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Resolution 1998-59 ~ . . . . RESOLUTION NO. 98-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY MAKING CERTAIN FINDINGS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION WITH A PROJECT REQUIRING A CONDITIONAL USE PERMIT, VARIANCE AND ARCHITECTURAL AND SITE APPROVAL TO ALLOW THE DEVELOPMENT OF A SHOPPING CENTER FOR WHICH AN ENVIRONMENTAL IMPACT REPORT HAS BEEN PREPARED, AND ADOPTING MITIGATION MEASURES AND APPROVING A MITIGATION MONITORING PROGRAM FOR THE PROJECT (CUP 98-03, V 98-08, NS 98-24- PUD: Home Depot). WHEREAS, the Council intends to approve a project to allow 161,812 square feet of commercial space, including a 129,802 square foot building materials sales establishment and outdoor garden center, two restaurants and a retail area, on approximately 14.22 acres, herein referred to as the "project"; and WHEREAS, such project was the subject of a Final Environmental Impact Report (Final EIR) entitled "Home Depot Draft Environmental Impact Report" and "Home Depot Final Addendum EIR" prepared by the City of Gilroy as the Lead Agency in compliance with the requirements of California Environmental Quality Act of 1970, as amended, (CEQA) and said Final EIR was recommended for certification by the City of Gilroy Planning Commission on September 17, 1998; and WHEREAS, CEQA requires that, in the approval of a project for which a Final EIR has been prepared, the decision-making body shall review said Final EIR and make certain findings regarding the significant effects on the environment identified in said Final EIR; and WHEREAS, the City Council of the City of Gilroy is the decision-making body for Planned Unit Development Architectural and Site Approvals; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon the City Council's decision is based is the Office of the City Clerk. NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY certify that as the decision-making body, it has reviewed and considered the information contained in the Final EIR, and other information in the record, prior to acting upon or approving the project, and finds that the Final EIR has been completed in compliance with CEQA and reflects the independent judgment and analysis of the City of Gilroy as Lead Agency for the project. NOW, THEREFORE, THE CITY COUNCIL DOES FURTHER HEREBY make the following findings with respect to the significant effects on the environment of such project as identified in the Final EIR: IKHM1424225.01 83-092904706002 -1- RESOLUTION NO. 98-59 , . '- . . I. FINDINGS OF SIGNIFICANT ENVIRONMENTAL IMPACT. A. Soils and Geology. 1. Exposure to Seismic Hazard a) Impact: Future development would be exposed to seismic hazards associated with seismic ground shaking typical of the Santa Clara Valley, (Potentially Significant Impact) b) Mitigation: The proposed project shall be designed III accordance with earthquake design regulations of the Uniform Building Code. In addition, the proposed project shall conform to the Uniform Building, Plumbing, and Mechanical Codes, the National Electric Code, and the handicap and energy regulations in Title 24 of the California Building Code. This will ensure that impacts are reduced to an insignificant level. c) Finding: Implementation of the mItIgation measures identified in the Final EIR will reduce this potential land use impact to a less-than-significant level. 2. Conversion of Land a) Impact: Development of this site will result in the conversion of 15 acres of prime agricultural land to non- agricultural uses. b) Mitigation: There are no mitigation measures available to reduce this impact to a less-than-significant level. c) Finding: This impact is a significant unavoidable impact. See Statement of Overriding Considerations. B. Surface Water. 