Resolution 1999-44
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RESOLUTION NO. 99-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY MAKING CERTAIN FINDINGS REQUIRED BY THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT IN
CONNECTION WITH A SPORTS PARK COMPLEX AND A
REQUEST FOR URBAN SERVICE AREA EXPANSION TO
ALLOW THE DEVELOPMENT OF THE SPORTS COMPLEX
FOR WHICH AN ENVIRONMENTAL IMPACT REPORT HAS
BEEN PREPARED, AND ADOPTING MITIGATION
MEASURES AND APPROVING A MITIGATION AND
MONITORING PROGRAM FOR THE PROJECT (USA 98-03)
WHEREAS, the City of Gilroy initiated an Urban Service Area expansion application to
incorporate 133.2 acres ofland into Gilroy's Urban Service Area (the Project), and
WHEREAS, the California Enviromnental Quality Act of 1970, as amended, (CEQA)
requires that, in the approval of a project for which a Final Enviromnental Impact Report (FEIR)
has been prepared, the decision-making body shall review the FEIR and make certain findings
regarding the significant effects on the enviromnent identified in the FEIR; and
WHEREAS, the Project was the subject of a FEIR entitled "Gilroy Sports Park and
Urban Service Area Amendment (USA 98-01) Draft Enviromnental Impact Report" and "Gilroy
Sports Park and Urban Service Area Amendment (USA 98-01) Final Enviromnental Impact
Report Addendum" prepared by the City of Gilroy as the Lead Agency in compliance with the
requirements ofCEQA; and
WHEREAS, said FEIR was recommended for certification by the City of Gilroy Planning
Commission on May 6, 1999; and
WHEREAS, the City Council of the City of Gilroy is the decision-making body for
Urban Service Area expansion approvals; and
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WHEREAS, the City Council on May 17, 1999, certified that as the decision-making
body, it reviewed and considered the information contained in the FEIR, and other information in
the record, prior to acting upon or approving the Project, and found that the FEIR had been
completed in compliance with CEQA and reflected the independent judgment and analysis of the
City of Gilroy as Lead Agency for the Project; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this project approval is based is the office of the
City Clerk.
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this project approval is based is the office of the
City Clerk.
NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY
I. Make the findings with respect to the potentially significant and significant effects
on the enviromnent of the Project as identified in the FEIR, attached hereto as Exhibit A
and incorporated by this reference.
2. Adopt the mitigation measures as set forth in the FEIR, and the Mitigation and
Monitoring Program as set forth in the FEIR, attached hereto as Exhibit B and incorporated
herein by this reference.
3. After review of the entire administrative record, including the FEIR, the staff report,
and the oral and written testimony and evidence presented at public hearings, find that
specific economic, legal, social, technological and other considerations justify the approval
of this project in spite of the existence of an unavoidable enviromnental effect that was
deemed significant and that cannot be completely mitigated to a level of significance as set
forth in Finding IIA regarding agricultural considerations, The City Council adopts and
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makes a Statement of Overriding Consideration regarding the significant unavoidable
impact of the project, finding that each of the benefits set forth in the Statement, attached
hereto as Exhibit C and incorporated herein by this reference, constitutes a separate and
independent ground for finding that the benefits of the Project outweigh the risks of its
potential significant adverse enviromnental impact.
4. Reject the Alternatives to the Project described in the FEIR for the reasons set
forth in Exhibit D, attached hereto and incorporated herein by this reference.
PASSED AND ADOPTED this 7TH day ofJune, 1999 by the following vote:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, and
GILROY
ARELLANO
NONE
AYES:
COUNCILMEMBERS:
APPROVED:
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K.A. Gilroy, Mayor \
ATTEST:
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Rhonda Pellin, City Clerk
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Exhibit A
I. Findings of Potentially Significant and
Environmental Impact.
Significant
A. Hvdrnlo.gy.
1. On.Site Flood FlOWRze
a) p~ Sigoilkant Impact: SCVWD holds a flood fiowage e&l''''''->llhat restricts
land use iu>d development on a large portion of the project site. Inappropriate
developrneot within this easement could put slructurcs at risk of damage and people at
risk of i11iury or death from storm-related f100diDg.
b) MitlgatioD Measure: The City shall have a hydrology report prepared for the project
by a qualilled bydrologist or engineer, to address hydrology-related design requirements
for the site and buildings, subject 10 the review pnd approval of the City of Gilroy
Engineering Division and SCVWD prior to issuance of a grading permit. All grading,
design or o1her recommendations of 1his report shall be incolporallld into project plans.
c) Flodin:: Implemeotarion of the above mitigation measure would reduce this impact 10
a less !ban significant level.
2. Surface Water Q1Jality - Construction
8) SigolficaDt Impact: During coostruclion, grading will eKjlOSe sediments to rain or wind
erosion aod subsequeot tmnsporlBlion of sediments to 1I1e Uvas Creek, Pajaro River and
Monterey Bay. Materials used and wastes generated dwing colllltruction would degrade
ware.- quali1;y also. Deveiopmem of the sports park would increase the amount of nmoff
from the site under some weather conditions by adding new impervious surfaces and
would geI1ml1e non-point source poDutants from newly established urban activity at the
project site,
b) Miligadoo Measures: The City shall, for each phase of the project, submit a Notice of
Inteot (NO!) and detailed e<18ineering designs to 1he Central Coast RWQCB. This permit
shalJ require development and implementation of a swppp that uses stoun water "Best
Management Pnlctices" 10 control runoff, erosion and sedimentation from the site. The
swppp must include Best Management Pmctices that address source reduction and. if
necesslIIy, shaD include practices 1bat require treatment. The SWPPP shall be submitted
to the City of Gilroy Engineering Division for review and approval prior to approval of
a grading permit for each phase of the project
The City shaD submit p\ans for review by, and obtain an approved permit from the Santa
Clara V8IIey Water District (SCVWD) prior to approval ofa grading permit for each
phase of the project
c) . FInding: Implementation of the above mitigation measures would reduce this impact
to a less than significant level.
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3. surra... Water Quality - Park OperatiOD
a) J'ot-fl..1ty Slgaificaatlmpuh Opmdion of1he Gi1roy Sports Park will introduce new
urban pollutants II) the project silll, These contaminants could be transported to the
drainage system. polluting downstream water syslelns. .
b) MItlJatloD Mealu....: Project plans, subject to the review and approval of the City of
Oilroy PlanniDg Division, shall include a sedimentation basin adequate of filtering out
heavy stonn water contaminants ~h as silt, and grease traps suitable for filtering out
other urban pollutanis to the extent feasible. The sedimentation basin and grease trap
shall be designed subject to the review and approval of the City of Oilroy Engineering
Division B!1d sball be instalIed at the lime 1hat the stonn water out-fall is constructed.
c) Fiodinl:: ImpIementalion of1he above mitigation measure would reduce this impact to
a less than significant level.
B. Biologjcal Resources.
1. IDvaslve Plant Species
a) Potentially Signilieant Impact: The riparian habitat along Uvas Creek could be
affected by the presence of non-native, invasive plant species.
b) Mitigation Measure: Project plans, subject to review and approval by the City of Gilroy
PIanoina Division, shall include a babitm buffer designed 10 include appropriate native
plant species and shall not include plantings of non-native, invasive plant species. The
cum:ndy IllIVeaeta1ed portion of1he j()..foot (minimum) buffer area west of the traiJ shall
be planted with 10calIy-obtained native grass, shrub and riparian species, Wherever
possible, the east side of the trail shall be planted with native grasses or other native
species to provide additional native habitat before giving rise to the turf alhletic fields.
c) Finding: Implementation of the above mitigation measures would reduce this impact
to a Jess than significant level.
