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)