Construct Land Development Improvements - Southpoint Business Park Associates - No. 92-35
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CITY OF GILROY
7351 Rosanna Street
Gilroy, California 95020
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AGREEMENT BY OWNER OR HIS SUCCESSORS IN INTEREST TO
CONSTRUCT LAND DEVELOPMENT IMPROVEMENTS
No. 92-35
Project Identification: APN 841-69-005 (portion), 841-69-007, 841-69-008,
and 841-69-014 (portion)
This is an agreement between the City of Gilroy. hereinafter referred
to as "City", and Southpoint Business Park Associates, A California General Partnership
hereinafter referred to as "Owner".
WHEREAS, Owner of the property described in Exhibit A, wishes to defer
construction of permanent improvements" and City agrees to such deferment
provided Owner (or Successor in interest) agrees to construct improvements
as herein provided.
NOW, THEREFORE, IT IS AGREED:
I. AGREEMENT BINDING ON SUCCESSORS IN INTEREST
This agreement, together with the attached stipulations, is an
instrument affecting the title or possession of the real property described
in Exhibit A. All the terms, covenants and conditions herein imposed shall
be binding upon and inure to the benefit of the successors in interest of
Owner. Upon the sale or division of the property described in Exhibit A,
the terms of this agreement shall apply separately to each parcel and the
owner of each parcel shall succeed to the obligations imposed on Owner by
this agreement.
II. STREET AND DRAINAGE IMPROVEMENTS
A. City and Owner agree that the improvements set forth in this
section may be deferred because:
The project is not being developed at the present time.
B. Owner agrees to construct the improvements as described in the
attached stipulations on or adjacent to the property described on Exhibit A
as well as required off site improvements in the manner set forth in this
agreement. The improvements listed are understood to be the minimum
requirements forseen at this time. Improvements shall include all items
necessary to provide a complete operational facility including all
appurtenances in conformance with current City standards in effect at the
time of construction.
C. When the City Director of Public Works determines that the reasons
for the deferment of the improvements as set forth in Section II - STREET
AND DRAINAGE IMPROVEMENTS no longer exist, he shall notify Owner in writing
to commence their installation and construction. The notice shall be mailed
to the current owner or owners of the land as shown on the latest adopted
county assessment roll. The notice shall describe the work to be done by
owners, the time within which the work shall commence and the time within
which the work shall be completed. All of any portion of said improvements
may be required at a specified time. Each owner shall participate on a pro
rata basis in the cost of the improvements to be installed. If owner is
obligated to pay a pro rata share of a cost of a facility provided by
others, the notice shall include the amount to be paid and the time when
payment must be made.
III. PERFORMANCE OF THE WORK
Owner agrees to perform the work and make the payments required by
City as set forth herein or as modified by the City Council. Owner shall
cause plans and specifications for the improvements to be prepared by
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122
competent persons legally qualified to do the work and to submit said
improvement plans and specifications for approval prior to commencement of
the work described in the notice and to pay city inspection fees. The work
shall be done in accordance with city standards in effect at the time
improvement plans are submitted for approval. Owner agrees to commence and
complete the work within the time specified in the notice given by the
Director of Public Works and to notify the City at least 48 hours prior to
start of work. In the event Owner fails to construct any improvements
required under this agreement, City may, at its option do the work and
collect all costs from Owner. Permission to enter onto the property of
Owner is granted to City or its contractor as may be necessary to construct
such improvements.
IV. JOINT COOPERATIVE PLAN
Owner agrees to cooperate upon notice by City with other property
owners, the City and other public agencies to provide the Improvements set
forth herein under a joint cooperative plan including the formation of a
local improvement district, if this method is feasible to secure the
installation and construction of the improvements.
V. REVIEW OF REQUIREMENTS
If Owner disagrees with the requirements set forth in any notice to
commence installation of improvements he shall, within 30 days of the date
the notice was mailed, request a review of the requirements by the City
Council. The decision of the Council shall be binding upon both City and
Owne r .
VI. MAINTENANCE OF IMPROVEMENTS
City agrees to accept for maintenance those improvements specified in
Section II which are constructed and completed in accordance with City
standards and requirements and are installed within rights of way or
easements dedicated and accepted by resolution of the City Council.
Owner agrees to provide any necessary temporary drainage facilities,
access roads or other required improvements, to assume responsibility for
the proper functioning thereof, to submit plans to the appropriate City
agency for review, if required, and to maintain said improvements and
facilities in a manner which will preclude any hazard to life or health or
damage to adjoining property.
VII. BONDS
Prior to approval of improvement plans by the City, Owner may be
required to execute and deliver to the City a faithful performance bond and
a labor and materials bond in an amount and form acceptable to City to be
released by the City Council in whole or in part upon completion of the work
required and payment of all persons furnishing labor and materials in the
performance of the work.
VIII. INSURANCE
Owner shall maintain, or shall require any contractor engaged to
perform the work to maintain, at all times during the performance of the
work called for herein, a separate policy of insurance in a form and amount
acceptable to City.
