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Resolution 2002-17 RESOLUTION NO. 2002-17 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 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 AND SUBSEQUENT ENVIRONMENTAL IMPACT REPORT HAVE BEEN PREPARED, AND ADOPTING MITIGATION MEASURES AND STATEMENTS OF OVERRIDING CONSIDERATION AND APPROVING A MITIGATION AND MONITORING PROGRAM FOR THE PROJECT WHEREAS, the City of Gilroy initiated an Urban Service Area expansion application USA 98-03 to incorporate 133.2 acres ofland into Gilroy's Urban Service Area ("Project"), and WHEREAS, the California Environmental Quality Act of 1970, as amended, ("CEQA") requires that, in the approval of a project for which an Environmental hnpact Report ("EIR") has been prepared, the decision-making body shall review the EIR and make certain findings regarding the significant effects on the environment identified in the EIR; and WHEREAS, the Project was the subject of a Final EIR entitled "Gilroy Sports Park and Urban Service Area Amendment (USA 98-03) Draft Environmental hnpact Report" and "Gilroy Sports Park and Urban Service Area Amendment (USA 98-()3) Final Environmental Impact Report Addendum" (together, "1999 EIR") prepared by the City of Gilroy as the lead agency in compliance with the requirements of CEQA; and WHEREAS, the 1999 EIR was recommended for certification by the City of Gilroy Planning Commission on May 6, 1999; and INVHI546343.1 01-031202-04706002 -1- RESOLUTION NO. 2002-17 WHEREAS, the City Council on May 17, 1999, certified that as the decision-making body, it reviewed and considered the information contained in the 1999 EIR, and other information in the record, prior to acting upon or approving the Project, and found that the 1999 EIR 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 City determined to prepare a Subsequent Final EIR ("SEIR") to reflect a proposed General Plan land use designation change of certain Project land from open space use to residential and commercial uses; and RESOLUTION NO. 2002-t7 WHEREAS, on March 8, 2002, the Planning Commission of the City held a hearing on the SEIR for the Project at which hearing the Planning Commission voted to recommend that the City Council certify the document as having been completed in compliance with the requirements of CEQA; and WHEREAS, CEQA requires that in connection with the approval of a project for which an EIR identifies one or more significant enyironmental effects, the decision-making agency must make certain findings regarding those effects; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this Project approyal is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Council does hereby find that the SEIR has been presented to it, that it has independently reviewed and analyzed the SEIR and other information in the record and has considered the information contained therein, including the written and oral comments INVH\546343.1 01-lJ31202.04706002 -2- received at the public hearing on the SEIR and on the Project, prior to acting upon or approving the Project, and has fonnd that the SEIR 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 the documents and records of proceedings on which this decision is based; and 2. That the City Conncil does hereby find that the SEIR has been completed in compliance with CEQA; and 3. That the City Conncil does hereby make the findings with respect to the potentially significant and significant effects on the environment of the Project and Project alternatives as identified in the SEIR, attached hereto as Exhibit A(I) and incorporated by this reference. 4. That the City Conncil does hereby adopt the mitigation measures as set forth in the SEIR, and the Mitigation and Monitoring Program as set forth in the SEIR, attached hereto as Exhibit B and incorporated herein by this reference. 5. That the City Conncil does hereby, after review of the entire administrative record, including the SEIR, 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 nnavoidable environmental effects that were deemed significant and that cannot be completely mitigated to a level of significance as set forth in Exhibit A(II) regarding agricultural considerations, potential loss of prime farmland through growth-inducement on adjacent parcels, long-term and short-term noise from Gilroy Sports Park activities, exterior traffic noise at residential areas along Monterey Street, and exterior traffic noise at residential areas along West Luchessa Avenue. The City Council adopts and makes a RESOLUTION NO. 2002-t7 \NVH\546343.1 01-1l31202.04706002 -3- Statement of Overriding Consideration regarding the significant unavoidable impacts of the Project, finding that each of the benefits set forth in the Statement, attached hereto as Exhibit A(II), 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 environmental impact. 6. That the City Council does hereby reject the Alternatives to the Project described in the SEIR for the reasons set forth in Exhibit C, attached hereto and incorporated herein by this reference. PASSED AND ADOPTED this 18th day of March, 2002, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO, and SPRINGER NONE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE APPROVED: ATTEST: / , ; -' " \....../1 Rhonda '1A'v~ ellin, City Clerk INVH\546343.1 01.JJ31202.JJ4706002 -4- RESOLUTION NO. 2002-17 546868/NVH Gilroy Urban Service Aree Amendment 98-03 Subsequent EIR CEQA Findings 1 Exhibit A I. Findings of Potentially Significant, and Significant, Environmental Impact A. Aesthetics 1. Nighttime Lighting a) Potentially Significant Impact: The proposed project would place residences near the planned athletic field lights of the approved Gilroy Sports Park. Several of the planned lights are within 400 to 500 feet of, and aimed towards, the nearest homes. These field lights would be directly visible from the windows of these homes. This would be a significant adverse impact resulting from light or glare that could effect residents in these homes. b) Mitigation Measure (1): Subject to the review and approval of the City of Gilroy Planning Division, prior to approval of a tentative subdivision map, the applicant for residential development on the parcels north of the Gilroy Sports Park site shall provide a landscape plan that is consistent with the Gilroy Consolidated Landscape Policy, and includes a double row of trees along the Gilroy Sports Park boundary, utilizing tree species that will attain a crown between 30 and 50 feet above street level. One row of trees may be planted on the Gilroy Sports Park side of the shared property boundary. The plantings shall be a minimum size of 24-inch boxed specimens and shall be planted prior to occupancy of the houses located within 100 feet of the Gilroy Sports Park. c) Finding: Implementation ofthe above mitigation measure will reduce this potentially significant impact to a less than significant level. B. Air Quality 1. Construction Emissions a) Potentially Significant Impact: The proposed project is located close to residential areas. Lack of feasible construction dust control measures could result in a significant adverse air quality impact due to construction activities. b) Mitigation Measure (2): The following dust control measures shall be incorporated into all permits for any phase of proposed construction on the project site. The measures shall be implemented as necessary to adequately control dust subject to the review and approval of the City of Gilroy Planning Division. The following measures shall be implemented at all construction sites: . Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; Fmdings of Signlfiunt Environmental Impact (USA 98-03) . 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 streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. Thefollowing additional measures shall be implemented at construction sites greater than four acres in area: . 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. Subject to determination by the Gilroy Planning Division the following measures shall be implemented at construction sites that are very large or are located near sensitive receptors: . 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 side(s) 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. c) Finding: Implementation of the above mitigation measure would reduce this potentially significant impact to a less than significant level. c. Biological Resources 1. Invasive Plant Species b) Mitigation Measure (4): 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 ]i'inding.s of Significant Environmental bnpact (USA 98-03) a) Potentially Significant Impact: The existing riparian habitat along Uvas Creek and the planned habitat buffer are sensitive areas that could be affected by the presence of non-native, invasive plant species. Any deterioration of habitat quality caused by the introduction of non-native, invasive plant species into the riparian habitat and/or buffer would be a potentially significant impact. Landscaped streetscape areas shown in the conceptual residential plan would adjoin the Uvas Creek riparian corridor and could result in the introduction of non-native, invasive plant species. This is considered a potentially significant adverse environmental impact. b) Mitigation Measure (3): A landscape plan consistent with the Gilroy Consolidated Landscape Policy shall be prepared for common and street side planting areas abutting the Uvas Creek habitat corridor, subject to the review and approval of the City of Gilroy Planning Division. The landscape plan shall include appropriate locally obtained native plant species and shall not include plantings of non-native, invasive plant species. Native grasses or other native species shall be preferred in the areas adjacent to the Uvas Creek levee to provide additional native habitat in association with the Uvas Creek habitat corridor. c) Finding: Implementation of the above mitigation measure will reduce this potentially significant impact to a less than significant level. 2. Loss of Potential Active Raptor Nesting Habitat a) Potentially Significant Impact: The riparian woodland habitat found along Uvas Creek contains potential nesting habitat for raptors, including white- tailed kite, northern harrier, Cooper's hawk, and short-eared owl, which are protected by the CDFG. Should active raptor nests occur in the area proposed for development (i.e., trail and bridge construction through the riparian corridor), any construction and site preparation activities within or immediately adjacent to nest habitat, if conducted during the nesting season, could result in the direct loss of nests, including eggs and young, or the abandonment of an active nest by the adults. Depending on the number and extent of raptor nests on the site that may be disturbed or removed, the loss of active raptor nests would be a potentially significant impact. . Avoidance of occupied burrows during the nesting season (February I through August 31); }findings of Significant Environmental Impact (USA 98-03) postponed or halted until the nests are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting. Mitigation Measure (6): Prior to commencement of construction activities, the applicant 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. c) Finding: Implementation of the mitigation measures presented above will reduce this impact to a less than significant level. 