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Resolution 2004- 28 RESOLUTION NO. 2004-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY MAKING CERTAIN FINDINGS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IN CONNECTION WITH THE PACHECO PASS CENTER W AL-MART SUPERCENTER PROJECT, A PORTION OF APN 841-18-043, FOR WHICH AN ENVIRONMENTAL IMPACT REPORT HAS BEEN PREPARED, ADOPTING THE MITIGATION MEASURES, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND APPROVING A MITIGATION MONITORING PROGRAM FOR THE PROJECT WHEREAS, the City Council of the City of Gilroy intends to approve a Planned Unit Development and Site Review application to allow the development of approximately 219,622 square foot Wal-Mart Supercenter and 986 parking spaces on 19.73 acres within an approved and partially developed shopping center; and WHEREAS, the City of Gilroy ("City") prepared an Environmental Impact Report ("EIR") for the Pacheco Pass Center Wal-Mart Supercenter project ("Project"); and WHEREAS, the Final EIR for the Project consists of the Draft EIR dated December 4, 2003 (State Clearinghouse Number 2003072047), and the Final EIR dated February 3,2004, said documents prepared for the City of Gilroy by EMC Planning Group Inc.; and WHEREAS, a Notice of Preparation was prepared and comments received from responsible agencies pursuant to Public Resources Code Section 21080.4, and the Notice of Preparation response period began on July 11,2003 and ended on August 10,2003, and a public scoping meeting was noticed and held at Gilroy City Hall on July 29, 2003, and further comments were received at the regular Planning Commission meeting on July 31, 2003; and WHEREAS, a Notice of Completion of the Draft EIR was filed with the State Clearinghouse in the Office of Planning and Research, establishing a public review period of 45 days beginning on December 8,2003 and ending on January 21,2004; and WHEREAS, the Notice of Availability was posted by the Santa Clara County Clerk on December 8,2003 and published in the Gilroy Dispatch on December 11,2003. Copies of the proposed Final EIR were sent out on February 4,2004, to public agencies who commented on the Draft EIR, and made available for public review; and WHEREAS, the Final EIR, and the Project itself were considered at a duly noticed Planning Commission public meeting on February 5, 2004, and at duly noticed City Council public meetings on February 17, 2004, March 15, 2004, and April 5, 2004 and all persons expressing a desire to comment or object were heard, and all documents submitted have been considered; and INVH\619304.5 01-041304-04706076 -1- Resolution No. 2004-28 WHEREAS, the office of the City Clerk of the City of Gilroy, at 7351 Rosanna Street, Gilroy, California 95020, is designated as the custodian of documents and record of proceedings upon which the Project is based; and WHEREAS, the California Environmental Quality Act ("CEQA") (Pub. Resources Code ~ 21000 et seq.) requires that, in connection with the approval of a project for which an EIR has been prepared which identifies one or more significant environmental effects, the decision- making agency make certain findings regarding those effects; and WHEREAS, the City Council has evaluated a reasonable range of alternatives to the Project, including no project, reduced size and alternative location alternatives as required under CEQA. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GILROY, AS FOLLOWS: 1. This Council hereby finds and affirms that the Final EIR has been completed in compliance with CEQA; that the City Council has reviewed and analyzed the Final EIR and other information in the record and has considered the information contained therein, including the written and oral comments received at the public meetings on the Final EIR and the Project, prior to acting upon or approving the Project; and that the Final EIR represents the independent judgment ofthe City. 2. The Findings and recommendations set forth herein are made by this Council as the City's findings under CEQA and the CEQA Guidelines (Cat. Code Regs., title 14, ~15000 et seq.) relating to the Project. The Findings provide the written analysis and conclusions of the Council regarding the Project's environmental impacts, mitigation measures, alternatives and overriding considerations to the Project. The findings and determinations contained herein are based on substantial evidence, both oral and written, contained in the entire record relating to the Project, and the EIR. 3. The Mitigation Monitoring and Reporting Program for the Project is attached to this resolution as Exhibit A and is incorporated herein and adopted as part of this resolution. The Program identifies impacts of the Project and corresponding mitigation measures and designates responsibility for mitigation implementation and the agency responsible for the monitoring action. 4. This Council hereby finds and recognizes that the Final EIR contains additions, clarifications, modifications and other information in its responses to comments on the DEIR for the Project, and also incorporates information obtained by the City since the DEIR was issued. This Council hereby finds and determines that such changes and additional information are not significant new information as that term is defined under the provisions of CEQA, because such changes and additional information do not indicate that any new significant environmental impacts not already evaluated would result from the Project and do not reflect any substantial increase in the severity of any environmental impact. No feasible mitigation measures considerably different from those previously analyzed in the DEIR have been proposed that would lessen or avoid significant environmental impacts of the Project; and no feasible INVH\619304.5 01-041304-04706076 -2- Resolution No. 2004-28 alternatives considerably different from those analyzed in the DEIR have been proposed that would lessen or avoid significant environmental impacts of the Project. 5. The Council finds that certain environmental impacts regarding air quality are considered unavoidable and cannot feasibly be mitigated to a less than significant level. Moreover, the Project alternatives analyzed in the Final EIR would not feasibly mitigate these impacts. Therefore, the City Council is approving the Project based upon the overriding considerations as set forth in the "Statement of Overriding Considerations," at Part D, below. 6. This Council does hereby make the foregoing findings with respect to the significant effects on the environment of the Project based on facts within the administrative record as a whole, and as identified in the Final EIR, with the stipulation that all information in these findings is intended as a summary of the full administrative record supporting the Final EIR. Any mitigation measures and/or alternatives that were suggested by commenters on the draft EIR and not adopted as part of the Final EIR are hereby expressly rejected for the reasons stated in the responses to the comments set forth in the Final EIR and in the record. A. STATEMENT OF FINDINGS Pursuant to CEQA, the City Council finds as follows: 1. Final EIR The Final EIR analyzes and evaluates plans and actions for development of the Pacheco Pass Center Wal-Mart Supercenter Project. The Final EIR incorporates to the extent applicable and allowable under CEQA Guidelines section 15152 the environmental analysis contained in the Rincon Plaza Annexation and General Plan Amendment EIR and the Gilroy Highway 152 Retail Center Mitigated Negative Declaration, which analyzed the environmental effects of similar development on the project site. The City Council finds, in accordance with CEQA Guidelines section 15091, that the Final EIR is fully adequate to consider these plans and actions; that no significant new environmental impacts not already evaluated in the Draft EIR were presented in the Final EIR, and that no substantial revisions or modifications have been made to mitigation measures presented in the Final EIR; that the public has had a meaningful chance to comment; and that no new information of substantial importance to the Project analyzed in the Final EIR has become available in the time since the Final EIR was prepared. 2. Impacts Mitil!ated to a Less Than Sil!nificant Level The following impacts would be mitigated to a less than significant level with mitigation measures identified in the Final EIR and stated below. The number of each mitigation measure presented corresponds to the numbering used in the Final EIR. INVHI619304.5 01.Q41304-04706076 -3- Resolution No. 2004-28 a. Air Quality Potentially Sie:nificant Impact - Construction Dust. PMlO (fine particulate) can cause respiratory ailments if breathed into the body. Large construction projects involving grading and other earth movement can generate significant quantities of PMIO. Projects involving large amounts of earth movement near sensitive receptors such as residences can have a potentially significant health impact. Sensitive receptors near the Project site could be affected by emissions from construction equipment, as well as the generation of significant quantities of PMlO during site preparation activities. The proposed project would disturb nearly 20 acres ofland for grading and other site preparation. Therefore, construction of the Project is likely to result in significant PMlO emissions. This is considered a potentially significant environmental impact. Mitigation Measure: Mitigation Measure 3 in the Gilroy Highway 152 Retail Center Mitigated Negative Declaration, and Gilroy Revised General EIR mitigation measure 4.6-1, require a variety of dust control measures to reduce the potential effects of construction dust. The mitigation measure is repeated in the Gilroy Wal-Mart (Pacheco Pass) Draft EIR as Mitigation Measure I. Because the Project site is over four acres, all of the measures from the first two parts of the mitigation measure would apply, and measures from the third part would be implemented at the discretion of the City. Implementation of the mitigation measure would reduce impacts from construction dust to a less than significant level, and no further mitigation is necessary. The City of Gilroy City Council hereby finds that the mitigation measure is feasible and, when implemented, will effectively mitigate significant adverse effects from construction related air emissions because they would substantially reduce the amount of airborne dust generated at the Project site. Watering the site, covering trucks and stockpiles, hydro seeding or soil stabilizing, and planting vegetation would contain dust on the ground at the site. Limiting traffic speeds on unpaved roads would reduce the amount of dust lifted into the air by vehicles. Installing sandbags and sweeping would remove exposed dust and silt from streets adjacent to the site. Implementation of the mitigation measure is the responsibility of the future developer(s) of the Project site. The mitigation measure is fully enforceable by the City of Gilroy, and the Gilroy Engineering Division will monitor construction activities of each future development project on the project site to ensure compliance with the measure. I. The project proponent shall specify in project plans the implementation of the following dust control measures during grading and construction activities for the proposed project. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Engineering Division: · Water all active construction areas at least twice daily; · Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; · Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; \NVH\619304.5 01~1304~706076 -4- Resolution No. 2004-28 · Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; and · Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. · Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); · Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.); · Limit traffic speeds on unpaved roads to 15 mph; · Install sandbags or other erosion control measures to prevent silt runoff to public roadways; and · Replant vegetation in disturbed areas as quickly as possible. · Install wheel washers for all exiting trucks, or wash off the tires or tracks of all the tracks and equipment leaving the site; and · Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and · Limit the area subject to excavation, grading and other construction activity at any one time. Finding: The City Council finds that as to the significant effect identified above, changes or alterations have been required in, or incorporated into, the Project that would avoid or substantially lessen the significant environmental effects thereof as identified in the EIR. Potentially Si!!nificant Impact - Construction Equipment Emissions. Construction of the Project would result in emissions of combustion by-products, including criteria pollutants. Emissions of Nitrogen Oxides (NOx) during construction would exceed Bay Area Air Quality Management District standards. This is a potentially significant impact. Mitigation Measure: Exhaust levels and criteria pollutant emissions would be reduced with the use of alternatives to diesel fuel for construction equipment, or the use of soot filters if diesel fueled equipment is used. Implementation of the mitigation measure is the responsibility of the future developer(s) ofthe Project site. The mitigation measure is fully enforceable by the City of Gilroy, and the Gilroy Engineering Division will monitor construction activities of each future development Project on the project site to ensure compliance with the measure. 2. The Project proponent shall, to the extent feasible, use equipment powered by other than diesel fuel, or if diesel fueled equipment is used, employ soot filters or other devices to effectively reduce emissions. \NVH\619304.5 01-041304-04706076 -5- Resolution No. 2004-28 Finding: The City Council finds that as to the significant effect identified above, changes or alterations have been required in, or incorporated into, the Project that would avoid or substantially lessen the significant environmental effects thereof as identified in the EIR. b. Transportation Potentially Si!!nificant Impact - Level of Service Below Standards at Pacheco Pass Center Intersections. With implementation of the Project, several intersections near the project site would operate at unacceptable levels of service, including State Highway l52/Camino Arroyo, Camino Arroyo/Renz Lane, Renz Lane with the project driveway, and Camino Arroyo with the Costco/Lowes driveway. Mitigation Measure: Mitigation measures in the Gilroy Highway 152 Retail Center Mitigated Negative Declaration addressed the level of service at these intersections, with implementation as warranted during the development of the first and second phases of development ofthe Pacheco Pass Center. Several improvements specified in those mitigation measures would be required prior to occupancy of the Project. In addition to the measures previously identified, based on a Project-specific traffic impact analysis prepared by Higgins Associates, special signal phasing would be required at the Camino Arroyo/Renz Lane intersection. Implementation of the mitigation measure is the responsibility of the project applicant and/or the developer of the Pacheco Pass Center. The mitigation measure is fully enforceable by the City of Gilroy, and the Gilroy Engineering Division will monitor construction to ensure compliance with the measure. 4. Prior to occupancy ofthe proposed Project, the following improvements within or adjacent to the Pacheco Pass Center shall be completed: · Addition of a second right-turn lane on the southbound Camino Arroyo approach to State Highway 152. · Signalization ofthe intersection ofRenz Lane and the project driveway. The Pacheco Pass Center developer shall pay the City to monitor the Renz Lane/project driveway intersection and the developer will construct the signal when the City determines, pursuant to the monitoring, that a signal is needed at that intersection. The developer shall bond with the City for the full cost for design and construction of this signal. · Signalization of the intersection of Camino Arroyo and the Costco/Lowe's driveway. · Adjustment of the signal phasing at the Camino Arroyo/Renz Lane intersection to provide overlap signal phasing for the northbound right-turn and the eastbound right-turn movements. \NVH\619304.5 01-041304-04706076 -6- Resolution No. 2004-28 Finding: The City Council finds that as to the significant effect identified above, changes or alterations have been required in, or incorporated into, the Project that would avoid or substantially lessen the significant environmental effects thereof as identified in the EIR. Potentially Si!!nificant Short-term Impact - Unsafe Pedestrian and Bicvcle Access. Until completion of the Camino Arroyo bridge over Ronan Channel, access to the Project site would require a circuitous pedestrian route and negotiation of high volume and high-speed roads by bicyclists. Pedestrians may attempt to access the project site using a shorter but potentially hazardous route along or across Ronan Channel. Mitigation Measure: Construction of the Camino Arroyo bridge across Ronan Channel would eliminate these potential safety issues, but, although the City has initiated the engineering, design, and permitting process, construction will not be complete for three to five years. Construction of a planned bicycle and pedestrian trail along Ronan Channel would eliminate these potential safety issues ifit is built on the south side of Ronan Channel, but no timeframe or detailed plan for this trail has been established, and its completion would be no sooner than the Camino Arroyo bridge. A mitigation requirement for reservation of right-of-way for this trail included in the Gilroy Highway 152 Retail Center Negative Declaration is not necessary because adequate right-of-way is contained within the Ronan Channel property. Implementation ofthe mitigation measure is the responsibility of the Project applicant. The mitigation measure is fully enforceable by the City of Gilroy, and the Gilroy Engineering Division will monitor construction to ensure compliance with the measure. 5. Prior to occupancy ofthe proposed Project and until the Camino Arroyo bridge is constructed across Ronan Channel, the project proponent shall construct and maintain the following improvements. The implementation costs would be eligible for reimbursement from other developments within the Pacheco Pass Center at the discretion of the City. a. Place an advisory sign along eastbound Tenth Street east of Chestnut Street, advising bicyclists to reach Camino Arroyo by crossing State Highway 152 on the Camino Arroyo northbound signal phase; b. Place an advisory sign near the northeast corner of Sixth Street and Rogers Lane advising pedestrians to access the Pacheco Pass Center via Chestnut Street and Tenth Street; and c. Install a fence along Ronan Channel across Camino Arroyo and the project site. Finding: The City Council finds that as to the significant effect identified above, changes or alterations have been required in, or incorporated into, the Project that would avoid or substantially lessen the significant environmental effects thereof as identified in the EIR. Potentially Significant Cumulative Impact - Level of Service Below Standards at State Highway 152/Frazier Lake Road. The intersection of State Highway 152 and Frazier Lake Road would degrade to LOS F during all peak periods under general plan build-out conditions. Project traffic would contribute to congestion at this intersection. This would be a significant cumulative impact. \NVH\619304.5 01-041304-04706076 -7- Resolution No. 2004-28 Mitigation Measure: The Project would be one of many uses contributing traffic to the intersection, and the Project would owe a proportionate share of the cost of improvements at this location. CEQA Guidelines section 1 5130(a)(3) allows for the payment of a fair-share fee payment as mitigation ofthe Project's contribution to a cumulative impact. Implementation ofthe mitigation measure is the responsibility ofthe Project applicant. The mitigation measure is fully enforceable by the City of Gilroy, and the Gilroy Engineering Division will monitor construction to ensure compliance with the measure. 