IX. INDEMNITY
The Owner shall assume the defense and indemnify and save harmless the
City, its officers, agents and employees, from every expense, liability or
payment by reason of injury "including death" to persons or damage to
property suffered through any act or omission, including passive negligence
or act of negligence, or both, of the Owner, his employees, agents,
contractors, sub-contractors, or anyone directly or indirectly employed by
either of them, or arising in any way from the work called for by this
agreement, on any part of the premises, including those matters arising out
of the deferment of permanent drainage facilities or the adequacy, safety,
use or non-use of telnporary drainage facilities, the performance or non-
performance of the work.
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This provision shall not be deemed to require the OWner to Indemnify
the City against the liability for damage arising from the sole negligence
or willful misconduct of the City of its agents, servants or independent
contractors who are directly responsible to the city.
IN WITNESS WHEREOF, City has executed this agreement as of
July 20, .1992
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APPROVED AS TO FORM:
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CITY ATTORNEY
Linda A. Callon
IN WITNESS WHEREOF OWner has executed this agreement as of
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OWNER
Southpoint Business Park Associates,
a California Ge eral Partnership
, Glen Loma Group
BY
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DATE Uu[,(
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1992
AL....PURPOSE ACKNOWLEDGMENT
NO 209
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State of t! tJ L.:.-;; r ~ }
County of ~. ~J.A~
On 7 -/ y- q 2- before me, 7>/L -fy-;u ~~ k ~~ame, title of officer),
personally appeared 'MfUJ FILI/'~ ,
~personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl-
edged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the
instrument.
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL(S) SIGNING FOR ONESELFlTHEMSELVES
o ~~~~~E
TITLE(S)
COMPANY
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IUi PARTNER(SrA-~ A~5.0.'(, i ~~
'AI PARTNERSHIP
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O ATIORNEY-
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PRINCIPAL(S)
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WITNESS my hand and official seal.
o TRUSTEE(S)
TRUST
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o OTHER
TITLE(S)
OI'I'ICIAL SEAL
Patricia K. Bentson
MY PUBlIC . CALIFORNIA
IANTA ClARA COUNTY
Mr Conwn. Expir.. June i. 1i95
TITLE(S)
ENTITY(IES) REPRESENTED
ENTITY(IES) REPRESENTED
@ NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave. . P.O, Box 7184. Canoga Park, CA 91304-7184
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STIPULATIONS TO DEFERRED PROPERTY DEVELOPMENT AGREEMENT NUMBER 92-35
1. At the time this parcel of land develops, the owners/developers shall
reimburse the developers of the land described as APN 841-69-002 and
841-69-003 a sum of $ 259,984 , (Exhibit B, Items 6 - 11, Parcel
2 Total), to be adjusted by a yearly interest rate as set by the
Engineering News Record Cost Index. This amount covers this real
property's proportional share of the street improvements which were
constructed by the developers of the land described as APN 841-69-002
and 841-69-003. These street improvements were constructed to address
traffic mitigation measures six through eleven of G.P.A. 90-06 as
adopted in Resolution 92-6 by the City Council on Januarv 21, 1992.
(Exhibit C)
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EXHIBIT nAIl
ADDENDUM TO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ADOPTING FINDINGS, MITIGATION MEASURES, AND STATEMENTS OF OVERRIDING
CONSIDERATIONS PERTAINING TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR
THE SOUTHPOINT BUSINESS PARK GENERAL PLAN AMENDMENT (GPA 90-06)
The City Council finds that one or more significant effects would likely
result from approval of this project and that the substantial evidence and
mitigation measures relied upon by this Council supporting the required
findings are set forth as follows: '
I. SIGNIFICANT EFFECTS
A. GEOLOGY:
1. Significant Effect: It is likely that one of the nearby active
earthquake faults will cause at least one large-magnitude earthquake on the
project site during the lifetime of the proposed project. Potential damage
suffered by structures on the project site in the event of an earthquake is,
therefore, considered to be a significant impact.
Mitigation or Avoidance: This impact will be reduced and mitigated
by the following mitigation measure(s): 1. All construction on the project
site shall comply with the latest adopted Uniform Building Code structural
earthquake regulations. The final construction plans for any structure shall
be subject to the review and approval of the Building Inspector before a
building permit is issued to ensure compliance with 'these regulations.
(Southpoint DEIR, pg. iii).
Finding: Changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the
significant environmental effect as identified in the final EIR.
.
B. SOILS:
2. Significant Effect: The project site contains the soil types of
Pleasanton Loam and Zamora Clay Loam. The permeability of these soils is
moderately slow. Run-off of both soil types is very slow, and the hazard of
erosion is none to slight. No significant! impact is anticipated to result from
erosion on the project site as long as s~andard erosion control measures are
followed.
Mitigation or Avoidance: This impact will be reduced and mitigated
by the following mitigation measure(s): 2. Prior to the issuance of a grading
permit for the proposed project, a soils foundation analysis shall be
completed by a qualified soils engineer as required by Section II~, Policy 16
of the Gilroy General Plan. The scope of this report shall be determined by
the City Engineer and Public Works Director and shall include analyses of
liquefaction potential at the location of each proposed structure.
