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Resolution 1999-44 '. . RESOLUTION NO. 99-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY MAKING CERTAIN FINDINGS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION WITH A SPORTS PARK COMPLEX AND A REQUEST FOR URBAN SERVICE AREA EXPANSION TO ALLOW THE DEVELOPMENT OF THE SPORTS COMPLEX FOR WHICH AN ENVIRONMENTAL IMPACT REPORT HAS BEEN PREPARED, AND ADOPTING MITIGATION MEASURES AND APPROVING A MITIGATION AND MONITORING PROGRAM FOR THE PROJECT (USA 98-03) WHEREAS, the City of Gilroy initiated an Urban Service Area expansion application to incorporate 133.2 acres ofland into Gilroy's Urban Service Area (the Project), and WHEREAS, the California Enviromnental Quality Act of 1970, as amended, (CEQA) requires that, in the approval of a project for which a Final Enviromnental Impact Report (FEIR) has been prepared, the decision-making body shall review the FEIR and make certain findings regarding the significant effects on the enviromnent identified in the FEIR; and WHEREAS, the Project was the subject of a FEIR entitled "Gilroy Sports Park and Urban Service Area Amendment (USA 98-01) Draft Enviromnental Impact Report" and "Gilroy Sports Park and Urban Service Area Amendment (USA 98-01) Final Enviromnental Impact Report Addendum" prepared by the City of Gilroy as the Lead Agency in compliance with the requirements ofCEQA; and WHEREAS, said FEIR was recommended for certification by the City of Gilroy Planning Commission on May 6, 1999; and WHEREAS, the City Council of the City of Gilroy is the decision-making body for Urban Service Area expansion approvals; and IKHM\446378.01 91.060204706002 -1- RESOLUTION NO, 99-44 . . WHEREAS, the City Council on May 17, 1999, certified that as the decision-making body, it reviewed and considered the information contained in the FEIR, and other information in the record, prior to acting upon or approving the Project, and found that the FEIR had been completed in compliance with CEQA and reflected the independent judgment and analysis of the City of Gilroy as Lead Agency for 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. 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, THE CITY COUNCIL DOES HEREBY I. Make the findings with respect to the potentially significant and significant effects on the enviromnent of the Project as identified in the FEIR, attached hereto as Exhibit A and incorporated by this reference. 2. Adopt the mitigation measures as set forth in the FEIR, and the Mitigation and Monitoring Program as set forth in the FEIR, attached hereto as Exhibit B and incorporated herein by this reference. 3. After review of the entire administrative record, including the FEIR, the staff report, and the oral and written testimony and evidence presented at public hearings, find that specific economic, legal, social, technological and other considerations justify the approval of this project in spite of the existence of an unavoidable enviromnental effect that was deemed significant and that cannot be completely mitigated to a level of significance as set forth in Finding IIA regarding agricultural considerations, The City Council adopts and IKHM\446378.01 91.060204706002 -2 - RESOLUTION NO. 99-44 . .' makes a Statement of Overriding Consideration regarding the significant unavoidable impact of the project, finding that each of the benefits set forth in the Statement, attached hereto as Exhibit C and incorporated herein by this reference, constitutes a separate and independent ground for finding that the benefits of the Project outweigh the risks of its potential significant adverse enviromnental impact. 4. Reject the Alternatives to the Project described in the FEIR for the reasons set forth in Exhibit D, attached hereto and incorporated herein by this reference. PASSED AND ADOPTED this 7TH day ofJune, 1999 by the following vote: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, and GILROY ARELLANO NONE AYES: COUNCILMEMBERS: APPROVED: l~ ~~~ K.A. Gilroy, Mayor \ ATTEST: ~~. Rhonda Pellin, City Clerk IKHM1446378.01 91-060204706002 -3- RESOLUTION NO. 99-44 06/07/99 MON 09:34 FAX 408 846 O~OO ~002 CITY OF GILROY . . Exhibit A I. Findings of Potentially Significant and Environmental Impact. Significant A. Hvdrnlo.gy. 1. On.Site Flood FlOWRze a) p~ Sigoilkant Impact: SCVWD holds a flood fiowage e&l''''''->llhat restricts land use iu>d development on a large portion of the project site. Inappropriate developrneot within this easement could put slructurcs at risk of damage and people at risk of i11iury or death from storm-related f100diDg. b) MitlgatioD Measure: The City shall have a hydrology report prepared for the project by a qualilled bydrologist or engineer, to address hydrology-related design requirements for the site and buildings, subject 10 the review pnd approval of the City of Gilroy Engineering Division and SCVWD prior to issuance of a grading permit. All grading, design or o1her recommendations of 1his report shall be incolporallld into project plans. c) Flodin:: Implemeotarion of the above mitigation measure would reduce this impact 10 a less !ban significant level. 2. Surface Water Q1Jality - Construction 8) SigolficaDt Impact: During coostruclion, grading will eKjlOSe sediments to rain or wind erosion aod subsequeot tmnsporlBlion of sediments to 1I1e Uvas Creek, Pajaro River and Monterey Bay. Materials used and wastes generated dwing colllltruction would degrade ware.- quali1;y also. Deveiopmem of the sports park would increase the amount of nmoff from the site under some weather conditions by adding new impervious surfaces and would geI1ml1e non-point source poDutants from newly established urban activity at the project site, b) Miligadoo Measures: The City shall, for each phase of the project, submit a Notice of Inteot (NO!) and detailed e<18ineering designs to 1he Central Coast RWQCB. This permit shalJ require development and implementation of a swppp that uses stoun water "Best Management Pnlctices" 10 control runoff, erosion and sedimentation from the site. The swppp must include Best Management Pmctices that address source reduction and. if necesslIIy, shaD include practices 1bat require treatment. The SWPPP shall be submitted to the City of Gilroy Engineering Division for review and approval prior to approval of a grading permit for each phase of the project The City shaD submit p\ans for review by, and obtain an approved permit from the Santa Clara V8IIey Water District (SCVWD) prior to approval ofa grading permit for each phase of the project c) . FInding: Implementation of the above mitigation measures would reduce this impact to a less than significant level. 06/07/99 MON 09:34 FAX 408 846 O~OO . CITY OF GILROY 141 093 . F....... "'",""_ _ .......(t1SA....,3) 2 3. surra... Water Quality - Park OperatiOD a) J'ot-fl..1ty Slgaificaatlmpuh Opmdion of1he Gi1roy Sports Park will introduce new urban pollutants II) the project silll, These contaminants could be transported to the drainage system. polluting downstream water syslelns. . b) MItlJatloD Mealu....: Project plans, subject to the review and approval of the City of Oilroy PlanniDg Division, shall include a sedimentation basin adequate of filtering out heavy stonn water contaminants ~h as silt, and grease traps suitable for filtering out other urban pollutanis to the extent feasible. The sedimentation basin and grease trap shall be designed subject to the review and approval of the City of Oilroy Engineering Division B!1d sball be instalIed at the lime 1hat the stonn water out-fall is constructed. c) Fiodinl:: ImpIementalion of1he above mitigation measure would reduce this impact to a less than significant level. B. Biologjcal Resources. 1. IDvaslve Plant Species a) Potentially Signilieant Impact: The riparian habitat along Uvas Creek could be affected by the presence of non-native, invasive plant species. b) Mitigation Measure: Project plans, subject to review and approval by the City of Gilroy PIanoina Division, shall include a babitm buffer designed 10 include appropriate native plant species and shall not include plantings of non-native, invasive plant species. The cum:ndy IllIVeaeta1ed portion of1he j()..foot (minimum) buffer area west of the traiJ shall be planted with 10calIy-obtained native grass, shrub and riparian species, Wherever possible, the east side of the trail shall be planted with native grasses or other native species to provide additional native habitat before giving rise to the turf alhletic fields. c) Finding: Implementation of the above mitigation measures would reduce this impact to a Jess than significant level. 