Resolution 1992-75
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RESOLUTION NO. 92- 75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING GPA 90-05, AMENDING THE
GILROY GENERAL PLAN MAP TO CHANGE THE
DESIGNATION FROM INDUSTRIAL PARK AND VISITOR
SERVING COMMERCIAL TO GENERAL SERVICES
COMMERCIAL ON AN APPROXIMATELY l8-ACRE
PROPERTY LOCATED ON THE NORTHEAST CORNER OF
SAN YSIDRO AVENUE AND LEAVESLEY ROAD, AND
MAKING FINDINGS UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT AND ADOPTING A
MITIGATION MONITORING PROGRAM
WHEREAS,
Leavesley Road Associates has submitted
GPA 90-05, to amend the Gilroy Plan Map to change the designation
from Industrial Park and Visitor Serving Commercial to General
Services commercial on an approximately 18-acre property located
at the northeast corner of San Ysidro Avenue and Leavesley Road,
APN 835-04-0l7, -041, and -042: 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 90-05 were reviewed and
considered by the Planning Commission and the Planning commission
held a duly noticed public hearing on them on the 3rd day of
september, 1992, and after that public hearing the planning
commission voted to recommend that the city council find the EIR
to be completed in compliance with CEQA and adopted Resolution
No. 92-29 recommending approval of GPA 90-05: and,
WHEREAS, the city council conducted a duly noticed public
hearing on the final EIR and GPA 90-05 on the 2lst day of
september, 1992, 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 90-05;
RESOLUTION NO. 92 - 75
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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 Exhibit A,
incorporated herein by this reference: and
B. The mitigation monitoring program required by Public
Resources Code section 21081.6 is set forth in Exhibit B,
incorporated herein by this reference, and 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. Approval of GPA 90-05 would be in the public
interest: and,
D. GPA 90-05 should be and hereby is approved, so that
the Gilroy General Plan Map is amended to change the designation
from Industrial Park and visitor serving commercial to General
Services commercial on the 18 acres of property located at the
northeast corner of San Ysidro Avenue and Leavesley Road.
PASSED AND ADOPTED this 21st day of September
by the following vote:
, 1992
AYES:
COUNCILMEMBERS: GILROY, HALE, NELSON, ROWLISON
and GAGE.
NOES:
COUNCILMEMBERS: KLOECKER and VALDEZ.
ABSENT:
COUNCILMEMBERS: None
AU
Don Ga,_, M.~r~
ATTEST:
/~t=!.f:'!f;
RESOLUTION NO. 92 - 75
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Revised 9-24-92
EXHIBIT A
AN ADDENDUM TO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ADOPTING FINDINGS, MITIGATION MEASURES, AND STATEMENTS OF OVERRIDING
CONSIDERATIONS PERTAINING TO THE FINAL ENVIRONMENTAL IMPACT REPORT
FOR THE LEAVESLEY ROAD ASSOCIATES GENERAL PLAN AMENDMENT (GPA 90-05)
The City Council finds that one or more significant effects would likely
result from approval of this project and that the substantial evidence and
mitigation measures relied upon by this Council supporting the required
findings are set forth as follows:
I. SIGNIFICANT EFFECTS
A. GEOLOGY AND SOILS:
1. Sionificant Effect: It is likely that one of the nearby active
earthquake faults will cause at least one large-magnitude earthquake on the
project site during the lifetime of the proposed project. Therefore,
potential damage suffered by structures on the project site in the event of an
earthquake is considered to be a significant adverse impact.
Mitiaation or Avoidance: 1. Building construction on the project
site shall comply with the latest adopted Uniform Building Code structural
earthquake regulations. The final construction plans for any structure shall
be subject to the review and approval of the Building Inspector prior to the
issuance of a building permit to ensure compliance with these regulations.
Findina: Changes or alterations have been required in, or
incorporated into, such projects which mitigate or avoid the significant
environmental effects thereof as identified in the completed environmental
impact report.
B. SOILS:
2. Sianificant Effect: The project site contains the soil types of
Pleasanton Gravelly Loam and Zamora Clay Loam. The permeability of these soils
is moderately slow, run-off of both soil types is moderately slow, and the
hazard of erosion is slight. No significant impact is anticipated to result
from erosion on the project site as long as standard erosion control measures
are followed.