Recommendations from this report shall be incorporated into the grading plans
for the proposed project and shall be subject to the review and approval of
the Public Works Director. (Southpoint DEIR, pg. iii). 3. Construction of
the ploposed project should be undertaken during the dry season (April 15-
October 15). If construction of the proposed project is undertaken during the
wet season (October lS-April 15) or any portion thereof, the project proponent
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shall prepare an erosion control plan. The erosion control plan shall
incorporate the use of straw bales at discharge areas and in swales as well as
the use of seeding and hydromulching where appropriate. The erosion control
plan measures shall be subject to review and approval by the City Engineer and
Public Works Director before a grading permit is issued. (Southpoint DEIR,
pg. iii).
Finding: Changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the
significant environmental effect as identified in the final EIR.
.
C. HYDROLOGY:
3. Significant Effect: The proposed project will increase the amount
of surface-water run-off on and off the project site. The Ronan Channel has
sufficient capacity to accommodate the surface-water run-off from the project
site based on buildout of the site under its existing general plan designation
of Industrial Park. Since the roughness coefficient used to determine the area
of impervious surface is the same for both industrial and commercial uses
(.80), construction of commercial uses on the project site is not anticipated
to result in a net increase in surface-water run-off on the project site over
that projected for industrial uses. Therefore, the proposed project will not
exceed the capacity of the Ronan Channel.
The proposed project has the potential to exceed the existing storm-drain
infrastructure, both on the project site and in the vicinity of the project
site, connecting to the Ronan Channel. Significant adverse impacts such as
flooding on and off the project site could result if adequate storm drain
improvements are not implemented. This is a potentially significant impact.
Surface-water run-off from the project site, like that from any typical
commercial development, is expected to_.contain minor concentrations of a
variety of pollutants. These include oil and grease, nutrients, minor
concentrations of pesticides from landscaping, and heavy metals from road and
parking area pavements. The types and concentrations of contaminants are
ultimately dependent upon the specific activities that occur on the project
site. The proposed project could, therefore, create significant impacts
associated with downstream pollution.
Mitigation or Avoidance: This impact will be reduced and mitigated
by the following mitigation measure(s): 4. The construction drawings for the
proposed project shall include an infra-structure plan which details the type,
size, and location of the on-site drainage facility and the off-site drainage
facility improvements. These improvements shall include culverts, channels,
and detention basins where necessary to accommodate storm flows from the
project site. In addition, the infrastructure plan shall include grease traps
to collect run-off pollutants from the project site. The precise type, size,
and location of all infrastructure improvements shall be determined by the
Public Works Director before a grading permit is issued for the proposed
project. (Southpoint DEIR, pg. iV). 5. Approval for the proposed project
shall state that the project will not exceed the capacity of the Ronan
Channel. This approval shall be obtained from the Santa Clara Valley Water
Discr1ct before a grading permit is issued for the proposed project.
(Southpoint DEIR, pg. iv).
Finding: Changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the
potentially significant environmental effect as identified in the final EIR.
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D. TRAFFIC:
4. Significant Effect: The proposed project, when combined with the
development of background projects which are planned for completion in the
next two years will result in a reduction below level of service (LOS) C for
three street segments during both weekday operations and weekend operations.
This is considered to be a significant adverse impact.
The proposed project, when combined with development of background
projects, will result in a reduction below LOS C for two intersections in the
project study area during weekday operations, and a reduction below LOS C for
five intersections during weekend operations. This is considered to be a
significant adverse impact. .
Mitigation or Avoidance: This impact will be reduced and mitigated
by the following mitigation measure(s): 6. Widen Arroyo Circle to a six lane
arterial between Leavesley Road and Camino Arroyo. (Southpoint DEIR, pg.
v.). 7. Add a third northbound left turn lane on Arroyo Circle at Leavesley
Road. (Southpoint DEIR, pg. v.). 8. Modify signal at Leavesley Road and
Arroyo Circle. (Southpoint DEIR, pg. v.). 9. Add separate left- and right-
turn lanes on Camino Arroyo. (Southpoint DEIR, pg. v.). 10. Signalize the
Arroyo Circle/Pacific West Outlet Mall/Camino Arroyo intersection.
(Southpoint DEIR, pg. v.). 11. Allow left turns from the eastbound Pacific
West Outlet Center right-turn exit lane. A separate right-turn lane should be
provided. (Southpoint DEIR, pg. v.). In addition, the applicant must
contribute a proportionate share to the following mitigation measures: 12.
Widen Leavesley Road to a six lane divided arterial between Murray Avenue and
Arroyo Circle. (Southpoint DEIR, pg. v.). 13. Add a second westbound left
turn lane on Leaves1ey Road at the southbound Highway 101 ramps. (Southpoint
DEIR, pg. v.). 14. Modify signal on southbound Highway 101 off-ramp at
Leavesley Road. (Southpoint DEIR; pg. v.). 15. Modify signal on San
Ysidro/northbound Highway 101 off-ramp at Leavesley Road. (Southpoint DEIR,
pg. v.). 16. Add southbound merge lane on southbound Highway 101 on-ramp.
