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Resolution 1992-81 .. . . RESOLUTION NO. 92- e1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY PARTIALLY APPROVING GPA 90-07, AMENDING THE GILROY GENERAL PLAN MAP TO CHANGE THE DESIGNATION FROM INDUSTRIAL PARK TO GENERAL SERVICES COMMERCIAL ON AN APPROXI- MATELY II-ACRE PROPERTY LOCATED ON THE WEST SIDE OF SAN YSIDRO AVENUE, EAST OF U.S. 101, BETWEEN LAS ANIMAS AND LEAVES LEY ROAD, AND MAKING FINDINGS UNDER THE CALIFORNIA ENVIRON- MENTAL QUALITY ACT AND ADOPTING A MITIGATION MONITORING PROGRAM WHEREAS, J. Filice and Sons has submitted GPA 90-07, to amend the Gilroy Plan Map to change the designation from Industrial Park to General Services Commercial on an approximately 26.5-acre property located on the west side of San Ysidro Avenue, east of U.S. 101, between Las Animas and Leavesley Road; 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 90-07 were reviewed and considered by the Planning commission and the Planning commission held a duly noticed public hearing on the 2nd day of January, 1992, and after that public hearing the Planning Commission voted 5-2 to recommend that the city council find the EIR to be completed in compliance with CEQA and then unanimously adopted Resolution No. 92-4, making certain findings and recommending that the city Council deny GPA 90-07; and WHEREAS, the city Council conducted a duly noticed public hearing on the project on the 21st day of January, 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 informa- tion contained therein prior to taking action on GPA 90-07; and RESOLUTION NO. 92 - 81 -1- . . WHEREAS, the City Council deferred action on GPA 90-07 to allow further study of a partial approval affecting only 11 acres of the applicant's original proposal; 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 B. The mitigation monitoring program required by Public Resources Code section 21081. 6 as set forth in Attachment B, 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. Approval of GPA 90-07 on the full 26.5 acres applied for would not be appropriate at this time: and 3. The partial approval of GPA 90-07 on only the southernmost 11 acres of the property is in the public interest: and D. GPA 90-07 should be and hereby is partially approved, so that the Gilroy General Plan Map is amended to change the designation from Industrial Park to General Services Commercial on the southernmost 11 acres of an approximately 26. 5-acre property RESOLUTION NO. 92 - 81 -2- . . located on the west side of San Ysidro Avenue, east of U.S. 101, between Las Animas and Leavesley Road. PASSED AND ADOPTED this 2nd day of November , 1992 by the following vote: AYES: COUNCILMEMBERS: HALE, NELSON, ROWLISON and GAGE. NOES: COUNCILMEMBERS: GILROY, KLOECKER and VALDEZ. ABSENT: COUNCILMEMBERS: None APPROVED: Mj.~ M or ATTEST: f @ZU1~bCzf~ - c~ty Clerk RESOLUTION NO. 92 - 81 -3- . . 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 J. FILICE GENERAL PLAN AMENDMENT (GPA 90-07) 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 find- ings are set forth as follows: SIGNIFICANT EFFECTS GEOLOGY AND SOILS: 1. Sianificant 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. Potential damage suffered by structures on the project site in the event of an earthquake is, therefore, considered to be a significant impact. Mitiaation or Avoidance: This impact will be reduced and mit- igated by the following mitigation rneasure(s): 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 struc- ture 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 incor- porated into the project which avoid or substantially lessen the significant environmental effect as identified in the ErR. I. A. 2. Sianificant Effect: The project site contains the soil types of Pleasanton Loam and Zamora Clay Loam. The permeability of these soils is moderately slow. Run-off of both soil types is very slow, and the hazard of erosion is none to slight. No significant impact is anticipated to result from erosion on the project site as long as standard erosion control measures are followed. Mitiaation or Avoidance: This impact will be reduced and mit- igated by the following mitigation measure(s): 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. Recom- mendations 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 l5-0ctober 15). If construction of the proposed project is undertaken during the wet season (October l5-April 15) or . . Appendix A - J. Filice EIR 11/3/92 2 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 hydromulching 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. Findina: Changes or alterations have been required in, or incor- porated into the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. B. HYDROLOGY 3. Sianificant Effect (direct and cumulative): 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 buildout of the site under its existing general plan designation of Industrial Park. Since the roughness coefficient used to determine the area of impervious surface is the same for both in- dustrial 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. There- fore, 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 impact. Surface-water run-off from the project site, like that from any typical commercial development, is expected to contain minor concentrations of a variety of pollutants, including oil and grease, nutrients, minor concen- trations of pesticides from landscaping, and heavy metals from road and par- king area pavements. The types and concentrations of contaminants are ul- timately dependent upon the specific activities that occur on the project site. The proposed project could, there fore, create significant impacts associated with downstream pollution. Mitiaation or Avoidance: This impact will be reduced and mitigated by the following mitigation measure(s): 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 improve ments. 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 north- east drainage area "C" 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 run- off pollutants from the project site. The precise type, size, and location of all infrastructure improvements shall be determined by the Public Works Direc- tor prior to the issuance of a grading permit for the proposed project. 5. Approval 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 from CalTrans and off-site drainage easements . . Appendix A - J. Filice EIR 3 11/3/92 shall be obtained from CalTrans and other parties effected by the connection to Ronan Channel. Findina: Changes or alterations have been required in, or incor- porated into the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. C. TRAFFIC 4. Sianificant Effect (direct and cumulative): The proposed project, when combined with the development of background projects, will result in a reduction below LOS C for two street segments during both weekday operations and 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 two intersections in the project study area during weekday operations, and a reduction below LOS C for four intersections during weekend operations. This is considered to be a sig- nificant adverse impact. Mitiaation or Avoidance: This impact will be reduced and mitigated by the following mitigation measure(s): The following mitigation measures (7- 9) address the specific impacts from construction of the proposed J. Filice project. The following improvements shall be implemented before an occupancy permit is issued for any commercial tenant on the project site: 7. A second southbound San Ysidro Avenue right-turn lane shall be added at San Ysidro and Leavesley Road. 8. A second eastbound Leavesley Road left-turn lane shall be added at San Ysidro Avenue and Leavesley Road. 9. San Ysidro Avenue shall be widened to four through lanes between Leavesley Road and Los Animas Ave. The following mitigation measures (10-16) address the specific impacts from construction of both the proposed J. Filice project and the proposed Southpoint Business Park project. The following improvements shall be implemented before an occupancy permit is issued for any commercial tenant on the project site: 10. Widen Leavesley Road to a six lane divided arterial between Murray Avenue and San Ysidro Road. 11. Add a second westbound left turn lane on Leavesley Road at the south bound Highway 101 ramps. 12. Modify signal on southbound Highway 101 Off-ramp at Leavesley Road. 13. Modify signal on San Ysidro/northbound Highway 101 Off-ramp at Leavesley Road. 14. Add southbound merge lane on southbound Highway 101 on-ramp. 15. Add third southbound left-turn lane on southbound Highway 101 Off-ramp. 16. Add 10 foot sidewalks along both sides of Leavesley Road between Murray Avenue and San Ysidro where none exist. The following mitigation measures (17-25) have been identified to offset significant adverse traffic impacts within the project study area from the construction of the background development projects which will be completed within two years: 17. Provide a second southbound right-turn lane on the Highway 101 south bound Off-ramp at Leavesley Road. 18. Add a northbound right-turn lane on Monterey Road at Leavesley Road. 19. Add second eastbound and westbound Welburn Avenue/Leavesley Road through lanes at Monterey Road. 20. Add an exclusive westbound right-turn lane on Leavesley Road at Monterey Road. 21. Modify the Monterey Road/Welburn Avenue-Leavesley Road traffic signal and railroad grade crossing to accommodate additional channelization. 