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Resolution 1990-43 . . 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 1 . . 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 2 . . 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 -3- . . 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 4 . . 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 5 . . ('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 6 ...... ~ . . . 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. ~:. (Seal)