Resolution 1993-25
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RESOLUTION No. 93 - 25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY MAKING CERTAIN FINDINGS
REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND APPROVING GPA 9l-03,
AMENDING THE GILROY GENERAL PLAN MAP TO CHANGE THE DESIGNATION FROM VISITOR SERVING
COMMERCIAL AND GENERAL INDUSTRIAL TO GENERAL SERVICES COMMERCIAL ON AN
APPROXIMATELY 3l-ACRE PROPERTY LOCATED SOUTH OF PACHECO PASS HIGHWAY EAST OF US
lOl,
WHEREAS, South County Development has submitted GPA 91-03, to amend the
Gilroy General Plan map to change the designation from Visitor Serving
Commercial and General Industrial to General Services Commercial on an
approximately 3l-acre property located on Pacheco Pass Highway, east of U.S.
101, and
WHEREAS, the City caused to be prepared under its direction and control
and pursuant to the requirements of the California Environmental Quality Act
Draft and Final Environmental Impact Reports ("EIR") for project; and
WHEREAS, the EIR was reviewed and considered by the Planning Commission
and the Planning Commission held a duly noticed and advertised public hearing
on the 7th day of May, 1992, and after that public hearing the Planning
Commission did vote to recommend that the City Council find the EIR to be
complete and in compliance with CEQA and then did adopt Resolution No. 92-17
making certain findings and recommending that the City Council approve GPA 91-
03; and
WHEREAS, the City Council has on the lst day of June, 1992, conducted a
duly noticed and advertised public hearing and after that public hearing did
certify that the Final EIR has been completed in compliance with CEQA, and the
Final EIR was presented to the City Council and the City Council reviewed and
considered the information contained in the Final EIR prior to taking action
on GPA 9l-03;
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RESOLUTION NO. 93 - 25
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NOW, THEREFORE, BE IT RESOLVED that the City Council hereby makes the
findings required by Public Resources Code section 21081 regarding project
impacts and project alternatives, and adopts the statement of overriding
considerations pursuant to CEQA guidelines section 15093, all as set forth in
a portion of the attached Exhibit "A" and incorporated herein by this
reference, and
B. The mitigation monitoring program required by Public Resources
Code section 2l08l.6, attached to this Resolution as a portion of Exhibit "A"
and incorporated herein by this reference, is hereby adopted; and
C. The City Council concurs with the findings of the Planning
Commission and further finds that:
l. The City has properly taken all actions required by the
California Environmental Quality Act; and
2. The adoption of GPA 91-03 is in the public interest; and
D. GPA 9l-03 should be and hereby is approved, so that the Gilroy
General Plan map is amended to change the designation from Visitor Serving
Commercial and General Industrial to General Services Commercial on an
approximately 3l-acre property located south of Pacheco Pass Highway east of
U.S. 101.
PASSED AND ADOPTED this 3rd day of May, 1993 by the following vote:
AYES: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ
and GAGE.
NOES: COUNCILMEMBERS: None
ABSENT:COUNCILMEMBERS: None
:;V~ ./.
Mayor ~
;L-.J[,' dlt;;: <-
City Clerk
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RESOLUTION NO. 93 - 25
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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 SOUTH COUNTY DEVELOPMENT GENERAL PLAN AMENDMENT (GPA 91-03)
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. Sionificant Effect: The project will likely be subject to severe
ground shaking during its lifetime due to the close proximity of the site to
major active and potentially active faults. Level of Significance - This
effect is significant, but can be reduced to a level of insignificance pro-
vided that improvements are constructed per earthquake standards of the Uni-
form Building Code.
Mitioation or Avoidance: All structures shall be constructed con-
sistent with regulations contained in the latest edition of the Uniform Build-
ing Code for earthquake hazard construction.
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.
A.
2. Sianificant Effect: The project site is located in area with a high
potential for liquefaction due to seasonally high groundwater levels. Level
of Significance - This effect is potentially significant, but can be reduced
to a level of insignificance provided that the applicant conduct a detailed
soils report to determine the extent of the liquefaction hazard and required
mitigation, prior to development of the site.
