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Resolution 2001-65 RESOLUTION NO. 2001-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY MAKING CERTAIN FINDINGS CONCERNING IMPACTS AND MITIGATION MEASURES, IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE ALAMO PLAZA EXPANSION PROJECT FOR WHICH AN ENVIRONMENTAL IMPACT REPORT HAS BEEN PREPARED. WHEREAS, the City Council ofthe City of Gilroy ("City") intends to approve Planned Unit Development application AlS 01-02 for construction of an approximately 13,000 square foot commercial building in the Alamo Plaza Shopping Center; and WHEREAS, on September 6, 2001 the Planning Commission of the City held took comments on the Environmental Impact Report ("EIR") for the Alamo Plaza Expansion Project ("Project") and on the Project, after which the Commission voted to recommend that the City Council certify the document as having been completed in compliance with the requirements of the California Environmental Quality Act of 1970, as amended, ("CEQA"); and WHEREAS, the City Council ofthe City is the decision-making body for this Planned Unit Development Architectural and Site review; and WHEREAS, CEQA requires that in connection with the approval of a project for which an EIR identifies one or more significant environmental effects, the decision-making agency must make certain findings regarding those effects; NOW, THEREFORE, BE IT RESOLVED: THAT THE CITY COUNCIL does hereby find that the Final EIR ("FEIR") has been presented to it, that it has independently reviewed and analyzed the FEIR and other information in the record and has considered the information contained therein, including the written and oral comments received at the public hearings on the FEIR and on the Project, prior to acting upon or ICDS\529458.1 01-092104706002 -1- RESOLUTION NO. 2001-65 approving the Project, and has found that the FEIR represents the independent judgment and analysis of the City as Lead Agency for the Project, and designates the City Clerk at her office at 7351 Rosanna Street, Gilroy, CA 95020, as the custodian of documents and records of proceedings on which this decision is based; and THAT THE CITY COUNCIL does hereby find that the FEIR has been completed in compliance with CEQA; and THAT THE CITY COUNCIL does hereby make the following findings, attached hereto as Exhibit A and incorporated herein by this reference, with respect to the potential significant effects on the environment of the Project and alternatives to the Project, as identified in the FEIR, PASSED AND ADOPTED this 1st day of October, 2001, by the following vote: NOES: COUCILMEMBERS: G_ ARELLANO, P. ARELLANO, MORALES, PINHEIRO, SUDOL, VELASCO and SPRINGER NONE AYES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE ATTE~/ (" i. /] ~--j[;;fut2~~~- Rhonda'Fellin, City Clerk APPROVED: --n~~ Thomas W. Springer, May r ICDS15294581 01-092104706002 -2- RESOLUTION NO. 2001-65 EXHIBIT A 1 Alamo Plaza Expansion CEQA Findings Findings-Environmental Impacts The proposed project would result in the following significant or potentially significant environmental impacts. One or more mitigation measures, designed to reduce the impact to a less than significant level, follows each impact statement. A finding that the rnitigation measure is feasible follows each rnitigation measure, or set of mitigation measures. Potentially Significant Impact - Scenic Vistas and Scenic Resources U,S. Highway 101 in the vicinity of the project site is not designated by Caltrans as a State Scenic Highway. The project site is in a scenic corridor as designated in the Gilroy General Plan. The proposed project would place a large building immediately adjacent U.S. Highway 101. Therefore, the proposed project would have a potentially significant impact on views from U.S. Highway 101. Implementation of the following mitigation measures would reduce this impact to a less than significant level. Mitigation Measure 1, The project proponent shall prepare a landscape plan for the proposed project, consistent with the provisions of the Consolidated Landscape Policy, to include a row of shrubs or trees along the western edge of the project site that can be expected to reach a mature height of 15 to 20 feet, planted at least 20 feet on center. The landscape plan shall be submitted, subject to review and approval by the Planning Division, and prior to approval of the site plan. Finding of Fact The City Council hereby fmds that requiring the project proponent to prepare, and implement, a landscape plan consistent with the provisions of the City's Consolidated Landscape Policy and consistent with the specifications set forth in the EIR, is a feasible mitigation measure and it, therefore, adopted. EXHIBIT A 2 Alamo Plaza Expansion Environmental Findings Significant Impact: Lack of Transit, Pedestrian and Bicycle Facilities The proposed project does not include accommodations for transit users, pedestrians or bicyclists. The lack of these facilities is inconsistent with Gilroy General Plan Transportation/ Circulation Policy 51. This is considered a significant environmental impact. Implementation of the following mitigation measure would reduce this impact to a less than significant level. Mitigation Measure 2, Subject to the review and approval of the Planning Division, project plans shall include the following improvements, to be implemented prior to occupancy of the proposed project: . A sidewalk compliant with the Americans with Disabilities Act, directly connecting the proposed buildings with San Ysidro Avenue, the adjoining building at Alamo Plaza and the adjoining outlet center. It is suggested that the sidewalk connecting to the existing Alamo Plaza buildings be located within the second parking row from the western property boundary to connect to the handicap parking spaces near the existing building; . A minimum of two employee bicycle lockers; . A rninimum of three bicycle racks on the apron in front of the proposed buildings, at least two of which shall be located to the front of the proposed buildings. Bicycle lockers and racks shall be consistent with the Santa Clara VT A Bicycle Technical Guidelines. Finding of Fact The City Council hereby fmds that requiring the project proponent to implement Mitigation Measure 2, which includes pedestrian and bicycle facilities consistent with General Plan transportation/circulation policy 51 and the Santa Clara Valley Transportation Authority Bicycle Technical Guidelines, is a feasible rnitigation measure and is, therefore, adopted. Potentially Significant Impact - Project Construction PMIO can cause respiratory ailments if breathed into the body. Large construction projects involving grading and other earth movement can generate significant quantities of PMIO. Projects involving large amounts of earth movement near sensitive receptors such as residences can have a potentially