2. Loss of Slgnilic:ant Trees
a) Potentially SignirK>lllt lmpaet: Some of the tree8 along the north side of Thomas
Road-Luchessa Avenue, along the north side of Mesa Road, and through riparian
babitat leading to and from the proposed pedestrian bridge may be considered
"significant" trees that might be mnoved or il\iured during construc1ion activities.
b) Mitigation MeaIures: Prior 10 the removal of any significant tree(s), a field Slmey shall
be conducted by a cenified arhorist to determine the number and 1000000n of each
signifioant tree to be removed, 1he type and approximate size of each significant tree, and
the reason for removal. These findiogs sbaII be included in a written report 1hat contains
specifications for replacing signi1lcan11rces to be removed. The written report shall be
prepared prior 10 the COllllllmOlllllelt of grading activities 1hat take place along the north
side of Thomas Road-Luchessa AvCllUe, aIoog !be nor1h side of Mesa Road. and through
the riparian habitat leadinj to and from the proposed pedestrian bridge, subject 10
approval by the City ofGi1roy Planning Division.
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Prior to d>e commencement of construction activities, the protected zone (one to 1.5
times the dis1ance from the tnmk 10 the dripline,depending on the tree .species) of any
trees or groups of trees 10 be retained sbalI be fenced 10 prevent injwy 10 the trees during
cons1ruction. Soil complll:tion, parking of vehicles or heavy equipment, stockpil.ing of
construction materials, and/or dumping of materials sha11 not be allowed within the
protected zone. The fenciOB shall remain in place untiI all construction activities are
oomplete, The trees or groups of trees to be fenced shall be indicated in a wriUen report
prepared subject 10 approval by the City of Gilroy Planning Division.
c) Findin:: Implementation of the above mitigation measures would reduce this impact
to a less than significant level.
3. Riparian Habitat
a) Signific:antlmpact: Construction of the pedestrian bridge over Uvas Creek. could
disturb riparian woodland habitat.
b) Mitigation Measure: Prior to commencement of trail construction activities the C~
of Gilroy Planning Division shall have a qualified biologist pr"P"'" a Habital Mitigation
Plan for approval by the City of Gilroy lIIId the California Department of Fish end Game,
The Habitat Mitigation Plan shall identifY 1he exact IIDOUIII and location of impacted and
replacemem habitat, and sbalI specil}' the use oflocally-obtained native riparian species.
Any loss of riparian woodland vegetation resulting from Uvas Creek trail construction
activities shall be mitigated on-site within the 50-foot (minimum) habitat buffer at a
minimum 3:1 replacement ratio.
c) Fiodlnr:: Implementation of the above mitigation measures would reduce this impact
10 a less ~ significant level.
4. Riparian Habitat
a) Significant Impact: Construction of the pedestrian bridge over Uvas Creek could
introduce till material into the creek and/or increase turbidity in the creek and interfere
substantially with the movement of Sleelhead as well as other fish and aquatic wildlife.
b) Mitigation .Measures: Prior to the commencement of bridge COIIlItruction activities, a
Section 1603 Streambed Alteration Agreement sha11 be obtained from the California
Depanmerrt of Fish lUId Game. Compliance with this mitigation measure may include,
but not be limited 10, the following:
· Bridge ClllDSlruolion woJlc shall be initiated and completed during the SIIIDD3el' and
liIlI months when this portion of the creek is dry, or at least has a Vel)' low flow,
'JYpicalIy, no construction work shall be allowed in the creek betweml October 15
and early JWle,
· From June 10 October 15, when COlI$truction is allowed. if any water is flowing in
the creek, lhe flow shall be diverted into an open, gravel-lined bypass channel for
the duration of the bridge construction work.
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Priorto co~ent of bridge ~onstrud:ion activities the City shall contact the U.S,
Army Corps of Engineers to ""loa"';"" who bas jmisdiction over the bridge ~0I1
activities and if a permit is required for bridge OOIIStJ:uction.
Prior to co-cement of construction activities, siltation fencing or hay bales sbalI be
installed along portions of Uvas Creek within 100 feet of construction and/or staging
areas, or other eroslon cootrol measures shall be implemented to prevent sediment from
filling the creek, subject 10 approval by the City of Gilroy &gineerlng Division,
c:) Findinr;: Implementation of the above mitigation measures would redUCCl this impaa
to a less than significant level.
5. Burrowing Owls
a) Polelrtially Sir;uilleant Impad: ColIstruction activity along the slope of the Ievee in the
northwest comer oftbe project site could result in the direct loss ofnests, including eggs
and young, or the abandonment of an active nest by the adults.
b) Mitigation Measures: Subject 10 Ihe review of the City of Gilroy Planning Division, no
earlier than 45 days and no later than 20 days prior to commen~ement of grading or
oonstruc1ion on or adjacent to the slope of the levee, field surveys sbalI be conducted at
least four consecutive evenings by a qualified biologist to determine if burrowing owls
are pnlSent in the IXIOSIiuction zone or within 250 feel of the construction zone, These
surv~ shal1 be reqWed only if any construction would occur during the nestillll and/or
breeding season of burrowing owIs potentially nesting in the area (Febnwy 1 through
August 31) and/or during the winter residency period (December I and lanll8lY 31),
Pre-consl>. action survey results shall be submillcd 10 the California Department of Fish
and Game for re\~ew and approval, JI active nests are found in within the survey area,
a blUTOwing owl habitat mitigation plan shall be submitted 10 the California Departmc:nl
ofFish aid Game for review and approval. The burrowing owl habitat mitijation plan
shall contain mitigation measures contained in the California Department of Fish and
Game Staff Report on BUITowing Owl Mitiaation (California Department of Fish and
Game 1995). Compliance with this mitigation measure may include, but nOl be limited
to, the foDowing:
· Avoidance of occupied burrows during the nesting season (F~bruaIy I through
August 31);
· Acquisition. protection and funding for long-tenn management and monitoring of
foraging habitat adjacent to occupied habitat;
· Enhancement of existing burrows and/or creation ofmiw burrows;
· Passive relocation ofburrowinll owls.
Prior to commencement of oonsuuc:tiOll activities, the city shall arrange for a qualified
biologisllO infonn workers of the poleotial ~ of the all special-status species, their
prot~cted status, work boundaries, and measures 10 be implem_.n to avoid 10Sll of
these species ,juring construction activities.
c) Finding: Implementation of the abov~ mitigation measures would reduce this impact
to II less than significant level.
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6. Raptors
a) PlllIIotidy SiplifiCllllt 1mpaet1 Construclicn acIivi!ies in or near the riparian woodland
habitat foum! along Uvas Creel: c;ould result in the direct loss of white-tailed kite,
northern barrier, Coopets bawl:, and sbort-eared owl nests, includiDa eggs and YO\lll&
or the abandomnent of an active nest by the adults.
b) MJ1tga1ion Meuure: Subject 10 the review of the City of Gilroy PlanniDg Division, no
earlier than 4.5 days and no later than 20 days prior 10 commencement of clearing,
grading or construction in or adjacent 10 any riparian habitat, a field survey sba11 be
conducted by a quaIified biolo&ist 10 delemJine if active raptor nes1s are present in the
construction zone or within 250 feet of the ooostruction zone. Tbese surveys sbaII be
required only ifany construction would occur during the nesting and/or breeding Beason
ofmptors potentially nesting in the areas proposed for development (generally March 1
1hmugh AlIgust 1). If active nests are found within tho slirvey area, at the discretion of
the biologist, clearing and oonstruction within 250 feet shall be postponed or haIted until
the neslS are vaoaled and juvc:niles have fiedged and IhCfe is no evidence of a second
attempt at nesting.
e) Finding: implementation of the mitigalion measure presented above requiring a
qualified biologist to inform consttuclion worken; of the potential presence of special-
- species, and !he irmnediately-ahove rniligalion measure will reduce this impact 10
a less than significant level.
