Resolution 2000-17
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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.
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Resolution 2000-17
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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.
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Resolution 2000-17
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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.
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Resolution 2000-17
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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
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\:/J{P'k''- !J:~A~
Rhonda Pellin, City Clerk
. Community~evelopment D'part;~~t
Planning Division
Staff Report
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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
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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.
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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.
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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.
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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.
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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:
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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,
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William Faus
Planning Division Manager
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EXHIBIT B
Home Depot EIR
Summary
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Avoidable Significant Environmental Impacts
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Geology .
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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.
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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.
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With implementation of these mitigation measures, significant adverse environ-
mental impacts related to geology will be reduced to a less than significant level.
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Surface Water
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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.
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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.
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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.
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Home Depot EIR
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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
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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
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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:
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. 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.
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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
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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.
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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
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· 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.
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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.
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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
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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)