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Resolution 2005-83RESOLUTION NO. 2005 -83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S O4 -69, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL FOR A NEW 100,660 SQUARE FOOT COMMERCIAL SHOPPING CENTER IN AN EXISTING COMMERCIAL PLANNED UNIT DEVELOPMENT ON APPROXIMATELY 9.48 ACRES AT 8620 SAN YSIDRO AVENUE, APN 835 -04 -076 WHEREAS, Chinatown, LLC, the applicant, submitted application A/S 04 -69, which is an application for architectural and site approval for a new 100,660 square foot commercial shopping center in an existing commercial Planned Unit Development on approximately 9.48 acres at 8620 San Ysidro Avenue, APN 835 -04 -076 ( "Project "); and WHEREAS, the Planning Commission held a duly noticed public meeting October 6, 2005, at which time the Planning Commission considered the public testimony, the staff report dated September 27, 2005 ( "Staff Report"), and all other documentation related to application A/S 04 -69, and recommended that the City Council approve the mitigated Negative Declaration prepared for the Project pursuant to the California Environmental Quality Act ( "CEQA "), and approve this application; and WHEREAS, the City Council held a duly noticed public meeting on October 17, 2005, at which time the City Council considered the public testimony, the Staff Report, a follow -up Staff Report dated October 11, 2005, and all other documentation related to application AS 04 -69; and WHEREAS, pursuant to CEQA, the City Council on October 17, 2005, adopted the mitigated Negative Declaration for this Project, which also sets forth a mitigation and monitoring program within it, the City Council finding that the Negative Declaration was completed in compliance with CEQA, that it reflects the independent judgment of the City, and that there is no 16601673896.1 01- 103105-04706089 Resolution No. 2005 -83 substantial evidence in the record that the Project as mitigated will have a significant effect on the environment; and WHEREAS, the City Council determined that the conditions of approval set forth in the Staff Report and recommended by the Planning Commission should be incorporated into the Project; and WHEREAS, the City Council also determined that the design of the rear elevations of buildings "A," "F," "G," and "H" should be revised to better reflect the front elevations of those buildings, for example, by the incorporation of such features as off -sets in the building face, alternating parapets to break up the roofline, and color banding and awnings to match the front elevations; 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. NOW, THEREFORE, BE IT RESOLVED THAT: SECTION I A. The City Council hereby adopts the findings as required by Zoning Ordinance section 50.55 based upon substantial evidence in the entire record as described below: The Project conforms to the Gilroy General Plan in terms of general location and standards of development. The Project fills a specific need of the surrounding area by filling a vacant site with a high- quality design that blends with two existing, neighboring shopping centers. Project site. IGB01673896.1 01- 103105 -04706089 The Project does not require urban services beyond those that are available at the Resolution No. 2005 -83 The Project provides a harmonious, integrated plan for a quality development that fits with both shopping centers on either side, functions as a complementary component of the Home Depot Shopping Center and is consistent with the City's Planned Unit Development standards and policies. The Project site is surrounded by commercial development and functions as an infill site, reflecting an economical and efficient use of this property. The Project exceeds the minimum City requirements for landscaping of a commercial development. The Project utilizes aesthetic design principles to create an attractive development wherein the design of the buildings, entryways and landscape areas blend with the character of the surrounding area. The Project does not create traffic congestion, noise, odor or other adverse effects on surrounding areas. The Project provides adequate access, parking, landscaping, trash areas and storage. B. Application A/S 04 -69 should be and hereby is approved subject to the Planned Unit Development Conditions attached hereto as Exhibit A and incorporated herein by this reference; and the Negative Declaration dated "August 2005," the mitigation measures incorporated therein, and the Mitigation Monitoring Program therein, attached hereto as Exhibit B and incorporated herein by this reference. I IGBD673896.1 01- 103105 - 04706089 -3- Resolution No. 2005 -83 PASSED AND ADOPTED this 7th day of November, 2005 by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ATTEST: Rhonda Pellin, City Clerk 1GB01673896.1 01- 103105- 04706089 APPROVED: Al rt Pinheiro, Mayor -4- Resolution No. 2005 -83 A/S 04 -69 PLANNED UNIT DEVELOPMENT CONDITIONS EXHIBIT A 9/27/05 1. MITIGATION MEASURES #1 THROUGH #23, contained within the Negative Declaration, shall be applied to the approval of the project in order to reduce and/or mitigate all potential significant impacts to a level of insignificance, as required under the California Environmental Quality Act (CEQA). 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. 3. 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. 4. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward from the site toward any residential use or public right -of -way. 5. Building colors shall be of earth tones, subject to review and approval of the Planning Division. 6. Provide verification of a recorded reciprocal access easement with the Home Depot Shopping Center to the north. 