Mitioation or Avoidance: 2. Prior to the issuance of a grading
permit for the proposed project, a soils foundation analysis shall be
completed by a qualified soils engineer as required by Section III, Policy 16
of the Gilroy General Plan. The scope of this report shall be determined by
the City Engineer and Public Works Director and shall include analysis of
liquefaction potential at the location of each proposed structure.
Recommendations from this report shall be incorporated into the grading plans
for the proposed project and shall be subject to the review and approval of
the Public Works Director. 3. Construction of the proposed project should be
undertaken during the dry season (April lS-October lS). If construction of the
proposed project is undertaken during the wet season (October lS-April IS) or
any portion thereof, the project proponent shall- prepare an erosion control
plan. The erosion control plan shall incorporate the use of straw bales at
discharge areas and in swales as well as use of seeding and hydromulchi~g
where appropriate. The erosion control plan measures shall be subject to
review and approval by the City Engineer and Public Works Director prior to
issuance of a grading permit.
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Findina: Changes or alterations have been required in, or
incorporated into, such projects which mitigate or avoid the significant
environmental effects thereof as identified in the completed environmental
impact report.
C. HYDROLOGY
3. Sianificant Effect: The proposed project will increase the amount
of surface-water run-off on and off the project site. The Ronan Channel has
sufficient capacity to accommodate the surface-water run-off from the project
site based on build-out of the site under its existing general plan
designation of Industrial Park and Visitor Serving Commercial. Since the
roughness coefficient used to determine the area of impervious surface is the
same for both industrial and commercial uses (.BO), construction of commercial
uses on the project site is not anticipated to result in a net increase in
surface-water run-off on the project site over that projected for industrial
uses. Therefore, the proposed project will not exceed the capacity of the
Ronan Channel.
The proposed project has the potential to exceed the existing storm
drain infrastructure both on the project site and in the vicinity of the
project site connecting to the Ronan Channel. Significant adverse impacts such
as flooding on and off the project site could result if adequate storm drain
improvements are not implemented. This is a potentially significant adverse
impact.
Surface-water run-off from the project site, typical of commercial
development, is expected to contain minor concentrations of a variety of
pollutants, including oil and grease, nutrients, pesticides from landscaping,
and heavy metals from road and parking area pavements. The types and
concentrations of contaminants are ultimately dependent upon the specific
activities that occur on the project site. Therefore, the proposed project
could create significant adverse impacts associated with downstream pollution.
Mitiaation or Avoidance: 4. The construction drawings for the
proposed project shall include an infrastructure plan which details the type,
size, and location of all on-site drainage facility construction and all off-
site drainage facility improvements. These improvements shall include but not
be limited to a direct connection from the project site under Highway 101 to
the Ronan Channel as shown on the City of Gilroy Drainage Plan for the
northeast drainage area "e", as well as other culverts, channels, and
detention ponds where necessary to accommodate storm flows from the project
site. In addition, the infrastructure plan shall include grease traps to
collect pollutants contained in run-off from the project site. The precise
type, size, and location of all infrastructure improvements shall be
determined by the Public Works Director prior to the issuance of a grading
permit for the proposed project. 5. Approval by the City of Gilroy for the
proposed project shall state that the project will not exceed the capacity of
the Ronan Channel. This approval shall be obtained from the Santa Clara Valley
Water District before a grading permit is issued for the proposed project.
6. Approval of the off-site drainage easements shall be obtained from
Ca1trans and any other parties effected by the connection to Ronan Channel.
Findino: Changes or alterations have been required in, or
incorporated into, such projects which mitigate or avoid the significant
environmental effects thereof as identified in the completed environmental
impact report.
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D. TRAFFIC
4. Sionificant Effect: The proposed project, when combined with the
development of background projects, will result in a reduction below LOS C for
three street segments during weekday operations and eleven street segments
during weekend operations. This is considered to be a significant adverse
impact. The proposed project, when combined with development of background
projects, will result in a reduction below LOS C for four intersections in the
project study area during weekday operations, and du~ing weekend operations.
This is considered to be a significant adverse impact.