3. Loss of Potential Active Burrowing Owl Nesting Habitat a) Potentially Significant Impact: Potential burrowing owl habitat exists along the slope of the levee in the northwest comer of the project site. Residential development, trail connections and landscaping would occur on and near the levee. Should active burrowing owl nests occur along the slope of the levee, any construction and site preparation activities within or immediately adjacent to nest habitat, if conducted during the nesting season, could resuh in the direct loss of nests, including eggs and young, or the abandonment of an active nest by the adults. Depending on the number and extent of burrowing owl nests on the site that may be disturbed or removed, the loss of active burrowing owl nests would be a potentially significant impact. b) Mitigation Measure (5): 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 I and January 31). Pre-construction survey results shall be submitted to the California Department ofFish and Game for review and approval. If active nests are found within the survey area, a burrowing owl habitat mitigation plan shall be submitted to the California Department ofFish and Game for review and approval. The burrowing owl habitat mitigation plan shall contain mitigation measures contained in the California Department ofFish and Game Staff Report on Burrowing Owl Mitigation (California Department ofFish and Game 1995). Compliance with this mitigation measure may include, but not be limited to, the following: . Acquisition, protection and funding for long-term management and monitoring of foraging habitat adjacent to occupied habitat; Fmdings of Significant Environmental Impact (USA 98-03) . Enhancement of existing burrows and/or creation of new burrows; . Passive relocation of burrowing owls. c) Finding: Implementation of the mitigation measure presented above, as well as mitigation measure (6) presented above, will reduce this impact to a less than significant level. 4. Loss of Potential Riparian Special-Statns Species-Construction Activities. a) Potentially Significant Impact: Several special-status species may potentially occur in Uvas Creek and in the riparian habitat adjacent to Uvas Creek. Any adverse effects on these special-status species, if present, resulting from construction activities associated with the residential area adjacent to the riparian habitat would be a significant impact. b) Mitigation Measure (7): 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 Community Development Department. c) Finding: Implementation of the mitigation measure presented above, as well as mitigation measure (6) presented above, will reduce this impact to a less than significant level. 5. Effects of Nighttime Lighting on Wildlife a) Potentially Significant Impact: Nighttime lighting of roads adjacent to Uvas Creek in the proposed residential area could spill over into the riparian woodland habitat and could potentially disturb wildlife species occurring in the riparian habitat, restrict the movement or activity of wildlife species in the riparian habitat, or facilitate increased predation of wildlife species, which could potentially include special-status species. Restricted movement of wildlife species and increased predation of special-status species occurring as a result of increased levels of nighttime light would be a potentially significant impact. b) Mitigation Measure (8): Subject to the review and approval of the City of Gilroy Planning Division, luminaires in the proposed residential area shall be limited in height to 20 feet and shall be of a full cutoff design to reduce light spillage to adjacent areas. Luminaires located along a street adjacent to the Uvas Creek levee shall be located to the east side of the street. Findings of Significant Environmental Impact (USA 98-03) c) Finding: Implementation of the mitigation measure presented above will reduce this impact to a less than significant level. D. Cultural Resources 1. Potentially Historic Resources a) Potentially Significant Impact: Background research and a field reconnaissance conducted by Archaeological Resource Management in December 1999 indicates that the project site contains four potentially historic houses. These houses are likely to be removed to accommodate future development on the project site. The houses may also have significant buried historic resonrces associated with them. Loss or disturbance of these houses and any associated historic resources is a potentially significant impact. b) Mitigation Measure (9): Prior to removal of any of the potentially historic houses on the project site an historical evaluation shall be completed. The historic evaluation shall include an architectural description of the structure, an historic background for the property and the completion of an appropriate State Department of Parks and Recreation form with photographic documentation. c) Finding: Implementation of the mitigation measure presented above will reduce this impact to a less than significant level. 2. Potentially Buried Cultural Resources a) Potentially Significant Impact: Background research and a field reconnaissance conducted by Archaeological Resource Management indicates that the project area may contain buried and unknown significant cultural resources. The Santa Clara Valley is known to be rich in buried prehistoric resources, especially the alluvial soils found near waterways. Therefore, due to the proposed project's location in a creek-side environment and the presence of a recorded historic resource directly adjacent to the trail extension, there is an elevated chance that currently unidentified buried cultural resources may be found during construction on the project site. Disturbance of prehistoric or historic cultural resources would be considered a significant impact. b) Mitigation Measure (10). The developers for any portion of the project site 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 proximity to recorded historic and prehistoric sites. 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 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 Commission fails to provide measures acceptable to the landowner. Findinl!;s of Significant Environmental Impact (USA 98-03) Mitigation Measnre (11): 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. Mitigation Measure (12): 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): Development on the project site shall not result in an increase in floodwater levels off the project site. Findbtgs of Significant Environmentallmpllcl (USA 98-03) c) Finding: Implementation of the mitigation measures presented above will reduce this impact to a less than significant level. E. Hydrology 1. On-Site Flooding a) Potentially Significant Impact: The proposed commercial area and portions of the proposed residential area are within IOO-year flood zones as identified on the FEMA maps. The Gilroy Floodplain Control Ordinance allows development within 100-year floodplains provided certain measures are taken to prevent potential damage from flooding. Portions of the commercial area are within a 25-year flood zone based on a hydrology study conducted for the Gilroy Sports Park Development within these areas prone to flooding presents potential risks to health and safety of people and damage to buildings and property. This is a potentially significant impact. b) Mitigation Measure (13): Any applicant for development within FEMA- delineated 100-year flood zones on the project site shall have a hydrology report, based on the Army Corps of Engineers flow rates for Uvas Creek, prepared for that development by a qualified hydrologist or engineer, to specifY 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 building permit. The hydrology report shall address the following requirements: . Site plans and building designs shall comply with the City of Gilroy Flood Plain Control Ordinance. . Development on the project site shall not impede the flow of floodwaters. . Procedures shall be developed and site plans designed that will assure that any materials, supplies or goods used, stored or hold for sale at the proposed use that may present health hazards or risks of water contamination during flood conditions are securely kept at least one foot above the 100-year flood level. Calculations for both the 25-year and 100-year flood events shall be submitted in support of these requirements. AIl grading, design or other recommendations of the hydrology report shall be incorporated into project plans. c) Finding: Implementation of the mitigation measures presented above will reduce this impact to a less than significant level. b) Mitigation Measure (13) see above. Fbtdings of Significant Environmental Impact (USA 98-03) 2. OfT-Site Flooding a) Potentially Significant Impact: The proposed commercial area and portions of the proposed residential area are within lOO-year flood zones as identified on the FEMA maps. The Gilroy Floodplain Ordinance allows development within 100-year floodplains provided certain conditions are met, including elevating the first floor elevations to at least one fOOl above the 100-year flood elevation. Construction within the floodplain could potentially result in diversion of floodwaters and increases in flood levels off the project site. This would be a significant environmental impact. b) Mitigation Measure (13) see above. c) Finding. Implementation of mitigation measure 13 above will reduce this potentially significant impact to a less than significant level. 2. Flood Flowage Easement a) Potentially Significant Impact: SCVWD holds a flood flowage easement that restricts land use and development on a large portion of the project site. Inappropriate development within this easement could put structures at risk of damage and people at risk of injury or death from storm-related flooding. Structures within the flood flowage easement could impede the flow of floodwaters and result in additional flooding in adjacent areas. The flood flowage easement is contained almost entirely within the Gilroy Sports Park site. Drainage plans and site design for the approved Gilroy Sports Park have accounted for flood flows within this easement. Portions ofthe proposed residential and commercial areas are within the flood flowage easement. Construction in this area may have impacts on the flow of floodwaters that could potentially have impacts both on- and off-site. c) Finding: Implementation of mitigation measure 13 above will reduce this potentially significant impact to a less than significant level. 