7. Amphibians
a) PoteotiaUy Signifieantlmpart Construction aetivilies in or near the riparian woodland
. habitat fmmd along UVBS Creel: could result in the direct and indirect loss of California
red-legged frog, foothill yellow-legged froB. western spadefoot load, California tiaer
salamander. and western pond turtle. Use of the sports park may result in death or
harassment of wildlife by pets and people, consumption by predators attracted to tbe
project site, or I:illed or injured by colltomin.ohon from use of chemical pesticides.
b) MitigatiOll Measures: Subject 10 tbe review of the City of Gilroy PIar1niQg Division. a
qualified biologist shaU monitor the project site during l:ODStruction activities within 100
feet ofUvas Creek. If California red-Ieaged frog, foothill yellow-legged frog. western
spadefoot toad, California tiger salamander, and/or western pond turtle turtles are
observed at the site, construction activities sbaII be baited and the USFWS sbaII be
conlacled for further assistance.
AU food-related trash items shaU be mclosed in sealed containerll and regularly removed
from tbe project area 10 deter attraction of potential predatorll of the California red-
legged frog, foothill yellow-legged frog, western spadefoot toad, California tiger
salamander, and western pond turtle. Pets shall not be allowed on the construction site.
The proper locution of the trash containers shall be subjeol to the review and approval
of th" City of Gilroy Community Development Depar\mellt
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~) Finding: Implementation of mitigation measures presented above, which require
construcIlon activities in or adjacent to Uvas Creek to occur when the creek is dJy or has
a veJy low flow ~ Jwe 1brough October 15), siltation fencing, hay bales or other
erosion control measures to be installed along the portion of Uvas Creek occurring on
Ihe project site to pmvent sediment from filling the creek. retention of a quali6ed
bioloJist to inform constnu:tion workers of the potential presence of spClCial-Slalus
species, and the Um'n....im..ly-above miligPtiO'l measures will reduce this impact to a less
than siprificant level.
8. Habitat Di,tnrbance During Construction
a) Potentially Signifitant Impact: Accidental spills of onntAmin"'lls or other harmful
materials, such as diesel fuel or oil, from construction vehicles could spread into the
SEllSilive riparian woodland habitat and Uvas Cnlek and harm or kill wildlife. During use
of1he sports park. conlamination ofUvllS C"",k could potentially occur from pesticides,
fertilizers. and similar substances.
b) Mitigation Measu.v: Prior to the commencement of construction activities, a plan
shaII be prepared to allow a prompt and effective response to any accidental spills, and
all workers shall be informed of the importance of preventing spills and of the
appropriate measures to take should a spill occur, subject to approval by the City of
Gilroy F.ngineering DivisiOll. This plan shaU specifY that all staging areas and all fueling
and rnaintenanre of vehicles and other equipment sbaJI occur at least 100 feet from the
riparian habitat and Uvas Creek.
Prior to approval of OODSltuClion plans, guidelines sbaJI be established for !be prevention
ofcontamin,mon of the creek by pesticides, herbicides, fungicides, and fertilizers from
maintenance ofthc aIhletic fields, subject 10 the review and approval of the City of Gilroy
Engineering Division, The guidelines shaU include a requirement for oil/grease
separators to be installed in on-site storm drain systems and sweeping programs to be
implemented for parking lots,
~) Finding: Implementation of mitigation measures presented in Section 2.3 HydrolOgy
which require a NPDES permit and a SCVWD permit, and the above mitigation
measures will reduce this impact 10 a less than significant level.
9. Habitat Distnrhanr.e During lle<:ycled Water Une CGnstrudion
a) Potentially Signilitant Impad: Construction activity could produce erosion or
accidental spills of contaminants or otber harmful material. which could decrease habilal
quality and intel'fele with the movement or wdl-being of wildlife.
b) Mitigatieo Measu.v: Mitigation measures #10 and #16 presented above, which
require sil1lrtion fencing, hay bales or other erosion control measurel to be installed along
the portion ofUvas Creek oCCUlTing on the project site to prevent sediment from filling
1he creek, and the preparation of a spill ab8letnent and clean.up plan, will be applied to
the above mentioned impact
c) Flndinll' Implementation of the immediately-above mitigation measures will would
reduce this impact to a ]ess than significant level,
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10. Eft'ee1lI .fNighttime Lighting on Wildlife
a) PoCeatiaIy SlgpHl'~ Impact: Nighttime lighting of the .pons park play fields could
spill over into the riparian woodland habitat and disturb wildlife, restrict the movement
or activity of wildlife, or fiu:ilitate increased predation of wildlife.
b) MI1iIladon Mellsore: Prior to final project approval subject to the review and approvsl
of the City of Gilroy Planning Division, a lighting plan for the .pons park shall be
developed. 'Ibis ligbIing plan shall include at least the following elemtlllts:
· All lighting in the wesllml portion of tile sportS pork will be directed away from the
riparian habitat;
· No ligh.ting will be installed along the Uvas Creek Trail; and
· No ligh.ting will generally be allowed after 11:00 PM,
c) FindinC: Implementation of the above miligal:ion measures will reduce this impact to
a less than significant level.
11. Domestic Activities
a) Potential Impact: People and unleashed pelS wanderina off of the Uvas Creek Trail
could potenlially restrict the movement or activity of and/or disturb or kill wildlife.
b) Mitigation Measun: Prior to final project approval, a signage plan for the .pons park
shaU be prepared to outline the languaae, number and location of signs to dissuade
people from slIaying off1he Uvas Creek Trail and to prohibit unleashed dogs on the Uvas
Creek trail, subject 10 approval by the City of Gilroy Planning Division.
c) FiDding: Implementation of the above miligal:ion measure will reduce this impact 10 a
less than significant level.
C. Tran~portatinnfCirculatinn.
1. LOS Below City StlUldards
Il) Signifi~t Impact: With completion of Phase V of the proposed sports park. the
intersection of Monterey Street and Monterey Frontage Road would be congested.
b) MitIgatIon Masun: Prior 10 completion of Phase IV of the proposed project the City
of Gilroy sball install a 1.raffit signal at the intenection of Monterey Street and Monterey
Fronla8e Road. The minimum lane configuration shall be:
· Southbound Approach - one left-turn lane, one throusb lane, one shared
through/right-turn lane;
· Westbound Approach - one shared lane for all movements;
· Northbound Approach - one left-turn lane, one through lane, one shared
through/right-turn lane;
· Eastbound Approacl1 - one shared lane, one left-turn lane for ail movements.
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Protected left-turn phasing shall be provided for the nMhbound and southboUlld
approach, while a single signal phase shall be provided to serve the eastbound and
westbound approaches.
c) Findinz:: Implementation of the above miligation measures would reduce this impact
10 a less than significant level.
2. Bicyclist lII1d Pedestrian Safety
a) Significant Imp.d: This proposed design of the temporary alignment of the Uvas
CIWk TIail crossing Thomas Road-LuclJessa A wnue would result in a potential safety
hazard to users of the trail.
b) M"11igatioo Measure: The Ilnal improvement plan for the Uvas Creek Trail extension.
subject to the review and approval of the City of Gilroy Eogineering Division, shall
include a <<l..oection 10 Thomas Road-Ludlessa Avenue 1hat leaves the lop of the levee
at a point east ofPrincevalle Street and cotIDCIlIs to Thomas Road-Luchessa Avenue at
the intersection of Princevalle Street via a built-up earth tlImp on the levee'. north
embankment
c) FlndiDg: Implemeotalion of the ahove mitigation measure would reduce this impact to
a less than signifiCllllllevel.
