AGENDA GONZALES PLANNING COMMISSION MEETING CITY COUNCIL CHAMBERS 117 FOURTH STREET GONZALES, CALIFORNIA MONDAY, SEPTEMBER 9, :00 P.M.

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1 AGENDA GONZALES PLANNING COMMISSION MEETING CITY COUNCIL CHAMBERS 117 FOURTH STREET GONZALES, CALIFORNIA MONDAY, SEPTEMBER 9, :00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL- COMMISSIONERS 1. Tim Jackson, Robert Chavez, Cesar Ayon, Chair Pro Tem Gloria Velasquez, and Chairperson Jose Rios BUSINESS FROM THE PUBLIC 2. Business from the Public not on the Agenda. Any member of the Public may address the Commission for a period not to exceed three minutes on any subject not on the Agenda. The Commission will listen to all communications, but can take no action. CONSENT AGENDA All matters listed under the Consent Agenda are considered routine by the Planning Commission and will be adopted by one action of the Commission unless any Planning Commissioner has a question or wishes to make a statement or discuss an item. In that event, the Chairperson will remove the item from the Consent Calendar for separate consideration. 3. Consider Approval of August 13, 2012 Planning Commission Minutes 4. Consider Approval of February 11, 2013 Planning Commission Minutes 5. Consider Approval of August 12, 2013 Planning Commission Minutes REGULAR AGENDA 6. Public Hearing to Consider a Resolution of the Planning Commission of the City of Gonzales Recommending that the City Council Approve A Tentative Subdivision Map to Subdivide a 3.583± acre parcel (APN ) Located on Southwest Corner of Fifth Street and Herold Parkway in the California Breeze Subdivision in the HC Highway Commercial zoning district into Three Parcels of 86,334± gross square feet (Parcel 1); 42,243± gross square fee (Parcel 2) and 27,304± gross square feet (Parcel 3). a. Staff Report b. Open Public Hearing c. Close Public Hearing d. Commission Discussion e. Commission Action-Adopt Resolution PC Any writing or documents provided to a majority of the Planning Commission regarding any item on this agenda will be make available for public inspection at City Hall located at 147 Fourth Street, Gonzales, California, during normal business hours. Page 1 of 2 PC Special Mtg. Agenda

2 BUSINESS FROM COMMISSION 8. Oral Communication BUSINESS FROM STAFF 9. Oral Communication ADJOURNMENT In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (831) Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (CFR ADA Title II). Any writing or documents provided to a majority of the Planning Commission regarding any item on this agenda will be make available for public inspection at City Hall located at 147 Fourth Street, Gonzales, California, during normal business hours. Page 2 of 2 PC Special Mtg. Agenda

3 t Agenda Item 3 MINUTES GONZALES PLANNING COMMISSION MEETING CITY COUNCIL CHAMBERS FOURTH STREET GONZALES, CALIFORNIA MONDAY, AUGUST 13, :00 P.M. CALL TO ORDER Chair Pro Tem Rios called the regular meeting to order at 6:05 p.m. PLEDGE OF ALLEGIANCE ROLL CALL The flag salute was recited by all present. 1. PLANNING COMMISSIONERS PRESENT Robert Bonincontri, Jose Rios, Tim Jackson, and Gloria Velasquez Angel Mendez excused absence. STAFF PRESENT Community Development Director Thomas Truszkowski and Administrative Assistant Paula Bonincontri BUSINESS FROM THE PUBLIC 2. There was none. CONSENT AGENDA 3. Consider Approval of June 11, 2012 Planning Commission Minutes. Continued to the next meeting due to no quorum. REGULAR AGENDA 4. Public Hearing to Consider A Resolution of the Planning Commission of the City of Gonzales Approving Conditional Use Permit to Permit at the Location of 101 Puente del Monte Avenue the Construction and Operation of a Vegetable Cooling and Page 1 of 3 PC Minutes

4 Food Processing Facility, a Two-story Office/Employee Service Area, a Two-story Dispatch Office and Appurtenant Uses on a 12.72± Acre Vacant Parcel in the Gonzales Agricultural Business Industrial Park Staff Report: Community Development Director Truszkowski presented the staff report. Commissioner Velasquez asked if this was a new business or existing business, and regarding the number of employee, would they transfer from the facility. Public Hearing: Chair Pro Tem Rios opened the public hearing at 6:15 p.m. Mike Azzopardi, 564 River Road, Salinas, applicant, stated that this proposed facility is exactly like the Pure Pacific Organic facility, but would be twice as large. There would be additional employees hired when located to Gonzales. Chair Pro Tem Rios closed the public hearing at 6:18 p.m. Action: Commissioner Jackson moved to adopt Resolution No. PC , approving Conditional Use Permit subject to the findings and conditions set forth in Exhibit B, Attachment 1. Commissioner Velasquez seconded the motion. Approved by vote; all ayes. BUSINESS FROM COMMISSION 5. Oral Communication There was none. BUSINESS FROM STAFF 6. Oral Communication Mr. Truszkowski stated that an update on the plans for the Health & Wellness Center are progressing slowly and making favorable progress. Mr. Truszkowski indicated that John Handel is proposing to install two commercial wind turbines adjacent to the industrial park. The power generated would supply the industrial park. Chair Pro Tem Rios asked would the current Gonzales Medical Group re-locate to the proposed facility on Fifth Street. Mr. Truszkowski stated yes and possibly, in the future, Clinic de Salud may locate to the medical building on Fourth Street. Chair Pro Tem Rios asked what is going on with the former bank building. Mr. Truszkowski stated nothing. There are now in place new laws regarding the sale of former Redevelopment properties. Those laws are holding up reuse of the property. Page 2 of 3 PC Minutes

5 Commissioner Velasquez asked was the City house on Day Street sold. Mr. Truszkowski stated yes. ADJOURNMENT Commissioner Bonincontri made a motion to adjourn. Commissioner Jackson seconded the motion. Approved by vote; all ayes. The Planning Commission Meeting was adjourned at 6:25 p.m. Jose Rios, Chair Pro Tem ATTEST: René L. Mendez, City Clerk Page 3 of 3 PC Minutes

6 t Agenda Item 4 MINUTES GONZALES PLANNING COMMISSION MEETING CITY COUNCIL CHAMBERS FOURTH STREET GONZALES, CALIFORNIA MONDAY, FEBRUARY 11, :00 P.M. Commissioner Velasquez nominated Commissioner Jackson as Acting Chairperson. Commissioner Chavez seconded the motion. Approved by vote; all ayes. CALL TO ORDER Acting Chairperson Jackson called the regular meeting to order at 6:04 p.m. PLEDGE OF ALLEGIANCE ROLL CALL The flag salute was recited by all present. 1. PLANNING COMMISSIONERS PRESENT Tim Jackson, Gloria Velasquez, and Robert Chavez Jose Rios excused absence. 2. ELECT CHAIRPERSON Acting Chairperson Jackson nominated Jose Rios for Chairperson. Commissioner Velasquez seconded the motion. Approved by vote; all ayes. Community Development Director Truszkowski said that the nomination for Chair Pro Tem would occur at the next meeting. STAFF PRESENT Community Development Director Thomas Truszkowski and Administrative Assistant Paula Bonincontri BUSINESS FROM THE PUBLIC 3. There was none. CONSENT AGENDA Page 1 of 4 PC Minutes