1. Surface Water Runoff a) Impact: The concentration of pollutants in the surface water run-off generated by development of this project could pollute water downstream from this site. b) Mitigation: The project proponent will be required to prepare and submit a detailed storm drainage improvement plan for the overall project site, and construct improvements specified in the plan. In addition, the project proponent will \KHM\424225.01 83-092904706002 -2- RESOLUTION NO. 98-59 . , . . implement applicable storm water source and treatment- based best management practices as recommended in the California Storm Water Best Management Practice Handbooks, and will provide a periodic sweeping program for proposed roadways, driveways and parking areas on the project site. These mitigation measures will ensure that future development will not result in a significant impact. c) Finding: Implementation of the mitigation measures identified in the Final EIR will reduce this potential land use impact to a less-than-significant level. C. Traffic and Circulation. \KHM\424225.01 83-092904706002 1. Leavesley Road & San Ysidro Avenue a) Impact: Several street segments will fall below City level of service standards with implementation of the proposed project (existing plus approved plus project conditions). During the Saturday peak hour, Leavesley Road east and west of San Ysidro Avenue drops from LOS C to LOS D. San Ysidro Avenue, north of Leavesley Road, drops from LOS A to LOS D. In addition, the San Ysidro Avenue/ Leavesley Road intersection drops from LOS C to LOS E under existing plus approved plus project conditions. With re-striping of the northbound approach, the level of service can be brought back to LOS D, However, this falls below City level of service standards, Mitigation measures to reduce the impact to a less than significant level (i. e., to bring the level of service to LOS C or better) are not feasible at this location. The addition of another lane on the westbound approach would require the acquisition and demolition of an existing gas station. (Potentially Significant Impact) b) Mitigation: There are no feasible mItIgation measures available to reduce the impact of the level of service drops on Leavesley Road east and west of San Y sidro and San Y sidro Avenue, north of Leavesley Road to a less than significant level. The San Ysidro Avenue/Leavesley Road intersection will be re-striped on the northbound approach. This will bring the level of service back to LOS D. However, this falls below City level of service standards. Mitigation measures to reduce the impact to a less than significant level (i.e., to bring the level of service to LOS C or better) are not feasible at this location. The addition of -3- RESOLUTION NO. 98-59 , ~ IKHM1424225.01 83-092904706002 . .~ another lane on the westbound approach would require the acquisition and demolition of an existing gas station. c) Finding: This is an avoidable significant impact. See Statement of Overriding Considerations. 2. Driveways a) Impact: Internal circulation and access to the project will cause additional traffic impacts on San Ysidro Avenue. b) Mitigation: The project proponent will revise the driveways on the site plan, and will shift the proposed restaurants to the north. The project proponent will also prepare an on-site improvement plan, which shall include the following measures: . Place a signal at the south entrance to the project site. . Design the lane configuration for the signal to have two outgoing lanes at each driveway. The proposed project shall design the driveway to have one exclusive left and a shared left-through-right lane. . Construct an exclusive left-turn lane, one through lane and a shared through/right-turn lane on San Y sidro Avenue for both the north and southbound approaches to the driveways. . Construct one outgoing and one incoming lane, which are a minimum of 35 feet wide; not exceeding 45 feet wide at the non-signalized driveways. . Widen San Ysidro Avenue to a 64-foot face of curb to face of curb roadway with frontage improvements (sidewalks, landscaping, etc.) within an 84-foot right-of- way in front of the project site. The curb lanes should be 14 feet wide, while the other three lands should be 12 feet wide. These frontage improvements should also be made on the Koda/Ninomaya property to the south to provide a pedestrian link between the proposed project and the outlets to the south. . Include a bus stop and protection bay on the site frontage of the project site, preferably near the signal. -4- RESOLUTION NO. 98-59 . , . . c) Finding: Implementation of the mItIgation measures identified in the Final EIR will reduce these potential traffic impacts to a less-than-significant level. D. Air Ouality. 