3. Surface Water Quality During Construction a) Potentially Significant Impact: During construction, grading would expose sediments to rain or wind erosion and subsequent transportation of sediments to the Uvas Creek, Pajaro River and Monterey Bay. The silt load that could be generated could degrade the quality of water in the Uvas Creek, Pajaro River and Monterey Bay by transporting other pollutants adhered to sediments, obstructing natural flow patterns at the points of sediment deposition, or adversely affecting biological resources. Mitigation Measure (15): The project applicant for any proposed development within 50 feet of a waterway or flood flowage easement shall submit plans for review by, and obtain an approved permit from the Santa Clara Valley Water District (SCVWD) prior to approval ofa building permit for each phase of the project. Findings of Significant Environmental Impact (USA 98-03) Materials used and wastes generated during construction would degrade water quality also. Wastes generated commonly include wash water from concrete mixers, paints and painting equipment cleaning activities, oil, grease and fuel constituents from vehicle use, storage and maintenance, solid wastes from tree and shrub removal during land clearing, and wood and paper materials from packaging of building products. Development of the project site would increase the amount of runoff from the site under some weather conditions by adding new impervious surfaces and would generate non-point source pollutants from newly established urban activity at the project site. The runoff would contain pollutants typical of urban activity, such as oil and grease, fuel constituents, heavy metals, organic chemicals, bacteria, and sediments. These pollutants would degrade the quality ofthe surface waters in Uvas Creek, Pajaro River and Monterey Bay. Introduction of pollutants into a watercourse is a significant environmental impact. b) Mitigation Measure (14): The project applicant for any proposed development, shall, for each phase of the development, 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 building permit for each phase of the project c) Finding: Implementation of the mitigation measures presented above will reduce this potentially significant impact to a less than significant level. 4. Surface Water Quality During Operation a) Potentially Significant Impact: A variety of contaminants are common to urban area storm water and irrigation run-off. These contaminants include coliform bacteria, sediment, organic chemicals, nutrients and pesticides from landscaping and athletic fields, and fuel constituents, heavy metals, oil and grease from automobiles, roads and parking areas. The proposed project will introduce new urban pollutants to the project site and this could potentially result in the pollution ofUvas Creek and the Pajaro River. These contaminants could be transported to the drainage system, polluting downstream water systems. This would be a significant adverse environmental impact. Interior noise attenuation techniques may include forced air ventilation or air conditioning for all habitable rooms with a window facing noise sources, triple-paned windows, sound insulation or other appropriate means that will reduce interior noise levels to no greater than 45 dBADNL. Findings of Significant Environmentallmpad (USA 98-03) b) Mitigation Measure (16): Project plans for any development proposed forthe project site, subject to the review and approval of the City of Gilroy Engineering 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. Additional measures as presented in "Start at the Source, Design Guidance Manual for Storm Water Quality Protection," prepared by the Bay Area Storm Water Management Agencies Association and "Parking Lot Best Management Practices Manual," prepared by the Santa Clara Valley Urban Run-off Pollution Prevention Program may be required for specific projects. Any physical water quality safeguards shall be installed prior to occupancy of the proposed development, and any best management practices plan must be implemented upon occupancy. c) Finding: Implementation ofthe mitigation measures presented above will reduce this potentially significant impact to a less than significant level. F. Noise 1. Interior Noise Levels in Homes on the Project Site a) Poteutially Significant Impact: Title 24 of the California Code of Regulations requires a maximum interior noise level of 45 dBA. Traffic and Gilroy Sports Park noise at the proposed residential area would exceed the City standard of 60dBADNL for exterior areas. Typical residential construction provides approximately 15 dB of noise reduction, so interior noise levels would be expected to exceed 45 dBA. This would be a significant adverse environmental impact. b) Mitigation Measure (18): Subject to the review and approval of the City of Gilroy Building Division, the applicant for any residential development on the project site shall conduct an acoustical study and establish engineering requirements to be included in construction plans to maintain interior noise levels at no greater than 45 dBADNL. 2. Short-term Construction Noise a) Potentially Significant Impact: Construction activities at the project site would result in noise levels that exceed the standards specified in the City of Gilroy General Plan. This would be a significant environmental impact. . installation of a traffic signal with two-phase operation; Findings of Significant Environmental hnpact (USA 98-03) b) Mitigation Measure (19): The following language shall be included on any permits issued at the project site, 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." c) Finding. Implementation of the mitigation measure presented above would reduce this potentially significant impact to a less than significant level. G. Traffic 1. West Luchessa Avenue/Church Street a) Potentially Significant Impact: The addition of project traffic to the West Luchessa Avenue/Church Street intersection would cause both overall intersection operations and the worst approach to deteriorate from acceptable operating levels to LOS F during both the PM and Saturday peak hours. The Caltrans Peak Hour Volume warrant requirements are also satisfied for the intersection of West Luchessa Avenue and Church Street during the PM and Satnrday peak hours under Project Build-out Conditions. The proposed project's impact at this intersection would be reduced to a less than significant level with the implementation of the following mitigation measure. With implementation of this mitigation measure the intersection is projected to operate at LOS B during the AM, PM, and Saturday peak hours under Project Build-out Conditions. b) Mitigation Measure (20): The following street improvements shall be made to the intersection of West Luchessa Avenue and Church Street: . re-configuration of the northbound and southbound approaches as necessary to provide one approach lane for all movements; . provision of one left-turn lane and one shared through and right-turn lane on the eastbound and westbound approaches. The street improvements shall be implemented at such time as determined by the City of Gilroy traffic-monitoring program or a project -specific traffic analysis, and at such time as to prevent the deterioration of traffic operations below acceptable levels. Construction of the improvements shall be required as a condition of approval for the applicable project. Improvements may be subject to a reimbursement agreement. . re-configuration of the westbound approach as necessary to provide one shared lane for all movements; Findings of Significant Environmental Impact (USA 98-03) c) Finding. Implementation of the mitigation measure presented above will reduce this potentially significant impact to a less than significant level. 2. Monterey StreetJLuchessa Avenue a) Potentially Significant Impact: The intersection of Monterey Street and Luchessa Avenue is projected to degrade from LOS C to LOS F during the PM peak hour with the addition of project-generated traffic. b) Mitigation Measure (21): The following street improvements shall be made to the intersection of Monterey Street and Luchessa Avenue: . construction of a second northbound left-turn lane and an exclusive eastbound right-turn lane; . addition of a right-turn arrow for the eastbound right-turn movement (so vehicles in this movement could move while the northbound left-turn movement has a green arrow). The street improvements shall be implemented at such time as determined by the City of Gilroy traffic-monitoring program or a project -specific traffic analysis, and at such time as to prevent the deterioration of traffic operations below acceptable levels. Construction of the improvements shall be required as a condition of approval for the applicable project. Improvements may be subject to a reimbursement agreement. c) Finding. Implementation of the mitigation measure presented above will reduce this potentially significant impact to a less than significant level. 3. Monterey StreetIMonterey Frontage Road a) Potentially Significant Impact: The operation of the Monterey StreetIMonterey Frontage Road intersection is projected to deteriorate from acceptable level under Background Conditions to LOS F during the PM and Saturday peak hours with the addition of project traffic and construction of the proposed traffic signal. This is considered a significant adverse environmental impact. b) Mitigation Measure (22). Following or in conjunction with the signalization of the intersection of Monterey Street and Monterey Frontage Road, the following street improvements shall be made: . re-configuration of the southbound approach as necessary to provide one left-turn lane, two through lanes, two right-turn lanes; . re-configuration of the northbound approach as necessary to two left- turn lanes, one through lane, one shared throughlright- turn lane; Findbtgs of Significant Environmental bnpad (USA 98-03) . re-configuration of the eastbound approach as necessary to provide one exclusive left-turn lane, one shared through and left-turn lane, and one right-turn lane. . right-turn arrows shall be provided for the eastbound and southbound right-turn movements to provide LOS C intersection operations during all three study periods. This lane configuration will require split phase operation of the eastbound and westbound approaches. The street improvements shall be implemented at such time as determined by the City of Gilroy traffic-monitoring program or a project -specific traffic analysis, and at such time as to prevent the deterioration of traffic operations below acceptable levels. Construction of the improvements shall be required as a condition of approval for the applicable project. Improvements may be subject to a reimbursement agreement. c) Finding. Implementation of the mitigation measure presented above will reduce this potentially significant impact to a less than significant level. 