3. Bicyclist and Pedestrian Safety
a) Signlftcant Impad: The temporary alignment of the Uvas Creek Trail crossing of
Thomas Road-Luchessa Avenue would expose trail users 10 high .peed cross traffic.
b) Mitlg8fion Measure: The final improvement plan for the Uvas Creek Trail extension,
.ubject to the review and approval of the City of Gilroy Engineering Divi.ion, shall
include cross walks across Thomas Road--Luchessa Avenue at Princevalle Street and
stop .igns on Thomas Road-Luches.a A venue at Princevalle Street.
c) Ymdlng: Implementalion of the above mitigation measure would reduce this impact to
a less than signllicanl level.
4. Bicycle Access
a) Significant Im~t, The project plans do not indicate a bicycle route connection
between Monterey Street and the sports park access road, a designated bicycle route, and
the proposed sports park access road.
b) Mitiption Measure: The City of Gilroy shall include a Class 1 path on the west side
or Class n bicycle lanes on both sides of Monterey Frontage Road as a part oflhe design
and oonstructiOll of improvernems 10 Mootmy Frontage Road between MoDlerey Street
and the sports park access road. The path or bicycle lanes shall be constructed at the
slime time as 01her planned. improvements 10 these roads are made, subject 10 the review
and approval of the City of Gilroy Engineering DivisiolL
c) YJDding: ImpIementalion of the above mitigation measure would reduce this impact to
a less \ban signifiClllltlevel.
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S. Pede.trian Acceso
a) SipifiCllllt Impact: SPOrts park-related 1raflic increases along Monterey Street and
Monterey Frontage Road will present hazardous conditions 10 pedestrians accessing the
sports park along this route prior to 1I1e completion of Phase IV. The lack of a safe
pedestrian _ along Monterey Strm and Monterey Frontage R.oed would be a
significant environmental impact.
b) Mlilgafln.. Measure: Prior to completion ofphase IV of the proposed project the City
of Gilroy shall construct a minimum 6-foot wide siclewalk along the ~t side of
~ Frontage Road and a lIIinim..,., 10-foot wide sidewalk along Monterey Street
between Thomas Road-Lucbessa Avenue and 1I1e sports park access road.
~) F1ncliDg: Implemenlalio.n of the following mitigation measll11l would redw;;e this impact
to a less tban significant level.
6. Parking Supply
a) Sil"ificant Impact: The proposed sports park woulcl have a shortage of 180 parking
spaees at the completion of Phase V.
b) Mlligation Measure: The Cit;y of Gilroy shall include in project plans. subject to review
ancl approval of the City of GilrOY Planning Division, an additional 180 parking spac:es
to be built prior to completion of Phase V.
~) Findllll: With implementalion of the above mitigation measure this impact would be
reduced to a less than significant leveL
D. Air Oualiv.
1. Project CoJlStnJ~lion
a) PoIentiaDy Sipiticant Impact: Construction activities at 1I1e project site could result
in a significant adverse air quality impact from Dust.
b) Mitigation Measure: The follOwing dust control measures shall be incorporated into
aD permits for any phase of the project. The measures shall be implemented as necessary
to adequately control dust subject to the review and approval of the City of Gilroy
Planning Division.
· Water aD active construction areas at least twice daily;
· Cover all trucks hauling soil, sand, and other loose materials or require all trucks
to maintain at least two feet offreeboarcl;
· Pave, apply water three times daily, or apply (non-toxic) soil stabilizelll on all
unpaved access roads, parking areas and staging areas at constnJctinn sites;
· Sweep daily (with water sweepers) all paved access roads, parlcinll areas and
staging an:as at conslruc1ion sites;
· Sweep streets daily (with water sweepers) if visible soil material is carried onto
adjacent public streets;
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~011
.
10
· Hydroseed or apply (non.loxic) soil stabilizers to inactive cODllln1ction lUllIIS
(previously ped areas inactiye for ten days or more);
· Enclose, cover, WllJer twice daily or apply (non.tOltic) soil binders 10 exposed
stockpiles (dirt, sand, etc.);
· Limit IrIlffic speeds on unpaved roads 10 15 mpb;
· InsIaII sandbags or other erosion control measures 10 prevent sih l'IIlIOff'to public
roadways;
· Repl8Jll vegetation in disturbed areas as quickly as possible;
· Install \Weel washers for all el<istina trucks, or wash off the tires or tracks of all
trucks and equipment leaving the site;
· InstaI1 wind breaks, or plant treeslvegetalive wind breaks at windward side(s) of
construction areas;
· Suspellll excavation and gmdiog activity \Well winds (inst8JIlaneous gusts) exceed
25 miles per hour;
· Limit the area subject 10 e><cavation. grading and o1her construcIion activity at any
one time.
e) Finding: Implementation of the above mitigation measures will reduce this impaclto
a less than sillllillcantlevel.
E. NDiK.
1. Comlnlelion Noise
a) Slgoifiamt 1mP"d: Construclion activities at the project .ite could result in high levels
of noi.e.
b) Mitigation Measure: The following language shall be included on any permits issued
for the sports park, subject 10 the review and approval of the City of Gilroy Engineering
Division. . All noise generating construction activities shall be limited 10 weekdays
between 7:00 AM and 7:00 PM, and 10 Saturdll}'s and City holidays between 9:00 AM
and 7:00 PM No oonslructioo is allowed on Sundays. In addition, temporary berms or
noise attenuation barriers shall be utilized \Wen neces.lU)', .
c) Finding: Implemerdation of the above mitigation measure would reduce this impact 10
a less than significant level.
F. Archaeologlcal Resources,
1. Unknown Arehaeolo&leal Resourees
a) Potentially SipJilicant Impact. Curreotly unidentified buried cultural resources may
be found during COnstructiOD on the project sile.
06/07/99 MON 09:38 FAX 408 846 O~OO CITY OF GI~OY
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y....... oI'Sipili_ ~ "-(USJl.98-03)
~012
.
11
b) Mitigatien MM$_: lheCity shall contl'lwt with a qualified archaeologist to 8lTlID8"
a schedule for monitoring during grading and excavation activities due to the project
site's creek-side location and proximity to 1'eCOIded historic and prehistoric sites.
