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Southpoint Outlet Associates - PDA No. 92-32` . Susanne E. Steinmetz, City Clerk 3 4 14P Fi GE 1 145 City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 ron QIOOQ! l./ PROPERTY DEVELOPMENT AGREEMENT TED Mp COMMERCIAL INDUSTRIAL INSTITUTIONAL 1 /°1ST 1151290; AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM 92--32 DRAINS AND OTHER PUBLIC WORKS FACILITIES No. This agreement made and entered into this 20th day of July 19 92 , by and between the City of Gilroy, a municipal corporation, herein called the "City" and Southpoint Outlet Associates, Limited Partners a real property owner developer or subdivider, herein called the "Developer ". WHEREAS, a final map of subdivision, record of survey or building permit (Site Clearance) application has now been submitted to the City for approval and acceptance, covering certain real estate known as and called: APN 841 -69 -002 and 841 -69 -003 and, WHEREAS, the Developer requires certain utilities and public works facilities in order to service the property under the minimum standards established by the City and, WHEREAS, the City, by and through its City Council, has enacted certain Codes, Ordinances and Resolutions and certain Rules and Regulations have been promulgated concerning the subject matter of this agreement and, ak WHEREAS, the City has certain responsibilities for maintenance and operation of such utilities and public service facilities after acceptance by City, and for providing the necessary connecting system, general plant and appurtenances, and the City is agreeing to discharge those responsibilities. NOW THEREFORE, in consideration of the premises and in order to carry on the intent and purpose of said Codes, Ordinances, Resolutions and Regulations, it is agreed by and between the parties as follows: SECTION _I That all Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and the laws of the State of California concerning the subject matter of this agreement are hereby referred to and incorporated herein to the same • effect as if they were set out at length herein. Said Codes, Ordinances and • Regulations include, but are not limited to, the following: the Code of the City of Gilroy, the current Zoning Ordinance, and the currently adopted Uniform Building Code. SECTION 2 The Developer agrees: a. To perform each and every provision required by the City to be performed by the Developer in each and every one of said Codes, Ordinances and other Regulations. b. To grant to the City without charge, free and clear of encumbrances, any and all stipulated easements and rights of way in and to his said real property necessary for the City in order that its water, electricty, and /or sewer lines in or to said real property may be extended. c. To indemnify and hold the City harmless and free from all damage and liability done to any utility, public facility or other material or installation of the City on said real estate which the Developer or any contractor or subcontractor of the Developer, or any employee thereof, shall do in grading or working upon said real estate. G z FAINT WRITING, TYPING, OAF" CAKE OO PR PHOTOGRAPHIC T ` RECORD REO FED ,- 8 PC OR Y COO 2- 2G� 5�2 0 CO AUG 2 51992 l'344PAGE 1 14.6 d. To construct and improve all public works facilities and other improvements as set out herein, according to the standards heretofore established, and according to the grades, plans and specifications thereof, all as approved by the City Engineer, and shall furnish two (2) good and sufficient bonds. One shall be. executed in the facie amount of no less than $ 542,335.00 , and the other shall be executed in an amount no less than 507 of the above mentioned bond and shall secure payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them for the improvement hereunder, and as provided for in Section 4200 -4210 of the Government Code of the State of California, the Codes, Ordinances, Resolutions, and Regulations of the City, and this agreement. The faithful performance bond hereinahove provided for., shall by the terms remain in full force and effect for a period of one (I) year after the completion and acceptance of said work, to guarantee the repair and replacement of defective material and faulty workmanship. In lieu of said faithful performance bond for maintenance, the Developer may furnish a maintenance bond in the amount of 10% of the total contract price (with a minimum amount of one thousand dollars, $1,000.00) to cover the one (1) year maintenance period. e. That upon approval of the final map of the subdivision, the record of survey or the building permit covering the real estate to be improved and before any work is done therein, the Developer shall pay to the City all sums, shown in Section 9 thereof to be due under the terms and provisions of this agreement. SECTION 3 That all sums shown herein to be payable by the Developer to the City are due and payable to the City upon the execution of this agreement. SECTION 4_ That all the provisions of this agreement and all work to be done pursuant to the terms of this agreement are to be completed within one year from and after the date and year first above written. SECTION 5 That the special provisions concerning the particular real estate referred to above, being attached hereto, are hereby incorporated herein and expressly made a part of this agreement. SECTION 6 That the faithful and prompt performance by the Developer of each and every term and condition contained herein is made an express condition precedent to the duty of the City to perform any act in connection with this transaction, and the failure, neglect or refusal of the Developer to so perform, or to pay any monies due hereunder when due shall release the City from any and all obligations hereunder and the City, at its election, may enforce the performance of any provision herein, or any right accruing to the City or may pursue any remedy whatseever it may have under the laws of the State of California or the Codes, Ordinances, Resolutions of the City, in the event of any such default. by Developer. SECTION 7 That this agreement, together with the attached stipulations, is an instrument affecting the title or possession of the real property described in Exhibit A. All the terms, covenants and conditions herein imposed shall be binding upon and inure to the benefit of the successors in interest of Developer. Upon the sale or division of the property