4. Luchessa Avenue Roadway Segment a) Potentially Significant Impact: With the addition of project-generated traffic, one of the key roadway segments is projected to deteriorate to an unacceptable level of service. The segment of West Luchessa Avenue between Princevalle Street and Monterey Street is projected to degrade from LOS A to LOS E, an nnacceptable level based on the City of Gilroy standard. This is considered a significant impact. b) Mitigation Measure (23): A right-of-way sufficient for a six-lane arterial shall be dedicated to the City of Gilroy along the West Luchessa Avenue frontage of the project site. The dedication shall be implemented at such time as determined by the City of Gilroy traffic-monitoring program or a project - specific traffic analysis. The dedication shall be implemented at such a time as to allow construction necessary to prevent the deterioration of traffic operations below acceptable levels. Mitigation Measure (24): West Luchessa Avenue shall be widened to four lanes between Monterey Street and Princevalle Street. The street improvements shall be implemented at such time as determined by the City of Gilroy traffic-monitoring program or a project -specific traffic analysis, and at such time as to prevent the deterioration of traffic operations below acceptable levels. Construction of the improvements shall be required as a condition of approval for the applicable project. Improvements may be subject to a reimbursement agreement. d) Statement of Overriding Consideration: The City Council hereby finds that because of economic, social, and other considerations, the benefits of the project outweigh the unavoidable loss of prime agricultural land. First, the proposed project will create a valuable and unique recreational and park resource not currently available to the public. Second, the project is in an area where urban services are immediately available. Third, the development of the project will contribute to the City's job base. Fourth, the project will contribute to the City's tax base. Fifth, the project site is contiguous to the City's existing urban developed lands within the City and represents a consistent and logical expansion. The City finds that each of these benefits constitutes a separate and independent ground for finding that the benefits of the proposed project outweigh the risks of its potential significant adverse environmental impacts. Findings of Significant Environmental Impact (USA 98-03) c) Finding. Implementation of the mitigation measures presented above will reduce this potentially significant impact to a less than significant level. II. Findings of Unavoidable Significant Environmental Impact A. Agricultural Considerations 1. Loss of Prime Farmland a) Unavoidable Significant Impact: Approval of the Urban Service Area amendment and development of parcels adjacent to the Gilroy Sports Park site, in conjunction with development of the approved Gilroy Sports Park, would result in the loss of 133.21 acres of designated prime farmland. Approximately 128.21 acres of this farmland is in agricultural production. This would be a significant unavoidable adverse environmental impact. b) Mitigation Measures: No feasible mitigation measures are available to reduce this impact to a less than significant level. The establishment of the Gilroy Agricultural Lands Area by both the City of Gilroy and the County of Santa Clara serves as a regional mitigation for losses of prime farmland in southern Santa Clara County outside of the agricultural lands area. Although this regional mitigation has been implemented, it does not reduce the loss of prime farmland to a less than significant level and the proposed project would still be considered to have a significant and unavoidable impact on prime farmland. c) Finding: The regional mitigation measure does not avoid or substantially lessen the impact to prime farmland on the project site. There are no other recommended mitigation measures. Specific economic, social, and other considerations make adequate mitigation infeasible. 2. Potential Loss of Prime Farmland through Growth-inducement on Adjacent Parcels Ymdings of Significant Environmental Impact (USA 98-03) a) Unavoidable Significant Impact: Implementation of the proposed project could induce the adjacent farmland to the south ofthe project site and nearby farmland to the west ofthe project site to be converted to non-agricultural uses. These parcels adjacent to the project site are within the proposed City of Gilroy 20-year planning area but are proposed to be designated for open space uses. Development pressures could result in a change of general plan designation and subsequent development. b) Mitigation Measures: The establishment of the Gilroy Agricultural Lands Area by both the City of Gilroy and the County of Santa Clara serves as a regional mitigation for losses of prime farmland in southern Santa Clara County outside of the agricultural lands area. Although this regional mitigation has been implemented, it does not reduce the loss of prime farmland to a less than significant level and the proposed project would still be considered to have a significant and unavoidable impact on prime farmland. c) Finding: The regional mitigation measure does not avoid or substantially lessen the impact to prime farmland on the project site, There are no other recommended mitigation measures. Specific economic, social, and other considerations make adequate mitigation infeasible. d) Statement of Overriding Consideration: The City Council hereby finds that because of economic, social, and other considerations, the benefits of the project outweigh the potential unavoidable loss of prime agricultural land on adjacent properties. First, the proposed project will create a valuable and unique recreational and park resource not currently available to the public. Second, the project is in an area where urban services are immediately available. Third, the development of the project will contribute to the City's job base. Fourth, the project will contribute to the City's tax base, Fifth, the project site is contiguous to the City's existing urban developed lands within the City and represents a consistent and logical expansion. The City finds that each ofthese benefits constitutes a separate and independent ground for finding that the benefits of the proposed project outweigh the risks of its potential significant adverse environmental impacts. 3. Long-Term and Short-term Noise from Gilroy Sports Park Activities a) Unavoidable Significant Impact: Activities at the approved, but not yet constructed Gilroy Sports Park, including athletic events and traffic entering and exiting the project site would generate long-term noise. The noise generated by these activities would be up to 63 dBADNL, thereby exceeding acceptable City standards (60 dBADNL) at the proposed residential area north of the Gilroy Sports Park. These noise levels would be within City standards (65 dBADNL) for the commercial areas. In addition, activities at the approved, but not yet constructed Gilroy Sports Park, including spectator shouting and public address system announcements, would generate short-term, annoyance Implementation of the mitigation measures necessary to reduce the noise impacts to a less than significant level would not be feasible. The location of the barrier is partly within the SCVWD flood flowage easement. Placement of the barrier would potentially impede the flow of floodwaters and could result in increased flooding impacts in other areas. This would be a significant adverse secondary environmental impact. Therefore, Gilroy Sports Park noise impacts on the proposed residential area would be an unavoidable significant impact. Findings of Significant Environmental Impact (USA 98-03) noise at the residential area. The short-term noise generated by these activities would be up to 80 dBA. b) Mitigation Measures: Mitigation measures are available that would reduce both long-term and short-term operational noise impacts to a less than significant level. To reduce the long-term noise to a less than significant level, a six-foot tall acoustically effective barrier would be required along the northern boundary of the Gilroy Sports Park site. To reduce flanking noise, the barrier would continue along the east boundary of the residential area for a distance of 100 feet. The barrier height is in reference to the nearest ball field elevation at the foot of the bleachers. This barrier would reduce the noise level to 60 dBADNL at the nearest residences. To reduce short-term noise impacts to a less than significant level an II-foot tall acoustically effective barrier would be required along the northern boundary of the Gilroy Sports Park site. To reduce flanking noise, the barrier would continue along the east property line of the residential project for a distance of 100 feet, diminishing in height to six feet at its terminus. This barrier would reduce noise levels at the nearest residences to 55 dBADNL. To achieve an acoustically-effective barrier, the barrier would need to be made air-tight, i.e. without cracks, gaps, or other openings and would need to provide for long-term durability. The barriers could be constructed of wood, concrete, stucco, masonry, earth berm or a combination thereof All joints, including connections with posts or pilasters would need to be sealed air-tight and no openings would be permitted between the upper barrier components and the ground. c) Finding: No feasible mitigation measures are available that would reduce the noise impact to a less than significant level. d) Statement of Overriding Consideration: The City Council hereby finds that because of economic, social, and other considerations, the benefits of the project outweigh the unavoidable impact of noise from the Sports Park at the adjacent planned residential area to the north. First, the proposed project will create a valuable and unique recreational and park resource not currently available to the public. Second, the project is in an area where urban services are immediately available. Third, the development of the project will contribute to the City's job base. Fourth, the project will contribute to the City's tax base. Fifth, the project site is contignous to the City's existing Findings of Significant Environmental Impact (USA 98-03) urban developed lands within the City and represents a consistent and logical expansion. The City finds that each of these benefits constitutes a separate and independent ground for finding that the benefits of the proposed project outweigh the risks of its potential significant adverse environmental impacts. 