Mitiaation or Avoidance: The following mitigation measures address
the specific impacts from construction of the proposed Leavesley Road
Associates (Pacific West outlet Center Phase IV) project. The following
improvements shall be implemented, or a fee as determined by the Director of
Public Works, representing the project's pro-rata share of the costs of the
following mitigation measures (7-36) shall be paid, or a combination of
implementation and payment of a pro-rata fee, at the option of the City,
before an occupancy permit is issued for any commercial tenant on the project
site: 7. Add a second westbound left turn lane on Leaves1ey Road at the
southbound Highway 101 ramps. 8. Widen Leavesley Road to a six lane divided
arterial between the southbound Highway 101 ramps and Arroyo Circle. 9. Add a
second southbound San Ysidro Avenue right turn lane at Leavesley Road, and a
left turn lane at San Ysidro Avenue. 10. Widen the east half of San Ysidro
Avenue to accommodate at least a four lane arterial from the project's
northerly boundary to Leavesley Road. 11. Add a second eastbound"Leavesley
Road left turn lane ~ the project entrance. 12. Add a northbound Highway 101,
off-ramp through larle at Leavesley Road. 13. Add a westbound Leavesley Road
right turn lane to'access the north leg at the Leavesley Road/Arroyo Circle
intersection. The project exit should separate southbound left turn, through
and right turn lanes.
The following mitigation measures address the specific impacts
resulting from the existing traffic conditions, the construction of the
background projects and the overall build-out of the Leavesley Road Corridor.
These improvements are necessary to reduce the traffic problem created by all
the projects identified above. 14. Intersection signals shall be implemented
at the northbound and southbound Route 101 off-ramp approaches to Leavesley
Road to control free right-turn movements. 15. A separate right turn lane on
Eastbound Leaves1ey Road at the southbound route 101 ramps intersection. 16.
Add a northbound right turn lane on Monterey Ro~d at its intersection with
Leavesley Road. 17. Provide a second southbound right turn lane on the
Highway 101 southbound off-ramp at Leavesley Road. 18. Allow left turns from
the eas~bound Pacific West right turn exit lane. Preferably, a separate right
turn lane should be provided. 19. Signalize the Arroyo Circle/Pacific West
Outlet Mall-Camino Arroyo intersection. 20. Add a second eastbound Leavesley
Road right turn lane at Arroyo Circle. 21. Contribute toward an eastbound
left turn lane on Leavesley Road at Marcella Avenue. 22. Widen Arroyo Circle
to a six lane arterial between Leavesley Road and camino Arroyo. 23. Widen
Leavesley Road to a six lane divided arterial between the westbound Leavesley
Road to northbound Highway 101 on-ramp and Arroyo Circle. 24. Add a second
westbound left turn lane on Leavesley Road at the southbound Highway 101
ramps. 25. Add a third northbound left turn lane on Arroyo Circle at
Leavesley Road.
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26. Add second eastbound and westbound through lane for Welburn Avenue/
Leavesley Road at Monterey Road. 27. Add an exclusive westbound right turn
lane on Leavesley Road at Monterey Road. 28. Modify the Monterey Road/Welburn
Avenue-Leavesley Road traffic signal to accommodate additional channelization.
29. Consideration should be given to installing a second westbound left turn
lane on Leavesley Road at Monterey Road. This will be required for future
development scenarios. 30. Add a second westbound l~ft turn lane on Leaves1ey
Road a~ Arroyo Circle. 31. Widen San Ysidro Avenue to a four lane arterial.
32. Add a second northbound and southbound Arroyo Circle through lane on each
approach at the Pacific West Outlet Mall-Camino Arroyo intersection. 33.
Modify signal at Leavesley Road and Arroyo Circle. 34. Provide 10 foot
sidewalks along both sides of Leavesley Road between Murray Avenue and Arroyo
Circle where none exists. 35. Modify signal on San Ysidro/Highway 101
northbound off-ramp at Leavesley Road. 36. Modify signal on Highway 101
southbound off-ramp at Leavesley Road.
Prior to build-out of the short-term cumulative projects the project
proponent shall contribute a pro-rata share of the cumulative cost for the
funding of all short-term cumulative improvements to the Leavesley Road
corridor: 37. Adding a second south-bound left turn lane on Murray Avenue at
Leavesley Road will contribute a pro-rata share of the cumulative cost. 38.
