Resolution 1993-12
! .~...
.
.
RESOLUTION NO. 93-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING GPA 92-01, AMENDING THE
GENERAL PLAN MAP TO CHANGE THE DESIGNATION
FROM GENERAL INDUSTRIAL TO GENERAL SERVICES
COMMERCIAL ON APPROXIMATELY l25 ACRES LOCATED
NORTH OF PACHECO PASS HIGHWAY AND EAST OF U.S.
HIGHWAY 101, AMENDING THE TEXT OF GENERAL PLAN
POLICY II-a, AMENDING THE CIRCULATION ELEMENT
MAP, MAKING FINDINGS UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, AND ADOPTING A
STATEMENT OVERRIDING CONSIDERATIONS AND A
MITIGATION MONITORING PROGRAM.
WHEREAS, Kimball Small Properties has submitted GPA 92-
01, to:
1) Amend the General Plan Map to change the designation
from General Industrial to General Services Commercial on
approximately 125 acres located north of Pacheco Pass Highway and
east of U.S. Highway 101, as shown on the map attached hereto as
Exhibit "C" and incorporated herein by this reference;
2) Delete the first sentence of General Plan Policy I1-
a; and
3) Amend the Circulation Element Map to extend the
Arroyo Circle collector south to Pacheco Pass Highway as Camino
Arroyo and to show the proposed arterial crossing Pacheco Pass
Highway at a point farther east temporarily designated "eastside
boulevard", as shown on the map attached hereto as Exhibit "D" and
incorporated herein by this reference; 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") an Environmental
Impact Report ("EIR") for the project; and
WHEREAS, the Planing Commission held a duly noticed
public hearing on the proposed EIR and GPA 92-01 on March 4, 1993,
after which hearing the Commission voted to recommend that the City
Council certify the EIR as completed in compliance with CEQA and
that it find that the EIR reflects the independent judgment of the
RESOLUTION NO. 93 - 12
-1-
.
.-
.
.
city, and adopted Resolution No. 93-10 recommending approval of GPA
92-01 with the modification that the text of General Plan Policy
11-8 be amended to read:
The land east of the South Valley Freeway will be
restricted to industrial and agricultural use except for
commercial developments which draw a clear majority of
their customers from outside of Gilroy, in accordance
with criteria established by the City of Gilroy. The
city will encourage the maintenance of agricultural uses
in all undeveloped industrially designated areas.
and
WHEREAS, the City Council conducted a duly noticed public
hearing on the proposed EIR and GPA 92-01 on March 15, 1993, after
which public hearing it certified that the EIR was completed in
compliance with CEQA, that it reflected the independent judgment
of the City, and that it was presented to the Council and the
Council reviewed and considered the information contained therein
prior to taking action on GPA 92-01;
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The city Council hereby makes the findings required by
Public Resources Code section 21081 regarding projects impacts and
project alternatives, and hereby adopts a statement of overriding
considerations pursuant to CEQA Guidelines section l5093, all as
set forth in Exhibit "A", attached hereto and incorporated herein
by this reference; and
B. The mitigation monitoring program required by Public
Resources Code section 21081.6 is hereby adopted in the form set
forth in Exhibit "B", attached hereto and incorporated herein by
this reference; and
C. The city Council further finds that:
1. The city has taken all actions required by CEQA;
and
2. Approval of GPA 92-01 as modified by the Planning
Commission's recommendation would be in the public interest; and
D. GPA 92-01 should be and hereby is approved, so that the
Gilroy General Plan Map is amended to change the designation from
RESOLUTION NO. 93 - 12
-2-
"
.
.
General Industrial to General Services commercial on the property
described herein and shown on Exhibit "C", the text of General Plan
Policy 11-8 is amended to conform to the Planning commission I s
recommendation, and the Circulation Element Map is amended to
extend and rename Arroyo Circle and relocate "eastside boulevard"
as stated herein and shown on Exhibit "D".
PASSED AND ADOPTED this 15th day of March, 1993 by the
following vote:
AYES:
COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON,
VALDEZ and GAGE.
NOES:
COUNCILMEMBERS: ROl-."LISON
ABSENT:
COUNCILMEMBERS: None
;;P:~j t ~
Ma r
RESOLUTION NO. 93 - 12
-3-
.
.
'.,'
rev. 3/16/93
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 RINCON PLAZA GENERAL PLAN AMENDMENT (GPA 92-01)
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:
I. SIGNIFICANT EFFECTS
A. GEOLOGY:
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. Therefore, potential
damage suffered by structures on the project site in the event of an earth-
quake is considered to be a significant adverse impact. The potential for
liquefaction on the project site is relatively high due to seasonally high
ground-water levels. This hazard can be mitigated through incorporation into
the project design of appropriate foundation design, excavation, grading, and
erosion protection measures. The hazards to future development relating to
geologic conditions on the project site would be the same under both the
existing and proposed general plan designations.
Mitiaation or Avoidance: 1. 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. 2. As an
implementation step for any specific construction 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 and shall be incorporated as
a condition of approval. The scope of this report shall be determined by the
City Engineer, 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 City Engineer prior to issuance of a
building 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. SOILS:
2. Sianificant Effect: The project site contains soils of the Campbell
silty clay loam, Campbell silty clay, muck substratum, and Clear Lake clay
soil types. Based on the characteristics of these soil types, no significant
impact is anticipated to result from erosion or other soil limitations on the
project site as long as standard erosion control measures are followed.
Exhibit A - Rincon Plaza EIR
2
3/16/93
.
.
Mitiaation or Avoidance: 3. Construction of the proposed project
should be undertaken during the dry season (April 15-0ctober 15). If con-
struction of the proposed project is undertaken during the wet season (October
15-April 15) 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 the use of seeding and
hydromulching where appropriate. The erosion control plan measures shall be
subject to review and approval by the city Engineer prior to the issuance of a
building permit.
Findino: 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. AGRICULTURAL CONSIDERATIONS:
3. Sianificant Effect: Development of the project site would result in
the conversion of about 165 acres of prime agricultural land to urban usesa By
including the project site within Gilroy's sphere of influence, the City of
Gilroy and the Santa Clara County LAFCO previously made a long-range planning
determination that the project site would at some time be appropriate for
conversion to non-agricultural uses. However, due to the character of prime
agricultural land as a valuable resource, its loss is considered to be both an
individual and cumulatively significant adverse impact of the proposed proj-
ecta Employees and customers of the proposed project may be exposed to insec-
ticides and fertilizers used in the existing agricultural operations on par-
cels to the north of the project site. This impact is considered potentially
significant. However, site design considerations would reduce the impact to a
level of insignificance.
Mitiqation or Avoidance: 4. The applicant for any specific con-
struction project shall demonstrate to the satisfaction of the Planning De-
partment, prior to issuance of a building permit, that the project site layout
has been designed so that agricultural land use conflicts with adjacent par-
cels will be mitigated a Measures to minimize conflicts could include physical
buffers, such as vegetation screens and fencing, building placement, and
setbacks for open space use areas from the agricultural uses.
No mitigation measures are available which would reduce the project impact on
the loss of agricultural resources to a level of insignificance. This impact
is, therefore, considered significant and unavoidable a
Findina: (Conversion of Prime Agricultural Land) Specific econ-
omic, social or other considerations make infeasible the mitigation measures
or project alternatives identified in the environmental impact report.
D. HYDROLOGY:
4. Sianificant Effect: The proposed project will increase the amount
of surface-water run-off from the project site over existing conditions. 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 gen-
eral plan designation of Industrial (about 113 cfs). Because the amount of
paved surfaces created by a commercial project would be similar to the amount
created by an industrial project, construction of commercial uses on the
project site is not anticipated to result in a net increase in surface-water
Exhibit A - Rincon Plaza EIR
3
3/16/93
.
