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Resolution 2001-66 RESOLUTION NO. 2001-66 A RESOLUTION OF THE CITY COUNCIL OF GILROY APPROVING AlS 01-02, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) ON APPROXIMATELY 0.29 ACRES, APN 835-04-063. WHEREAS, Alamo Group ("Applicant") submitted AlS 01-02, an application for architectural and site approval of a Planned Unit Development ("PUD") to construct an approximately 13,000 square foot commercial building in the Alamo Plaza shopping center on approximately 0.29 acres, located at 8687 and 8697 San Ysidro Avenue; and WHEREAS, the Planning Commission held a duly noticed public meeting on September 6, 2001, at which time the Planning Commission considered the public testimony, the Staff Report dated August 31, 2001 ("Staff Report") and all other documentation related to AlS 01-02 and recommended that the City Council certify the Environmental Impact Report ("EIR") pursuant to the California Environmental Quality Act ("CEQA"), and approve AlS 01-02; and WHEREAS, the City Council held a duly noticed public meeting on September 17, 2001, at which time the City Council considered the public testimony, the Staff Report and all other documentation related to application AlS 01-02; and WHEREAS, pursuant to CEQA, the City Council reviewed the Final EIR prepared for this project, and the City Council adopted the mitigation measures and required findings, all as set forth in Resolution No. 2001-65; and WHEREAS, pursuant to CEQA, a MitigationIMonitoring Program has been proposed for the proj ect; 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 \CDS\529218.1 02.092404706002 -1- RESOLUTION NO. 2001-66 City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council hereby adopts the findings as required by Zoning Ordinance section 50.55, set forth at pages 5 and 6 of the Staff Report along with the facts supporting these findings, based upon substantial evidence in the record. B. A/S 01-02 should be and hereby is approved subject to: 1. The twenty (20) conditions attached hereto as Exhibit A and incorporated herein by this reference. 2. The six (6) mitigation measures set forth in the Mitigation Monitoring Program, attached hereto as Exhibit B and incorporated herein by this reference. PASSED AND ADOPTED this 1st day of October, 2001, by the following vote: NOES: COUCILMEMBERS: G. ARELLANO, P ARELLANO, MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER NONE AYES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE APPROVED: ~~ ATTE~'f: ~: (" / - L-f) iLJ( t:-- J~-:"" Rhond Pellin, City Clerk ICDS1529218.1 02-092404708002 -2- RESOLUTION NO. 2001~6 E;( h,.' b; t ;t ALAMO PLAZA FINAL CONDITIONS OF APPROVAL Planninl! Division (contact Melissa Durkin at 846-0440) 1. This project shall be subj ect to Mitigation Measures 1 through 6 contained within the Alamo Plaza Expansion Draft EIR, 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 landscape plan. This shall be subject to the review and approval of the Planning Division. 3. All landscaped areas adjacent to parking and/or paved areas shall be separated by raised protective curbing to meet minimum City standards. This shall be subject to the review and approval of the Planning Division. 4. 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 ofthe 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. Concrete aprons shall be constructed in front of the trash enclosures. This is subject to the review and approval of the Planning Division. 5. 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, subject to review and approval by the Planning Division. NS 01-02 Final Conditions of Approval 2 09/18/01 6. 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. 7. All proposed signage shall be subject to Planning Division approval. Signs delineated on the submitted elevations are not approved. 8. Building colors shall match the buildings north and south of the proposed building, as delineated on the architectural plans. Enl!ineerinl! Division (contact Kristi Abrams or Don Nunes at 846-0440) 9. All utilities to, through, and on the site shall be constructed underground, in accordance with Municipal Code Section 21.120, subject to the review and approval of the Engineering Division. 10. All improvements are to be done per City of Gilroy Standards, subject to the review and approval of the Engineering Division. 11. All grading operations and soil compaction activities shall be per the approved soils report and shall meet with the approval of the City Engineer. Grading plans shall show grades of all adjacent properties, and shall be subject to the review and approval of the Engineering Division. 12. A Public Use Easement for the signal at this site shall be recorded prior to the Building final. 13. 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, 14. Backflow devices must be provided, subject to the review and approval of the Water Division. Fire Department (contact Rodger Maggio at 846-0430) 15. Fire sprinklers are required for this building. 16. The location of project hydrants must be approved by the Building, Life and Environmental Safety Division. Provide a minimum fire flow of 1500 GPMI 2 hours within 150 feet of all buildings, NS 01-02 Final Conditions of Approval 3 09/18/01 Chemical Control Division (contact Jacqueline Bretschneider at 846-0430) 17. A clarifier is required for all food and cleaning-related wash water discharge. The clarifier is to be sized and designed to meet Chemical Control Division standards. 18. The applicant shall apply for an Industrial Wastewater Discharge Permit. 19. The applicant shall place arbors over this project's trash enclosures, in compliance with City codes, In addition, the applicant shall plant Boston ivy next to both trash enclosures. This condition shall be subj ect to the review and approval of the Planning Division. 20. The signage for all driveway entrances and exits shall be enhanced, so that they are clearly marked and are visible from San Ysidro Avenue. This condition shall be subject to the review and approval of the Planning Division. ~ . . . . I . . I Mitigation Monitoring Program for Alamo Plaza Expansion Introduction . . 