1. Regional Air Quality a) Impact: Vehicle emissions resulting from operations of the proposed project will exceed the BAAQMD thresholds for ROG, CO and NOx. b) Mitigation: The project proponent shall prepare an emissions reduction plan for review and approval by the City Planning Division prior to issuance of a building permit. The emission reduction plan shall consider, but not be limited to, the following measures (measures recommended in the 1996 BAAQMD CEQA Guidelines): . Carpool/vanpool program, e.g., carpool ride matching for employees, assistance with vanpool formation, provision of van pool vehicles, etc. · Transit facilities such as bus turnouts/bus bulbs, benches, shelters, etc. . Preferential parking (e.g., near building entrance, sheltered area, etc.) for carpool and vanpool vehicles. · Secure, weather-protected bicycle parking for employees. · Safe, direct access for bicyclists to adjacent bicycle routes. · Showers and lockers for employees bicycling or walking to work. . Secure short-term bicycle parking for retail customers and other non-commute trips. · Direct, safe, attractive pedestrian access from project to transit stops and adjacent development. c) Finding: Even with the implementation of this plan, the project's air quality impacts will not be reduced to a less-than-significant level. There is no mitigation available \KHM\424225.01 83-092904706002 -5- RESOLUTION NO. 98-59 . . \KHM\424225.01 83-092904706002 . . that will completely avoid or reduce the significant regional air .quality impact. Therefore, this impact is an unavoidable significant impact. See Statement of Overriding Considerations. 2. Short- Term Construction a) Impact: Temporary air quality impacts would occur during construction, as a result of clearing, grading, and surface preparation and hauling at the site. b) Mitigation: The following control measures shall be incorporated into any permits for all phases of the project: . Water all active construction areas at least twice daily. · Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. · Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. . Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites. . Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. . Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more). · Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.). . Limit traffic speeds on unpaved roads to 15 mph. . Install sandbags or other erosion control measures to prevent silt runoff to public roadways. . Replant vegetation in disturbed areas as quickly as possible. -6- RESOLUTION NO. 98-59 .! . . . Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site. . Install wind breaks, or plant trees/vegetative wind breaks at windward ~ide( s) of construction areas, . Suspend excavation and grading activity when wind (instantaneous gusts) exceed 25 miles per hour. . Limit the area subject to excavation, grading and other construction activity at anyone time. c) Finding: Implementation of the mitigation measures identified in the Final EIR will avoid or reduce this potential land use impact to a less-than-significant level. E. Public Services: Water. 1. Supply a) Impact: The proposed project will necessitate providing adequate water service to this site. b) Mitigation: The project proponent shall provide a fire flow test to verify that sufficient fire flow is available for the commercial and industrial land use on this site. c) Finding: Implementation of the mitigation measures identified in the Final EIR will reduce this potential land use impact to a less-than-significant level. F. Hazardous Materials. \KHM\424225.01 83-092904706002 1. Fuel Tanks and Debris Pile a) Impact: There may be hazardous materials contamination on this site from two leaking fuel tanks and debris piles. b) Mitigation: The project proponent shall retain the services of a qualified environmental testing company to collect and test random soil samples for analysis of petroleum hydrocarbons, including diesel fuel, in the following areas of the project site: . vicinity of the waste oil tank (Mussallem property); -7- RESOLUTION NO. 98-59 .t. . . . vicinity of abandoned trucks and debris piles (Mussallem property); . vicinity of septic system (Mussallem property); and . the Tang property. In the event that contamination is discovered, affected soils shall be removed in compliance with all federal and state regulations governing clean-up procedures and disposal of hazardous materials. Clean-up shall be certified as complete by the Santa Clara County Department of Health and the Santa Clara Valley Water District. c) Finding: Implementation of the mItIgation measures identified in the Final EIR will reduce this potential land use impact to a less-than-significant level. G. Cultural Resources. 