.
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 (e.g.,
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 pol-
lutants, including oil and grease, nutrients, pesticides from landscaping, and
heavy metals from road and parking area pavements. The types and concen-
trations 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: 5. 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. In addition, the infrastructure plan
shall include grease traps to collect pollutants contained in run-off from the
project site. The plan shall comply with the state-wide NPDES General Permit
for Construction which is scheduled to go into effect October 1, 1992. The
infrastructure plan shall be approved by the City Engineer prior to the is-
suance of a building permit for the specific construction project.
Findino: 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.
E. TRAFFIC:
5. Sianificant Effect: Approved Plus Phase 1 street Seament Analvsis.
Traffic volumes on Highway 152 are expected to be between 50 and 100 percent
higher than those which currently exist between the southbound Highway 101
ramps and the Renz Lane/Brem Lane intersection. The Highway 101/Tenth Street
interchange ramp volumes can be expected to experience traffic volume in-
creases of between 33 percent and 106 percent. Moderate traffic volume in-
creases can also be expected on other streets in the study area.
Highway 101 north of Tenth street is expected to decline to LOS D from its
existing LOS B. This is still acceptable. Highway 152 east of the Renz/Brem
intersection is expected to decline to LOS F from its existing LOS C. It will
warrant widening to a four-lane divided arterial along the project frontage.
No other change in level of service is expected anywhere on the street system.
However, this assumes the closure of Renz Lane to traffic from the Pacheco
Pass Highway (152). This traffic would then be diverted onto camino Arroyo
from Highway 152 to the realigned Renz Lane. The Camino Arroyo extension
proposed as part of the project would require construction as a four-lane
arterial with left turn channelization from Highway 152 to the phase 1 main
driveway with a two-lane arterial to the Ronan Channel, which represents the
project's northern boundary. Two northbound lane and separate southbound left
turn and right turn approach lanes will be require on the north leg of Pro-
posed New Boulevard at Highway 152.
Exhibit A - Rincon Plaza EIR
4
3/16/93
.
.
Aporoved Plus Phase 1 Intersection Analvsis
The Tenth Street intersections with Monterey street, Chestnut street, and the
southbound Highway 101 ramps and northbound Highway 101 ramps are expected
operate with slightly higher congestion than existing conditions. However,
they will all operate at LOS A to C and will not require capacity improve-
ments. The Highway 152/Brem Lane/Renz Lane intersection would operate at LOS
D under its existing configuration. However, as discussed under the ancillary
uses component of the project analysis, the proximity of the Renz Lane/Highway
152 intersection with the projects entrance near this intersection is un-
acceptable. In addition, the close proximity of the proposed project driveway
along Highway 152 to the northbound Highway 101 ramps is unacceptable. This is
because northbound off-ramp traffic would be required to immediately cross two
lanes of eastbound traffic in order to enter the eastbound left-turn lane to
then enter the project. Finally, this left-turn movement will include about
777 vehicles during the evening peak hour. There is not adequate storage
length to accommodate this movement. It is, therefore, recommended that Camino
Arroyo be constructed north from Highway 152. This will be essential if there
is not adequate storage distance between Camino Arroyo and Brem Lane. Renz
Lane would then be required to be closed.
Two eastbound Highway 152 left turn lanes and a westbound Highway 152 right
turn lane will be required at Camino Arroyo. In addition, the southbound
Camino Arroyo approach should include separate left and right turn lanes. The
Camino Arroyo intersection will require signalization with a right turn over-
lap for southbound Camino Arroyo right turns. This will be needed to accom-
modate the extremely high right turn volume, which will include about 792
during the weekday evening peak hour and 993 during the Saturday afternoon
peak hour.
proiect Build-Out Traffic Generation
The industrial portion of the project is expected to be developed after the
complete build-out of the retail portion of the project. It is proposed to
include 650,000 square feet of gross floor area and will be comprised of light
industrial and office uses. The Institute of Transportation Engineers esti-
mates the weekday trip rate for light industrial space at about seven trips
per day per 1,000 square feet. Office trip generation rates for projects with
650,000 square feet are quoted at about 11 trip ends per day per 1,000 square
feet. Assuming about 50 percent of the industrial business park is light
industrial and the other 50 percent is office, an average trip rate of nine
trips per day per 1,000 square feet is assumed. The industrial park can,
therefore, be estimated to generate about 5,850 trip ends per weekday and
1,300 tripends per Saturday. This results in a gross total traffic generation
for the proposed project of 68,917 trip ends per weekday and approximately
82,012 trips ends per Saturday. About 10 percent of the industrial park
traffic is assumed to be to and from the retail/commercial portion of the
project. With a net driveway volume from the retail portion of the project of
28,404 trips per day, about 33,669 net driveway trips can be expected from the
retail and commercial components of the combined project. Virtually all of
the industrial traffic is assumed to be new traffic in the street system. This
results in a total of about 32,406 weekday trips and 37,842 Saturday trips
added to the street system as a result of the build-out of the entire
project. The distribution and assignment of industrial traffic is expected to
.
.
-'
Exhibit A - Rincon Plaza EIR
5
3/16/93
be similar to the commercial traffic
because the average trip lengths for
similar to what can be expected from
distribution and assignment.
the regional shopping center
the industrial park.
This is
are probably
Aooroved Plus Pro;ect Build-Out Street Searnent Analvsis
camino Arroyo will operate satisfactorily with a four lane divided arterial
configuration from Ronan Channel to Highway 152. Highway 101 is expected to
operate at LOS E north of Leavesley Road and south of Monterey Road on Satur-
days. Highway 152 will warrant widening to a six-lane arterial over Highway
101 in addition to the six lanes required along the project retail frontage. A
four-lane arterial will be adequate to accommodate traffic along the indus-
trial frontage. The project will represent a decline in the southbound off-
ramp level of service from its existing LOS C to LOS E. It could warrant the
addition of a second lane. Alternatively, additional capacity can be provided
at the off-ramp intersection with Tenth Street. Tenth street will experience
LOS C between Chestnut Street and the southbound Highway 101 ramps. This is a
decline from the existing LOS A. However, it will probably not require widen-
ing solely on the basis of street segment operations.
Auoroved Plus Pro;ect Build-Out Intersection Analvsis
The Tenth Street/Southbound Highway 101 ramp intersection will operate at a
LOS E with its existing configuration. With the addition of a westbound High-
way 152-to-a-southbound loop on-ramp or a third through lane on Highway 152,
LOS B can be expected. The Highway l52/Northbound Highway 101 ramp inter-
section will operate at LOS B. With the addition of a third through lane in
each direction on Highway 152, it would continue to operate at LOS B. The
Highway 152/Brem Lane - Renz Lane intersection should be eliminated due to its
proximity to the northbound Highway 101 ramps and its proximity to Proposed
New Boulevard. The Highway l52/Camino Arroyo intersection will require the
same improvements required for the retail build-out development scenario. This
includes two eastbound left turn lanes and a separate westbound right turn
lane on Highway l52. The southbound Camino Arroyo approach should include a
left turn lane and two right turn lanes. The intersection will require signal-
ization. The Highway 152/Proposed New Boulevard intersection will require the
same improvements are required for the project retail build-out scenario. This
assumes that the industrial portion of the proposed project will have at least
one additional access point further east along Highway 152. The Proposed New
Boulevard will require widening to its ultimate width through the proposed
project. This will extend from Highway 152 to the Ronan Channel. A crossing
over the Ronan Channel will not be required as a part of the proposed project.
