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Resolution 2005-51RESOLUTION NO. 2005-51 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY MAKING REQUIRED FINDINGS CONCERNING SIGNIFICANT EFFECTS, MITIGATION MEASURES AND ALTERNATIVES, AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, FOR THE LAS ANIMAS PRE- ZONING (Z 02 -01) AND ANNEXATION (A 01 -01), APNS 835-05-005,-006,-007,-008, AND -009, FOR WHICH AN ENVIRONMENTAL IMPACT REPORT WAS PREPARED IN ACCORDANCE WITH THE CALIFORNIA ENVIROMENTAL QUALITY ACT WHEREAS, the project analyzed in the Final Environmental Impact Report ( "Final EIR ") for Las Animas applications (Z 02 -01) and (A 01 -01) consisted of the pre - zoning to M1 (Limited Industrial) and annexation, collectively deemed herein "the Project," of an approximately 53.38 - acre site located north of Las Animas Avenue between Monterey Street and Highway 101; APNs 835 -05 -005, -006, -007, -008, and —009; and WHEREAS, the Planning Commission held a duly noticed public hearing on April 7, 2005, which was continued to May 5, 2005, at which time the Commission considered the public testimony, the Staff Reports dated March 22, 2005 and April 29, 2005, and all other documentation related to the Project, and recommended that the City Council certify the Final EIR as completed in accordance with the requirements of the California Environmental Quality Act of 1970 as amended ( "CEQA "), and with state and local guidelines; and WHEREAS, the City Council held a duly noticed public hearing on the Project, including the Final EIR, on May 16, 2005, at which time the Council received the full record of the entire proceedings, took public testimony, and heard additional City staff responses; and WHEREAS, the City Council of the Gilroy is the decision - making body for the Las Animas Project; and WHEREAS, the City Council of Gilroy intends to approve actions related to the Project as identified in the Final EIR, entitled, "Final and Draft Environmental Impact Report: Las Animas Annexation and Pre - Zoning" dated April 2003, SCH # 2002022084; and WHEREAS, CEQA requires that in connection with the approval of a project for which an Final EIR has been prepared which identifies one or more significant environmental effects, the decision - making body of a responsible agency must make certain findings regarding those significant effects on the environment identified in the Final EIR. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GILROY AS FOLLOWS: THE CITY COUNCIL does hereby certify that the Final EIR has been completed in compliance with CEQA, and does hereby find that it has independently 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 hearings on the Final EIR and on 1GB01659432.2 01 -071205- 04706089 Resolution No. 2005 -51 the Project, prior to acting upon or approving the Project, and has found that the Final EIR represents the independent judgment and analysis of the City of Gilroy as Lead Agency for the Project, and designates the office of the City Clerk as the custodian of documents and records of proceedings on which this decision is based; and THE CITY COUNCIL does hereby find and recognizes that the Final EIR contains additions, clarifications, modifications and other information in its responses to comments on the Draft EIR and also incorporates information obtained by the City since the Draft EIR was issued. The City Council does hereby find and determine that such changes and additional information are not significant new information as that term is defined under the provisions of the California Environmental Quality Act because such changes and additional information do not indicate that any new significant environmental impacts not already evaluated would result from the Project and they 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 Draft EIR have been proposed that would lessen significant environmental impacts of the Project; and no feasible alternatives considerably different from those analyzed in the Draft EIR have been proposed that would lessen significant environmental impacts of the Project. Accordingly, the City Council hereby finds and determines that recirculation of the Draft EIR for further public review and comment is not warranted; and THE CITY COUNCIL does hereby adopt the mitigation measures for the Project; and THE CITY COUNCIL does hereby make the following findings with respect to the significant effects on the environment of the Project as it is described in the Final EIR: I. FINDINGS CONCERNING SIGNIFICANT ENVIRONMENTAL EFFECTS A. AGRICULTURAL Cancellation of a Williamson Act Contract. 1. Impact. Approximately 27.5 acres or 52 percent of the project site is currently under a Williamson Act contract. Cancellation of the Williamson Act contract would be considered a significant impact. However, if the property owner files a notice of non - renewal and allows the contract to expire prior to developing the property, there would be no impact associated with a Williamson Act contract conflict. Therefore, the proposed project may have a potentially significant impact on a Williamson Act contract. 2. Findings of Fact. The City of Gilroy City Council hereby finds that the following mitigation measure is feasible and effective; however, it will not fully mitigate significant adverse effects from the loss of Williamson Act contract, and therefore this impact is unavoidable. 