Resolution 2002-12
RESOLUTION NO. 2002-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING A/S 01-89, AN APPLICATION FOR
ARCHITECTURAL AND SITE APPROVAL OF A PLANNED
UNIT DEVELOPMENT (PUD) ON APPROXIMATELY 4,740
SQUARE FEET, APN 835-04-075.
WHEREAS, El Amigo Restaurant, the applicant, submitted A/S 01-89, an application for
architectural and site approval of a Planned Unit Development ("PUD") for the review of a
restaurant on approximately 4,740 square feet, located at 8800 San Y sidro Avenue; and
WHEREAS pursuant to the California Environmental Quality Act (CEQA), the City Council
made and adopted a Statement of Overriding Consideration in connection with a previous project
(A/S 98-24, Home Depot Shopping Center, "Site") regarding the significant and unavoidable
impacts and the anticipated benefits of the Site, and the City Council previously certified the
Environmental Impact Report ("EIR") for the Site with 14 mitigation measures; and
WHEREAS, the Plarming Commission held a duly noticed public meeting on February 7,
2002, at which time the Plarming Commission considered the public testimony, the Staff Report
dated January 25,2002 ("Staff Report"} and all other documentation related to application A/S 01-
89, and recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public meeting on February 19,2002, at
which time the City Council considered the public testimony, the Staff Report and all other
documentation related to application A/S 01-89; 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.
ICDS1544365.1
04-022004706002
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Resolution No. 2002-12
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 4 and 5 of the Staff Report along with the facts supporting
these findings, based upon substantial evidence in the record.
B. A/S 01-89 shou1d be and hereby is approved subject to:
1. The twenty-four (24) conditions attached hereto as Exhibit A and incorporated
herein by this reference.
2. The fourteen (14) mitigation measures set forth in the Mitigation Monitoring
Program, attached hereto as Exhibit B and incorporated herein by this
reference.
PASSED AND ADOPTED this 4th day of March, 2002, by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO,
and SPRINGER
NOES:
COUCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
ATTES'f) i 7
~:'-flthd',-U:u~ .
Rhonda Pellin, City _Clerk
APPROVED:
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Thomas W. Springer, a r
ICDSI544365.1
04-1)22004706002
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Resolution No. 2002-12
,
EL AMIGO RESTAURANT FINAL CONDITIONS OF APPROVAL
Planninl! Division (contact Melissa Durkin at 846-0440)
L All fourteen (14) MITIGATION MEASURES 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 Ifngation 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. 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. Trash Enclosures: All trash enclosures shall consist of visually solid fences and gates, six (6) feet
in height, in accordance with the adopted City of Gilroy standard trash enclosure design plan, or a
similar design approved by the Planning Division. All trash enclosures shall be located in
accordance with the approved site plan and Uniform Fire Code. In addition, recycling areas must
be provided within the trash enclosures, in accordance with the following regulations:
A. Areas for recycling shall be adequate in capacity, number, and distribution to serve the
development project.
B. Dimensions of the recycling area shall accommodate receptacles sufficient to meet the
recycling needs of the development project.
C. An adequate number of bins or containers to allow for the collection and loading of
recyclable materials generated by the development project should be located within the
recycling area.
Concrete aprons shall be constructed in front of the trash enclosures. This is subject to the review
and approval of the Planning Division.
6. 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, subjec;t to review and
approval by the Planning Division.
EXHIBIT A
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EI Amigo Restaurant, (PUD) A1S 01-89
Final Conditions of Approval
2
2/21/02
7. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward from the
site toward any residential use or public right-of-way. This is subject to the review and approval
ofthe Planning Division.
8. All proposed sign age shall be subject to Planning Division approvaL Signs delineated on the
submitted elevations are not approved.
9. Building colors shall be earth tones.
EDl!ineerine Division (contact Kristi Abrams or Don Nunes at 846-0440)
10. 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.
11. All improvements are to be done per City of Gilroy Standards, subject to the review and approval
of the Engineering Division.
12. All grading operations and soil compaction activities shall be per the approved soils report and
shall meet with the approval ofthe City Engineer. Grading plans shall show grades of all adjacent
properties, and shall be subject to the review and approval of the Engineering Division.
13. Off-site street improvements shall be subject to review and approval by the Engineering Division.
14. 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.
15. Backflow devices must be provided, subject to the review and approval of the Water Division.
Backflow devices shall be painted to blend with their surroundings.
