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Resolution 2000-17 . . RESOLUTION NO. 2000-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AlS 00-02 (PUD), AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) TO ALLOW FOR THE CONSTRUCTION OF A 7,984-SQUARE-FOOT TIRE SHOP WITHIN A LARGER PUD PROJECT SITE APNS 835-04- 019,835-04-047, 835-04-048. WHEREAS, America's Tire Company ("Applicant") submitted AlS 00-02, an application for architectural and site approval of a planned unit development ("PUD") to allow for the construction of a 7,984-square-foot tire shop, located at 8820 San Ysidro Avenue, between Leavesley Road and Las Animas Avenue; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council in October, 1998, certified an Environmental Impact Report (EIR) with 14 mitigation measures in connection with this project; and WHEREAS, the Planning Commission reviewed application AlS 00-02 at its duly noticed public meeting on March 2, 2000, and recommended that the City Council approve AlS 00-02 with 15 conditions; and WHEREAS, the City Council held a duly noticed public meeting on March 20, 2000, at which time the City Council considered the public testimony, the Staff Report dated February 24, 2000, and all other documentation related to application AlS 00-02; 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. IGMB\474790.1 01,032204706002 -1- Resolution 2000-17 . . NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council hereby adopts the following findings as required by Zoning Ordinance section 50.55 based upon substantial evidence in the record: 1. The project conforms to the Gilroy General Plan in terms of general location and standards of development as shown in the section of this report titled "Conformance ofthe Request with the General Plan." 2. The project will provide a tire shop for the convenience of patrons of Gilroy's other regional serving business, as well as the local community and therefore fulfills a specific need of the surrounding area. 3. Urban services are available at the project site. 4. The project plan provides a harmonious, integrated plan and complies with the original PUD approval. 5. The project will continue the pattern of development along San Ysidro Avenue, which is both an economical and efficient use ofland. 6. This shopping center provides landscaping on 9.5% of the project site, rather than the minimum requirement of 8%. 7. The proposed building will blend with the colors and character of the existing buildings in the shopping center. 8. All impacts from traffic congestion, noise, and other adverse effects will be mitigated to the extent feasible; and 9. The project provides adequate access, parking, landscaping, trash areas and storage. \GMBI474790.1 01-D32204706002 -2- Resolution 2000-17 . . B. A/S 00-02 should be and hereby is approved subject to: 1. The fifteen (15) conditions set forth in the revised Staff Report dated February 24, 2000, attached hereto as Exhibit A and incorporated herein by this reference, and three (3) additional conditions which shall read in their entirety as follows: Condition 16. The roof shall have a gable to match the outlet malls, subject to the review and approval of the Planning Division. Condition 17. The applicant shall add a clock (with hands) on the center of the west side of the building, subject to the review and approval of the Planning Division. Condition 18. The landscaping plans shall include trellises, subject to the review and approval of the Planning Division. \GMB\474790.1 01,032204706002 -3- Resolution 2000-17 \GMBI474790.1 01,032204706002 -4- Resolution 2000-17 . . 2. The 14 mitigation measures contained in the Environmental Impact Report, which mitigation measures are attached hereto as Exhibit B and incorporated herein by this reference. PASSED AND ADOPTED this 3'd day of April, 2000, by the following vote: AYES: COUNCILMEMBERS G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO SUDOL, VELASCO SPRINGER NONE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE APPROVED: (11,TYl---- c",/Y' Thomas W. Springer, Mayor ~;t ,) \:/J{P'k''- !J:~A~ Rhonda Pellin, City Clerk . Community~evelopment D'part;~~t Planning Division Staff Report ;:"" February 24, 2000 File Number: AlS 00-02 - Planned Unit Development Applicant: America's Tire Company (c/o Irwin G. Pasternack A.I.A.) Location: 8820 San Y sidro A venue, between Leavesley Road and Las Animas A venue (Home Depot shopping center) Staff Planner: Melissa Durkin REOUESTED ACTION: Planned Unit Development Architectural and Site Review approval of a 7,984 square foot tire shop. DESCRIPTION OF_PROPERTY: Parcel Numbers: Parcel Size: Flood Zone: 835-04-019, -047, and -048 0.79 acres "X," Panel # 0603400002D, Panel Date: 8/17/98 STATUS OF PROPERTY: Existine: Land Use Home Depot Shopping Center General Plan Desi=tion Ind. Park/Gen. Servo Com. Zonine: MI, C3-PUD STATUS OF SURROUNDING PROPERTY: Existine: Land Use N: Agricultural S: Undeveloped E: Agricultural W: Retail Com./Undev. General Plan Designation Industrial Park General Services Commercial Rural Residential Ind. Park/Gen. Servo Com. Zoning County Ag. C3-PUD County Ag. MIIC3-PUD NS 00-02 - PUD . 