7 4. Consider Approval of June 11, 2012 Planning Commission Minutes. Community Development Director Truszkowski indicated that the membership on the Commission had changed such that there is no longer a quorum of Commissioners that were in attendance of the meeting so therefore, the June 11, 2012 Planning Commission Minutes would go unapproved. 5. Consider Approval of August 13, 2012 Planning Commission Minutes The August 13, 2012 Planning Commission Minutes would be continued to the next meeting due to a lack of a quorum of Commissioners that were in attendance of the meeting. REGULAR AGENDA 6. Public Hearing to Consider Resolutions Making Findings and Recommending that the City Council Certify the Adequacy of the Gonzales Climate Action Plan Final Supplemental Environmental Impact Report (Final SEIR); and a Recommendation that the City Council Adopt the Gonzales Climate Action Plan Staff Report: Community Development Director Truszkowski presented a power point presentation. Public Hearing: Acting Chairperson Jackson opened the Public Hearing at 6:35 p.m. No comments came forward. Acting Chairperson Jackson closed the Public Hearing at 6:35 p.m. Acting Chairperson Jackson asked why solar power was indicated for commercial use only and residential left out of the document. Community Development Director Truszkowski stated that the City adopted the California Green Building Code in January 2011 and it mandates that all residential units constructed in the future are to be plumbed for solar energy. Acting Chairperson Jackson stated that although the unit is plumbed for solar, there is no certainty that a developer or homeowner would ever install solar. Community Development Director Truszkowski indicated that solar technology for residential uses is not perfected and the solar energy systems are rather expensive. Commissioner Chavez asked if the manufacturing of solar panels creates pollution and what is the gain to the state, if in fact manufacturing of the panels creates more pollution than the benefit of energy saved. Community Development Director Truszkowski indicated that the gain to the state is probably that the roof tops that solar energy panels are on and the energy saved, balances it out. Page 2 of 4 PC Minutes

8 Acting Chairperson Jackson asked could this item be added. Community Development Director Truszkowski indicated that it would be recommended to the City Council. Action: Acting Chairperson Jackson made a motion to adopt Resolution No. PC , announcing findings and recommending that the City Council certify the adequacy of the Gonzales Climate Action Plan Final Supplemental Environmental Impact Report. Commissioner Velasquez seconded the motion. Approved by vote; all ayes. Action: Acting Chairperson Jackson made a motion to adopt Resolution No. PC , announcing findings and recommending that the City Council adopt the Gonzales Climate Action Plan. Commissioner Chavez seconded the motion. Approved by vote; all ayes. BUSINESS FROM COMMISSION 7. Oral Communication There was none. BUSINESS FROM STAFF 8. Oral Communication Community Development Director Truszkowski mentioned that the Gonzales Health Center is going through the process again in the Planning Department. Community Development Director Truszkowski commented that the proposed wind turbine project has gone before the Monterey County Planning Commission and has been continued to a meeting in March. Also, Community Development Director Truszkowski stated that an article would be published in the Gonzales Tribune regarding the wind turbine project. ADJOURNMENT Acting Chairperson Jackson made a motion to adjourn. Commissioner Velasquez seconded the motion. Approved by vote; all ayes. The Planning Commission Meeting was adjourned at 6:45 p.m. Tim Jackson, Acting Chairperson Page 3 of 4 PC Minutes

9 ATTEST: René L. Mendez, City Clerk Page 4 of 4 PC Minutes

10 t Agenda Item 5 MINUTES GONZALES PLANNING COMMISSION MEETING CITY COUNCIL CHAMBERS FOURTH STREET GONZALES, CALIFORNIA MONDAY, AUGUST 12, :00 P.M. CALL TO ORDER Chair Pro Tem Velasquez called the regular meeting to order at 6:05 p.m. PLEDGE OF ALLEGIANCE ROLL CALL The flag salute was recited by all present. 1. PLANNING COMMISSIONERS PRESENT Robert Chavez, Cesar Ayon, and Chair Pro Tem Gloria Velasquez Tim Jackson excused absence. Jose Rios excused absence. STAFF PRESENT Community Development Director Thomas Truszkowski and Administrative Assistant Paula Bonincontri BUSINESS FROM THE PUBLIC 2. There was none. CONSENT AGENDA 3. Consider Approval of August 13, 2012 Planning Commission Minutes (Continue to September 9, 2013) Community Development Director Truszkowski indicated that due to the lack of a quorum of the Commission for these minutes they will be continued to the next meeting. 4. Consider Approval of February 11, 2013 Planning Commission Minutes (Continue to September 9, 2013) Page 1 of 4 PC Minutes

11 Community Development Director Truszkowski indicated that due to the lack of a quorum of the Commission for these minutes they will be continued to the next meeting. 5. Consider Approval of April 8, 2013 Planning Commission Minutes Action: Commissioner Chavez moved to approve the Consent Agenda Item #5. Commissioner Ayon seconded the motion. Approved by vote; all ayes. REGULAR AGENDA 6. Public Hearing to Consider A Resolution of the Planning Commission of the City of Gonzales Approving Conditional Use Permit No to Permit, Construct and Operate a Vegetable Food Processing and Cooling Facility and Appurtenant Uses on a Project Site Consisting of 21.03± Acres within the Gonzales Agricultural Industrial Business Park Staff Report: Community Development Director Truszkowski presented the staff report. Public Hearing: Chair Pro Tem Velasquez opened the Public Hearing at 6:15 p.m. Commissioner Ayon asked would there be jobs available to the Gonzales residents. Community Development Director Truszkowski indicated there would be approximately 125 to 150 jobs. The applicant indicated that they would do their best to offer jobs through job fairs to local residents. Chair Pro Tem Velasquez asked would employees from other Taylor facilities be brought in to this facility. Community Development Director Truszkowski indicated that employees would likely come from outside Gonzales. Community Development Director Truszkowski asked the applicant to address the Commission. Nicholas DaCosta, Chief Operating Officer for Taylor Farms, thanked City staff for their efforts during the permitting process. Mr. DaCosta stated that Taylor Farms have eleven facilities in the United States and one in Mexico. Commissioner Ayon asked would the truck traffic use Alta Street. Community Development Director Truszkowski indicated that a Traffic Analysis is being conducted to determine the most effective truck routes. Mr. DaCosta stated that back in 2003 during the first phase of their project it was discussed that trucks would be routed off 101 Highway via Gloria Road exit and this is still in use. Mr. DaCosta added that a high percentage of their current employees are Gonzales resident. Chair Pro Tem Velasquez closed the Public Hearing at 6:17 p.m. Page 2 of 4 PC Minutes