Mitiaation or Avoidance: Prior to development of the site, the
applicant shall conduct a detailed design level soils investigation for the
site to ensure that structure foundations and subsurface improvements are
appropriately designed to withstand the expansive character of on-site soils
and to ensure that grading and excavation plans are properly engineered. In
addition, this soils investigation shall provide a detailed study of the
liquefaction hazard on the project site, and provide recommendations for
structural design to mitigate any identified hazard.
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.
3. Sianificant Effect: Damage to structural foundations (under future
development conditions) due to the moderate expansiveness of soils at the
site. Level of Significance - This impact is considered to be potentially
significant, but it can readily be reduced to an insignificant level by appro-
priate foundation design. The impact would be the same for future development
conditions under either existing or proposed land use designations.
Mitiaation or Avoidance: See mitigation measure for impact #2.
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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.
4. Sianificant Effect: Erosion of site soils from rainfall if those
soils are exposed during the rainy season (October 15 to April 15). Level of
Significance - The threat of erosion as a result of site preparation occurring
during the rainy season is considered to be potentially significant. This
effect can be minimized by instituting standard erosion control measures.
Mitiaation or Avoidance: If the applicant proposes to conduct
grading activities during the period from October 15 to April 15, an erosion
control plan shall be prepared and implemented.
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.
5. Sianificant Effect (direct and cumulative): Loss of prime agri-
cultural land which would result from future development of the site. Level
of Significance - This impact is considered to be significant and
unavoidable. It should be noted that the loss of prime agricultural land
would occur with development of the site irrespective of the land use desig-
nation. However, it is assumed that approval of the General Plan Amendment
will facilitate eventual development of the site.
Mitiaation or Avoidance: The impact of the loss of agricultural
land is unavoidable; no mitigation measures are available.
Findina: Specific economic, social, or other considerations make
infeasible the mitigation measures or project alternatives identified in the
final EIR.
B. HYDROLOGY AND STORM DRAINAGE:
6. Sianificant Effect: At present, there are no storm drainage main
at the property line available to convey storm water runoff from the project
site. Level of Significance - This impact is considered to be insignificant,
since there are several options available for constructing storm drainage
facilities to service future development. The City Public Works Department
will review all future development proposals and determine the appropriate
locations for storm drainage infrastructure.
Mitiaation or Avoidance: Prior to project development the applicant
shall be required to submit a detailed storm drainage improvement plan. The
plan shall include design and specifications for the on-site storm drain
system and all off-site storm drainage improvements deemed necessary by the
City Engineer. The applicant shall pay storm drainage impact fees to the City
as a condition of a project approval. Fees shall be paid prior to issuance of
a building permit.
Findina: This impact is considered to be insignificant.
C. TRAFFIC AND CIRCULATION:
7. Sionificant Effect (direct and cumulative): Future development of
the site could result in traffic and circulation impacts if the project site
design does not provide for access to the future Camino Arroyo.
8. Sianificant Effect: Existing traffic volumes combined with pro-
jected traffic volumes from approved projects, plus project generated traffic
in unacceptable levels of services and operational problems at intersections
in the project vicinity. Levels of Significance - This impact is deemed
significant, since the intersection of Brem Lane and Pacheco Pass Highway
would operate at LOS F on the northbound shared left and through lane, and LOS
E on the southbound shared left and through lane. With signalization, this
intersection would improve to LOS A for the a.m. peak hour, and LOS B for the
p.m. peak hour. In addition, operational improvements will be required at
both the intersection of Brem Lane and Pacheco Pass, and u.s. 101 northbound
and Pacheco Pass. Provided that these improvements are in place prior to
occupancy of the project, this impact should be reduced to an acceptable
level. It should be noted that this assumes that intersection of U.S. 101
northbound and Pacheco Pass will be signalized as warranted under existing
conditions.
Mitiaation or Avoidance: The following mitigation measures address
impacts from future development of the site in combination with existing and
approved projects. These improvements are considered as temporary measures
which would accommodate development of the site, prior to completion of the
Camino Arroyo. Implementation of these interim mitigation measures, as well
as their reconversion upon completion of the Camino Arroyo shall be the sole
responsibility of the project applicant. The following mitigation measures
shall be implemented before an occupancy permit is issued for any commercial
project on the site.
* Convert the u.S. 101 northbound free-right turn lane into a lane
controlled by a YIELD sign. (It is warned that the YIELD-sign con-
trol will be a temporary measure. Under the general plan scenario,
the northbound right-turn lane will need to revert back to a free
right-turn lane).
