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Resolution 2011-03 1 RESOLUTION NO. 2011-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S-04-62, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF DESIGN GUIDELINES FOR FUTURE BUILDINGS AT THE RANCHO SAN YSIDRO SUBDIVISION LOCATED ON THE NORTHEAST CORNER OF HIGHWAY 152 AND CAMINO ARROYO, APN 841-18-082. WHEREAS, Machado Development Company submitted application under Planned Unit Development A/S 04-62, requesting architectural and site approval of the "Rancho San Y sidro Design Guidelines" dated June 2010 for future buildings located within the San Ysidro Subdivision ("the Project") on approximately 59.7 +/- acres, on APN 841-18-082-029, which is located on northeast comer of Highway 152 and Camino Arroyo; and WHEREAS, the Planning Commission reviewed said application including the Staff Report dated October 7, 2010 ("Staff Report") at a duly noticed public hearing on October 7, 2010, and recommended approval of A/S 04-62 to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on November 1,2010, and considered the public testimony, the Staff Report, a Staff Report dated November 1, 2010 and continued the matter to December 6, 2010, at which time the Council also considered a supplemental staff report dated December 6, 2010, and all other documentation related to application A/S 04-62 and requested City Staff to prepare resolutions of approval for the Project; and RESOLUTION NO. 2011-03 WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council certified the Rancho San Ysidro-Machado Subdivision EIR on December 6, 2010 and adopted CEQA Resolution No. 2011-01 on January 10, 2011, making all the required findings for each significant environmental effect prior to approving the Project and adopting the mitigation measures and a Mitigation Monitoring Program; as well as a Statement of Overriding Considerations concerning the Project; 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 The City Council hereby adopts the findings as required by Zoning Ordinance Section 50.55 based upon substantial evidence in the entire record as summarized below: 1. The Project conforms to the Gilroy General Plan goal of developing industrial and regional-serving commercial uses east of Highway 101. 2. This Project will fill a specific need of the surrounding area in that is provides an opportunity for commercial and industrial development to occur, which will complement existing land uses in this area and complete one of the last unentitled projects along this commercial corridor. 3. The Project does not require urban services beyond those that are currently available at the Project site. 4. Adherence to the "Design Guidelines" will ensure harmonious development of this subdivision. 5. The Project is an economical and efficient use of the property because it is surrounded by developed property on three sides and will complete one of the last RESOLUTION NO. 2011-03 unentitled projects along this commercial corridor. In addition, the proposed Project maximizes development of this land. 6. The Project provides for more landscaping than normally proposed in commercial and industrial developments. Specifically, the developer will provide 24- inch box trees, decorative pavers with high Solar Reflective Index ratings, fences with pilasters and a detention basin designed as a landscape feature along Highway 152. 7. Adherence to the "Design Guidelines" and its aesthetic design principles will ensure the construction of attractive buildings and open space areas that blend with the character of surrounding areas. 8. The Project as mitigated will not create traffic congestion, noise, odor or other adverse effects on surrounding areas except as noted in the EIR for certain impacts that are unavoidable and are overridden by the adoption of a Statement of Overriding Concerns due to the benefits of the Project when balanced against the unavoidable effects. 9. Adherence to the "Design Guidelines" will ensure that adequate access, parking, landscaping, trash areas and storage are provided. SECTION II Application A/S 04-62 is hereby approved subject to the conditions of approval set forth in Exhibit "A" attached hereto and entitled "A/S 04-62 Rancho San Y sidro/Machado Final Conditions of Approval", and subject to the Mitigation Measures in the Final EIR as summarized in Resolution No. 2011-01 and to the Mitigation Monitoring Program. PASSED AND ADOPTED this 10th day of January, 2011, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, DILLON, LEROE- MUNOZ, TUCKER, WOODWARD and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE RESOLUTION NO. 2011-03 APPROVED: ~- ~---- ert Pinheiro, Mayor RESOLUTION NO. 2011-03 A1S 04-62 Rancho San Ysidro/Machado Final Conditions of Approval Plannina Division (contact Melissa Durkin at 846-0451 J Melissa.Durkin@cityofgilroy.org) 1. This project shall be subject to the mitigation measures contained within the Rancho San Ysidro-Machado Subdivision EIR. Compliance with the mitigation Measures shall be subject to the review and approval by the Planning Division. 2. Approval of AlS 04-15 is subject to certification of the Rancho San Ysidro-Machado Subdivision EIR and approval of TM 04-15. 3. Future projects developed within this subdivision shall conform to the "Rancho San Ysidro Design Guidelines," dated June 2010 and stamped "Approved" by the Planning Division, as modified by these architectural and site review conditions. 4. Projects complying with the "Rancho San Ysidro Design Guidelines" shall be processed through a staff-level architectural and site review process. Any projects within this development that do not comply with the "Rancho San Ysidro Design Guidelines" shall be required to process a Planned Unit Development Architectural and Site Review application, subject to review by the Planning Commission and approval by the City Council. 5. The Design Guidelines shall be amended prior to submittal of the first architectural and site review for this development to include a section on GHG reduction. The Design Guidelines shall specify that each development within this subdivision shall evaluate the feasibility of incorporating the following GHG reduction measures in the GHG reduction plan: a. Five percent energy-efficiency improvement over Title 24; b. Cool roof materials; c. Meet Green Building Standards in all new construction; d. Install tankless water heaters; e. Provide electric vehicle recharging area; f. Achieve LEED certification on all buildings; g. Install Energy Star roof; h. Install on-site renewable energy system (e.g. solar panels); I. Low-Energy Cooling; J. Recycle Demolished Construction Material; and k. Purchase Carbon offsets. All mitigation measures determined by the City to be economically feasible and effective in reducing GHG emissions shall be incorporated into the project as part of the Architectural and Site Review approval process for each building in the subdivision. 6. The Design Guidelines shall be amended prior to submittal of the first architectural and site review for this development to state that only one pylon sign shall be permitted in this subdivision. Exhibit A AlS 04-62, Rancho San Ysidro/Machado Final Conditions of Approval 2 1/10/11 Council-Added Conditions 7. The developer shall install a bicycle/pedestrian trail on the south side of L1agas Creek from Cameron Boulevard to Camino Arroyo. 8. The developer shall install bike lanes or shoulder striping on SR 152 from Cameron Blvd to Camino Arroyo on both sides of the roadway. 9. The developer shall install public art within this project, subject to the review and approval of the Arts and Culture Commission. The cost of this art shall be limited to a maximum of $10,000. Exhibit A RANCHO SAN YSIDRO-MACHADO SUBDIVISION (TM 04-15 AND AlS 04-62) MITIGATION MONITORING PROGRAM INTRODUCTION 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 ill 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 mltlgation 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 EMC PLANNING GROUP INC. MMP-I I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2011-03 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 10th day of January, 2011, 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, 2011. Sha a reels, CMC City Clerk of the City of Gilroy (Seal)