12 Action: Chair Pro Tem Velasquez move to adopt Resolution No. PC approving Conditional Use Permit subject to the findings and conditions set forth in Attachment 1. Commissioner Ayon seconded the motion. Approved by vote; all ayes. 7. Public Hearing to Consider a Resolution of the Planning Commission of the City of Gonzales Recommending that the City Council Approve A Tentative Subdivision Map to Subdivide a 3.583± acre parcel (APN ) Located on Southwest Corner of Fifth Street and Herold Parkway in the California Breeze Subdivision in the HC Highway Commercial zoning district into Three Parcels of 86,334± gross square feet (Parcel 1); 42,243± gross square fee (Parcel 2) and 27,304± gross square feet (Parcel 3). (Item continued to September 9, 2013 Planning Commission meeting.) Community Development Director Truszkowski stated that the applicant requested a continuance to the next Planning Commission Meeting, September 9, Commission Ayon asked where this proposed project is to be located. Community Development Director Truszkowski stated that the proposed project is to be located on the corner on Fifth Street and Herold Parkway across the street from the Gonzales Shopping Center. Chair Pro Tem Velasquez asked was there any other prospects for this location. Community Development Director Truszkowski stated that the developer has talked to a national chain drug store. Community Development Director Truszkowski indicated that the medical center is proposed to be located on the middle parcel. Commission Ayon stated that he was impressed with the details of the Taylor Farms staff report and thanked staff. BUSINESS FROM COMMISSION 8. Oral Communication There was none. BUSINESS FROM STAFF 9. Oral Communication Community Development Director Truszkowski indicated that the Gonzales wind turbines were approved by the County Planning Commission and Board of Supervisors approved relieving the height limitation. Community Development Director Truszkowski also indicated that there has been discussion with Taylor Farms that they may purchase one of the wind turbines to run their Gonzales Facility on clean wind power. Page 3 of 4 PC Minutes

13 Community Development Director Truszkowski mentioned that the medical building project applicant has submitted a Site Plan Permit for approval. ADJOURNMENT Chair Pro Tem Velasquez made a motion to adjourn. Commissioner Ayon seconded the motion. Approved by vote; all ayes. The Planning Commission Meeting was adjourned at 6:35 p.m. Gloria Velasquez, Chair Pro Tem ATTEST: René L. Mendez, City Clerk Page 4 of 4 PC Minutes

14 City of Gonzales PLANNING COMMISSION AGENDA ITEM 6 COMMUNITY DEVELOPMENT DEPARTMENT DATE: September 9, 2013 STAFF REPORT TO: FROM: Honorable Chairperson Rios & Planning Commissioners Thomas Truszkowski, Director Community Development Department SUBJECT: Tentative Parcel Map Subdivision of a 3.58± acre parcel (APN ) located on southwest corner of Fifth Street and Herold Parkway in the California Breeze Subdivision in the HC Highway Commercial zoning district into Three Parcels of 86,334± gross square feet (Parcel 1); 42,243± gross square feet (Parcel 2) and 27,304± gross square feet (Parcel 3). RECOMMENDATION: It is recommended that the Planning Commission: Receive the staff report; Open the public hearing; Close the public hearing; Adopt Resolution No. PC : A Resolution of the Planning Commission of The City of Gonzales Recommending that the City Council Approve a Tentative Parcel Map to Subdivide a 3.58± acre parcel (APN ) located on southwest corner of Fifth Street and Herold Parkway in the California Breeze Subdivision in the HC Highway Commercial Zoning District into Three Parcels of 86,334± gross square feet (Parcel 1); 42,243± gross square feet (Parcel 2) and 27,304± gross square feet (Parcel 3). Suggested Motion: I move to adopt Resolution No. PC , a Resolution Recommending that the City Council approve Tentative Parcel Map in the form as depicted in Exhibit A, Attachment 1 sheets TM1 ; TM2 ; TM3 and TM4 ; and subject to the findings and Standard and Special Conditions set forth in Exhibit A, Attachment 2. BACKGROUND: Herbert G. Meyer as Trustee is the owner of a 3.58± acres parcel located in the southwest corner of Fifth Street and Herold Parkway in the California Breeze Subdivision. The property is located in the Highway Commercial zoning district. Mr. Meyer has an Agreement with the Green Valley Corporation to subdivide the property into three parcels and to construct a medical office 1

15 building on one of the parcels, a building that will be leased by the Salinas Valley Memorial Hospital (SVMH). The Gonzales Medical Clinic has an Agreement with the SVMH to move to the new location; providing new and improved facilities and equipment and more than doubling its patient treatment space. The action for consideration by the Commission is to recommend the approval of a Tentative Parcel Map by the City Council, which proposes subdividing one parcel into three parcels, one which would be appropriately sized for the construction of the medical office building. SUBDIVISION TYPES & PROCESSING OF MAPS: In general, property cannot be subdivided in California without local government approval. Dividing land for sale, lease or financing is regulated by local ordinances based on the state Subdivision Map Act (commencing at Government Code Section 66410). The General Plan and the Zoning, local Subdivision Ordinance, and other ordinances govern the design of the subdivision, the size of its lots, and the types of improvements that will be required as conditions of approval. A. Subdivision Types There are basically two kinds of subdivision: parcel maps, which are limited to land divisions resulting in fewer than 5 lots (with certain exceptions), and final or tract map subdivisions, which create 5 or more lots. Local ordinances apply less stringent development standards to parcel maps than to tract maps. B. Processing Tentative Maps & Final Maps Tract maps and, where provided by local ordinance, parcel maps are approved in two stages. 1. Consideration of a "Tentative Map." Upon receiving an application for a Tentative Subdivision or Parcel map, City staff will examine the design of the subdivision to ensure that it meets the requirements of the General Plan and the Subdivision Ordinance. Review pursuant to the California Environmental Quality Act (CEQA) must be completed and an advertised public hearing held by the Planning Commission and City Council before a Tentative Map is considered for approval. If approved, the map will be subject to conditions that the subdivider must meet within a specific time period. At this stage, while conditions remain to be met, no lots have been officially approved. 2. Approval of the "Final Map." When all of the conditions set out in the approved Tentative Map have been satisfied, and compliance certified by City staff, the City Council will approve a Final Map. Unlike a Tentative Map, which can be denied if it does not meet City standards, the Final Map must be approved if it substantially complies with the previously approved Tentative Map. Following approval of the Final Map, the subdivider may now record the map at the County Recorder's Office. Subdivision approval is conditioned upon the subdivider providing public improvements such as streets, drainage facilities, water supply or sewer lines to serve the subdivision. These 2

16 improvements must be installed or secured by bond before the City will grant Final Map approval and allow the subdivision to be recorded in the County Recorder's Office. Lots within the subdivision cannot be sold and are not legal divisions of land until a Final Map has been recorded. The subdivider has at least two years (and with extensions, usually more) in which to comply with the improvement requirements, gain final administrative approval, and record the Final Map. REVIEW & ANALYSIS: A copy of the Tentative Parcel Map is attached to Exhibit A as Attachment 1, including: Sheet Number TM1 (Tentative Map Layout); Sheet Numbers TM2 and TM3 (Tentative Map Grading Plan); and Sheet Number TM4 (Tentative Map Utility Plan). The Grading Plan is required pursuant to Title 13, Chapter 13.04, and Section of the Gonzales Municipal Code. Prior to the Commission meeting, the Map, Grading Plan and Utility Plan were reviewed by the Director of Public Works and the City Engineer and approved as to form and content. Standard and Special Conditions of approval associated with the Tentative Parcel Map are attached to Exhibit A as Attachment 2. The conditions of approval ensure that the Owner/Subdivider complies with all City standards and ordinances applicable with the subdivision of the parcel and its future development. A. General Map Information Assessor Parcel Number: Property Owner: Herbert G. Meyer, Trustee 400 Camino Aguajito Monterey, CA Subdivider: Green Valley Corporation 777 N. First Street, 5th Floor San Jose, CA General Plan Designation: Highway Commercial Zoning District: HC (Highway Commercial): Surrounding Land Uses: North: East: South: West: HC Highway Commercial F-40 Row Crops R-1 Residential Low Density HC Highway Commercial B. General Plan Consistency The project site is designated Highway Commercial on the City s General Plan Land Use Diagram. The primary purpose of the Highway Commercial designation is to define commercial areas that are intended to serve local and regional needs for goods and services. The intent of the land division is to provide parcels for businesses that serve local needs. 3