described in Exhibit A, the terms of this agreement shall apply separately to each parcel and the Developer of each parcel shall succeed to the obligations imposed on Developer by this agreement. -2- 3 147 SECTION 8 The Developer will pay for a daily sewer and water allocation. The allocation limits are as follows: Sewer capacity not to exceed: 13,700 gal per day. Peak water use not to exceed: 27,400 gal per day. The City will attempt to provide additional capacity at the then current rate. If additional capacity is not available, the Developer agrees to maintain sewer and water use at or below the amounts purchased. The Developer shall have the option of measuring sewer effluent by: a. Installing and maintaining a sewer effluent meter. Said meter shall meet City Standards and specifications, or b. Measuring the building's water consumption through the water meter. Irrigation meters are required. PENALTY: Overuse of sewer and water allocations shall be penalized under the Rules and Regulations adopted by the Gilroy City Council. SECTION 9 That the following General Stipulations and the attached stipulations shall be completed subject to the approval of the Director of Public Works. 1. Locate and properly dispose of any wells, septic tanks and underground fuel storage facilites. If NOTE: The capping of any well will require inspection by the Santa Clara Valley Water District. 2. Schedule the construction of improvements along existing public roads so that the work affecting vehicular traffic is completed with a minimum interruption to traffic. 3. All work within the public right -of -way shall be subject to the approval0of the City Engineer. 4. Before construction utilizing combustible materials may proceed, an all weather access must be provided to within 150 feet of the building site; and at least one in service fire hydrant must be available within 500 feet of each portion of the site wherein this construction is to take place. Location of the fire hydrants will be determined by the Fire Chief. SECTION 10 That the attached Development Cost Schedule enumerates all fees and their extentions. TOTAL AMOUNT DUE CITY -3- $ 120,173.61 Lf 3 11 14 ID A CIE s t$ IN WITNESS WHEREOF, said parties have caused these presents to be executed the date and year first above written. ATTE • GbLt�wJ - city clerk Susanne E. Steinmetz FORM APPROVED: I 4 City Attorney Linda A. Callon soucnpoinL vuci.UU t►ZIZ vIJ` ­­ Limited Partners BY io ili e, President, Glen Loma Corp., Genera artner BY DATE G� ��.�/ ` / , 1992 NOTE: If Developer is a corporation, the complete legal name and corporate seal of the corporation and the corporate titles of the persons signing for the corporation shall appear above. ALL – PURPOSE ACKNOWLEDGMENT State of (=Cc.b4rlrl%f County of .Sa A?at d1i�4-'A-_ On % Yrc Z before me, %1,4 /Ak i.3 X r5oV (name, title of officer), personally appeared .`MJ4AI F144 L� ;dkpersonally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowl- edged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. r a WITNESS my hand and official seal. Signature -4- @ NATIONAL NOTARY NO 209 CAPACITY CLAIMED BY SIGNER INDIVIDUAL(S) SIGNING FOR ONESELF/THEMSELVES ❑CORPORATE OFFICER(S) TITLE(S) COMPANY 61 PARTNER(S) PARTNERSHIP ❑ ATTORNEY- IN -FACT PRINCIPAL(S) Lj TRUSTEE(S) TRUST OTHER TITLE(S) TITLE(S) ENTITY(IES) REPRESENTED ENTITY(IES) REPRESENTED 6 Remmet Ave. • P.O. Box 7184• Canoaa Park. CA 91304 -7194 CITY OF GILROY DEVELOPMENT COST SCHEDULE No. 92 -32 Date 7/8/92 Initialed MF Location of Property S/E corner Arroyo Circle /Leavesley Road, borderin Camino Arroyo Assessor's Parcel No. 841 -69 -002 & 003 Name of Applicant Southpoint Outlet Associates, Limited Partnership Address 7888 Wren Ave., Suite D143, Gilroy, CA Phone 847 -4224 Type of Development Proposed Commercial Storm Drain Area C -1 Area 12.136 ac. Street Frontage 1924 L.F. Special Public Works Services Engineering Map Check for lots Final Maps $2,058.00 + $274.00/lot Parcel Maps $437.00 + $212.00 /lot 100 - 2600 -3- 600400 $ 4,480.00 Reapportionment (Assessment Dist. Parcels) $ First Two $499.00 + $131.00 /ea additnl Miscellaneous Engineering Services $ 4,480.00 64 hours z $70.00 /hr Public Works Microfilming (Maps and Plans) $ 1 - 6 sheets $136.00 + $6.00 /sheet 7 -12 sheets $174.00 + $6.00 /sheet 13 -18 sheets $212.00 + $6.00 /sheet number of sheets SM Engineering Plan Check and inspection 100- 2600 -3- 600412 $42,004.08 Cost of Public Improvements $ 542,335.00 10% of first $100,000 = 10,000.00 8% of $100,000 - $200,000 = 81000.00 7% of over $200,000 = 23,963.45 Fire Hydrant Location Fee $ 40.63 $40.63 for the first 5 hydrants +$ 4.07 for each additional hydrant m to s4 G E 1 Storm Development Fee inch diameter 430 - 2600 -3- 680400 Area "A" $2,166.82/Acre 420 - 2600 -3- 680200 $ Area "A -1" $4,319.36/Acre 420 - 2600 -3- 680200 $ Area "B" $2,029.66/Acre 421 - 2600 -3- 680200 $ Area "C" $3,456.49/Acre 422 - 2600 -3- 680200 $ Area "D" $2,143.86/Acre 423 - 2600 -3- 680200 $ Area "E" $1,615.13 /Acre 424 - 2600 -3- 680200 $ Area "F" $2,982.74/Acre 425 - 2600 -3- 680200 $ Area "Q" $2,711.81 /Acre 426- 2600 -3- 680200 $ Area "R" $1,356.37 /Acre 427 - 2600 -3- 680200 $ Acres @$ /Acre Front Foot water - inch diameter 430 - 2600 -3- 680400 $ N/C or 801 - 2680 -3- 680000 $ FF @$ /FF Fire Hydrant Resident FF @ $ 3.05 /FF = $ Comm & Ind. FF @ $ 4.07 /FF = $ Front Foot Sewer - inch diameter 430 - 2600 -3- 680500 $ N/C or 801 - 2680 -3- 680000 $ FF @$ /FF Front Foot Street improvements 430 - 2600 -3- 680600 $ N/C or 801 - 2680 -3- 680000 $ Pavement SF @ $ /SF = $ Curb & gutter FF @ $13.29/FF = $ Sidewalk SF @ $ 4.10 /SF = $ Gal. /wood Pole Electrolier & Conduit FF @ $ 9.23/FF = $ Front Foot Storm Drain - inch diameter 430 - 2600 -3- 680700 $ N/C or 801 - 2680 -3- 680000 $ FF @$ /FF Utility Underground Fees FF @ $109.35/FF $2,000 max. for SFR unit Santa Teresa improvements Units @ $1,574.54 /Dwelling Unit Sewer Development Fee Units @ $1,308.00 /Unit (Res) 431 - 2600 -3- 680300 $ N/C 433 - 2600 -3- 681000 $ N/C 435 - 2600 -3- 671000 $30,525.00 3700 Gals. @ $825.00/100 GPD (Comm /Ind) (Total = 13,700 gal. Credit for 10,000 gal.) water Development Fee 436 - 2600 -3- 695000 $30,770.20 Units @ $1,075.00 /Unit (Res) 27,400 Gals. @ $1,123.00/1000 GPD peak (Comm /Ind) Water User Fee (Construction Water) 720 - 0433 -3- 690000 $ 9,339.33 1924 FF @ $3.44/FF + 12.136 Acres @ $224.19 /Acre Public Works Cash Bonds and Deposits 801 - 2680 -3- 680000 $ Other