Due to the possibility that signifitant buried cultural Te$oUJCes miaht be found during
cons1rucIiOll1be following language shall be included IlIIY pe:nni1$ issued for the project
site, includiog. but not limited to building permits for future development, subject to the
review snd approval of the Gilroy Planning Division:
"If archaeological ruowces or hrmwn remains are d1sCfJVer~ during
construction, work shall be halted at a minimum of 200 fret from the find and the
area shall be stalard off. The project developer shall IWtIfjI a qualified
professlonoJ archaeologist If the find is determined to be slgnJjiCfJ1ll, appropriale
mitigation measures shall be formulated and Implemented. "
In the event of an accidental discovery or recognition of IlIIY human remains in any
location other than a dedicated cemetery, the City shall ensure 1hat Ibis Ianguaae is
included in all permits in accordance wilh CEQA Guidelines section l5064.5(e):
"If human remains are ji:Jrmd during construction /here shall be no fUrther
excavation or disturbance of the <ite or any nearby area reascmo.bly suspected 10
overlie adjacent human remail'l$ IUltil the coroner of Sanla Clara County is
contacted 10 determine thar no investigation of the cause of death is required. If
the coroner determines the remains to be Native American the coroner shall
contDct the Native AmerlCQ1l Heritage Commission within 24 haws. The Nallve
Amuiam Herl1age Commission shallldentifjllhe person or persons It believes to
be the most likely descendent from the de'c:eased Nallve American. The most IllaJly
descendent may then make recommendations to the IandC1Wl1er or the person
responsible for the excavation war.\:; for means of treating or disposing of. with
appropriate digmty, the human remains and associated grave goods as pravided
In Public Resources Code Seetlon 5097.98. The lalldawner or his authorized
representative shall rebury the Native American hwmm remains and associated
grave goods with appropriate dignity on the property In a location not subject 10
fUrther disturbance if a) the Native American Hertlage Commission is unable 10
identify a most lilaJly descendent or the most IIlaJly descendent failed to make a
recommendation within 24 hours ajier being notified by the commission; b) the
descentietzt lden/lfledfails to nraIal a recommendalton; or c) the landowner or his
authorized representative rejects the recommendalton of the descendent, and the
medJalton by the Nattlle American Heritage Commtssionji:Jils to proVIde measures
acceptable to the landalllner. .
c) Finding: Implementation of lhe above miligalion measures would reduCe thilJ impact
to a less lhan significant level.
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.
"'lJldiaaIcfSi~_IIIloptllI(USA9&-Dl)
Ii!I 013
.
12
II. Findings of Unavoidable Significant Environmental Impact.
A. Agricultural CODsiderations.
1. Loss of Prime Farmland
a) Uaavoidable Sigoi&cant Impact: Development of the spotts pad< would resuII in the loss
of78.4 acra ofprimem....laoul, idon~fi"" in the FllmIIaDd Mapping and ManitariJl& Program,
over the 2().yeat build-wt of the proposed spor1ll pa<k.
ApptO\'a1 of the Urban Service Area ~ and development of parcels adjacent 10 the
spot'IS pad< site could ultimately IllSUlt in the loss ofthc ......Ain;ng 54.8 acres of desigoated
WmIand within the project site.
h) MitigatiOD Measure: Tbc establishment of the Gilroy Agricullunll Lands Area by both the
City of Gilroy and the Couoty of Santa Clara serves as a regiooaI mitigatioo for losses of
prime farmland in southern Santa Clara Couoty outside of the agricuItorlll lands IIlla.
Although this regional mitigation has been imp.l"""",ted, it does not reduce the loss of prime
fmmland to a less than sigaifioant level and the proposed projc:d would still be COII.~ered to
have a significant and unavoidabl. impacloo prime fannland.
c) Finding: The mitig.tion measure does not avoid or substantially lessen the impacllo
insignificllI1Ce. There arc no other rer.nmm....-l'Jd mitigation measures. Specific ewnomie,
social, and other considcratioos mak. infClSible the project alternatives as described below.
d) Stataooot of o-riding Coosideratioo: The City Council hereby finds that because of the
economic, social, and othec considerations, the benefits of the project outweigh the
UIIIIVOidabIe loss ofprime agricultural land. First, the proposed project will create a valuable
and unique recrcatiooallpad< n:source not CUlTCl111y a1llilable to the public. Second. the
P'~ project will enable the City to.furtbec develop recreatioDllVpark licilities plarmcd for
in acoordance with the City's Gemnl PlllIL Third, the project site is in an area where
mwicipal........u:.s lire ;mm..-!;.,ply available. Fourth, tbe developmeo1 of\he project site wiD
oontribute 10 the City's job b.... Fifth, tbe development of the project site will conlribllle 10
the City's lax base. Finally, the additioa of the project is cootiguous 10 existing urban
devcloped lands within the City and rcpresents a consistent and logical cxpaosion.
Appendix A
. EXHIBIT B .
Mitigation Monitoring Program
.
.
City of Gilroy
Engineering
Division and
City of Gilroy
Engineering
Division
The following mitigation measures shall be included on project plans as appropriate:
1a
Project plans, subject to the review and approval of the City of City of Gilroy
Gilroy Planning Division shall include a sedimentation basin
adequate for filtering out heavy storm water contaminants such
as silt, and grease traps suitable for filtering out other urban
pollutants to the extent feasible. The sedimentation basin and
grease trap shall be designed subject to the review and approval
of the City of Gilroy Engineering Division and shall be installed
at the time that the storm water out-fall is constructed.
4
Project plans, subject to the review and approval of the City of City of Gilroy
Gilroy Planning Division, shall include a habitat buffer
designed to include appropriate native plant species and shall
not include plantings of non-native, invasive plant species. The
currently unvegetated portion of the 50foot (minimum) buffer
area west of the trail shall be planted with locally-obtained
native grass, shrub and riparian understory species. Wherever
possible, the east side of the trail shall be planted with native
grasses or other native species to provide additional native
habitat before giving rise to the turf athletic fields.
18
Prior to final project approval subject to the review and City of Gilroy
approval of the City of Gilroy Planning Division, a lighting plan
for the sports park shall be developed, This lighting plan shall
include at least the following elements:
. All lighting in the western portion of the sports park will
be directed away from the riparian habitat;
. No lighting will be installed along the Uvas Creek Trail;
and
19
Prior to final project approval, a signage plan for the sports park
shall be prepared to outline the language, number and location
of signs to dissuade people from straying off the Uvas Creek
Trail and to prohibit unleashed dogs on the Uvas Creek trail,
sub' ect to a roval b the Ci of Gilro Plannin Division.
City of Gilroy
25
The City of Gilroy shall include in project plans, subject to
review and approval of the City of Gilroy Planning Division, an
additional 180 parking spaces to be built prior to completion of
Phase V.
City of Gilroy
Gilroy Sports Park Mitigation Monitoring Program
City of Gilroy
Planning
Division
City of Gilroy
Planning
Division
City of Gilroy
Planning
Division
City of Gilroy
Planning
Division
4
Gilroy Sports Park Mitigation Monitoring Program
5
.
.
The following rnitigation measures shall be included in the final improvement plan
for the Uvas Creek Trail:
21
The final improvement plan for the Uvas Creek Trail extension,
subject to the review and approval of the City of Gilroy
Engineering Division, shall include a connection to Thomas
Road-Luchessa Avenue that leaves the top of the levee at a
point east of Princevalle Street and connects to Thomas
Road-Luchessa A venue at the intersection of Princevalle Street
via a built-up earth ramp on the levee's north embankment.
City of Gilroy
City of Gilroy
Engineering
Division
22
The final improvement plan for the Uvas Creek Trail extension,
subject to the review and approval of the City of Gilroy
Engineering Division, shall include cross walks across Thomas
Road-Luchessa Avenue at Princevalle Street and stop signs on
Thomas Road-Luchessa Avenue at Princevalle Street.
City of Gilroy
City of Gilroy
Engineering
Division
Gilroy Sports Park Mitigation Monitoring Program
6
.
.
The following mitigation measures shall be implemented prior to issuance of any
permits for any phase:
26
The following dust control measures shall be incorporated into
all permits for any phase of the project. The measures shall be
implemented as necessary to adequately control dust subject to
the review and approval of the City of Gilroy Planning
Division.
City of Gilroy
City of Gilroy
Planning
Division.