7. The following language shall be included on any permits issued at the project site, subject to the review and approval of the Gilroy Engineering and Building Divisions. "All construction activities shall be limited to 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." 8. All buildings shall have a fire sprinkler system installed. Fire sprinkler systems shall meet NFPA 13, and shall be designed for .18/3000 gpm. Fire sprinklers are subject to review and approval by the Fire Marshal. Interior risers required, and there shall be an exterior door within 20 ft of each riser. Minimum fire flow = 3000 GPM for 4 hours, assuming TypeVN construction (Sprinklered). 9. Public street fire hydrants are to be provided along San Ysidro Avenue, if not already present, at a minimum 300' spacing. Provide on -site fire hydrants in a sufficient number in order to provide the required fire flow to within 150' of all points on the building exterior. The on -site fire main shall have an above ground Double Detector Check Valve at the street. Each project building shall have its own single check valve, post indicator valve and fire department connection off the on -site loop. FDC location subject to Fire Marshal approval. Fire Department Connection shall be within 40 ft of a hydrant. 10. All buildings shall have fire engine access around buildings and provide an inside turn radius of 39' and be a minimum of 20 ft width. Fire access roads greater than 150 ft shall be provided with a turnaround using the Gilroy Fire Department template. Provide and delineate a 20' unobstructed fire apparatus access lane around each building. Fire Lanes shall be posted or stenciled on curb "NO PARKING -FIRE LANE." Page 5 of 6 A/S 04 -69 9/27/05 11. All Buildings and uses shall comply with the California Building Code, California Fire Code, as amended by the City of Gilroy, and the Uniform Mechanical, Electrical, and Plumbing Codes. Indicate construction type and rating for each building. 12. All buildings shall have a sewer test manhole installed on the property (see City Specifications) and in an area that can be readily accessed by an inspector, not in the center of a driveway area. Locations to be shown on site plan. 13. Kitchens /Cooking facilities: All cooking facilities shall be provided with a grease trap or clarifier, sized for the anticipated flows. No garbage disposals are allowed. Any restaurant pads shall have a 1500 gallon interceptor installed. Future TI's for restaurants will require 1500 gallon interceptors. 14. Prior to building permit submittal, the developer shall submit to the Planning Division four (4) copies of plans that incorporate all of the conditions of approval contained within this staff report. The developer shall not apply for a building permit until Planning staff has verified that all of the conditions of approval have been incorporated either by incorporation as a note or a revision to the plans. 15. The elevations on the northern side of the buildings facing the Home Depot Shopping Center shall be modified to include a storefront appearance. Page 2 of 2 EXHIBIT B MITIGATION MONITORING AND REPORTING PROGRAM This monitoring program is based on the mitigation measures included in the project initial study. 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 applicant 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 negative declaration. MONITORING PROGRAM PROCEDURES The City of Gilroy shall use the attached monitoring checklist for the proposed project. The monitoring program shall be implemented as follows: A. 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. B. 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. C. The Gilroy Community Development Department will review the checklist to ensure that appropriate mitigation measures and additional conditions of 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. D. If a responsible individual or agency determines that 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 Community Development Department, describing the non - compliance and requiring compliance within a specified period of time. If 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. Step 1. Prior to approval and issuance of the final improvement plans, the following mitigation measures shall be implemented: Subject to the review and approval of the Planning Division, the project applicant shall submit a landscape plan consistent with the City of Gilroy Consolidated Landscaping Policy. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division The project applicant shall require the following practices be implemented by including them in the contractor construction documents for the proposed project, subject to the review and approval by the City of Gilroy Engineering Division. The following measures shall be implemented: • The first phase of construction shall require 30 percent of construction equipment to meet Tier 1 EPA certification standards for clean technology. The remainder of construction equipment (70 percent), which would consist of older technologies, shall be required to use emulsified fuels. • The second phase of construction shall require 30 percent of construction equipment to meet Tier 2 EPA certification standards for clean technology and 50 percent to meet Tier 1 EPA certification standards. The remaining 20 percent of construction equipment, which would consist of older technologies, shall use emulsified fuels. • For all larger vehicles, including cement mixers or other devices that must be delivered by large trucks, vehicles shall be equipped with CARB level 3 verified control devices. • 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 the construction sites. • Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at the construction sites. • Sweep public streets adjacent to construction sites daily (with water sweepers) if visible soil material is carried onto the 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 miles per hour. • Install sandbags or other erosion control measures to prevent silt runoff to public roadways. • Replant vegetation in disturbed areas as soon as possible. • Install wheel washers for all exiting trucks or wash off the tires or tracks of all trucks and equipment leaving the construction site. • Install wind breaks at the windward sides of the construction areas. • Suspend excavation and grading activities when wind (as instantaneous gusts) exceeds 25 miles per hour. • The idling of all construction equipment shall not exceed five minutes. All equipment shall be properly tuned and maintained in accordance with the manufacturer's specifications. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division 3. Fire Sprinkler systems shall be installed per NFPA 13 in the commercial structures. Systems are subject to the review and approval by the Fire Marshal. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Fire Marshal 4. The project applicant shall pay the Public Facilities Fees, subject to monitoring by the Building Division. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Building Division 5. The project applicant shall pay the Public Facilities Fees, subject to monitoring by the Gilroy Unified School District and Building Division. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Unified School District and Gilroy Building Division Step 2. Prior to approval and issuance of a grading or building permit, the following mitigation measures shall be implemented: 6. Subject to the review and approval of the Planning Division, new outdoor lighting shall be directed on -site and designed and installed with shielding. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 7. If trees or buildings are scheduled for removal during the breeding season (February 1 to August 1), a qualified biologist shall conduct pre- construction nesting birds surveys within 30 days prior to the onset of any construction activity. All trees and barns should be searched for bird nests and bat occupation during the pre- construction survey. If bird nests are observed, an appropriate buffer zone shall be established around all active nests to protect nesting adults and their young from construction disturbance. If active raptor nests are located on the subject area, a buffer zone of 200 -250 feet shall be established around each nest unless a smaller distance is suitable to reduce nesting disturbance. If bat occupation is observed, the specific method of evacuation would be determined by a qualified biologist. Buffer zones implemented around avian nests can be used to avoid impacts to birds and nests protected by the MBTA and Sections 3515 and 3503 of the Fish and Game Code. Buffer zones shall be determined based on the site conditions and the species potentially impacted. Work within the buffer zone should be postponed until all the young are fledged, as determined by a qualified biologist. This mitigation measure shall be subject to the review and approval of the Building Division. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Building Division 8. During the earth disturbing activities of construction, if any archaeological deposits are encountered, an archaeologist shall be summoned on -site to document and monitor all subsurface prehistoric or historic deposits. All activities in the area should cease and the archaeologist should inspect the discovery and prepare a recommendation for a further course of action. This mitigation measure shall be subject to the review and approval of the Planning Division. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 9. In the event that human remains are discovered, there shall be no disposition of such human remains, other than in accordance with the procedures and requirements set forth in the California Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98. These code provisions require notification of the County Coroner and the Native American Heritage Commission, who in turn must notify those persons believed to be most likely descended from the deceased Native American for appropriate disposition of the remains. Excavation or disturbance may continue in other areas of the project site outside the area affected by such discovery. This mitigation measure shall be subject to the review and approval of the Planning Division. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division 10. The applicant shall prepare an erosion and deposition control plan detailing appropriate methods of erosion and deposition control during grading, construction and operation of the proposed project. The erosion and deposition control plan shall be subject to review and approval by the City of Gilroy Engineering Division prior to the issuance of building permits. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division 11. The project applicant shall submit a Notice of Intent (NOI), detailed engineering designs, and a Storm Water Pollution Prevention Plan ( SWPPP) program to the Central Coast RWQCB to obtain a NPDES General Construction permit prior to any grading or construction activities. This permit shall require implementation of an approved SWPPP that uses storm water Best Management Practices to control runoff, erosion and sedimentation from the site during the grading /construction and long -term operational phases of the project. The SWPPP is subject to review and approval by the Central Coast RWQCB and the Gilroy Engineering Division. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division 12. The project applicant shall follow the recommendations outlined in the Geotechnical Report. The recommendations of the soils investigation shall be incorporated into the final building plans, subject to the review and approval by the City of Gilroy Engineering Division prior to approval of building permits. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division 13. The project applicant shall design all structures in accordance with the Uniform Building Code for seismic design. Foundation design would follow the recommendations outlined in the Geotechnical Report. Structural design is subject to the review and approval by the City of Gilroy Engineering Division prior to the issuance of building permits. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division 14. The applicant shall review existing storm drainage improvements and studies for the project area to determine if sufficient downstream storm water capacity is available for the proposed project site. The determination and findings of storm water drainage system adequacy by the project Civil Engineer is subject to the review and approval by the Gilroy Engineering Division. The determination and findings of storm water drainage system adequacy by the project Civil Engineer is subject to the review and approval by the Gilroy Engineering Division. Alternatively, the applicant shall incorporate on -site storm water detention facilities to ensure the project would not result in a net increase in runoff off -site. The detention facilities design shall be subject to the review and approval by the Gilroy Engineering Division. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division 15. The project applicant shall prepare a detailed Flood Management and Mitigation Plan (FMMP), subject to approval by the Santa Clara Valley Water District (SCVWD) and the Gilroy Engineering Division. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division 16. The following language shall be included on all permits issued for this project, subject to the review and approval of the Building Division: "All construction activities shall be limited to weekdays between 7:00 a.m. and 7:00 p.m. and on Saturday between 9:00 a.m. and 7:00 p.m. No construction is allowed on Sundays and City holidays." Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Building Division and Police Department 17. All construction equipment engines shall be properly tuned and muffled according to manufacturers' specifications. This mitigation measure shall be subject to the review and approval of the Building Division. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Building Division 18. Noise construction activities whose specific location on the site may be flexible (e.g., operation of compressors and generators, cement mixing, general truck idling) shall be conducted as far as possible from the nearest noise - sensitive land uses, and natural and /or manmade barriers (e.g., intervening construction trailers) shall be used to screen propagation of noise from such activities towards these land uses to the maximum extent possible. This mitigation measure shall be subject to the review and approval of the Building Division. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Building Division 19. The use of those pieces of construction equipment or construction methods with the greatest peak noise generation potential shall be minimized. Examples include the use of drills and jackhammers. This mitigation measure shall be subject to the review and approval of the Building Division. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Building Division 20. Barriers such as plywood structures or flexible sound control curtains shall be erected to minimize noise exposure to sensitive uses. This mitigation measure shall be subject to the review and approval of the Building Division. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Building Division 21. The project developer shall be responsible for monitoring the intersection of the main project driveway and San Ysidro Avenue, with bonding for the construction of a future traffic signal at this location. The monitoring should be carried out by conducting a traffic signal warrant study at the subject intersection every two years for a period of 10 years. A traffic signal should be installed by the project developer at such time when the signal warrant study indicates that at traffic signal is justified. This mitigation measure shall be subject to the review and approval of the Engineering Division. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division 22. An engineering study shall be conducted at this intersection to analyze the collision data at this intersection in greater detail and to identify the need and feasibility of potential engineering treatments that could lead to a reduction in accidents. The applicant shall be responsible for the costs of any operational level identified improvements. This mitigation measure shall be subject to the review and approval of the Engineering Division. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division 23. The opening of the secondary project driveway shall be widened by making a longer curb cut or by providing curb returns with 10- to 15 -foot radii. This mitigation measure shall be subject to the review and approval of the Engineering Division. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division Dated prepared: End of Review Period: Date Adopted by City Council: Cydney Casper Planning Division ccasper@ci.gilroy.ca.us I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2005 -83 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 7th day of November, 2005, 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 11th day of January, 2006. City erk of the City of Gilroy (Seal)