2. Loss of Slgnilic:ant Trees a) Potentially SignirK>lllt lmpaet: Some of the tree8 along the north side of Thomas Road-Luchessa Avenue, along the north side of Mesa Road, and through riparian babitat leading to and from the proposed pedestrian bridge may be considered "significant" trees that might be mnoved or il\iured during construc1ion activities. b) Mitigation MeaIures: Prior 10 the removal of any significant tree(s), a field Slmey shall be conducted by a cenified arhorist to determine the number and 1000000n of each signifioant tree to be removed, 1he type and approximate size of each significant tree, and the reason for removal. These findiogs sbaII be included in a written report 1hat contains specifications for replacing signi1lcan11rces to be removed. The written report shall be prepared prior 10 the COllllllmOlllllelt of grading activities 1hat take place along the north side of Thomas Road-Luchessa AvCllUe, aIoog !be nor1h side of Mesa Road. and through the riparian habitat leadinj to and from the proposed pedestrian bridge, subject 10 approval by the City ofGi1roy Planning Division. 06/07/99 MON 09:~5 FAX 408 846 O~OO . ~004 CITY OF GILROY . F........ofSip;&anl__(U5A~~3) 3 Prior to d>e commencement of construction activities, the protected zone (one to 1.5 times the dis1ance from the tnmk 10 the dripline,depending on the tree .species) of any trees or groups of trees 10 be retained sbalI be fenced 10 prevent injwy 10 the trees during cons1ruction. Soil complll:tion, parking of vehicles or heavy equipment, stockpil.ing of construction materials, and/or dumping of materials sha11 not be allowed within the protected zone. The fenciOB shall remain in place untiI all construction activities are oomplete, The trees or groups of trees to be fenced shall be indicated in a wriUen report prepared subject 10 approval by the City of Gilroy Planning Division. c) Findin:: Implementation of the above mitigation measures would reduce this impact to a less than significant level. 3. Riparian Habitat a) Signific:antlmpact: Construction of the pedestrian bridge over Uvas Creek. could disturb riparian woodland habitat. b) Mitigation Measure: Prior to commencement of trail construction activities the C~ of Gilroy Planning Division shall have a qualified biologist pr"P"'" a Habital Mitigation Plan for approval by the City of Gilroy lIIId the California Department of Fish end Game, The Habitat Mitigation Plan shall identifY 1he exact IIDOUIII and location of impacted and replacemem habitat, and sbalI specil}' the use oflocally-obtained native riparian species. Any loss of riparian woodland vegetation resulting from Uvas Creek trail construction activities shall be mitigated on-site within the 50-foot (minimum) habitat buffer at a minimum 3:1 replacement ratio. c) Fiodlnr:: Implementation of the above mitigation measures would reduce this impact 10 a less ~ significant level. 4. Riparian Habitat a) Significant Impact: Construction of the pedestrian bridge over Uvas Creek could introduce till material into the creek and/or increase turbidity in the creek and interfere substantially with the movement of Sleelhead as well as other fish and aquatic wildlife. b) Mitigation .Measures: Prior to the commencement of bridge COIIlItruction activities, a Section 1603 Streambed Alteration Agreement sha11 be obtained from the California Depanmerrt of Fish lUId Game. Compliance with this mitigation measure may include, but not be limited 10, the following: · Bridge ClllDSlruolion woJlc shall be initiated and completed during the SIIIDD3el' and liIlI months when this portion of the creek is dry, or at least has a Vel)' low flow, 'JYpicalIy, no construction work shall be allowed in the creek betweml October 15 and early JWle, · From June 10 October 15, when COlI$truction is allowed. if any water is flowing in the creek, lhe flow shall be diverted into an open, gravel-lined bypass channel for the duration of the bridge construction work. 06/07/99 MON 09:35 FAX 408 846 O~OO . ~oo~ CITY OF GILROY . F'UJdiDpots~:sn,,:._ _I Im.pact(USA9S-03) . Priorto co~ent of bridge ~onstrud:ion activities the City shall contact the U.S, Army Corps of Engineers to ""loa"';"" who bas jmisdiction over the bridge ~0I1 activities and if a permit is required for bridge OOIIStJ:uction. Prior to co-cement of construction activities, siltation fencing or hay bales sbalI be installed along portions of Uvas Creek within 100 feet of construction and/or staging areas, or other eroslon cootrol measures shall be implemented to prevent sediment from filling the creek, subject 10 approval by the City of Gilroy &gineerlng Division, c:) Findinr;: Implementation of the above mitigation measures would redUCCl this impaa to a less than significant level. 5. Burrowing Owls a) Polelrtially Sir;uilleant Impad: ColIstruction activity along the slope of the Ievee in the northwest comer oftbe project site could result in the direct loss ofnests, including eggs and young, or the abandonment of an active nest by the adults. b) Mitigation Measures: Subject 10 Ihe review of the City of Gilroy Planning Division, no earlier than 45 days and no later than 20 days prior to commen~ement of grading or oonstruc1ion on or adjacent to the slope of the levee, field surveys sbalI be conducted at least four consecutive evenings by a qualified biologist to determine if burrowing owls are pnlSent in the IXIOSIiuction zone or within 250 feel of the construction zone, These surv~ shal1 be reqWed only if any construction would occur during the nestillll and/or breeding season of burrowing owIs potentially nesting in the area (Febnwy 1 through August 31) and/or during the winter residency period (December I and lanll8lY 31), Pre-consl>. action survey results shall be submillcd 10 the California Department of Fish and Game for re\~ew and approval, JI active nests are found in within the survey area, a blUTOwing owl habitat mitigation plan shall be submitted 10 the California Departmc:nl ofFish aid Game for review and approval. The burrowing owl habitat mitijation plan shall contain mitigation measures contained in the California Department of Fish and Game Staff Report on BUITowing Owl Mitiaation (California Department of Fish and Game 1995). Compliance with this mitigation measure may include, but nOl be limited to, the foDowing: · Avoidance of occupied burrows during the nesting season (F~bruaIy I through August 31); · Acquisition. protection and funding for long-tenn management and monitoring of foraging habitat adjacent to occupied habitat; · Enhancement of existing burrows and/or creation ofmiw burrows; · Passive relocation ofburrowinll owls. Prior to commencement of oonsuuc:tiOll activities, the city shall arrange for a qualified biologisllO infonn workers of the poleotial ~ of the all special-status species, their prot~cted status, work boundaries, and measures 10 be implem_.n to avoid 10Sll of these species ,juring construction activities. c) Finding: Implementation of the abov~ mitigation measures would reduce this impact to II less than significant level. 06/07/99 MON 09:35 FAX 408 846 O~OO CITY OF GILROY . . YIIIlIiIIes oISi"u&oonl Em. '.....(tJSA.&<l3) ~OP6 . 