16 The applicant shall comply with the Engineering Division memorandum dated January 17, 2002
(attached)
Fire Deoartment (contact Rodger Maggio at 846-0430)
17. Fire sprinklers are required on all commercial buildings 3,000 square feet or greater.
18. Exits from the patio shall swing in the direction of egress travel and have no lock or latch unless it
is panic hardware.
19. No portable LPG heaters shall be permitted in this facility. Only approved and listed fixed heating
devices are allowed, and they shall be electric or plumbed natural gas.
20. Provide a minimum fire flow of 1,500 GPMt 2 hours within 150 feet of this building. Show all
existing and proposed fire hydrants within 150 feet of this building.
EXHIBIT A
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EI Amigo Restaurant, (PUD) AlS 01.89
Final Conditions of Approval
3
2/21/02
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Chemical Control Division (contact Jacqueline Bretschneider at 846.0430)
21. A clarifier meeting the City of Gilroy standard policy shall be installed. A clarifier, with a sample
box. will be required for all mop sinks, floor drains. and sinks.
22. The applicant shall apply fOr an Industrial Wastewater Discharge Permit.
23. The applicant shall place a landscaped arbor adjacent to the south side of the trash enclosure, to
reduce this structure's visibility from San Ysidro Avenue. The design and placement of the arbor
and landscaping shall be subject to review and approval by the Planning Division.
24. The applicant shall place windows on the southeast and soutbwest sides of this building, subject to
Planning Division review and approval.
EXHIBIT A
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6LSZ8C680t XVd CO:Ll aat ZO/9Z/ZO
Appendix B
Mitigation Monitoring
Program
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Home Depot
Mitigation Monitoring Program
Introduction
On January 1, 1989, the California State Legislature passed into law Assembly Bill 3180.
This bill 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 this
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
this environmental impact report.
Monitoring Program Procedures
It is required that the City of Gilroy use the attached monitoring checklist for the
proposed project. The monitoring program should be implemented as follows:
1. The Gilroy Planning Division should be responsible for coordination of the
monitoring program, including the monitoring checklist. The Planning Division
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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.
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 Planning Division 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 Planning Division.
3. Prior to issuance of an occupancy permit, the Planning Division should review
the checklist to ensure that all mitigation measures and additional conditions of
project approval included in the monitoring checklist have been complied with.
An occupancy permit should not be issued until all mitigation measures and
additional conditions of project approval included in the monitoring checklist
have been complied with.
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 10 days, with a copy to the Planning Division, 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 of time,
construction may be halted and fines may be imposed at the discretion of the
City of Gilroy.
Mitigation Monitoring Checklist
Developer
Prior to issuance of a Building Pennit, the following mitigi'tion measures shall be implemented:
1.
2.
3.
The proposed projecl shall be designed in
accordance with earthquake design regulations of
the Unifonn Building Code. Final development
plans for the future proposed project shall be
subject to review and approval of the City
Building Division prior to issuance of a building
pennit.
The proposed project shall confonn to the
Uniform Building, Plumbing, and Mechanical
Codes, the National Electrical Code, and the
handicap and energy regulations in Tille 24 of
the Califomia Building Code, subject to review
and approval of the Engineering Division prior
to issuance of a building pennit.
The project proponent shall be required to
submit a detailed storm drainage improvement
plan for the proposed project and construct
improvements specified in the plan. The plan
shall include design and specifications for the
on-site stonn drainage system and all off-site
storm drainage improvements. The type, size,
and location of all infrastructure improvements
shall be detennined by the Engineering Division
prior to issuance of a building pennit. The plan
shall include, but not be limited to, the
following:
. Construction of an extension to the existing
storm drain south of the site.
. Design and analysis of the drainage facilities
shall be in accordance with the City of
Gilroy's Standards and Standard
Specifications.
Gilroy
Planning
Division
Developer
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Engineering
Division
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Engineering
Division
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4. The project proponent shall implement Developer Gilroy
applicable storm water source and treatment- Engineering
based best management practices as Division
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 the Engineering
Division prior to issuance of a grading permit.
5. The project proponent shall provide a periodic Developer Gilroy
sweeping program for proposed roadways, Engineering
driveways, and parking areas on the project site. Division
Plans for this action shall require approval of the
Engineering Division prior to issuance of a
grading permit.