1. Unknown Cultural Resources a) Impact: Unidentified buried cultural resources may be found during future construction on the project site. (Potentially Significant Impact) b) Mitigation: The following language shall be included in any permits issued for the project site, including, but not limited to, building permits for the future development: "If archeological resources or human remains are discovered during construction, work shall be halted at a minimum of 200 feet from the find and the area shall be staked off The project developer shall notify the coroner for human remains, the Director of the Archeological Regional Research Center for other resources. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented." c) Finding: Implementation of the mItIgation measures identified in the Final EIR will reduce this potential land use impact to a less-than-significant level. \KHM\42422501 83-092904706002 -8- RESOLUTION NO. 98-59 .! . . H. Cumulative Impacts. 1. Traffic a) Impact: The future development of the project site, in conjunction with the development of "reasonably foreseeable projects" would result in a level of service in the operations of several roadway segments and intersections to below a LOS C. b) Mitigation: Conformance with General Plan Transportation Policies will help to reduce this impact, but the project would still result in a significant unavoidable impact. c) Finding: This impact is a significant unavoidable impact. See Statement of Overriding Considerations. 2. Access to Columbia/South Valley Hospital a) Impact: The future development of the project site, III conjunction with the development of "reasonably foreseeable projects", would result in delays in access times to the Columbia/South Valley Hospital. b) Mitigation: The Cohansey Avenue overpass will need to be constructed prior to build-out of the San Ysidro Avenue Corridor. Construction of this overpass would ensure unhampered access to the Columbia/South Valley Hospital, and will reduce this impact to a less-than-significant level. c) Finding: Implementation of the mitigation measures identified in the Final EIR will reduce this potential land use impact to a less-than-significant level. 3. Loss of Prime Agricultural Land a) Impact: The future development of the project site, III conjunction with the development of "reasonably foreseeable projects", would result in the loss of prime agricultural land. b) Mitigation: Conformance with General Plan Transportation Policies will help to reduce this impact, but the project would still result in a significant unavoidable impact c) Finding: This impact is a significant unavoidable impact. See Statement of Overriding Considerations. \KHM\424225.01 83-092904706002 -9- RESOLUTION NO. 98-59 .. . . 4. Water Quality a) Impact: The future development of the project site, III conjunction with the development of "reasonably foreseeable projects", could result in significant cumulative water quality impacts b) Mitigation: Conformance with General Plan Policies, as well as implementation of the recommended mitigation measures contained within the EIR, will reduce this impact to a less-than-significant level. c) Finding: Implementation of the mItIgation measures identified in the Final EIR will reduce this potential land use impact to a less-than-significant level. 2. Air Quality a) Impact: The future development of the project site, in conjunction with the development of "reasonably foreseeable proj ects", could result in a significant cumulative impact on air quality. b) Mitigation: Conformance with General Plan Transportation Policies and implementation of mobile-source air emissions reduction measures will help to reduce this impact, but the project would still result in a significant unavoidable impact. c) Finding: This impact is a significant unavoidable impact. See Statement of Overriding Considerations. n. ALTERNATIVES TO THE PROJECT. 