18. Prior to occupancy of the proposed Project, the Project proponent shall pay a pro-rata share ofthe cost of constructing a northbound median acceleration lane and signalization at the intersection of State Highway 152 and Frazier Lake Road. The fee shall be based on the Project's share ofprojected peak hour traffic at the intersection at the time of Gilroy 2002-2020 General Plan build-out, and the most current cost estimate for the improvements. The fee shall be paid to Caltrans or the City of Gilroy, as appropriate, and held in a separate account for this improvement. Finding: The City Council finds that as to the significant effect identified above, changes or alterations have been required in, or incorporated into, the Project that would avoid or substantially lessen the significant environmental effects thereof as identified in the EIR. c. Biological Resources Potentially Significant Impact - Effects on Jurisdictional Waters. The portion of Ronan Channel adjacent to the northern boundary ofthe Project site has been channelized; however, it may still qualify as a ''water ofthe United States" under the jurisdiction ofthe U.S. Army Corps of Engineers (Corps). In addition to regulation by the Corps, California Department ofFish and Game regulates construction activities that occur in the bed, bank, and/or channel of water bodies, including man-made waterways ifthe man-made waterway is providing a benefit to wildlife resources. Grading on the Project site could potentially affect the adjacent jurisdictional waters and associated biological resources. Mitigation Measure: Potential impacts to jurisdictional waters in Ronan Channel would be mitigated to a less than significant level with implementation of a mitigation measure adopted in conjunction with the Gilroy Highway 152 Retail Center Mitigated Negative Declaration. This mitigation measure was repeated in the Gilroy Wal-Mart (pacheco Pass) EIR as Mitigation Measure 6, with a minor revision to reflect that the Project would not be built in phases (as was the case with the Pacheco Pass Center). Mitigation Measure 12, addressing Hydrology and Water Quality effects, requiring a National Pollution Discharge Elimination System permit, would also mitigate for potential biological effects. Implementation of the mitigation measure is the responsibility ofthe Project applicant. The mitigation measure is fully enforceable by the City of Gilroy, and the Gilroy Engineering Division will monitor construction to ensure compliance with the measure. \NVH\619304.5 01-041304-04706076 -8- Resolution No. 2004-28 6. The Project applicant shall prepare a grading plan that shall include, but not be limited to, specifications requiring that no materials or machinery will be allowed in the bed or banks ofthe Ronan Channel. This would include any grading and/or fill material or grading and/or construction vehicles, etc. The plan shall be subject to review and approval by the Gilroy Engineering Division and Santa Clara Valley Water District, prior to approval of the final map. Monitoring shall take place during grading and construction activities and shall be performed by the Gilroy Engineering Division and/or Santa Clara Valley Water District. Phasing ofthe grading plans will be allowed to the extent approved by the Gilroy Engineering Division. Finding: The City Council finds that as to the significant effect identified above, changes or alterations have been required in, or incorporated into, the Project that would avoid or substantially lessen the significant environmental effects thereof as identified in the EIR. d. Cultural Resources Potentially Significant Impact - Buried Cultural Resources. The City requires archeological surveys of all sites located within areas of high archeological sensitivity as identified on the City of Gilroy Historical and Cultural Resources Map. The Project is located along Ronan Channel, the former West Branch Llagas Creek, which is identified as an archaeologically sensitive area. Archaeological Consulting performed an archeological investigation for the Project site in June 1992. The archaeological report found no significant archaeological resources on the Project site. However, there could be unknown buried cultural resources on the project site that could be disturbed during construction. This would be a potentially significant impact. Mitigation Measure: Standard mitigation measures concerning the discovery of unknown buried resources were adopted with the Gilroy Highway 152 Retail Center Mitigated Negative Declaration. These mitigation measure was repeated in the Gilroy Wal-Mart (Pacheco Pass) EIR as Mitigation Measures 7 and 8. The City of Gilroy City Council will employ mitigation measures to ensure that the Project site is monitored by qualified personnel to identify, evaluate, and conserve any cultural resources found during excavation activities. Implementation of the mitigation measures is the responsibility of the future developer(s) of the Project site. The mitigation measures are fully enforceable by the City of Gilroy, and the Gilroy Planning Division will monitor construction activities at the project site to ensure compliance with the measures. 7. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included on any permits issued for the Project, 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 staked off. The Project developer shall notify a qualified professional archaeologist to INVH\619304.5 01-041304-04706076 -9- Resolution No. 2004-28 evaluate the find. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. 8. The following language shall be included in all permits issued for the Project In accordance with CEQA Guidelines section 15064.5( e): If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native 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. Finding: The City Council finds that as to the significant effect identified above, changes or alterations have been required in, or incorporated into, the project that would avoid or substantially lessen the significant environmental effects thereof as identified in the EIR. e. Geology and Soils Potentially Si!!nificant Impact - Geolo!!ical Factors. The Project site soils have a high shrink- swell potential. The potential for liquefaction on the Project site is relatively high due to seasonally high groundwater levels and the seismically active nature of the Gilroy area. Without appropriate consideration in site preparation and building design, this would be a potentially significant impact. Mitigation Measure. Mitigation measures requiring conformance with the current version of the Uniform Building Code, preparation of a soils foundation analysis, and erosion control measures were adopted with the Rincon Plaza Annexation and General Plan Amendment EIR and the Gilroy Highway 152 Retail Center Mitigated Negative Declaration, and apply to the Project. The mitigation measures were repeated in the Gilroy Wal-Mart (Pacheco Pass) EIR as Mitigation Measures 9, 10, and 11. A reference in Mitigation Measure 10 was updated from INVH1619304.5 01-041304-04706076 -10- Resolution No. 2004-28 former Gilroy General Plan section III policy 16 to refer to Gilroy 2002-2020 General Plan policy 25.09. Implementation ofthe mitigation measures is the responsibility of the Project applicant. The mitigation measures are fully enforceable by the City of Gilroy, and the Gilroy Engineering and Building, Life, and Environmental Safety Divisions will monitor construction activities to ensure compliance with the measures. 9. Construction on the Project site shall comply with the latest adopted Uniform Building Code structural earthquake regulations. The final construction plans for any structure shall be subject to the review and approval of the Building, Life, and Environmental Safety Division prior to issuance of a building permit to ensure compliance with these regulations. 10. As an implementation step for any specific construction project, a soils foundation analysis shall be completed by a qualified soils engineer as required by Gilroy 2002-2020 General Plan policy 25.09 and shall be incorporated as a condition of approval. The scope of this report shall be determined by the Gilroy Engineering Division, and shall include analysis of liquefaction potential at the location of each proposed structure. Recommendations from this report shall be incorporated into the grading plans for the proposed project and shall be subject to the review and approval of the Gilroy Engineering Division prior to issuance of a building permit. 