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 Planning Division will require documentation of compliance with the measure for future development projects on land under a Williamson Act contract, unless the non - renewal status has finalized and the contract has expired. A slight modification was made to the mitigation measure after circulation of the Draft EIR for consistency with the adopted Agricultural Mirtigation Policy. IGB01659432.2 01 -071205 -04706089 Resolution No. 2005 -51 3. Partial Mitigation. Prior to development of the parcel subject to the Williamson Act, one of the following three options shall be implemented: a. Purchase of an equal amount of prime agricultural land within the area of the Open Space Authority and the transfer of the ownership of this land to the Open Space Authority or other City- approved agency. b. Purchase development rights on agricultural land within the area of the Open Space Authority and the transfer of the ownership of this land to the Open Space Authority or other City- approved agency. The purchase value shall be equivalent in value to that required under (a) above. C. Payment, in lieu of purchase, of fee to the Open Space Authority or other City - approved agency, equal to the amount required to comply with either of the above elements. The amount of this fee shall be equivalent in value to that required under (a) above. 4. Statement of Overriding Considerations. See Section III below for Statement of Overriding Considerations. Residues from Possible Pesticide Use 1. Impact. The majority of the project site is currently used for dry hay production. It is not known whether pesticides or other potentially harmful chemicals have been applied during existing or past agricultural production. If historical uses included the application of pesticides or other potentially harmful chemicals, future development of the project site has the potential to cause health risks to construction workers and people in the vicinity during excavation. This is a potentially significant impact. 2. Findings of Fact. The City of Gilroy City Council hereby finds that the following mitigation measure is feasible and will effectively mitigate potentially significant adverse health effects from potentially occurring pesticide residues, when implemented. Implementation of the mitigation measure is the responsibility of future developer(s) of the project site. The mitigation measure is fully enforceable by the City of Gilroy, and the Gilroy Building, Life & Environmental Safety Division will require compliance with the measure prior to issuance of development permits. This mitigation measure was added to the environmental impact report based on comments received from the Department of Toxic Substances Control during circulation of the Draft EIR. 3. Mitigation. Prior to development of the project site, a Phase 1 Environmental Site Assessment shall be prepared in accordance with ASTM Standard(s) to identify whether past or existing uses of the project site may have adversely affected soil or groundwater, or would otherwise pose a health hazard during site development. If the Phase 1 Environmental Site Assessment finds that past uses may have contaminated the site, a Phase 2 Site Assessment shall be prepared. If contamination is present at the project site, clean up and disposal of such contamination, if present, shall be in compliance with federal, state and local regulations governing the clean-up and disposal of hazardous waste. 1GB01659432.2 01 -071205-04706089 Resolution No. 2005 -51 B. AIR QUALITY Long -Term Operation Impacts 1. Impact. The proposed project would generate regional emissions primarily associated with increased vehicle use in the region. The proposed project would result in approximately 5,108 daily vehicle trips. The urban emission model, URBEMIS7G was used to predict mitigated and unmitigated quantities of ROG, NO, PM10 and CO emissions generated by the proposed project. Emissions from motor vehicle operation are anticipated to represent the greatest overall long -term air quality impacts. The proposed project would result in approximately 64.07 pounds per day of ROG, 141.32 pounds per day of NO,, 68.31 pounds per day of PM10, and 729.17 pounds per day of CO during the winter months. Operational emissions of ROG and PM�o associated with implementation of the proposed project would not exceed the BAAQMD thresholds for project operations of 80 pounds per day. However, NO, emissions would exceed the thresholds by 61.32 pounds per day. The URBEMIS7G model allows credits for the implementation of specific mitigation measures. Applicable mitigation measures were utilized for the analysis and are presented below. The analysis showed that the proposed project would continue to exceed the BAAQMD thresholds with the implementation of the applicable mitigation measures. Therefore, the proposed project would have significant and unavoidable air quality impacts. 