A second through lane should be provided on each Murray Avenue approach would
contribute a pro-rata share of the cumulative cost. 39. A second westbound
left turn lane should be provided on Leavesley Road at its intersection with
Murray Avenue contributing a pro-rata share of the cumulative cost. 40. Four
lanes on westbound Leaves1ey Road at the northbound Route 101 Off-ramp
intersection would contribute a pro-rata share of the cumulative cost (one
lane could probably be dropped at the northbound on-ramp). 41. Longe~ left
and right turn lanes on the northbound Route 101 off-ramps would contribute a
pro-rata share of the cumulative cost.
Traffic improvements for this project and other projects in the area
will create a significant adverse impact on the median landscaping in the
project area and the entire length of Leaves1ey Road. Mitigation measure 7
through 13 will be implemented by the project applicant prior to the issuance
of an occupancy permit (or a pro-rata fee or a combination of both, as
described above). Mitigation measure 14 through 36 will be implemented by the
project applicant for projects in the area under the direction of the Director
of Public Works (as described above). When implementing these mitigation
measures, the applicants will be required to mitigate any loss of existing
landscape medians during the implementation of these measures. This will
include replacing existing landscape medians with new landscape medians. If
they provide landscaping over and above the existing landscaping, they will be
required to provide additional resources for maintenance. If replacement of
median strips are five feet or less in width, these medians should not be
landscaped.
The City of Gilroy Planning Department and the traffic engineering
firm TJKM prepared an update to the circulation element of the city's general
plan and a traffic impact fee program analysis based on current improvements
within the circulation element. Funding for implementation of these
mitigation measures and these certain traffic improvements within the
circulation element will be provided by the city's traffic impact fee program.
This fee will be assessed to the developer to cover any traffic improvements
required because of direct or cumulative impacts caused by the proposed
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project or identified within the city's general plan circulation element.
Impact fee credits will be given to improvements made on streets which are
identified on the traffic circulation element as long as these improvements
are made to the ultimate design of the street and/or intersections. The
developer will be required to pay the traffic impact fees for city-wide
traffic improvements prior to issuance of a building permit, subject to the
approval of the building official.
Findina: Changes or alterations have been required in, or
incorporated into, such projects which mitigate or avoid the significant
environmental effects thereof as identified in the completed environmental
impact report.
E. TRANSIT SERVICE
5. Sionificant Effect: New employees of the proposed project may need
to use the transit system to get to work~ In addition, customers and visitors
to the development will have the option of using public transit to get to the
retail stores~ This increase in transit use by employees and patrons will have
a significant impact on the existing transit services~
Mitioation or Avoidance: The consultant recommends that the Santa
Clara County Transportation Agency (SCCTA) identify the most feasible manner
to improve the public transit facility and access associated with the bus
stop~ In order to minimize the project impact on transit services, the
following mitigation measure is recommended: 42~ The project proponent shall
provide an adequate transit facility to serve the project as determined by the
SCCTA, and should meet their transit facility design policies. Improvements
identified as necessary to meet SCCTA transit policies shall be included in
the final improvement plans before the final map is recorded~ These
improvements shall be included as conditions of the project approval on the
tentative map and are subject to the review and approval of the City Planning
Director and the SCCTA~
The following improvements will be included in the transit facility
and shall be provided at no cost to the county: Installation of new bus stops
along San Ysidro Avenue or Leavesley Road; provision of a minimum 22 feet
curb lane or a County Standard bus duckout; Installation of a -121 x 501
concrete pavement section for the bus stop; provision of sidewalks and
handicap ramps; Provision of convenient sidewalks, pathways, cross-walks
between the project and new transit related facilities; Installation of
concrete shelter pads, new shelters, and a trash receptacle for each of the
proposed stops a The regular maintenance and repair of the new
shelters/receptacle shall be the developer's responsibility.
Findina: Changes or alterations have been required in, or
incorporated into, such projects which mitigate or avoid tne significant
environmental effects thereof as identified in the completed environmental
impact report.
F. AIR OUALITY
6. Sionificant Effect: Construction of the proposed project would
result in the emission of 90.1 pounds per day of TOG, 866.1 pounds per day of
CO, and 134.8 pounds per day of NOx. The emission levels for CO exceed the
BAAQMD standards for new commercial projects of 550 pounds per day. Although
mitigation measures have been presented that would reduce this impact, it
cannot be mitigated to a level of insignificance~ Therefore these emission
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levels are considered to be an unavoidable significant adverse impact.