5 6. Raptors a) PlllIIotidy SiplifiCllllt 1mpaet1 Construclicn acIivi!ies in or near the riparian woodland habitat foum! along Uvas Creel: c;ould result in the direct loss of white-tailed kite, northern barrier, Coopets bawl:, and sbort-eared owl nests, includiDa eggs and YO\lll& or the abandomnent of an active nest by the adults. b) MJ1tga1ion Meuure: Subject 10 the review of the City of Gilroy PlanniDg Division, no earlier than 4.5 days and no later than 20 days prior 10 commencement of clearing, grading or construction in or adjacent 10 any riparian habitat, a field survey sba11 be conducted by a quaIified biolo&ist 10 delemJine if active raptor nes1s are present in the construction zone or within 250 feet of the ooostruction zone. Tbese surveys sbaII be required only ifany construction would occur during the nesting and/or breeding Beason ofmptors potentially nesting in the areas proposed for development (generally March 1 1hmugh AlIgust 1). If active nests are found within tho slirvey area, at the discretion of the biologist, clearing and oonstruction within 250 feet shall be postponed or haIted until the neslS are vaoaled and juvc:niles have fiedged and IhCfe is no evidence of a second attempt at nesting. e) Finding: implementation of the mitigalion measure presented above requiring a qualified biologist to inform consttuclion worken; of the potential presence of special- - species, and !he irmnediately-ahove rniligalion measure will reduce this impact 10 a less than significant level. 7. Amphibians a) PoteotiaUy Signifieantlmpart Construction aetivilies in or near the riparian woodland . habitat fmmd along UVBS Creel: could result in the direct and indirect loss of California red-legged frog, foothill yellow-legged froB. western spadefoot load, California tiaer salamander. and western pond turtle. Use of the sports park may result in death or harassment of wildlife by pets and people, consumption by predators attracted to tbe project site, or I:illed or injured by colltomin.ohon from use of chemical pesticides. b) MitigatiOll Measures: Subject 10 tbe review of the City of Gilroy PIar1niQg Division. a qualified biologist shaU monitor the project site during l:ODStruction activities within 100 feet ofUvas Creek. If California red-Ieaged frog, foothill yellow-legged frog. western spadefoot toad, California tiger salamander, and/or western pond turtle turtles are observed at the site, construction activities sbaII be baited and the USFWS sbaII be conlacled for further assistance. AU food-related trash items shaU be mclosed in sealed containerll and regularly removed from tbe project area 10 deter attraction of potential predatorll of the California red- legged frog, foothill yellow-legged frog, western spadefoot toad, California tiger salamander, and western pond turtle. Pets shall not be allowed on the construction site. The proper locution of the trash containers shall be subjeol to the review and approval of th" City of Gilroy Community Development Depar\mellt ~6/07/99 MON 09:~6 FAX 4~46 O~OO F'_porS;~_"""""(U5A9~3) ~O.07 CITY OF GILROY . 6 ~) Finding: Implementation of mitigation measures presented above, which require construcIlon activities in or adjacent to Uvas Creek to occur when the creek is dJy or has a veJy low flow ~ Jwe 1brough October 15), siltation fencing, hay bales or other erosion control measures to be installed along the portion of Uvas Creek occurring on Ihe project site to pmvent sediment from filling the creek. retention of a quali6ed bioloJist to inform constnu:tion workers of the potential presence of spClCial-Slalus species, and the Um'n....im..ly-above miligPtiO'l measures will reduce this impact to a less than siprificant level. 8. Habitat Di,tnrbance During Construction a) Potentially Signifitant Impact: Accidental spills of onntAmin"'lls or other harmful materials, such as diesel fuel or oil, from construction vehicles could spread into the SEllSilive riparian woodland habitat and Uvas Cnlek and harm or kill wildlife. During use of1he sports park. conlamination ofUvllS C"",k could potentially occur from pesticides, fertilizers. and similar substances. b) Mitigation Measu.v: Prior to the commencement of construction activities, a plan shaII be prepared to allow a prompt and effective response to any accidental spills, and all workers shall be informed of the importance of preventing spills and of the appropriate measures to take should a spill occur, subject to approval by the City of Gilroy F.ngineering DivisiOll. This plan shaU specifY that all staging areas and all fueling and rnaintenanre of vehicles and other equipment sbaJI occur at least 100 feet from the riparian habitat and Uvas Creek. Prior to approval of OODSltuClion plans, guidelines sbaJI be established for !be prevention ofcontamin,mon of the creek by pesticides, herbicides, fungicides, and fertilizers from maintenance ofthc aIhletic fields, subject 10 the review and approval of the City of Gilroy Engineering Division, The guidelines shaU include a requirement for oil/grease separators to be installed in on-site storm drain systems and sweeping programs to be implemented for parking lots, ~) Finding: Implementation of mitigation measures presented in Section 2.3 HydrolOgy which require a NPDES permit and a SCVWD permit, and the above mitigation measures will reduce this impact 10 a less than significant level. 9. Habitat Distnrhanr.e During lle<:ycled Water Une CGnstrudion a) Potentially Signilitant Impad: Construction activity could produce erosion or accidental spills of contaminants or otber harmful material. which could decrease habilal quality and intel'fele with the movement or wdl-being of wildlife. b) Mitigatieo Measu.v: Mitigation measures #10 and #16 presented above, which require sil1lrtion fencing, hay bales or other erosion control measurel to be installed along the portion ofUvas Creek oCCUlTing on the project site to prevent sediment from filling 1he creek, and the preparation of a spill ab8letnent and clean.up plan, will be applied to the above mentioned impact c) Flndinll' Implementation of the immediately-above mitigation measures will would reduce this impact to a ]ess than significant level, ~6/07/99 MON 09:36 FAX 4~46 O~OO "_o{S;"'-~_(USA9~) IilI008 CITY OF GILROY . 7 10. Eft'ee1lI .fNighttime Lighting on Wildlife a) PoCeatiaIy SlgpHl'~ Impact: Nighttime lighting of the .pons park play fields could spill over into the riparian woodland habitat and disturb wildlife, restrict the movement or activity of wildlife, or fiu:ilitate increased predation of wildlife. b) MI1iIladon Mellsore: Prior to final project approval subject to the review and approvsl of the City of Gilroy Planning Division, a lighting plan for the .pons park shall be developed. 'Ibis ligbIing plan shall include at least the following elemtlllts: · All lighting in the wesllml portion of tile sportS pork will be directed away from the riparian habitat; · No ligh.ting will be installed along the Uvas Creek Trail; and · No ligh.ting will generally be allowed after 11:00 PM, c) FindinC: Implementation of the above miligal:ion measures will reduce this impact to a less than significant level. 11. Domestic Activities a) Potential Impact: People and unleashed pelS wanderina off of the Uvas Creek Trail could potenlially restrict the movement or activity of and/or disturb or kill wildlife. b) Mitigation Measun: Prior to final project approval, a signage plan for the .pons park shaU be prepared to outline the languaae, number and location of signs to dissuade people from slIaying off1he Uvas Creek Trail and to prohibit unleashed dogs on the Uvas Creek trail, subject 10 approval by the City of Gilroy Planning Division. c) FiDding: Implementation of the above miligal:ion measure will reduce this impact 10 a less than significant level. C. Tran~portatinnfCirculatinn. 1. LOS Below City StlUldards Il) Signifi~t Impact: With completion of Phase V of the proposed sports park. the intersection of Monterey Street and Monterey Frontage Road would be congested. b) MitIgatIon Masun: Prior 10 completion of Phase IV of the proposed project the City of Gilroy sball install a 1.raffit signal at the intenection of Monterey Street and Monterey Fronla8e Road. The minimum lane configuration shall be: · Southbound Approach - one left-turn lane, one throusb lane, one shared through/right-turn lane; · Westbound Approach - one shared lane for all movements; · Northbound Approach - one left-turn lane, one through lane, one shared through/right-turn lane; · Eastbound Approacl1 - one shared lane, one left-turn lane for ail movements. 06/07/99 MON 09:37 FAX 408 846 O~OO . 1Zi009 CITY OF GILROY . F_....ignillgmlJ:a..._...b1_(UllA."'