4. Exterior Traffic Noise at Residential Areas along Monterey Street a) Unavoidable Significant Impact: At General Plan build-out, noise levels from traffic on Monterey Street would exceed City standards at adjacent proposed residential areas. Noise exceeding City noise standards would be a significant adverse environmental impact. b) Mitigation Measnres: This portion of the project site is located within a flood zone, and a sound attenuation barrier would not be feasible if the barrier were to interfere with flood flows or affect off-site flood levels. A mitigation measure presented in Section 2.7 Hydrology requires a hydrology study to determine requirements for development of the portion of the proposed residential area that is within the 100-year flood zone, which includes the area nearest to Monterey Road. The hydrology study may indicate that a sound attenuation barrier in this location would result in flood impacts. This would make a sound attenuation barrier infeasible in this location. Additionally, a noise barrier would place a visually obtrusive element along southern Monterey Street, a principal gateway designated in the Drqft Gilroy 1999- 2020 General Plan. This would result in a secondary visual impact. Because of the potential for secondary impact to hydrology and aesthetics, exterior noise levels in excess of City standards in this location would be an unavoidable significant impact. c) Finding: No feasible mitigation measures are available that would reduce the noise impact to a less than significant level. d) Statement of Overriding Consideration: The City Council hereby finds that because of economic, social, and other considerations, the benefits of the project outweigh the unavoidable impact of noise from traffic on Monterey Road at the planned residential area west of Monterey Road. First, the proposed project will create a valuable and unique recreational and park resource not currently available to the public. Second, the project is in an area where urban services are immediately available. Third, the development of the project will contribute to the City's job base. Fourth, the project will contribute to the City's tax base. Fifth, the project site is contiguous to the City's existing urban developed lands within the City and represents a consistent and logical expansion. The City finds that each of these benefits constitutes a separate and independent ground for finding that the benefits of the proposed project outweigh the risks of its potential significant adverse environmental impact. Findingll ofSignilicant Environmental Impact (USA 98-03) 5. Exterior Traffic Noise at Residential Areas along West Luchessa Avenne a) Unavoidable Significant Impact: At General Plan build-out, noise levels from traffic on West Luchessa Avenue would exceed City standards at the proposed residential areas adjacent to that street. The actual noise levels experienced at the residential area would depend on actual future traffic volumes and the lot configuration of the residential area. Noise exceeding City noise standards would be a significant adverse environmental impact. b) Mitigation Measures: A sound attenuation barrier would be required to reduce the level of noise to within City standards. Because of unknown variables, the exact requirements for mitigation of the noise impact cannot be determined at this time. It is probable that reducing noise to an acceptable level would require a sound attenuation barrier that is taller than would be considered aesthetically acceptable by the City. Implementation of the following mitigation measure would reduce the impact, but because the height of the attenuation barrier would be limited, the impact would probably not be reduced to a less than significant level. The impact would be an unavoidable significant impact. Mitigation Measure (17): Subject to the review and approval of the City of Gilroy Community Development Department, the applicant for any residential development on the project site along West Luchessa Avenue shall construct a sound attenuation barrier eight feet in height when measured from the near curb of West Luchessa Avenue. The barrier shall be completed prior to occupancy of any homes on lots adjacent to West Luchessa Avenue. c) Finding: Although a feasible mitigation measure is available that would reduce the impact, the mitigation measure may not be adequate to reduce the impact to a less than significant level. d) Statement of Overriding Consideration: The City Council hereby finds that because of economic, social, and other considerations, the benefits of the project outweigh the unavoidable impact of noise from traffic on West Luchessa Avenue at the planned residential area south of West Luchessa Avenue. First, the proposed project will create a valuable and unique recreational and park resource not currently available to the public. Second, the project is in an area where urban services are immediately available. Third, the development of the project will contribute to the City's job base. Fourth, the project will contribute to the City's tax base. Fifth, the project site is contiguous to the City's existing urban developed lands within the City and represents a consistent and logical expansion. The City finds that each of these benefits constitutes a separate and independent ground for finding that the benefits of the proposed project outweigh the risks of its potential significant adverse environmental impact. Exhibit B Mitigation Monitoring Program for Gilroy Urban Service Area Amendment 98-02 Subsequent EIR Introduction CEQA Guidelines section 15097 requires public agencies to adopt reporting or monitoring programs when they approve projects subject to an environmental impact report or a negative declaration that includes mitigation measures to avoid significant adverse environmental effects. The reporting or monitoring program is to be designed to ensure compliance with conditions of project approval during project implementation in order to avoid significant adverse environmental effects. The law was passed in response to historic non-implementation of mitigation measures presented in environmental documents and subsequently adopted as conditions of project approval. In addition, monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures. A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measure's compliance. This monitoring program is designed to provide a mechanism to ensure that mitigation measures and subsequent conditions of project approval are implemented. Monitoring Program The basis for this monitoring program is the mitigation measures included in the environmental impact report. These mitigation measures are designed to eliminate or reduce significant adverse environmental effects to less than significant levels. These mitigation measures become conditions of project approval, which the project proponent is required to complete during and after implementation of the proposed project. The attached checklist is proposed for monitoring the implementation of the mitigation measures. This monitoring checklist contains all appropriate mitigation measures in the environmental impact report. Gilroy Urban Service Area Amendment 98-03 Subsequent EIR Mitigation Monitoring Program 1 Gilroy Urban SeNice Area Amendment 98-03 Subsequent EIR Mitigation Monitoring Program 2 Monitoring Program Procedures The City of Gilroy shall use the attached monitoring checklist for the proposed project. The monitoring program should be implemented as follows: 1. The Gilroy Community Development Department should be responsible for coordination of the monitoring program, including the monitoring checklist. The Community Development Department should be responsible for completing the monitoring checklist and distributing the checklist to the responsible individuals or agencies for their use in monitoring the mitigation measures. 2. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring checklist have been complied with. Once all mitigation measures have been complied with, the responsible individual or agency should submit a copy of the monitoring checklist to the Community Development Department to be placed in the project file. If the mitigation measure has not been complied with, the monitoring checklist should not be retumed to the Community Development Department. 3. The Gilroy Community Development Department will review the checklist to ensure that appropriate mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with at the appropriate time, e.g. prior to issuance of a use permit, etc. Compliance with mitigation measures is required for project approvals. 4. If a responsible individual or agency determines that a non-compliance has occurred, a written notice should be delivered by certified mail to the project proponent within 10 days, with a copy to the Community Development Department, describing the non-compliance and requiring compliance within a specified period of time. If a non-compliance still exists at the expiration of the specified period of time, construction may be halted and fines may be imposed at the discretion of the City of Gilroy. Responsible Parties and Timing of Implementation and Monitoring The following table lists the parties responsible for implementing and monitoring each mitigation measures at each stage of the proposed project. The party(ies) responsible for implementation ofthe mitigation measure is (are) indicated by italics. The party(ies) responsible for monitoring the mitigation measure is (are) indicated by bold text. A key to abbreviations is located following the table. Im....lementu.tion Timeframe Mitigatio n Final Map Project Plans PriorlDuring Prio.rlDuring Prior to. Po.st Measure Permits Grading Construction Occupancy Develo.pment Number 1 A A A PLN PLN PLN 2 A A A, BLD, PLN A. BLD, PLN 3 A A A PLN PLN PLN 4 A I.PLN 5 A 1. PLN, CDFG 6 A A I,PLN 1,PLN 7 A A PLN PLN 8 A A ENG ENG 9 A A PLN PLN 10 A A 2,PLN 2,PLN 11 A A 2,PLN 2 PLN 12 A A COR,NAHC COR,NAHC 13 A,3 ENG. SCVWD 14 A A A RWQCB. ENG A, ENG A ENG 15 A A A SCVWD SCVWD SCVWD 16 A A A A A ENG ENG ENG ENG ENG 17 A A CD CD 18 A A BLD BLD 19 A A A ENG A, ENG, BLD A, ENG, BLD 20 A,ATT A,ATT ENG ENG 21 A,ATT A.ATT ENG ENG 22 A,ATT A,ATT ENG ENG 23 A,ATT A,ATT ENG ENG 24 A, ATT A,ATT ENG ENG Principal Responsible Parties: A: Applicant or designee; ATT: Gilroy City Attorney; BLD: Gilroy Building Division; CD: Gilroy Community Development Department; CDFG: California Department of Fish and Game; COR: Santa Clara County Coroner; ENG: Gilroy Engineering Division; NAHC: Native American Heritage Conunission; PLN: Gilroy Planning Division; RWQCB: Central Coast Regional Water Quality Control Board; SCVWD: Santa Clara Valley Water District. Other R€sponsible Parties and Specialized Consultants: 1: Biologist; 2: Archeologist; 3: Hydrologist. Gilroy Urban Service Area Amendment 98-03 Subsequent EIR Mitigation Monitoring Program 3 Monitoring Party The text of the mitigation measures and the role of each responsible party is listed in the following table. Mitigation Measure Number 1 2 Text of Mitigation Measure Subject to the review and approval of the City of Gilroy Planning Division, prior to approval of a tentative subdivision map, the applicant for residential development on the parcels north of the sports park shall provide a landscape plan that is consistent with the Gilroy Consolidated Landscape Policy, and includes a double row of trees along the sports park boundary, utilizing tree species that will attain a crown between 30 and 50 feet above street level One row of trees may be planted on the sports park side of the shared property boundary. The plantings shall be a minimum size of 24-inch boxed specimens and shall be planted prior to occupancy of the houses located within 100 feet of the sports park. The following dust control measures shall be incorporated into all permits for on)' phase of proposed construction