Consultant Engineering Analysis Other Admin. Consultant Engineering Analysis 801- 2680 -3- 680000 $ 2,900.00 100 - 2600 -3- 600412 $ 155.00 TOTAL DUE CITY $120,173.61 NOTE: All deferred and /or estimated fees will be adjusted to the rates in effect at the time Building Permits are issued. The undersigned agrees to provide actual construction costs for recalculation of fees and pay any underestimated fees prior to final acceptance. If the recalculated fees are less than the estimate, the City of Gilroy will refund the difference. * Not included in total. Accepted b Date: *7 - / -,1- 9 (17?y rt { STIPULATIONS TO PROPERTY DEVELOPMENT AGREEMENT NUMBER 92 -32 1. All improvements as shown on the plans prepared by Bissell and Rarn entitled "City of Gilroy, Street Widening, Arroyo Circle and Camino Arroyo ", including the new traffic signal at Camino Arroyo and Arroyo Circle and the traffic signal modification at Leavesley Road and Arroyo Circle, must be completed by June 1, 1993. These improvements address traffic mitigation measures six through eleven of G.P.A. 90 -06 as adopted in Resolution 92 -6 by the City Council on January 21, 1992. (Exhibit C) 2.' All special inspections and testing for all the traffic signal equipment shall be paid for by the developer. 3. All fees are to be paid at the rates in effect at the time of payment. 4. This agreement shall run with the land and be binding upon any successors in interest. S. The developers of this land shall be reimbursed by the owners/ developers of the land comprised of APN 841 -69 -005 (portion), 841 -69- 007, 841 -69 -008 and 841 -69 -014 (portion) for a percentage of the offsite improvement costs as outlined in Stipulation Number 1. The reimbursement shall happen when the land comprised of APN 841 -69 -005 (portion), 841 -69 -007, 841 -69 -008 and 841 -69 -014 (portion) is developed. The amount to be reimbursed is $ 259.984 , which will be adjusted by a yearly interest rate as set by the Engineering news Record Cost Index. (Exhibit B, Items 6 - 11, Parcel 2 Total) 6. The developer shall have a check prepared for $ 2.90,474 which shall cover this project's proportional share of the construction and design costs needed to address traffic mitigation measures twelve through eighteen of G.P.A. 90 -06 as adopted in Resolution 92 -6 by the City Council on January 21, 1992. This money shall be used when the City feels that the improvements needed by the above referenced traffic mitigation measures twelve through eighteen are necessary to construct. (Exhibit B, Items 12 - 18, Parcel 1 Total) 7. The City shall reimburse the developer for Outlet Phases I and II share of the Arroyo Circle /Camino Arroyo signalization. The amount to be reimbursed is $ 46.000 , which will be paid to the developer within 30 days of the signing of this agreement. (Exhibit B, Item 10, Outlet •• Phases I and II Total) •` 8. It has been determined that mitigation of items 19 - 27, as outlined in Resolution 92 -6 (Exhibit C) is insignificant and this project is not required to participate in these mitigation measures. This is due to the uncertainty of the number of background projects and their contributions to these mitiga it s. S u :2- ly-1-2, Date EXHIBIT "A" PROPERTY DEVELOPMENT AGREEMENT 92 -32 SOUTHPOINT OUTLET ASSOCIATES A.P.N. 341 -0-9 -002 S 003 L -J rrt C_w EXHIBIT "A" ADDENDUM TO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING FINDINGS, MITIGATION MEASURES, AND STATEMENTS OF OVERRIDING CONSIDERATIONS PERTAINING TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE SOUTHPOINT BUSINESS PARK GENERAL PLAN AMENDMENT (GPA 90 -06) The City Council finds that one or more significant effects would likely result from approval of this project and that the substantial evidence and mitigation measures relied upon by this Council supporting the required findings are set forth as follows: I. SIGNIFICANT EFFECTS A. GEOLOGY: 1. Significant Effect: It is likely that one of the nearby active earthquake faults will cause at least one large- magnitude earthquake on the project site during the lifetime of the proposed project. Potential damage suffered by structures on the project site in the event of an earthquake is, therefore, considered to be a significant impact. Mitigation or Avoidance: This impact will be reduced and mitigated by the following mitigation measure(s): 1. All construction on the project site shall comply with the latest adopted Uniform Building Code structural earthquake regulations. The final construction plans for any structure shall be subject to the review and approval of the Building Inspector before a building permit is issued to ensure compliance with 'these regulations. (Southpoint DEIR, pg. iii). Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. B. SOILS: 2. Significant Effect: The project site contains the soil types of Pleasanton Loam and Zamora Clay Loam. The permeability of these soils is moderately slow. Run -off of both soil types is very slow, and the hazard of erosion is none to slight. No significantl impact is anticipated to result from erosion on the project site as long as standard erosion control measures are followed. Mitigation or Avoidance: This impact will be reduced and mitigated by the following mitigation measure(s): 2. Prior to the issuance of a grading permit for the proposed project, a soils foundation analysis shall be completed by a qualified soils engineer as required by Section III, Policy 16 of the Gilroy General Plan. The scope of this report shall be determined by the City Engineer and Public Works Director and shall include analyses of liquefaction potential at the location of each proposed structure. Recommendations from this report shall be incorporated into the grading plans for the proposed project and shall be subject to the review and approval of the Public Works Director. (Southpoint DEIR, pg. iii). 3. Construction of the pLOposed project should be undertaken during the dry season (April 15- October 15). If construction of the proposed project is undertaken during the wet season (October 15 -April 15) or any portion thereof, the project proponent - 2 - 1 t E7 ' r shall prepare an erosion control plan. The erosion control plan shall incorporate the use of straw bales at discharge areas and in swales as well as the use of seeding and hydromulching where appropriate. The erosion control plan measures shall be subject to review and approval by the City Engineer and Public Works Director before a grading permit is issued. (Southpoint DEIR, pg. iii). Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. C. HYDROLOGY: 3. Significant Effect: The proposed project will increase the amount of surface -water run -off on and off the project site. The Ronan Channel has sufficient capacity to accommodate the surface -water run -off from the project site based on buildout of the site under its existing general plan designation of Industrial Park. Since the roughness coefficient used to determine the area of impervious surface is the same for both industrial and commercial uses (.80), construction of commercial uses on the project site is not anticipated to result in a net increase in surface -water run -off on the project site over that projected for industrial uses. Therefore, the proposed project will not exceed the capacity of the Ronan Channel. The proposed project has the potential to exceed the existing storm -drain infrastructure, both on the project site and in the vicinity of the project site, connecting to the Ronan Channel. Significant adverse impacts such as flooding on and off the project site could result if adequate storm drain improvements are not implemented. This is a potentially significant impact. Surface -water run -off from the project site, like that from any typical commercial development, is expected to-.contain minor concentrations of a variety of pollutants. These include oil and grease, nutrients, minor concentrations of pesticides from landscaping, and heavy metals from road and parking area pavements. The types and concentrations of contaminants are ultimately dependent upon the specific activities that occur on the project site. The proposed project could, therefore, create significant impacts associated with downstream pollution. Mitigation or Avoidance: This impact will be reduced and mitigated by the following mitigation measure(s): 4. The construction drawings for the proposed project shall include an infra - structure plan which details the type, size, and location of the on -site drainage facility and the off -site drainage facility improvements. These improvements shall include culverts, channels, and detention basins where necessary to accommodate storm flows from the project site. In addition, the infrastructure plan shall include grease traps to collect run -off pollutants from the project site. The precise type, size, and location of all infrastructure improvements shall be determined by the Public Works Director before a grading permit is issued for the proposed project. (Southpoint DEIR, pg. iV). 5. Approval for the proposed project shall state that the project will not exceed the capacity of the Ronan Channel. This approval shall be obtained from the Santa Clara Valley Water District before a grading permit is issued for the proposed project. (Southpoint DEIR, pg. iv). Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the potentially significant environmental effect as identified in the final EIR. - 3 - D. TRAFFIC: 4. Significant Effect: The proposed project, when combined with the development of background projects which are planned for completion in the next two years will result in a reduction below level of service (LOS) C for three street segments during both weekday operations and weekend operations. This is considered to be a significant adverse impact. The proposed project, when combined with development of background projects, will result in a reduction below LOS C for two intersections in the project study area during weekday operations, and a reduction below LOS C for five intersections during weekend operations. This is considered to be a significant adverse impact. Mitigation or Avoidance: This impact will be reduced and mitigated by the following mitigation measure(s): 6. Widen Arroyo Circle to a six lane arterial between Leavesley Road and Camino Arroyo. (Southpoint DEIR, pg. v.). 7. Add a third northbound left turn lane on Arroyo Circle at Leavesley Road. (Southpoint DEIR, pg. v.). 8. Modify signal at Leavesley Road and Arroyo Circle. (Southpoint DEIR, pg. v.). 9. Add separate left- and right - turn lanes on Camino Arroyo. (Southpoint DEIR, pg. v.). 10. Signalize the Arroyo Circle /Pacific West Outlet Mall / Camino Arroyo intersection. (Southpoint DEIR, pg. v.). 11. Allow left turns from the eastbound Pacific West Outlet Center right -turn exit lane. A separate right -turn lane should be provided. (Southpoint DEIR, pg. v.). In addition, the applicant must contribute a proportionate share to the following mitigation measures: 12. Widen Leavesley Road to a six lane divided arterial between Murray Avenue and Arroyo Circle. (Southpoint DEIR, pg. v,). 13. Add a second westbound left turn lane on Leavesley Road at the southbound Highway 101 ramps. (Southpoint DEIR, pg. v.). 14. Modify signal on southbound Highway 101 off -ramp at Leavesley Road. (Southpoint DEIR, pg. v.). 15. Modify signal on San Ysidro /northbound Highway 101 off -ramp at Leavesley Road. (Southpoint DEIR, pg. v.). 16. Add southbound merge lane on southbound Highway 101 on -ramp. (Southpoint DEIR, pg. v.). 17. Add third southbound left -turn lane on southbound Highway 101 off -ramp. (Southpoint DEIR, pg. v.). 18. Add 10 foot sidewalks along both sides of Leavesley Road between Murray Avenue and Arroyo Circle where none exist. (Southpoint DEIR, pg. v.). 19. Provide a second southbound right -turn lane on the Highway 101 southbound off -ramp at Leavesley Road. (Southpoint DEIR, pg. vi.). 20. Add a northbound right -turn lane on Monterey Road at Leavesley Road. (Southpoint DEIR, pg. vi.). 21. Add second eastbound and westbound Welburn Avenue/ Leavesley Road through lanes at Monterey Road. (Southpoint DEIR, pg. vi.). 22. Add an exclusive westbound right -turn lane on Leavesley Road at Monterey Road. (Southpoint DEIR, pg. vi.). 23. Modify the Monterey Road/Welburn Avenue - Leavesley Road, traffic signal and "railroad grade crossing to accommodate additional channelization. (Southpoint DEIR, pg. vi.). 24. Consideration should be given to installing a second westbound left -turn lane on Leavesley Road at Monterey. This will be required for future development scenarios. (Southpoint DEIR, pg. vi.). 25. Add additional northbound left -turn lane on northbound off -ramp from Highway 101. (Southpoint DEIR, pg. vi.). 