-"3) . Protected left-turn phasing shall be provided for the nMhbound and southboUlld approach, while a single signal phase shall be provided to serve the eastbound and westbound approaches. c) Findinz:: Implementation of the above miligation measures would reduce this impact 10 a less than significant level. 2. Bicyclist lII1d Pedestrian Safety a) Significant Imp.d: This proposed design of the temporary alignment of the Uvas CIWk TIail crossing Thomas Road-LuclJessa A wnue would result in a potential safety hazard to users of the trail. b) M"11igatioo Measure: The Ilnal improvement plan for the Uvas Creek Trail extension. subject to the review and approval of the City of Gilroy Eogineering Division, shall include a <<l..oection 10 Thomas Road-Ludlessa Avenue 1hat leaves the lop of the levee at a point east ofPrincevalle Street and cotIDCIlIs to Thomas Road-Luchessa Avenue at the intersection of Princevalle Street via a built-up earth tlImp on the levee'. north embankment c) FlndiDg: Implemeotalion of the ahove mitigation measure would reduce this impact to a less than signifiCllllllevel. 3. Bicyclist and Pedestrian Safety a) Signlftcant Impad: The temporary alignment of the Uvas Creek Trail crossing of Thomas Road-Luchessa Avenue would expose trail users 10 high .peed cross traffic. b) Mitlg8fion Measure: The final improvement plan for the Uvas Creek Trail extension, .ubject to the review and approval of the City of Gilroy Engineering Divi.ion, shall include cross walks across Thomas Road--Luchessa Avenue at Princevalle Street and stop .igns on Thomas Road-Luches.a A venue at Princevalle Street. c) Ymdlng: Implementalion of the above mitigation measure would reduce this impact to a less than signllicanl level. 4. Bicycle Access a) Significant Im~t, The project plans do not indicate a bicycle route connection between Monterey Street and the sports park access road, a designated bicycle route, and the proposed sports park access road. b) Mitiption Measure: The City of Gilroy shall include a Class 1 path on the west side or Class n bicycle lanes on both sides of Monterey Frontage Road as a part oflhe design and oonstructiOll of improvernems 10 Mootmy Frontage Road between MoDlerey Street and the sports park access road. The path or bicycle lanes shall be constructed at the slime time as 01her planned. improvements 10 these roads are made, subject 10 the review and approval of the City of Gilroy Engineering DivisiolL c) YJDding: ImpIementalion of the above mitigation measure would reduce this impact to a less \ban signifiClllltlevel. 06/07/99 MON 09:37 FAX 408 846 O~OO . ~010 CITY OF GILROY . PindmpofSi~F.rrT:' '_(llIIA9W3) 9 S. Pede.trian Acceso a) SipifiCllllt Impact: SPOrts park-related 1raflic increases along Monterey Street and Monterey Frontage Road will present hazardous conditions 10 pedestrians accessing the sports park along this route prior to 1I1e completion of Phase IV. The lack of a safe pedestrian _ along Monterey Strm and Monterey Frontage R.oed would be a significant environmental impact. b) Mlilgafln.. Measure: Prior to completion ofphase IV of the proposed project the City of Gilroy shall construct a minimum 6-foot wide siclewalk along the ~t side of ~ Frontage Road and a lIIinim..,., 10-foot wide sidewalk along Monterey Street between Thomas Road-Lucbessa Avenue and 1I1e sports park access road. ~) F1ncliDg: Implemenlalio.n of the following mitigation measll11l would redw;;e this impact to a less tban significant level. 6. Parking Supply a) Sil"ificant Impact: The proposed sports park woulcl have a shortage of 180 parking spaees at the completion of Phase V. b) Mlligation Measure: The Cit;y of Gilroy shall include in project plans. subject to review ancl approval of the City of GilrOY Planning Division, an additional 180 parking spac:es to be built prior to completion of Phase V. ~) Findllll: With implementalion of the above mitigation measure this impact would be reduced to a less than significant leveL D. Air Oualiv. 1. Project CoJlStnJ~lion a) PoIentiaDy Sipiticant Impact: Construction activities at 1I1e project site could result in a significant adverse air quality impact from Dust. b) Mitigation Measure: The follOwing dust control measures shall be incorporated into aD permits for any phase of the project. The measures shall be implemented as necessary to adequately control dust subject to the review and approval of the City of Gilroy Planning Division. · Water aD 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 offreeboarcl; · Pave, apply water three times daily, or apply (non-toxic) soil stabilizelll on all unpaved access roads, parking areas and staging areas at constnJctinn sites; · Sweep daily (with water sweepers) all paved access roads, parlcinll areas and staging an:as at conslruc1ion sites; · Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets; 06/07/99 MON 09:38 FAX 408 846 O~OO CITY OF GILROY FmdDp....iplllcw~ '-(USA9ll-03) ~011 . 10 · Hydroseed or apply (non.loxic) soil stabilizers to inactive cODllln1ction lUllIIS (previously ped areas inactiye for ten days or more); · Enclose, cover, WllJer twice daily or apply (non.tOltic) soil binders 10 exposed stockpiles (dirt, sand, etc.); · Limit IrIlffic speeds on unpaved roads 10 15 mpb; · InsIaII sandbags or other erosion control measures 10 prevent sih l'IIlIOff'to public roadways; · Repl8Jll vegetation in disturbed areas as quickly as possible; · Install \Weel washers for all el<istina trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; · InstaI1 wind breaks, or plant treeslvegetalive wind breaks at windward side(s) of construction areas; · Suspellll excavation and gmdiog activity \Well winds (inst8JIlaneous gusts) exceed 25 miles per hour; · Limit the area subject 10 e><cavation. grading and o1her construcIion activity at any one time. e) Finding: Implementation of the above mitigation measures will reduce this impaclto a less than sillllillcantlevel. E. NDiK. 1. Comlnlelion Noise a) Slgoifiamt 1mP"d: Construclion activities at the project .ite could result in high levels of noi.e. b) Mitigation Measure: The following language shall be included on any permits issued for the sports park, subject 10 the review and approval of the City of Gilroy Engineering Division. . All noise generating construction activities shall be limited 10 weekdays between 7:00 AM and 7:00 PM, and 10 Saturdll}'s and City holidays between 9:00 AM and 7:00 PM No oonslructioo is allowed on Sundays. In addition, temporary berms or noise attenuation barriers shall be utilized \Wen neces.lU)', . c) Finding: Implemerdation of the above mitigation measure would reduce this impact 10 a less than significant level. F. Archaeologlcal Resources, 1. Unknown Arehaeolo&leal Resourees a) Potentially SipJilicant Impact. Curreotly unidentified buried cultural resources may be found during COnstructiOD on the project sile. 06/07/99 MON 09:38 FAX 408 846 O~OO CITY OF GI~OY . y....... oI'Sipili_ ~ "-(USJl.98-03) ~012 . 11 b) Mitigatien MM$_: lheCity shall contl'lwt with a qualified archaeologist to 8lTlID8" a schedule for monitoring during grading and excavation activities due to the project site's creek-side location and proximity to 1'eCOIded historic and prehistoric sites. Due to the possibility that signifitant buried cultural Te$oUJCes miaht be found during cons1rucIiOll1be following language shall be included IlIIY pe:nni1$ issued for the project site, includiog. but not limited to building permits for future development, subject to the review snd approval of the Gilroy Planning Division: "If archaeological ruowces or hrmwn remains are d1sCfJVer~ during construction, work shall be halted at a minimum of 200 fret from the find and the area shall be stalard off. The project developer shall IWtIfjI a qualified professlonoJ archaeologist If the find is determined to be slgnJjiCfJ1ll, appropriale mitigation measures shall be formulated and Implemented. " In the event of an accidental discovery or recognition of IlIIY human remains in any location other than a dedicated cemetery, the City shall ensure 1hat Ibis Ianguaae is included in all permits in accordance wilh CEQA Guidelines section l5064.5(e): "If human remains are ji:Jrmd during construction /here shall be no fUrther excavation or disturbance of the <ite or any nearby area reascmo.bly suspected 10 overlie adjacent human remail'l$ IUltil the coroner of Sanla Clara County is contacted 10 determine thar no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contDct the Native AmerlCQ1l Heritage Commission within 24 haws. The Nallve Amuiam Herl1age Commission shallldentifjllhe person or persons It believes to be the most likely descendent from the de'c:eased Nallve American. The most IllaJly descendent may then make recommendations to the IandC1Wl1er or the person responsible for the excavation war.