2 . 02/24/00 CONFORMANCE OF REOUEST WITH GENERAL PLAN: The proposed project conforms to the land use designation for the property on the General Plan map, and is consistent with the intent of the text of the General Plan document. This project conforms to the policies of Gilroy's General Plan. The following examples demonstrate this compliance: POLICY V-ll "New commercial uses will be encouraged to group into clustered areas or centers containing professional offices, retail sales and services. These uses will not be pennilled to occur in a strip form of development (shallow depth, linear form). " The proposed project is in conformance with this policy, because this project is located within an existing shopping center. In addition, the site is surrounded by commercial property to the south and west, and is in an area of the City that is designated for regional-serving commercial uses. POLICY V-12 "Commercial uses will be clustered at the intersection of major thoroughfares." The proposed project is in conformance with this policy, because a Collector (San Ysidro Avenue) borders this site, and feeds into another Collector (Las Animas Avenue) and an Arterial (Leavesley Road). In addition, U.S. Highway 101 is directly to the west of this site. ENVIRONMENTAL IMPACTS: ENVTRONMENTALTIMPACTREPORT . An Environmental Impact Report (ErR) was prepared for this project under Planned Unit Development Architectural and Site Review application NS 98-24. The EIR identified the following unavoidable significant adverse impacts: 1. Soils - The proposed project would result in the conversion of approximately 15 acres of prime agricultural land to non-agricultural land uses. There are no mitigation measures available to reduce this impact to a less than significant level. Therefore, the impact is considered an unavoidable significant adverse environmental impact. 2. Air Quality - Vehicle emissions resulting from operations of the proposed project will exceed the BAAQMD thresholds for ROO, CO, and NOx' A mitigation measure has been presented in Section 2.6 of the EIR requiring the project proponent to prepare an emissions reduction plan. However, even with the implementation of an emissions reduction plan, the operations air quality impacts will not be reduced to a less than significant level. Therefore, the impact is considered an unavoidable significant adverse environmental impact. AJS 00-02 - POO . . 3 02/24/00 3. Traffic - Several street segments will fall below City level of service standards with implementation of the proposed project. 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. There are no feasible mitigation measures available to reduce this impact to a less than significant level. Therefore, the impact is considered an unavoidable significant adverse environmental impact. The City Council passed a Statement of Overriding Considerations for this project. In addition, the Council found that City staff independently reviewed the Environmental Impact Report and that it reflected the independent judgement of the City of Gilroy (as lead agency). The Council certified the EIR with 14 mitigation measures. PREVIOUS APPROVALS: CUP 98-03: In September 1998, the Planning Commission approved this Conditional Use Permit to allew a building material sales establishment on this site. V 98-08: In September 1998, the Planning Commission approved this variance to allow additional building and freeway-oriented signage on this site. A/S 98-24 (Planned Unit Development) In October 1998, the City Council approved this Planned Unit Development Architectural and Site Review for 161,812 square feet of commercial space and the design of this shopping center. ANALYSIS OF REOUEST: America's Tire Company is requesting Planned Unit Development (POO) Architectural and Site approval to construct an 8,000:1: square feet tire shop located in an existing shopping center that includes a building material sales business and an office supply establishment. This site previously received PUD Architectural and Site approval for the overall development of the shopping center. Site access, infrastructure improvements, and the provision of parking and landscaping were reviewed during the original PUD approval. The current request is a review of the architectural design of the proposed tire facility and compliance with the original POD approval. The America's Tire Company building will be constructed with a stucco exterior complemented by decorative accent bands, split-face concrete wainscoting, and decorative accent tiles. The building will have a flat roof that has been enhanced by the addition of parapets with cornice ends. The office portion of the building will be set apart from the remainder of the building by the addition of a glass storefront. All roll-up doors will face the eastern property boundary so that they will not be visible from either San Ysidro Avenue or Highway 101. The building colors will be variations of beige and will complement The Home Depot structure already constructed on this site. AlS 00-02 - POO . 4 . 