6. The project proponent shall re-stripe the Developer Gilroy
northbound approach of the San Ysidro Engineering
A venue/Leavesley Road intersection. Design Division
and implementation of this improvement shall be
verified by the City Engineering Division, prior to
issuance of a building permit.
7. The project proponent shall revise the site plan to Developer Gilroy
address the following: Engineering
Division
. Align the driveways of the proposed project
and the Office Max across San Y sdiro
A venue, shifting the two southernmosl
driveways to the north. This would allow the
creation of a main signalized entrance at the
southernmost driveway.
. Shifl the restaurants to the north and relocate
some of the parking to the southwest corner
of the project site. This is necessary in order
to realign the driveways at the project site.
The site plan shall be revised prior to issuance of
a building permit and is subject to review by the
City Engineering Divison.
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8. The project proponent shall prepare an on-site Developer Gilroy
improvements plan which shall include the Engineering
following measures: . Division
. Place a signal at the south entrance to the
project site.
. Design the lane configuration for the signal to
have two outgoing lanes at each driveway.
The proposed project shall design the
driveway to have one exclusive left and a
shared left-through-right lane.
. Construct an exclusive left turn lane, one
through lane and a shared through/right
turn lane on San Ysidro A venue for both the
north and southbound approaches to the
driveways.
. Construct one outgoing and one incoming
lane, which are a minimum of 35 feet wide,
not exceeding 45 feet wide at the non-
signalized driveways.
. Widen San Ysidro Avenue to a 64 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 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.
9.
The project proponenl shall prepare an emissions
reduction plan for review and approval by the
City Planning Division prior to issuance of a
building permit. The emission reduction plan
shall consider, but not be limited to, the following
measures (measures recommended in the 1996
BAAQMD CEQA Guidelines):
. Carpool/vanpool program, e.g., carpool ride
matching for employees, assistance with
vanpool formation, provision of 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.
Developer
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10. The following control measures shall be Developer Gilroy
incorporated into any permits for all phases of Pl;uming
the project: Division
. Water all active construction areas at least
twice daily.
. Cover all trucks hauling soil, sand, and other
loose materials or require all trucks to
maintain at least two feet of freeboard.
. Pave, apply water three times daily, or apply
(non-toxic) soil stabilizers on all unpaved ,
access roads, parking areas and staging
areas at construction sites.
. Sweep daily (with water sweepers) all paved
access roads, parking areas and staging
areas at construction sites.
. Sweep streets daily (with water sweepers) if
visible soil material is carried onto adjacent
public streets.
. Hydroseed or apply (non-toxic) soil
stabilizers to inactive construction areas
(previously graded areas inactive for ten
days or more).
. Enclose, cover, water twice daily or apply
(non-toxic) soil binders to exposed
stockpiles (dirt, sand, etc.)
. Limit traffic speeds on unpaved roads to 15
mph.
. Install sandbags or other erosion control
measures to prevent silt runoff to public
roadways.
. . Replant vegetation in disturbed areas as
quickly as possible.
. Install wheel washers for all existing trucks,
or wash off the tires or tracks of all trucks
and equipment leaving the site.
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10. . Install wind breaks, or plant Developer Gilroy
Continued trees/vegetative wind breaks at windward Planning
side(s) of construction areas. Division
. Suspend excavation and grading activity
when winds (instantaneous gusts) exceed
25 miles per hour.
Umit the area subject to excavation, grading
and other construction activity at anv one time.
11. The project proponent shall provide a fire flow Developer Gilroy
test to verify that sufficient fire flow is available Engineering
for commercial/industrial land use subject to Division
review and approval by City Engineering
Division prior to issuance of a buildinl'; permit.
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12. The project proponent shall retain the services Developer Santa Clara
of a qualified environmental testing company County Dept.
to collect and test random soil samples for of Health
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);
. northern and southern boundaries of the
Tang property
The environmental consultant shall comply
with all regulations governing sampling
methodologies, shipping and handling
procedures, 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 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.
13.
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."
Developer
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Division
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14. Due to the possibility that significant buried Developer Gilroy
cultural resources might be found during Planning
construction, the following language shall be Division
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."
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certifY that the attached
Resolution No. 2002-12 is an original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 4th day of March, 2002, at which meeting
a quorum was present.
the City of Gilroy this 15th day of March, 2002.
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City Clerk of the City of Gilroy
(Seal)