\:; for means of treating or disposing of. with appropriate digmty, the human remains and associated grave goods as pravided In Public Resources Code Seetlon 5097.98. The lalldawner or his authorized representative shall rebury the Native American hwmm remains and associated grave goods with appropriate dignity on the property In a location not subject 10 fUrther disturbance if a) the Native American Hertlage Commission is unable 10 identify a most lilaJly descendent or the most IIlaJly descendent failed to make a recommendation within 24 hours ajier being notified by the commission; b) the descentietzt lden/lfledfails to nraIal a recommendalton; or c) the landowner or his authorized representative rejects the recommendalton of the descendent, and the medJalton by the Nattlle American Heritage Commtssionji:Jils to proVIde measures acceptable to the landalllner. . c) Finding: Implementation of lhe above miligalion measures would reduCe thilJ impact to a less lhan significant level. 06/07/99 MON 09:38 FAX 408 846 O~OO CITY OF GILROY . "'lJldiaaIcfSi~_IIIloptllI(USA9&-Dl) Ii!I 013 . 12 II. Findings of Unavoidable Significant Environmental Impact. A. Agricultural CODsiderations. 1. Loss of Prime Farmland a) Uaavoidable Sigoi&cant Impact: Development of the spotts pad< would resuII in the loss of78.4 acra ofprimem....laoul, idon~fi"" in the FllmIIaDd Mapping and ManitariJl& Program, over the 2().yeat build-wt of the proposed spor1ll pa<k. ApptO\'a1 of the Urban Service Area ~ and development of parcels adjacent 10 the spot'IS pad< site could ultimately IllSUlt in the loss ofthc ......Ain;ng 54.8 acres of desigoated WmIand within the project site. h) MitigatiOD Measure: Tbc establishment of the Gilroy Agricullunll Lands Area by both the City of Gilroy and the Couoty of Santa Clara serves as a regiooaI mitigatioo for losses of prime farmland in southern Santa Clara Couoty outside of the agricuItorlll lands IIlla. Although this regional mitigation has been imp.l"""",ted, it does not reduce the loss of prime fmmland to a less than sigaifioant level and the proposed projc:d would still be COII.~ered to have a significant and unavoidabl. impacloo prime fannland. c) Finding: The mitig.tion measure does not avoid or substantially lessen the impacllo insignificllI1Ce. There arc no other rer.nmm....-l'Jd mitigation measures. Specific ewnomie, social, and other considcratioos mak. infClSible the project alternatives as described below. d) Stataooot of o-riding Coosideratioo: The City Council hereby finds that because of the economic, social, and othec considerations, the benefits of the project outweigh the UIIIIVOidabIe loss ofprime agricultural land. First, the proposed project will create a valuable and unique recrcatiooallpad< n:source not CUlTCl111y a1llilable to the public. Second. the P'~ project will enable the City to.furtbec develop recreatioDllVpark licilities plarmcd for in acoordance with the City's Gemnl PlllIL Third, the project site is in an area where mwicipal........u:.s lire ;mm..-!;.,ply available. Fourth, tbe developmeo1 of\he project site wiD oontribute 10 the City's job b.... Fifth, tbe development of the project site will conlribllle 10 the City's lax base. Finally, the additioa of the project is cootiguous 10 existing urban devcloped lands within the City and rcpresents a consistent and logical cxpaosion. Appendix A . EXHIBIT B . Mitigation Monitoring Program . . City of Gilroy Engineering Division and City of Gilroy Engineering Division The following mitigation measures shall be included on project plans as appropriate: 1a Project plans, subject to the review and approval of the City of City of Gilroy Gilroy Planning Division shall include a sedimentation basin adequate for filtering out heavy storm water contaminants such as silt, and grease traps suitable for filtering out other urban pollutants to the extent feasible. The sedimentation basin and grease trap shall be designed subject to the review and approval of the City of Gilroy Engineering Division and shall be installed at the time that the storm water out-fall is constructed. 4 Project plans, subject to the review and approval of the City of City of Gilroy Gilroy Planning Division, shall include a habitat buffer designed to include appropriate native plant species and shall not include plantings of non-native, invasive plant species. The currently unvegetated portion of the 50foot (minimum) buffer area west of the trail shall be planted with locally-obtained native grass, shrub and riparian understory species. Wherever possible, the east side of the trail shall be planted with native grasses or other native species to provide additional native habitat before giving rise to the turf athletic fields. 18 Prior to final project approval subject to the review and City of Gilroy approval of the City of Gilroy Planning Division, a lighting plan for the sports park shall be developed, This lighting plan shall include at least the following elements: . All lighting in the western portion of the sports park will be directed away from the riparian habitat; . No lighting will be installed along the Uvas Creek Trail; and 19 Prior to final project approval, a signage plan for the sports park shall be prepared to outline the language, number and location of signs to dissuade people from straying off the Uvas Creek Trail and to prohibit unleashed dogs on the Uvas Creek trail, sub' ect to a roval b the Ci of Gilro Plannin Division. City of Gilroy 25 The City of Gilroy shall include in project plans, subject to review and approval of the City of Gilroy Planning Division, an additional 180 parking spaces to be built prior to completion of Phase V. City of Gilroy Gilroy Sports Park Mitigation Monitoring Program City of Gilroy Planning Division City of Gilroy Planning Division City of Gilroy Planning Division City of Gilroy Planning Division 4 Gilroy Sports Park Mitigation Monitoring Program 5 . . The following rnitigation measures shall be included in the final improvement plan for the Uvas Creek Trail: 21 The final improvement plan for the Uvas Creek Trail extension, subject to the review and approval of the City of Gilroy Engineering Division, shall include a connection to Thomas Road-Luchessa Avenue that leaves the top of the levee at a point east of Princevalle Street and connects to Thomas Road-Luchessa A venue at the intersection of Princevalle Street via a built-up earth ramp on the levee's north embankment. City of Gilroy City of Gilroy Engineering Division 22 The final improvement plan for the Uvas Creek Trail extension, subject to the review and approval of the City of Gilroy Engineering Division, shall include cross walks across Thomas Road-Luchessa Avenue at Princevalle Street and stop signs on Thomas Road-Luchessa Avenue at Princevalle Street. City of Gilroy City of Gilroy Engineering Division Gilroy Sports Park Mitigation Monitoring Program 6 . . The following mitigation measures shall be implemented prior to issuance of any permits for any phase: 26 The following dust control measures shall be incorporated into all permits for any phase of the project. The measures shall be implemented as necessary to adequately control dust subject to the review and approval of the City of Gilroy Planning Division. City of Gilroy City of Gilroy Planning Division. . Water all active construction areas at least twice daily; . Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard: . Pave, apply water three times daily, or apply (non- toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; . Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; . Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets: . Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more): . Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.); . Limit traffic speeds on unpaved roads to 15 mph: . Install sandbags or other erosion control measures to prevent silt runoff to public roadways; , . Replant vegetation in disturbed areas as quickly. as possible: . Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; . Install wind breaks, or plant trees/vegetative wind breaks at windward siders) of construction areas; . Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; . Limit the area subject to excavation, grading and other construction activity at anyone time. . . 27 The following language shall be included on any permits issued for the sports park, subject to the review and approval of the City of Gilroy Engineering Division. "All noise generating 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. In addition, temporary berms or noise attenuation barriers shall be utilized when necessary." 29 Due to the possibility that significant buried cultural resources might be found during construction the following language shall be included any permits issued for the project site, including, but not limited to building permits for future development, subject to the review and approval of the Gilroy Planning Division: If archaeological resources or human remains are discovered during construction, work shall be halted at a minimum of 200 feet from the find and the' area shall be staked off. The project developer shall notify a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. 30 In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 15064.5(e): If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours, The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent from the deceased Native American. The most likely descendent may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as orovided in Public Resources Code Section 5097,98. Gilroy Sports Park Mitigation Monitoring Program City of Gilroy City of Gilroy City of Gilroy City of Gilroy Engineering Division City of Gilroy Planning Division City of Gilroy Planning Division 7 . . The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the , landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to I provide measures acceotable to the landowner. The following mitigation measures shall be implernented prior to issuance of a' grading permit (this may be re uired at each hase for miti ation measures 2, 3 and 28): 28 1 The City shall have a hydrology report prepared for the project by a qualified hydrologist or engineer, to address hydrology- related design requirements for the site and buildings, subject to the review and approval of the City of Gilroy Engineering Division and SCVWD prior to issuance of a grading permit. All grading, design or other recommendations of this report shall be incorporated into project plans. 2 The City shall, for each phase of the project, submit a Notice of Intent (NOI) and detailed engineering designs to the Central Coast RWQCB. This permit shall require development and implementation of a SWPPP that uses storm water "Best Management Practices" to control runoff, erosion and sedimentation from the site. The SWPPP must include Best Management Practices that address source reduction and, if necessary, shall include practices that require treatment. The SWPPP shall be submitted to the City of Gilroy Engineering Division for review and approval prior to approval of a adin ermit for each hase of the ro'ect. 3 The City shall submit plans for review by, and obtain an approved permit from the Santa Clara Valley Water District (SCVWD) prior to approval of a grading permit for each phase of the ro'eet. The City shall contract with a qualified archaeologist to arrange a schedule for monitoring during grading and excavation activities due to the project site's creek-side location and roximi to recorded historic and rehistoric sites. Gilroy Sports Park Mitigation Monitoring Program City of Gilroy City of Gilroy Engineering Division and SCVWD City of Gilroy City of Gilroy Engineering Division and RWQCB City of Gilroy SCVWD City of Gilroy City of Gilroy Planning Division 8 . . The following mitigation measure shall be implemented from 45 to 20 days prior to commencing grading activities: c ,Miti~: >:.},."'bt"4' ':gation . , Measure, Ntm\.ti~r c 11 Subject to the review of the City of Gilroy Planning Division, no earlier than 45 days and no later than 20 days prior to commencement of grading or construction on or adjacent to the slope of the levee, field surveys shall be conducted at least four consecutive evenings by a qualified biologist to determine if burrowing owls are present in the construction zone or within 250 feet of the construction zone. These surveys shall be required only if any construction would occur during the nesting and/ or breeding season of burrowing owls potentially nesting in the area (February 1 through August 31) and/or during the winter residency period (December 1 and January 31). Pre-construction survey results shall be submitted to the California Department of Fish and Game for review and approval. If active nests are found in within the survey area, a burrowing owl habitat mitigation plan shall be submitted to the California Department of Fish and Game for review and approval. The burrowing owl habitat mitigation plan shall contain mitigation measures contained in the California Department of Fish and Game Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game 1995). Compliance with this mitigation measure may include, but not be limited to, the following: City of Gilroy City of Gilroy Planning Division . A voidance of occupied burrows during the nesting season (February 1 through August 31); . Acquisition, protection and funding for long-term management and monitoring of foraging habitat adjacent to occupied habitat; . Enhancement of existing burrows and/ or creation of new burrows; . Passive relocation of burrowin owls. Gilroy Sports Park Mitigation Monitoring Program 9 . . The following mitigation measure shall be implemented from 45 to 20 days prior to any clearing, grading construction in or adjacent to riparian habitat: ,.../~.. "-'-'-.""--.' at ifiti 13 Subject to the review of the City of Gilroy Planning Division, no earlier than 45 days and no later than 20 days prior to commencement of clearing, grading or construction in or adjacent to any riparian habitat, a field survey shall be conducted by a qualified biologist to determine if active raptor nests are present in the construction zone or within 250 feet of the construction zone. These surveys shall be required only if any construction would occur during the nesting and/ or breeding season of raptors potentially nesting in the areas proposed for development (generally March 1 through August 1). If active nests are found within the survey area, at the discretion of the biologist, clearing and construction within 250 feet shall be postponed or halted until the nests are vacated and juveniles have fledged and there is no evidence of a second altern tat nestin . City of Gilroy City of Gilroy Planning Division The following mitigation measure shall be implernented prior to removal of any significant tree(s): 5 Prior to the removal of any significant tree(s), a field survey shall be conducted by a certified arborist to determine the nwnber and location of each significant tree to be removed, the type and approximate size of each significant tree, and the reason for removal. These findings shall be included in a written report that contains specifications for replacing significant trees to be removed. The written report shall be prepared prior to the commencement of grading activities that take place along the north side of Thomas Road-Luchessa A venue, along the north side of Mesa Road, and through the riparian habitat leading to and from the proposed pedestrian bridge, subject to approval by the City of Gilroy Planning Division. Gilray Sports Park Mitigation Monitoring Program City of Gilroy City of Gilroy Planning Division 10 . . The following mitigation measures shall be implemented prior to commencement of construction activities (Additional mitigation measures also apply to particular phases of construction): 'j;l~ifi;';; ;;,gall ;I~~~b;;i;',; 16 17 6 Prior to the commencement of construction activities, the protected zone (one to 1.5 times the distance from the trunkto the dripline, depending on the tree species) of any trees or groups of trees to be retained shall be fenced to prevent injury to the trees during construction. Soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/ or dumping of materials shall not be allowed within the protected zone. The fencing shall remain in place until all construction activities are complete. The trees or groups of trees to be fenced shall be indicated in a written report prepared subject to approval by the City of Gilroy Planning Division. 