Signalize the intersection of Brem Lane
(This signal should be coordinated with
the left-turn lane of the Off-ramp, and
Lane) to the restaurant will need to be
*
and Pacheco Pass Highway.
signalization required at
direct access (off of Brem
closed off.
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Level of Significance - This impact is deemed significant, since the traffic
report indicates that at full buildout, all study intersections would reach an
unacceptable level of service. It is imperative that any project proposed for
the site be designed so that future access to the Camino Arroyo can be
provided and coordinated with adjacent parcels. This impact would be reduced
to an acceptable level provided that future development of the site is
accompanied by an area master circulation plan.
Mitiaation or Avoidance: Prior to future development of the site,
the applicant shall be required to develop a Master Plan for traffic and
infrastructure improvements. This master plan must demonstrate an overall
coordinated circulation plan for the immediate area which includes provisions
for future access to the Camino Arroyo.
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.
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* The intersection of Bram Lane at Pacheco Pass Highway shall be
modified as follows: Convert the eastbound right-turn lane into a
free right-turn lane. Convert the northbound approach from a shared
through and left-turn lane with a separate right-turn lane into two
separate left-turn lanes with a shared through and right-turn lane.
* It is recommended that once the Camino Arroyo is completed, the
intersection of Bram Lane at Pacheco Pass Highway be closed off or
possibly maintained only for right-turn in and out movements.
Therefore, further study should be conducted on alternative access
for the project site. Alternative access should be located no
closer than 1,000 feet from the U.s. 101 ramps.
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.
9. Sianificant Effect: Traffic generated from future development of
the site will contribute to short-term and long-term cumulative traffic vol-
umes. Level of Significance - This impact is deemed significant since, in the
short-term the intersection of U.S. 101 southbound and Tenth Street will
operate at LOS D during the peak p.m. hour. In addition, operational improve-
ments will be need at all five subject intersections.
At full build-out, all study intersections would reach unacceptable
levels of service. This is due to land use growth including a substantial
amount along the proposed Camino Arroyo. All study intersections will operate
at LOS F with the exception of Monterey Street at Tenth Street which will
operate at LOS D. Mitigations are proposed for all intersections except those
at Brem Lane and Camino Arroyo. Provided that these mitigation measures
are implemented the cumulative buildout impact should be reduced to an
acceptable level.
Mitioation or Avoidance: The applicant shall pay proportionate
share traffic impact fees to mitigate the project's contribution to City-wide
cumulative traffic conditions. The City Public Works and Planning Departments
shall determine the appropriate amount of impact fees to be assessed the
project based upon cumulative impacts caused by the proposed project and/or
improvements identified in the City's General Plan Circulation Update.
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. AIR OUALITY:
10. Sionificant Effect (direct and cumulative): Future project gen-
erated traffic will result in an incremental increase in the air pollutant
generation within the Southern Santa Clara Air Basin. Level of Significance
Since the "project" is a General Plan Amendment, it will not have an effect
on air quality. However, since it is assumed that approval of the General
Plan Amendment would facilitate development of the site; air quality impacts
are evaluated for potential future development and are deemed potentially
significant. Development of the project site will create short-term and long-
term sources of air pollution. The most significant long-term impact on air
quality will result from the increase in vehicle trips from project employees
and patrons.
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Mitiaation or Avoidance: Provisions for public transit facilities,
bicycle lanes, and pedestrian facilities should be incorporated into the
project as deemed necessary and feasible by the City Planning Director, city
Engineer, and the local transit district. Incorporation of such improvements
into the future development plan for the property should be ensured as ap-
propriate by the City and Transit District prior to approval of Architectural
and Site Review. Recommended TCMs which should be considered for incor-
poration include the following:
* Employment of a transportation/rideshare coordinator.
* Implementation of a ridesharejvanpool program.
* provisions for preferential carpool/vanpool parking.
* Contributions to traffic flow improvements.
* Installation of bike lanes/routes
* Enclose bicycle storage/parking facilities.
* provisions of shower/locker facilities for bicycling commuters.
* Implementation of flexible/compressed work schedules.
* provisions for transit design features within the project design.
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.