1. No Project (No Development): a) Description: The no project alternative consists of leaving the site in its existing, generally undeveloped condition. b) Comparison to Proposed Project: This alternative would result in a significant decrease in project impacts with regard to geology, soils, surface water, traffic and circulation, air quality, water, sewer, and hazardous materials. It would result in a slight decrease in project impacts with regard to visual, fire, police, and cultural resources; and no change in project related impacts to biological resources. The No Project alternative would not meet the primary objectives of developing this site for commercial use. \KHM\424225.01 83-092904706002 -10- RESOLUTION NO. 98-59 " . . c) Finding: This alternative is environmentally superior to the Proposed Project, since it avoids the impacts of the project. However, the No Project alternative is rejected as infeasible because it does not meet any of the objectives of the project, nor provide any benefits to the City, such as job generation and tax revenues. 2. Alternative Location #1: a) Description: A potential alternative location for the Home Depot site is the vacant Kmart at the southeast corner of Tenth Street and Chestnut Street. b) Comparison to Proposed Project: This alternative would result in a significant decrease in impacts to soils and visual quality. There would be a slight increase in impacts from hazardous materials All other impacts would not change with this alternative. c) Finding: This alternative is marginally superior environmentally to the Proposed Project. However, this alternative is rejected because it fails to meet the project's objectives and the City's objectives in expanding the tax base and providing jobs, while at the same time increasing the services available to City residents. 3. Alternative Location #2: a) Description: This alternative site, consisting of 15 acres, includes the Mussallem property and the adjacent KodalNinomaya property, immediately adjacent to the site. b) Comparison to Proposed Project: This alternative would not change or eliminate any of the significant impacts of the Proposed Project. c) Finding: This alternative is rejected because it IS not environmentally superior to the Proposed Project. 4. Reduced Square Footage Alternative: a) Description: This alternative would result in a reduction of the square footage of the proposed project by twenty percent. b) Comparison to Proposed Project: This alternative would create the same unavoidable significant adverse impacts to prime agricultural land, air quality, and traffic as the Proposed Project. \KHM\424225.01 83-092904706002 -11- RESOLUTION NO. 98-59 " . . c) Finding: This alternative is rejected because it is not environmentally superior to the Proposed Project. The impacts created by this alternative would not reduce the above-named impacts to a less than significant level. ID. STATEMENT OF OVERRIDING CONSIDERATIONS. After review of the entire administrative record, including the Final EIR, the staff report, and the oral and written testimony and evidence presented at public meetings, the City Council finds that specific economic, legal, social, technological and other considerations justify the approval of this project in spite of the existence of unavoidable environmental effects that are deemed significant and that cannot be completely mitigated to a level of insignificance. The City Council adopts and makes a Statement of Overriding Considerations regarding the significant unavoidable impacts of the project and the anticipated benefits of the project. The City Council finds that each of the benefits set forth below in this Statement constitutes a separate and independent ground for finding that the benefits of the project outweigh the risks of its potential significant adverse environmental impacts. A partial list of the benefits of the project which constitute the specific considerations that justify the approval of the project are as follows: 1. The development of this commercial and industrial land will occur in an area where municipal services are immediately available, therefore requiring a minimal amount offuture public service upkeep. 