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Resolution 1998-60 . . .. RESOLUTION NO. 98-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING NS 98-24 (PUD), AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR HOME DEPOT INVOLVING APPROXIMATELY 14.22 ACRES, APN 835-04-019 WHEREAS, The Home Depot ("Applicant") submitted NS 98-24 (PUD), an application for architectural and site approval of a planned unit development ("PUD") for an 14.22 acre lot located at 8850 San Ysidro Avenue, between Leavesley Road and Las Animas Avenue; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), an Environmental Impact Report ("EIR") was prepared for this project; and WHEREAS, the City Council by Resolution No. 98-59 has certified the Final EIR, made the required CEQA findings, adopted the mitigation measures and the mitigation/monitoring program; and WHEREAS, the Planning Commission at a duly noticed public meeting on September 17, 1998, considered this project and voted to recommend approval of Application NS 98-24 to the City Council; and WHEREAS, the City Council at a duly noticed public meeting on September 21, 1998, considered public testimony, the Staff Report dated September 10, 1998, the Final EIR and all other documents and testimony in the record; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this project approval is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL HEREBY FINDS: A. The project complies with the findings required to grant PUD architectural and site \KHM\424200.01 86-100604706002 -1- RESOLUTION NO. 98-60 . . approval pursuant to subsections (a) through (i) of Section 50.55 ofthe Gilroy Zoning Ordinance, and said findings are hereby adopted as set forth in the Staff Report dated September 10, 1998 based on facts in the record including the following: 1. The project is consistent with the Gilroy General Plan because it conforms to the land use designation for the property on the General Plan Map, and it is consistent with the policies of the General Plan, 2. The proposed project will make a large scale building materials sales facility available to south Santa Clara County and northern San Benito County, and therefore fulfills a specific need of the surrounding area; 3. Urban services are available at this site; 4. The site plan is harmonious and integrated; 5. This project will continue the pattern of development along San Ysidro Avenue, which is both an economical and efficient use of land; 6. The landscaping covers 9.5% of this site, rather than the City's llll1llIllum requirement of 8%; 7. The proposed building is appropriate for an industrial development, and will harmonize with the other developments along San Y sidro Avenue; 8. All impacts from traffic congestion, noise, and other adverse effects will be mitigated to the extent feasible; and 9. Adequate access, parking, landscaping, trash areas and storage have been provided. B. NS 98-20 (PUD) should be and hereby is approved, subject to: 1. The sixteen (16) conditions, with revisions to Conditions one (1), fourteen (14), and sixteen (16) set forth in the Staff Report dated September 10, 1998, which revised conditions are attached hereto as Exhibit A, and incorporated herein by this reference. \KHM\42420001 86-100604706002 -2- RESOLUTION NO. 98-60 . . 2. The mitigation measures set forth in the Final EIR and MitigationIMonitoring Program attached hereto as Exhibit B and incorporated herein by this reference. PASSED AND ADOPTED this 5th day of October, 1998 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, GIFFORD,. MORALES, ROWLISON, SPRINGER, and GILROY COUNCILMEMBERS: NONE NOES: ABSENT: COUNCILMEMBERS: SUDOL APPROVED: tL~Q~~ K.A. Mike Gilroy, Mayor , ATTEST: ~~ Rhonda Pellin, City Clerk \KHM\424200.01 86-100604706002 -3- RESOLUTION NO. 98-60 6. 1. All of the MITI&ONMEASURES contained ~thin .IR for this developmen~ shall be applied to this approval in order to reduce and/or eliminate all potential significant impacts to a level of insignificance, as required under the California Environmental Quality Act (CEQA). This shall be subject to the review and approval of the Planning Division. 