2. Findings of Fact. The City of Gilroy City Council hereby finds that the following mitigation measures are feasible and effective; however, they will not fully mitigate significant adverse air quality impacts, when implemented, and therefore this impact is unavoidable. Future developer(s) of the project site are responsible for implementation of mitigation measures. The mitigation measures are fully enforceable by the City of Gilroy, and the Gilroy Planning and Engineering Divisions will review future project plans and monitor construction activities to ensure compliance with the measures. No modifications were made to mitigation measures 2 or 12 after circulation of the Draft EIR. Mitigation measure 14 was added to the final environmental impact report based on comments received from the Bay Area Air Quality Management District during circulation of the Draft EIR. 3. Partial Mitigation. a. The following measures shall be incorporated into all future project plans on/along the project site: • provide wide sidewalks and onsite pedestrian facilities; • provide street lighting; • provide shade trees to shade sidewalks; • do not allow long uninterrupted walls along pedestrian walkways; • provide bike lanes /paths connecting to bike system; and • provide secure bicycle parking. IGB01659432.2 01 -071205- 04706089 in Resolution No. 2005 -51 b. Subject to the review and approval of the Engineering Division, improvement plans shall include the following improvements, to be implemented concurrent with adjacent street improvements: • Provide convenient pedestrian access to the existing bus stop on northbound Monterey Road north of Las Animas Avenue, including a minimum eight -foot wide sidewalk adjacent to the bus stop in compliance with the American with Disabilities Act (ADA); • Provide wheelchair curb ramps at the intersection of Monterey Road and Las Animas Avenue in compliance with the ADA requirements; • Install sidewalks along Las Animas Avenue and Murray Avenue; • Widen roadways to accommodate bicycles; and • Install bicycle facilities along access roads and at the project site. C. To reduce the volume of commute vehicle trips, the City shall require the project proponent to prepare a vehicle trip reduction plan, subject to the review and approval of the Planning Division, that includes recommendations for the future employers on the project site. The plan shall be distributed to the employers and employees of the project site. The vehicle trip reduction plan shall include: • Carpool /vanpool program to help match commuting employees together; • Current information regarding the City's existing park and ride lots; • Current transit information (i.e. VTA bus facilities, routes and times); • Preferential parking incentives for employees who carpool /vanpool (i.e. locate preferential parking area near building entrances or sheltered areas); • Provide onsite ATM/bank, cafeteria, and other services for employees; and • Provide the employer and employees with information about compressed work week schedules (i.e. 4/40, 9/80). 4. Statement of Overriding Considerations. See Section III below for Statement of Overriding Considerations. Construction Emissions 1. Impact. PM10 can cause respiratory ailments if breathed into the body. Large construction projects involving grading and other earth movement can generate significant quantities of PM 10. Projects involving large amounts of earth movement near sensitive receptors such as residences can have a potentially significant health impact on the environment. Several residences are located directly north of the project site. These sensitive receptors could be affected by emissions from construction equipment, as well as the generation of significant 1GB0165943Z2 01 -071205- 04706089 Resolution No. 2005 -51 quantities of PMIO during site preparation activities. This is considered a potentially significant environmental impact. 2. Findings of Fact. The City of Gilroy City Council hereby finds that the following mitigation measure is feasible and will effectively mitigate significant adverse effects from construction related air emissions, when implemented. 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. No modifications have been made to the mitigation measure after circulation of the Draft EIR. 3. Mitigation. 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 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; • Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. The following measures shall be implemented at all construction sites greater than four acres in area: • All "Basic" control measures listed above; • 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; 1GB01659432.2 01 -071205- 04706089 W Resolution No. 2005 -51 • Replant vegetation in disturbed areas as quickly as possible. The following measures shall be implemented at construction sites that are large in area, located near sensitive receptors or which for any other reason may warrant additional emissions reductions: • Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; • Install windbreaks, 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 any one time. Odors and Toxic Stationary Sources 1. Impact. Development of the proposed project may include uses allowed by the City's light industrial zoning designation, which could have the potential to release odors or toxic chemicals into the air. This could be considered a potentially significant impact. 