Pro;ect Access and Internal Circulation
The project is proposed to include access from Highway 152 and the future
Proposed New Boulevard. The access from Renz Lane to Highway 152 is proposed
to be closed. It is proposed that a roadway be extended northward from Highway
152 through the project site, eventually connecting to Camino Arroyo, north of
the Ronan Channel. Renz Lane would be provided access to this roadway (the
Camino Arroyo extension). The illustrative site plan submitted as part of the
project application (Figure 3) does not indicate any internal circulation.
Exhibit A - Rincon Plaza EIR
6
3/16/93
:
.
.
considering the approvals requested by the application, such detail is not
warranted at this time. The following recommendations are made in order to
assist in development of a project of the type contemplated by the applicant:
Renz Lane will require closure in conjunction with the first incre-
ment of development in Phase 1. It must be realigned to intersect Camino
Arroyo about one-quarter mile north of Highway 152 in order to provide proper
intersection spacing. .At least one connection should be provided between the
future industrial-business park and the retail/commercial portion of the
project in order to minimize project-generated traffic impacts on Highway
152. The illustrative site plan illustrates a gas station driveway on Highway
152 from the gas station at the northeast corner of Highway 152/Proposed New
Boulevard. The gas station site should be reoriented to provide all gas sta-
tion access off of internal streets within the project. 'The project should
not have any direct access points between Highway 101 and the Proposed New
Boulevard. .The illustrative site plan illustrates four driveways connecting
the industrial park to Highway 152. It is recommended that this be reduced to
two or three driveways. Turning movements may need to be restricted at some of
the driveways. An industrial park driveway should be located to correspond
with a combined driveway to serve Gilroy Foods and Gentry Foods. This must be
coordinated with Gilroy Foods and Gentry Foods. 'The industrial park site
plan indicates that access to the rear portions of the business park must be
made through parking lots serving the front portions of the project. There is
no hierarchy of internal streets illustrated on this site plan. The site plan
should be modified to make this provision in order to better accommodate the
higher volume segments of the internal street system. 'The retail/commercial
portion of the project does not illustrate any loading/unloading areas at
building. Truck circulation and staging areas must be designed into the proj-
ect. .The currently proposed site plan illustrates circular intersections
within the project. Special care must be taken to insure that these function
acceptably. It is understood that these circular areas are only pavement
treatments and that there is no proposed raised center island area in any of
these intersections. 'There could be confusion on the part of potential pa-
trons regarding what driveway and parking area is most appropriate for the
area they are attempting to visit. Some type of guide signing program must be
developed to assist visitors to find and reach their desired destination
within the retail/commercial portion of this project. 'The project should
coordinate with the Santa Clara County Transportation Agency to determine if
it is appropriate to have transit service within the project. The transit
route would need to be established with appropriate locations of transit
stops. .The project should develop an evacuation plan in case an event invol-
ving hazardous materials takes place at the Haz Control site on Renz Lane.
Because the site plan provided by the project proponent does not constitute a
specific development project, the above measures are provided as recommend-
ations and not mitigation measures. The consultant recommends that the project
proponent take these measures into account when designing any future specific
development project and that the city review the site plan with respect to
these measures to ensure that internal circulation problems are minimized.
Existina Traffic Condition Deficiencies
There are some deficiencies in the existing traffic conditions in the vicinity
.
.
"
Exhibit A - Rincon Plaza EIR
7
3/16/93
of the Rincon Plaza Project. These deficiencies have been discussed with
regard to existing conditions and as a part of projects already approved by
the City. These deficiencies are as follows: 'Signalize the Highway l52/
Northbound Highway 101 ramps intersection; 'Add a second left turn lane for
the eastbound Pacific West exit; .Signalize the Camino Arroyo/Pacific West
Outlet Mall-Camino Arroyo intersection; .Widen Leavesley Road to a six lane
divided arterial between at least the westbound Leavesley Road to northbound
Highway 101 on-ramp and Camino Arroyo; 'Add a second westbound left turn lane
on Leavesley Road at the southbound Highway 101 ramps. These deficiencies are
not caused by the implementation of this project and are not the respon-
sibility of this project to mitigate.
Mitiaation or Avoidance: The following mitigation measures address
the specific impacts from construction of a specific development project under
the proposed general plan designations. Because the project is proposed to be
developed in phases, the mitigation measures are presented in separate sec-
tions in order to provide clarity. The entity responsible for funding specific
improvements is included after the mitigation measure in parentheses. In
addition, Figure 7 illustrated the location of each improvement proposed.
Mitigation measures necessary to address short- and long-term cumulative
impacts are addressed in Section 3.3.
Ancillarv Uses Traffic Imoact Mitiaations
6. The following measures shall be incorporated into the site plan for the
ancillary facilities phase of the project subject to the review and approval
of the City Engineer, prior to the issuance of a building permit. a) Widen
Highway 152 to a four-lane divided arterial between Renz Lane/Brem Lane and
the Camino Arroyo extension. (Project Proponents) b) Realign Renz Lane to
intersect the Camino Arroyo extension north of Highway l52. (Project Pro-
ponents) c) Add southbound Camino Arroyo left turn and right turn lanes and
ao eastbound left turn lane and westbound right turn lane on Highway 152 at
the Highway 152/Camino Arroyo intersection. (Project Proponents) d) Signalize
the Highway 152/Camino Arroyo intersection. (Project Proponents and Proponents
for other Adjacent Projects) e) Prepare a Transportation Demand Management
Program consistent with the requirements of the Santa Clara County Congestion
Management Agency. The program should describe the method of encouraging the
use of ridesharing, vanpooling and transit not only by employees, but by
potential project patrons as well. The plan should also describe how alter-
native modes of transportation can be encouraged, such as pedestrian and
bicycle access. This report should be prepared for each phase of the project.
(Project Proponents) f) Each phase of the project should pay city-wide traf-
fic impact fees for mitigation measures shown on Exhibit A of the City
Traffic Impact Fee Resolution. Mitigation measures not shown on the Exhibit
A of the Traffic Impact Fee Resolution are not covered by the fee and must be
borne solely by the developer unless a public benefit beyond solely benefiting
the project can be demonstrated. Impact fee credits will be given for that
percentage of public improvement that is determined by Staff and concurred
with by City Council to benefit the public beyond the project itself. Traffic
mitigations are required to be completed to the ultimate configuration, if the
.
.
"
Exhibit A - Rincon Plaza EIR
8
3/16/93
cost of the improvements is to be credited towards the project traffic impact
fees. The City of Gilroy Public Works Department has indicated that all
interim construction costs, as well as all interim measures shall be borne by
the developer. (Project Proponents).
Phase 1 Traffic Imoact Mitiaations
7. The following measures shall be incorporated into the site plan for phase
1 of the project subject to the review and approval of the City Engineer,
prior to the issuance of a building permit: a) Widen Highway 152 to a six-
lane arterial with left turn channelization between northbound Highway 101
ramps and Camino Arroyo~ (Project Proponents and Proponents for Other Adjacent
Projects) b) Widen Highway 152 to a four lane divided arterial just east of
the Camino Arroyo extension. (Project Proponents and Proponents for Other
Adjacent Projects) c) Implement the same improvements required for impacts
related to the ancillary facilities phase. (Project Proponents) d) Provide a
second eastbound Highway 152 left turn lane at the Camino Arroyo extension.