1. The Gilroy Community Development Department should be responsible for coordination of the monitoring program, including the monitoring checklist. The Community Development Department should be responsible for completing the monitoring checklist and distributing the checklist to the responsible individuals or agencies for their use in monitoring the mitigation measures. CEQA Guidelines section 15097 requires public agencies to adopt reporting or monitoring programs when they approve projects subject to an environmental impact report or a negative declaration that includes mitigation measures to avoid significant adverse environmental effects, The reporting or monitoring program is to be designed to ensure compliance with conditions of project approval during project implementation in order to avoid significant adverse environmental effects. The law was passed in response to historic non-implementation of mitigation measures presented in environmental documents and subsequently adopted as conditions of project approval. In addition, monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures. A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measure's compliance, This monitoring program is designed to provide a mechanism to ensure that mitigation measures and subsequent conditions of project approval are implemented. . Monitoring Program . The basis for this monitoring program is the mitigation measures included in the project environmental impact report. These mitigation measures are designed to eliminate or reduce significant adverse environmental effects to less than significant levels. These mitigation measures become conditions of project approval, which the project proponent is required to complete during and after implementation of the proposed project. . . The attached checklist is proposed for monitoring the implementation of the mitigation measures. This monitoring checklist contains all appropriate mitigation measures in the environmental impact report. I Monitoring Program Procedures . The City of Gilroy shall use the attached monitoring checklist for the proposed project. The monitoring program should be implemented as follows: . I Alamo Plaza ExpanSion Mitigation MOnItoring Program t::..J(kbt" '6 Alamo Plaza Expansion Mitigation Monitoring Program 2 2. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring checklist have been complied with. Once all mitigation measures have been complied with, the responsible individual or agency should submit a copy of the monitoring checklist to the Community Development Department to be placed in the project file. If the mitigation measure has not been complied with, the monitoring checklist should not be returned to the Community Development Department, 3, The Gilroy Community Development Department will review the checklist to ensure that appropriate mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with at the appropriate time, e.g, prior to issuance of a use permit, etc. Compliance with mitigation measures is required for project approvals. 4. If a responsible individual or agency determines that a non-compliance has occurred, a written notice should be delivered by certified mail to the project proponent within ten days, with a copy to the Community Development Department, describing the non-compliance and requiring compliance within a specified period of time. If a non-compliance still exists at the expiration of the specified period oftime, construction may be halted and fines may be imposed at the discretion of the City of Gilroy, I I Prior to approval of the site plan the following mitigation measures shall be implemented: I Mitigation Measure Number I I I I I I I I I I I I I I I Nature of Mitigation Measure The project proponent shall prepare a landscape plan for the proposed project, consistent with the provisions of the Consolidated Landscape Policy, to include a row of shrubs or trees along the western edge of the project site that can be expected to reach a mature height of 15 to 20 feet, planted at least 20 feet on center. The landscape plan shall be submitted, subject to review and approval by the Planning Division, and prior to approval of the site plan. Alamo Plaza Expansion Mitigation Monitoring Checklist I Party Responsible for Implementation Applicant Party Responsible for Monitoring Gilroy Planning Division 3 Prior to approval of demolition or grading permits, or demolition or grading activity, the following mitigation measures shall be implemented: Mitigation Measure Number 3 4 Nature of Mitigation Measure The project proponent shall specify in project plans the implementation of the following dust control measures during grading and construction activities for the proposed project. The measures shall be implemented as necessary to adequately control dust: 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 t\\'o feet of freeboard; Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets; Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.); Limit traffic speeds on unpaved roads to 15 mph; Install sandbags or other erosion control measures to prevent silt runoff to public roadways; and Replant vegetation in disturbed areas as quickly as possible. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included on any permits issued for the project site, including, but not limited to building permits for future development, subject 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 a qualified professional archaeologist. If the Alamo Plaza Expansion Mitigation Monitoring Checklist Party Responsible for Implementation Applicant Applicant Party Responsible for Monitoring Gilroy Planning Division Gilroy Planning Division 4 I II find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. I 5 In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 15064.5(e): II II If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American, The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for meanS of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98, The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. I II II I . . . 6 The following language shall be included on ail permits issued at the project site, subject to review and approval of the City of Gilroy Engineering Division. "All construction activities shall be limited to the weekdays between 7:00 AM and 7:00 PM, and to Saturdays and City holidays between 9:00 AM and 7:00 PM. No construction is allowed on Sundays," . [I . I I I I Alamo Plaza Expansion Mitigation Monitoring Checklist '11'"""'" Applicant Applicant Gilroy Planning Division Gilroy Planning Division 5 Prior to occupancy of the proposed project, the following mitigation measure shall be implemented: Mitigation Measure Number 2 Nature of Mitigation Measure Subject to the review and approval of the Planning Division project plans shall include the following improvements, to be implemented prior to occupancy of the proposed project: A sidewalk compliant with the Americans with Disabilities Act. directly connecting the proposed buildings with San Ysidro Avenue, the adjoining building at Alamo Plaza and the adjoining outlet center. It is suggested that the sidewalk connecting to the existing Alamo Plaza buildings be located within the second parking row from the western property boundary to connect to the handicap parking spaces near the existing building; A minimum of two employee bicycle lockers; A minimum of three bicycle racks on the apron in front of the proposed buildings, at least two of which shall be located ro the front of the proposed buildings. Bicycle lockers and racks shall be consistent with the Santa Clara VTA Bicycle Technical Guidelines. Alamo Plaza Expansion Mitigation Monitoring Checklist Party Responsible for Implementation Applicant Party Responsible for MonitOring Gilroy Planning Division 6 I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached Resolution No. 2001-66 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 1st day of October, 2001, 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 lIth day of October, 2001. // ..~ . ~ ' . / ~'4~ (Seal)