2. The development of this commercial and industrial land will contribute to the City's job base and provide an additional source of goods and services to the residents. The jobs provided will serve a variety of income levels, including entry-level, part-time positions and management jobs. 3. The development of this commercial and industrial land will contribute to the City's tax base. 4. This commercial and industrial land is contiguous to existing developed commercial and industrial lands within the City, and represents a consistent development pattern that avoids adjacent land use conflicts. IV. ADOPTION OF THE MITIGATION/MONITORING PROGRAM The City Council hereby adopts the mitigation measures set forth in the Final EIR and the MitigationIMonitoring Program attached hereto as Exhibit A and incorporated herein by this reference. \KHM\424225.01 83-092904706002 -12- RESOLUTION NO. 98-59 . . PASSED AND ADOPTED this 5th day of October, 1998, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, and GILROY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: SUDOL APPROVED: K.A. Mike Gilroy, Mayor ~.TE: .. .~~: Rhonda Pellin, City Clerk - \KHM\424225.01 83-092904706002 -13- RESOLUTION NO. 98-59 -- I . I [J I . "Co.;,o'" -- . EXHIBIT A Mililatitm ManitDring Clec1dJlt Prior to issuance of a BWlding P.nzdt. the following mitigatian measures shall be =pleznmtec1= I 1. - I I .,. .... II -- 3, II I I I] I I I .. ,~' I .. - .... The proposed project shall be designed in acco['danc:e with carthqua~ design regulations oE the Unifonn Building Code. Fim11 de"'~opment plaN for the future proposed project slWl be subject to review and approval of the. City BWlcUng Divisitm prior to issuance of a buil=g pen:nit. The propaHCi proje<:t shall conform to the Uniform 8uilding. Plumbing. IUld Mecha:nial Codes. theNaticmaI Elec:z:ric:a1 Code. and ltal! handicap and l!I:'Iergy regWaUCX\5 in ntle 24 of the Califomia Building Cod.e. subjec:r to review md approv;J of the Engineering Division prior to issuance of a building pen:nit. The projllC:t proponent shall be required to submit a detailed stann d.rainaF improvement plan fer the proposed project md construct improvements specified in the plan. The plan sMll include design and speQiicatioN for the o.n-site storm drainage system mld all off-mte storm c:imiNlse improvements. The type. size. anc11ocatiol'l of a11 infrnstruc:ture improvmnllnlS shall be determined by the &.gineer:ing Division prior to issuance of. building pcmil The plan shall.i.nclude. but not ~ limited to. the following: . Ccmstrudicm of an extension to the existing stonn drain south c! the site. . Design and analysis of me drainage facilities shall be in accordance with the City of GUroy's Sbmc:iards ill'\d Standard. Specifications. :;~~~ o.velcper . GilrOy Plan.nJng DiVision Deve.lope:r Gilroy . EnJ:ineering Divi.s.icn Develaper Gilroy Engineering Division EMC Pltm.7rmg Group Inc. f1cmu: Dcpat MitigatUm Mcm:itDri:ng Program . .4-3 .... V~\.o . . 4. The project proponent shall implement ~ ~y app.lkab1e ltoan water source and trtsIta\c:nt- !npwering baHd best mmasem-m prad:ices as Divisian Z'el:omznau:led i:n the CAliJrmri. St",.", WlZter Bat M1nuzprnat Practiu H1DUlbooh. Thi:i may mdude CCIiIsi:rud:ion oJ oil anc:i paM separaktd in 1M stonn drainage imprave:mcus.. In ;addition, annual maintcru:lrlc:e oj oil and grnse separator.l shall be zequirecL Plans far this action shall require approval of the :Engineering Divi$ion prior to wuance of a grading permit - 5. The project proponent shall provicie a periodic: Developer Gihoy sweeping propm for propoHCl roadways. Engineering driveways, and puJcing areas an thIr project site. Division Plans for this actiDn shall ntqWre approval of the Engineering Division prior to issuance of a grading pe:mit. - 6. The project proponmt shall re-stripe the Developer Gilroy northbound approach of the San Ysidro Engineering Avenue/Uavesley Road inmrseaion. Design OivWan and. implementat:icm of this improvement shall be ver.i.fied by the aty Engineering DiVisian. prior to .issuance of a builcling permit. 