(Project Proponents) e) Provide a southbound right turn overlap on Camino
Arroyo at Highway 152. (Project Proponents)
Proiect Build-Out Traffic Imoact Mitiaations
8. The following measures shall be incorporated into the site plan for proj-
ect build-out subject to the review and approval of the City Engineer, prior
to the issuance of building permit. a) Widen Highway 152 to an eight-lane
arterial from the northbound Highway 101 ramp to Camino Arroyo and a six lane
arterial between the southbound Highway 101 Ramp and the northbound Highway
152 Ramp. (Project Proponents aod Proponents for Other Adjacent projects/
Traffic Impact Fee) b) Widen Highway 152 to a six-lane divided arterial along
the project retail frontage. (Project Proponents and Proponents for Other
Adjacent Projects/Traffic Impact Fee) c) Widen Highway 152 to a four-lane
arterial with left-turn channelization along the project industrial frontage.
(Project Proponents and Proponents for Other Adjacent Projects/ Traffic Impact
Fee) d) Add a westbound Highway 152 to southbound Highway lOl loop on-ramp at
the Highway 101/Tenth Street interchange. (Traffic Impact Fee) e) Extend
Camino Arroyo north from across Ronan Channel to intersect Sixth street across
from the existing camino Arroyo. This extension should include two lanes.
(Project Proponents/Assessment District) f) Add separate northbound left,
through and right turn lanes on the Camino Arroyo extension and a southbound
through lane on the existing Camino Arroyo at Sixth street as well as east-
bound and westbound left turn and right turn lanes on Sixth Street-Gilman
Road/Camino Arroyo intersection. (Project Proponents/Assessment District) g)
Install multi-way stop control at the Sixth street-Gilman Road/Camino Arroyo
intersection. (Project Proponents/Assessment District) h) Add a second
eastbound left turn lane on Highway 152 at Camino Arroyo. Highway 152 should
include a right turn lane and four through lanes. The southbound Camino Arroyo
approach should include a separate left turn lane and a right turn lane.
(Project Proponents) i) Extend Proposed New Boulevard north from Highway 152
to Ronan Channel at the eastern boundary of the retail/commercial portion of
the project. The Highway 152/Proposed New Boulevard intersection should
include separate southbound left turn and right turn lanes on the Proposed New
Boulevard. Eastbound Highway 152 should include two left turn lanes, two
through lanes on the eastbound approach. The westbound approach should include
Exhibit A - Rincon Plaza EIR
9
3/16/93
.
.
two through lanes and a separate right turn lane. (Project Proponents/Traffic
Impact Fee) j) Signalize the Highway 152/Proposed New Boulevard intersection.
(Traffic Impact Fee) k) Modify the illustrative site plan as described in the
"Project Access and Internal Circulation" subsection of this section. (Project
Proponents) .
The city of Gilroy Planning Department and the traffic engineering
firm of TJKM have recently updated the circulation element of the city's
general plan and prepared a Citywide Traffic Impact Fee Study a traffic impact
fee program analysis. This update was adopted on August 3, 1992. The traffic
impact fee program, which is developed by ordinance from the Citywide Traffic
Impact Fee study, will be used to determine the amount of the project's pro-
rata share for city-wide traffic improvements shown in Exhibit A of the Traf-
fic Impact Fee Resolution. This traffic impact fee program was approved by
Resolution No. 92-78 on October 19, 1992, as amended on February 16, 1993.
Funding for implementation of the mitigation measures recommended above which
are contained in the circulation element will be provided by the city's traf-
fic impact fee program, the project proponent, proponents for other adjacent
projects, and/or an Assessment District. This traffic impact fee will be
required from the developer to cover any traffic improvements as shown in
Exhibit "A" of the Traffic Impact Fee Resolution required because of direct or
cumulative impacts caused by the proposed project. Improvements not described
in Exhibit A of the Traffic Impact Fee Resolution (Resolution No. 92-78) are
expected to be funded by the project proponent. Improvements which could
benefit parties other than the project proponents may be funded by both proj-
ect proponents and proponents for other adjacent development or through an
Assessment District. An example of such an improvement is the bridge over
Ronan Channel on Camino Arroyo. Although the party expected to fund each
mitigation measure is identified in this document, it should be noted that
negotiations between the project proponent and the City of Gilroy could alter
funding responsibility. Impact fee credits not greater than the traffic
impact fees will be given towards improvements made on streets which are
identified on the traffic circulation element as long as these improvements
are made to the ultimate design. As the project is proposed to be developed
in phases, the timing of necessary improvements and application of the fee
analysis should be carried out on a phase-by-phase basis. The consultant
recommends that a cost reimbursement process be included in the developer
financed mitigations. This process should be designed to address the pos-
sibility that other projects in the vicinity are carried out prior to build-
out of the proposed project. Costs of improvements required by traffic gen-
erated by more than one project should be apportioned based on the amount of
additional traffic each project contributes.
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.
F. TRANSIT SERVICE:
6. Sionificant Effect: Employees of the proposed project and visitors
to the project site will increase the demand for transit services. This in-
crease in demand may have a significant impact on the existing transit
.
.
~
Exhibit A - Rincon Plaza EIR
10
3/16/93
services which will warrant extension of transit service to the project site.
Extension of transit service is carried out as a result of a request by an
interested party to the Santa Clara County Transportation Commission. The
request is then voted upon by the Board Directors of the Transit District.
The proposed project may have a significant impact on the environment in the
area of air quality.
Mitiaation or Avoidance: 9. Project owners shall develop an educa-
tional/incentive program for inclusion in tenant leases. This program shall be
implemented by individual tenants and governed by a Tenant Association. In
developing this program, project owners shall cooperate with the Santa Clara
County Transportation Agency (SCCTA). The educational/ incentive program shall
be subject to review and approval by the City of Gilroy Planning Director.
The consultant recommends that the Santa Clara County Transportation Agency
(SCCTA) identify the most feasible manner to provide public transit services
to the project site if, based on projected demand and funding availability for
route creation or extension, such services are determined to be warranted. In
order to minimize the project impact on transit services and on air quality,
the following mitigation measure is proposed. 10. If it is determined that
transit service will be extended to the project site, the project proponent
shall provide adequate public service infrastructure to serve the project, as
determined by the SCCTA. The infrastructure may include, but is not neces-
sarily limited to: bus pull-outs along the proposed eastside by-pass or other
roadways in the project vicinity, bus stop amenities such as shelters,
benches, and bicycle lockers, provision of sidewalks and handicap ramps,
provision for pedestrian access between bus service and major points within
the development. Such infrastructure shall be designed to meet SCCTA policies
and Americans with Disabilities Act standards. Improvements identified as
necessary to meet SCCTA transit policies shall be included on the site plan
for each phase of the project, subject to the review and approval of the City
Engineer and the SCCTA prior to issuance of a building 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.
G. AIR OUALITY:
7. Sionificant Effect: Traffic generated by build-out of the proposed
project would result in the emission of 254 pounds per day of TOG, 2,347
pounds per day of CO, and 508 pounds per day of NOx. The emission levels for
TOG and CO exceed the BAAQMD standards for new commercial projects of 150 and
550 pounds per day, respectively. Therefore, these emission levels are con-
sidered to be a significant adverse impact. Due to the relative lack of urban
development in the immediate vicinity of the project site, short-term un-
controlled PMlO emissions would not create a significant impact on sensitive
receptors. However, construction workers on the project site could be subject
to undue PMlO exposure if dust-suppression measures are not implemented.
Because of the changes in use from agricultural to commercial, the proposed
project is anticipated to reduce particulate emissions from the project site
in the long term.
Mitioation or Avoidance: The project is proposed to be developed in
phases over the next seven years. The implementation of roadway improvements
Exhibit A - Rincon Plaza EIR
11
3/16/93
.