. Water all active construction areas at least twice daily;
. Cover all trucks hauling soil, sand, and other loose
materials or require all trucks to maintain at least two
feet of freeboard:
. Pave, apply water three times daily, or apply (non-
toxic) soil stabilizers on all unpaved access roads,
parking areas and staging areas at construction sites;
. Sweep daily (with water sweepers) all paved access
roads, parking areas and staging areas at construction
sites;
. Sweep streets daily (with water sweepers) if visible soil
material is carried onto adjacent public streets:
. Hydroseed or apply (non-toxic) soil stabilizers to
inactive construction areas (previously graded areas
inactive for ten days or more):
. Enclose, cover, water twice daily or apply (non-toxic)
soil binders to exposed stockpiles (dirt, sand, etc.);
. Limit traffic speeds on unpaved roads to 15 mph:
. Install sandbags or other erosion control measures to
prevent silt runoff to public roadways; ,
. Replant vegetation in disturbed areas as quickly. as
possible:
. Install wheel washers for all existing trucks, or wash off
the tires or tracks of all trucks and equipment leaving
the site;
. Install wind breaks, or plant trees/vegetative wind
breaks at windward siders) of construction areas;
. Suspend excavation and grading activity when winds
(instantaneous gusts) exceed 25 miles per hour;
. Limit the area subject to excavation, grading and other
construction activity at anyone time.
.
.
27
The following language shall be included on any permits
issued for the sports park, subject to the review and approval
of the City of Gilroy Engineering Division. "All noise
generating construction activities shall be limited to weekdays
between 7:00 AM and 7:00 PM, and to Saturdays and City
holidays between 9:00 AM and 7:00 PM. No construction is
allowed on Sundays. In addition, temporary berms or noise
attenuation barriers shall be utilized when necessary."
29
Due to the possibility that significant buried cultural resources
might be found during construction the following language
shall be included any permits issued for the project site,
including, but not limited to building permits for future
development, subject to the review and approval of the Gilroy
Planning Division:
If archaeological resources or human remains
are discovered during construction, work shall
be halted at a minimum of 200 feet from the
find and the' area shall be staked off. The
project developer shall notify a qualified
professional archaeologist. If the find is
determined to be significant, appropriate
mitigation measures shall be formulated and
implemented.
30
In the event of an accidental discovery or recognition of any
human remains in any location other than a dedicated
cemetery, the City shall ensure that this language is included
in all permits in accordance with CEQA Guidelines section
15064.5(e):
If human remains are found during construction there
shall be no further excavation or disturbance of the site
or any nearby area reasonably suspected to overlie
adjacent human remains until the coroner of Santa
Clara County is contacted to determine that no
investigation of the cause of death is required. If the
coroner determines the remains to be Native American
the coroner shall contact the Native American
Heritage Commission within 24 hours, The Native
American Heritage Commission shall identify the
person or persons it believes to be the most likely
descendent from the deceased Native American. The
most likely descendent may then make
recommendations to the landowner or the person
responsible for the excavation work, for means of
treating or disposing of, with appropriate dignity, the
human remains and associated grave goods as
orovided in Public Resources Code Section 5097,98.
Gilroy Sports Park Mitigation Monitoring Program
City of Gilroy
City of Gilroy
City of Gilroy
City of Gilroy
Engineering
Division
City of Gilroy
Planning
Division
City of Gilroy
Planning
Division
7
.
.
The landowner or his authorized representative shall
rebury the Native American human remains and
associated grave goods with appropriate dignity on
the property in a location not subject to further
disturbance if: a) the Native American Heritage
Commission is unable to identify a most likely
descendent or the most likely descendent failed to
make a recommendation within 24 hours after being
notified by the commission; b) the descendent
identified fails to make a recommendation; or c) the ,
landowner or his authorized representative rejects the
recommendation of the descendent, and the mediation
by the Native American Heritage Commission fails to I
provide measures acceotable to the landowner.
The following mitigation measures shall be implernented prior to issuance of a' grading
permit (this may be re uired at each hase for miti ation measures 2, 3 and 28):
28
1
The City shall have a hydrology report prepared for the project
by a qualified hydrologist or engineer, to address hydrology-
related design requirements for the site and buildings, subject
to the review and approval of the City of Gilroy Engineering
Division and SCVWD prior to issuance of a grading permit.
All grading, design or other recommendations of this report
shall be incorporated into project plans.
2
The City shall, for each phase of the project, submit a Notice of
Intent (NOI) and detailed engineering designs to the Central
Coast RWQCB. This permit shall require development and
implementation of a SWPPP that uses storm water "Best
Management Practices" to control runoff, erosion and
sedimentation from the site. The SWPPP must include Best
Management Practices that address source reduction and, if
necessary, shall include practices that require treatment. The
SWPPP shall be submitted to the City of Gilroy Engineering
Division for review and approval prior to approval of a
adin ermit for each hase of the ro'ect.
3
The City shall submit plans for review by, and obtain an
approved permit from the Santa Clara Valley Water District
(SCVWD) prior to approval of a grading permit for each phase
of the ro'eet.
The City shall contract with a qualified archaeologist to
arrange a schedule for monitoring during grading and
excavation activities due to the project site's creek-side location
and roximi to recorded historic and rehistoric sites.
Gilroy Sports Park Mitigation Monitoring Program
City of Gilroy
City of Gilroy
Engineering
Division and
SCVWD
City of Gilroy
City of Gilroy
Engineering
Division and
RWQCB
City of Gilroy
SCVWD
City of Gilroy
City of Gilroy
Planning
Division
8
.
.
The following mitigation measure shall be implemented from 45 to 20 days prior to
commencing grading activities:
c ,Miti~:
>:.},."'bt"4'
':gation . ,
Measure,
Ntm\.ti~r c
11
Subject to the review of the City of Gilroy Planning Division,
no earlier than 45 days and no later than 20 days prior to
commencement of grading or construction on or adjacent to
the slope of the levee, field surveys shall be conducted at least
four consecutive evenings by a qualified biologist to determine
if burrowing owls are present in the construction zone or
within 250 feet of the construction zone. These surveys shall
be required only if any construction would occur during the
nesting and/ or breeding season of burrowing owls potentially
nesting in the area (February 1 through August 31) and/or
during the winter residency period (December 1 and January
31). Pre-construction survey results shall be submitted to the
California Department of Fish and Game for review and
approval. If active nests are found in within the survey area, a
burrowing owl habitat mitigation plan shall be submitted to
the California Department of Fish and Game for review and
approval. The burrowing owl habitat mitigation plan shall
contain mitigation measures contained in the California
Department of Fish and Game Staff Report on Burrowing Owl
Mitigation (California Department of Fish and Game 1995).
Compliance with this mitigation measure may include, but not
be limited to, the following:
City of Gilroy
City of Gilroy
Planning
Division
. A voidance of occupied burrows during the nesting
season (February 1 through August 31);
. Acquisition, protection and funding for long-term
management and monitoring of foraging habitat
adjacent to occupied habitat;
. Enhancement of existing burrows and/ or creation of
new burrows;
. Passive relocation of burrowin owls.
Gilroy Sports Park Mitigation Monitoring Program
9
.
.
The following mitigation measure shall be implemented from 45 to 20 days prior to any
clearing, grading construction in or adjacent to riparian habitat:
,.../~.. "-'-'-.""--.'
at ifiti
13
Subject to the review of the City of Gilroy Planning Division,
no earlier than 45 days and no later than 20 days prior to
commencement of clearing, grading or construction in or
adjacent to any riparian habitat, a field survey shall be
conducted by a qualified biologist to determine if active raptor
nests are present in the construction zone or within 250 feet of
the construction zone. These surveys shall be required only if
any construction would occur during the nesting and/ or
breeding season of raptors potentially nesting in the areas
proposed for development (generally March 1 through August
1). If active nests are found within the survey area, at the
discretion of the biologist, clearing and construction within 250
feet shall be postponed or halted until the nests are vacated
and juveniles have fledged and there is no evidence of a
second altern tat nestin .
