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Resolution 1992-68 "i.;TWI'" , . . RESOLUTION NO. 92- 68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING GPA 84-01, ADOPTING A NEW CIRCULATION AND AIR QUALITY ELEMENT FOR ITS GENERAL PLAN, MAKING CERTAIN FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND ADOPTING A MITIGATION MONITORING PROGRAM WHEREAS, the City of Gilroy has submitted GPA 84-0l to adopt a new Circulation and Air Quality Element to replace the existing Element in the Gilroy General Plan: and WHEREAS, the City caused to be prepared under its direction and control and pursuant to the requirements of the California Environmental Quality Act ("CEQA") draft and final Environmental Impact Reports ("EIR") for the project: and WHEREAS, the final EIR and GPA 84-01 were reviewed and considered by the Planning Commission at a duly noticed public hearing on the 4th day of June, 1992, and after that public hearing the Planning Commission, with two commissioners absent, did unanimously vote to recommend that the city Council find the EIR to be complete and in compliance with CEQA and then did unanimously adopt Resolution No. 92-21 making certain findings and recommending that the city Council approve GPA 84-01: and WHEREAS, the City Council has on the l5th day of June, 1992, conducted a duly noticed public hearing and after that public hearing did certify that the final EIR was completed in compliance with CEQA, that it reflected the independent judgment of the City, and that the final EIR was presented to the City Council and the City Council reviewed and considered the information contained therein prior to taking action on GPA 84-0l: NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council hereby makes the findings regarding project impacts and project alternatives, and adopts the statement of overriding considerations, all as set forth in Attachment A, incorporated herein by this reference: and RESOLUTION NO. 92 - 68 -l- .~ . . B. The mitigation monitoring program required by Public Resources Code section 21081.6 as set forth in Attachment Band incorporated herein by this reference, is hereby adopted: and C. The City Council further finds that: 1. The City has taken all actions required by the California Environmental Quality Act: and 2. The adoption of GPA 90-07 is in the public interest: and D. GPA 84-01 should be and hereby is approved, so that the Gilroy General Plan is amended by substituting a new Circula- tion and Air Quality Element for the entire existing Element in the Gilroy General Plan. PASSED AND ADOPTED this 3rd day of , 1992 August by the following vote: AYES: COUNCILMEMBERS: GILROY, HALE, KLOECKER, ROWLISON, VALDEZ and GAGE. NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: NELSON APPROVED: ATTEST: ~~~~~ ,-City Clerk RESOLUTION NO. 92 - 68 -2- . . ATTACHMENT A ADDENDUM TO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING FINDINGS, MITIGATION MEASURES, AND STATEMENTS OF OVERRIDING CONSIDERATIONS PERTAINING TO THE FINAL ENVIRONMENTAL IMPACfREPORT FOR THE GENERAL PLAN CIRCULATION AND AIR QUAliTY ELEMENT. The City Council fmds that one or more significant effects would likely result from approval of this project and that the substantial evidence and mitigation measures relied upon by this Council supporting the required findings are set forth as follows: I. SIGNIFICANT EFFECTS A. LAND USE A.I. Significant Effect: The acquisition of property for development of proposed roadway improvements would impact property owners. This is considered a significant impact. Mitigation or Avoidance: This impact will be reduced and mitigated by the following mitigation measure(s): Final roadway design would avoid developed sites to the greatest extent possible. All property acquisition and relocation would be conducted in accordance with state and local laws. All property owners would receive fair market value for acquired land. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. A.2. Significant Effect: The development of proposed roadways in existing residential areas would result in potentially significant land use compatibility impacts associated with increased noise and safety hazards. Mitigation or A voidance: This impact will be reduced and mitigated by the following mitigation measure(s): Final new roadway design would avoid residential areas to the greatest extent possible. Setbacks and/or noise barriers would be implemented as appropriate to mitigate noise and safety impacts. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. A.3. Significant Effect: Increased traffic volumes on Wren Avenue and Tenth Street resulting from network changes that provide new direct routes would result in potentially significant land use compatibility impacts associated with increased noise and public safety hazards in residential and school areas. Increased traffic from future growth on existing roadways would result in potential land use impacts associated with increased noise and public safety hazards upon adjacent uses along Wren A venue, Tenth Street, and Princevalle Street. Mitigation or Avoidance: This impact will be reduced and mitigated by the following mitigation measure(s): Speed and other traffic controls (e.g. warning lights, crosswalks, signs) would be provided in residential and school areas to reduce potential public safety hazards associated with increased traffic volumes. . . Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the fmal EIR. AA. Significant Effect: The development of new roadways would result in a significant loss of agricultural1and and could disrupt existing agricultural operations by fragmenting agricultural production units. Mitigation or A voidance: This impact will be reduced and mitigated by the following mitigations measure(s): Final new roadway alignments would avoid fragmenting existing agricultural operations and provide availability of routes for movement of agricultural equipment to the greatest extent possible. General Plan policies provide for retaining agricultural land on undeveloped sites until the conversion to urban uses is required. However, the loss of agricultural land could not be fully mitigated. Finding: The City Council finds that the mitigation measures adopted above will partially mitigate this impact. To the extent that the impact is not mitigated to a level of nonsignificance, specific economic, social, or other considerations make infeasible other mitigation measures or project alternatives identified in the OEIR. A.5. Significant Effect: Future growth in the Gilroy area would result in the significant, unavoidable loss of agricultural land. Mitigation or Avoidance: This impact will be reduced and mitigated by the following mitigations measure(s): General Plan policies provide for retaiIting agricultural land on undeveloped sites until the conversion to urban uses is required. However, the secondary impacts upon agricultural land could not be fully mitigated. Finding: The City Council finds that the mitigation measures adopted above will partially mitigate this impact. To the extent that the impact is not mitigated to a level of nonsignificance, specific economic, social, or other considerations make infeasible other mitigation measures or project alternatives identified in the OEIR. A.6. Significant Effect: Future growth in the Gilroy area would result in secondary impacts upon open space. Mitigation or A voidance: This impact will be reduced and mitigated by the following mitigations measure(s): The secondary impacts upon opcn space would be unavoidable. Finding: The City Council finds that specific economic, social, or other considerations make infeasible other project alternatives identified in the DEIR. A.7. Significant Effect: Future growth in the Gilroy area could result in secondary impacts upon the jobs/housing balance, resulting in increased pressure for housing in nearby communities. Mitigation or Avoidance: This impact will be reduced and mitigated by the following mitigations measure(s): Continued implementation of the General Plan policies to maintain a jobs/housing balance. However, the secondary impacts upon jobs/housing could not be fullytmitigated. Finding: The City Council fmds that specific economic, social, or other considerations make infeasible other project alternatives identified in the OEIR. . . B. GEOLOGY B.1. Significant Effect: Proposed roadway improvements would be subject to potential seismic hazards including differential settlement, liquefaction, and lateral spreading. Mitigation or Avoidance: This impact will be reduced and mitigated by the following mitigation measure(s): Geotechnical investigations would be conducted for all new roadways at the time these facilities are proposed. Seismic hazards can generally be mitigated through standard seismic engineering techniques. General Plan policies would restrict development and provide for mitigation in geologically hazardous areas. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the fmal EIR. B.2. Significant Effect: Expansive soils, found throughout Gilroy, could potentially damage roadway improvements. Mitigation or Avoidance: This impact will be reduced and mitigated by the following mitigation measure(s): Soil investigations would be conducted for all new roadways at the time these facilities are proposed. Expansive soils can be mitigated through standard engineering techniques. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the fmal EIR. B.3. Significant Effect: Development of the proposed Mantelli Drive extension (west) and the widening of S.R. 152 (west) would result in potential slope stability impacts. Mitigation or Avoidance: This impact will be reduced and mitigated by the following mitigation measure(s): Geotechnical investigations would be conducted at the time Mantelli Drive extension (west) and widening of S.R. 152 (west) are proposed, and the recommendations of these investigations incorporated into final project design. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. BA. Significant Effect: Future growth in the Gilroy area would be subject to potential geologic and seismic hazards. Mitigation or Avoidance: This impact will be reduced and mitigated by the following mitigation measure(s): Geologic site investigations would be required for future development proposals located in areas of potential geologic and seismic hazards. General Plan policies would restrict development and provide for mitigation in geologically hazardous areas. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the fmal EIR. B.S. Significant Effect: Development of the proposed roadway improvements would result in potential erosion impacts during construction. Mitigation or A voidance: This impact will be reduced and mitigated by the following mitigation measure(s): Standard erosion control techniques would be implemented to minimize erosion during construction. General Plan policies would provide for erosion control during and after construction. . . Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final ElR. C. DRAINAGE AND FLOODING c.t. Significant Effect: Portions of the proposed Eastside Boulevard would be located within the lOO-year floodplain. Mitigation or A voidance: This impact will be reduced and mitigated by the following mitigation measure(s): A hydrological investigation would be conducted for Eastside Boulevard in the area of the tOO-year floodplain, and the final roadway designed so that it does not increase flooding and drainage on adjacent properties. Design of the roadway would be coordinated with the Santa Clara Valley Water District. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. C.2. Significant Effect: Development of the proposed roadway improvements would increase the rate and amount of storm runoff. Mitigation or A voidance: This impact will be reduced and mitigated by the following mitigation measure(s): Drainage facilities would be provided for proposed roadway improvements. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. C.3. Significant Effect: Future growth in the Gilroy area would increase the rate and amount of storm runoff, resulting in secondary impacts upon drainage and flooding. Mitigation or A voidance: This impact will be reduced and mitigated by the following mitigation measure(s): The potential drainage and flooding impacts of future growth can be reduced by the development of a master drainage plan for the South County in coordination with the Santa Clara Valley Water District. Hydrological studies would be required for projects proposed in floodplain areas. General Plan policies would restrict development and provide for mitigation in flooding and other hazardous areas. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. CA. Significant Effect: Potential water quality impacts would result from increased pollutants (Le. grease, oil) in runoff from proposed new roadways. Mitigation or Avoidance: This impact will be reduced and mitigated by the following mitigation measure(s): Drainage facilities for the proposed roadway improvements would be designed in accordance with requirements of the California Regional Water Quality Control Board. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the fmal EIR. . . C.S. Significant Effect: Future growth in the Gilroy area would result in secondary impacts upon surface and groundwater quality. Mitigation or Avoidance: This impact will be reduced and mitigated by the following mitigation measure(s): Secondary water quality impacts would be mitigated by construction of storm drain systems in accordance with the requirements of the California Regional Water Quality Control Board and the National Pollutant Discharge Elimination System. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. C.6. Significant Effect: The construction of roadway improvements in creek areas, including bridges and bridge widenings, would potentially result in increased erosion, turbidity, and sedimentation of creek channels. Mitigation or A voidance: This impact will be reduced and mitigated by the following mitigations measure(s): Standard construction techniques would be implemented to minimize erosion in creek areas, including: construction during low flows, slope stabilization measures, and temporary and permanent erosion control facilities. General Plan policies would require erosion control during and after project construction. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. D. VEGETATION AND WILDLIFE D.1. Significant Effect: Construction of roadway improvements in creek areas would result in impacts to riparian habitats, including those of Llagas and Uvas/Camadero Creeks. Mitigation or A voidance: This impact will be reduced and mitigated by the following mitigations measure(s): Construction of roadways in creek areas would incorporate the following measures to mitigate impacts to the riparian corridor: 1) construct clear span bridges rather than culverts where possible, 2) restrict construction area to minimize vegetation loss, and 3) replace all removed riparian habitat in accordance with the requirements of the California Department of Fish & Game. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. D.2. Significant Effect: Development of the proposed roadways could impact special status vegetation and wildlife species. Mitigation or A voidance: This impact will be reduced and mitigated by the following mitigations measure(s): Surveys for special status species would be conducted for roadways located in potential habitat areas at the time these developments are proposed. These surveys would be conducted by a qualified biologist during the proper time of year. The roadway projects would incorporate the recommendations of the survey to protect any identified species. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the fmal EIR. . . D.3. Significant Effect: Development of all the proposed new roadways would result in a significant, unavoidable loss of vegetation and wildlife habitat in the Gilroy area. Mitigation or Avoidance: This impact will be reduced and mitigated by the following mitigations measure(s):Impacts to vegetation and wildlife habitats would be partially reduced by the following measures: I) preservation of mature trees, 2) establishment of buffer zones between proposed roadways and riparian corridors, 3) avoiding creek crossings to the greatest extent possible during final roadway design, 4) use of clear span bridges rather than culverts at creek crossings, and 5) revegetation using native plant materials. General Plan policies provide for the planting of trees and other roadside vegetation. Finding: The City Council finds that the mitigation measures adopted above will partially mitigate this impact. To the extent that the impact is not mitigated to a level of nonsignificance, specific economic, social, or other considerations make infeasible other mitigation measures or project alternatives identified in the DEIR. D.4. Significant Effect: Future growth in the Gilroy area would result in