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Resolution 1993-25 . . 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; -l- RESOLUTION NO. 93 - 25 . . 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 -2- RESOLUTION NO. 93 - 25 . . 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. . . - 2 - 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. . . - 3 - 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. . . - 4 - * 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. . . - 5 - 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- . . - 6 - 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 . . - 7 - 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). . . - 8 - 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. . . - 9 - 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, . . - 10 - 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 . . - 11 - 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)