Due to the relative lack of urban development in the immediate vicinity of the
project site, short-term uncontrolled PMIO emissions would not create a
significant impact on sensitive receptors. However, construction workers on
the project site could be subject to undue PMI0 exposure if dust-suppression
measures are not implemented. The proposed project is anticipated to reduce
particulate emissions from the project site in the long term.
Mitioation or Avoidance: The project applicant shall prepare an
emission reduction program in order to minimize the vehicle-related pollutant
emissions generated by the proposed project. This program shall be subject to
approval by the Planning Director prior to the issuance of a grading permit
for the proposed project. The program shall, at a minimum, consist of the
following measures: 43. Institution of an employee ridesharejvanpool program
and development and initiation of a guaranteed Ride Home Program for employees
who ride share. This program shall include provision for preferential
carpooljvanpool parking, designation of an employee transportationjrideshare
coordinator, and submission of evidence to the Planning Director of the
program's promotion among employees. 44. Provision of adequate and secure
storage facilities for the bicycles of both employees and customers of the
project site, as well as provision of employee shower and locker facilities,
in order to encourage the use of bicycles for transportation to work. 45.
The provision for transit design features within the development in order to
encourage the use of alternatives modes of transportation. 46. The provision
for pedestrian access between bus service and major points within the develop-
ment in order to encourage the use of alternative modes of transportation.
The contractor specifications for the proposed project shall be
submitted to the Building Director for approval prior to the issuance of a
grading permit for the proposed project. The contractor specifications shall
include the following particulate emission reduction measures: 47. Exposed
earth surfaces shall be watered during clearing, excavation, grading, and
construction activities. Watering of exposed earth surfaces could reduce
particulate emissions as much as 50 percent. All construction contracts should
require watering in late morning and at the end of the day. The frequency of
watering should increase if wind speeds exceed 15 miles per hour. 48.
Throughout excavation activity, haul trucks should use tarpaulins or other
effective covers at all times. 49. Upon completion of construction, measures
shall be taken to reduce wind erosion. Revegetation and repaving should be
completed as soon as possible.
The mitigation measures, if implemented, will effectively reduce
adverse air quality impacts from the proposed project and are consistent with
BAAQMD standard recommended mitigation measures for a proposed project of this
size. Significant adverse air quality impacts will be reduced to an acceptable
level with implementation of these recommended mitigation measures.
Findina: Specific economic, social or other considerations make
infeasible the mitigation measures or project alternatives identified in the
environmental impact report.
G. AESTHETICS - VISUAL RESOURCES
7. Sianificant Effect: The proposed project area serves as a gateway
to the City of Gilroy, providing a visual transition from the rural area to
the east to the urban area to the west. Construction of the proposed project
could result in a significant adverse impact if appropriate landscaping and
visual screening methods are not implemented.
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Mitiaation or Avoidance: 50. Conceptual and final project siting,
architectural, and landscaping plans for each structure on the project site
shall be subject to review through the city Architectural and Site Review
process and approved by the Planning Director prior to the issuance of a
grading permit for the proposed project. 51. The landscape plan for the
proposed project shall conform to the Consolidated Landscaping Policy of the
City of Gilroy and shall be reviewed and approved by the Planning Director
prior to the issuance of a building permit. Specific requirements contained
in this policy which are pertinent to the proposed project include the
following: a. Landscaping shall be provided within development areas most
visible from adjacent streets. b. A minimum 10-foot-wide planter area, in
addition to the public right-of-way, shall be provided along each street
frontage. c. At least eight percent of the gross land area, in addition to
public right-of-way, shall be landscaped. d. All portions of the site with
over 40 square feet in area and not specifically used for parking, driveways,
walkways or similar access, shall be landscaped.
Findina: Changes or alterations have been required in, or
incorporated into, such projects which mitigate or avoid the significant
environmental effects thereof as identified in the completed environmental
impact report.
H. AESTHETICS - NOISE
8. Sionificant Effect: Due to the proximity of the project site to the
Leavesley Road northbound High way 101 on-ramp and Highway 101, noise levels
could exceed city noise standards and result in a significant adverse impact.
This impact will depend on placement of structures, type of construction
materials, and provision of buffers on the project site.
Mitiaation or Avoidance: 52. The applicant shall prepare and submit
a building design noise analysis for all proposed structures on the project
site. This analysis should indicate structural noise attenuation measures
which will reduce interior and exterior noise to acceptable levels. This study
shall be reviewed and approved by the Planning Director prior to the issuance
of a building permit for the project.