7. The pmject pmponent shall revise th. Ate plan to Developer G.i.lroy address the following: Enginftr,ing Division . Al.i.sn the driveways of the proposed project and the Office Max across S;m Ysdiro Avenue, shlftmg the two 5OUt.hem.most driveways to the north. This would. allow the c:reatian of a mai:n signalized I!I:'Itnmce ilt the southcmmost driveway. ... Shift the n:staurants to the north and relocate some oithe parking to tht! southwest c:Omer of the project site. nus D necessary in orc:ler to realign the driveways at the project site. The site pla.n shall be nvi5ed prtor to issuaftre of a building pa:tnit and is subject to re~ by the City Engineering OiVison. EMC PI4H,.illg GrouT' Inc. Homt Dqmt Mitigrztitm MtmitDTillg l'mp'" A~ I , r I \ I "t,,;,i...... . " . . 8. The project proponent shall prepare an on-trite Devflloplr cmoy imp1'CWemc:nts plan which 5hall include the i:ngir--ll,S iollowing zraeuura: Division . Place a signal at the south mtr8nCe ro the: project site. . DeSign the lane configuration for the sigN! tc M"e two outgoing lam!s at each driveway. The proposed project shall design the , . driveway to have one exclusive left and a . sharec:l1eft-through-right lane. . C~truc:t an exdusive left turn lane, 01'le through lane anc1 a shazed through/right tum lane on San Ysidro A venue for both the north and southbound approad\es ro the - . driveways. . Corvrt:ruc:t one outgomg and one incoming Janel which ;are a minimw:n oE 3S feet Wi.d.I. not exO!8ding 4S feet wid. at the non- si~ cb:iveways. . Wic:!er\ SuI. Ysicirc AVl:r\ue to ll64mce of curb to face ol c:u:rb ft)Gdwaywith frontage improvements (sidewllb, landscaping etc.) within . 84 foot dght-oi-way in front of the . project: site. The c:urb lanes should be 14 teet . wide, while the other three Janes shoWd be 12 feet wide, n.ae frontage improvements shoulci also be made on the Koda/NinOJIlJlya property to the south to provide a pedestrian link between the proposed prc;ect and the outlets fa the south. . lrtduc:le a bus stop and. proteaion bay on the site ft1;mtageof the project site, preferably near thl! signaL EMC PUnmi:rrg Group Inc. Hmrre Dt:pot Mitigaticm MoftltDMg ~'''1lI A-S . 9. Thl: project p:cpcmmt shall prepare an emissions reducticm plm far review and apptoval by thl! City PlamUnr Division prior to issumu:e ot a building pemlit. !he emission Mduction plan sha1I consider. but not be limited to. t.he following meu~ CU'll:a5Url!5 recommended in the 1996 BAAQMD CEQA Guidelines); · Cupoollvanpool progr.un, ..g., c:arpool ride matc.hJ:l.g for employee&, aS61&tance with vanpool formation, provision of vanpool VehiclllS, etc. · Transit facilities such as bus tumouts/hus bulbs, bt!nc:hes, she!ten. etc. · Preferential parking (e.g., near building entrance, sheltered area, etc.) for c:mpoo1 and vlII'lpool vehicles. - · Secw:-e, w~llt:her-protec:ted bicycle parbt;- fer employetS. · Safe. direct access iorbic:yc:lists to acijacenr bicycle routes, · ShoweD md lodce:s fer employees bkyding or walJdng to work. · Secure .short-term bityc:1e parking tor retail eustDinl!l5 and other non-c:ommute tzips. · Direct. ,ate. attTaC'tivl! pedestrian access lrDm projec:t ro transit stops and adjacent development. EMC Plimnmg Croup Inc. Hamc DrpDt MiH.ptirm MmUtI1ri7rg ProgNm . ~veICJptIr GUroy Pluming Division "'C..oI.......... A-6 "'Co:oI ~...... ---~- . ~.. . . 10. !he following ccmtrol measuns shall be Developer Gilroy i:ncorporaNd into II1\Y pemtits far aU phases of Plannmg the project: Division . Wab!r all active consauctian antaS at leut twice ctaily. - Cover all ~cb iululi%\g soil,. sand, and othm' loose materiAls or require all truclG to 1%\8intain at least two feet of freeboard.. . . Pave, apply water three times diWy. Ol' apply (ncm.toxic) soil stabilizers 01\ all unpaved ac::c:e:ss roads, parking areas and ampS areas at construc:ticn site. . Sweep daily (with water sweepers) all paved alXess roads, parking an.. and staBing lU'I9I5 at construction siteS. . Sweep streets daily (with water sweepms) if visible loil material is carried ontD acljacent pub1ic streets. - Hydroseed or apply (non-toxic) soil stabil.iuzs to inac:t:i.ve construction areas (previDusly graded uas inac:t:i.ve for ten days or more). . Enc:1ose, c:over. watt::' twice daily or apply (non-toxic::) soil bindc:s to exposed stockpiles (dm. sand. etc.) . Limit traffic: speecis on lmpaved roads to 15 mph. . wtall sandbags or other erosion cantrol meu\U'eS to prevent silt runoff to public roadways. . Replant vegetation in disturbed ara5 as quicldy as possible. . lNtaU wheel wasnezs for all existing tnu:ks, or wash off the t:in5 or traclros of all tntdcs and equipment leaving the sire. EMC P14mri1ag Group Inc. H01'IU! DqIt't Mitigrttitm. Mt11IitariJIg PrtJgnDn A,-7 . . 