secondary impacts upon vegetation and wildlife. Mitil!ation or Avoidance: This impact will be reduced and partially mitigated by the following mitigations measure(s): Secondary vegetation and wildlife impacts can be partially reduced by preservation of sensitive habitats, protection of riparian areas, and revegetation and tree replacement plantings. General Plan policies call for the preservation of natural resource and wildlife habitat areas. Finding: The City Council finds that the mitigation measures adopted above will partially mitigate this impact. To the extent that the impact is not mitigated to a level of nonsignificance, specific economic, social. or other considerations make infeasible other mitigation measures or project alternatives identified in the DEIR. E. AIR QUALITY E.l. Significant Effect: Construction of the proposed roadway improvements would result in short-term air quality impacts (dust). Mitigation or Avoidance: This impact will be reduced and mitigated by the following mitigations measure(s): I) watering of exposed areas, 2) street sweeping near access routes, and 3) paving and revegetation of exposed areas as soon as possible. Finding: Changes or alterations have been required in, or incOlporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. E.2. Significant Effect: Future growth in the Gilroy area would result in significant secondary air quality impacts. Mitigation or A voidance: This impact will be reduced and partially mitigated by the following mitigations measure(s): the adoption and implementation of the policies of the proposed Circulation and Air Quality Element. Finding: The City Council finds that the mitigation measures adopted above will partially mitigate this impact. To the extent that the impact is not mitigated to a level of nonsignificance, specific economic, social, or other considerations make infeasible other mitigation measures or project alternatives identified in the DEIR. . . F. NOISE F.1. Significant Effect: Construction of the proposed roadway improvements would result in short-term noise impacts. Mitigation or A voidance: This impact will be reduced and mitigated by the following mitigations measure(s): 1) limiting construction hours to weekdays between 7 AM - 7PM, 2) using equipment in good mechanical condition with improved mufflers, and 3) using temporary berms or noise barriers where possible. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in !he final Ern.. F.2. Significant Effect: Increased traffic on existing roadways generated by future growth in !he Gilroy area would result in significant noise increases along portions of Wren A venue, Kern Avenue, Tenth Street, Miller Avenue, Monterey Street, Santa Teresa Boulevard, Leavesley Road, and Pacheco Pass Road. Development of the proposed Eastside Boulevard and Mantelli Drive extension (east) would also significantly increase noise levels along !hese roadways. Mitigation or Avoidance: This impact will be reduced and mitigated by the following mitigations measure(s): General Plan policies and City requirements calling for setbacks or noise walls between roadways and sensitive receptors where City noise level standards are exceeded. In addition, Caltrans policies require noise walls along state roadway facilities where noise levels exceed 67 decibels in sensitive receptor areas. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final Ern.. G. CULTURAL RESOURCES G.1. Significant Effect: Development of the proposed roadway improvements would result in potential impacts upon prehistoric and historic cultural resources. Mitigation or A voidance: This impact will be reduced and mitigated by the following mitigations measure(s): Cultural resource investigations would be conducted for all roadway improvements at the time !hese developments are proposed. Appropriate plans for evaluation and mitigation of impacted resources would be devised as part of the cultural resources investigation. General Plan policies provide for the preservation of historic and archaeologic resources. Finding; Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the fmal Ern.. G.2. Significant Effect: Future growth in the Gilroy area would result in secondary impacts to cultural resources. Mitigation or Avoidance: This impact will be reduced and mitigated by the following mitigations measure(s): Future project sites would be investigated on an individual basis to determine the potential cultural resource impacts and appropriate mitigation. General Plan policies provide for the preservation of historic and archaeologic resources. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in !he fmal Ern.. . . H. VISUAL H.l. Significant I':ffect: The construction of new roadways in undeveloped areas would result in visual impacts. Mitigation or A voidance: This impact will be reduced and mitigated by the following mitigations measure(s): The City would continue its active tree planting program along all new roads to mitigate visual impacts. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the fmal EIR. H.2. Significant Effect: The development of proposed railroad overcrossings and freeway interchanges would result in significant visual impacts. Mitigation or Avoidance: This impact will be reduced and partially mitigated by lhe following mitigations measure(s): The visual impacts of the proposed railroad overcrossings could be partially mitigated by providing underpasses at Masten A venue and Buena Vista A venue. However, the visual impacts of railroad overcrossings and freeway interchanges could not be fully mitigated. Finding: The City Council finds that the mitigation measures adopted above will partially mitigate this impact. To the extent that the impact is not mitigated to a level of nonsignificance, specific economic, social, or other considerations make infeasible other mitigation measures or project alternatives identified in the DEIR. H.3. Significant Effect: Future growth in the Gilroy area would result in significant visual impacts from the conversion of undeveloped and open space areas to urban development. Mitigation or A voidance: This impact will be reduced and partially mitigated by the following mitigations measure(s): Future project sites would be examined on an individual basis to determine potential visual impacts and appropriate mitigation. General Plan policies provide for the preservation of creeks, native trees, and open space areas for natural resources. Finding: The City Council finds that the mitigation measures adopted above will partially mitigate this impact. To lhe extent that the impact is not mitigated to a level of nonsignificance, specific economic, social, or other considerations make infeasible other mitigation measures or project alternatives identified in the DEIR. I. SERVICES AND UTILITIES 1.1. Significant Effect: Future growth in the Gilroy area would result in secondary impacts upon public services and utilities. Mitigation or Avoidance: This impact will be reduced and mitigated by the following mitigations measure(s): Future development would be examined on an individual basis to determine the demands and impacts upon public services and utilities. Developer fees and taxes generated by future development would provide revenue for the expansion of services. General Plan policies provide for an adequate public facilities system. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmcntal effect as identified in the final EIR. . . II. PROJECT ALTERNATIVES: A. NO PROJECT Alternative: The No Project alternative consists of leaving the existing General Plan in effect, without adoption of the proposed Circulation and Air Quality Element and proposed transportation system. Statement of Fact: The transportation system prescribed in the existing General Plan is not sufficient to meet the future demands at buildout of the Gilroy General Plan. The proposed Circulation and Air Quality Element will help to reduce the environmental impacts upon air quality and traffic congestion over the existing General Plan Circulation Element. Finding: The City Council fmds that there is a need to improve the future transportation system in Gilroy to reduce congestion and maintain a level of service C on all City roads and intersections. The City Council finds that the proposed Circulation Element is needed to provide an adequate transportation system to accommodate the City's General Plan Land Use and Housing Elements. B. INfERSECTION LEVEL OF SERVICE D Alternative: The Intersection Level of Service D alternative consists of modifying the proposed Circulation and Air Quality Element to call for a level of service D on all City roadways and intersections. Statement of Fact: A level of service D on City roadways and intersections would not meet the future traffic demands at buildout of the Gilroy General Plan, and would result in traffic circulation problems and increased congestion. All but a few of Gilroy's intersections are currently operating at level of service C or better. Finding: The City Council finds that a level of service C standard is needed to maintain adequate traffic circulation within Gilroy and to help attain air quality standards. A reduction of the traffic level of service below C would cause an unacceptable increase in traffic congestion, delays, and air pollution, and would adversely affect the City's ability to implement its urban development and housing goals. C. NO ROADWAY IMPROVEMENfS Alternative: The No Roadway Improvements alternative consists of eliminating the development of all proposed roadway improvements proposed in both the existing General Plan and the proposed Circulation and Air Quality Element. Statement of Fact: Elimination of all roadway improvements would not meet the future traffic demands at build out of the Gilroy General Plan, and would result in traffic circulation problems and increased congestion. Finding: The City Council fmds that there is a need to improve the future transportation system in Gilroy and maintain a level of service C on all City streets and intersections. . . ill. OVERRIDING CONSIDERATIONS A significant, unavoidable adverse environmental impact is a significant adverse impact which cannot be mitigated to a level of nonsignificance. The City Council finds that the following impacts referenced in the Final Environmental Impact Report and summarized in Section I of these findings, while lessened through proposed mitigation measures, cannot be mitigated to a level of nonsignificance. The project would result in significant, unavoidable impacts to agricultural land, visual/aesthetics, and vegetation and wildlife. Secondary impacts, associated with build out of the General Plan and accommodated by the proposed transportation system would have significant, unavoidable impacts upon open space, agricultural land, vegetation and wildlife, air quality, and visual/aesthetics. The City Council hereby fmds that the benefits of adopting the proposed General Plan Circulation and Air Quality Element nonetheless outweigh the unavoidable significant adverse environmental impacts. 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STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 92-68 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 3rd day of August ,19~, 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 28th day of 19 92. August (Seal)