26. Add second westbound left -turn lane on Leavesley Road at Murray Avenue. (Southpoint DEIR, pg. vi.) 27. Restripe Leavesley Road to six lanes between Monterey Road and Murray Avenue (Southpoint DEIR, pg. vi.). Finding: Changes or alterations have been required in, or • - 4 - incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. E. AIR QUALITY: 5. Significant Effect: Construction of the proposed project would result in the emission of 67.6 pounds per day of TOG, 637.5 pounds per day of CO, and 135.6 pounds per day of NOx. The emission levels for CO exceeds the BAAQMD standards for new commercial projects of 550 pounds.per day of CO. This emission level is considered to be a significant adverse impact. Due to the relative lack of urban development in the immediate vicinity of the project site, short -term uncontrolled PM10 emissions would not create a significant impact on sensitive receptors. However, construction workers on the project site could be subject to undue PM10 exposure if dust - suppression measures are not implemented. It is anticipated that the proposed project will reduce particulate emissions from the project site in the long term. Mitigation or Avoidance: This impact will be reduced and mitigated by the following: The project applicant shall prepare an emission reduction program in order to minimize the vehicle - related pollutant emissions generated by the proposed project. This program shall be subject to approval by the Planning Director before a grading permit is issued for the proposed project. The program shall, at a minimum, consist of the following measures: 28. Develop an employee rideshare /vanpool program. This program shall include provision for preferential carpool /vanpool parking, designation of an employee transportation /rideshare coordinator, and submission of evidence to the Planning Director of the program's promotion among employees. (Southpoint DEIR, pg. vii). 29. Encourage the use of bicycles for transportation by providing adequate and secure storage for both employee and customer bicycle users on the project site, as well as -employee shower and locker facilities.(Southpoint DEIR, pg. vii). 30. Cooperate with the City of Gilroy and, if the city deems necessary, with the proponents of other proposed commercial projects in the project site vicinity, in contacting the Santa Clara County Transportation Agency (SCCTA) concerning the establishment of bus service to the project site. The contractor specifications for the proposed project shall be submitted to the Building Director for approval before a grading permit is issued for the proposed project. The contractor specifications shall include the following particulate emission reduction measures: (Southpoint DEIR, pg. vii). 31. Exposed earth surfaces shall be watered during clearing, excavation, grading, and construction activities. Watering of exposed earth surfaces could reduce particulate emissions as much as 50 percent. All construction con tracts should require watering in late morning and at the end of the day. The frequency of watering sho�ild increase if wind speeds exceed 15 miles per hour. (Southpoint DEIR, pg. vii). 32. Throughout excavation activity, haul trucks should use tarpaulins or other effective covers at all times. (Southpoint DEIR, pg. vii). 33. Upon completion of construction, measures shall be taken to reduce wind erosion. Revegetation and repaving should be completed as soon as possible. (Southpoint DEIR, pg. viii.). Finding: The City Council finds that the mitigation measures adopted above will partially mitigate this impact. To the extent that the impact is not mitigated to a level of insignificance, specific economic, social, or other considerations make infeasible other mitigation measures or project alternatives identified in the DEIR_ (See Section II, analysis of - 5 - Project Alternatives, and Section III, Statement of Overriding Considerations, below.) F. AESTHETICS: 6. Significant Effect: Construction of the proposed project in Area One will have a limited effect on views of persons travelling east on Leavesley Road but will be prominent to persons travelling west on the road. With implementation of the mitigation measures listed below, the proposed project is not anticipated to create a significant adverse impact on visual resources in the vicinity of Area One. Since the construction of the proposed project on Area Two will contribute to an overall increase in the unity of view from both Highway 101 and Arroyo Circle, the project is not anticipated to create an adverse impact on visual resources from these two public viewpoints. Mitigation or Avoidance: This impact will be reduced and mitigated by the following mitigation measure(s): 34. Conceptual and final project siting, architectural, and landscaping plans for each structure on the project site shall be subject to review and approval by the city Architectural and Site Review Committee and Planning Director before a grading permit is issued for the proposed project. (Southpoint DEIR, pg. viii). 35. The landscape plan for the proposed project shall conform to the Consolidated Landscaping Policy of the City of Gilroy and shall be reviewed and approved by the Planning Director before a building permit is issued. Specific requirements contained in this policy, which are pertinent to the proposed project, include the following: a. Landscaping shall be provided within development areas most visible from adjacent streets. b. A minimum 10- foot -wide planter area, in addition to the public right -of -way, shall be provided along each street frontage. c. At least eight percent of the gross land area, in addition to public right -of -way, shall be landscaped. d. All portions of the site with over 40- square -feet in area and not specifically used for parking, driveways, walkways or similar access, shall be landscaped. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the potentially significant environmental effect as identified in the final EIR. G. NOISE: 7. Significant Effect: Due to the proximity of Area One to Leavesley Road and Area Two to Highway 101, noise levels at public use areas could exceed city noise standards and depending on placement of structures and provision of buffers on the project site, result in a significant adverse impact. Mitigation or Avoidance: This impact will be reduced and mitigated by the following mitigation measure(s): 36. The applicant shall prepare and submit a building- design noise analysis for all proposed structures on the project site. This analysis should indicate structural, noise - attenuation measures which will reduce interior and exterior noise to acceptable levels. This study shall be reviewed and approved by the Planning Director before a building permit is issued for the project. (Southpoint DEIR, pg. viii). Finding: Changes or alterations have been required in, or incorporated "into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. ., - 6 - H. LAND USE COMPATIBILITY - AGRICULTURAL LAND USE: 7. Significant Effect: Use of lands adjacent to the project site for agricultural purposes could create adverse health impacts and property damage thus adverse impacts are associated with herbicides, pesticides, fertilizers and particulates on the project site. Since most land adjacent to the project site has been designated for urban uses in the future, these adverse impacts may not occur. However, the 55 -acre parcel, which is adjacent. to Area One of the project site, is not proposed for urban uses in the near future. Therefore, portions of this parcel in the immediate vicinity of Area One could be used for agricultural production. Mitigation or Avoidance: This impact will be reduced and mitigated.. by the following mitigation measure(s): 37. Specific project design o ne de a 50 -foot buffer betw;een any area where 1 es, herbicides or fertilize d. is s all be indicated on the project site plan which shall b y Director and Building Director a grading permit is issued for the propose ct. (Sou IR, pg. ix). Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the potentially significant environmental effect as identified in the final EIR. I. PUBLIC SERVICES: Water Services 8. Significant Effect: The use of ground water resulting from implementation of the proposed project could contribute to the lowering of the water table in the Llagas Groundwater Basin. However, according to the SCVWD, the use of 20.2 acre -feet of water - per -year on the project site will not result in a significant adverse impact--with regard to ground -water use, since the entire Llagas Groundwater Basin supplies approximately 45,000 acre -feet of water per year for the area. The Gilroy city water system has a peak daily capacity of 11.5 million gallons. Based on the 1990 peak city water demand of 9.5 million gallons -per- day, adequate capacity exists to accommodate the projected daily demand of 15,748 gallons - per -day of water to be used by the proposed project. Mitigation or Avoidance: This impact will be reduced and mitigated by the following mitigation measure(s): 38. A deed restriction should be placed on the entire project site which would require that water - conserving fixtures be used for all structures built on the project site. The deed restriction should be recorded with the City Clerk and proof of recording should be provided to the Planning Director and Building Director before a building permit is issued for the pro posed project. The deed restriction should require that the following fixtures be installed in all structures. a. Ultra -low -flush toilets. Ultra -low -flush toilets are defined as toilets that use a maximum of 1.6 gallons of water per flush. (Southpoint DEIR, pg. x). 39. Only native drought - tolerant species of plants, shrubs and trees which are included on the Gilroy water- conserving plants and landscapes list should be planted on the site. A list of all species of vegetation to be planted on the project site should be submitted to the Architectural and Site Review Committee and Planning Director along with the project landscape plan. (Southpoint DEIR, pg. x). Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the less - than- significant environmental effect as identified in the final EIR. - 7 - n i n F, s°, 7 Police Service 9. Significant Effect: The proposed project is not anticipated to cause an adverse impact with regard to existing personnel and equipment used by the Gilroy Police Department. Adverse impacts may result from the use of parking facilities on the project site by truck drivers or other unwelcome users. Mitigation or Avoidance: This impact will be reduced and mitigated by the following mitigation measure(s): 40. In addition to complying with the parking requirements for commercial and retail uses included in Section 31 of the City of Gilroy Zoning Ordinance, the applicant shall configure on -site parking facilities in a manner which discourages parking of large trucks or other vehicles larger than those that can fit in standard -sized parking spaces. The configuration shall be illustrated in the project site plan, which will be reviewed by the Architecture and_Site Review Committee, and shall include the following specific measures: a. Utilize landscaped medians to remove any extra lot area. This will prevent large vehicles from parallel parking in paved areas not designated for parking use. b. Supply each parking space with a wheel stop to prevent large vehicles from using two parking spaces. c. The applicant shall supply adequate all day and employee parking facilities. (Southpoint DEIR, pg. xi.). Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the less - than- significant environmental effect as identified in the final EIR. Fire Service 10. Significant Effect: The proposed project will place an additional demand on personnel and equipment on both the Fire Prevention Bureau and the Operations Division of the Gilroy Fire Department. The public safety impact fees to be paid by the project applicant will be sufficient to offset the additional demands on equipment needed by the proposed project. However, demands on personnel are not supported by public safety impact fees. In the absence of additional funding, i.e., from a general assistance district fund, the proposed project would have a significant adverse impact on fire services. Mitigation or Avoidance: This impact will be reduced and mitigated by the following mitigation measure(s): 41. The Gilroy Fire Chief shall be contacted after a detailed site plan for the proposed project is submitted in order to ensure that there are adequate resources to fund additional fire services to the project. The Building Director shall not issue a grading permit for the proposed project if adequate fire service to the project site is not available. (Southpoint DEIR, pg. xi.). Finding: Changes or alterations have been required in „ or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. J. SCHOOLS: 11. Significant Effect: The proposed project may result in an increase in the number of residents in Gilroy due to the hiring of employees on the Project site. Since this would result in an increase in school -age children within the Gilroy Unified School District, significant adverse impacts could result if adequate capacity is unavailable for additional students. Mitigation or Avoidance: This impact will be reduced and mitigated - 8 - by the following mitigation measure(s): 42. Before a building permit is issued for any structure on the project site, the applicant shall submit evidence to the Planning Director that the fee requirements of the Gilroy Unified School District have been met and that adequate school capacity is available for new students. (Southpoint DEIR, pg. xii.). Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the potentially significant environmental effect as identified in the final EIR. K. ARCHAEOLOGICAL RESOURCES 12. Significant Effect: The project area does not contain surface evidence of potentially significant cultural resources. This conclusion is based on background research and surface reconnaissance. However, because unidentified buried cultural resources may be found during project construction, standard mitigation is recommended in the event of significant, cultural- resource discovery. Mitigation or Avoidance: This impact will be reduced and mitigated by the following mitigation measure(s): 43. If archaeological resources or human remains are accidentally discovered during construction, work shall be halted within 150 feet of the find until it can be evaluated by a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented before construction is resumed. Such mitigation shall be subject to approval by the Planning Director. (Southpoint DEIR, pg. xii.). Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the potentially significant environmental effect as identified in the final EIR. II. PROJECT ALTERNATIVES: A. No Proiect Alternative (environmentally preferable alternative.) Alternative: The No Project Alternative consists of leaving the site in its present condition. (DEIR p. 80) Statement Of Fact: There is currently a shortage of vacant land designated on the General Plan for commercial uses available in Gilroy (Planning Department Staff Report, GPA 90 -07). The no project alternative is inconsistent with the existing General Plan designations, which allow development of the site. Finding: The City Council finds that there is a need to increase the supply of commercial enterprises in the City (in a range providing for a variety of family sizes, income levels and age groups) in order to accommodate the City's growing population. The No Project Alternative would not meet the City's immediate need for increased commercial development. The City Council thus finds that the No Project Alternative is not desirable. This alternative is not "feasible" as defined in Section 15364 of CEQA Guidelines because it is not capable of being accomplished in a successful manner taking into account economic, social, and legal factors. Specific economic, social, or other considerations make infeasible this project alternative identified in the DEIR. (See also Statement of Overriding Considerations, Section III, below.) B. Santa Teresa Boulevard Site Alternative. Alternative: The Santa Teresa Boulevard Site Alternative consists of leaving using the site in its at the southeast corner of Santa Teresa Boulevard and First Street. (DEIR p. 81) .C"", - 9 - i�1414PAGE Statement Of Fact: The alternative site does not have access to or visibility from Highway 101, and therefore would not attract a high percentage of customers from other parts of the region. In addition, the applicant does not own this alternative site. Finding: The alternative site would not fulfill the objectives of the proposed project of providing profitable retail outlet services because the alternative site is not near Highway 101. This alternative is not "feasible" as defined in Section 15364 of CEQA Guidelines because it is not capable of being accomplished in a successful manner taking into account economic, social, and legal factors. Specific economic, social, or other considerations make infeasible this project alternative identified in the DEIR. (See also Statement of Overriding Considerations, Section III, below.) III. OVERRIDING CONSIDERATIONS An unavoidable significant adverse environmental impact is a significant adverse impact which cannot be mitigated to a level of insignificance. The City Council finds that the air quality impact referenced in the Final Environmental Impact Report and summarized in Section I.E. of these findings, while lessened through proposed mitigation measures, cannot be mitigated to a level of insignificance. The City Council hereby finds that the benefits of the proposed project nonetheless outweigh the unavoidable significant adverse environmental impact. Accordingly, the impact is considered acceptable because: 1. The decrease in air quality could only be partially mitigated by scaling down the proposed development. Of the identified alternatives, only the no- project alternative would reduce the impact to a level of insignificance. The project alternatives are infeasible or will not avoid or substantially lessen the one remaining significant effect for the reasons stated in Section II. 2. The mitigation necessary to further reduce this significant environmental effect, beyond what is already proposed in Section I.E., to a level of insignificance would impose constraints on the development of the proposed project, including its size and density, that would make the project economically infeasible. 3. The City will realize specific and significant social, economic and other benefits from the approval and development of the project, such as increasing the variety of commercial enterprises in the City to accommodate the City's growing population. Denying the project, adopting the no- project ` alternative, or requiring further mitigation would prevent or inhibit the City from realizing these benefits. M 344PAGE ! 