02/24/00 P ARKlNG . The overall parking provided on site is as follows: USE Outdoor Garden Center SO.FT. PARKING STD. PK. REO'D 105,700 1/250 423 24,072 1/250 96 3,200 Iii 00 & 8 shift employees 40 7,984 1/400 20 24,208 1/250 97 The Home Depot Restaurant Pad America's Tire Co. Staples Total Parking Required: Total Parking Provided: Difference: 676 Stalls 705 Stalls 29 stalls over the minimum reQuirement The proposed parking plan for this shopping center exce~ds minimum City standards. SETBACK EXCEPTION The applicant is proposing to use the Planned Unit Development approval process to request an exception to the front yard setback requirement in this development. The Zoning Ordinance requires a minimum 30-foot front yard setback for properties in the C3 zoning district. The applicant is proposing to provide an approximate 25-foot setback for the majority of this structure, due to the fact that the front yard property line parallels a Valley Transportation Authority bus duck-out. The construction of the duck-out required the applicant to dedicate an additional 12:: feet of right-of-way along San Ysidro Avenue for the length of the duck-out. Although the proposed setback is not in strict compliance with the Zoning Ordinance, Staff does not believe it will negatively impact this site. This is because the building will have the same setback from San Y sidro A venue that it would have had if the duck-out had been located elsewhere along this property line. Staff recommends that in exchange for allowing the applicant to reduce this setback, the applicant should be required to heavily landscape the area in front of the building where the setback is less than 30 feet. The proposed tire shop and associated parking and landscaping are located entirely within a building pad that was planned in the original PUD approval. The shopping center entrances, landscaping, and on-site circulation patterns will be unaffected by the development of this tire shop, and the proposed structure is consistent with the original POO approval. If the proposed tire shop is approved, this shopping center will have only one restaurant pad remaining until it is completely developed. Entrances to this shopping center are provided from San Y sidro A venue. AlS 00-02 - PUD . 5 . 02/24/00 FINDINGS: In order to grant Plarmed Unit Development (PUD) approval, the Plarming Commission and City Council must find that the proposed Plarmed Unit Development will: A. Conform to the Gilroy General Plan in terms of general location and standards of development; B. Provide the type of development which will fill a specific need of the surrounding area; C. Not require urban services beyond those which are currently available; D. Provide a harmonious, integrated plan which justifies exceptions, if such are required, to the normal requirements of this ordinance; E. Reflect an economical and efficient pattern of land uses; F. Include greater provisions for landscaping and open space than would generally be required. G. Utilize aesthetic design principles to create attractive buildings and open space areas that blend with the character of surrounding areas; H. Not create traftlc congestion, noise, odor or other adverse effects on surrounding areas; and 1. Provide adequat~ access, parking, landscaping, trash areas and storage, as necessary. STAFF RECOMMENDA nON: . Staff recommends that the Planninl! Commission recommends APPROVAL of the proposed Architectural and Site Review based on the followinl! findinl!s: A. This project conforms to the Gilroy General Plan in terms of general location and standards of development as shown in the section of this report titled "Conformance of the Request with the General Plan." B. The proposed project will provide a tire shop for the convenience of patrons of Gilroy's other regional serving business, as well as the local community and therefore fulfills a specific need of the surrounding area. C. Urban Services are available at this site. D. The plan is harmonious and integrated and complies with the original PUD approval. E. The proposed project will continue the pattern of development along San Y sidro Avenue, which is both an economical and efficient use of land. AlS 00-02 - PUD . 6 . 02/24/00 F. This shopping center provides landscaping on 9.5% of this site, rather the minimum requirement of8%. G. The proposed building will blend with the colors and character of the existing buildings in this shopping center. H. All impactsJrom traffic congestion, noise, and other adverse effects will be mitigated to the extent feasible; and 1. Adequate access, parking, landscaping, trash areas and storage have been provided. Staff further recommends that the approval of this application be subject to the following conditions: 1. All fourteen ( 14) MITIGATION MEASlJRES contained within the EIR for this development 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 Plar,ning 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 landscape plan. 3.. All landscaped areas adjacent to parking and/or paved areas shall be separated by a raised 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. 