12 Prior to commencement of construction activities, the city shall arrange for a qualified biologist to inform workers of the potential presence of the all special-status species, their protected status, work boundaries, and measures to be implemented to avoid loss of these species during construction activities. Prior to the commencement of construction activities, a plan shall be prepared to allow a prompt and effective response to any accidental spills, and all workers shall be informed of the importance of preventing spills and of the appropriate measures to take should a spill occur, subject to approval by the City of Gilroy Engineering Division. This plan shall specify that all staging areas and all fueling and maintenance of vehicles and other equipment shall occur at least 100 feet from the ri arian habitat and Uvas Creek. . Prior to approval of construction plans, guidelines shall be established for the prevention of contamination of the creek by pesticides, herbicides, fungicides, and fertilizers from maintenance of the athletic fields, subject to the review and approval of the City of Gilroy Engineering Division. The guidelines shall include a requirement for oil/ grease separators to be installed in on-site storm drain systems and swee in ro rams to be im lemented for arkin lots. Gilroy Sports Park Mitigation Monitoring Program City of Gilroy City of Gilroy Planning Division City of Gilroy City of Gilroy Planning Division City of Gilroy City of Gilroy Engineering Division City of Gilroy City of Gilroy Engineering Division 11 . . The following mitigation measure shall be implemented prior to commencement of trail construction activities: I. 7 Prior to commencement of trail construction activities the City of Gilroy Planning Division shall have a qualified biologist prepare a Habitat l'vlitigation Plan for approval by the City of Gilroy and the California Department of Fish and Game. The Habitat l'vlitigation Plan shall identify the exact amount and location of impacted and replacement habitat, and shall specify the use of locally-obtained native riparian species, Any loss of riparian woodland vegetation resulting from Uvas Creek trail construction activities shall be mitigated on-site within the 50- foot (minimum) habitat buffer at a minimum 3:1 replacement ratio. City of Gilroy City of Gilroy Planning Division The following mitigation measures shall be implemented prior to commencement of bridge construction activities: 8 Prior to the commencement of bridge construction activities, a Section 1603 Streambed Alteration Agreement shall be obtained from the California Department of Fish and Game. Compliance with this mitigation measure may include, but not be limited to, the following: . Bridge construction work shall be initiated and completed during the summer and fall months when this portion of the creek is dry, or at least has a very low flow. Typically, no construction work shall be allowed in the creek between October 15 and early June. . From June to October 15, when construction is allowed, if any water is flowing in the creek, the flow shall be diverted into an open, gravel-lined bypass channel for the duration of the bridge construction work. Gilroy Sports Park Mitigation Monitoring Program City of Gilroy CA Dept. of Fish and Game 12 . . 9 Prior to commencement of bridge construction activities the City of Gilroy U.s. Army City shall contact the U.S, Army Corps of Engineers to Corps of determine who has jurisdiction over the bridge construction Engineers activities and if a permit is required for bridl!:e construction. 10 Prior to commencement of construction activities, siltation City of Gilroy City of Gilroy fencing or hay bales shall be installed along portions of Uvas Engineering Creek within 100 feet of construction and/or staging areas, or Division other erosion control measures shall be implemented to prevent sediment from filling the creek, subject to approval by the City of Gilrov Encineering Division, activities: 14 15 Subject to the review of the City of Gilroy Planning Division, a qualified biologist shall monitor the project site during construction activities within 100 feet of Uvas Creek. If California red-legged frog, foothill yellow-legged frog, western spadefoot toad, California tiger salamander, and/ or western pond turtle turtles are observed at the site, construction activities shall be halted and the USFWS shall be contacted for further assistance. All food-related trash items shall be enclosed in sealed containers and regularly removed from the project area to deter attraction of potential predators of the California red- legged frog, foothill yellow-legged frog, western spadefoot toad, California tiger salamander, and western pond turtle. Pets shall not be allowed on the construction site. The proper location of the trash containers shall be subject to the review and approval of the City of Gilroy Commtmity Development De artment. Gilroy Sports Park Mitigation Monitoring Program City of Gilroy City of Gilroy Planning Division City of Gilroy City of Gilroy Commtmity Development Department 13 . . The following rnitigation measures shall be implemented concurrent with improvements to Monterey Frontage Road: aiutei[jfc ""H[jIi 23 The City of Gilroy shall include a Class 1 path on the west side or Class II bicycle lanes on both sides of Monterey Frontage Road as a part of the design and construction of improvements to Monterey Frontage Road'between Monterey Street and the sports park access road. The path or bicycle lanes shall be constructed at the same time as other planned improvements to these roads are made, subject to the review and approval of the Cit of Gilro En . eerin Division, City of Gilroy City of Gilroy Engineering Division The following mitigation measures shall be implemented prior to completion of Phase IV of the sports park: 20 Prior to completion of Phase IV of the proposed project the City of Gilroy City of Gilroy City of Gilroy shall install a traffic signal at the intersection of Engineering Monterey Street and Monterey Frontage Road. The minimum Division lane configuration shall be: . Southbound Approach - one left-turn lane, one through lane, one shared through/ right-turn lane; . Westbound Approach - one shared lane for all movements; . Northbound Approach - one left-turn lane, one through lane, one shared through/right-turn lane; . Eastbound Approach - one shared lane, one left-turn lane for all movements. Protected left-turn phasing shall be provided for the northbound and southbound approach, while a single signal phase shall be provided to serve the eastbound and westbound approaches. 