E. VISUAL QUALITY:
11. Sianificant Effect: Lighting from future development of the site
may create light and glare impacts to motorists travelling on U.s. 101. Level
of Significance - This impact is deemed to be potentially significant. How-
ever, if lighting systems are designed with low intensity lighting and light-
ing fixtures are used which direct light inward, this impact should be reduced
to an acceptable level. It should be noted that in general, lighting impacts
could be more substantial under development of a project under the C3- Shop-
ping Center Commercial district than under the CM-Commercial Industrial dis-
trict.
Mitiaation or Avoidance: Prior to site and architectural approval
of a future project on the site, the applicant shall develop an overall archi-
tectural and site plan for the proposed development. This plan shall illus-
trate the architectural styles and features of the proposed project. The
architectural plans should also include a detailed lighting plan which indi-
cates the placement and design of all exterior lighting. Such plans shall
demonstrate the use of low intensity lighting and lighting fixtures which
direct light inward to avoid light and glare impacts to motorists traveling on
Highway 101. The final architectural and site plan shall be subject to ap-
proval of the Planning Department and shall be recorded prior to the final
project approval. Subsequent construction shall conform to the design stan-
dards of the plan.
Prior to site and architectural approval of a future project on the
site, the applicant shall include landscape plans with project improvement
plans, subject to the approval of the City Planning and Public Works Depart-
ments. The applicant shall demonstrate that landscaping along Brem Lane
(adjacent to Highway 101) has been sufficiently increased to provide an
adequate visual buffer between the commercial uses and the freeway. Large
street trees shall be planted in conjunction with initial project improve-
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menta. Irrigation and maintenance provisions (i.e., long-term landscape
maintenance agreement) shall also be demonstrated by the applicant.
Flndina: 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.
12. Sianificant Effect: The development of a commercial center could
create adverse visual impacts if building exteriors, parking lots, and land-
scaped areas are not properly maintained. Level of Significance - This impact
is deemed potentially significant. However, if the applicant enters into a
maintenance agreement with the City which stipulates methods and schedules for
parking lot sweeping, trash collection and removal, exterior wall maintenance,
and signage restrictions for commercial tenants, this impact should be reduced
to an acceptable level.
Mitiaation or Avoidance: Prior to project development, the appli-
cant shall develop and enter into a maintenance agreement with the City to
assure long-term maintenance of the commercial project during its operation.
The maintenance plan/agreement shall be subject to the review of City Public
Works and Planning Directors.
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. NOISE:
13. Sianificant Effect: Once the site is developed, uses on the site
will be subject to vehicle-related noise impacts resulting from u.s. 101 and
truck traffic utilizing the Golden West Restaurant parking lot. Level of
Significance - This impact is considered to be insignificant, since future
uses on the site will be of a commercial nature and will not be considered a
noise-sensitive use. However, as part of future environmental review on any
proposed project on the site, the city may want to require an acoustical study
to determine if special noise-reduction construction techniques are required
to ensure that the interior noise levels within project structures do not
exceed State recommended standards.
Mitiaation or Avoidance: Prior to development of the site, the
applicant shall be required to conduct an on-site acoustical study to deter-
mine if traffic-related noise (from U.S. 101 and truck parking lot) require
the implementation of special construction techniques to ensure that the
interior noise levels within project structures do not exceed State recom-
mended standards.
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. PUBLIC SERVICES
Police Protection
14. Sionificant Effect: Future development of the project site would
impact the City of Gilroy Police Department by increasing the need for police
protection services. Level of Significance - This effect is deemed insig-
nificant since, the officer/population ratio should not be adversely affected
by the development of the project site. However, cumulative development in
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the city of Gilroy may impact the future ability of the Gilroy Police Depart-
ment to provide adequate police protection. Development of the site under
either existing or proposed land use designations would have relatively the
same impacts on the department.
Mitiaation or Avoidance: Under future development conditions, the
applicant shall be required to pay the required public safety impact fees to
the City per relevant ordinance requirements.
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.
Fire Protection
15. Sionificant Effect (direct and cumulative): Future development of
the site may impact the city of Gilroy's Fire Department's ability to provide
fire protection services. Level of Significance - Construction of a future
project on the site will increase the demands on both the Fire Prevention
Bureau and the Operations Division of the Gilroy Fire Department. This impact
is significant since the Operations Division is currently understaffed by
twelve fire service personnel. In combination with existing, newly con-
structed and future development in the vicinity, the development of the
project site will place additional stress on the department's ability to
provide adequate fire service. Although impact fees assessed from the project
will help reduce its impact on fire services, such fees can only be used for
equipment needs and do not cover the costs of personnel expansions. If
additional funding mechanisms are not implemented prior to development of the
site, future development would adversely impact the ability of the fire de-
partment to provide adequate fire protection services.