on the project site. The measures shall be implemented as necessary to adequately control dust subject to the review and approval of the City of Gilroy Planning Division. The following measures shall be implemented at all construction sites: 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 oreas and staging areas at construction sites; Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. The following additional measures shall be implemented at construction sites greater than four acres in area: 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. Subject to determination by the Gilroy Planning Division the following measures shall be implemented at construction sites that are very large or are located near sensitive receptors: 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 side(s) of construction areas; Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; Limit the area subject to excavatioll, grading and other constructiollactivity at anyone time. Implementing Party Applicant shall prepare plan, install plantings prior to occupancy, and replace any plants that fail to grow adequately for the fIrst fIve years following initial occupancy Applicant shall implement dust control measures as necessary to control the migration of visible dust off site. Gilroy Planning Division shall ensure that the landscape plans meet requirements, and shall conduct tmllual monitoring for fIve years following initial occupancy to ensure trees are growing adequately. Gilroy Plmming Division shall ensure that all permits issued include dust control requirements. The construction manager sholl note implementation of dust control measures in the construction log and provide a copy of the log to the City at the end of each week. Gilroy Planning Division shall review construction logs weekly for the initial four weeks and monthly thereafter. Gilroy Building Division shall investigate reported violations. Gilroy Urban Service Area Amendment 98-03 Subsequent EIR Mitigation Monitoring Program 4 3 A landscape phm consistent with the Gilroy Consolidated Landscape Policy shall be prepared for common llnd street side planting areas abutting the Uvas Creek habitat corridor, subject to the review and approval of the City of Gilroy Plnnning Division. The landscape plan shall include appropriate native plant species and shall not include plautings of non-native, invasive plaut species. Native grasses or other native species shall be preferred in the areas adjacent to the Uvas Creek levee to provide additional native habitat in association with the Uvas Creek habitat corridor. 4 Subject to the review of the City of Gilroy PlfiIlIling Division, no et.trlier than 45 days and no later than 20 days prior to commencement of clearing, grading or construction in or adjacent to any riparian habitat, tl field survey shall be conducted by a qualified biologist to determine if active raptor nests are present in the construction zone or within 250 fe€t 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 oftha biologist, clearing !Uld construction within 250 fe€t shall be postponed or halted until the nests are vacated and juveniles have fledged and there is no evidence of 8. second attempt at nesting. 5 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 Oil or adjacent to the slope of the levee, field surveys shall be conducted at least four COIlSecutive 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 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 pl!Ul shall contain mitigtltion measures contained in the California Department ofFish and Game Staff Report on Burrowing Owl Mitigation (Californitl Department of Fish and G8IIle 1995). Compliance with tins mitigation measure may include, but not be limited to, the {ollowing: A voidance of occupied burrows during the nesting season (February 1 through August 31); Acquisition, protection and funding for long-term UUlnagement and monitoring of foraging habitat adjacent to occupied habitat; Enhancement of existing burrows andJor creation of new burrows; Passive relocation of burrowing owls. Applicant shall prepare plan and install plantings, and replnce any plants that fail to grow adequately during the first year. Applicant shall arrange for the surveys, and shall abide by the determinations of the biologist. Applicant shall arrange for the surveys, and shall abide by the determinations of the biologist, and the provisions of the mitigation progrtlllL Gilroy Plonning Division shall review the plans and inspect the plantings following installation, and shall ensure that the l!Uldscape plans meet requirements, and shall conduct monitoring following planting and one year later to eIlSure plants are growing adequately. Qualified biologist shttll conduct surveys, and report results to the applicant and the Gilroy Planning Division. Gilroy Planning Division shall approve the selection of the biologist and review the biologist's reports. Qualified biologist shall conduct surveys, nnd report results to the California Department of Fish and Game, the applicant, and the Gilroy Planning Division. Gilroy Planning Division shall approve the selection of the biologist and 1"eview the biologist's reports. California Department of Fish and Game shall review the reports !Uld the mitigation plan, and shall monitor compliance with the mitigation plan. Gilroy Urban Service Area Amendment 98-03 Subsequent EIR Mitigation Monitoring Program 5 6 Prior to commencement of construction activities, the applicant shall arrange for a quftlified biologist to inform workers of the potentiftl presence of the all special-status species, their protected status, work boundaries, and measures to be implemented to avoid los8 of these species during construction activities. Applicant shall arrange for 6. qualified biologist to educate workers. Applicant shall place trash containers at approved locations. Applicant shall indicate the height and placement of luminaires on Final Maps flIld project pltlDS.. Applicant shall have an historical evaluation performed and follow the :recommendations of the report. Applicant shall 8rrange for the archeological monitoring at least once per day during grading and excavation. Applicant shall halt work if archaeological resources or hUIll8n remains are discovered on the project site, and notify a qualified tlrcheologist. Gilroy Planning Division shall approve the selection of the biologist. Biologist shall inform the Gilroy Pltrnn.ing Division of completed educational sessions. 7 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 ofthe trnsh containers shall be subject to the review and approval of the City of Gilroy Community Development Department. Subject to the review and approval of the City of Gilroy Planning Division, luminaires in the proposed residential area shall be limited in height to 20 feet and shall be of a full cutoff design to reduce light spillage to adjacent areas. Luminaires located along a street adjacent to the Uvas Creek levee shall be located to the east side of the street. Gilroy Community Development Department shall review proposed placement of trash containers. Gilroy Engineering Division shall review Final Map tmd projN~t pla.ns. Gilroy PI8D.lling Division shall review the historic report and determine the appropriate measures. Archeologist shall provide weekly reports of site monitoring to the Gilroy Planning Division, and halt work if significant resources are discovered. Archeologist shall investigate finds, and report inunediately to the Gilroy Planning Division if significant resources are discovered. Gilroy Planning Division shall consult with the archeologist to develop appropriate Ill.easures. Gilroy Urban Service Area Amendment 98-03 Subsequent EIR Mitigation Monitoring Program 6 8 9 Prior to removal of any of the potentially historic houses on the project site an historical evaluation shall be completed. The historic evaluation shall include an architectural description of the structure, an historic background for the property and the completion of all appropriate State Department of Parks and Recreation form with photographic documentation. 10 The developers for any portion of the project site 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 proximity to recorded historic and prehistoric sites. 11 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 fmd and the area shall be staked off The project developer shall notifY tl qualified professional archaeologist. If the fInd is determined to be significant, appropriate mitigation measures shall be formulated and implemented. 12 In the event of an accidental discovery or recognition of suy human remains in any location other than 8. dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 15064.5(e): If humall rema.ins 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 he 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 recolIWlBndations 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 American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to lIlBke a reconullendation 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 provide measures acceptable to the landowner. Any applicant for development within FEMA-delineated lOO-year flood zones on the project site shall have a hydrology report prepared for that development by 8 qualified hydrologist or engineer, to specify 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 building permit. The hydrology report shall address the following requirements: Site plans and building designs shall comply with the City of Gilroy Flood Plain Control Ordinance. Development on the project site shall not impede the flow of floodwaters. Procedures shall be developed and site plans designed that will assure that any materials. supplies or goods used, stored or hold tor sale at the proposed use that may present health hazards or risks of water contamination during flood conditions are securely kept at least one foot above the 100- year flood level. Development on the project site shall not result in an increase in floodwater levels off the project site. Calculations for both the 25-year and lOa-year flood events shall be submitted in support of these requirements. All grading, design or other recommendations of the hydrology report shall be incorporated into project plans. Applicant shall halt work if human remains are discovered on the project site, and notify the Santa Clara County Coroner. Applicant shall have tl hydrological report prepared, and incorporate the reconunendations into project plans. Coroner shall investigate finds, and report to the Native American Heritage Commission within 24 hoUl"s if the remains are determined to be of Native Americans. The Native American Heritage Commission shall identifY likely descendants. 