Resolution 1990-43
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RESOLUTION NO. 90-43
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING FINDINGS, MITIGATION MEASURES AND THE
MITIGATION MONITORING PROGRAM WITH REGARD TO IMPACTS OF
A GENERAL PLAN AMENDMENT ON A 883 ACRE PARCEL BY NOB
HILL GENERAL STORE, INC.
WHEREAS, after duly noticed public hearings as required by
law,
the Planning Commission of the City of Gilroy
has
recommended that the City Council approve findings, mitigation
measures
and
the mitigation monitoring
program
for
an
Environmental Impact Report for a general plan amendment changing
land use on approximately 883 acres of land at 3050 Hecker Pass
Highway opposite Burchell Road and,
WHEREAS, the aforementioned environmental impact report
found
no
adverse
impacts
which
cannot
be
mitigated,
THEREFORE, BE IT RESOLVED, that the City Council of the
City of Gilroy hereby makes findings in regard to the impacts of
said project, as specified in the Final Certified Environmental
Impact Report for said project, and adopts mitigation measures
which will reduce any significant effects of said project to an
acceptable level as set forth in EXHIBIT A attached hereto and
incorporated herein by reference.
BE IT FURTHER RESOLVED that the Council approves and directs
RESOLUTION NO. 90-43
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compliance with the Mitigation Monitoring Program as set forth in
EXHIBIT B attached hereto and incorporated herein by reference.
PASSED AND ADOPTED this 16th day of July 1990, by the
following vote:
AYES:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM,
NELSON and VALDEZ
NOES:
ABSENT:
COUNCILMEMBERS: HUGHAN
COUNCILMEMBERS: NONE
APic7~ I:h ikR~
. )Mayor
t.
I
RESOLUTION NO. 90-43
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EXHIBIT A
Findings and Mitigation' Measures
GEOLOGY/SOIL IMPACTS:
Mitigation:
1. (Final EIR, Attachment A) Building construction to comply with UBC
structural earthquake regulations.
2. (Final EIR, Attachment A) Site-specific geotechnical analysis shall
be required within "annexation area" of project site.
3. (Final EIR, Attachment A) Preparation of geotechnical/soils report
for each application of new development.
4. (Final EIR, Attachment A) Preparation of erosion control plan.
10. (City of Gilroy Staff Report, GPA 88-2) If Williamson Act contracts
are dissolved, the applicant must pay all penalties due.
Finding: Mitigation measures reduce this impact to a non-significant level.
This impact will be adequately mitigated.
HYDROLOGY IMPACTS:
Mitigation:
4. (Final EIR, Attachment A) Preparation of erosion control plan.
5. (Final EIR, Attachment A) Designate areas along Uvas Creek as Open
Space.
6. (Final EIR. Attachment A) Revise existing storm drainage master
plan to include proposed development.
7. (Final EIR, Attachment A) Prepare soil erosion/sediment control
plan and incorporate with storm drainage master plan.
8. (Final EIR, Attachment A) Alteration of Uvas Creek channels subject
to further environmental review.
Finding: Mitigation measures reduce this impact to a non-significant level.
This impact will be adequately mitigated.
BIOTIC RESOURCE IMPACTS:
Mitigation:
7. (City of Gilroy Staff Report, GPA 88-2) Native trees and shrubs
shall be preserved wherever possible. Those which are removed
shall be replaced according to a revegetation plan subject to the
approval of the Planning Director and the Director of Parks and
Recreation.
9. (Final EIR, Attachment A) Set back buffers shall be consistent with
riparian corridors and shown on site plan.
10. (Final EIR, Attachment A) Preparation of revegetation plan in
coordination with landscape plah.
Finding: Mitigation measures reduce this impact to a non-significant level.
This impact will be adequately mitigated.
VISUAL QUALITY IMPACTS:
Mitigation:
8. (City of Gilroy Staff Report, GPA 88-2) All development on the site
shall be set back a minimum of 100 feet from the top of the bank of
any riparian corridor.
9. (City of Gilroy Staff Report, GPA 88-2) No construction shall "take
place within 100 feet of the adjacent highway, which is designated
as a scenic highway. All buildings and storage areas must be
screened from the highway.
11. (Final EIR. Attachment A) Review of final project siting,
architectural and landscaping plans.
Finding: Mitigation measures reduce this impact to a non-significant level.
This impact will be adequately mitigated.
RESOLUTION NO. 90-43
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ACOUSTICAL CONSIDERATIONS - IMPACTS:
Mi tigation:
6. (City of Gilroy Staff Report. GPA 88-2) The developer shall prepare
a noise reduction plan. subject to the approval of the Director of
Planning. to address potential noise impacts.