Mitioation or Avoidance: Under future development, the applicant
shall agree as necessary to fund a proportionate share of project mitigation
for the fire department's personnel expansion needs created by cumulative
development. This requirement shall be a condition of final project approval.
Under future development, the applicant shall pay the required
public safety impact fees to the City per relevant ordinance requirements.
All future projects proposed for the site shall submit a fire safety
plan for the review and approval of the City fire department prior to final
project approval. Such plan shall indicate and describe all fire safety
improvements to be included in the project, including; fire hydrant locations,
sprinkler and alarm systems, emergency vehicle access provisions, evacuation
plans (if necessary), and demonstrate adequate water pressure for fire fight-
ing purposes.
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.
Wastewater Disposal
16. Sianificant Effect: No wastewater collection facilities exist on-
site to serve future development at the site. Level of Significance - This
impact is considered to be insignificant, since adequate sewer infrastructure
facilities exist to service the site. Future development on the site could
easily connect into the existing 24 inch or 33 inch mains which parallel the
eastern property boundary (along the PG&E easement).
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Mitiaation or Avoidance: Prior to development of the site, the
applicant shall prepare a sewage infrastructure improvement plan which shows
all on-site and off-site improvements necessary to provide sewage collection
service to the site. The applicant shall assume responsibility for the full
costs of required sewer system improvements. The plan shall be subject to
review and approval of the City Engineer, prior to final project approval.
Findina: This impact is considered to be insignificant.
17. Sianificant Effect: The project would incrementally reduce the
remaining treatment capacity at the City's wastewater treatment plant. Level
of Significance - The effect of future site development on the limited sewage
treatment capacity of the City's treatment facility is deemed insignificant,
since sufficient capacity should be made available by Spring of 1994.
However, it is unlikely that any project proposed on the site would receive
sewer allocation prior to completion of the treatment plant expansion~ Sewage
treatment impacts would not differ substantially with the change in the land
use designation as proposed by the General Plan Amendment.
Mitiaation or Avoidance: As a condition of future development, the
applicant shall pay sewage treatment connection and collection impact fees to
the city per the latest adopted City resolution establishing such fees as a
condition of a project approval.
Findina: This impact is considered to be insignificant.
Water Service
18. Sianificant Effect: Future development of the site will increment-
ally contribute to the reduction in groundwater supplies. Level of Signif-
icance - The individual impact of the project on the City's water supply is
deemed insignificant, since the City and the SCVWD have determined that there
appears to be sufficient groundwater reserves available without impacting the
aquifer. However, over the long-term the project will incrementally contri-
bute to the cumulative reduction in groundwater supplies. Implementation of a
water conservation plan for the project will reduce the project's contribution
to this cumulative impact~ The significance of this cumulative impact will be
dependent upon the ability of the City to manage and conserve existing surface
and groundwater supplies.
Mitiaation or Avoidance: General Plan Public Service and Facility
Policy 30 requires developers to pay fees to cover the costs of expanding the
City's water supply on a proportional basis in relation to the supply de-
manded. The City shall determine if the applicant will be required to pay
such fees as part of future development proposals~
As a condition of future development, the applicant shall submit a
detailed water conservation plan which includes the following water conser-
vation measures:
* A water conserving landscaping program which limits lawn areas and
requires the use of drought-resistant native vegetation in all
initial landscaping and requires the use of drip-irrigation or
sprinkler systems with moisture detectors for landscaping of open
space areas.
* The use of water conserving fixtures including low-flow toilets and
water constricting faucets.
The water conservation plan shall be subject to approval by the City of Gilroy
Planning Department.
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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.
Schools
19. Sionificant Effect (direct and cumulative): Future development of a
commercial use on the site will have indirect impacts on the Gilroy Unified
school District through the hiring of new employees (with children) who are
not currently residents of the City. Level of Significance - This impact is
deemed potentially significant since the District is currently impacted by
overcrowded conditions. However, since the unemployment rate in Gilroy is
amongst the highest in the County at 11.8 percent, it can be anticipated that
a substantial portion of the new employees will already be Gilroy residents.
