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
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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
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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)