17 B. Zoning Consistency The proposed use is consistent with the Gonzales Zoning Ordinance. The site is zoned HC (Highway Commercial). The proposed parcels exceed the minimum lot area, which is 10,000 square feet. Additionally, the proposed three parcels have lot frontage along Fifth Street that exceed the minimum lot width of 70-feet. C. Subdivision Ordinance Consistency The Tentative Parcel Map has been processed per the City's Subdivision Ordinance requirements per Title 13 of the Gonzales Municipal Code. Additionally, the following findings are made in the affirmative: 1. The proposed Tentative Parcel Map will result in three parcels all of which conform to subdivision ordinance requirements with respect to lot size, width and depth. 2. All required improvements and dedications are either currently in place or are made conditions of this approval. 3. An application has been received and accepted by the City of Gonzales for processing. 4. The City Engineer has reviewed the proposed Tentative Parcel Map and his recommendations are contained within the conditions of approval. 5. A Public Hearing Notice was published in the Gonzales Tribune on July 31, Public Hearing Notices were mailed to all property owners within 300'-0" of the site. A certification of mailing is on file at the Community Development Department. 7. A public hearing was conducted by the Planning Commission to consider the request on September 9, 2013 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. D. Environmental (CEQA) Review The project has been reviewed for compliance with the California Environmental Quality Act (CEQA) and has been found to qualify for a Class 15 Categorical Exemption (Minor Land Divisions) as defined in the CEQA Guidelines, Section Class 15 consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent. CONCLUSION: Prior to the Commission meeting, the Tentative Parcel Map, Grading Plan and Utility Plan were reviewed by the Director of Public Works and the City Engineer and approved as to form and 4

18 content. The Tentative Parcel Map complies with the provisions of the state Subdivision Map Act and the City s Subdivision Ordinance. Staff recommends that the Commission take the action to recommend approval of the Tentative Parcel Map to the City Council. Exhibit A Resolution No. PC with Attachment 1 5

19 EXHIBIT A PLANNING COMMISSION RESOLUTION PC A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GONZALES RECOMMENDING THAT THE CITY COUNCIL APPROVE A TENTATIVE PARCEL MAP TO SUBDIVIDE A 3.58± ACRE PARCEL (APN ) LOCATED AT THE SOUTHWEST CORNER OF FIFTH STREET AND HEROLD PARKWAY IN THE CALIFORNIA BREEZE SUBDIVISION IN THE HC HIGHWAY COMMERCIAL ZONING DISTRICT INTO THREE PARCELS OF 86,334± GROSS SQUARE FEET (PARCEL 1); 42,243± GROSS SQUARE FEET (PARCEL 2) AND 27,304± GROSS SQUARE FEET (PARCEL 3) WHEREAS, Herbert G. Meyer as Trustee is the owner of a 3.58± acres parcel (APN ) located at the southwest corner of Fifth Street and Herold Parkway in the California Breeze Subdivision and in the HC Highway Commercial Zone and has applied for a Tentative Parcel Map to subdivide the parcel into three parcels of 86,334± gross square feet (Parcel 1); 42,243± gross square feet (Parcel 2) and 27,304± gross square feet (Parcel 3); and WHEREAS, the Planning Commission considered the application during a properly noticed public hearing held on September 9, 2013 for the purpose of formulating and forwarding a recommendation to the City Council regarding the Tentative Parcel Map; and WHEREAS, the project has been reviewed for compliance with the California Environmental Quality Act (CEQA) and has been found to qualify for a Class 15 Categorical Exemption (Minor Land Divisions) as defined in the CEQA Guidelines, Section 15315; and NOW, THEREFORE, the Planning Commission of the City of Gonzales hereby finds, determines, resolves, and orders as follows: Section 1. The above recitals are true and correct to the best of the Commission s knowledge. Section 2. The proposed project is consistent with the City s General Plan. The project site is designated Highway Commercial on the City s General Plan Land Use Diagram. The primary purpose of the Highway Commercial designation is to define commercial areas that are intended to serve local and regional needs for goods and services. The intent of the land division is to provide parcels for businesses that serve local needs. Section 3. The proposed use is consistent with the Gonzales Zoning Ordinance. The site is zoned HC (Highway Commercial). The proposed parcels exceed the minimum lot area, which is 10,000 square feet. Additionally, the proposed three parcels have lot frontage along Fifth Street that exceed the minimum lot width of 70-feet. Section 4. The Tentative Parcel Map has been processed per the City's Subdivision Ordinance requirements per Title 13 of the Gonzales Municipal Code. As such, the following findings are made in the affirmative:

20 a) The proposed Tentative Parcel Map will result in three parcels all of which conform to subdivision ordinance requirements with respect to lot size, width and depth. b) All required improvements and dedications are either currently in place or are made conditions of this approval. c) An application has been received and accepted by the City of Gonzales for processing. d) The City Engineer has reviewed the proposed Tentative Parcel Map and his recommendations are contained within the conditions of approval. e) A Public Hearing Notice was published in the Gonzales Tribune on July 31, f) Public Hearing Notices were mailed to all property owners within 300'-0" of the site. A certification of mailing is on file at the Community Development Department. g) A public hearing was conducted by the Planning Commission to consider the request on September 9, 2013 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 5. After considering all evidence, all of the environmental information, the testimony from interested parties, and the evaluation and recommendation presented by staff, the Planning Commission recommends that the City Council conduct a formal public hearing and consider adoption of the Tentative Parcel Map, attached hereto as Attachment 1, including Sheet Number TM1 (Tentative Map Layout); Sheet Numbers TM2 and TM3 (Tentative Map Grading Plan); and Sheet Number TM4 (Tentative Map Utility Plan), and the Conditions of Project Approval attached hereto as Attachment 2, which both attachments are incorporated herein by reference. PASSED AND ADOPTED at the regular meeting of the Planning Commission of the City of Gonzales duly held on the 9th day of September 2013, by the following vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: ATTEST: Jose Rios, Chair person René L. Mendez, Secretary