Findina: Changes or alterations have been required in, or
incorporated into, such projects which mitigate or avoid the significant
environmental effects thereof as identified in the completed environmental
impact report.
I. PUBLIC SERVICES - WATER SERVICES
9. Sionificant Effect: The use of ground water resulting from
implementation of the proposed project could contribute to the lowering of the
water table in the Llagas Groundwater Basin. However, according to the SCVWD,
the use of 8.8 acre-feet of water per year on the project site will not result
in a significant adverse impact with regard to ground-water use, since the
entire Llagas Groundwater Basin supplies approximately 45,000 acre-feet of
water per year for the area.
The Gilroy city water system has a peak daily capacity of 11.5
million gallons. Based on the peak city water demand of 12,.5 million gallons
per day, the projected daily demand of 7,971 gallons per day of water to be
used by the proposed project may impact the city's overall water capacity. The
maximum day demand approaches the City of Gilroy's water system capacity and
additional water demand may create a significant adverse impact.
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Mitiaation or Avoidance: 53~ The species of plants, shrubs and
trees planted on-site should be native drought-tolerant species and should
consist only of those included on the Gilroy water-conserving plants and
landscapes list. A list of all species of vegetation to be planted on the
project site shall be reviewed through the city Architectural and Site Review
process and approved by the Planning Director along with the project landscape
plan.
Findina: Changes or alterations have been required in, or
incorporated into, such projects which mitigate or avoid the significant
environmental effects thereof as identified in the completed environmental
impact report 4
J. PUBLIC SERVICES - FIRE SERVICE
10. Siqnificant Effect: The proposed project will place an additional
demand on personnel and equipment on both the Fire Prevention Bureau and the
Operations Division of the Gilroy Fire Department. The public safety impact
fees to be paid by the project applicant will be sufficient to offset the
additional demands on equipment needed by the proposed project. However,
demands on personnel are not supported by public safety impact fees. In the
absence of additional funding, i.e., from general assistance district fund,
the proposed project would have a significant adverse impact on fire services.
Mitiaation or Avoidance: 54. The Gilroy Fire Chief shall be
contacted after submittal of a detailed site plan for the proposed project in
order to ensure that there are adequate resources to fund additional fire
services to the project. The Building Director shall not issue a grading
permit for the proposed project if adequate fire service to the project site
is not available.
K. PUBLIC SERVICES - SCHOOLS
11. Siqnificant Effect: The proposed project may result in an increase
of residents in Gilroy due to the hiring of employees on the project site.
Since this would result in an increase in school-age children within the
Gilroy Unified School District, significant adverse impacts could result if
adequate capacity is unavailable for additional students.
Mitigation Measure
Mitiaation or Avoidance: 55. Prior to the issuance of a building
permit for any structure on the project site, the applicant shall submit
evidence to the Planning Director that the fee requirements of the Gilroy
Unified School District have been met and that adequate school capacity is
available for new students.
Findina: Changes or alterations have been required in, or
incorporated into, such projects which mitigate or avoid the significant
environmental effects thereof as identified in the completed environmental
impact report.
L. ARCHAEOLOGICAL RESOURCES
12. Sianificant Effect: Based upon background research, it is concluded
that the project area does not contain known potentially significant cultural
resources. However, because unidentified buried cultural resources may be
found during project construction, standard mitigation is recommended in the
event of significant cultural resource discovery.
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Mitiaation or Avoidance: 56. If archaeological resources or human
remains are accidentally discovered during construction, work shall be halted
within 150 feet of the find until it can be evaluated by a qualified
professional archaeologist. If the find is determined to be significant,
appropriate mitigation measures shall be formulated and implemented prior to
continuation of construction. Such mitigation shall be subject to approval by
the Planning Director.
Findina: Changes or alterations have been required in, or
incorporated into, such projects which mitigate or avoid the significant
environmental effects thereof as identified in the completed environmental
impact report.
II. PROJECT ALTERNATIVES,
A. No Pro;ect Alternative {environmentally oreferable alternative.}
Alternative: The No Project Alternative consists of leaving the site in
its present condition. (EIR p. 78)
Statement Of Fact: The no project alternative is inconsistent with the
existing General Plan designations, which allow development of the site.