13 Gilroy Engineering Division shall approve the hydrologist, review the hydrology report, and review project plaDs to ensure that the recommendations of the report are adequately addressed in the project plalls. SCVWD shan review project plans to ensure that the reconrmendations of the report are adequately addressed in the project plans. Gilroy Urban Service Area Amendment 98-03 Subsequent E1R Mitigation Monitoring Program 7 14 The project applicant for any proposed development, shall, for each Applicant shall Central Coast phase oCthe development, submit 8 Notice ofIntent (NO!) and submit NOl, RWQCB sholl detailed engineering designs to the Central Coast RWQCB. This proposed SWPPP, review and approve permit shall require development and implementation of a SWPPP and engineering 8; SWPPP for the that uses storm water "Best Management Practices" to control runoff, designs to the proposed project. erosion and sedimentation from the site. The SWPPP must include Central Coast Gilroy Engineering Best Management Practices that address source reduction and, if RWQCB. Division shall necessary, shall include practices that require treatment. The SWPPP review project plans shall be submitted to the City of Gilroy Engineering Division for to ensure that the review and approval prior to tlpproval of a building permit for each SWPPF is phase of the project. adequately tlddressed on project plans. The construction IDtlnager shall note implementation of SWPPP measures in the construction log and provide a copy ofthe log to the City at the end of each week. Gilroy Engineering Division shall review construction logs weekly for the initial four weeks, and betWf'.-en November 15 and April 15 and montWy at other times. 15 The project applicant for any proposed development within 50 feet of Applicant shall SCVWD sholl a waterway or flood flowage easement shall submit plans for review obtain a permit monitor the project by, and obtain an approved permit frum the Santa Clara Valley Water from the SCVWD. site for compliance District (SCVWD) prior to approval of a building permit for each with its permit. phase of the project. 16 Project plans for any development proposed for the project site, Applicant shall Gilroy Engineering subject to the review and approval of the City of Gilroy Engineering include on the Division shall review Division shall include a sedimentation basin adequate for filtering out Final Map and plans to ensure that heavy storm water contamimmts such as silt, and grease traps construct the the required features suitable for filtering out other urban pollutants to the extent feasible. required features. are included on the Additional measures as presented in "Start at the Source, Design Applicant shall Final Map, and have Guidance Manual for Storm Water Quality Protection," prepared by prepare any been constructed the Bay Area Storm Water Management Agencies Association and required prior to occupancy. "Parking Lot Best Management Practices Manual," prepared by the management plan. Gilroy Engineering Santa Clara Valley Urban Run-off Pollution Prevention Program may Division shall be required for specific projects. Any physical water quality monitor the safeguards shall be installed prior to occupancy of the proposed management pllUl development, and any best management practices plan must be annually for the first implemented upon occupancy. five years to ensure the plan is adequate to safeguard water quality. 17 Subject to the review and approval ofthe City of Gilroy Community Applicant shall Gilroy Community Development Department, the applicant for any residential include noise Development development on the project site along West Luchessa Avenue shall attenuation Department shall construct a sound attenuation barrier eight feet in height when barriers on Final review Final Maps measured from the near curb of West Luchessa Avenue. The barrier Maps and and ensure that the shall be completed prior to occupancy of any homes on lots adjacent to construct prior to required walls are West Luchessa Avenue. occupancy. constructed. Gilroy Urban Service Area Amendment 98-03 Subsequent EIR Mitigation Monitoring Program 8 18 Subject to the review and approval of the City of Gilroy Building Division, the applicant for any residential development on the project site shall conduct an acoustical study and estftblish engineering requirements to be included in construction plans to maintain interior noise levels at no greater than 45 dBAoNL. Interior noise attenuation techniques may include forced air ventilation or air conditioning for all habitable rooms with 8 window facing noise sources, triple.paned windows, sound insulation or other appropriate means that will reduce interior noise levels to no greater than 45 dBArnL. The following language shall be included on any permits issued at the project site, 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 A.\o1aud 7;00 PM, and to SaturdfiYs and City holidays between 9:00 AM and 7:00 PM. No construction is allowed on Sundays. In addition, temporary berms or noise fittenuation barriers shall be utilized when necessary.1t 19 20 The following street improvements shall be made to the intersection of West Luchessa Avenue and Church Street: installation of a traffic signal with two-phase operation; :re-configuration of the northbound and southbound approaches as necessary to provide one 6.pproach lane for all movements; provision of one left-turn lane and one shared through and right-turn lane on the eastbound nnd westbound npproaches. The street improvements sh6.11 be implemented fit such time as determined by the City of Gilroy traffic-monitoring program or a project -specific trnffic analysis, and 6.t such time as to prevent the deterioration of traffic operations below acceptable levels. Construction oCthe improvements shall be required as a condition of approval for the applicable project. Improvements may be subject to a reimbursement agreement. Applicant shall have an acoustical study prepfired and incorporate engineering and design requirements in project plans. Applicfiut shall limit noise- generating construction to the hours listed. Applicant for applicable project shall include the listed improvements in project plans, and shall implement the improvements within nine months of notification by the City of Gilroy Engineering Division. Gilroy City Attorney shall prepare a reimbursement agreement applicable to all projects in the amendJnent area. Gilroy Building Division shall review project plans to ensure that the recommendations of the acoustic6.1 study are 6.dequately addressed. The construction manager shall note hours of noise- generating construction activities in the construction log and provide a copy of the log to the City at the end of each week. Gilroy Engineering Division shall review construction logs. Gilroy Building Division shall investigate reported violations. Gilroy Engineering Division shall determine the timing for the listed improvements as part of its traffic monitoring program, and provide notice to the applicant for the appropriate project upon determining that the improvements are required. Gilroy Urban Service Area Amendment 98-03 Subsequent EIR Mitigation Monitoring Program 9 21 The following street improvements shall be made to the intersection of Monterey Street and Luchessa Avenue: construction of!l second northbound left-turn lane and all exclusive eastbound right-turn lane; addition of a right-turn arrow for the eastbound right-turn movement (so vehicles in this movement could move while the northbound left-turn lllovement has a green arrow). The street improvements shall be implemented at such time as determined by the City of Gilroy traffic-monitoring program or a project -specific trffffic analysis, and at such time as to prevent the deterioration oftraffic operations below acceptable levels. Construction of the improvements shill be required as a condition of B.pprovaI for the applicable project. Improvements may be subject to fi reimbursement agreement. 22 Following or in cOIJjunction with the signalization of the intersection of Monterey Street and Monterey Frontage Road, the following street improvements shall be made: re-configuration of the southbound approach as neceSS8l'Y to provide one left-turn lane, two through lanes, two right-turn lanes; re-configuration of the westbound approach as necessary to provide one shared lane for all movements; re-configuration of the northbound approach as necessary to two left-turn lanes, one through lane, one shared throughlright- turn lane; re-configuration of the eastbound approach as neceSS8l'Y to provide one exclusive left-turn lane, one shared through and left-turn lane, and one right-turn lane. right-turn arrows shall be provided for the eastbound and southbound right-turn movements to provide LOS C intersection operations during all three study periods. This lane configuration will require split phase operation of the eastbound and westbound approaches. The street improvements shall be implemented at such time as determined by the City of Gilroy traffic-monitoring program or a project -specific traffic analysis, and at such time as to prevent the deterioration of traffic operations below acceptable levels. Construction ofthe improvements shall be required as a condition of approval for the applicable project. Improvements may be subject to a reimbursement agreement. A right-of-way sufficient for a six-l8.11e arterial shall be dedicated to the City of Gilroy along the West Luchessa Avenue frontage of the project site. The dedication shall be implemented at such time as determined by the City of Gilroy traffic-monitoring program or a project -specific traffic analysis. The dedication shall be implemented at such a time as to allow construction necessary to prevent the deterioration of traffic operations below acceptable levels. 