2. Landscaping: Landscaping plans including specifications for an irrigation system shall be approved by the Planning Division in accordance with the adopted Consolidated Landscaping Policy, prior to issuance of a building permit. The landscaping shall be continuously maintained in an orderly, live, healthy, and relatively weed-free condition, in accordance with the adopted Consolidated Landscaping Policy and the approved specific l~dscape plan. 3. All landscaped areas adjacent to parking and/or paved areas sliall be separated by a msed protective curbing to meet minimum City standards, subject to review and approval of the Planning Division. 4. The developer shall be required to install street trees according to the Consolidated Landscaping Policy. The developer will be required to obtain a Street Tree Permit prior to installation of the trees. This shall be subject to the review and approval of the Community Services Division. 5. Street frontage landscaping along San Y sidro A venue shall be bermed in order to provide additional screening of the parking areas. Such berming shall be delineated on required landscaping plans, and shall be subject to Planning Division approval. Trash Enclosures: All trash enclosures shall consist of visually solid fences and gates, six (6) feet in height,. in accordance with the adopted City of Gilroy standard trash enclosure design plan, or a similar design approved by the Planning Division. All trash enclosures shall be located in accordance with the approved site plan and Uniform Fire Code. In addition, recycling areas must be provided within the trash enclosures, in accordance with the following regulations: A. Areas for recycling shall be adequate in capacity, number, and distribution to serve the development project. B. Dimensions of the recycling area shall accommodate receptacles sufficient to meet the recycling needs of the development project. C. An adequate number of bins or containers to allow for the collection and loading of recyclable materials generated by the development project should be located within the recycling area 7. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward from the site toward any residential use or public right-of-way. This is subject to the review and approval of the Planning Division. 8. Mechanical Appurtenances: Mechanical equipment to be located on the roof of a building shall be screened by an architectural feature of the building such that it cannot be seen from ground EXHIBIT A The Home Depot conditiclOf Approval . 2 level at the far sIde of the adjacent public right-of-way, whenever possible. This is subject to the review and approval of the Planning Division. 9. Building colors shall be earth tones subject to Planning Division approval. 10. The developer/applicant must obtain a sewer allotment for this project, and sign a sewer allotment agreement prior to the issuance of any building permits, subject to the review and approval of the Engineering Division. 11. Off-site street improvements shall be subject to review and approval by the Engineering Division. 12. A grading plan must be provided subject to the review and approval of the Engineering Division. 13. Backflow devices must be provided, subject to the reyiew and approval of the Water Division. 14. All proposed future development at this site not a part of the Planned Unit Development shall require additional Architectural & Site Review and staff approval prior to building permit issuance. The architectural style and materials for the future buildings shall blend with the overall architectural scheme approved in this application, subject to the review and approval of the Planning Division. 15. All proposed signage shall be subject to Planning Division approval. Signs delineated on the submitted plot plan are not approved. The applicant shall develop a comprehensive sign program for all project signage, subject to Planning Division review and approval. 