.
necessary to accommodate the project (described in Section 2.5) will also take
place over time, based partly on the increase in traffic generated by each
phase. The BAAQMD document Local Guide to Project Mitigation and Other Im-
provement Measures for Air Quality suggests that project phasing may be an
appropriate method to reduce vehicle-related emissions. By matching the timing
of actual development to the capacity of the road network, it may be possible
to avoid vehicle congestion, slow speeds, and idling, and thus the resultant
excessive pollution emissions. In addition, since build-out of the project is
projected to take place over a period of years, the air quality impacts
generated by the project will be lower during the first few years, increasing
until the point of build-out. Mitigation measures recommended in the Traffic
and Circulation Section (Section 2.5.1), regarding roadway improvements, and
in the Public Transit section will also result in less roadway congestion and
fewer vehicle trips, thus reducing the air quality impacts of the project. To
further reduce air quality impacts, as a project implementation step and as
part of the design of any specific construction project, 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 building permit for the project. The program shall, at a minimum, consist of
the following two measures. In addition, the emission reduction program should
include analysis of the feasibility of installing a park-and-ride lot and
promotion of an employee rideshare program. 11. The site plan for any
specific construction project shall include provision of adequate and secure
storage facilities for bicycles of both employees and customers of the project
site, as well as the provision of employee shower and locker facilities, in
order to encourage the use of bicycles for transportation to work. These
provisions shall be reviewed and approved by the Planning Director prior to
the issuance of the building permit. 12. The site plan for any specific
construction project shall include provision for the extension of the existing
bike route along Tenth Avenue to the project site or another bike access route
identified by the Planning Director. This improvement shall be reviewed and
approved by the Planning Director prior to the issuance of a building permit.
The contractor specifications for any proposed specific construction project
shall be submitted to the Building Director for approval prior to the issuance
of a building permit for that project. The contractor specifications shall
include the following particulate emission reduction measures: 13. Exposed
earth surfaces shall be watered during clearing, excavation, grading, and
construction activities. Watering of exposed earth surfaces should reduce
particulate emissions by as much as 50 percent. All construction contracts
shall require watering in late morning and at the end of the day. The fre-
quency of watering shall increase if wind speeds exceed 15 miles per hour.
14. Throughout excavation activity, haul trucks shall use tarpaulins or other
effective covers at all timesa 15. Upon completion of construction, measures
shall be taken to reduce wind erosion. Provisions for revegetation and re-
paving shall be contained in the contractor specifications and shall be com-
pleted as soon as possible. These mitigation measures, if implemented, will
reduce adverse air quality impacts from the proposed project and are con-
sistent with BAAQMD standard recommended mitigation measures for a proposed
project of this size. However, even with implementation of these measures,
build-out of the proposed project would still result in a violation of the
.
.
.,
Exhibit A - Rincon Plaza EIR
12
3/16/93
BAAQMD significance threshold for new commercial projects of 550 pounds per
day of co and 150 pounds per day of NOx. The consultant concludes that it
would not be feasible to require additional mitigation measures which would
ensure that build-out of the project site would not result in violation of the
BAAQMD significance threshold. Therefore, the project will result in a sig-
nificant unavoidable air quality impact.
Findina: Specific economic, social or other considerations make
infeasible the mitigation measures or project alternatives identified in the
environmental impact report.
H. AESTHETICS - VISUAL RESOURCES:
8. Sionificant Effect: The project area serves as a gateway to the
City of Gilroy for northbound Highway 101 and westbound Highway 152 travelers.
The project site is located in an area of transition from the more rural
outlying areas to the urbanized city area. Construction under the proposed
general plan designation would increase the level of urbanization along the
east side of the Highway 101 corridor and would contribute to the perceived
urbanization of the Gilroy area as it expands to the east of Highway 101.
Construction under the existing general plan designations would have a similar
effect on visual resources. On a project-specific basis, the conversion of
the project site from primarily agricultural uses to urban uses will not be of
major significance. However, along with other proposed and existing projects
being carried out on the east side of Highway 101, the project will contribute
to a cumulative urbanization of the Highway 101 corridor. This impact is
discussed in greater detail in Section 3.3.
Mitiaation or Avoidance: 16. 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
buildiog permit for the proposed project. 17. 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 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 the public right-
of-way, shall be landscaped. This may include the minimum 10 foot-wide planter
required in b) above. d. All portions of the site more than 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 EIR.
I. NOISE:
9. Sionificant Effect: The western portion of the project site will
experience the highest noise levels from Highway 101. Traffic volumes on the
highway are expected to reach 100,000 vehicles per day by the year 2020. The
site plan indicates that this portion of the project site will be used for
Exhibit A - Rincon Plaza EIR
13
3/16/93
.
.
parking and for outdoor entertainment activities a Based on the distance of the
western boundary of the project site from Highway 101 (300 feet at the north-
western corner and 800 feet at the southwestern corner), the presence of
existing buildings between the project site and Highway 101, and the non-
sensitive nature of the proposed land uses located in the vicinity of Highway
101 (commercial), it is not expected that the project will be affected to a
significant degree by traffic noise.
Mitiaation or Avoidance: In order to ensure that the project is not
significantly affected by traffic noise, the following mitigation measure
shall be implemented upon submission of specific construction plans for the
proposed project. Implementation of this measure and modification of the site
plan as necessary to achieve compliance with the City General Plan noise
standards will ensure that project users are not affected to a significant
degree by traffic noise. 18. As an implementation step for any specific
construction project, the applicant shall prepare and submit a building design
noise analysis for all proposed structures and outdoor entertainment areas.
The report shall indicate structural noise attenuation measures which will
reduce interior and exterior noise to levels consistent with the standards
contained in the Gilroy General Plan. This report shall be reviewed and ap-
proved 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.
J. LAND-USE COMPATIBILITY
10. Sionificant Effect: Pacific Gas and Electric Company Substation
Based on the equivocality of scientific studies concerning long-term exposure
to low-level electromagnetic fields, the nature of the proposed land uses
which will result in, at most, short-term exposure to higher-than-background-
level electromagnetic radiation, and the distance of high-use areas of the
project from the PG&E substation, the project is not anticipated to be af-
fected to a significant adverse degree by the substation.
Pacific Gas and Electric Comoanv Power Lines
Pursuant to the City of Gilroy Ordinance 89-17, the project applicant will be
required to contribute fees to a city fund for underground placement of util-
ities. This fund will be available for the undergrounding of the distribution
lines which cross through the project site. The transmission lines which run
along the western border of the project site and eastward through the center
of the project site are too large to be feasibly undergrounded. Therefore, the
project will have to be designed so as to provide adequate easements and
accommodations as required by PG&E.
Haz/Control Facilitv
In evaluating the proposed project, consideration must be given to the appro-
priateness of locating commercial land uses in the vicinity of the HazjControl
facility. Despite the existence of strict regulations and use of careful
handling procedures, the potential exists for the occurrence of an incident
which could create a health hazard to people in the vicinity of the facility.
While the probability of such an occurrence is relatively low, considering the
Exhibit A - Rincon Plaza EIR
14
3/16/93
.
.
types of wastes which are handled at the facility, the consultant concludes
that the potential health hazard created on the project site is significant.
This potential impact can be reduced in a number of ways, such as keeping the
sensitive land use away from the source of the potential hazard and creating
physical buffers between the two land uses.