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25 ATTACHMENT 2 GONZALES MEDICAL CENTER TENTATIVE PARCEL MAP Property Address: 850 Fifth Street Gonzales, CA Assessor Parcel No.: Property Owner: Herbert G. Meyer, Trustee 400 Camino Aguajito Monterey, CA Subdivider: Green Valley Corporation 777 N. First Street, 5th Floor San Jose, CA Approval Date: Planning Commission: Resolution No. PC September 9, 2013 City Council: Resolution No XX September 16, 2013 Approval Authorized: Subdivision of a 3.58± acre parcel (APN ) ( Project ) located on southwest corner of Fifth Street and Herold Parkway in the California Breeze Subdivision in the HC Highway Commercial zoning district into 3 parcels of 86,334± gross square feet (Parcel 1); 42,243± gross square feet (Parcel 2) and 27,304± gross square feet (Parcel 3) as shown on the Tentative Map Layout Plan ( TM1 ), Tentative Map Grading Plan ( TM2 and TM3 ), Tentative Map Utilities Plan ( TM4 ). Minor revisions to this permit may be approved administratively by the Director of Community Development or City Engineer pertaining to their respective areas of responsibility upon receipt of a written request by the Owner/Subdivider, or his or her agents. Prior to such approval, the Director and/or the City Engineer shall confer with the City Manager and 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 and/or City Engineer may refer any requests deemed to be significant to the Planning Commission for formal application and consideration. CONDITIONS OF APPROVAL Standard Conditions 1. Tentative Map Expiration. The approved Tentative Parcel Map shall expire upon the later to occur of (i) twenty-four (24) months after its approval or conditional approval, (ii) the time periods set forth in California Government Code Section , or (iii) any extensions to the expiration dates of Tentative Parcel Maps adopted by the California legislature. The expiration of the Tentative Parcel Map shall terminate all proceedings and no Final Map of all or any portion of the real property shall be filed without first processing a new Tentative Parcel Map. Extensions of time shall be considered pursuant to the City of Gonzales subdivision ordinance, and the State Subdivision Map Act. 1

26 2. Tentative Map Improvements Design and Configuration only Conceptual. The design and configuration of improvements shown on the Tentative Parcel Map are conceptual, and the final configuration of the improvements will be determined during review and approval of the Final Map, improvement plans, and supporting design calculations reviewed by the City, or other agents of the City, prior to approval and recordation of the Final Map. The City reserves the right to make changes to these improvements as necessary to comply with public health and safety requirements and any local, state and federal regulations and requirements. 3. Final Map. Prior to expiration of the approved Tentative Parcel Map, the Owner/Subdivider shall prepare a Final Map in compliance with this conditional tentative map approval and all applicable State and City codes and regulations and shall be submitted for the review and acceptance by the Director of Public Works and the City Engineer, and thereafter shall be presented for review and approval by the City Council. Improvement plans shall accompany submittal of the Final Map. The City Council shall be presented with the Final Map and any offers of dedications for final acceptance and approval. 4. Subdivision Improvement Agreement and Subdivision Improvement Plans. The Owner/Subdivider shall prepare a Subdivision Improvement Agreement and improvement plans for the construction of the improvements specifically required to be constructed as conditions of approval for the Tentative Parcel Map (the Improvements ) in a form acceptable to the City for review and approval of the City Council at the same time that the Council considers the Final Map. The subdivision improvement agreement shall be recorded with the Final Map. The Subdivision Improvement Agreement and supporting plans and documentation ( Final Improvement Plans ) shall set forth the Improvements necessary to construct, and thereafter serve the proposed Project including, but not limited to, final grading plans, geotechnical investigation and recommendations, temporary access, water supply and electrical power, permanent street and parking area improvements, water and sewer system improvements, storm drainage and retention facilities, gas, electric, telephone and cable facilities, public parks, and any other necessary appurtenances and/or services. The Final Improvement Plans shall be supported by the preparation of master sanitary sewer, water, storm drain and grading plans and the appurtenant final studies which show that the entire Project will function properly as a whole. If applicable, the Owner/Subdivider shall also prepare those studies required by entities other than the City to support approvals or permits by such entities within their areas of jurisdiction. The Subdivision Improvement Agreement shall include separate performance and materials and labor bonds, each in an amount sufficient to cover 100 percent of the cost of such public Improvements. The Owner/Subdivider 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 City Engineer. Prior to acceptance of the Project, a final estimate reflecting actual Project costs shall be provided to the City in a format as directed by the City for compliance with GASB34 requirements. Prior to acceptance of the Project the Owner/Subdivider shall also provide as-built plan hard copies and CAD files for the City. 2

27 5. Improvements to Conform to City Standards. All improvements described in Title 13 of the Gonzales Municipal Code, or shown on the Final Map and Final Improvement Plans, or required in these conditions and any subsequent Subdivision Improvement Agreement, development agreement, and applicable mitigation measures, shall be designed and installed to the satisfaction of the Director of Public Works and City Engineer. Unless otherwise noted, the Final Improvement Plans and specifications shall be designed by a Civil Engineer licensed in the State of California. All structures shall be designed and constructed to resist a major earthquake as required by the latest edition of the Uniform Building Code. All recommendations regarding seismic concerns identified in any geotechnical investigation prepared for the site, as well as all such recommendations set forth in any required hydrology report, shall be incorporated into the final building and improvement plans for the Project. 6. Subdivision Guarantee. The Owner/Subdivider shall submit a preliminary subdivision guarantee disclosing any and all easements, deed restrictions, dedications, and changes in ownership in a form acceptable to the City Attorney prior to City review of the Final Map. The final subdivision guarantee shall be submitted prior to approval of any Final Map and shall be approved by the City Council. 7. Encroachment Permit. The Owner/Subdivider 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 only by contractors licensed in the State of California. 8. Dedications and Rights of Way. The Owner/Subdivider shall dedicate and/or acquire rights of way and easements necessary to construct the Improvements. If at the time of filing the Final Parcel Map, rights of way necessary for the required Improvements are not owned or controlled by the Owner/Subdivider, the provisions of Section of the Subdivision Map Act shall apply, and the Owner/Subdivider shall pay the cost, including the City s cost, of acquiring all necessary offsite real property interests. Prior to approval of the Final Parcel Map, the Owner/Subdivider shall enter into an agreement with the City to complete the improvements pursuant to Section at such time as the City acquires an interest in the land that will permit the improvements to be made. Any offers of dedication, and bonding or other financial security, or formal agreements concerning the same shall be prepared by the Owner/Developer and reviewed as to form, accuracy, and sufficiency by the City Attorney and City Manager, and shall be presented to the City Council for acceptance prior to completion and recordation of the Final Parcel Map. The Owner/Subdivider shall be responsible for, and agrees to pay all costs for land, easements, improvements, engineering and staff costs, and related legal fees to the City resulting from the City s participation in any proceedings to secure rights of way. 9. 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 3