16. The applicant is required to obtain the necessary right-of-way along the eastern side of San y sidra Avenue south of the project site to the northern boundary of the Outlet Mall, as designated by the Engineering Division, and construct the street improvements subject to the review and . approval of the Engineering Division, prior to issuance of a certificate of occupancy for the project. All easements and rights-of-way must be dedicated anellor deeded to the City of Gilroy. . The developeishall pay all the costs of this acquisition, including land purchase for the ultimate right of way and easements, and may be entitled to full or partial reimbursement pursuant to standard City policies and ordinances. Should it be necessary for the City to acquire any rights- of-way or easements, all costs and expenses of acquisition anellor condemnation shall be paid by the developer, including but not limited to land costs, easement costs, costs and expenses of appraisers, attorneys arid other experts deemed necessary by the City for the acquisition of the property, staff costs, Court costs, post-trial costs, litigation expenses if awarded by the Court, and any relocation costs, The developer shall, within 21 days following notice by the City, deposit the estimated cost of all condemnation expenses with the City of Gilroy's Community Development Department. EXHIBIT A . . ~"""lW EXHIBIT. B . Mitigation MoJdtrnma c::hec:klist Prior tel isswU\Ce of a BuildUlS Permit. the fallowing mitiptian IJlIIUUnS shall ~ imph:me'\ted.: I I. 1. 'I1u: proposed project shall be designed. in ac:c:ordonce with earthq'ualcp. design regulations of the Unifonn Building Code. Final development plans for the future pt'Opased. project shall be subject to review a%\d approval of the City Building Division prior to issuance of a building permit. I I I :L The proposed project shaD confcnn to the UrUfann BuilcUng. Plumbing. and. Mec:hanic3l Codes. the N.1:icmal Electrical Cocie. and the ha:u:Ucap and energy regulations in Title 24 of the California Building Code, subject to review and approval of the :EnginH1ir\g Divi5ion prior to i3sUance of a bWlcUng pennit. I I 3. The PTojeC1: proponUlt shall be required to submit a d.tailed. stann drainage improvement plan for the prcposed. project and constrUct i:nprovements .specified. in the plan. The plan shall include design and spedficati.Dns fot the cn-site stonn drainage system and all off.:gte storm cirainage improvel%\el'lts. The type, size, and location oi all irlf:t;!structure improvel%\Imts . shall be detennined by the Engineering Division prior tu is~uance of a building permit. The plan shall include. but not be limited to, the iollowing: t I I ] . Construction of an extension to the elQsting storm drain south gf the site.. I Duign a1'\d analysis of the ci:a.iz1age facilities shall be in accordance with the City of Cilroy's Stanc:tl'lrds and Stat\c1arci SpeCiic:ations. I J I . EMC Pltmning Crovp I~, Htmle Dl!pot MitiglZti01l Monitoring Program I Deve1apcr Develope Developer Gilmy Planning Oi...ision Gilroy . Engineering Division G1lrcy. ingiNeri:ng Oivm.on A-3 . . 4. The project ptopOftmt shall implement ~ ~y applicable stom\ water soun:e and tn=atDu:nt- EnFneering buecl best manasem-u prac:t:ices as Division lKomzneI\C!ec! in the CWfr1n'M Stl1'l'm W~ Bat Mmw.gnnat ~ HmulboDIcs. This may mdud.. =Mtruc:tion of oil and pue separators in th. ston:n ciramage i:mprovcmen.C5. In addition, annua11Mintr::rumce of oil and grease separator.J shall be zequ.ired. Plans far this action shall require approval of the Engineering Divi$ion prior to wwrnce of a grading pennil 5. The project prOponent shall provide a pcicxlic: . Developer Gilroy sweeping propm. for proposed :gadways, Engineering driveways, and. pllrJdng a:eas an th. project site. Division' Pl~ for this action shall raqW.re approval of the Eng2neerlng DM5ion prior to &wince. of a grading pe:miL - 6. The project proponent shall re-stripe the DeVeloper Gilroy nortbbomu:i approach of the San Ysidro Engineering Avenue/Uaves1ey Raad inmrseaion. Design Divi&ian and imp1emE:ntaticm of this improvement shall be . verified by the Cty Engineering DiVisian, prior to issuance of. building ~ 7. TIle project pt"Oponent shall revise th. Ate plan to Dcvdcper Gilroy address the following: EngiJleeting Division . Align.the drivBWays of the proposed project and the Offke Max across San Y:u:liro Avenue, shlfting the two southernmost driveways to ~ north. This would allow the: O'eation of i1 main signalized l!I:'It:r3nce at the southcmmost driveway. . Shift th~ restaunnts to the north zmd reJcc:are soml! of the parking to tht! southwest c:omer of the project site. 