6. The applicant shall revise the proposed landscaping plan to provide heavy landscaping, including trees at least 24-inch box in size, infront of the area of the building where the setback is less than 30feet. This shall be subject to the review and approval of the Planning Division. 7. 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: AlS 00-02 - PUD . 7 . 02/24/00 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 coritainers to allow for the collection and loading of recyclable materials generated by the development project should be located within the recycling area. 8. 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. 9. 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 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. 10. Building colors shall be earth tones subject to Planning Division approval. 11. The developerlapplicant 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. 12. Off-site street improvements shall be subject to review and approval by the EngineeriI'g Division. 13. A grading plan must be provided subject to the review and approval of the Engineering Division. 14. Backflow devices must be provided, subject to the review and approval of the Water Division. 15. All proposed signage shall be subject to Planning Division approval. Signs delineated on the submitted plan are not approved. Respectfully, ~19~ ~ William Faus Planning Division Manager I . . EXHIBIT B Home Depot EIR Summary J Avoidable Significant Environmental Impacts ! Geology . I Impacts Due to the proximity of three active faults, the project site may experience severe groundshaking from a large magnitude earthquake within the usable lifetime of any future buildings constructed on the project site. Potential damage suffered by any structures on the project site, in the event of an earthquake, is considered to be a significant adverse environmental impact. I I 1 Mitigation Measures 1. The proposed project shall be designed in accordance with earthquake design regulations of the Uniform Building Code. Final development plans for the proposed project shall be subject to review and approval of the City Building Department prior to issuance of a building permit. The proposed project shall conform to the Uniform Building, Plumbing, and Mechanical Codes, the National Electrical Ccide, and the handicap and energy regulations in Title 24 of the California Building Code, subject to review and approval of the City Engineering and Planning Division prior to issuance of a building permit. J J 2. J 1 With implementation of these mitigation measures, significant adverse environ- mental impacts related to geology will be reduced to a less than significant level. ] Surface Water t J Impacts Implementation of the proposed project will create impervious surfaces on the project site resulting in an increase in the amount of surface water run-off generated by a storm event on and off the project site. Without adequate sizing of the proposed storm drain system or enlargement of the existing system, flooding at or above the lO-year storm event can be expected on the project site. This is considered a significant adverse environmental impact. 1 , Due to concentrations of pollutants which are typically associated with commercial/industrial development, the proposed project could create significant adverse impacts associated with downstream pollution. EMC Planning Group Inc. iii . . Home Depot EIR Summary Mitigation Measures 3. Prior to development of the proposed project, the project proponent shall be required to submit a detailed storm drainage improvement plan for the overall project site and construct improvements specified in the plan. The plan shall include design and specifications for the on-site storm drainage system and all off-site storm drainage improvements. The type, size, and location of all infrastructure improvements shall be determined by the Engineering Division prior to issuance of a building permit. The plan shall include, but not be limited to, the following: a. Construction of a storm drain pipe along San Ysidro Avenue from the Las. Animas Avenue/San Ysidro Avenue intersection to the existing 42-inch storm drain connecting to the Ronan Channel; and b. Design and analysis of the drainage facilities shall be in accordance with the City of Gilroy's Standards and Standard Specifications. 4. The project proponent shall implement applicable storm water source and treatment-based best management practices as recommended in the California Storm Water Best Management Practice Handbooks. This may include construction of oil and grease separators in the storm drainage improvements. In addition, annual maintenance of oil and grease separators shall be required. Plans for this action shall require approval of Engineering Division prior to issuance of a grading permit. 