28 Owner/Subdivider, successors and assigns in interest of the subject property to all of the conditions of approval. 10. Will-Serve Documentation. The Owner/Subdivider shall provide evidence of commitment to provide service from utilities, including, but not limited to, electrical service, natural gas service, telephone service, and cable television service. Said evidence shall be reviewed and approved by City staff prior to approval of the Final Parcel Map by the City Council. If any utility states it will not or cannot serve the Project, the Owner/Subdivider shall provide evidence that an acceptable alternative utility service provider is available. Services shall be provided for each utility for each customer, or in lieu of the actual service, service laterals and appurtenant structures shall be provided so services can be connected in the future without damaging public streets or other public facilities. 11. Invalidation. Failure by the Owner/Subdivider to comply within the term of the Tentative Parcel Map approval or any extensions thereof with the conditions specified herein as the basis for approval may render the Tentative Parcel Map invalid. 12. Conditions to be Placed on All Plan Sets. All conditions of approval for this project shall be written by the Owner/Subdivider on all building permit plan check sets submitted for review and approval. These conditions of approval shall be on, at all times, all grading and construction plans kept on the project site. It is the responsibility of the Owner/Subdivider to ensure that the Project contractor is aware of, and abides by, all conditions of approval. 13. Reciprocal Easement Agreement. The Owner/Subdivider shall record a Reciprocal Easement Agreement (REA) to serve as a contractual agreement between multiple owners governing such things as ingress/egress, access, parking, encroachments and utilities. The Owner/Subdivider shall record the REA and submit a copy of the recorded REA to the Director of Community Development prior to recordation of a Final Parcel Map. 14. Reimbursement of City Costs. The Owner/Subdivider shall reimburse the City of Gonzales for all engineering, inspection, legal, planning and administrative expenses, included or to be incurred by the City in connection with the Project, including expenses incurred through the use of outside consultants and inspectors, where necessary, at the rates applicable at the time of billing. An account with the City for costs associated with the processing of the Project has previously been established by the Owner/Subdivider. At the time of submission of the Final Improvement Plans for the Project, the Owner/Subdivider shall deposit funds sufficient to raise said account to the total of $25,000. The City shall account to the Owner/Subdivider for all expenses for which reimbursement is claimed, providing copies of all back-up materials in a timely manner, and shall return any portion of said deposit in excess of the actual amount of expenses incurred. If, in the judgment of the City Manager, it appears that the amount deposited is insufficient to cover all expenses, the Owner/Subdivider shall, within 15 days after written request from the City, make an additional deposit of funds in an amount determined by the City Manager to be sufficient to make up the deficiency. At no time after submission of the Final Improvement Plans shall the balance of the deposit fund be less than $5,000. Delinquency charges of 2% per month shall be applied to the account balance which 4

29 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 right to stop all work on the Project if the required minimum balance is not restored within 45 days of the above notification or if the account has insufficient funds to pay for any of the service expenses referenced herein. The need for the maintenance of this account shall cease upon completion of all of the following: 1) satisfaction of the Tentative Parcel Map conditions as set forth herein; 2) compliance with all of the provisions of the Subdivision Improvement Agreement; and 3) reimbursement for all reimbursable costs should the remaining Owner/Subdivider account funds not be sufficient to fully reimburse the City. 15. Hold Harmless and Indemnification. Except to the extent the City has constructed improvements on or about the property, City and Owner/Subdivider acknowledge that City has not made an independent investigation of the design of the proposed use, or conditions affecting either design or use. Owner/Subdivider 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 use thereof. Owner/Subdivider agrees 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 Tentative Parcel Map when recorded. 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/Subdivider is 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. Special Conditions & Environmental Mitigation Measures Following is a list of special conditions, which apply to the Project. Some of the conditions are based upon mitigation measures from the Environmental Impact Report prepared for the Mission Meadows Subdivision (renamed California Breeze). Those conditions/mitigation measures are identified by ( MM ) with the number that is assigned in the Mitigation Monitoring Program. 1. Subsequent Development of Parcels 1, 2 and 3. Subsequent development of Parcels 1, 2 and 3 shall be subject to the issuance of a Site Plan Permit by the Director of Community Development upon a determination that a proposed new or expanded use of a site or a new and expanded structure, which does not require a Conditional Use Permit, complies with the purposes and intent of the provisions of the City s Zoning Ordinance and the Gonzales General Plan. 2. Soils Report/Geotechnical Investigation (MM-2). Final 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 approve the Final Improvement Plans and provide for all required site inspections during construction. 5

30 3. Grading & Excavation (MM-3). A qualified professional geotechnical engineer shall perform on-site monitoring of all grading and excavation activities on the Project site. Evidence of an agreement between the Owner/Subdivider and a geotechnical engineer shall be submitted for review and approval by the Director of Public Works and the City Engineer prior to approval of Final Improvement Plans. Said geotechnical engineer will submit evidence that grading and excavation were performed consistent with the recommendations of the geotechnical investigation. 4. Construction Impacts from Fugitive Dust (MM-4). Prior to any grading on the site, the Owner/Subdivider shall submit a construction dust mitigation plan for review and approval by the City s Director of Public Works and the City Engineer. 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); Active areas adjacent to existing businesses should be kept damp at all times. If necessary during windy periods, watering is to occur on all days of the week regardless of onsite activities. b. Cover all hauling trucks or maintain at least two feet of freeboard; c. Pave, apply water at least twice daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas. d. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at construction sites. e. Sweep streets daily (with water sweepers) if visible soil material is deposited onto the adjacent roads; f. Hydro-seed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas that are inactive for 10 days or more); g. Enclose, cover, water twice daily, or apply (non-toxic) soil binders to exposed stockpiles; h. Plant vegetative ground cover in disturbed areas as soon as possible; i. Suspend excavation and grading activity when visible dust clouds cannot be contained within the site; and j. 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 6

31 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). 5. Storm Water Pollution Prevention Plan (MM-5). Prior to any grading on the site, the Owner/Subdivider shall prepare and submit a Notice of Intent to the State Water Resources Control Board (SWRCB) and prepare a Storm Water Pollution Prevention Plan (SWPPP) that has been designed specific to its site, conforming to the State Storm water NPDES Construction Permit or local ordinance, which-ever is stricter, as is required for projects one acre or more. The SWPPP 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. Evidence of such submittal shall be provided to the City Public Works Director prior to commencement of grading. The SWPPP shall remain onsite during the duration of project construction. Obtaining the appropriate operational permit is also required prior to the issuance of an occupancy permit. 6. Protection of Water Quality/Construction Period. In order to allow a prompt and effective response to any accidental hazardous materials spills occurring during construction, and to protect onsite and downstream water quality and habitat, the Owner/Subdivider shall prepare a hazardous materials spill abatement plan and hold a pre-construction worker orientation meeting(s) to discuss the hazardous materials spill abatement plan. Workers shall be informed of the importance of preventing spills, and of the appropriate measures to take shall a hazardous materials spill occur. The materials necessary for the initial response to a hazardous materials spill shall be kept at an easily accessible location on the Project site. The hazardous materials abatement plan shall be subject to the review and approval by the City s Director of Public Works Director and City Engineer. 7. Minimize Site Runoff Contaminants (MM-5). The Owner/Subdivider shall prepare plans and specifications for submission with the Final Improvement Plans to minimize urban storm water contaminants such as silt, oils, and grease entering surface water courses. Facilities and techniques may include sand and grease traps and vegetative filtering. The Final Improvement Plans shall be subject to the review and approval by the City s Director of Public Works and the City Engineer. 8. State Water Resources Control Board Phase II Small MS4 NPDES Permit. Owner/Subdivider shall be aware that a Storm Water Control Plan may 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 DWQ, General Permit CAS All design costs and improvement implementation incurred as a result of any required Storm Water Control Plan shall be borne by the Owner/Subdivider. 9. Construction and Maintenance of On-site Utilities. All on-site utilities (i.e., water, sanitary sewer and storm drainage) shall be privately maintained pursuant to the REA or otherwise. All on-site utilities shall be constructed to City standards. 7