11. Construction of the proposed project should be undertaken during the dry season (April IS-October 15). If construction of the proposed project is undertaken during the wet season (October IS-April 15) or any portion thereof, the project proponent shall incorporate the use of straw bales at discharge areas and in swales as well as the use of seeding and hydromulching where appropriate. The erosion control plan measures shall be subject to review and approval by the Gilroy Engineering Division prior to the issuance of a building permit. Finding: The City Council finds that as to the significant effect identified above, changes or alterations have been required in, or incorporated into, the Project that would avoid or substantially lessen the significant environmental effects thereof as identified in the EIR. f. Hydrology and Flooding Potentially Si!!nificant Impact - De!!radation of Water Qualitv. The Project would disturb approximately 20 acres and would involve site grading within 50 feet ofthe Ronan Channel, which is a Santa Clara Valley Water District (SCVWD) facility. Pollution of Ronan Channel could result from project grading or construction. Urban pollutants such as oil and grease from automobiles and trucks would drip onto paved surfaces and enter storm water run-off. Run-off of polluted water would degrade the water quality of Llagas Creek, the Pajaro River and Monterey Bay. Pollution ofthese waters would be a significant impact. INVH\619304.5 01-041304-04706076 -11- Resolution No. 2004-28 Mitigation Measures: Mitigation measures requiring a permit from the SCVWD and preparation of a storm water pollution prevention program under a National Pollution Discharge Elimination System (NPDES) General Construction Permit, were adopted with the negative declaration for the Gilroy Highway 152 Retail Center Initial Study, and apply to the proposed project. The mitigation measures were repeated in the Gilroy Wal-Mart (Pacheco Pass) EIR as Mitigation Measures 12 and 13. A mitigation measure requiring consultation with the SCVWD regarding parking lot design, and use of water quality devices in the design and construction ofthe parking lots, was adopted with the negative declaration for the Gilroy Highway 152 Retail Center Mitigated Negative Declaration, and applies to the proposed project. The mitigation measure was repeated in the Gilroy Wal-Mart (Pacheco Pass) EIR as Mitigation Measure 14. Implementation ofthe mitigation measures is the responsibility of the Project applicant. The mitigation measures are fully enforceable by the City of Gilroy, and the Gilroy Engineering Division will monitor construction activities to ensure compliance with the measures. 12. Subject to the review and approval ofthe Central Coast Regional Water Quality Control Board and the Gilroy Engineering Division, prior to any demolition, grading, or construction activities on the project site, the applicant shall prepare a storm water pollution prevention program under the National Pollution Discharge Elimination System General Construction Permit. 13. Subject to the review and approval ofthe Gilroy Engineering Division, prior to any demolition, grading or construction activities within 50 feet of Ronan Channel, the applicant shall obtain a permit from the Santa Clara Valley Water District. 14. Subject to the review of the Gilroy Engineering Division, prior to PUD Architectural and Site Review approval, the project applicant shall consult with the Santa Clara Valley Water District in the design of project parking lots to incorporate feasible measures for storm water quality protection into project designs. The proposed project shall at a minimum include oil and grease separators or other effective filtering systems as part of the drainage system to reduce the quantity of water-borne pollutants leaving the project site and draining into Ronan Channel. These filtering systems shall meet the standards of, and shall be subject to the review and approval of the Santa Clara Valley Water District and the Central Coast Regional Water Quality Control Board. Finding: The City Council finds that as to the significant effect identified above, changes or alterations have been required in, or incorporated into, the Project that would avoid or substantially lessen the significant environmental effects thereof as identified in the EIR. g. Noise Potentially Si!!nificant Impact - Short-Term Construction Noise. Construction of the proposed Project would result in a temporary increase in noise from trucks, graders, and INVH\619304.5 01-041304-04706076 -12- Resolution No. 2004-28 construction activities. The nearest noise sensitive uses are residences approximately 1,000 feet to the southwest, behind the existing Lowe's store, and a farm approximately 1,000 feet to the northeast on Gilman Road. Although the project site is some distance from sensitive uses, the continuous and typically high level noise from construction ofthe proposed Project could affect sensitive uses. This is a potentially significant impact. Mitigation Measures: A mitigation measure limiting hours of construction, adopted in conjunction with the Gilroy Highway 152 Retail Center Mitigated Negative Declaration would apply to the proposed Project. This mitigation measure was repeated in the Gilroy Wal-Mart (Pacheco Pass) EIR as Mitigation Measure 15. Implementation of the mitigation measure is the responsibility ofthe Project applicant. The mitigation measure is fully enforceable by the City of Gilroy, and the Gilroy Engineering and Building, Life and Environmental Safety Divisions will monitor construction to ensure compliance with the measure. 15. The following language shall be included on any permits issued at the project site, subject to the review and approval of the Gilroy Engineering and Building, Life and Environmental Safety Divisions: "All 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." Alternative construction hours may be allowed if specifically approved by the City Council. Finding: The City Council finds that as to the significant effect identified above, changes or alterations have been required in, or incorporated into, the Project that would avoid or substantially lessen the significant environmental effects thereof as identified in the EIR. h. Public Services Potentially Si!!nificant Impact - Fire Services Demand. Because ofthe size of the building, the Project could result in extra-ordinary demands on the Gilroy Fire Department in the event of a fire or related emergency to which the Fire Department would respond. Mitigation Measures: The Gilroy Highway 152 Retail Center Initial Study determined that the developers of new commercial uses should take steps to reduce the potential for fire service calls, and a mitigation measure requiring a fire safety plan was adopted and would apply to the proposed project. The mitigation measure was repeated in the Gilroy Wal-Mart (Pacheco Pass) EIR as Mitigation Measure 16. Implementation of the mitigation measure is the responsibility of the Project applicant. The mitigation measure is fully enforceable by the City of Gilroy, and the Gilroy Fire Department will monitor construction to ensure compliance with the measure. 16. Plans for any future specific construction project shall include a fire safety plan. This plan shall indicate and describe all fire safety improvements which will be included in the project including fire hydrant locations, sprinkler and alarm systems, emergency vehicle INVH\619304.5 01-041304-04706076 -13- Resolution No. 2004-28 access provisions, evacuation plans (if necessary), and demonstration of adequate water pressure for fire-fighting purposes. This plan shall be approved by the Gilroy Fire Department prior to the approval of a site plan for any phase of the Project. Finding: The City Council finds that as to the significant effect identified above, changes or alterations have been required in, or incorporated into, the Project that would avoid or substantially lessen the significant environmental effects thereof as identified in the EIR. i. Utilities Si!!nificant Impact - Solid Waste Disposal Capacity. According to the Gilroy Revised General Plan EIR the City of Gilroy produces approximately 48,000 tons of solid waste per year. Commercial sources produce approximately 28 percent ofthe City's waste stream. The City of Gilroy is currently behind in its State-mandated 2000 goal for waste diversion. Solid waste is currently brought to the Pacheco Pass landfill east of Gilroy on State Highway 152. The Pacheco Pass landfill will reach capacity and close sometime shortly after 2004. When the Pacheco Pass landfill closes, the City of Gilroy will contract with another landfill for solid waste disposal. Due to the limited regional landfill capacity available and the City shortfall in meeting recycling goals, the cumulative generation of solid waste is likely to exhaust existing landfill capacity prematurely. A new landfill will be needed to accommodate long-term waste disposal needs. Based on an approximate commercial solid waste generation rate of 30 tons per acre per year, the proposed project would generate approximately 600 tons of solid waste per year and contribute to the shortage of disposal space. This would be a significant impact. Mitigation Measure: A mitigation measure requiring preparation of a solid waste disposal and recycling plan, was adopted with the Gilroy Highway 152 Retail Center Mitigated Negative Declaration, and would apply to the proposed Project. Pertinent portions ofthis mitigation measure were repeated in the Gilroy Wal-Mart (Pacheco Pass) EIR as Mitigation Measure 17. Implementation ofthe mitigation measure is the responsibility ofthe Project applicant. The mitigation measure is fully enforceable by the City of Gilroy, and the Gilroy Planning Division will monitor construction to ensure compliance with the measure. . 