Section 22.30 of the Gilroy zoning ordinance indicates that hazardous waste
transport and storage facilities will not be permitted within l,OOO feet of
the exterior limits of any school property or City of Gilroy water well. There
are no set standards for separation from commercial facilities. With respect
to hazards relating to transportation of hazardous materials to and from the
plant, the following impacts may result. First, as the project description
indicates, the project would result in the closure of the Renz Lane/Highway
152 intersection. Traffic from Renz Lane would access Highway 152 by traveling
through an intersection at the Camino Arroyo extension then traveling south to
intersect Highway 152 at a signalized intersection. The traffic report in-
dicates that this would result in a better level of service for vehicles
accessing Renz Lane than currently exists. This would lessen the risk of
hazardous materials spills relating to trucks accessing the Haz/Control fac-
ility. Further in light of the relatively small number of vehicles carrying
hazardous materials to and from the facility each day (a total of approx. 20
vehicles) and the relatively short distance involved (less than one mile), the
consultant concludes that the risk created by implementation of the proposed
project with respect to transportation of hazardous materials is insig-
nificant.
California Hiahwav Patrol Station
Due to the distance between the proposed project and the station, it is not
expected that the proposed project would have direct land-use compatibility
impacts with the station. However, the proposed project will result in a
change in the circulation and access to and from the station. This would have
two adverse impacts. First, response times for major accidents on Highways 152
and 101 will be slightly longer. However, this additional response time,
although adverse, is not considered significant. Second, the longer route will
add vehicle miles traveled, which could slightly increase operational costs
associated with the station. However, additional operational costs, although
adverse, is not considered significant.
Residences Located Alona Renz Lane
The residences located along the southern portion of Renz Lane could exper-
ience increased noise levels as a result of the proximity of the proposed
project. provision of adequate fencing and landscaping will minimize these
potential impacts.
Ronan Flood Control Channel
Development of the project site for commercial land uses would increase the
level of activity in the vicinity of the Ronan Channel which could result in
potentially hazardous situations. The project proponent has iodicated that
development of the project site will include fencing and landscaping along the
northern boundary of the site in order to minimize contact with the flood
control channel. As long as this buffer is adequately designed, development of
Exhibit A - Rincon Plaza EIR
15
3/16/93
.
.
the project site for commercial uses will not result in any significant ad-
verse effect related to the Ronan Channel.
Gilrov Foods processina Plant
Visitors to the project site will be subjected to occasional odors from the
Gilroy Foods processing plant. This impact may be perceived as significant by
some 4 However, these periodic odors are not overwhelming in nature (they
dissipate rapidly with distance) and do not significantly affect the appro-
priateness of the project site for development.
Hiahwav 152
Section 2.5 identifies the amount of traffic expected to be generated from
build-out of the project site for commercial uses in comparison to the indus-
trial uses planned for in the Gilroy general plan. The traffic report includes
mitigation measures which, if implemented, would ensure that the level of
service on all roadways in the project vicinity will remain at acceptable
levels. Therefore, the project will not significantly increase the risk of
traffic accidents involving trucks carrying hazardous materials on roadways in
the project vicinity.
Mitiaation or Avoidance: 19~ The site plans for any specific
construction project shall provide for the undergrounding of all power dis-
tribution lines located within the area of that project~ In addition, the
transmission lines running eastward through the center of the project site
will have to be relocated by the project proponent or the project designed
will have to incorporate the following standards: No buildings or structures
are allowed within the pOle-tower line rights-of-way; Trees within the
rights-of-way are discouraged; any plans which include trees in these areas
must be reviewed and approved by PG&E; .No excavations may be made within 20
feet of a transmission pole-tower; ~Minimum clearances from high voltage lines
must be maintained, as described in the PG&E manual High Voltage Electrical
Safety Orders; During construction activities, dust control measures must be
implemented to avoid contamination of the insulators; 'Unrestricted access to
the lines by PG&E crews must be maintained at all times for emergency and
normal maintenance operations. .All above ground power lines on the project
site should be marked as appropriate with colored balls or other materials to
enhance their visibility to low flying pilots. The above standards shall also
apply to the transmission line which runs along the western boundary of the
project site. Evidence that the transmission lines will be relocated or that
the above standards will be followed shall be provided to the Planning Dir-
ector prior to issuance of a building permit. In addition, the applicant
shall perform a study examining the potential for adverse health effects due
to to electromagnetic fields emitted by the adjacent overhead high tension
power lines. 20. Prior to architecture and site design review, the project
applicant shall be required to develop a project implementation program and
risk assessment study to ensure the safety of employees and users of the
commercial facilities from a hazardous materials accident at the adjacent
HazjControl facility. The criteria to be included in the development of this
project implementation program are: a. Designate a land use limitation area.
An example of this criteria would be designating an area on the site plan
between 100 and 500 feet from the eastern property line of the Haz/Control
Site, in which certain land uses would be limited. Of particular concern are
Exhibit A - Rincon Plaza EIR
16
3/16/93
.
.
land uses that might concentrate humans outdoors for lengthy periods of time.
b. Building design criteria to reduce exposure to hazardous materials.
Examples of the type of criteria that should be considered are: Not allowing
any operable windows or any doors on west facing exterior walls in the first
line of buildings near to the western property line of the project site;
Design of the buildings mechanical ventilation system to include a shut down
devise or filtration system or some other mechanism, if feasible, to control
outside air intake. c. Designate a permanent buffer area. -An example of this
criteria would be designating on the site plan a combination of the
following: A lined ditch adjacent to the Haz/Control Facility property line;
A permanent and restricted bermed/landscaped area; Fences and/or walls. d. A
communication system between Haz/Control and the commercial uses at the
project site should be created. -Examples of this criteria that should be
considered are: Alarm systems at HazjControl and/or at the commercial uses;
Communication devises between HazjControl and the commercial uses, such as
loud speakers, direct lines of communication, etc. e. An evacuation plan for
the commercial uses. Examples of this criteria include designating evacuation
routes, a communication center, establishing procedures for evacuation and
security personnel in charge of the procedures. This program should be
prepared in cooperation with the City and Haz/Contro1, submitted to the City
prior to approval of a specific site plan for development of the project, and
subject to review and approval of the Planning Director. 21. The site plan
for any specific construction project located in the southwestern portion of
the project site shall include a buffer between the project and the existing
residences located along Renz Lane. The buffer area shall include, at a min-
imum, a six-foot-high solid fence, a three-foot-high earthen berm, and a
minimum five-foot-wide landscaped strip on both the western and eastern sides
of the fence. The specific construction plan shall be reviewed and approved by
the Planning Director prior to the issuance of a building permit. 22. The
site plan for any specific construction project located in the northern por-
tion of the project site shall include a buffer between the project and the
Ronan Channel. This buffer area shall include, at a minimum, a six-foot-high
fence and a minimum twenty five-foot-wide landscaped strip sufficient to
discourage access to the Ronan Channel. The specific construction plan shall
be reviewed and approved by the Planning Director prior to the issuance of a
building 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.
K. PUBLIC SERVICES WATER SERVICE:
11. Sianificant Effect: The use of ground water resulting from implem-
entation 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 75 acre-feet of water per year on the project site will not result in a
significant adverse impact with regard to ground-water use, because the entire
L1agas Groundwater Basin supplies approximately 45,000 acre-feet of water per
year for the area and development of the project site has already been incor-
porated into SCVWD supply projections. In addition, conversion of the project
site to urban uses would result in the termination of water use on the project
site for the existing agricultural uses. This will partially offset the water
demand created by development of the project site.
Exhibit A - Rincon Plaza EIR
17
3/16/93
.
.
The 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 67,000 gallons per day of water to be used by
the proposed project may affect 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. The project
applicant anticipates that a new well on the south side of Highway 152 (at a
currently identified well site) will need to be constructed at some time
during the project build-out in order to maintain adequate water flows. This
is a city project, and is independent from this project. Although it will
mitigate the concerns of system capacity for this project. The Applicant will
be required to pay water impact fees to offset this impact. Development of
the project's later phases will require pipes to be sized to provide adequate
flow and pressure to the project site. since there is an existing city water
well located just to the south of the project site, water pressure available
to the site is anticipated to be adequate.