24 Prior to completion of Phase IV of the proposed project the City of Gilroy City of Gilroy City of Gilroy shall construct a minimum 6-foot wide sidewalk Engineering along the west side of Monterey Frontage Road and a Division minimum lO-foot wide sidewalk along Monterey Street between Thomas Road-Luchessa A venue and the sports park access road. Gilroy Sports Park Mitigation Monitoring Program 14 06/07/99 MON 09:~9 FAX 408 846 O~OO . . CITY OF GILROY . ~0.1~ Exhibit C n. Findings of Unavoidable Significant Environmental Impact. A. Agricultol'llll Considerations. I. Losl or Prime Farmland a) UlIlIVOidable SIplftCllllt ImJlllttl Dcve10pment of the sports perk would result in the loss of78.4 acres of prime fUmlaDd, identified in !be Farmlond Mapping and Monitoriog Program, over the 2O-year bulld-out oCthe proposed sports park. Approval of the Urban Service Area amendment and development of parcels adjacent to the sports park site oouId ultimately result in the loss oCthe remaining 54.8 aaes of designated faImland within the project site. b) MItigation Measure: The establishmeilt of tile Gilroy Agricultural Lands Nea by both 1he City of Qilroy and the COWlty of Santa Clara serves as a Iegional mitigation for losses of prime farmland in southern Santa Clara COWl1:y outside of the agriculturaI lands area. A11hough this regional mitigation has been implmnented, it does not reduce the loss of prime fannland 10 a less than sianillcant level and the proposed project would still be considered to have a significant and unavoidable impact on prime fannland. c) Finding: The mitigation measure does not avoid or substantially lessen the impact 10 insignificaoce. There are no other recommended mitigation measures, Specific economic, social, and other CQIIlIiderations maIce infeasible the project alternatives as described below. . d) Stol_..t af OvelTiding CanlideratiOll: The City Council hereby finds tho! because of the economic, social, and other considerations, the benefits of the project outweigh the unavoidable loss of prime agricultwaI land. First, the proposed project will create a valuable and unique tecreationalfpark nlSOurce not currently available 10 the public. Second, the proposed project will enable the City 10 further develop ~ tilciIities planned for in accordance with the City's General Plan. Third, the project site is in an area where municipal Sen1ces are immediately available. Fourth, the development of the projeol site will contribute to the City's job base. Fifth, the development of the project site will contribute 10 the City's tax base. Finally. the addition of the project is Contiguous to existing urban developed lands within the City and represents a consistent and logical e>l:pansion. . . Exhibit D Alternatives to the Project 1. Alternative #1 ("No Proiect" Alternative) a. Description. The no project alternative consists ofleaving the site in its existing, generally undeveloped condition. b. Comparison to Proposed Project. This alternative would result in a significant decrease in project impacts with regard to agricultural concerns, hydrology, transportation/circulation, public services, air quality, noise, archeological resources, and aesthetics. There would no geologic impacts under this alternative. The beneficial impact to biological resources included in the Proposed Project, namely an increase in the size of the already existing wildlife corridor, however, would not occur under this alternative. c. Finding. This alternative is enviromnentally superior to the Proposed Project, since it avoids the majority of impacts ofthe project. However, the No Project alternative is infeasible and thus rejected because it does not achieve the project objectives of providing the community with additional athletic fields, parkland, commercial indoor recreation facilities and a community hall, and does not bring any new jobs or revenues to the City, 2. Alternative #2 (Alternative Location A) Santa Teresa Blvd.. at State Hwv. 152 a, Description. The Alternative 2 site is comprised of five parcels totaling approximately 120 acres, located south of State Highway 152 and to the west of Santa Teresa Boulevard in western Gilroy, The site is bounded by Santa Teresa Boulevard on the east, State Highway 152 on the north, and private property on the west and south. Approximately one third ofthis total is located within the Uvas Creek channel or on the opposite side of the creek from the rest of the site, so the total usable area from a practical standpoint is approximately 80 acres. Uvas Creek flows from west to east through the southern third of the site. b. Comparison to Proposed Project. Most of the usable land on the site is in agricultural production with row crops and tree crops. This alternative would result in approximately 50 fewer acres of prime farmland converted to non- agricultural use. However, there would be a significant traffic impact under this alternative to two intersections within the city due to Alternative 2 access constraints. Mitigation ofthe traffic impact would be difficult, All other impacts would not change with this alternative. c. Finding. This alternative is infeasible and rejected because the Proposed Project offers superior vehicle access and minimizes traffic impacts on city . . streets. In addition, the city already owns the Proposed Project site to be used for the sports complex. The city does not have control of, but would have to obtain control of the Alternative 2 site in order to proceed under this alternative~making it infeasible economically for the Project 3. Alternative #3 (Alternative Location B) Santa Teresa Blvd.. and Miller Ave. a. Description. The Alternative 3 site is comprised of five parcels totaling approximately 97 acres, located between Miller Avenue and Santa Teresa Boulevard in western Gilroy. The site is bounded by Santa Teresa Boulevard on the southwest, private land on the southeast, Miller Avenue on the east, and city- owned and private land on the north. b, Comparison to Proposed Project. Most of the land on the Alternative 3 site has been in agricultural production with field crops and tree crops, but the site is not currently in agricultural use. Nonetheless, this alternative would result in approximately 50 fewer acres of prime farmland converted to non-agricultural use. This alternative would likely result in traffic impacts to intersections along Uvas Park Drive, Tenth Street, and Miller Avenue, All other impacts would not change with this alternative. c, Finding. This alternative is enviromnentally superior to the Proposed Project. However, this alternative is infeasible and rejected because the Proposed Project offers superior vehicle access and minimizes traffic circulation and impacts on city streets. Additionally, the city already owns the Proposed Project site to be used for the sports complex. The city does not have control of, but would have to obtain control of the Alternative 3 site in order to proceed under this alternative,making it infeasible economically for the Project. 4. Alternative #4 (Alternative Location C) Monterev Road at Bolsa Road a. Description. The Alternative 4 site is comprised of three parcels totaling approximately 103 acres, located north and east of Monterey Road and Bolsa Road.in southern Gilroy. The site is bounded by Monterey Road on the southwest, Bolsa Road on the south, Carnadero Avenue on the southeast, the Umon Pacific Railroad on the northeast and private property on the northwest. The Alternative 4 site is in agricultural production with field crops and row crops. The land to the west, south, and east is undeveloped. The land to the north is commercial industrial. b. Comparison to Proposed Project. This alternative would result in approximately 30 fewer acres of prime farmland converted to non-agricultural use. There would be no significant enviromnental impacts on biological resources under this alternative because the site is presently entirely agricultural and thus . . supports no biological resources. All other impacts would not change with this alternative. c. Finding. This alternative is infeasible and rejected because it is not enviromnentally superior to the Proposed Project. The impact to agricultural land resulting from this alternative, despite the conversion of fewer acres to non- agricultural use, is considered equal to the impact from the Proposed Project because of the extensive area of prime farmland within which Alternative 4 is located. Contiguous areas of farmland are considered to have greater value as farmland than noncontiguous areas. Additionally, the city already owns the Proposed Project site to be used for the sports complex. The city does not have control of, but would have to obtain control of the Alternative 4 site in order to proceed under this alternative,making it infeasible economically for the Project. . . I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 99-44 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 7th day of June, 1999, 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 15th day ofJune, 1999. ~~ City Clerk ofthe-City of Gilroy (Seal)