23 Applicant for applicable project shall include the listed improvements in project plODS, and shall implement the improvements within nine months of notification by the City of Gilroy Engineering Division. Gilroy City Attorney shall prepare a reimbursement agreement applicable to all projects in the amendment area. Applicant for applicable project shall include the listed improvements in project plans, and shall implement the improvements within nine months of notification by the City of Gilroy Engineering Division. Gilroy City Attorney shall prepare a :reimbursement agreement applicable to all projects in the amendment area. Applicant for any project in the amendment area along West Luchessa Avenue shall include a dedication on the Final Map and/or in project plans Gilroy Engineering Division shall determine the timing for the listed improvements as part of its traffic monitoring program, and provide notice to the applicant for the appropriate project upon determining that the improvements are required. Gilroy Engineering Division shall determine the timing for the listed improvements as part of its traffic monitoring program, and provide notice to the applicant for the appropriate project upon determining that the improvements are required. Gilroy Engineering Division shall review Final Map find/or project plans to ensure inclusion of the right-of-Wli)' dedication. Gilroy Urban Service Area Amendment 98-03 Subsequent EIR Mitigation Monitoring Program 10 24 West Luchess8 Avenue shall be widened to four lanes between Monterey Street and Princevalle Street. The street improvements shall be implemented at such time as determined by the City of Gilroy traffic-monitoring program or a project -specific traffic analysis, and at such time as to prevent the deterioration oftl'sffic operations below acceptable levels. Construction of the improvements shall be required as a condition of approval for the applicable project. Improvements may be subject to a reimbursement agreement. Applicant for applicable project shall include the listed improvements in project plans, and shall implement the improvements within nine months of notificotion by the City of Gilroy Engineering Division. Gilroy City Attorney shall prepare a reimbursement agreement applicable to all projects in the amendment area. Gilroy Engineering Division shall determine the timing for the listed iInprovem.ents flS part of its traffic monitoring program. and provide notice to the applicant for the nppropriate project upon determining that the improvements are required. Gilroy Urban Service Area Amendment 98-03 Subsequent EIR Mitigation Monitoring Program 11 Exhibit C I. Findings Concerning Alternatives to the Proposed Project A. Pursuant to CEQA Guidelines 915126.6, the Subsequent EIR contains a discussion of potential alternatives that could reduce or eliminate any significant adverse environmental impacts resulting from the implementation of the Project. CEQA Guidelines Section 15126.6(a) requires that an EIR identifY alternatives to a project as proposed which "would feasibly attain most of the basic objectives of the project, but would avoid or substantially lessen many of the significant effects of the project." The Subsequent EIR considered a "no project" alternative, an alternative location north of Gilroy, and a reduced project size alternative. B. The objectives of the proposed project are to bring the approved Gilroy Sports Park site into the City of Gilroy urban service area and to maintain a contiguous urban service area without irregular boundaries, islands or peninsulas. The Gilroy Sports Park is planned to be a regional facility, hosting regional sports tournaments in addition to providing a local recreational resource, The City desires to plan the Gilroy Sports Park area in a comprehensive manner, to include not only the sports facilities, but complimentary commercial and visitor serving uses as well. Existing visitor-serving facilities to the east of Monterey Road will compliment the Gilroy Sports Park, and the proposed commercial uses adjacent to the Gilroy Sports park are planned to further compliment the regional nature of the Gilroy Sports Park. The proposed residential area is considered important in integrating the Gilroy Sports Park area with the existing residential land uses north of West Luchessa Avenue. C. The City of Gilroy owns the Gilroy Sports Park site, and will realize taxation and fiscal advantages through amendment of the site to the City of Gilroy urban service area and city limits. D. Gilroy General Plan Urban Development and Community Design Policy 4 requires, in part, that the City phase development in an orderly, contiguous manner in order to maintain a compact development pattern to avoid premature investment for the extension of public facilities and services. E. The Gilroy Sports Park area in its approved location is close to existing utilities, and is well-served by major transportation facilities, including Monterey Road and U.S. Highway 101. F. In certifying the EIR for the Gilroy Sports Park on May 17, 1999, the City of Gilroy considered a no project alternative and three alternative project locations, and made findings concerning those alternative sites for the Gilroy Sports Park. Based on all the information in the record, and after considering the merits of the alternative locations, the City certified the EIR and approved a preliminary site plan for the 546741INVH Gilroy Urban Service Area Amendment 98-03 Subsequent EfR CEQA Findings 1 Findings of Signi6cant Environmental Impact (USA 98-03) development of the Gilroy Sports Park at the site located generally west of Monterey Frontage Road, south of West Luchessa Avenue and east and north of Uvas Creek, and within the current project site. G. The areas proposed for inclusion in the urban service area as part of the proposed project are consistent with the proposed land uses in the Draft Gilroy General Plan, because: (1) The approved Gilroy Sports Park site has a land use designation of Park/Recreation Facility in the Draft Gilroy General Plan; (2) the proposed residential areas to the north of the Gilroy Sports Park site and south of West Luchessa Avenue have a land use designation of Residential - Neighborhood District in the Draft Gilroy General Plan; and (3) the proposed commercial areas to the east of the Gilroy Sports Park site and west of Monterey Frontage Road have a land use designation of Commercial General Services in the Draft Gilroy General Plan. H. After review of the entire Administrative Record, including the SEIR, the Staff Report, and the oral and written testimony presented at public hearings, and other substantial evidence on the record, and based on the findings contained in this Exhibit C, the City Council finds that each of the alternatives is infeasible because none of the alternatives would fully meet the objectives of the Project and General Plan policies. II. Findings Concerning the No Project Alternative A. The "no project" alternative required by CEQA does not achieve the objective of bringing the Gilroy Sports Park site into the City of Gilroy urban service area. B. The "no project" alternative would not result in a comprehensively planned area around the Gilroy Sports Park, including complimentary commercial and visitor serving uses in proximity to the Gilroy Sports Park, to serve the regional nature of the Gilroy Sports Park. C. The "no project" alternative is not a feasible alternative becanse it would not result in integrating the Gilroy Sports Park area with the existing residential land uses north of West Luchessa Ayenue. III. Findings Concerning the Alternative Site Location A. The alternative site location would accommodate approximately equal areas of residential and commercial land as the proposed project on a site west of Monterey Road and north of Day Road, north of Gilroy. B The alternative site location alternative does not achieve the objective of bringing the Gilroy Sports Park site into the City of Gilroy urban service area. C. The alternative site location alternative would not result in a comprehensively planned area around the Gilroy Sports Park, including complimentary commercial and visitor serving uses in proximity to the Gilroy Sports Park, to serve the regional nature of the Gilroy Sports Park. Findings of Significant Environmental Impact (USA 98-03) D. The alternative site location alternative would not result in integrating the Gilroy Sports Park area with the existing residential land uses north of West Luchessa Avenue. E. The alternative site location alternative is not adjacent to adequate existing utilities. IV. Findings Concerning the Reduced Project Size Alternative A. The reduced project size alternative would remove the commercial parcels to the south ofthe Sports Park access road from the project. B. The reduced project size alternative would not fully achieve the objectives of the proposed project, and would leave an isolated area of land, designated for developed commercial uses in the Draft Gilroy General Plan, outside the Gilroy urban service area. 1. The reduced project size alternative would achieve the objective of adding the approved City of Gilroy Sports Park site to the City of Gilroy urban service area, but would result in a less contiguous and less uniformly shaped urban service area than the proposed project. 2. The reduced project size alternative would result in a finger ofland between the existing urban service area and the proposed urban service area. 3. The resulting finger ofland has a Draft Gilroy General Plan designation of Commercial, and all ofthe remaining land south of the proposed urban service amendment that is between Uvas Creek and U. S. Highway 10] has a Draft Gilroy General Plan land use designation of Open Space. This would leave an isolated area of land, designated for developed uses in the Draft Gilroy General Plan, outside the Gilroy urban service area. 4. The reduced project size alternative would not fully realize the objective of comprehensive planning for the Gilroy Sports Park area, including the provision of complimentary commercial uses adequate to serve the regional nature of the Gilroy Sports Park. c. The reduced project size alternative would result in a less contiguous and less uniformly shaped urban service area than the Project as proposed. 1. The approved Gilroy Sports Park site is connected by a narrow extension that includes the Sports Park driveway, and is only contiguous with the existing City of Gilroy urban service area for approximately 100 feet on the east side, and a site for the approved Uvas Creek Trail extension, is also connected with the existing urban service area by a narrow area to the west. 2. The proposed residential areas to the north of the Gilroy Sports Park site and south of West Luchessa Avenue are contiguous with the existing City of Gilroy Fmdings of Significant Environmental Impact (USA 98-03) urban service area along the entire north and east boundaries, and contiguous with the Gilroy Sports Park site along the entire south boundary. The proposed residential areas are separated from the existing Gilroy urban service area to the west by a narrow finger that contains a portion ofUvas Creek and the Uvas Creek levee. Amendment of the Gilroy Sports Park site and the Uvas Creek Trail extension site to the Gilroy urban service area without amendment of the residential area would result in an isolated island that was not within the urban service area. 3. The proposed commercial areas to the east of the Gilroy Sports Park site and west of Monterey Frontage Road are contiguous with the existing City of Gilroy urban service area along the entire east boundary, contiguous with the Gilroy Sports Park along the entire west boundary, and contiguous with the residential area along the entire north boundary. The Gilroy Sports Park driveway bisects the proposed commercial area. Amendment of the Gilroy Sports Park site to the Gilroy urban service area without inclusion of the northern commercial area would result in an isolated island that was not within the urban service area. Amendment of the Gilroy Sports Park site to the Gilroy urban service area without inclusion of the northern commercial area would result in a finger between the existing urban service area and the proposed urban service amendment that was not within the urban service area. I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2002-17 is an original resolution, dilly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 18th day of March, 2002, 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 3rd day of April, 2002. VUdA-~. lerk of the City of Gilroy (Seal)