32 10. Sanitary Sewer System Improvement Standards. The Owner/Subdivider shall design and construct all sanitary sewer system improvements to City standards subject to approval of the Director of Public Works and the City Engineer. 11. Water System Improvement Standards. The Owner/Subdivider shall design and construct all internal water system improvements to City standards subject to approval of the Director of Public Works and the City Engineer. 12. Drainage System Improvement Standards (MM-6). The Owner/Subdivider shall design and construct all drainage system improvements to City standards subject to approval of the Director of Public Works and the City Engineer. 13. Access Driveways. The number and location of access driveways shall be subject to the review and approval of the City s Director of Public Works and the City Engineer. The access driveway along Herold Parkway shall be limited to right-turn in and right-turn out movements only. Prior to approval of the Final Parcel Map, the City and Owner/Subdivider shall enter into a Deferred Improvement Agreement that addressees the timing and installation of orange plastic delineators into the asphalt at locations determined to be satisfactory to the Director of Public Works and the City Engineer which prohibits vehicles exiting the site on to Herold parkway from turning left. 14. Park-and-Ride (MM 14). The Owner/Subdivider and all successors and assigns in interest shall provide a maximum of 10 parking spaces for park-and-ride use, in accordance with Caltrans standards and guidelines, within the proposed public parking area of Parcel 1 at a location(s) determined by the Director of Community Development after consultation with the Owner/Subdivider. These parking spaces shall be striped and signed to indicate that they are for parkand-ride use. The City agrees and acknowledges that in imposing this condition, and in taking into consideration the parking needs of a given proposed commercial use, every effort will be made to maximize the allowable square footage of commercial use based on the gross acreage of the proposed commercial parcel and any applicable zoning designation, and that if possible, the designated parkand-ride spaces may be used by said commercial use as shared parking spaces. This requirement shall be reflected in a note affixed to the cover of the Final Parcel Map and as a deed restriction on proposed Parcel 1, which shall be reviewed and approved by the City Attorney and Director of Community Development prior to the recordation of the Final Parcel Map. The Owner/Subdivider shall record the deed restriction and provide evidence of such recordation to the Director of Community Development. 15. Landscaping and Sidewalks within the Public Right-of-way. Prior to the grading of the site, the Owner/Subdivider shall submit documentation illustrating the condition of all sidewalks and landscaping within the public right-of-way and shall post financial security guaranteeing the repair and/or replacement of sidewalks and landscaping that was damaged or destroyed during the grading process. Prior to the release of financial security, the Director of Public Works shall inspect the sidewalks and landscaping within the public right-of-way and based upon comparison with previously submitted materials shall determine what, if any, sidewalks and landscaping that should be replaced due to having been damaged or destroyed. Prior to site grading, protective barrier fencing shall be appropriately placed and/or erected around trees and shrubbery to provide protection. 8

33 16. Fifth Street Right-of-way Dedication. Concurrent with the recordation of the Final Parcel Map, Owner/Subdivider shall provide an irrevocable offer of dedication to the City for right-of-way along the property boundary adjacent to Fifth Street so that the half-section of Fifth Street can be expanded from forty-three (43) feet to fifty-four (54) feet. The irrevocable offer of dedication shall also include that portion of the sidewalk that extends behind the bus turn-out, and includes a pad for a passenger shelter. 17. Fifth Street Right-of-way Design Plans. Prior to the recordation of the Final Parcel Map, Owner/Subdivider shall prepare and submit for approval by the City design plans for the frontage improvements within the public right-of-way associated with the widening of Fifth Street to a fiftyfour (54) foot half-section ( Right-of-Way Design Plans ). The frontage improvements contained in the Right-of-Way Design Plans shall include, but are not necessarily limited to pavement and striping, curb and gutter, drop-inlets, sidewalk, bike path and street lighting. The Right-of-Way Design Plans shall also include a detailed landscape/irrigation plan and specifications, for review for areas within the public right-of-way extending along the Project site on the south side of Fifth Street and along the west side of Herold Parkway. The Owner/Subdivider may use a landscape/irrigation plan on file with the City, which partially covers the area, or may prepare a new plan. In either case, the design shall be consistent. Additionally, the Right-of-Way Design Plans shall include a bus-turnout, bus stop, and passenger shelter with trash receptacle with sidewalk improvements, designed to meet the standards according to the Americans with Disabilities Act of 1990, on the south side of Fifth Street between Highway 101 and Herold Parkway in the area as shown on the approved Tentative Parcel Map. The Owner/Subdivider shall consult with the City and Monterey-Salinas Transit (MST) regarding design details associated with the improvements and facilities. MST s Manual for the design of transit facilities can be accessed at All improvements and facilities set forth in the Right-of-Way Design Plans shall be designed to the satisfaction of the Director of Community Development, Director of Public Works and City Engineer. In consideration for the preparation of the Right-of-Way Design Plans as described above, City shall provide Owner/Subdivider with traffic impact fee credits, in an amount equal to the cost incurred by the Owner/Subdivider to have its Engineer prepare the Right-of-Way Design Plans, which fee credits shall be calculated by the City based upon the traffic impact fees in effect at the time the Right-of- Way Design Plans have been accepted by the City. If the cost to prepare the Right-of-Way Design Plans exceeds the total traffic impact fees payable to the City, the City and Owner/Subdivider shall enter into a reimbursement agreement; whereby, the Owner/Subdivider will be reimbursed from future traffic impact fees collected from projects within the City. The cost of constructing and installing the improvements set forth in the Right-of-Way Design Plans shall be borne by the City, it being specifically agreed that Owner s/subdivider s sole obligation shall be for the preparation and submittal of the Right-of-Way Design Plans in accordance with this condition of approval. 9

34 18. Public Area Landscaping Herold Parkway. Prior to any grading on the site, the Owner/Subdivider shall enter into an agreement ( Public Area Landscaping Agreement ) with the City, which discusses the time frame for the installation of the landscaping and irrigation improvements within the public right-of-way along Herold Parkway, and provide the City with financial security guaranteeing that the installation will occur. Prior to the release of financial security, the Owner/Subdivider shall install the landscaping and irrigation improvements and have the installation certified by a licensed landscape architect or licensed landscape contractor, has having been installed in accordance with the approved landscape/irrigation plans. A one (1) year plant establishment period shall go into effect once the City accepts the Project s public Improvements. The Owner/Subdivider shall maintain the landscaping and irrigation system for the duration of one (1) year plant establishment period at its expanse. Thirty (30) days prior to the expiration of the one (1) year plant establishment period, the Owner/Subdivider shall perform a walk through with the Director of Public Works to assess the condition of the landscaping. 19. Pedestrian Pathway and Access Easement. Prior to the recordation of the Final Parcel Map, Owner/Subdivider shall prepare a landscape/irrigation plan and specifications for the 20-foot pedestrian pathway and access easement along the southern and western boundary of the Project site ( the Pedestrian Pathway Design Plan ). The Pedestrian Pathway Design Plan shall show an 8 foot asphalt pathway along the southern boundary and exiting pathways elsewhere, landscaping, shrubs and trees, and irrigation system. Prior to any grading on the site, the Owner/Subdivider shall enter into an agreement with the City, which discusses the time frame for the installation of the improvements set forth in the Pedestrian Pathway Design Plan within the easement and access way, and provide the City with financial security guaranteeing that the installation of the improvements contained therein will occur. Prior to the release of financial security, the Owner/Subdivider shall install the pedestrian easement and access way improvements and have the installation certified by a licensed landscape architect or licensed landscape contractor, has having been installed in accordance with the approved Pedestrian Pathway Design Plans. A one (1) year plant establishment period shall go into effect once the City accepts the Project s public Improvements. The Owner/Subdivider shall maintain the landscaping and irrigation system for the duration of one (1) year plant establishment period at its expense. Thirty (30) days prior to the expiration of the one (1) year plant establishment period, the Owner/Subdivider shall perform a walk through with the Director of Public Works to assess the condition of the landscaping. 20. Cultural Resources (MM-24). If cultural artifacts or human remains are encountered, work within 25 feet of the discovery should be redirected and the County Coroner shall be immediately notified. If the Coroner determines the remains to be Native American the Coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American to inspect the site and provide recommendations for the proper treatment of the remains and any associated grave goods. 21. Removal and Replacement of Street Trees and Shrubs. Pursuant to GCC Chapter 9.16 Street Tree Ordinance, Section , Owner/Subdivider shall obtain the approval of the Director of Public Works prior to the removal of any trees and/or shrubs, which are located on public property. 10