City of Gilroy
City of Gilroy
Planning
Division
The following mitigation measure shall be implernented prior to removal of any
significant tree(s):
5
Prior to the removal of any significant tree(s), a field survey
shall be conducted by a certified arborist to determine the
nwnber and location of each significant tree to be removed, the
type and approximate size of each significant tree, and the
reason for removal. These findings shall be included in a
written report that contains specifications for replacing
significant trees to be removed. The written report shall be
prepared prior to the commencement of grading activities that
take place along the north side of Thomas Road-Luchessa
A venue, along the north side of Mesa Road, and through the
riparian habitat leading to and from the proposed pedestrian
bridge, subject to approval by the City of Gilroy Planning
Division.
Gilray Sports Park Mitigation Monitoring Program
City of Gilroy
City of Gilroy
Planning
Division
10
.
.
The following mitigation measures shall be implemented prior to commencement of
construction activities (Additional mitigation measures also apply to particular
phases of construction):
'j;l~ifi;';;
;;,gall
;I~~~b;;i;',;
16
17
6
Prior to the commencement of construction activities, the
protected zone (one to 1.5 times the distance from the trunkto
the dripline, depending on the tree species) of any trees or
groups of trees to be retained shall be fenced to prevent injury
to the trees during construction. Soil compaction, parking of
vehicles or heavy equipment, stockpiling of construction
materials, and/ or dumping of materials shall not be allowed
within the protected zone. The fencing shall remain in place
until all construction activities are complete. The trees or
groups of trees to be fenced shall be indicated in a written
report prepared subject to approval by the City of Gilroy
Planning Division.
12
Prior to commencement of construction activities, the city shall
arrange for a qualified biologist to inform workers of the
potential presence of the all special-status species, their
protected status, work boundaries, and measures to be
implemented to avoid loss of these species during construction
activities.
Prior to the commencement of construction activities, a plan
shall be prepared to allow a prompt and effective response to
any accidental spills, and all workers shall be informed of the
importance of preventing spills and of the appropriate
measures to take should a spill occur, subject to approval by
the City of Gilroy Engineering Division. This plan shall specify
that all staging areas and all fueling and maintenance of
vehicles and other equipment shall occur at least 100 feet from
the ri arian habitat and Uvas Creek. .
Prior to approval of construction plans, guidelines shall be
established for the prevention of contamination of the creek by
pesticides, herbicides, fungicides, and fertilizers from
maintenance of the athletic fields, subject to the review and
approval of the City of Gilroy Engineering Division. The
guidelines shall include a requirement for oil/ grease
separators to be installed in on-site storm drain systems and
swee in ro rams to be im lemented for arkin lots.
Gilroy Sports Park Mitigation Monitoring Program
City of Gilroy
City of Gilroy
Planning
Division
City of Gilroy
City of Gilroy
Planning
Division
City of Gilroy
City of Gilroy
Engineering
Division
City of Gilroy
City of Gilroy
Engineering
Division
11
.
.
The following mitigation measure shall be implemented prior to commencement of trail
construction activities:
I.
7
Prior to commencement of trail construction activities the City
of Gilroy Planning Division shall have a qualified biologist
prepare a Habitat l'vlitigation Plan for approval by the City of
Gilroy and the California Department of Fish and Game. The
Habitat l'vlitigation Plan shall identify the exact amount and
location of impacted and replacement habitat, and shall specify
the use of locally-obtained native riparian species, Any loss of
riparian woodland vegetation resulting from Uvas Creek trail
construction activities shall be mitigated on-site within the 50-
foot (minimum) habitat buffer at a minimum 3:1 replacement
ratio.
City of Gilroy
City of Gilroy
Planning
Division
The following mitigation measures shall be implemented prior to commencement of
bridge construction activities:
8
Prior to the commencement of bridge construction activities, a
Section 1603 Streambed Alteration Agreement shall be
obtained from the California Department of Fish and Game.
Compliance with this mitigation measure may include, but not
be limited to, the following:
. Bridge construction work shall be initiated and
completed during the summer and fall months when
this portion of the creek is dry, or at least has a very low
flow. Typically, no construction work shall be allowed
in the creek between October 15 and early June.
. From June to October 15, when construction is allowed,
if any water is flowing in the creek, the flow shall be
diverted into an open, gravel-lined bypass channel for
the duration of the bridge construction work.
Gilroy Sports Park Mitigation Monitoring Program
City of Gilroy
CA Dept. of
Fish and
Game
12
.
.
9 Prior to commencement of bridge construction activities the City of Gilroy U.s. Army
City shall contact the U.S, Army Corps of Engineers to Corps of
determine who has jurisdiction over the bridge construction Engineers
activities and if a permit is required for bridl!:e construction.
10 Prior to commencement of construction activities, siltation City of Gilroy City of Gilroy
fencing or hay bales shall be installed along portions of Uvas Engineering
Creek within 100 feet of construction and/or staging areas, or Division
other erosion control measures shall be implemented to
prevent sediment from filling the creek, subject to approval by
the City of Gilrov Encineering Division,
activities:
14
15
Subject to the review of the City of Gilroy Planning Division, a
qualified biologist shall monitor the project site during
construction activities within 100 feet of Uvas Creek. If
California red-legged frog, foothill yellow-legged frog, western
spadefoot toad, California tiger salamander, and/ or western
pond turtle turtles are observed at the site, construction
activities shall be halted and the USFWS shall be contacted for
further assistance.
All food-related trash items shall be enclosed in sealed
containers and regularly removed from the project area to
deter attraction of potential predators of the California red-
legged frog, foothill yellow-legged frog, western spadefoot
toad, California tiger salamander, and western pond turtle.
Pets shall not be allowed on the construction site. The proper
location of the trash containers shall be subject to the review
and approval of the City of Gilroy Commtmity Development
De artment.
Gilroy Sports Park Mitigation Monitoring Program
City of Gilroy
City of Gilroy
Planning
Division
City of Gilroy
City of Gilroy
Commtmity
Development
Department
13
.
.
The following rnitigation measures shall be implemented concurrent with
improvements to Monterey Frontage Road:
aiutei[jfc ""H[jIi
23
The City of Gilroy shall include a Class 1 path on the west side
or Class II bicycle lanes on both sides of Monterey Frontage
Road as a part of the design and construction of improvements
to Monterey Frontage Road'between Monterey Street and the
sports park access road. The path or bicycle lanes shall be
constructed at the same time as other planned improvements
to these roads are made, subject to the review and approval of
the Cit of Gilro En . eerin Division,
City of Gilroy
City of Gilroy
Engineering
Division
The following mitigation measures shall be implemented prior to completion of Phase
IV of the sports park:
20 Prior to completion of Phase IV of the proposed project the City of Gilroy City of Gilroy
City of Gilroy shall install a traffic signal at the intersection of Engineering
Monterey Street and Monterey Frontage Road. The minimum Division
lane configuration shall be:
. Southbound Approach - one left-turn lane, one through
lane, one shared through/ right-turn lane;
. Westbound Approach - one shared lane for all
movements;
. Northbound Approach - one left-turn lane, one through
lane, one shared through/right-turn lane;
. Eastbound Approach - one shared lane, one left-turn
lane for all movements.
Protected left-turn phasing shall be provided for the
northbound and southbound approach, while a single signal
phase shall be provided to serve the eastbound and westbound
approaches.