5. The project proponent shall provide a periodic sweeping program for proposed roadways, driveways, and parking areas on the project site. Plans for this action shall require approval of the Engineering Division prior to issuance of a grading permit. With implementation of these mitigation measures, significant adverse environmental impacts related to hydrology will be reduced to a less than significant level. Traffic and Circulation Impact The Highway 101 Southbound 101 ramps/Leavesley Road intersection drops from LOS C to LOS D during a Saturday peak hour with implementation of the proposed project. This is considered a significant adverse environmental impact. Implementation of the following mitigation measure will reduce the impact to a less than significant level. iv EMC Planning Group Inc. "] J iJl i ~ ~ III I. I I J I Home Depot EIR . . Summary Mitigation Measure 6. The project proponent shall convert the southbound Highway 101 off-ramp shared through-right lane to a shared left-through-right lane during Saturday peak hours using special traffic signs. This intersection shall be monitored after implementation. Design and implementation of this improvement shall be verified by the City Engineering Division, prior to issuance of a building permit. Impact The San Ysidro Avenue/Leavesley Road drops from LOS D to LOS F with implementation of the proposed project. This is considered a significant adverse environmental impact. There are no feasible mitigation measures to bring the level of service back to City standards. With implementation of the following mitigation measure the level of service can be improved to the existing LOS D which will reduce the impact to a less than significant level. Mitigation Measure il 7. The project proponent shall add one additional lane at the northbound and westbound approaches at the San Ysidro Avenue/Leavesley Road intersection. Design and implementation of this improvement shall be verified by the City Engineering Division, prior to issuance of a building permit. Impact . . Internal circulation and access to the project site will cause additional traffic impacts on San Ysidro Avenue. This is considered an adverse significant environmental impact. Implementation of the following mitigation measures will reduce the impact to a less than significant level. Mitigation Measure 8. The project proponent shall revise the site plan to address the following: II , 1 .. 1 . Align the driveways of the proposed project and the Office Max across San Ysdiro Avenue, shifting the two southernmost driveways to the north. This would allow the creation of a main signalized entrance at the southernmost driveway. . Shift the restaurants to the north and relocate some of the parking to the southwest comer of the project site. This is necessary in order to realign the driveways at the project site. EMC Planning Group Inc. v Summary . . Home Depot EIR The site plan shall be revised prior to issuance of a building permit and is subject to review by the City Engineering Divison. 9. The project proponent shall prepare an on-site improvements plan which shall include the following measures: . Place a carefully timed 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, through lane on San Ysidro Avenue. . 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 face of curb to face of curb roadway with frontage improvements (sidewalks, landscaping etc.) within a 84 foot right-of-way in front of the project site. The curb lanes should be 14 feet wide, while the other three lanes should be 12 feet wide. These frontage improvements should also be made on the Koda/Ninomaya property to the south to provide a better 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. The improvement plans shall be prepared prior to issuance of a building permit, subject to review and approval by the City Engineering Division. . Air Quality Concerns Impact-Project Operation The emission levels for CO, ROG and NOx for the project site exceed the BAAQMD standards for new commercial development projects. The following mitigation measure is presented to reduce this impact. However, there are no feasible mitigation measures available to reduce this impact ,to a less than significant level. Therefore, this impact is considered an unavoidable significant adverse impact. Mitigation Measure 10. 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 vi EMC Planning Group Inc. ,J .1 1 I II . -, I I ..- ,. .. '....... ',' ~ ~ tI I~ II I." '""'- Home Depot EIR . . Summary 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 vanpool 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. Impact - Project Construction.. The BAAQMD has identified a set of feasible control measures for construction emissions of PMlO. These control measures are applicable to construction sites that are large in area, and located near sensitive receptors, i.e., residential neighborhoods. Lack of feasible control measures could result in a significant adverse air quality impact. Implementation of the following mitigation measure will reduce this impact to a less than significant level. Mitigation Measure 11. 