significant health impact on the environment. The project site is located approximately 300 feet from a single-family residence. This sensitive receptor, as well as consumers visiting the nearby commercial/retail centers could be affected by emissions from construction equipment, as well as the generation of EXHIBIT A 3 Alamo Plaza Expansion Environmental Findings significant quantities ofPMlO during site preparation activities. This is considered a potentially significant environmental impact. The Bay Area Air Quality Management District's approach to CEQA analyses of construction impacts is to emphasize implementation of effective and comprehensive control measures rather than detailed quantification of emissions. Therefore, implementation of the following mitigation measure would reduce this potentially significant impact to a less than significant level. Mitigation Measure 3, The project proponent shall specify in project plans the implementation of the following dust control measures during grading and construction activities for the proposed project. The measures shall be implemented as necessary to adequately control dust: . 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; and . Replant vegetation in disturbed areas as quickly as possible. Finding of Fact The City Council hereby finds that requiring the project proponent to identify and implement dust control measures during grading and construction activities, in accordance with the guidelines set forth by the Bay Area Air Quality Management District, is a feasible mitigation measure and is, therefore, adopted. EXHIBIT A 4 Alamo Plaza Expansion Environmental Findings Potentially Significant Impact - Cultural Resources The project site is not located in an area of high archaeological sensitivity according to the City of Gilroy Archaeological Sensitivity Map. However, there is always the possibility that unknown archaeologically-significant resources could be accidentally discovered during grading activities. Implementation of the following standard conditions of approval will ensure the potential impact is less than significant. Mitigation Measures 4. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included on 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. 5. 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 (MLD) from the deceased Native American. The MLD 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 provided in Public Resources Code Section 5097.98. 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 EXHIBIT A 5 Alamo Plaza Expansion Environmental Findings American Heritage Commission is unable to identifY a MLD or the MLD 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 Comrnission fails to provide measures acceptable to the landowner. Finding of Fact The City Council hereby finds that requiring the project proponent to incorporate the language identified in Mitigation Measures 4 and 5 to protect potentially significant cultural resources should they be accidentally discovered during grading and construction activities, is a feasible mitigation measure and is, therefore, adopted. Potentially Significant Impact - Construction Noise Noise from localized point sources (such as construction sites) typically decreases by about six dBA with each doubling of distance from the source to the receptor. Given this noise attenuation rate, outdoor receptors within approximately 2,000 feet of construction sites could experience maximum instantaneous noise levels of greater than 60 dBA Leq when onsite construction-related noise levels exceed 91 dBA Lcqat the project site boundary. There is one single-family residence located approximately 300 feet from the project site. This sensitive receptor would be primarily affected by the short-term affects of construction noise at the project site, Implementation of the following standard condition of approval would reduce this impact to a less than significant level. Mitigation Measure 6. The following language shall be included on all permits issued at the project site, subject to review and approval of the City of Gilroy Engineering Division. "All construction activities shall be limited to the 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." Finding of Fact The City Council hereby fmds that limiting the hours of construction activity as specified in Mitigation Measure #6, is a feasible rnitigation measure and is, therefore, adopted. EXHIBIT A 6 Alamo Plaza Expansion Environmental Findings Potentially Significant Cumulative Impacts The proposed project would result in cumulative impacts in the following areas: traffic and circulation, police protection, fire prevention, parks and recreation, and schools. The payment of the City traffic impacts fee, public safety impact fees, parks and recreation impact fees, and the school impact fee would reduce these cumulative impacts to a less than significant level. No additional mitigation measures are necessary. Finding of Fact The City Council hereby finds that the payment of impact fees as specified in the EIR, and routinely required by the City and the Gilroy Unified School District, would reduce the identified cumulative impacts to a less than significant level and no additional mitigation measures would be necessary. Find i ngs-Alternatives CEQA requires the evaluation of alternatives that would reduce the environmental impacts of the project, within a Draft EIR. The Draft EIR evaluated three alternatives: the No Project Alternative, the General Retail Uses Only Alternative, and the Alternative Location-Highway 152 Retail Center. Because the proposed project is consistent with the General Plan and would not result in significant adverse unavoidable impacts, the proposed project could have qualified for a mitigated negative declaration. The General Retail Uses Only Alternative, and the Alternative Location-Highway 152 Retail Center evaluated in the EIR would have impacts similar to those of the proposed project. There are no clear environmental advantages to choosing one project, or project site, over the other. Finding of Fact The City Council hereby finds that the No Project Alternative is infeasible because it does not meet the objectives of the proposed project, which is consistent with the General Plan. Finding of Fact The City Council hereby finds that although the General Retail Uses Only Alternative, and the Alternative Location-Highway 152 Retail Center evaluated in the EIR may be feasible, they would not result in a reduction of the environmental impacts that would be associated with the proposed project. ~ I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2001-65 is an original resolution, duly adopted by the Council ofthe City of Gilroy at a regular meeting of said Council held on the 1st day of October, 2001, 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 lIth day of October, 2001. (Seal)