In addition, school impact fees assessed from future development will assist
the District in accommodating growth in new students. However, it is anti-
cipated that cumulative development in the City will impact schools unless
increased funding mechanisms are developed.
Mitiaation or Avoidance: All future development on the site shall
be assessed school impact fees as required by the Gilroy Unified school Dis-
trict. If the Gilroy Unified School District and the City of Gilroy determine
that the project will impact local schools beyond the level offset by required
school impaction fees, the developer shall, as soon as possible, and before
issuance of any building permits, negotiate with the District and City and
agree to furnish funds or facilities that will fully mitigate such impacts.
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. LAND USE:
20. Sionificant Effect: Large semi-trucks which currently utilize the
adjacent restaurant parking lot may attempt to use parking lot areas of a
future project developed on the site, which could create land use conflicts.
Level of Significance - This impact is considered to be potentially signif-
icant. However, if design considerations and a directional signage program
are incorporated into the site and parking lot layout which would discourage
truck parking, this impact would be reduced to a level of insignificance.
Mitiaation or Avoidance: The applicant for future development on
the site, shall submit as part of the Planning Architectural and Site Review,
a truck directional signage program that discourages truck parking in unauth-
orized areas. In addition, the parking layout may incorporate a number of
design considerations including the use of landscaped medians to discourage
parallel parking in paved areas not designated for parking.
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.
21. Sionificant Effect: Employees and customers of the future project
may be exposed to insecticides and fertilizers used in the existing agri-
cultural operations on parcels to the east and south of the site. Level of
Significance - This impact is considered potentially significant. However,
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site design considerations would reduce this impact to a level of insignif-
icance.
Mitiaation or Avoidance: The applicant for future development on
the site shall demonstrate to the satisfaction of the Planning Department and
Architectural and Site Review Committee, that the project site layout has been
designed so that agricultural land use conflicts with adjacent parcels will be
mitigated.
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. ECONOMIC AND SOCIAL EFFECTS:
22. Sianificant Effect: The development of future commercial uses on
the site could impact the downtown area of Gilroy by competing for retail
sales demands. Level of Significance - This impact is deemed insignificant.
Although the impact of future retail development will likely overlap with
downtown tenants, most of the available sales for merchandise traditionally
sold in the downtown has already shifted to new shopping areas. Thus, the
local retail market has already undergone a transition in recent years as new
centers have moved into the traditional niches held by downtown. The shift
having taken place, it would be the new centers that would feel the compet-
ition from still more apparel and general merchandise space.
The prevailing changes in the demand for retail space imply that the downtown
must find other retail niches that do not overlap with the newer shopping
areas. Although area wide competition is resulting in a present decline in
downtown economic activity, this must be viewed as a stage of transition.
Downtown transitions often emphasize new entertainment, restaurants, and
specialty retail stores. These activities do not require the scale to be
competitive in general merchandise retailing. The older downtown is a more
interesting environment, and the moderate rents provide an opportunity for new
ventures.
In summary, future commercial development on the site will incrementally
contribute to a transition which has already begun and is to some extent
irreversible. Therefore, the project's effect on the downtown is not deemed
significant.
Mitioation or Avoidance:
Findina: This impact is
No mitigation measures are required.
considered to be insignificant.
J. WILDLIFE AND BIOLOGY
23. Sianificant Effect: The project will eliminate the use of the site
as a plant and animal habitat. Level of Significance - This impact is con-
sidered insignificant, since the project site is not of significant habitat
value for plants or animals.
Mitiaation or Avoidance:
Findina: This impact is
No mitigation measures are required.
considered to be insignificant.
K. ARCHAEOLOGY:
24. Sianificant Effect: The project site is located in an area with
moderate potential for archaeological resources. Level of Significance - This
impact is considered insignificant, since the archival research and surface
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reconnaissance did not reveal the presence of any cultural resources on the
site.
Mitioation or Avoidance: In the event that archaeological resources
are encountered during construction, all construction within a fifty meter
radius of the find shall be stopped, the Planning Department notified, and an
archaeologist shall be retained to examine the find and make appropriate
recommendations. This requirement shall be made a condition of final map
approval.
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.