35 The Director of Public Works may require that any removed street tree or shrub be replaced either nearby or at another location determined to be appropriate. 22. Funding of Circulation Planning Studies. Prior to the recordation of the Final Parcel Map, the Owner/Subdivider shall be responsible to fund a proportionate share, based on the traffic generation associated with the Project site as determined by a traffic impact analysis prepared by the City, of the design costs associated with the planning for future roundabouts located at the intersection of Fanoe/Fifth Street and Herold Parkway and at the Hwy 101 off-ramps. In consideration for funding a proportionate share of the design costs as described above, City shall provide Owner/Subdivider with traffic impact fee credits, which shall be calculated by the City based upon the traffic impact fees in effect at the time. If the Owner/Subdivider s proportionate share exceeds the total traffic impact fees payable to the City, the City and Owner/Subdivider shall enter into a reimbursement agreement; whereby, the Owner/Subdivider will be reimbursed from future traffic impact fees collected from projects within the City. 23. Johnson Canyon Road-Fifth Street/Fanoe Road-Herold Parkway Intersection Improvements. Prior to the recordation of the Final Parcel Map, the Owner/Subdivider shall pay a proportionate share, based on the traffic generation associated with the Project site as determined by a traffic impact analysis prepared by the City, for the preparation of plans for modifying the roadway/intersection, restripting and installing traffic signals at the Johnson Canyon Road-Fifth Street/Fanoe Road-Herold Parkway intersections. In consideration for funding a proportionate share of the design costs as described above, City shall provide Owner/Subdivider with traffic impact fee credits, which shall be calculated by the City based upon the traffic impact fees in effect at the time. If the Owner/Subdivider s proportionate share exceeds the total traffic impact fees payable to the City, the City and Owner/Subdivider shall enter into a reimbursement agreement; whereby, the Owner/Subdivider will be reimbursed from future traffic impact fees collected from projects within the City. 24. Disclosure of Future Improvements. Prior to the recordation of the Final Map, Owner/Subdivider shall prepare a deed restriction for review and approval by the City Attorney and Director of Community Development which discloses to all future property owners of Parcel 1, Parcel 2 and Parcel 3 that roadway frontage improvements will be constructed at a future date. The Owner/Subdivider shall record the notice and provide evidence of such recordation to the Director of Community Development. 25. Phase 1 Environmental Assessment. Prior to the issuance of a grading permit, the Owner/Subdivider shall conduct a Phase I Environmental Assessment to evaluate the potential for hazardous materials to be present on the site. If hazardous materials are found to be present in unacceptable levels, appropriate remedial actions shall be implemented to the satisfaction of the County of Monterey Environmental Health Department. 26. Right to Farm on Adjacent Property. Prior to the recordation of the Final Parcel Map Owner/Subdivider shall prepare a deed restriction for review and approval by the City Attorney and Director of Community Development which discloses to all future property owners of Parcel 1, Parcel 11

36 2 and Parcel 3 of the right-to-farm for adjacent agricultural operations. The deed restriction shall be enforced as long as the adjacent agricultural operations continue and are not converted to urban land uses. The Owner/Subdivider shall record the notice and provide evidence of such recordation to the Director of Community Development. 27. Interim Secondary Access All Weather Surface. Owner/Subdivider shall provide a twenty (20) foot ingress and egress easement extending from Parcel 2 and across the southern margin of Parcel 1 exiting onto Herold Parkway. Prior to the issuance of a certificate of occupancy for any use associated with Parcel 2, successors-in-interest shall construct an all weather surfaced driveway to the satisfaction of the Director of Public Works and Public Safety Director. 12

37 P.O. BOX FOURTH ST. GONZALES, CALIFORNIA PHONE: (831) FAX: (831) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN of the following two public hearings: 1. The Gonzales Planning Commission will hold a public hearing on Monday, August 12, 2013 at 6:00 PM in the Council Chambers, 117 Fourth Street, Gonzales, California, to consider actions necessary to recommend the adoption of a Tentative Parcel Map for a Project known as the Gonzales Medical Center, which actions are further detailed below; and 2. The Gonzales City Council will hold a public hearing on Monday August 19, 2013 at 6:00 PM in the Council Chambers, 117 Fourth Street, Gonzales, California, to consider the actions recommended by the Planning Commission for the adoption of a Tentative Parcel Map for a Project known as the Gonzales Medical Center, which the City Council may at that time take the necessary actions to approve the Tentative Parcel Map.. Herbert G. Meyer as Trustee is the owner of a 3.583± acres parcel located in the southwest corner of Fifth Street and Herold Parkway in the California Breeze Subdivision. The property is located in the Highway Commercial zoning district. Mr. Meyer has an Agreement with the Green Valley Corporation to subdivide the property into three parcels and to construct a medical office building on one of the parcels, a building that will be leased by the Salinas Valley Memorial Hospital (SVMH). The Gonzales Medical Clinic has an Agreement with the SVMH to move to the new location; providing new and improved facilities and equipment and more than doubling its patient treatment space. Proposed Action: Approve Tentative Parcel Map : Subdivision of a 3.583± acre parcel (APN ) located on southwest corner of Fifth Street and Herold Parkway in the California Breeze Subdivision in the HC Highway Commercial zoning district into 3 parcels of 83,244± square feet (Parcel 1); 40,577± square feet (Parcel 2) and 25,666± square feet (Parcel 3). The project has been reviewed for compliance with the California Environmental Quality Act (CEQA) and has been found to qualify for a Class 15 Categorical Exemption (Minor Land Divisions) as defined in the CEQA Guidelines, Section No further documentation is required. All interested parties are invited to attend said hearings and express opinions or submit evidence for or against the above-described proposal. Persons who are unable to attend may direct their written comments to the Director of Community Development, P.O. Box 647 Gonzales, CA In addition, information may be obtained from the City at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. En caso de que Ud. Necesite ayuda en leer o en entender este aviso de audiencia publica, Ud. Puede ponerse en contacto con la oficina del Edificio Municipal en 147 Fourth Street o llamar al numero , y el aviso sera traducido para Ud. Dated at Gonzales, California, this 31st day of July /s/thomas Truszkowski, Director of Community Development