Findina: The City Council finds that there is a need to increase the
supply of commercial enterprises in the City (in a range providing for a
variety of family sizes, income levels and age groups) in order to accommodate
the City.s growing population. The No Project Alternative would not meet the
City's immediate need for increased commercial development. The City Council
thus finds that the No Project Alternative is not desirable. This alternative
is not "feasible" as defined in Section 15364 of CEQA Guidelines because it is
not capable of being accomplished in a successful manner taking into account
economic, social, and legal factors. Specific economic, social, or other
considerations make infeasible this project alternative identified in the
EIR. (See also Statement of Overriding Considerations, Section III, below.)
B. Alternative Location 1 Santa Teresa Boulevard Site
Alternative: The Santa Teresa Boulevard Site Alternative consists of
using the site the southeast corner of Santa Teresa Boulevard and First
Street. (EIR p. 79)
Statement Of Fact: The alternative site does not have access to or
visibility from Highway 101, and therefore would not attract a high percentage
of customers from other parts of the region. In addition, the applicant does
not own this alternative site. Further, using an alternative site wo~ld also
lead to a loss of air quality.
Findina: The alternative site would not fulfill the objectives of the
proposed project of providing profitable retail services because the
alternative site is not near Highway 101. This alternative is not "feasible"
as defined in Section 15364 of CEQA Guidelines because it is not capable of
being accomplished in a successful manner taking into account economic,
social, and legal factors. Specific economic, social, or other-considerations
make infeasible this project alternative identified in the DEIR. (See also
Statement of Overriding Considerations, Section III, belo~.)
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c. Existina General Plan Buildout Alternative
Alternative: The Existing General Plan Buildout Alternative consists of
keeping the Industrial Park and Visitor Serving Commercial designations on the
site, and developing it under its present designation (EIR p. 79).
Statement Of Fact: This alternative would still allow development of
the site, but would not allow retail commercial services as proposed.
Further, allowing the current designation to remain on the property would also
lead to a loss of air quality.
Findina: The City Council finds that there is a need to increase the
supply of commercial enterprises in the City (in a range providing for a
variety of family sizes, income levels and age groups) in order to accommodate
the City's growing population. The Existing General Plan Buildout Alternative
would not meet the City's immediate need for increased commercial development.
The City Council thus finds that this alternative is not desirable. This
alternative is not "feasible" as defined in Section 15364 of CEQA Guidelines
because it is not capable of being accomplished in a successful manner taking
into account economic, social, and legal factors. Specific economic, social,
or other considerations make infeasible this project alternative identified in
the EIR. (See also Statement of Overriding Considerations, Sec. III, below.)
III. OVERRIDING CONSIDERATIONS
An unavoidable significant adverse environmental impact is a significant
adverse impact which cannot be mitigated to a level of insignificance. The
City Council finds, as summarized in Section 3.1 of the EIR, that the project
will result in one significant unavoidable impact; that being the loss of air
quality. This impact, referenced in the Final Environmental Impact Report,
Sec. 3.1, cannot be mitigated to a level of insignificance. The City Council
hereby finds that the benefits of the proposed project nonetheless outweigh
the unavoidable significant adverse environmental impact. Accordingly, the
impact is considered acceptable because:
1. The loss of air quality could only be partially mitigated by scaling
down the proposed development. Of the identified alternatives, only the no-
project alternative would reduce the impact to a level of insignificance. The
project alternatives are infeasible or will not avoid or substantially lessen
the one remaining significant effect for the reasons stated in Section II.
2. The mitigation necessary to further reduce this significant
environmental effect to a level of insignificance would impose constraints on
the development of the proposed project, including its size and density, that
would make the project economically infeasible. Further, allowing the current
designation to remain on the property would also allow development of the
site, which would in turn lead to the loss of air quality. Therefore, the
unavoidable impact could result without yielding the social, economic and
other benefits associated with the project.
3. The City will realize specific and significant social, economic and
other benefits from the approval and development of the project, such as
increasing the variety of commercial enterprises (in a range providing for a
variety of family sizes, income levels and age groups) in the City to
accommodate the City's growing population. Denying the project, adopting the
no-project alternative, or requiring further mitigation would prevent or
inhibit the City from realizing these benefits.
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.
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 92-75 is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 21st day of September 19 92
, 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 22nd day of September ,1992.
(Seal)