17. As an implementation step for any specific construction project, the applicant shall prepare and submit a solid waste disposal plan. This plan shall provide an analysis ofthe anticipated amount of solid waste that will be generated by the project and indicate the manner in which it will be disposed. In addition, the plan, at a minimum, shall include the following: · Identification of recyclable materials storage areas for each use in the design of the proposed proj ect; · Inclusion of an area on the project site (or shared facility within the Pacheco Pass Center) for a recycling center focused on the commercial and industrial uses in the proposed project; \NVH\619304.5 01-041304-04706076 -14- Resolution No. 2004-28 · Provision of information to store managers about the recycling services on the project site and in the area; and · Identification of the manner in which insulation and other products made of recycled materials will be incorporated into building structures. This plan shall be reviewed and approved by the Environmental Resources Coordinator and Planning Division prior to the issuance of each building permit for the proposed Proj ect. Finding: The City Council finds that as to the significant effect identified above, changes or alterations have been required in, or incorporated into, the Project that would avoid or substantially lessen the significant environmental effects thereof as identified in the EIR. j. Cumulative Impacts Potentially Si!!nificant Cumulative Impact - Transportation. The draft EIR identified a cumulative impact at the intersection of State Highway 152 and Frazier Lake Road, which would degrade to LOS F during all peak periods under general plan build-out conditions. Project traffic would contribute to congestion at this intersection. The EIR also noted that the Project would add trips to the intersection of State Highway 152 and Camino Arroyo, the intersection of Camino Arroyo and Gilman Road, and the State Highway 152 bridge over US Highway 101. Mitigation Measures: Mitigation presented in the Final EIR and described herein at Part A2(b) above mitigate this impact to a less than significant level. Finding: The City Council finds that as to the significant effect identified above, changes or alterations have been required in, or incorporated into, the Project that would avoid or substantially lessen the significant environmental effects thereof as identified in the EIR. 3. Growth Inducting Effects Finding: The City Council finds that the Project would not significantly induce further growth. The Project would result in development within an already approved commercial subdivision with development consistent with that planned in the Gilroy 2020 General Plan. 4. Impacts That Cannot Be Mitigated to Less Than a Significant Level Significant Unavoidable Impact - Operational Air Emissions. The Project would result in air emissions from vehicle trips (reactive organic gases and nitrogen oxides) that exceed standards established by the Bay Area Air Quality Management District. Mitigation measures presented in the environmental impact report prepared for the Gilroy 2002 - 2020 General Plan ("General Plan") and the Gilroy Highway 152 Retail Center Initial Study would apply, but the mitigation measures would not reduce impacts to a less than significant level. Additional Project-specific measures are proposed in Mitigation Measure 3, but implementation of the mitigation measures \NVH\619304.5 01-041304-04706076 -15- Resolution No. 2004-28 would not reduce the impact to air quality to a less than significant level. A Statement of Overriding Considerations is required and is set forth at Part D, below. 3. Mitigation measures to reduce impacts to Air Quality are identified in the Final EIR. To reduce impacts and subject to the review and approval of the Gilroy Planning Division, an emission reduction program shall be prepared pursuant to the Rincon Plaza Annexation and General Plan Amendment EIR and may include at a minimum but not be limited to the following elements: · Provision of secure bicycle parking for customers near the front of the store, protected from encroachment by merchandise displays or shopping carts. Free bicycle lockers or a secure area for parking bicycles shall be provided for employees, subject to review and approval of the Planning Division prior to Architectural & Site Review approval; · A sidewalk shall be provided between bus stops and major uses; · Sidewalks shall be provided between the anchor retail stores and each adjacent use; · Pedestrian access shall be provided between the sidewalks along Camino Arroyo and Renz Lane and the adjacent uses; and · Provision of preferential parking for employee carpools within parking areas dedicated for employees. Significant Unavoidable Impact - Cumulative Air Quality. The Project is consistent with the General Plan and applicable zoning. However, the environmental impact report prepared for the Gilroy 2002 - 2020 General Plan found that populations provided for in the General Plan are inconsistent with the Bay Area Air Quality Management District 2000 Clean Air Plan population projections. The City Council adopted a statement of overriding considerations when approving the 2002 - 2020 General Plan, and adopted 29 policies and implementing actions, as well as four mitigation measures to reduce air quality impacts. Because the proposed Project is consistent with the land uses and development densities of the Gilroy 2002 - 2020 General Plan, which is inconsistent with the Bay Area Air Quality Management District 2000 Clean Air Plan, the proposed Project would have a significant unavoidable cumulative impact on regional air quality. A Statement of Overriding Consideration is required, and is set forth at Part D, below. B. ALTERNATIVES ANALYSIS The City considered three alternatives to the proposed Project in the Final EIR: the No Project Alternative (Alternative 1), development of a reduced size store (Alternative 2), and expansion of the existing store (Alternative 3). A summary of the characteristics, impacts, and feasibility of each of the three alternatives evaluated in detail in the EIR are discussed below. \NVH\619304.5 01-041304-04706076 -16- Resolution No. 2004-28 No Project Alternative The "no project" alternative would result in eventual development ofthe vacant land on the project site with commercial or industrial uses consistent with the Gilroy 2002-2020 General Plan land use designation. Based on the conceptual development proposal submitted for the subdivision of the project site and studied in the Gilroy Highway 152 Retail Center Mitigated Negative Declaration, the development on the project site would be similar in size to the proposed project. The existing Wal-Mart store would continue in operation at its existing location approximately one mile north ofthe project site. Findings: The City Council hereby finds that the "no project" alternative would only partially meet the basic objectives of the proposed Project. The "no project" alternative would eventually meet City objectives oflocating a large-scale commercial use on the Project site, but would not meet the Project proponent's objectives of providing the full range of goods and services through a super center retail store. Environmental effects ofthe "no project" alternative would be similar to those ofthe proposed Project. Both would generate large volumes of traffic, and although the proposed Project would generate more traffic during the AM peak period, the effects ofthe traffic generated during this period would have less than significant effects on operations. Air emissions would be similar with both scenarios. The City Council hereby finds that the "no project" alternative does not result in any significantly or clearly superior environmental outcomes compared to those of the Project, and would not meet the basic objectives of the Project. Any perceived benefits of approving the "no project" alternative in order to mitigate or avoid impacts are diminished by the likelihood that a similar project eventually would be approved on the site. Further, many of the benefits derived from the Project would not be obtained if the "no project" alternative were adopted. For instance, the "no project" alternative would deprive the City of the positive economic impacts created by the Project, which include: increased revenues, creation of long-term employment opportunities by job creation and the implementation of conditions of approval that require investment in the community. 2. Reduced Size Alternative The "reduced size" alternative would be the construction of a smaller Wal-Mart supercenter retail store consisting of approximately 155,000 square feet (the average ofthe company's stated range for supercenters). This store would be approximately 30,000 square feet (about one- quarter) larger than the existing Gilroy Wal-Mart retail store, and approximately 65,000 square feet (about 30 percent) smaller than the proposed project. Parking would be reduced proportionately from the proposed project (approximately 700 spaces). Because the building footprint and parking lot would be reduced in size, an outlying parcel at the corner ofRenz Lane and Camino Arroyo could be enlarged from the present 1.15 acres to accommodate a wider range of uses. Findings: The City Council hereby finds that the "reduced size" alternative only partially meets the objectives of the proposed Project. Although the alternative meets City objectives of a commercial development on the Project site, and the Project proponent's objective of providing a INVH1619304.5 01-041304-04706076 -17- Resolution No. 2004-28 full range of goods and services, the supercenter store would be smaller than desired by the Project applicant. According to the applicant, the smaller store would not offer adequate space to accommodate planned uses and the applicant would not proceed with the store's construction. The "reduced size" alternative would not result in significant reductions in impacts to transportation and air quality, because the reduction of traffic would not be proportional to the reduction in store size. If all or most of the store departments could be fit in the smaller store, the number of customers may not decrease proportionally with the square footage. Further, even if the building size were reduced, the remainder of the land likely would be developed for different users up to the approved square footage for the Pacheco Pass Center, resulting in similar impacts as result from the Project. This would result in more tenants, which could result in increased traffic attracted by the different users. As a result, any perceived benefits of approving Alternative 2 in order to mitigate/avoid impacts are diminished. Moveover, many ofthe benefits derived from the Project would not be obtained if Alternative 2 were adopted. For instance, even if the applicant determined to proceed with the project under a reduced size alternative, the alternative would deprive the City of some of the positive economic impacts that would be created by the Project, which include increased revenues, creation of long- term employment opportunities by job creation and conditions of approval requiring investment in the community. Although a reduced size store might have some ofthese positive economic impacts (i.e., result in some increased revenues, create some jobs, and result in some investment in the community), the level ofthe positive economic impacts would be lower than with the proposed Project. The City Council hereby finds that the "reduced size" alternative does not result in any significantly or clearly superior environmental outcomes compared to those of the Project. 