(Southpoint DEIR, pg. v.). 17. Add third southbound left-turn lane on
southbound Highway 101 off-ramp. (Southpoint DEIR, pg. v.). 18. Add 10 foot
sidewalks along both sides of Leavesley Road between Murray Avenue and Arroyo
Circle where none exist. (Southpoint DEIR, pg. v.). 19. Provide a second
southbound right-turn lane on the Highway 101 southbound off-ramp at Leavesley
Road. (Southpoint DEIR, pg. vi.). 20. Add a northbound right-turn lane on
Monterey Road at Leavesley Road. (Southpoint DEIR, pg. vi.). 21. Add second
eastbound and westbound Welburn Avenue/ Leavesley Road through lanes at
Monterey Road. (Southpoint DEIR, pg. vi.). 22. Add an exclusive westbound
right-turn lane on Leavesley Road at Monterey Road. (Southpoint DEIR, pg.
vi.). 23. Modify the Monterey RoadjWelburn Avenue-Leavesley Road, traffic
signal and railroad grade crossing to accommodate additional channelization.
(Southpoint DEIR, pg. vi.). 24. Consideration should be given to installing a
second westbound left-turn lane on Leavesley Road at Monterey. This will be
required for future development scenarios. (Southpoint DEIR, pg. vi.). 25.
Add additional northbound left-turn lane on northbound off-ramp from Highway
101. (Southpoint DEIR, pg. vi.). 26. Add second westbound left-turn lane on
Leavesley Road at Murray Avenue. (Southpoint DEIR, pg. vi.) 27. Restripe
Leavesley Road to six lanes between Monterey Road and Murray Avenue
(Southpoint DEIR, pg. vi.).
Finding: Changes or alterations have been required in, or
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incorporated into, the project which avoid or substantially lessen the
significant environmental effect as identified in the final EIR.
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E. AIR QUALITY:
5. Significant Effect: Construction of the proposed project would
result in the emission of 67.6 pounds per day of TOG, 637.5 pounds per day of
CO, and 135.6 pounds per day of NOx. The emission levels for CO exceeds the
BAAQMD standards for new commercial projects of 550 pounds ,per day of CO. This
emission level is considered to be a significant adverse impact.
Due to the relative lack of urban development in the immediate vicinity
of the project site, short-term uncontrolled PM10 emissions would not create a
significant impact on sensitive receptors. However, construction workers on
the project site could be subject to undue PMlO exposure if dust-suppression
measures are not implemented. It is anticipated that the proposed project will
reduce particulate emissions from the project site in the long term.
Mitigation or Avoidance: This impact will be reduced and mitigated
by the following: The project applicant shall prepare an emission reduction
program in order to minimize the vehicle-related pollutant emissions generated
by the proposed project. This program shall be subject to approval by the
Planning Director before a grading permit is issued for the proposed project.
The program shall, at a minimum, consist of the following measures: 28.
Develop an employee ridesharejvanpool program. This program shall include
provision for preferential carpooljvanpool parking, designation of an employee
transportationjrideshare coordinator, and submission of evidence to the
Planning Director of the program's promotion among employees. (Southpoint
DEIR, pg. vii). 29. Encourage the use of bicycles for transportation by
providing adequate and secure storage for both employee and customer bicycle
users on the project site, as well as ~mployee shower and locker
facilities. (Southpoint DEIR, pg. vii). 30. Cooperate with the City of Gilroy
and, if the city deems necessary, with the proponents of other proposed
commercial projects in the project site vicinity, in contacting the Santa
Clara County Transportation Agency (SCCTA) concerning the establishment of bus
service to the project site. The contractor specifications for the proposed
project shall be submitted to the Building Director for approval before a
grading permit is issued for the proposed project. The contractor
specifications shall include the following particulate emission reduction
measures: (Southpoint DEIR, pg. vii). 31. Exposed earth surfaces shall be
watered during clearing, excavation, grading, and construction activities.
Watering of exposed earth surfaces could reduce particulate emissions as much
as 50 percent. All construction con tracts should require watering in late
morning and at the end of the day. The frequency of watering shoVld increase
if wind speeds exceed 15 miles per hour. (Southpoint DEIR, pg. vii). 32.
Throughout excavation activity, haul trucks should use tarpaulins or other
effective covers at all times. (Southpoint DEIR, pg. vii). 33. Upon
completion of construction, measures shall be taken to reduce wind erosion.
Revegetation and repaving should be completed as soon as possible.
(Southpoint DEIR, pg. viii.).