24 Prior to completion of Phase IV of the proposed project the City of Gilroy City of Gilroy
City of Gilroy shall construct a minimum 6-foot wide sidewalk Engineering
along the west side of Monterey Frontage Road and a Division
minimum lO-foot wide sidewalk along Monterey Street
between Thomas Road-Luchessa A venue and the sports park
access road.
Gilroy Sports Park Mitigation Monitoring Program
14
06/07/99 MON 09:~9 FAX 408 846 O~OO
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CITY OF GILROY
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Exhibit C
n. Findings of Unavoidable Significant Environmental Impact.
A. Agricultol'llll Considerations.
I. Losl or Prime Farmland
a) UlIlIVOidable SIplftCllllt ImJlllttl Dcve10pment of the sports perk would result
in the loss of78.4 acres of prime fUmlaDd, identified in !be Farmlond Mapping
and Monitoriog Program, over the 2O-year bulld-out oCthe proposed sports park.
Approval of the Urban Service Area amendment and development of parcels
adjacent to the sports park site oouId ultimately result in the loss oCthe remaining
54.8 aaes of designated faImland within the project site.
b) MItigation Measure: The establishmeilt of tile Gilroy Agricultural Lands Nea
by both 1he City of Qilroy and the COWlty of Santa Clara serves as a Iegional
mitigation for losses of prime farmland in southern Santa Clara COWl1:y outside
of the agriculturaI lands area. A11hough this regional mitigation has been
implmnented, it does not reduce the loss of prime fannland 10 a less than
sianillcant level and the proposed project would still be considered to have a
significant and unavoidable impact on prime fannland.
c) Finding: The mitigation measure does not avoid or substantially lessen the
impact 10 insignificaoce. There are no other recommended mitigation measures,
Specific economic, social, and other CQIIlIiderations maIce infeasible the project
alternatives as described below. .
d) Stol_..t af OvelTiding CanlideratiOll: The City Council hereby finds tho!
because of the economic, social, and other considerations, the benefits of the
project outweigh the unavoidable loss of prime agricultwaI land. First, the
proposed project will create a valuable and unique tecreationalfpark nlSOurce not
currently available 10 the public. Second, the proposed project will enable the
City 10 further develop ~ tilciIities planned for in accordance with
the City's General Plan. Third, the project site is in an area where municipal
Sen1ces are immediately available. Fourth, the development of the projeol site
will contribute to the City's job base. Fifth, the development of the project site
will contribute 10 the City's tax base. Finally. the addition of the project is
Contiguous to existing urban developed lands within the City and represents a
consistent and logical e>l:pansion.
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Exhibit D
Alternatives to the Project
1. Alternative #1 ("No Proiect" Alternative)
a. Description. The no project alternative consists ofleaving the site in its
existing, generally undeveloped condition.
b. Comparison to Proposed Project. This alternative would result in a
significant decrease in project impacts with regard to agricultural concerns,
hydrology, transportation/circulation, public services, air quality, noise,
archeological resources, and aesthetics. There would no geologic impacts under
this alternative. The beneficial impact to biological resources included in the
Proposed Project, namely an increase in the size of the already existing wildlife
corridor, however, would not occur under this alternative.
c. Finding. This alternative is enviromnentally superior to the Proposed
Project, since it avoids the majority of impacts ofthe project. However, the No
Project alternative is infeasible and thus rejected because it does not achieve the
project objectives of providing the community with additional athletic fields,
parkland, commercial indoor recreation facilities and a community hall, and does
not bring any new jobs or revenues to the City,
2. Alternative #2 (Alternative Location A) Santa Teresa Blvd.. at State Hwv. 152
a, Description. The Alternative 2 site is comprised of five parcels totaling
approximately 120 acres, located south of State Highway 152 and to the west of
Santa Teresa Boulevard in western Gilroy, The site is bounded by Santa Teresa
Boulevard on the east, State Highway 152 on the north, and private property on the
west and south. Approximately one third ofthis total is located within the Uvas
Creek channel or on the opposite side of the creek from the rest of the site, so the
total usable area from a practical standpoint is approximately 80 acres. Uvas Creek
flows from west to east through the southern third of the site.
b. Comparison to Proposed Project. Most of the usable land on the site is in
agricultural production with row crops and tree crops. This alternative would
result in approximately 50 fewer acres of prime farmland converted to non-
agricultural use. However, there would be a significant traffic impact under this
alternative to two intersections within the city due to Alternative 2 access
constraints. Mitigation ofthe traffic impact would be difficult, All other impacts
would not change with this alternative.
c. Finding. This alternative is infeasible and rejected because the Proposed
Project offers superior vehicle access and minimizes traffic impacts on city
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streets. In addition, the city already owns the Proposed Project site to be used for
the sports complex. The city does not have control of, but would have to obtain
control of the Alternative 2 site in order to proceed under this alternative~making
it infeasible economically for the Project
3. Alternative #3 (Alternative Location B) Santa Teresa Blvd.. and Miller Ave.
a. Description. The Alternative 3 site is comprised of five parcels totaling
approximately 97 acres, located between Miller Avenue and Santa Teresa
Boulevard in western Gilroy. The site is bounded by Santa Teresa Boulevard on
the southwest, private land on the southeast, Miller Avenue on the east, and city-
owned and private land on the north.
b, Comparison to Proposed Project. Most of the land on the Alternative 3
site has been in agricultural production with field crops and tree crops, but the site
is not currently in agricultural use. Nonetheless, this alternative would result in
approximately 50 fewer acres of prime farmland converted to non-agricultural
use. This alternative would likely result in traffic impacts to intersections along
Uvas Park Drive, Tenth Street, and Miller Avenue, All other impacts would not
change with this alternative.
c, Finding. This alternative is enviromnentally superior to the Proposed
Project. However, this alternative is infeasible and rejected because the Proposed
Project offers superior vehicle access and minimizes traffic circulation and
impacts on city streets. Additionally, the city already owns the Proposed Project
site to be used for the sports complex. The city does not have control of, but
would have to obtain control of the Alternative 3 site in order to proceed under
this alternative,making it infeasible economically for the Project.
4. Alternative #4 (Alternative Location C) Monterev Road at Bolsa Road
a. Description. The Alternative 4 site is comprised of three parcels totaling
approximately 103 acres, located north and east of Monterey Road and Bolsa
Road.in southern Gilroy. The site is bounded by Monterey Road on the
southwest, Bolsa Road on the south, Carnadero Avenue on the southeast, the
Umon Pacific Railroad on the northeast and private property on the northwest.
The Alternative 4 site is in agricultural production with field crops and row crops.
The land to the west, south, and east is undeveloped. The land to the north is
commercial industrial.
b. Comparison to Proposed Project. This alternative would result in
approximately 30 fewer acres of prime farmland converted to non-agricultural
use. There would be no significant enviromnental impacts on biological resources
under this alternative because the site is presently entirely agricultural and thus
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supports no biological resources. All other impacts would not change with this
alternative.
c. Finding. This alternative is infeasible and rejected because it is not
enviromnentally superior to the Proposed Project. The impact to agricultural land
resulting from this alternative, despite the conversion of fewer acres to non-
agricultural use, is considered equal to the impact from the Proposed Project
because of the extensive area of prime farmland within which Alternative 4 is
located. Contiguous areas of farmland are considered to have greater value as
farmland than noncontiguous areas. Additionally, the city already owns the
Proposed Project site to be used for the sports complex. The city does not have
control of, but would have to obtain control of the Alternative 4 site in order to
proceed under this alternative,making it infeasible economically for the Project.
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 99-44 is an original resolution, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 7th day of June, 1999, 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 15th day ofJune, 1999.
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City Clerk ofthe-City of Gilroy
(Seal)