22. Consideration should be given to installing a second westbound left-turn lane on Leavesley Road at Monterey. This will be required for future devel- opment scenarios. 23. Add additional northbound left-turn lane on northbound off-ramp from Highway 101. 24. Add second westbound left-turn lane on . . Appendix A - J. Filice EIR 4 11/3/92 Leavesley Road at Murray Avenue. 25. Restripe Leavesley Road to six lanes between Monterey Road and Murray Avenue. The City of Gilroy has adopted a revised circulation element of its 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 project or identified within the city's general plan circulation element. Impact fees are subject to reimbursement credit based on the actual public transportation improvements provided by the developer, subject to the review and approval by the city's public works director. 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 incor- porated into the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. D. TRANSIT SERVICE 5. Sianificant Effect: New employees from the proposed project will 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 pa- trons will have a significant impact on the existing transit services. Mitiaation or Avoidance: This impact will be reduced and mitigated by the following mitigation measure(s): 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. 26. 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 improve- ments 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: Installation of new bus stops along San Ysidro Avenue; Provide a minimum 22 feet curb lane or a County Standard bus duckout; Install 12' x 50' concrete pavement section for the bus stop; provision of sidewalks and handicap ramps; Install concrete shelter pads, new shelters, trash receptacle for the proposed stops. (The regular maintenance and repair of the new shelters/- receptacle shall be the developer's responsibility); Provide convenient sidewalks, pathways, cross-walks between the project and new transit related facilities. All the above facilities to be provided at no cost to the county. Findina: Changes or alterations have been required in, or incor- porated into the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. . . Appendix A - J. Filice EIR 5 11/3/92 E. AIR OUALITY 6. Sianificant Effect (direct and cumulative): Construction of the proposed project would result in the emission of 102.2 pounds per day of TOG, 963.4 pounds per day of CO, and 204.9 pounds per day of NOx' The emission levels for both CO and NOx exceed the BAAQMD standards for new commercial projects of 550 pounds per day of CO and 150 pounds per day of NOx. These emission levels are considered to be a 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 PMIO 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. Mitiaation or Avoidance: This impact will be reduced and mitigated by the following mitigation measure(s): The project applicant shall prepare an emission reduction program in order to minimize the vehicle-related pol- lutant emissions generated by the proposed project. This program shall be subject to approval by the Planning Director prior to the issuance of a gra- ding permit for the proposed project. 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: 27. Exposed earth surfaces shall be watered during clearing, excavation, grading, and con- struction activities. Watering of exposed earth surfaces could reduce par- ticulate 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. 28. Throughout excavation activity, haul trucks should use tarpaulins or other effective covers at all times. 29. 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 mit- igation measures. Findina: Changes or alterations have been required in, or incor- porated into the project which lessen the significant environmental effects as identified in the EIR, however, only project alternatives would be able to eliminate them. Specific economic, social or other considerations make in- feasible the project alternatives identified in the environmental impact report. F. AESTHETICS - VISUAL RESOURCES 7. Sianificant Effect: The proposed project 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. . . Appendix A - J. Filice EIR 11/3/92 6 Mitiaation or Avoidance: This impact will be reduced and mitigated by the following mitigation measure(s): 30. Conceptual and final project siting, architectural, and landscaping plans for each structure on the project site shall be subject to review and approval by the city Architectural and Site Review Committee and Planning Director prior to the issuance of a grading permit for the proposed project. 