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
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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
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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
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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
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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)