12. (Final EIR. Attachment A) Preparation of noise reduction plan.
14. (Final EIR. Attachment A) Compliance with noise ordinance
restrictions.
Finding: Mitigation measures reduce this impact to a non-significant level.
This impact will be adequately mitigated.
TRAIL IMPACTS:
Mitigation:
4. (Final EIR. Attachment A) Preparation of erosion control plan.
13. (Final EIR, Attachment A) Offer to dedicate trail easement.
Finding: Mitigation measures reduce this impact to a non-significant level.
This impact will be adequately mitigated.
TRAFFIC IMPACTS:
Mitigation:
1. (City of Gilroy Staff Report. GPA 88-2) Facilities encouraging
bicycle use shall be provided.
2. (City of Gilroy Staff Report, GPA 88-2) The developer shall provide
bus stops. turnouts and shelters to meet the approval of the
Director of Public Works and Santa Clara County Transit District.
11. (City of Gilroy Staff Report. GPA 88-2) The developer must
contribute to any necessary signalization subject to the approval
of the City Engineer.
14. (Final ElR. Attachment A) Compliance with noise ordinance
restrictions.
15. (Final EIR. Attachment A) Developer agreement to define and provide
funding for traffic improvements for Phase I.
16. (Final EIR. Attachment A) Developer agreement to define and provide
funding for traffic improvements for Phase II.
17. (Final EIR. Attachment A) Developer agreement to define and provide
funding for traffic improvement~ for Phase ~II.
18. (Final EIR. Attachment A) Review and approval of all construction
contracts.
19. (Final EIR, Attachment A) Compliance with alternative transit
options.
Finding: Mitigation measures reduce this impact to a non-significant level.
This impact will be adequately mitigated.
AIR QUALITY IMPACTS:
Mitigation:
Finding: Mitigation measures reduce this impact to a non-significant level.
This impact will be adequately mitigated.
PUBLIC SERVICES IMPACTS:
Mitigation:
3. (City of Gilroy Staff Report. GPA 88-2) The design of all storm
drainage and sewer lines shall be subject to the approval of the
Director of Public Works and the Santa Clara Valley Water District.
4. (City of Gilroy Staff Report, GPA 88-2) Street improvements shall
be provided by the developer subject to the approval of the
Director of Public Works.
20. (Final EIR. Attachment A) Payment of additional public safety fees
if necessary.
21. (Final EIR. Attachment A) Compliance with requirements of Gilroy
Unified School District.
Finding: Mitigation measures reduce this impact to a non-significant level.
This impact will be adequately mitigated.
RESOLUTION NO. 90-43
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ARCHAEOLOGICAL RESOURCE IMPACTS:
Mitigation:
5. (City of Gilroy Staff Report, GPA 88-2) The developer shall provide
for an archaeological reconnaissance of the site prior to the
~ssuance of any building permits.
22. (Final EIR. Attachment A) Remains of CA-SCT-82 should be protected
from further development with archaeological easement.
23. (Final EIR. Attachment A) Completion of subsurface archaeological
testing.
24. (Final EIR. Attachment A) lnclusion of specific language on permits
issued for project.
25. (Final EIR. Attachment A) Completion of archaeological survey pri~r
to any ground-disturbing activities.
Finding: Mitigation measures reduce this impact to a non-significant level.
This impact will be adequately mitigated.
EXHIBIT B
Mitigation Monitorin~ Program
MITWATION MONITORING pn.Om~.AM CIlECI\LIS'I'
Hecker Pass.,A Family Adventure'
Prior 10 the issuuul:C of a Grading Permit for any phase of the project, t.he following mitigations shall be referenced on Lhe
Fill,,1 Map 01' includC"d in grueling plnns: .
---. Pllrty Pllrty
Implementution
1\1 it il!ution NlIlul'e of Mitiglltion Hesponsible for Hesponllihle for Confil"med By City
NUlll!otll' IlIIplemcn tu lion Monitol"ing I'lllniling \l.c 111111' IUI
:l Prepurlllillll of gcolechnicuVsoils Pl"Ujecl Applicllllt Public Works
reporl for each lIppl. of new Direclor ,
.--.----- t1cvlJIOII!nIHll.