31. 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 permit4 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 lO-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 incor- porated into the project which avoid or substantially lessen the significant environmental effect as identified in the ErR. G. AESTHETICS - NOISE 8. Sianificant 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: This impact will be reduced and mitigated by the following mitigation measure(s): 32. 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 incor- porated into the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. H. PUBLIC SERVICES - WATER SERVICES 9. Sianificant Effect: The use of ground water resulting from im- plementation 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 20.2 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 1990 peak city water demand of 9.5 million gallons per day, adequate capacity exists to accommodate the projected daily demand of 18,292 gallons per day of water to be used by the proposed project. . . Appendix A - J. Filice EIR 7 11/3/92 Mitiaation or Avoidance: This impact will be reduced and mitigated by the following mitigation measure(s): Mitigation Measures 33. A deed restriction should be placed on the entire project site which would require that water-conserving fixtures be used for all structures built on the project site. The deed restriction should be recorded with the City Clerk and proof of recording should be provided to the Planning Director and 8uilding Director prior to issuance of a building permit for the proposed project. The deed restriction should require that the following fixtures be installed in all structures. a. Ultra-low-flush toilets. Ultra-low-flush toilets are defined as toilets that use a maximum of 1.6 gallons of water per flush. 34. 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 should be submitted to the Arch- itectural and Site Review Committee and Planning Director along with the project landscape plan. Findina: Changes or alterations have been required in, or incor- porated into the project which avoid or substantially lessen the significant environmental effect as identified in the ErR. I. PUBLIC SERVICES - POLICE SERVICE 10. Sianificant Effect: The proposed project is not anticipated to cause an adverse impact with regard to existing personnel and equipment util- ized by the Gilroy Police Department. Adverse impacts may result from the use of parking facilities on the project site by truck drivers or other unwelcome users. Mitiaation or Avoidance: This impact will be reduced and mitigated by the following mitigation measure(s): 35. In addition to complying with the parking requirements for commercial and retail uses included in Section 31 of the City of Gilroy Zoning Ordinance, the applicant shall configure on-site parking facilities in a manner which discourages parking of large trucks or other vehicles larger than those that can fit in standard-sized parking spaces. The configuration shall be illustrated in the project site plan, which will undergo review of the Architecture and Site Review Committee, and shall implement the following specific measures: a. Utilize landscaped medians to remove any extra lot area preventing large vehicles from parallel parking in paved areas not designated for parking use. b. Supply each parking space with a wheel stop to prevent large vehicles from using two parking spaces. c. The applicant shall supply adequate all day and employee parking facilities. Findina: Changes or alterations have been required in, or incor- porated into the project which avoid or substantially lessen the significant environmental effect as identified in the ErR. J. PUBLIC SERVICES - FIRE SERVICE 11. Sianificant Effect (direct and cumulative): 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 pro- posed project. However, demands on personnel are not supported by public safety impact fees. In the absence of additional funding, i.e., from general . . Appendix A - J. Filice EIR 8 11/3/92 assistance district fund, the proposed project would have a significant ad- verse impact on fire services~ Mitiaation or Avoidance: This impact will be reduced and mitigated by the following mitigation measure(s): 36. The Gilroy Fire Chief shall be contacted after a detailed site plan for the