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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 -1- 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: ~~~- Thomas W. Springer, a r ICDSI544365.1 04-1)22004706002 -2- 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 tOOIlJ N3HO~ ~ ~3NI'~3ij 6LSZgC6g0t XVd COOL, 3fiL ZO/9Z/ZO 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 SOO~ N~HOJ ~ HaNI1H~a 6LS~SC6S0t XVd CO:Ll ~nL ~O/9~/~O EI Amigo Restaurant, (PUD) AlS 01.89 Final Conditions of Approval 3 2/21/02 ~ 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 900~ N::mOJ '8 lI3NI1l1aQ 6LSZ8C680t XVd CO:Ll aat ZO/9Z/ZO Appendix B Mitigation Monitoring Program EMC Planning Group Inc. Home Depot Mitigation Monitoring Program A-1 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 EMC Planning Group Inc. Home Depot Mitigation Monitoring Program A-2 III . . I I I II II II II 11 I .- I . . I I . 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 Gilroy Engineering Division Developer Gilroy Engineering Division EMC Planning Group Inc. Home Depot Mitigation Monitoring Program A-3 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. EMC Planning Group Inc. Home Depot Mitigation Monitoring Program A-4 II III II II -- II . - . . . . I I I I EMC Planning Group Inc. Home Depot Mitigation Monitoring Program A-5 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 EMC Planning Group Inc. Home Depot Mitigation Monitoring Program Gilroy Planning Division I I . I I I I I I I I I I I I I I A-6 I I I I I I I I I I I I 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. EMC Planning Group Inc. Home Depot Mitigation Monitoring Program A-7 I . 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. . I I I I I I I I I I I I I I I I EMC Planning Group Inc. Home Depot Mitigation Monitoring Program A-8 EMC Planning Group Inc. Home Depot Mitigation Monitoring Program A-9 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 EMC Planning Group Inc. Home Depot Mitigation Monitoring Program Gilroy Planning Division A-lO 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." EMC Planning Group Inc. Home Depot Mitigation Monitoring Program A-ll 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. vlLA ~~ City Clerk of the City of Gilroy (Seal)