request a meeting to discuss the layout of the carton bays and pallet storage area (for example, there shall be an eight-foot setback from all perimeter fencing). The final layout of the carton storage yard, its carton bays and pallet storage area is subject to the satisfaction of the Director of Public Safety and/or Fire Marshal. The fire safety inspection is subject to the payment of all applicable fees.
68. Environmental Site Assessment (HAZ-1). Prior to the issuance of a grading permit, the applicant shall prepare a Phase I Environmental Site Assessment to determine the potential for or actual presence of hazardous material conditions, including agricultural chemical residues, in all locations that would be disturbed to construct the project, including off-site improvement locations. The applicant shall report the results of the Phase I Environmental Assessment to the Community Development Director prior to issuance of a grading permit.
If potential or actual hazardous materials conditions are identified that require preparation of a Phase II Environmental Site Assessment, the applicant shall be responsible for conducting the assessment and shall submit the assessment to the Community Development Director for review. The applicant shall be responsible for implementing all recommendations and requirements for remediation of hazardous materials conditions identified therein, should such conditions be identified. Hazardous materials removed from the site shall be managed consistent with regulations contained in the California Code of Regulations, Title 22 Division 4.5. Certification that remediation actions have been completed shall be provided to the Community Development Director prior to issuance of a grading permit.
Diversion of Solid Waste and Construction/Demolition Debris (Recycling)
69. Diversion of Commercial Solid Waste (Recycling). Prior to the issuance of a temporary and/or Final Certificate of Occupancy, the Owner/Applicant shall receive city approval of a comprehensive recycling and waste management plan. The content and implementation measures of the Plan shall conform to guidelines promulgated by the City of Gonzales. The plan shall include, but not be limited to, a program for implementing waste prevention activities, providing adequate containers for recyclable materials (e.g., paper, plastic, glass, metal and cardboard). Preparation of the Plan shall be coordinated with the City's Recycling Coordinator and reviewed and approved by the Public Works Director.
70. Diversion of Construction & Demolition Debris (Recycling). Prior to the issuance of a Demolition Permit and/or Building Permit, the Owner/Applicant shall cause the preparation of a Construction and Demolition Debris Waste Management Plan for the project. The content and implementation measures of the Plan shall conform to guidelines promulgated by the City of Gonzales, as summarized in a handout entitled "City of Gonzales Construction & Demolition Recycling Requirement Review for: Demolition, New Construction & Roofing". The Plan shall include, but not be limited to, a Construction Waste Management Plan, Construction Waste Management Worksheet and Inventory of Waste Material Type and Diversion Method, and Waste Reduction & Recycling Plan.
Preparation of the Plan shall be coordinated with the City's Recycling Coordinator, and reviewed and approved by the Coordinator and the City Building Official.
71. SB 1383 Compliance (Organics Recycling). The facility will be required to meet State requirements under SB 1383 which are as follows:
27 a. Businesses must provide organic waste collection services for employees, contractors and customers on premises and must supply and allow access to an adequate number, size, and location of containers with the correct labels or container colors. b. Annually educate employees, contractors, customers, and tenants on how to properly sort organic waste into the correct bins, and employees, contactors, and customers must properly sort organic materials into the correct containers at business establishments. c. Businesses are required to either subscribe to and participate in their jurisdiction’s organics curbside collection service or self-haul organic waste to a specified composting facility, community composting program, or other collection activity or program. d. Businesses must provide collection containers for organic waste and recyclables in all areas where disposal containers are provided for customers, except in restrooms. However, if a business does not generate any of the materials that would be collected in a specific container, then it does not have to provide that particular container. e. Internal containers must conform to the proper color requirements or labeling requirements.
f. Businesses must periodically inspect organic waste containers for contamination and inform employees if containers are contaminated and instruct employees about how to properly sort material into the correct containers.
I hereby declare that I have read the foregoing conditions and that they are the conditions which were imposed upon the granting of this permit. I agree to abide fully by these conditions.
Date: _________________ ____________________________________ Owner: Rianda Family Partnership
By: ____________________________
Title: __________________________
CITY OF GONZALES
Date: _________________ ________________________________________ Taven Kinison Brown
Community Development Director
Any action or decision of the Director of Community Development may be appealed to the Planning Commission in the manner set forth in GMC § 12.29.080.
[END OF CONDITIONAL USE PERMIT 2023-02]