proposed project is submitted 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. Findina: Changes or alterations have been required in, or incor- porated into the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. K. PUBLIC SERVICES - SCHOOLS 12. Sianificant Effect (direct and cumulative): The proposed project may result in an increase in the number of residents in Gilroy due to the hiring of employees on the project site. Since this would result in an in- crease in school-age children within the Gilroy Unified School District, significant adverse impacts could result if adequate capacity is unavailable for additional students. Mitiaation or Avoidance: This impact will be reduced and mitigated by the following mitigation measure(s): 37. Prior to the issuance of a buil- ding 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 incor- porated into the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. L. ARCHAEOLOGICAL RESOURCES 13. Sianificant Effect: Based upon background research and surface reconnaissance, it is concluded that the project area does not contain surface evidence of potentially significant cultural resources. However, because unidentified buried cultural resources may be found during project con- struction, standard mitigation is recommended in the event of significant cultural resource discovery. Mitiaation or Avoidance: This impact will be reduced and mitigated by the following mitigation measure(s): 38. 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 in- corporated into the project which avoid or substantially lessen the sig- nificant environmental effect as identified in the EIR. . . Appendix A - J. Filice EIR 9 11/3/92 II. PROJECT ALTERNATIVES: A. No Pro;ect Alternative (environmentallv oreferable alternative.} Alternative: The No Project Alternative consists of leaving the site in its present condition. (EIR p. 77) 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. 77) 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 would 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 alter- native 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 in- feasible this project alternative identified in the DEIR. (See also Statement of Overriding Considerations, Section III, below.) C. Existina General Plan Buildout Alternative Alternative: The Existing General Plan Buildout Alternative consists of keeping the Industrial Park designation on the site, and developing it under its present designation (EIR p. 78). Statement Of Fact: This alternative would still allow development of the site, but would not allow retail commercial services as proposed. Fur- ther, 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 . . Appendix A - J. Filice EIR 10 11/3/92 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 environ- mental 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. 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Q.)~'" 0..0.....00 o..'e! cd!: o:s \1) '"" """ ...... ;.J Q.) a;j J.o ...-........ ..c 0............ ~ :z -5 Q)....c ~ o.....c u ~ c: ttl:p ~ .~ ~ Q.) c: "'O~'"O""d""t:S.~.....;a c: o:s O..c :1-0 ,.,. IV ~ en c: c: Q.) ;j"'CQ,ll-oQ.)o c;Scn>,.t--s~",;:::t::.oC:> tlI Q,),..c::.....,.. ........ 0 0_ OJ - ...... Q.) o:s cu.... ';::S o;j~ Q,) o..a"'CS S as Q.)t;:~ bJ) Q.) '"C C g~'s ..c e 0.. c: 0 ~ :e g ~ ,.. is < 0 ,",,!.C..c E-i 0.. co as () 0 rn u c..~ "" "" ... "" '" "" ~ o '" "~ 0- <' ~ o '" "~ 0- a. ...: ~ o o "~ 0- <' o ....."'tl..... Q.) Q.) r:: Q.) C ..... Q,) Q)'~Q.) co ...0 "'C f+.I::ioeO;j Q,) .~ cr So 0.. ~ 0' ~ "~ >.~ ..cQ,)......OQ)~~Q,) - ~cd'" o Cf.I...._"tj-......... M S b.OQ,) e..c ..5 gf .a ~ ~ ,.. O:S;.:::!.C ...0 C Q.) 0;;:: ..0.=0 ...... f ~...... (1) 0 (1).S..o.=o ::s ..... ~,,(.) ea.... or' 2l "" 0 ... 0 0 '" 0 "J::"~ " ~"'C (1) (1)..... ~~ (1) ........!:::~ (1)..0.=0 ..j.J"'C >...s "'C.... .. Q) o.S OJ ~ ..0.=0 .z .~ !::: 00 ooctS:j2~"O'=Ot::::j ,.co.-=:c.-.O B~ .... a$~..o.=o.....,.c: 00Q::i 00 Q)..... 0..- 0.... ~~o~~..o.=of~ ..o.=o~Zroo ~::s. '-'o........~(.)t+-.:j"'t:S !:::~..o.=o~~ oOe ~ (.) S ~.~.~ ~ ~ ~ .8 = g'U = ~.2 Q,l~ o=Q,l ;..::: Q,leoo ol-013 ~..o.s = .......... ~ Q.) . 0.. 8 S ""d .............::s ....."'C ~~S=.~Q,lo.c..o.=ofQ) ~e~ o"'3~ p"Q).... b.013.~ as Q) a'SU:: Q.):j...:> Q) 0 00 Q).z ~'m Q.) ~ Q) 3:! 0. ~''''''1D b ~ ~ ~~o~~~~~Q)c>~(1)~s~~O ~oo~ooo-~~~w~~~~~ _0(.) <l> "" t- "" 00 "" . . . I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 92-81 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 2nd day of November 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 3rd day of November ,1992. --/1 .~~ . ~k of the City of Gilroy (Seal)