Mitiaation or Avoidance: Although no significant adverse environ-
mental project-related impacts will result regarding water service (assuming
City water impact fees are paid and the City implements its project to install
a new well in the area), the following mitigation measure is still recommended
to further reduce potential water impacts. 23. The species of plants,
shrubs, and trees planted on-site shall be native, drought-tolerant species
and shall consist of only 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, along with the project landscape plan, shall be reviewed through
the city architectural and site review process and approved by the Planning
Director prior to issuance of a building 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.
L. PUBLIC SERVICES SEWER SERVICE:
12. Sionificant Effect: The proposed project will generate approx-
imately 61,500 gallons per day of sewage. At present, adequate capacity does
not exist within the Gilroy-Morgan Hill Wastewater Treatment Plant to accom-
modate the proposed project. However, it is anticipated that adequate capacity
will be available by the end of 1994. Significant adverse impacts on the
sanitary sewer system will be avoided because approval of the project will be
based on upon availability of adequate treatment plant capacity.
Build-out of the project site under the proposed general plan designations
would generate approximately 25,500 gpd less than would build-out of the
project site under the existing land-use designation. Adequate sewer infra-
structure facilities exist to serve the proposed project. Connection of the
on-site sewage collection system to either the 24-inch or 33-inch mains which
parallel the western boundary of the project site is feasible and will not
result in any significant adverse impacts.
Mitioation or Avoidance: Although no significant adverse environ-
mental project-related impacts will result regarding sewer service, the fol-
lowing Mitigation Measure is recommended. 24. Prior to approval of a site
plan for any construction project, the applicant shall prepare a sewage
Exhibit A - Rincon Plaza EIR
18
3/16/93
.
.
infrastructure improvement plan which shows all on-site and off-site improve-
ments necessary to provide sewage collection service for the project. The
applicant shall assume responsibility for the full costs of required sewer
system improvements. This plan shall be subject to the review and approval of
the City Engineer prior to issuance of a building permit. The applicant will
also be required to pay sewage treatment connection and impact fees to the
city per the latest city action establishing such fees.
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 FIRE SERVICE:
13. Sianificant Effect: The proposed project will increase the de-
mands on personnel and equipment of both the Fire Prevention Bureau and the
operations division of the Gilroy Fire Department. However, because the proj-
ect site is located within the service district of an existing engine company
(the fire station located at Tenth and Chestnut), development of the project
site would not add a significant demand to that already in existence.
The public safety impact fees to be paid by the project applicant will be
sufficient to offset the additional demands on equipment caused by the pro-
posed project. Additional taxes provided to the City by build-out of the
development are sufficient to offset the additional demands on operations.
Mitiaation or Avoidance: Although no significant adverse envir-
onmental project-related impact will result regarding fire service assuming
the fire impact fees are paid and the current tax revenue sharing of the City
remains the same), the following mitigation measure is still recommended to
further reduce potential fire impacts. 25. As an implementation step of the
project, plans for any future specific construction project shall include a
fire safety plan. This plan shall indicate and describe all fire safety
improvements which will be included in the project, including fire hydrant
locations, sprinkler and alarm systems, emergency vehicle access provisions,
evacuation plans (if necessary), and demonstration of adequate water pressure
for fire fighting purposes. This plan shall be approved by the City Fire
Department prior to the issuance of a building permit for any construction
phase of 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.
L. SCHOOLS:
14. Sianificant Effect: Development of the project site is likely to
result in an increase of residents in Gilroy due to the hiring of employees to
staff the project. Because this would result in an increase in school-age
children within the Gilroy Unified School District, significant adverse im-
pacts could result if adequate capacity is unavailable for additional stu-
dents.
Mitiaation or Avoidance: 26. The developer shall provide required
impact fees to the Gilroy Unified school District.
Findina: 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 EIR.
Exhibit A - Rincon Plaza EIR
19
3/16/93
.
.
M. SOLID WASTE DISPOSAL:
15. Sianificant Effect: Construction of the proposed project will
increase the amount of solid waste generated within the City of Gilroy. Due to
the lack of specific land uses it is difficult to determine the exact amount
and type of waste that will be generated by the project. Considering that the
life span projections for the Pacheco Pass landfill take into account the
projected growth rate of the city and a new landfill will be developed once
the existing facility is full, the proposed project will not have a signif-
icant adverse effect on the solid waste disposal.
Mitiaation or Avoidance: 27. As an implementation step for any
specific construction project, the applicant shall prepare and submit a solid
waste disposal plan. This plan shall provide an analysis of the anticipation
amount of solid waste that will be generated by the project and indicate the
manner in which it will be disposed. In addition, the plan, at a minimum,
shall include the following: a) identification of recyclable materials
storage areas in the design of the proposed project; b) identification of the
manner in which insulation and other products made of recycled materials (e.g.
inerts) will be incorporated into building structures; c) provision of infor-
mation to businesses about the recycling services in the area. This plan
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 ErR.
N. ARCHAEOLOGICAL RESOURCES:
16. Sianificant Effect: Based upon the background research and field
reconnaissance, Archaeological Consulting concluded that the project area does
not contain known potentially significant cultural resources. The shell frag-
ments observed were both species that have been utilized historically, and
there was no clear concentration. However, because unidentified buried cul-
tural resources may be found during project construction, standard mitigation
is recommended in the event of significant cultural resource discovery.
Mitiaation or Avoidance: 28. If archaeological resources or human
remains are discovered during construction, work shall be halted within 150
feet of the find until it can be evaluated by a qualified professional arch-
aeologist. If the find is determined to be significant, appropriate mitigation
measures shall be formulated and implemented prior to continuation of con-
struction. Such mitigation shall be included in the contractor specifications
for any specific construction project and shall be subject to approval by the
Planning Director prior to the issuance of a building 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.
Exhibit A - Rincon Plaza EIR
20
3/16/93
.
.
II. PROJECT ALTERNATIVES:
A. No proiect Alternative (environmentallv preferable alternative.l
Alternative: The No Project Alternative consists of leaving the site in
its present condition. (FEIR p. 137)
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. Reduced Size Alternative (environmentally superior alternative after a.)
Alternative: The Reduced-Size Alternative would result in the project
being limited to the area west of the Proposed New Boulevard. (FEIR p. 138).
Statement Of Fact: A reduced-size project could still achieve the basic
objectives of the project while resulting in an incremental reduction to the
level of impacts created by the project (agricultural resources and air qual-
ity) but would not reduce them to a level of insignificance.
Findina: The City Council finds that the reduced-size alternative would
not have a substantial practical effect on limiting future development other
than to limit the amount of commercially-designated land within the city.
Specific economic, social, or other considerations make infeasible this proj-
ect alternative identified in the EIR. (See also Statement of Overriding
Considerations, Section III, below.)
C. Alternative Location
Alternative: The Alternative Location Alternative consists of moving
the project to another location with similar size and accessibility. (FEIR p.
138).
Statement Of Fact: Because of the abundance of agricultural land in the
area, this alternative would still allow development resulting in the loss of
165 acres of prime agricultural land and loss of air quality, which are the
only significant and unavoidable impacts found by the EIR.
Findina: The City Council finds that the alternative site would not
fulfill the objectives of the proposed project of providing profitable retail
services because the alternative site is not as near to 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 EIR. (See also Statement of Overriding Considerations, Section III,
below.)
Exhibit A - Rincon Plaza EIR
21
3/16/93
.
.
D. Alternative Land Use Desianation
Alternative: The Alternative Land Use Designation Alternative consists
of reversing the location of the commercial and industrial land uses, in order
to move the commercial land uses away from potential hazardous material spills
(FEIR p. 141).