10. . Install wind breaD, or plant Developer Gilroy Continued tzesl vqetative wind brub at wmdward Plmming sic::le(s) of construction iIIrUS. Division . Suspend excavaaan md grading activity when windI (iNtmtmeCUS pts) exceed 2S miles pet hour. Limit the area subject: to excavatian. padiitg and other constnu:tiDn actiVity It anv eme time- . 11. The projec:t proponent shall provide a fire flow' Developer Gilroy .....t to verify that sufficimt lite flow is available Engilleering for commercial/mdustrialland use subj<<t to Division review md approval'by Oty Enginecing Division 'Drior to ilNance of a buildinllt 'PemUt. fMC Plamcing Cnncp inc. Harne Depot MitlptWn Mrmitllt'ihg Pro~lDft . A..8 ~ "'....., . I I I I I II I I I I I I I D I I ! I I ...... "'-- . . 12. The project p~t shall retain the set'Yice5 ~Joper Santa Clara of a qualified enviromrwntal testing compa1\Y County Dept. to collect and tMt random soU samples for of Health analysis of petroleum hydrocubox1s. including diesel fuel. in the following areas of the project: site: . vidrlity of the waste oil W\k (Mussallan property); . vicinity of abanc:lont=u trucks and debris - piles (Mussallml. property); and. - . vicinity of septic systcn (Mussallem property); . northem md sauthem boundzries of the Tang property - The environmentalconswtant shall comply with all regulations goveming sampling Inethodologies, shipping and handling prc:cedura, and testing methodolopa, The analysia JhaJ1 c:aznply with the planned schedule and analytic:Dl procedures for: providing the infoimaticm specified in the State of Califomia linviroN:nental Protection Agency Department of Toxh: SubstarlCes Control's p~ :Etuiangennent AlNSm\cnt {PEA). Valiclated. c:lata shall be submitbld to the Santa Clara County Oepart:z:nent of Health, the Santa Clara VaUey Water District, and the State of CaUiomia &IviroNnt:ntal Protection Agency Department of Tom Substances Control for: review~ri~toas~~ofamilldmgp~t lrt the event that cot\tam.ination is d.i5cuvered.. affecb!d soils !>hall be temovec:1 in cOlnpliance with all federal and state regulations goveming dean-up procedures and disposal of hazardoWl mattnials. Clem-up shall be certified as c:om.plete by the Santa Clara County Department of Halth and the Santa Clara V Ailey Wate!r District. EMC PlImning Group 1~. HD7fI~ DqJOt Mitigrztilm MonitoriJrg 17rJrrtJm A-9 -T .~ . . 13. Due to the possibillty that significant buried Developer Gilroy cWluml n!5OIUCeS miSbt be found during Plmning c~ the fo11ow1z1.g lmpap shall be Oivisicr\ included in any pttmits issued far the project sibl, i:Iduding. but not Jimillld m bui1cling pcmits for ttMt future development. pursuant to the review anc::I Bppraval of the Gilroy Plmu1ing Division: "If uchaaolDgical resources Dr human ~ are discOVft'ed duringconstruaicm, work shaD. be halted. at a minimum of 200 feet frozn the find uu! the iI:rea shall be staked oH. The project . developer shall notify the c::aroner or a the . Director al the Ar1:haeolagic:al Regicmal Raearch Center. If the find is detrm:nirJed to be signi&:mlt. appropriate mitigation znell5UftS shaD. be formulated and impJemented." - EMC PUm7liftg Graup Inc. Hr:nru: Depot Mitiptilm MDrritormg PTogIII.tn A-IO - "'Ciol ........ .~ I' I I I I I I I I I I I I I I I ,- . . I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 98-59 is an original resolution, duly adopted by the Council ofthe City of Gilroy at a regular meeting of said Council held on the 5th day of October, 1998, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 13th day of October, 1998. ~~, City Clerk of the City of Gilroy (Seal)