Finding: The City Council finds that the mitigation measures
adopted above will partially mitigate this impact. To the extent that the
impact is not mitigated to a level of insignificance, specific economic,
social, or other considerations make infeasible other mitigation measures or
project alternatives identified in the DEIR. (See Section II, analysis of
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Project Alternatives, and Section III, Statement of Overriding Considerations,
below. )
F. AESTHETICS:
6. Significant Effect: Construction of the proposed project in Area
One will have a limited effect on views of persons travelling east on
Leavesley Road but will be prominent to persons travelling west on the road.
With implementation of the mitigation measures listed below, the proposed
project is not anticipated to create a significant adverse impact on visual
resources in the vicinity of Area One.
Since the construction of the proposed project on Area Two will
contribute to an overall increase in the unity of view from both Highway 101
and Arroyo Circle, the project is not anticipated to create an adverse impact
on visual resources from these two public viewpoints.
Mitigation or Avoidance: This impact will be reduced and mitigated
by the following mitigation measure(s): 34. Conceptual and final project
siting, architectural, and landscaping plans for each structure on the project
site shall be subject to review and approval by the city Architectural and
Site Review Committee and Planning Director before a grading permit is issued
for the proposed project. (Southpoint DEIR, pg. viii). 35. The landscape
plan for the proposed project shall conform to the Consolidated Landscaping
Policy of the City of Gilroy and shall be reviewed and approved by the
Planning Director before a building permit is issued. Specific requirements
contained in this policy, which are pertinent to the proposed project, include
the following: a. Landscaping shall be provided within development areas most
visible from adjacent streets. b. A minimum lO-foot-wide planter area, in
addition to the public right-of-way, shall be provided along each street
frontage. c. At least eight percent of the gross land area, in addition to
public right-of-way, shall be landscaped. d. All portions of the site with
over 40-square-feet in area and not specifically used for parking, driveways,
walkways or similar access, shall be landscaped.
Finding: Changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the
potentially significant environmental effect as identified in the final EIR.
.
G. NOISE:
7. Significant Effect: Due to the proximity of Area One to Leavesley
Road and Area Two to Highway 101, noise levels at public use areas could
exceed city noise standards and depending on placement of structures and
provision of buffers on the project site, result in a significant adverse
impact.
Mitigation or Avoidance: This impact will be reduced and mitigated
by the following mitigation measure(s): 36. The applicant shall prepare and
submit a building-design noise analysis for all proposed structures on the
project site. This analysis should indicate structural, noise-attenuation
measures which will reduce interior and exterior noise to acceptable levels.
This study shall be reviewed and approved by the Planning Director before a
build1ng permit is issued for the project. (Southpoint DEIR, pg. viii).
Finding: Changes or alterations have been required in, or
incorporated"into, the project which avoid or substantially lessen the
significant environmental effect as identified in the final EIR.
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H. LAND USE COMPATIBILITY - AGRICULTURAL LAND USE:
7. Si~ificant Effect: Use of lands adjacent to the project site for
agricultural purposes could create adverse health impacts and property damage
thus adverse impacts are associated with herbicides, pesticides, fertilizers
and particulates on the project site. Since most land adjacent to the project
site has been designated for urban uses in the future, these adverse impacts
may not occur. However, the 55-acre parcel, which is adjacent to Area One of
the project site, is not proposed for urban uses in the near future.
Therefore, portions of this parcel in the immediate vicinity of Area One could
be used for agricultural production. .
Mitigation or Avoidance: This impact will be reduced and mitigated:
by the following mitigation measure(s): 37. Specific project desi~ 0
ne de a 50-foot buffer between any area where . ~ es,
herbicides or fertil~ze d. This s all be indicated on the
project site plan which shall b ved y Director and
Building Director a grading permit is issued for the propose ct.
(Sou IR, pg. ix).
Finding: Changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the
potentially significant environmental effect as identified in the final EIR.
.
I. PUBLIC SERVICES:
Water Services
8. Significant Effect: The use of ground water resulting from
implementation of the proposed project could contribute to the lowering of the
water table in the Llagas Groundwater Basin. However, according to the SCVWO,
the use of 20.2 acre-feet of water-per-year on the project site will not
. result in a significant adverse impact..with regard to ground-water use, since
the entire L1agas Groundwater Basin supplies approximately 45,000 acre-feet of
water per year for ,the area.
The Gilroy city water system has a peak daily capacity of 11.5 million
gallons. Based on the 1990 peak city water demand of 9.5 million gallons-per-
day, adequate capacity exists to accommodate the projected daily demand of
15,748 gallons-per-day of water to be used by the proposed project.
Miti~ation or Avoidance: This impact will be reduced and mitigated
by the following mitigation measure(s): 38. A deed restriction should be
placed on the entire project site which would require that water-conserving
fixtures be used for all structures built on the project site. The deed
restriction should be recorded with the City Clerk and proof of recording
should be provided to the Planning Director and Building Director before a
building permit is issued for the pro posed project. The deed restriction
should require that the following fixtures be installed in all structures. a.
Ultra-low-flush toilets. Ultra-low-flush toilets are defined as toilets that
use a maximum of 1.6 gallons of water per flush. (Southpoint DEIR, pg. x).