.1 Prelluraliun of erosion conlrol Projecl Applicllnt Public Works
plan. Di rector
Ii Oesignulc arcas IIlong {)vus Project Applicllllt Planning Director
1---- e...,t<11 liS upell space
/, ~seexisLing storlll t1raina{:ll Project Applicant City En!,rinellr
IlIl1ster [llllll lo inclnde proposee1
elevt:lollllwnl.. . ,.,
-- 7 Pre pa I'll suil erosion/sedimcnt ,Projllct Applicant City Engineer
contrul plan Ullll incorporale wilh
.-.---- sl,l.flll dntinal!c lunster plan
Ij Alleralion of UVllS Creek Project Applicanl Planning Director
channe,ls subjecl lo furllllJr Culif. Depl, Fisb
euvirllullleulal review IIncl Gume
U.S, Army Corp of
.-.--- I~nl~incers
!) S(,l hack bnffers shall be Project Applicllnt Plallning Director
cunsis lent. with riparian
"llrridlln; uucl shuwn on sitl) Illan
11 Review of finnl PI'OjllCt Projllct Applicunt Plunning Direclor
5 i ting ,II rch i tecluru I, und Design Review -
-"1:1- IlInebc~ll~ plans Committee
OlTer to clcdiclIte trnil ellsement Project Applicnnt Planning Director
),1 COlllpliunce wilh noise ordinance Project Applicant City Engineer
reslriclions
IEl Rt:view and IIpprovlIl of 1111 Project Applicunt Planning Director
construclion COil tracts
22 Remains 0~CA.SC'l'-B2 should be Project Applicant Planning Director
protected from further
development with archaeologicul
eusement
2:1 Completion of subsurface Project Applicant Plunning Director
nrchlleololdcnlleslin~
2.' InclUSion of specific language on Project Applicant Planning Director .'
permit.s issued for project
25 Completion of ul'chileologiclIl Project Applicllnt Plnnning Director
sUI'vey prior lo uny ground. ,
dislnrllilll! lIcliviltes
RESOLUTION NO. 90-43
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('rio!' to the iH:H1ance of the Building Permit for any phase of the project, the following mitigations shall be ~'eferenced on
I.Iw Final Map or included in gmding plum):
"t'
Plu'ty Plll'ty Tmplementlltiun
Mitiglltioll NllllIl"c of Miligution Ilcs{>onsiblc for HCSPOllliiblc fOl' Confil'JI\ctllly Cily
N IImbCI' Implementation Monitol'ing Plunning Hemlll'ltS
1 I3l1ilding construction shall Project Applicant Building Inspector
cUlIlply lo.vilh Uniform Building
Code strllclllrnl ellrthquuke
reC!lllulions
2 Site-splJcific geotechll ica I Project Applicant City Engineer
nl1alysis shall he reCJuired within
"annexll!.ion Ilman of Ilroiect site
:i nesignllte areas nlong Uvus Project Applicllnt Planning Direclor
Creek liS Ol)(m snnce
10 Preptlrlltion of revegetation plnn Project Applicllnl Plllnning
in coordinnlion with landscape Depnrtment ,
plan
2:1 Completion of slIhsnrfllcll Project Applicllnt Plllllning Oil'eclor
rtrchaeolol!iclIll.eslin~
2-1 Inclusion ot specific 11Ingullge on Project Applicant Plllnning Director
permils issned for nroiect
Prillr tll the issuance of' a Use Permit for any phase of the pt'oject, the f'ollowing mitigations shull be incorpo;atcd into the
filllll t;il.e plan:
Party PUI'ty I mplclllcntlltion
M ilil[lIlioll Nallll"C of Mitiglltion Hesponsible for lws(lonsible fur Confirmcd By City
NlIlIlhcl' Implementation Monitoring PIunnlng Hcmurltll
"
---,- l'rcpilJ'ulion of noise rllducLion 'l'hcltlll PUl'k Owner Plunning Director
12
pllln - ,
Iii Oeveloper ugreement to define Project Applicllnt City Council
unt! pl'ovidll funcling for trllffic City Council
imlll'Ovemenls for Phase I
Hi Oeveloper agreement to define Project Applicant City Council
und provide funding for truffic City Council
imnrovI'lIlc!nt.s fur Phnse II
17 J)clvelClpcl' agreement to dcfine Project Applicon t City COl/ncil
lInd provide funding for trllffic City Council ,
improvemcllts fo~ Phllse III
,-. COlllplillncll with nlternutive Project Applicunt City Plunnin/:
J!)
ll"/lnsilontions Oennl'tment
20 Puyment of udditionul public Project Applicllnt Public Sofety
sufelv fees if necessnrv J)j rector
21 Compliance with requirements of Projccl Applicunt City Plnnnillg
Cilrov Ullitie,l School Oistrict ))cllllrtmellt
2ft Inclusion of specific InngulIge on Projecl Applicont Plllnning Director
!lcrmits issued for Ilroject
RESOLUTION NO. 90-43
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 90-43 is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the
16th
day of
July
19 90 ,
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 17th day of July
19 90.
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(Seal)