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. EMC Planning Group Inc. vii -j 'J J . It ;I 1 I I J !I I .I I '. '. . I Home Depot EIR . . Summary Mitigation Measures 12. The project proponent shall provide a fire flow test to verify that sufficient fire flow is available for commercial/industrial land use subject to review and approval by the City Engineering Division prior to issuance of a building permit. Hazardous Materials Impact The detrimental effects of hazardous wastes on human health and the environment have been well documented throughout recent history. In order to insure the safety of both the surrounding environment and future users of the project site, it is important to determine whether contamination exists on the proposed project site. As stated above, two tanks, a waste oil tank and a diesel tank, were discovered to be leaking on the project site by the CCD in 1991. Although the spill surrounding the diesel tank was cleaned up, the spill around the waste oil tank was never attended. Although the diesel tank and the waste oil tank have been removed the potential exists for soil contamination in addition to that already removed from this project area. Additional contamination may be present in the debris piles located on the northern border of the Mussallem property and around the existing structures. This is considered a significant adverse environmental impact. Mitigation Measure 13. 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); · vicinity of abandoned trucks and debris piles (Mussallem property); and . vicinity of septic system (Mussallem property); . the Tang property. The environmental consultant shall comply with all regulations governing sampling methodologies, shipping and handlingprocedures, and testing methodologies. The analysis shall comply with the planned schedule and analytical procedures for providing the information specified in the State of California Environmental Protection Agency Department of Toxic Substances Control's Preliminary Endangerment Assessment (PEA). Validated data shall be submitted to the Santa Clara County Department of Health, the Santa Clara Valley Water District, and the State of California Environmental f t. EMC Planning Group Inc. ix Summary . . Home Depot EIR · 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. · 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 side(s) of construction areas. · Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour. Limit the area subject to excavation, grading and other construction activity at any one time. Public Services: Water Impact The existing 12-inch water line was determined to be adequate for proposed future development on the project site. The project proponent is required to pay the appropriate water development fees subject to review by the City Engineering Division and is required to designate all water utilities per the City's General Plan. The project proponent is also required to reimburse the Columbia/South Valley Intercommunity Hospital for improvements made by the hospital per the Development Agreement by and between the City and the hospital dated May 11, 1987. Therefore, development on the project site will not create a significant adverse environmental impact to water service. To ensure adequate water service, the following mitigation measure is recommended. viii EMC Planning Group Inc. ,. . . Summary Home Depot EIR . Protection Agency Department of Toxic Substances Control for review prior to issuance of a building permit. 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. Implementation of this mitigation measure will assist in reducing the project-related impacts from hazardous materials to a less than significant level. . x EMC Planning Group Inc. I II II II II . . .. II .. II 1'1 . II .. I I Cultural Resources Impact Based upon background research and a field reconnaissance conducted by Archaeological Consulting, Inc., for the 1994 EIR, it was concluded that the project area does not contain any known significant cultural resources. However, because unidentified buried cultural resources may be found during future construction on the project site, a standard mitigation is recommended in the event of a significant cultural resource discovery. Mitigation Measure 14. Due to the possibility that significant buried cultural resources might be found during construction, 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, pursuant to the review and approval of the Gilroy Planning Division: "If archaeological 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 or a the Director of the Archaeological Regional Research Center. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented." Upon implementation of this mitigation measure, this potentially significant adverse environmental impact on archaeological resources wotild be reduced to a less than significant level. Alternatives Pursuant to section 15126(d) of the California Environmental Quality Act (CEQA), an EIR must contain a discussion of feasible alternatives to the proposed project that could reduce or eliminate any significant adverse environmental impacts associated with the proposed development. Four alternatives to the proposed project were I' . . I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached Resolution No, 2000-17 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 3rd day of April, 2000, 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 27th day of April, 2000. "KEL^ e~ City Clerk of the City of Gilroy (Seal)