39. Only native drought-tolerant species of plants, shrubs and trees which
are included on the Gilroy water-conserving plants and landscapes list should
be planted on the site. A list of all species of vegetation to be planted on
the project site should be submitted to the Architectural and Site Review
Committee and Planning Director along with the project landscape plan.
(Southpoint DEIR, pg. x).
Finding: Changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the less-
than-significant environmental effect as identified in the final EIR.
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Police Service
9. Si~ificant Effect: The proposed project is not anticipated to
cause an adverse impact with regard to existing personnel and equipment used
by the Gilroy Police Department. Adverse impacts may result from the use of
parking facilities on the project site by truck drivers or other unwelcome
users.
Mitigation or Avoidance: This impact will be reduced and mitigated
by the following mitigation measure(s): 40. In addition to complying with the
parking requirements for commercial and retail uses included in Section 31 of
the City of Gilroy Zoning Ordinance, the applicant shall conf~gure on-site
parking facilities in a manner which discourages parking of large trucks or
other vehicles larger than those that can fit in standard-sized parking
spaces. The configuration shall be illustrated in the project site plan, which
will be reviewed by the Architecture an? Site Review Committee, and shall
include the following specific measures: a. Utilize landscaped medians to
remove any extra lot area. This will prevent large vehicles from parallel
parking in paved areas not designated for parking use. b. Supply each parking
space with a wheel stop to prevent large vehicles from using two parking
spaces. c. The applicant shall supply adequate all day and employee parking
facilities. (Southpoint DEIR, pg. xi.).
Finding: Changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the less-
than-significant environmental effect as identified in the final EIR.
..
Fire Service
10. Significant Effect: The proposed project will place an additional
demand on personnel and equipment on both the Fire Prevention Bureau and the
Operations Division of the Gilroy Fire Department. The public safety impact
fees to be paid by the project applicant will be sufficient to offset the
additional demands on equipment needed by the proposed project. However,
demands on personnel are not supported by public safety impact fees. In the
absence of additional funding, i.e., from a general assistance district fund,
the proposed project would have a significant adverse impact on fire services.
Mitigation or Avoidance: This impact will be reduced and mitigated
by the following mitigation measure(s): 41. The Gilroy Fire Chief shall be
contacted after a detailed site plan for the proposed project is submitted in
order to ensure that there are adequate resources to fund additional fire
services to the project. The Building Director shall not issue a grading
permit for the proposed project if adequate fire service to the project site
is not available. (Southpoint DEIR, pg. xi.).
Finding: Changes or alterations have been required in, .or
incorporated into, the project which avoid or substantially lessen the
significant environmental effect as identified in the final EIR.
.
J. SCHOOLS:
11. Significant Effect: The proposed project may result in an increase
in the number of residents in Gilroy due to the hiring of employees on the
project site. Since this would result in an increase in school-age children
within the Gilroy Unified School District, significant adverse impacts could
result if adequate capacity is unavailable for additional students.
Mitigation or Avoidance: This impact will be reduced and mitigated
rt)
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by the following mitigation measure(s): 42. Before a building permit is
issued for any structure on the project site, the applicant shall submit
evidence to the Planning Director that the fee requirements of the Gilroy
Unified School District have been met and that adequate school capacity is
available for new students. (Southpoint DEIR, pg. xii.).
Finding: Changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the
potentially significant environmental effect as identified in the final EIR.
K. ARCHAEOLOGICAL RESOURCES .
12. Significant Effect: The project area does not contain surface
evidence of potentially significant cultural resources. This conclusion is
based on background research and surface reconnaissance. However, because
unidentified buried cultural resources may be found during project
construction, standard mitigation is recommended in the event of significant,
cultural-resource discovery.
Mitigation or Avoidance: This impact will be reduced and mitigated
by the following mitigation measure(s): 43. If archaeological resources or
human remains are accidentally discovered during construction, work shall be
halted within 150 feet of the find until it can be evaluated by a qualified
professional archaeologist. If the find is determined to be significant,
appropriate mitigation measures shall be formulated and implemented before
construction is resumed. Such mitigation shall be subject to approval by the
Planning Director. (Southpoint DEIR, pg. xii.).
Finding: Changes or alterations have been required in, or
incorporated into, the project which avoid or substantially lessen the
potentially significant environmental effect as identified in the final EIR.
.
II. PROJECT ALTERNATIVES:
A. No Project Alternative (environmentally preferable alternative.)
Alternative: The No Project Alternative consists of leaving the site in
its present condition. (DEIR p. 80)
Statement Of Fact: There is currently a shortage of vacant land
designated on the General Plan for commercial uses available in Gilroy
(Planning Department Staff Report, GPA 90-07). The no project alternative is
inconsistent with the existing General Plan designations, which allow
development of the site.