'This i:5 neceSsary in order to realign the driveways at the project site. The site plan shall be rnisec:1 prtor to ~ of a building pamit and is subject to review by the City EnginHring OMson. EMC PlI2tt11irrg Grtnl'F' 1'/'fC. Hom, Dqmt Mitigrzti.tm MmVtari7a: Progrrmr A-4 . . 8. The project: proponent shall prepare an arHIite Develc:Jper CilNy improvements plan which shall ~ude the inpaeering .following JZldSUZ'a: Division . Place a signal at the south entrmce to t:kc project site. . Design the lane configuration for the lUP! to have two outgoing limes at each driveway. The proposed project shall design the driveway tu have one exclusive left and a shared left-through-right lane. . . C~truc:t an exclusive left tum lant:. one through Jane anc1 a shared Ehzough/right tum lane on Sat\ Ysidro A venue tot both the north and southbound apptoames to the driveways. - . Construct cme outgoing and one U\cornirlg lane, whichue a minZmam 0135 feet wicl.e. not ex~g 45 feet wide at the non- . sipllzed cirivl!!ways. . Wic!a\ Su\ Ysidro Avc:nue tD II 64 mce of c:urb to face oJ c:u.rb rcadway with frontage :improvements (sit1ewalb,lIndsc:Dpmg etc.) within a 54 foot right-of-way ill frant of the project site. The c:u.rb lancslhould be 14 feet wide, while the other three lanes shcN1d be 12 Ieet wide. These aanta;e improveml!l:'lt!S should also be made on the Koda/Ninmnaya property to the south to provide a pedestrian link betwl!!t!n the proposed. project and the outlets to the south. . Irtdude a bus stop and prarecion bay on the site frontage of the project site, preferably near thl! signaL J I I I I , J EMC PUrrmirtg Croup Inc. Htmrt! DI!'pOt Mitipticm MDPlttarVlg Pn:l8iQIri . A-S . 9. The p:c;ect prcpcmmt ~ prepare an emissions reducticm plan far review anc:l apptoval by the City PlaNUng Civisicm prior to i5sua:nce of a building permit. "IM emission nrdw:t:ion plan shaD consider. but not be limited to. the following mellSwes (measures reccnru:nenc1ed in the 1996 BAAQMD CEQA GuicielJnes): · Carpool/vanpocl pmgr.un, e.g., arpool ride matchmg for employee&, assistance' with vanpool formation, prevision of vanpool VehiclflS, etc:. . Transit facilities 5uch as bus hutlouts/bus bulbs, berlc:hes, she1ter.;. etc. PreferentiAl parking (e.g., near building entranc:e, sheltered 1l11!a, etc.) for c:upoo1 and vanpool vehides. · Secure, w~llther-proteC:l2d bicycle parkin; for employees. . · Sale. direct access tor bir:yc:lists tD adjacent bicycle routes. · Shower.s and lodcers fer employees bicycling or walking to work. · Secure .shart-tenn bicycle parking tor retail eustamer5 and other non-commute ::ips. · Direct. :sm. attt'aC1:ive pedestrian accl!55.from project to transit stops and adjacent development. EMC PlImnMg Croup Inc. HrmIC Dq1r1t Mitigtttitm Mmritf1ri7rg ProgrRm . ~ Gilroy !'1arWng Division A-6 . . 10. The following ccmtrol xneuures shaD be Developer Gilroy i:n.c:otpo:aatd into a:ny permits fin' all phases af Planning the project Division . Wate!' all active const:ruc:tian areas at least twice daily. . Cover &11 trucks hIsuling soil, sand. ancl oth&r lOOH mat8rla1s or require alll%uclcs tD rn.ai:\tain at least two feet of freeboard. . Pave, apply water three times diWy. or apply . . . - (non~toxic) soil stabi1iZe~ on all unpaved ac:c:e:ss roacb, parking areas cui staging iUeas at c:onstnu:lion sites. . Sweep daily (with water sweepers) all paved acxess roacis. parking arus md stapg areas at c:onsl:ruCtion siteS. - . Sw"p streets daily (with water sweepers) if visible soil material is cmied onto adjacent publk streets. . Hydroseeci or apply (ncn-toxic) soil stabilizers to inac:tive c:onstrudicn