2. Findings of Fact. The City of Gilroy City Council hereby finds that the following mitigation measure is feasible and will effectively mitigate most, if not all, potentially significant adverse effects from odors and toxic stationary sources, when implemented. Implementation of the mitigation measure is the responsibility of the future developer(s) of the project site. The City of Gilroy does not have the authority to issue permits for the release of odor or toxic emissions. The following mitigation measure would be implemented under the permitting authority of the Bay Area Air Quality Management District, and the Gilroy Building, Life & Environmental Safety Division will require documentation of compliance from the responsible agency for each future development project that is subject to this measure. No modifications have been made to the mitigation measure after circulation of the Draft EIR. 3. Mitigation. The project proponent of any future development on the project site, which has the potential to release toxic air contaminants or produce odors, shall obtain permits from the BAAQMD. During the permitting process the BAAQMD will determine the level of significance from the release of toxic air contaminants or odor production on the project site. Based on the level of significance, the BAAQMD and the City of Gilroy will identify buffer zones and any other mitigation measures deemed necessary. C. BIOLOGICAL RESOURCES Raptors 1. Impact. The trees located on the project site have the potential to provide nesting habitat for several protected bird species such as American kestrel and red - tailed hawk. No 1GB01659432.2 _7 01 -071205 -04706089 Resolution No. 2005 -51 evidence of nesting activity was observed in the trees during site investigations. However, if active nest(s) of protected bird species should occur in the trees, any construction and site preparation activities, 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. The loss of individuals of these species or abandonment of their nests would be a significant impact. 2. Findings of Fact. The City of Gilroy City Council hereby finds that the following mitigation measure is feasible and will effectively mitigate significant adverse effects on potentially occurring nesting raptors, when implemented. 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 Planning Division will require documentation of compliance from a biologist for each future development project at the project site. No modifications have been made to the mitigation measure after circulation of the Draft EIR. 3. Mitigation. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities occurring within 200 feet of trees located on and adjacent to the project site, a tree survey shall be conducted by a qualified biologist to determine if active nest(s) of protected birds are present in the trees. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. This survey shall be required only if any construction would occur during the nesting and/or breeding season of protected bird species potentially nesting in the tree (generally March 1 through August 1). If active nest(s) are found, clearing and construction within 200 feet of the tree shall be postponed or halted until the nest(s) are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting, at the discretion of the biologist. If construction activities are not scheduled between March 1 and August 1, no further surveys of the tree shall be required. Burrowing Owl 1. Impact. Burrowing owl (Athene cunicularia) is listed in the CDFG Natural Diversity Database as occurring approximately three miles northwest of Gilroy. Burrowing owls were not observed during the field investigation. However, should active burrowing owl nests occur on or immediately adjacent to the project site, 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. The loss of active burrowing owl nests, if determined to be on site, would be a significant impact. 2. Findings of Fact. The City of Gilroy City Council hereby finds that the following mitigation measure is feasible and will effectively mitigate significant adverse effects on potentially occurring nesting burrowing owls, when implemented. 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 Planning Division will require documentation of compliance from a biologist for each future development project at the project site. No modifications have been made to the mitigation measure after circulation of the Draft EIR. 1GB01659432.2 g_ 01 -071205- 04706089 Resolution No. 2005 -51 3. Mitigation. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities on the project site, field surveys shall be conducted by a qualified biologist to determine if burrowing owls are present in the construction zone or within 200 feet of the construction zone. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. These surveys shall be required only if any construction would occur during the nesting and/or breeding season of burrowing owls (February 1 through August 31) and/or during the winter residency period (December 1 through January 31). If active nests are found in 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 plan shall contain mitigation measures contained in the California Department of Fish and Game Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game 1995). Compliance with this mitigation measure may include, but not be limited to, the following: • Avoidance of occupied burrows during the nesting season (February 1 through August 31); • Acquisition, protection and funding for long -term management and monitoring of foraging habitat adjacent to occupied habitat; • Enhancement of existing burrows and/or creation of new burrows; Passive relocation of burrowing owls. Significant Tree Removal 1. Impact. The project site contains several trees associated with the existing residences. Development of the project site may require the removal of these trees. The City of Gilroy Consolidated Landscape Policy requires future developer(s) of the project site to submit a landscape plan prior to approval of a development plan. The landscape plan would identify all existing trees and any trees designated for removal. The City reviews each landscape plan on a case -by -case basis to determine if any trees are significant. Removal of any trees considered to be significant under the City of Gilroy Consolidated Landscaping Policy would be considered a significant adverse impact. 