PROJECT ALTERNATIVES:
No proiect Alternative (environmentallv oreferable alternative.)
Alternative: The No Project Alternative consists of leaving the site in
its present condition. (EIR p. 64)
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
ErR. (See also statement of Overriding Considerations, Section III, below.)
II.
A.
B. Alternative Land Use Desianation
Alternative: The Alternative Land Use Designation Alternative consists
of redesignating the site to a Residential or Professional Office land use
category, or developing it under its present designation (General Industrial
and Visitor Serving Commercial) (EIR p. 65).
Statement Of Fact: This alternative would still allow development of
the site, resulting in the loss of 30.83 acres of prime agricultual land,
which is the only significant and unavoidable impact found by the EIR.
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 Alternative Land Use Designation Alter-
native would not meet the City's immediate need for increased commercial
development. The city Council thus finds that the Alternative Land Use Desig-
nation 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 in-
feasible this project alternative identified in the EIR. (See also Statement
of Overriding Considerations, Section III, below.)
.
.
- 12 -
C.
San Ysidro and Las Animas Alternative.
Alternative: The San Ysidro and Las Animas Site Alternative consists of
the site at the southeast corner of San Ysidro and Las Animas. (EIR p.
using
66) .
statement Of Fact: The alternative site does not have the same level of
access from Highway 101. other commercial projects have been approved in this
area, and as a result, the traffic impacts due to this amount of development
are expected top be very significant. The addition of further commercial
development in this area would exacerbate these congested conditions (EIR, pg.
67). In addition, the applicant does not own this alternative site, nor is it
available for sale at this time.
Findinq, The alternative site would not fulfill the objectives of the
proposed project of providing retail services because the alternative site has
less access. This alternative is not "feasible" as defined in Section 15364
of CEQA Guidelines because it is not capable of being accomplished in a suc-
cessful manner taking into account economic, sociall and legal factors.
Specific economic, social, or other considerations make infeasible this pro-
ject alternative identified in the EIR. (See also Statement of Overriding
Considerations I Section III, below.)
D. Santa Teresa Boulevard Site Alternative.
Alternative: The Santa Teresa Boulevard Site Alternative consists of
using the site at the southeast corner of Santa Teresa Boulevard and First
Street. (EIR p. 67)
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, nor is it available for sale at this time.
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 EIR. (See also Statement
of Overriding Considerations, Section 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
30.83 acres of prime agricultural land. This impact, 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 none-
theless outweigh the unavoidable significant adverse environmental impact.
Accordingly, the impact is considered acceptable because:
.
.
- 13 -
1. The loss of agricultural land 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 insignif-
icance. The project alternatives are infeasible or will not avoid or substan-
tially 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 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
variety of family sizes, income levels and age groups) in the City to accom-
modate the City's growing population. Denying the project, adopting the no-
project alternative, or requiring further mitigation would prevent or inhibit
the City from realizing these benefits.
.
.
MITIGATION AND MONITORING SUMMARY
Envt. Mitigation Timeframe For Responsible Mitigation
~ Measure Imolernentation ~ Comoleted
SOILS Geotechnical Prior to final City Engineer -
Report project approval.
Erosion Control Prior to grading City Engineer
Plan permit.
STORM Storm Drainage Prior to final City Engineer -
DRAINAGE Plan project approval
Storm Drainage Prior to building City Engineer
Impact fees permit
HYDROLOGY Landscape! Prior to final Planning Director -
Conservation project approval
Waler System Prior to final City Engineer
Plan project approval
SEWAGE Sewage System Prior to final City Engineer
TREATMENT Plan project approval
Sewage Impact Prior to building City Engineer -
Fees permit
POLICE & Payment of Prior to building Chief Building
FIRE Impact Fees permit Official
Water Supply Prior to final Fire Chief &
Plan project approval City Engineer
TRAFFIC T rattie Prior to issuance City Engineer
ImprovemenlS of occupancy pennits
Payment of Prior to building Chief Building -
Impact Fees permit Official (CBO) -
VISUAL Architectural Prior to final P1anning Director -
QUALITY Site Plan project approval
Landscaping Prior to final PD and City
Plan project approval Engineer
Official Seal of the City of Gilroy this 4th day of
May
,1993.
.
.
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 93-25 is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 3rd day of May 19 93
, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
~."::-:!.f,~tL;
(Seal)