3. Alternative Location (Existing Store Expansion) Under the "alternative site (existing store expansion)" alternative, the existing Wal-Mart store on Arroyo Circle would be expanded from 125,600 square feet to approximately 220,000 square feet within the existing 13.7-acre parcel, and six adjacent acres to the south would be developed with parking and an additional access from the current dead-end of Camino Arroyo (to be extended as a through street in the future). It is assumed that the Project site would still be developed with a use compatible with the approved Pacheco Pass Center. Based on the conceptual development proposal submitted for the subdivision ofthe Project site and studied in the Gilroy Highway 152 Retail Center Mitigated Negative Declaration, the development on the Project site would be similar in size to the proposed Proj ect. Findings: The City Council hereby finds that the "alternative site (existing store expansion)" alternative is a potentially feasible site, and would partially meet Project objectives ofthe City, but rejects it for the following reasons. The "alternative site (existing store expansion)" alternative would not meet many ofthe Project's objectives. According to the applicant, INVH\619304.5 01-041304-04706076 -18- Resolution No. 2004-28 expansion of the existing store could present architectural difficulties in terms of store layout and access for trucks and customers and the existing store location is not as accessible from transportation and is not as visible as the proposed Project location, although these issues were beyond the scope ofthe EIR. Because the project site is expected to develop regardless, the "existing store expansion" alternative would increase short-term effects, by taking more agricultural land, and generating more traffic; however, at General Plan build-out, the differences in impacts would largely dissipate, as the "existing store expansion" would match the planned development for the Camino Arroyo area of eastern Gilroy. The six acres that would be subdivided and developed as a parking lot are currently in agricultural production. This loss of farmland would be a significant effect which would require mitigation. Therefore, in the short-term, the proposed Project would be slightly superior to Alternative 3 in terms of agricultural resources. However, because the area surrounding the alternative site would develop within the General Plan timeframe, in the long-term, effects to agricultural resources would be similar. Further, it is uncertain whether the expansion would occur because the six acres is not owned by the applicant and thus not fully within the Project applicant's control. Alternative 3 would generate more new trips in the short-term. However, because the area surrounding the alternative site would likely develop within the general plan timeframe, in the long-term, traffic effects would be similar. Additionally, because Alternative 3 would generate more new trips in the short-term, it would result in more air emissions in the short-term. However, in the long-term, Alternative 3 would be similar to the proposed project in terms of air quality. Some ofthe benefits derived from the Project would still be obtained if Alternative 3 were adopted. For instance, Alternative 3 would meet the City's goal ofa large-scale commercial development at this location. It would also provide the City with some of the positive economic impacts created by the project, which include some increase in revenue, creation oflong-term employment opportunities by providing some additional jobs, and conditions of approval that require investment in the community. However, the extent ofthe positive economic impacts would not be as great since the Project would create greater revenue, more jobs, and more investment in the community than Alternative 3. Further, as noted above, it is uncertain whether the Supercenter proposed under Alternative 3 would be constructed given that the site is not fully within the applicant's control. As such, there may be no City-wide benefits if Alternative 3 were adopted. 4. Other Alternative Locations The City Council hereby makes these findings with regard to the several other alternative sites considered in the Draft EIR. Two of the sites were too small (10.23 and 11.19 acres) to accommodate the Project without two story buildings and parking structures, which would not be economically feasible. A third alternative site identified near the selected alternative site would require more infrastructure improvements and would have similar environmental effects to the selected alternative site. The selected alternative site (existing store expansion) was the most feasible alternative site available. INVH\619304.5 01-041304-04706076 -19- Resolution No. 2004-28 The City Council hereby finds that the "alternative site" alternatives do not result in any significantly or clearly superior environmental outcomes compared to those ofthe Project. Finding: The City Council of the City of Gilroy finds that in the preparation of the draft EIR, a good faith effort has been made to examine alternatives to the Project that might feasibly attain most ofthe basic objectives of the Project, but avoid or substantially lessen any ofthe significant effctos ofthe Project6. These alternatives were considered in the review process ofthe Final EIR and the ultimate decisions on the Project. The City Council finds that none of the alternatives analyzed are capable of attaining most of the basic objectives ofthe Project while avoiding or substantially lessening significant environmental effects ofthe Project. The City Council therefore rejects the alternatives. C. MITIGATION MEASURES/ MITIGATION MONITORING PROGRAM Adoption. The City Council hereby adopts the mitigation measures for implementation in connection with the Project, and adopts the mitigation monitoring program (Exhibit A) in accordance with CEQA Guidelines section 15097. The City of Gilroy Planning Division is the agency in charge of overseeing the mitigation monitoring program. D. STATEMENT OF OVERRIDING CONSIDERATIONS Pursuant to CEQA, the City Council does hereby adopt and make the following Statement of Overriding Considerations regarding the significant, unavoidable environmental impacts ofthe Project and the anticipated benefits of the Project. 1. Statement of Facts Supporting Statement of Overriding Considerations The City of Gilroy City Council has concluded that the Pacheco Pass Wal-Mart Supercenter project ("Project"), as proposed and with identified mitigation measures, is the most capable of meeting both the City's and the applicant's basic objectives with the least environmental impact. However, pursuant to Public Resources Code Section 21081, the City Council may approve a project that has identified unavoidable significant impacts only if the City Council finds that specific overriding economic, legal, social, technological or other benefits of the Project outweigh the Project's significant effects on the environment. The unavoidable significant impacts on the environment are set forth below, followed by the specific benefits ofthe Project that support a determination that overriding considerations outweigh the Project's significant effects on the environment. 2. Significant Unavoidable Impacts With respect to the foregoing findings and in recognition of those facts that are included in the record, the City has determined that the Project would cause significant impacts to air quality in the areas of operational air emissions and a cumulative impact on regional air quality, INVH\619304.5 01-041304-04706076 -20- Resolution No. 2004-28 and that these impacts cannot be reduced to a less than significant level. The Project as proposed provides several features that will reduce cumulative effects on air quality, and mitigation measures have been incorporated to further reduce the adverse effects. The Project's significant impacts on air quality cannot be mitigated to a less than significant level by feasible changes or alterations to the Project. 