163 EXHIBIT "B" INDIVIDUAL IMPROVEMENT FINANCIAL CONTRIBUTIONS NUMBERING SYSTEM IN CONDITIONS OF APPROVAL SOUTHPOINT TOTAL IMPROVEMENT SOUTHPOINT SOUTHPOINT B. COST SHARED BY SOUTHPOINT PARCELS 1 AND OUTLET YSIDRO COMMERCIAL 12. Widen Leavesley Road to a COMMERCIAL COMMERCIAL SAN YSIDRO PHASES TOTAL $22,443 DESCRIPTION PARCEL 1 PARCEL 2 COMMERCIAL I & II COST on southbound Hwy. 101 on- items E, F of O, L, M, ramp (i of Cost Spread j of P, & Q). A. COST SHARED BY SOUTHPOINT COMMERCIAL PARCELS 1 AND 2 $456,662 $0 13. Add a second westbound left 17. Add third southbound left 6. Widen Arroyo Circle to a turn lane on southbound at the southbound Hwy. 101 Hwy. 101 off -ramp (Cost six lane arterial between ramps (Included in No. 12 Spread item 0). $8,478 above). $0 Leavesley Road and Camino $0 $0 both sides of Leavesley Road Arroyo (Cost Spread Items between Murray Avenue and Arroyo Circle where none B, C & E). $148,969 $163,866 $0 $0 $312,835 7. Add a third northbound $0 ----------------------------------------------------- ----------------------------------------------- LEAVESLEY TOTAL $290,474 $319,521 - - - - -- left turn lane on Arroyo Circle at Leavesley Road (included in No. 6 above). $0 $0 $0 $0 $0 S. Modify signal at Leavesley Road and Arroo Circle y (Cost Spread item D). $30,953 $34,047 $0 $0 $65,000 9. Add separate left- and right -turn lanes on Camino Arroyo (Cost Spread item A). $29,286 $32,214 $0 $0 $61,500 10. Signalize the Arroyo Circle/ Pacific West Outlet Mall/ Camino Arroyo intersection (Cost Spread item S). $27,143 $29,857 $0 $46,000 $103,000 11. Allow left turns from the eastbound Pacific West Outlet Center exit lane. A separate right turn lane should be provided (Cost borne by Outlet Phases I & II) $0 $0 $0 $0 $0 SOUTHPOINT TOTAL $236,351 $259,984 $0 $46,000 B. COST SHARED BY SOUTHPOINT PARCELS 1 AND 2 PLUS SAN YSIDRO COMMERCIAL 12. Widen Leavesley Road to a at Leavesley Road (Cost six lane divided arterial Spread Item H). $22,443 between Murray Avenue and 16. Add southbound merge lane Arroyo Circle (Cost Spread on southbound Hwy. 101 on- items E, F of O, L, M, ramp (i of Cost Spread j of P, & Q). $229,545 $252,499 $456,662 $0 13. Add a second westbound left 17. Add third southbound left turn lane on Leavesley Road turn lane on southbound at the southbound Hwy. 101 Hwy. 101 off -ramp (Cost ramps (Included in No. 12 Spread item 0). $8,478 above). $0 $0 $0 $0 14. Modify signal on southbound Hwy. 101 off -ramp at Leavesley Road (Cost Spread item H). $21,870 $24,057 $54,073 15. Modify signal on San Ysidro/ $20,983 $0 $19,197 Northbound Hwy. 101 off -ramp at Leavesley Road (Cost Spread Item H). $22,443 $24,687 16. Add southbound merge lane on southbound Hwy. 101 on- ramp (i of Cost Spread item P). $8,139 $8,953 17. Add third southbound left turn lane on southbound Hwy. 101 off -ramp (Cost Spread item 0). $8,478 $9,326 18. Add 10 foot sidewalks along both sides of Leavesley Road between Murray Avenue and Arroyo Circle where none exist (Included in No. 12 above). $0 $0 ----------------------------------------------------- ----------------------------------------------- LEAVESLEY TOTAL $290,474 $319,521 - - - - -- $0 $52,871 $0 $20,983 $0 $19,197 $0 $542,335 $938,706 $0 $100,000 $100,000 $38,075 $37,000 $0 $0 $0 ---------------------------------- $603,786 $0 $1,213,781 ---------------------------- - - - - -- GRAND TOTAL $526,825 $579,505 $603,786 $46,000 $1,756,116 EXHIBIT 'C' RESOLUTION NO. 92-6 M344PAGE 1. 164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF'GILROY MAKING CERTAIN FINDINGS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND APPROVING GPA 90 -06, AMENDING THE GILROY GENERAL PLAN MAP TO CHANGE THE DESIGNATION FROM VISITOR SERVING COMMERCIAL AND GENERAL INDUSTRIAL TO GENERAL SERVICES COMMERCIAL ON AN APPROXIMATELY 49 -ACRE PROPERTY LOCATED ON ARROYO CIRCLE, AND AMENDING THE GENERAL PLAN TEXT TO ELIMINATE SPECIFIC PLAN AREA 3A FROM APPENDIX B WHEREAS, Southpoint Business Park Associates has submitted GPA 90 -06, to amend the Gilroy General Plan map to change the designation from Visitor Serving Commercial and General Industrial to General Services Commercial on an approximately 49- acre property located on Arroyo Circle, south of.Leavesley Road and east of U.S. 101, and to amend the General Plan text to eliminate Specific Plan Area 3a from Appendix B; and WHEREAS, the City caused to be prepared under 'its direction and control and pursuant to the requirements of, the California Environmental Quality Act Draft and Final Environmental Impact Reports ( "EIR") for project; and WHEREAS, the EIR was reviewed and considered by the Planning Commission and the Planning Commission held a duly noticed and advertised public hearing on the 2nd day of January, 1921 and after that public hearing the Planning Commission did unanimously vote to recommend that the City Council find the EIR to be complete and in compliance with CEQA and then did unanimously adopt Resolution No. 92 -3 making certain findings and recommending that the City Council approve GPA 90 -06; and WHEREAS, the City Council has on the 21st day of January, 1992, conducted a duly noticed and advertised public hearing and after that public hearing did certify that the Final EIR has been completed in compliance with CEQA, and the Final EIR was presented to the City Council and the City Council reviewed and Considered RESOLUTION NO. 92 - 6 _1_ 4s4PA IrS E 65 the information contained in the Final EIR prior to taking action on GPA 90 -06; NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council hereby makes the findings regarding project impacts and project alternatives, and adopts the statement of overriding considerations, all as set forth in a portion of the attached Exhibit "A", incorporated herein by this reference; and B. The mitigation monitoring program required by Public Resources Code section 21081.6, attached to this Resolution as a portion of Exhibit "A" and incorporated herein by this reference, is hereby adopted; and C. The City Council concurs with the findings of the Planning Commission and further finds that: 1. The City has properly taken all actions required by the California Environmental Quality Act; and 2. The adoption of GPA 90 -06 is in the public interest; and D. GPA 90 -06 should be and hereby is approved, so that the Gilroy General Plan map is amended to change the designation from Visitor Serving Commercial and General Industrial to General Services Commercial on an approximately 49 -acre property located on Arroyo Circle, south of Leavesley Road and east of U.S. 101, and w -2- RESOLUTION NO. 92 - 6 44PA E the General Plan text is amended to eliminate Specific Plan Area 3a from Appendix B. PASSED AND ADOPTED this 21st day of January 199 2 by the following vote: AYES: t COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ATTEST: /s/ SUSANNE E. STEINMETZ City Clerk RESOLUTION NO. 92 - 6 APPROVED: /s/ DONALD F. GAGE Mayor -3- or •