Finding: The City Council finds that there is a need to increase the
supply of commercial enterprises in the City (in a range providing for a
variety of family sizes, income levels and age groups) in order to accommodate
the CitY's~growing population. The No Project Alternative would pot meet the
City's immediate need for increased commercial development. The City Council
thus finds that the No Project Alternative is not desirable. This alternative
is not "feasible" as defined in Section 15364 of CEQA Guidelines because it is
not capable of being accomplished in a successful manner taking into account
economic, social, and legal factors. Specific economic, social, or other
considerations make infeasible this project alternative identified in the
DEIR. (See also Statement of Overriding Considerations, Section III, below.)
B. Santa Teresa Boulevard Site Alternative.
Alternative: The Santa Teresa Boulevard Site Alternative consists of
leaving using the site in its at the southeast corner of Santa Teresa
Boulevard and First Street. (DEIR p. 81)
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Statement Of Fact: The alternative site does not have access to or
visibility from Highway 101, and therefore would not attract a high percentage
of customers from other parts of the region. In addition, the applicant does
not own this alternative site.
Finding: The alternative site would not fulfill the objectives of the
proposed project of providing profitable retail outlet services because the
alternative site is not near Highway 101. This alternative is not "feasible"
as defined in Section 15364 of CEQA Guidelines because it is not capable of
being accomplished in a successful manner taking into account economic,
social, and legal factors. Specific economic, social, or other considerations
make infeasible this project alternative identified in the DEIR. (See also
Statement of Overriding Considerations, Section III, below.)
III. OVERRIDING CONSIDERATIONS
An unavoidable significant adverse environmental impact is a significant
adverse impact which cannot be mitigated to a level of insignificance. The
City Council finds that the air quality impact referenced in the Final
Environmental Impact Report and summarized in Section I.E. of these findings,
while lessened through proposed mitigation measures, cannot be mitigated to a
level of insignificance. The City Council hereby finds that the benefits of
the proposed project nonetheless outweigh the unavoidable significant adverse
environmental impact. Accordingly, the impact is considered acceptable
because:
.~
1. The decrease in air quality could only be partially mitigated by
scaling down the proposed development. Of the identified alternatives, only
the no-project alternative would reduce the impact to a level of
insignificance. The project alternatives are infeasible or will not avoid or
substantially lessen the one remaining significant effect for the reasons
stated in Section II.
2. The mitigation necessary to further reduce this significant
environmental effect, beyond what is already proposed in Section I.E., to a
level of insignificance would impose constraints on the development of the
proposed project, including its size and density, that would make the project
economically infeasible.
3. The City will realize specific and significant social, economic and
other benefits from the approval and development of the project, such as
increasing the variety of commercial enterprises in the City ~o accommodate
the City's growing population. Denying the project, adopting the no-project
alternative, or requiring further mitigation would prevent or inhibit the City
from realizing these benefits.
.
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EXHIBIT 'A'
DEFRRRED PROPERTY DEVELOPMENT
AGREEMENT 92-35
SOUTHPOINT BUSINESS PARK ASSOCIATES
A.P.~. 841-69-005 (Portion) ,841-69-007
841-69-008 and 841-69-014(Portion)
M 34 4 PA GE '35
EXHIBIT "B"
INDIVIDUAL IMPROVEMENT FINANCIAL CONTRIBUTIONS
NUMBERING SYSTEM IN CONDITIONS OF APPROVAL
IMPROVEMENT
DESCRIPTION
SOUTBPOINT
COMMERCIAL
PARCEL 1
SOUTBPOINT
COMMERCIAL SAN YSIDRO
PARCEL 2 COMMERCIAL
OUTLET
PHASES
I & II
TOTAL
COST
A. COST SHARED BY SOUTHPOINT COMMERCIAL PARCELS 1 AND 2
6. widen Arroyo Circle to a
six lane arterial between
Leavesley Road and Camino
Arroyo (Cost Spread Items
B,C&E). $148,969
$163,866
$0
$0 $312,835
7. Add a third northbound
left turn lane on Arroyo
Circle at Leavesley Road
(included in No.6 above). $0
8. Modify signal at Leavesley
Road and Arroro Circle
(Cost Spread tern D). $30,953
9. Add separate left- and
right-turn lanes on Camino
Arroyo (Cost Spread item A). $29,286
10. Signalize the Arroyo Circle/
Pacific West Outlet Mall/
Camino Arroyo intersection
(Cost Spread item S). $27,143
11. Allow left turns from the
eastbound Pacific West
Outlet Center exit lane.
A separate right turn lane
should be provided (Cost
borne by Outlet Phases I & II)
$0
$0
$0 $0
$34,047
$0
$0 $65,000
$32,214
$0
$0 $61,500
$29,857
$0
$46,000 $103,000
$0
$0
$0
$0
$0
----------------------------------------------------------------------------------------
SOUTHPOINT TOTAL $236,351 $259,984 $0 $46,000 $542,335
B. COST SHARED BY SOUTHPOINT PARCELS 1 AND 2 PLUS SAN YSIDRO COMMERCIAL
12. Widen Leavesley Road to a
six lane divided arterial
between Murray Avenue and
Arroyo Circle (Cost Spread
items E, F ~ of 0, L, M,
~ of P, & Q). $229,545 $252,499 $456,662 $0 $938,706
13. Add a second westbound left
turn lane on Leavesley Road
at the southbound Hwy. 101
ramps (Included in No. 12
above) . $0 $0 $0 $0 $0
14. Modify signal on southbound
Hwy. 101 off-ramp at
Leavesley Road (Cost Spread
item H). $21,870 $24,057 $54,073 $0 $100,000
15. MOdi~ signal on San Ysidro/
Nort ound Hwy. 101 off-ramp
at Leavesley Road (Cost $0 $100,000
Spread Item H). $22,443 $24,687 $52,871
16. Add southbound merge lane
on southbound Hwy. 101 on-
ramp (~ of Cost Spread
item P).