areas (previously gr.ad.ad areas inac:tive for ter\ days or more). . Enclose, cover. watf:r ~ daily or apply - (non-toXic:) soil bincic$ to exposed stockpiles (clli:t, sand. etc:.) . Limit tra1fk speeds on 'LU\paved roads to 15 mph. . !rIstall sandbags or other erosion c:ontrol measures to prevent silt nmoff to public: roadways. . Replant vegetation in disturbeci iUUS as quickly as possible. . lNtaU wheel washers for all exisang trucks, or wash off the t:in!s or tracks of all t::rudcs and equipment leaving the site. EMC Pl4mring Graup Inc. H~ DqIf't Mitiptitm Mtmitari7lg Pragnzm A,-7 II . . I 10. . Install wind. breaks, or plmt Developer Gilroy Continued 'f::rceS1 vqetative wind brub at wiJHiward Plmming side(s) of c:cnstruc:timl iIZUS. Division . suspend exc:avaaon IInd grading activity when.winds (iNamtmeOUS pl$) e:xceed. 2S mi1e!5 P\lt hour. Umit the am subject to exc:avatian. pding and other c:onstnu:tian activitv' ae any one time. 11. The pro;cc:tproponent shall provicl.e a fire flow De~eloper Gilroy . tut to verify that suffidC\t me flow is available - Engineering for ccnNftuc:W/izldustrlallmd me subj<<t to Division review and approval'by Oty :Engineering Division prior to Wwmcc of a buildi:ng 'Pemlil I I I [J I I I I I I I Il I I , I EMC PlarmUtg Group inc. RtmU: Depot MitlptXm MlmitDI ing Pf'Opam A..8 I' . . 12. Th. proi-a proponent shall retain the setYices Developer Sanra Clara of a qualiiied envtromnental testing campat\y County Dept. to c:o.t1ect and tItSt random soil sampJes for of Health ;snalysis of pet:ro1emn hydroarbot1S. i.ncluding diesel fuel. in the followmg areas of the project site: . vidNty of the waste oil W\k (Mussallc:n propertY); . vicinity of abanc:loneU. trucks and debris piles (M&.Wallem prgpe.~y); and . vicinity of septic system (Mussl1llem prgperty); . northem md southern bounchries of the Tang property - The environmental c:cmsultant shall comply with all regulations governing sampling tnetnodo1ogies, shipping :and handling proceciuza, mui ~g methodologies. lhe analysill aha11 eomply with the plannad. schedule and analytial proceciures far providing the wonnation specifi~.in the State of California :EnvUoN:ncntal Prctection Agenc:y Department of ToxU:: Substa1'\c:es Control's p~ Endangennent Ml4!5SmG\t {PEA). Valic1ated data shall be submitted to the Santa . Clara County Departz:nent Df HnJ.th, the SantA Clara V.uey Water District, and the State of Calliomia Eztvircmru:ntal Protection Agc\C:Y Department of Toxic Sub~tanc:es Cantrel for review ~rior to issuance of Il building pen:nit. In the event that contamination is discovered. affected soils sbal1 be temovec1 in c:ompllance . with all federal and state regulations goveming clean-up proceciures and disposal of hazardous tnaterials. Clean-up shall be certified as complete by the Santa Clara County Department of Health and the Santa Clara Valley Watl!r District. EMC PlImning GTD1lp Inc. Htm'I~ DqJot Mingatian Monitl1ri7rg Pn:1grtlm A.:.9 . 13. Due to the possibility that significant buried cWtural ~ miSht be found during constructian. the following lmpp shall be mc:lud.ed in BnY peal\i1S issuec:l fer the project site. inc:lud2ng. but not liJNlad = building pemdts for ttua futuze deve1opnumt. pmsuant to the nMlIW and app=val of the G.il:oy Plua1ing Division: Rtf archMolagial resources Dr human rm:naiN are discowred during consUUd::ian, work shall be halted at a D'\itUmum of 200 feet from the find and. . the area shall be staked off. The project . developer shall notify the c:aroner Dr a the Directar at t:he Archaeological RegiorW Research Center. If the find i& detmmined to be significmt. appropriate mitigat::iOn tnellS1.1ftS shall be formulated. and implemented." DeveIapc fMC PUm71i71g GrtlIlp Inc. R~ Depot MitiglltUm Mr1ftjtoriJllg Pl ~,4,n - Gilroy PlamUng Division II I I I I I I I I I I I I I I I I I A-IO I . . I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached Resolution No, 98-60 is an original resolution, duly adopted by the Council of the 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. ~K~~ City Clerk of the City of Gilroy (Seal)