Statement Of Fact: This alternative would still allow development of
the site, resulting in the loss of 165 acres of prime agricultural land and
loss of air quality, which are the only significant and unavoidable impacts
found by the EIR, and would have fiscal and economic impacts on the project by
moving the commercial land uses away from US 101.
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. Because of its fiscal and economic impacts on
commercial land uses, the Alternative Land Use Designation Alternative would
not meet the City's immediate need for increased commercial development. The
City Council thus finds that the Alternative Land Use Designation 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 proj-
ect alternative identified in the EIR. (See also Statement of Overriding
Considerations, Section III, below.)
Exhibit A - Rincon Plaza EIR
22
3/16/93
.
.
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 ErR, that the project
will result in two significant unavoidable impacts; that being the loss of 165
acres of agricultural land, and the loss of air quality. These impacts,
referenced in the Final Environmental Impact Report, 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 be-
cause:
1. The loss of agricultural land and air quality could only be partially
mitigated by scaling down the proposed development. Of the identified alter-
natives, 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 these significant environ-
mental effects 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 agricultural land. 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
greater variety of merchandise than what is currently available) near US 101
to accommodate shoppers throughout the region as well as those in the City.
Denying the project, adopting the no-project alternative, or requiring further
mitigation would prevent or inhibit the City from realizing these benefits.
.
.
EXHIBIT B
MITIGATION MONITORING PROGRAM CHECKLIST
Rincon Plaza General Plan Amendment Em
The following mitigation measures shall be incorporated into any future project
specific plans for the project site prior to issuance of a Building Permit:
Party Party
Mitigation Nature of Mitigation Responsible for Responsible for
Number Implementation Monitoring
1 Adherence to Uniform Building Applicant Building Inspector
Code structural earthquake
reeulations
2 Preparation of soils foundation Applicant City Engineer
analysis
3 Construction of the proposed Applicant City Engineer
project during the dry season or
erosion control nlan
4 Minimization of conflicts with Applicant Planning Director
agricultural lands. ,
5 Final infrastructure plan Applicant City Engineer
approyal for drainage and
imnrovements Buildinl! Insnector
6 Implement traffic improvements Applicant City Engineer
for ancillary facilities phase and
Buildin" Insnector
7 Implement traffic improvements Applicant City Engineer
for Phase 1 and
Buildinl! Insnector
8 Implement traffic improvements Applicant City Engineer
required for buildout of the and
remainder of the proposed Building Inspector
project.
E Deve loned 1] ca ti ana Vi n centive Annlicant Planninp' Director
rideshare nroPram.
fllQ Provide adequate public transit Applicant City Engineer
infrastructure
Mil Provision of adequate bicycle Applicant Planning Director
storal!e
H12. Provision of bike path to project Applicant Planning Di rector
site.
-Hll3. Water exposed earth surfaces Applicant Building Director
during clearing, excavation,
ffadinl!. and construction
13 14 Use of tarpaulins during Applicant Building Director
construction
HlQ. Reduction of wind erosion Applicant Building Director
Mitigation
Number
Nature of Mitigation
Party
Responsible for
Implementation
Party
Responsible for
Monitoring
.
.
Mlli Conceptual and final project Applicant Planning Director
siting, architectural, and and Site and
landscaping plans Architectural
Review
1611 Landscape plan shall conform to Applicant Planning Director
the City's Consolidated
Landscaping- Policy
-Hlli Bnilding design noise analysis Applicant Planning Director
shall be prepared to indicate
structural noise attenuation
measures
-Hlll!. Undergrounding of power lines Applicant Planning Director
0021 Buffer between project site and Applicant Planning Director
residences a lonll Renz Lane
Bl22 Buffer between project site and Applicant Planning Director
Ronan Channel
lMl2a The landscape plan for the Applicant Planning Director
proposed project shall include and Site and
drought-tolerent species Architectural
. Review
ll1l2.1 , Preparation of sewer Applicant' ',,' City Engineer
infrastructure improvement plan ,
i!-42,2 Provision of fire safety plan Applicant ' , City Fire
, Department
%2li The applicant shall submit Applicant , Planning
evidence to the planning Director/Gilroy
department that the fee Unified School
requirements of the Gilroy District
Unified School District have
been met
21 Solid waste disuosal ulan Auulicant Plannini! Director
~28. Protection of potential buried Applicant Planning Director
cultural resources during
construction.
The following mitigation measures shall be incorporated into any future
project specific plans for the project site prior to Architecture and Site
Design Approval:
!9211
Develop a project implementation'
program and risk assessment study to
ensure the safety of employees
and users of site buildings from
hazardous materials accident.
Applicant
Planning Director
.
LOCATION MAP FOR
"
GPA 92-01
EXHIBIT C
.
;~
I U ,\.
/-;p'~ \\IL
,f(/" II
--7 l!; , \'F==L J
/ r/ ... ]1 i ),.. '1
/ ~;, ~ I ~=--=--=-:::
I I l! II
" ;' ,~ III
/ il ~ ilr-~
/ h ~ ILr,,)
! It :; i
___L--} 7 ;j
////_"__~ p.m"Olnoa ~I
, / I U "'ON g
// // I P9S0d~O-'d'~
I' I I, - 1:1:'-----
/ I ,9 ." -
I lJ ~I----~
I !
I ;.0
! 0
/ ,J
I lJ
I 0
/ ;; !.
IH '
e II ~ r.
I III · ! ('0
\ ,\1 ~.J \~\
\\~\~ )~\\
... i \'~
\ \ 'Ii \. \"'...'"
~ ' ,\;:':
\\\ 1/::\ \\
\ '60 I r---o'\'\
;, ,; \, ' i cA
,'~\ ~// /,' ~ '>>, -= ~ /,.$/................ - ~I
,_' / e.. ,,', i$/(\. "t.
I' .s:: e . ~ /""\ u /,."
/-;,-, ( \ \ '8 oil l! ~' ,\," /~,/"-;~:f,~<
/ " , ] ~ . \.. )o/';;-;-:;,..:"'~ /'
'\'\ \ \ c eV ~~~\.~",->,>~P:~>/'>::';
\ I>l -< ' ,~y ,.- / / /-"//
\\ \' "v /\,../""/ ""./ ","" /./,/./
\ \7'" ./ ///' r:;,.,,>::--c:--=~
\ \ \ /' ~.. >/~/-""- ---
\ ./ ......~....y"&'/"" -"::,
\ //o,(.\~"" .-.rf/
\ \ ./""';/"" /' /./~
././ ",//
I I ",,"".// /""/
",""""/ ",,/.//
I J /"'/'/ /.//
""./ ""//
//"" ///
"" "" /'//
~
...
l:i
r}5
~
]
~
1
'60
..
J>::
:;IE e
'E
..
e old Jj
e ."
o 8 ~
. <)
,/
I ~
I>-~f'
!I
I
,
---
EXHrRfT n
ot .! .'~.
=
~
~
~
Q)
......
ei""l
00.
Q) " ,
;...
So
..... ~
~
~
.....~
r:t:l
C'j
N
C'j
......
p..
~
o
o
~
.....
~
f.
.;;;
"
Q
I-
o
'j:
~
C
-
c::l
l:D
.5
c
s::
..
ii:
,;
l-
E
"
~
;C
"
<
<;
~
:0
..
Il:
<Ii
l:
"
o
<J:J
.r E
.;::W:
~ .~
:J~
<
-'
.
..
.
,<
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 93-12 is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 15th day of March ,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 l6th day of
March
,l993.
42f1~€~
(Seal)
,