17. Add third southbound left
turn lane on southbound
Hwy. 101 off-ramp (Cost
Spread item 0).
18. Add 10 foot sidewalks along
both sides of Leavesley Road
between Murray Avenue and
Arroyo Circle where none
exist (Included in No. 12
above). $0 $0 $0 $0 $0
----------------------------------------------------------------------------------------
LEAVESLEY TOTAL $290,474 $319,521 $603,786 $0 $1,213,781
$8,139
$8,953
$20,983
$0
$38,075
$8,478
$9,326
$19,197
$0
$37,000
-------------------------------------------------------------------------~--------------
GRAND TOTAL
$526,825
$579,505
$603,786
$46,000 $1,756,116
,~ 34 4 pn GE! I 3 6
EXHIBIT 'e'
RESOLUTION NO. 92- 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF' GILROY MAKING CERTAIN FINDINGS REQUIRED BY
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND
APPROVING GPA 90-06, AMENDING THE GILROY
GENERAL PLAN MAP TO CHANGE THE DESIGNATION
FROM VISITOR SERVING COMMERCIAL AND GENERAL
INDUSTRIAL TO GENERAL SERVICES COMMERCIAL ON
AN APPROXIMATELY 49-ACRE PROPERTY LOCATED ON
ARROYO CIRCLE, AND AMENDING THE GENERAL PLAN
TEXT TO ELIMINATE SPECIFIC PLAN AREA 3A FROM
APPENDIX B
WHEREAS,
southpoint Business Park Associates has
submitted GPA 90-06, to amend the Gilroy General Plan map to change
the designation from Visitor Serving Commercial and General
Industrial to General services commercial on an approximately 49-
acre property located on 'Arroyo Circle, south of , Leaves ley Road and
east of u.S. 101, and to amend the General Plan text to eliminate
Specific Plan Area 3a from Appendix B; and
}'
WHEREAS, the city caused to be prepared under' its
direction and control and' pursuant to the requirements ()f. the
California Environmental Quality Act Draft and Final Environmental
Impact Reports ("EIR") for project; and
WHEREAS, the EIR was reviewed and considered by the
Planning Commission and the Planning commission held a duly noticed
.
and advertised public hearing on the 2nd day of January, 19~2, and
after that public hearing the Planning Commission did unanimously
vote to recommend that the City council find the EIR to be complete
and in compliance with CEQA and then did unanimously adopt
Resolution No. 92-3 making certain findings and recommending that
the City council approve GPA 90-06; and
WHEREAS, the City council has on the 21st day of January,
1992, conducted a duly noticed and advertised public hearing and
after that public hearing did certify that the Final EIR has been
completed in compliance with CEQA, and the Final EIR was presented
to the City council and the city Council reviewed and considered
RESOLUTION NO. 92 - 6
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M 344 pn GEl I 37
the information contained in the Final EIR prior to taking action
on GPA 90-06;
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The city Council hereby makes the findings regarding
project impacts and project alternatives, and adopts the statement
of overriding considerations, all as set forth in a portion of the
attached Exhibit "AI', incorporated herein by this reference; and
B. The mitigation monitoring program required by Public
Resources Code section 21081.6, attached to this Resolution as a
portion of Exhibit "A" and incorporated herein by this reference,
is hereby adopted; and
C. The City Council concurs with the findings of the
Planning Commission and further finds that:
1. The city has properly taken all actions
required by the California Environmental Quality Act; and
2. The adoption of GPA 90-06 is in the pUblic
interest; and
D. GPA 90-06 should be and hereby is approved, so that
the Gilroy General Plan map is amended to change the designation
from visitor serving Commercial and General Industrial to General
services Commercial on an approximately 49-acre property located
on Arroyo Circle, south of Leavesley Road and east of u.s. 101, and
.
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RESOLUTION NO. 92 - 6
H 34 1+ p~ GE ! , 38
the General Plan text is amended to eliminate Specific Plan Area
3a from Appendix B.
PASSED AND ADOPTED this 21st day of January
by the following vote:
:,
, 199~
AYES:
COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON,
ROWLISON, VALDEZ and GAGE
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
APPROVED:
/s/ DONALD F. GAGE
Mayor
AT'1'EST:
/s/ SUSANNE E. STEINMETZ
city Clerk
.
."
RESOLUTION NO. 92 - 6
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