3. Specific Overriding Benefits of the Project After review of the entire administrative record, including the Final EIR, the staff reports, and the oral and written testimony and evidence presented at public meetings, the City Council finds that specific economic, legal, social, technological and other anticipated benefits of the Project outweigh the unavoidable adverse environmental impacts, and therefore justify the approval ofthe Project. The City Council specifically adopts and makes this Statement of Overriding Considerations that this Project has eliminated or substantially lessened all significant effects on the environment where both feasible and consistent with the City's and the applicant's objectives, and finds that the remaining significant unavoidable impacts ofthe Project described above are acceptable because the benefits of the Project outweigh them. The City Council finds that each of the overriding considerations expressed as benefits and set forth below constitutes a separate and independent ground for such a finding. a. Increased Sales Tax Revenues. The City has an interest in increasing sales tax revenues to support the City's General Fund. The "Wal-Mart Supercenter Economic Impacts, Gilroy, California" report prepared by the Sedway Group, dated January 2004, sets forth the sales tax revenues projected to be generated by the Project. The Sedway Group report estimates that the Wal-Mart Supercenter would generate $79.1 million in taxable sales. This would result in a sales tax revenue of approximately $791,000. The sales tax attributable to the existing Wal-Mart store are estimated at $514,000. Therefore, the net difference between the two, comprising of net sales tax revenues accruing to the City, is $277,000. Additionally, the annual sales tax revenue generated by a new entertainment or retail user in the existing Wal-Mart store building is estimated in the aforementioned report to be approximately $37,700 to $314,000. Thus, the combined net retail taxes attributable to the Supercenter and reuse of the existing store could total $315,000 to $591,000 annually. b. Other Revenues. Another economic benefit would be the increase in property tax revenues. The Sedway Group report estimates that the total net annual property tax revenues attributable to the Supercenter store would be about $15,000 (taking into account the existing store property tax estimate). Additional economic benefits would be increased business license fees collected by the City (approximately $2,000 net total per year) and increased utility user taxes (approximately $32,000 net total per year). c. Job Opportunities. The City has an interest in providing a variety of jobs for its residents. The Project will result in the creation of employment opportunities in both the construction and operation ofthe Project. The Project will create long-term employment opportunities through \NVH\619304.5 01-041304-04706076 -21- Resolution No. 2004-28 providing approximately 500 jobs, almost double the number of jobs at the existing store. Eighty percent ofthese jobs are expected to be full-time positions with full benefits. The temporary and permanent job opportunities will employ a diverse workforce, including skilled labor in the construction trades, professionals in construction and retail management, and full and part-time customer service positions operating the retail businesses. These employment opportunities will have a positive impact on the City's employment rate. d. Satisfy Demand for Grocery Goods. The Project will help meet the strong market demand in Gilroy for grocery goods and the increased demand that will accompany the anticipated population growth in the area, as discussed in the Sedway Group report. e. Provide Community Benefits. Wal-Mart has agreed to invest in community organizations within the City of Gilroy. According to the applicant, the amount of community giving is ties to sales, which will be higher at the supercenter than at the existing store, and the applicant thus projects that the budget for charitable giving in Gilroy will increase with the opening ofthe Project. Condition No. 37 of the Project approval, with which Wal-Mart has agreed, requires that Wal-Mart set up a Community Advisory Board that will consist of the store manager and Wal-Mart's Community Involvement Coordinator, two members of the City Council, and three community leaders selected by the City Council. This Board will have the sole discretion of how to spend a single $10,000 grant each year, said grant being given to it by Wal-Mart for at least two years. In addition to the above grant, based on sales projections for the supercenter, Wal-Mart has stated that it will make community contributions in the amount of approximately $50,000 annually. In addition, the Project will incorporate "green" energy features that will allow the store to operate in an energy-efficiently manner. f. Consistent with Planning and Zoning. The Project is a retail use consistent with the City's General Plan, zoning and development standards. Specifically, the Project provides landscaping in excess ofthe City's minimum landscaping requirement. The Project design conforms to all applicable standards, and is the result of diligent cooperation between the Project Sponsor and City staff. In addition, the Project satisfies General Plan goals and policies on land use, transportation, and local economics, including, but not limited to, the following: · Policy 1.03: Uses East of Highway 101. Restrict lands east of Highway 101 to industrial and agricultural use except for commercial developments that draw a clear majority of customers from outside of Gilroy, in accordance with criteria established by the City of Gilroy. Approval of the Project is consistent with this policy because it will allow the development of a Supercenter, which draws a regional clientele. INVH1619304.5 01-041304-04706076 -22- Resolution No. 2004-28 · Policy 3.03: Commercial and Industrial Design Standards. Ensure that new commercial and industrial developments contribute to the overall attractiveness of the community through appropriate site design, architectural design, and landscaping. Approval of the Project is consistent with this policy because it will allow the development of a Wal-Mart that employs a creative building design. · Policy 3.13: Clustering of Commercial Uses. Encourage new commercial uses to group into clustered areas or centers containing professional offices, retail sales and services. Locate such clustered development at the intersections of major thoroughfares, and prohibit "strip" forms of commercial development (shallow depth, linear form). Approval of the Project is consistent with this policy because the Wal-Mart will be located within a shopping center that clusters many different businesses and uses together. g. Best Use of Land. The Project site is located within an area that is designed for a major commercial development and has been envisioned as such by the City for over 10 years. The Project will provide the only full-service grocery east of Highway 101. The Project site is strategically located to attract retail customers from throughout the region. PASSED AND ADOPTED this 5th day of April, 2004, by the following vote: AYES: COUNCILMEMBERS: DILLON, GARTMAN, VELASCO and PINHEIRO VALIQUETTE, NOES: COUNCILMEMBERS: CORREA and MORALES ABSENT: COUNCILMEMBERS: NONE APPROVED: ~~ A Pinheiro, Mayor ~~. Rhonda Pellin, City Clerk INVH\619304.5 01-041304-04706076 -23- Resolution No. 2004-28 EXHIBIT A MITIGATION MONITORING PROGRAM INVH\619304.5 01-041304-04706076 -24- Resolution No. 2004-28 '- Gilroy Waf-Marl (Pacheco Pass) FEfR 5.0 Mitigation Monitoring Program EXHIBIT A Mitigation Monitoring Program 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 project 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. Monitoring Program Procedures The City of Gilroy shall use the attached monitoring checklist for the Gilroy Pacheco Pass Wal-Mart. The monitoring program should be implemented as follows: Gilroy Waf-Marl (Pacheco Pass) FEfR 5.0 Mitigation Monitoring Program 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 returned 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; and 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 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. Gilroy Waf-Marl (Pacheco Pass) FEfR 5.0 Mitigation Monitoring Program Gilroy Pacheco Pass Wal-Mart Mitigation Monitoring Checklist Step 1 Prior to approval of the Architectural and Site Review, the following mitigation measure shall be implemented: 14. Subject to the review of the Gilroy Engineering Division, prior to PUD Architectural and Site Review approval, the project applicant shall consult with the Santa Clara Valley Water District in the design of project parking lots to incorporate feasible measures for storm water quality protection into project designs. The proposed project shall at a minimum include oil and grease separators or other effective filtering systems as part of the drainage system to reduce the quantity of water-borne pollutants leaving the project site and draining into Ronan Channel. These filtering systems shall meet the standards of, and shall be subject to the review and approval of the Santa Clara Valley Water District and the Central Coast Regional Water Quality Control Board. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division Step 2 Prior to approval and issuance of a grading or building permit, the following mitigation measures shall be implemented: I. 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 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 areas and staging areas at construction sites; and Gilroy Waf-Marl (Pacheco Pass) FEIR 5.0 Mitigation Monitoring Program . Sweep streets daily (with water sweepers) ifvisible soil material is carried onto adjacent public streets. . Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); . Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.); Limit traffic speeds on unpaved roads to 15 mph; . . Install sandbags or other erosion control measures to prevent silt runoff to public roadways; and . Replant vegetation in disturbed areas as quickly as possible. Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and Limit the area subject to excavation, grading and other construction activity at anyone time. . . . Party responsible Jor implementation: Applicant Party responsible Jor monitoring: Gilroy Engineering Division 2. The project proponent shall, to the extent feasible, use equipment powered by other than diesel fuel, or if diesel fueled equipment is used, employ soot filters or other devices to effectively reduce emissions. Party responsible Jor implementation: Applicant Party responsible Jor monitoring: Gilroy Planning Division 3. Subject to the review and approval of the Gilroy Planning Division, an emission reduction program shall be prepared pursuant to the Rincon Plaza Annexation and Gilroy Waf-Marl (Pacheco Pass) FEfR 5.0 Mitigation Monitoring Program General Plan Amendment EIR and may include at a minimum but not be limited to the following elements: · Provision of secure bicycle parking for customers near the front of the store, protected from encroachment by merchandise displays or shopping carts. Free bicycle lockers or a secure area for parking bicycles shall be provided for employees, subject to review and approval of the Planning Division prior to Architectural & Site Review approval; · A sidewalk shall be provided between bus stops and major uses; · Sidewalks shall be provided between the anchor retail stores and each adjacent use; · Pedestrian access shall be provided between the sidewalks along Camino Arroyo and Renz Lane and the adjacent uses; and · Provision of preferential parking for employee carpools within parking areas dedicated for employees. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning and BLES Divisions 6. The project applicant shall prepare a grading plan that shall include, but not be limited to, specifications requiring that no materials or machinery will be allowed in the bed or banks of the Ronan Channel. This would include any grading and/ or fill material or grading and/or construction vehicles, etc. The plan shall be subject to review and approval by the Gilroy Engineering Division and Santa Clara Valley Water District, prior to approval of the final map. Monitoring shall take place during grading and construction activities and shall be performed by the Gilroy Engineering Division and/or Santa Clara Valley Water District. Phasing of the grading plans will be allowed to the extent approved by the Gilroy Engineering Division. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division 7. 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: Gilroy Waf-Marl (Pacheco Pass) FEfR 5.0 Mitigation Monitoring Program 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. Party responsible Jor implementation: Applicant Party responsible Jor monitoring: Gilroy Planning Division 8. The City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section l5064.5(e): If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native 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. Party responsible Jor implementation: Applicant Party responsible Jor monitoring: Gilroy Planning Division 9. Construction on the project site shall comply with the latest adopted Uniform Building Code structural earthquake regulations. The final construction plans for any structure shall be subject to the review and approval of the Building, Life, and Environmental Safety Division prior to issuance of a building permit to ensure compliance with these regulations. Party responsible Jor implementation: Applicant Gilroy Waf-Marl (Pacheco Pass) FEfR 5.0 Mitigation Monitoring Program Party responsible for monitoring: Gilroy Building, Life, and Environmental Safety Division 10. As an implementation step for any specific construction project, a soils foundation analysis shall be completed by a qualified soils engineer as required by Gilroy 2002-2020 General Plan policy 25.09 and shall be incorporated as a condition of approval. The scope of this report shall be determined by the Gilroy Engineering Division, and shall include analysis of liquefaction potential at the location of each proposed structure. Recommendations from this report shall be incorporated into the grading plans for the proposed project and shall be subject to the review and approval of the Gilroy Engineering Division prior to issuance of a building permit. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division 11. Construction of the proposed project should be undertaken during the dry season (April l5-0ctober 15). If construction of the proposed project is undertaken during the wet season (October 15-ApriI15) or any portion thereof, the project proponent shall incorporate the use of straw bales at discharge areas and in swales as well as the use of seeding and hydro mulching where appropriate. The erosion control plan measures shall be subject to review and approval by the Gilroy Engineering Division prior to the issuance of a building permit. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division 12. Subject to the review and approval ofthe Central Coast Regional Water Quality Control Board and the Gilroy Engineering Division, prior to any demolition, grading, or construction activities on the project site, the applicant shall prepare a storm water pollution prevention program under the National Pollution Discharge Elimination System General Construction Permit. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division 13. Subject to the review and approval of the Gilroy Engineering Division, prior to any demolition, grading or construction activities within 50 feet of Ronan Channel, the applicant shall obtain a permit from the Santa Clara Valley Water District. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division " Gilroy Waf-Marl (Pacheco Pass) FEfR 5.0 Mitigation Monitoring Program 15. The following language shall be included on any permits issued at the project site, subject to the review and approval of the Gilroy Engineering and Building, Life and Environmental Safety Divisions: "All 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." Alternative construction hours may be allowed if specifically approved by the City Council. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Building, Life, and Environmental Safety Division 16. Plans for any future specific construction project shall include a fire safety plan. This plan shall indicate and describe all fire safety improvements which will be included in the project including fire hydrant locations, sprinkler and alarm systems, emergency vehicle access provisions, evacuation plans (if necessary), and demonstration of adequate water pressure for fire-fighting purposes. This plan shall be approved by the Gilroy Fire Department prior to the approval of a site plan for any phase of the project. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Fire Department 17. As an implementation step for any specific construction project, the applicant shall prepare and submit a solid waste disposal plan. This plan shall provide an analysis of the anticipated amount of solid waste that will be generated by the project and indicate the manner in which it will be disposed. In addition, the plan, at a minimum, shall include the following: · Identification of recyclable materials storage areas for each use in the design of the proposed project; · Inclusion of an area on the project site (or shared facility within the Pacheco Pass Center) for a recycling center focused on the commercial and industrial uses in the proposed project; · Provision of information to store managers about the recycling services on the project site and in the area; and · Identification of the manner in which insulation and other products made of recycled materials will be incorporated into building structures. This plan shall be reviewed and approved by the Environmental Resources Coordinator and Planning Division prior to the issuance of each building permit for the proposed project. Gilroy Waf-Marl (Pacheco Pass) FEfR 5.0 Mitigation Monitoring Program Party responsible Jor implementation: Applicant Party responsible Jor monitoring: Gilroy Planning Division and Gilroy Community Services Department Step 3 The following mitigation measures shall be implemented prior to issuance of an occupancy permit: 4. Prior to occupancy of the proposed project, the following improvements within or adjacent to the Pacheco Pass Center shall be completed: . Addition of a second right-turn lane on the southbound Camino Arroyo approach to State Highway 152; . Signalization of the intersection of Renz Lane and the project driveway; The Pacheco Pass Center developer shall pay the City to monitor the Renz Lane/project driveway intersection and the developer will construct the signal when the City determines, pursuant to the monitoring, that a signal is needed at that intersection. The developer shall bond with the City for the full cost for design and construction of this signal. Signalization of the intersection of Camino Arroyo and the Costco/Lowes driveway; and . . Adjustment of the signal phasing at the Camino Arroyo/Renz Lane intersection to provide overlap signal phasing for the northbound right-turn and the eastbound right-turn movements. Party responsible Jor implementation: Applicant Party responsible Jor monitoring: Gilroy Engineering Division 5. Prior to occupancy of the proposed project and until the Camino Arroyo bridge is constructed across Ronan Channel, the project proponent shall construct and maintain the following improvements. The implementation costs would be eligible for reimbursement from other developments within the Pacheco Pass Center at the discretion of the City. a. Place an advisory sign along eastbound Tenth Street east of Chestnut Street, advising bicyclists to reach Camino Arroyo by crossing State Highway 152 on the Camino Arroyo northbound signal phase; b. Place an advisory sign near the northeast corner of Sixth Street and Rogers Lane advising pedestrians to access the Pacheco Pass Center via Chestnut Street and Tenth Street; and Gifroy Waf-Marl (Pacheco Pass) FEfR 5.0 Mitigation Monitoring Program c. Install a fence along Ronan Channel across Camino Arroyo and the project site. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division 18. Prior to occupancy of the proposed project, the project proponent shall pay a pro- rata share of the cost of constructing a northbound median acceleration lane and signalization at the intersection of State Highway 152 and Frazier Lake Road. The fee shall be based on the project's share of projected peak hour traffic at the intersection at the time of Gilroy 2002-2020 General Plan build-out, and the most current cost estimate for the improvements. The fee shall be paid to Caltrans or the City of Gilroy, as appropriate, and held in a separate account for this improvement. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2004-28 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 5th day of April, 2004, 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 30th day of April, 2004. ~~. City lerk of the City of Gilroy J (Seal)