2. Findings of Fact. The City of Gilroy City Council hereby finds that the following mitigation measure is feasible and will effectively mitigate significant adverse effects on significant trees, when implemented. 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 Planning Division will require a landscape plan for each future development project at the project site. The Gilroy Planning Division will monitor for compliance with the landscape plan during construction activities. No modifications have been made to the mitigation measure after circulation of the Draft EIR. 3. Mitigation. Prior to the issuance of permits, the proponent for any specific development project shall submit a Landscape Plan for review and approval by the City of Gilroy Planning Division, indicating the location, size and species of existing trees found within 1GB01659432.2 _9 01- 071205 - 04706089 Resolution No. 2005 -51 the project site boundaries. The plan shall indicate which trees are planned for removal. Based on review of the Landscape Plan, the City shall determine which trees, if any, are "significant." If significant trees are determined to be located on the project site, they shall be retained, to the greatest extent feasible. The dripline of significant trees to be retained shall be fenced prior to grading activities to prevent root damage. If retention of all significant trees on the project site is infeasible, a written report shall be prepared by a certified arborist including the number and location of each significant tree to be removed, the type and approximate size of each significant tree, the reason for removal, and specifications for replacing significant trees to be removed. The written report shall be prepared prior to the commencement of grading activities, subject to approval by the City of Gilroy Planning Division. Prior to the commencement of construction activities, the protected zone (one to 1.5 times the distance from the trunk to the dripline, depending on the tree species) of any trees or groups of trees to be retained shall be fenced to prevent injury to the trees during construction. Soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/or dumping of materials shall not be allowed within the protected zone. The fencing shall remain in place until all construction activities are complete. The trees or groups of trees to be fenced shall be indicated in a written report prepared subject to approval by the City of Gilroy Planning Division. D. CULTURAL RESOURCES Historic Structures 1. Impact. Several rural residences and associated buildings, some of which could qualify as historic, are located on the project site. Changes to any structure determined to be historic would be considered a significant impact. 2. Findings of Fact. The City of Gilroy City Council hereby finds that the following mitigation measure is feasible and will effectively mitigate significant adverse effects on historic structures, when implemented. 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 Planning Division will review future development plans to ensure compliance with the measure. No modifications have been made to the mitigation measure after circulation of the Draft EIR. 3. Mitigation. Prior to approval of development applications that include the demolition of structures, the Gilroy Planning Division shall determine whether the buildings on the project site are 50 years or older. If they are 50 years or older, the Gilroy Planning Division shall refer the project to the Gilroy Historic Heritage Committee for review. If the Gilroy Historic Heritage Committee determines that the buildings are potentially historic, the applicant shall submit a historic property report, prepared by a qualified historian. The historic evaluation shall include an architectural description of the structure, an historic background for the property, the completion of an appropriate State Department of Parks and Recreation form with photographic documentation, and mitigation measures if the structure(s) are historically significant and proposed to be demolished. If the structure(s) are determined to have significant IGB01659432.2 -10- 01-071205-04706089 Resolution No. 2005 -51 historic value, the structures must be maintained or the mitigation measures must be complied with prior to development of the site. Buried Cultural Resources 1. Impact. 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 site is not located within an area of high archaeological sensitivity. However, there is always the possibility that unknown archaeologically significant resources could be accidentally discovered during grading activities. Disturbance of prehistoric or historic cultural resources would be considered a significant impact. 2. Findings of Fact. The City of Gilroy City Council hereby finds that the following mitigation measures are feasible and will effectively mitigate significant adverse effects on potentially occurring significant archaeological resources, when implemented. Implementation of the mitigation measures are 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 of each future development project at the project site to ensure compliance with the measure. No modifications have been made to the mitigation measure after circulation of the Draft EIR. 3. Mitigation. a. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included on any permits issued for the project site, including, but not limited to building permits for future development, subject to the review and approval of the Gilroy Planning Division: "If archaeological resources or human remains are discovered during construction, work shall be halted at a minimum of 200 feet from the find and the area shall be staked off. The project developer shall notify a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented." b. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 15064.5(e): "If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his IGB01659432.2 -11- 01 -071205- 04706089 Resolution No. 2005 -51 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." E. TRAFFIC/TRANSPORTATION Intersection Levels of Service 1. Impact. The worse movement/approach at the intersection of Monterey Road/Las Animas Avenue is projected to operate at LOS D in the AM peak hour and LOS F in the PM peak hour with project traffic. Therefore, buildout of the proposed project would have a significant adverse impact to this intersection. The intersection of Monterey Road/Leavesley Road is projected to operate at LOS C during the PM peak hour under Background Conditions. The addition of project traffic is projected to cause this intersection to operate at overall LOS D in the AM peak hour. Therefore, buildout of the proposed project would have a significant adverse impact to this intersection. 2. Findings of Fact. The City of Gilroy City Council hereby finds that the following mitigation measure is feasible and will effectively mitigate significant adverse effects on intersection levels of service, when implemented. 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 review future development plans and monitor construction activities at the project site to ensure compliance with the measure. No modifications have been made to the mitigation measure after circulation of the Draft EIR. 3. Mitigation. Subject to the review and approval of the Engineering Division, project plans shall include the following improvements, to be implemented prior to occupancy of the proposed project: • Install a traffic signal at the Monterey Road/Las Animas Avenue intersection; and • Provide separate signal operation phases for the northbound and southbound vehicles at the Monterey Road /Leavesley Road intersection. Lack of Transit, Pedestrian and Bicycle Facilities 1. Impact. No sidewalks or bicycle facilities are located along the project site. With buildout of the project site, this would be a potentially significant impact. 2, Findings of Fact. The City of Gilroy City Council hereby finds that the following mitigation measure is feasible and will effectively mitigate significant adverse effects from the IGB01659432.2 -12- 01 -071205 -04706089 Resolution No. 2005 -51 lack of transit, and pedestrian and bicycle facilities in the area, when implemented. 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 review future development plans and monitor construction activities at the project site to ensure compliance with the measure. Mitigation measure 17 was added to the environmental impact report based on comments received from the Bay Area Air Quality Management District during circulation of the Draft EIR. No modifications have been made to mitigation measure 12 after circulation of the Draft EIR. 3. Mitigation. a. Subject to the review and approval of the Engineering Division, improvement plans shall include the following improvements, to be implemented concurrent with adjacent street improvements: • Provide convenient pedestrian access to the existing bus stop on northbound Monterey Road north of Las Animas Avenue, including a minimum eight -foot wide sidewalk adjacent to the bus stop in compliance with the American with Disabilities Act (ADA); • Provide wheelchair curb ramps at the intersection of Monterey Road and Las Animas Avenue in compliance with the ADA requirements; • Install sidewalks along Las Animas Avenue and Murray Avenue; • Widen roadways to accommodate bicycles; and • Install bicycle facilities along access roads and at the project site. b. To reduce the volume of commute vehicle trips, the City shall require the project proponent to prepare a vehicle trip reduction plan, subject to the review and approval of the Planning Division, that includes recommendations for the future employers on the project site. The plan shall be distributed to the employers and employees of the project site. The vehicle trip reduction plan shall include: • Carpool /vanpool program to help match commuting employees together; • Current information regarding the City's existing park and ride lots; • Current transit information (i.e. VTA bus facilities, routes and times); • Preferential parking incentives for employees who carpool /vanpool (i.e. locate preferential parking area near building entrances or sheltered areas); • Provide onsite ATM/bank, cafeteria, and other services for employees; and • Provide the employer and employees with information about compressed work week schedules (i.e. 4/40, 9/80). \GB01659432.2 -13- 01-071205-04706089 Resolution No. 2005 -51 Design Hazards 1. Impact. The proposed project may have uses that would generate large truck trips entering the project site. Trucks could high- center on the railroad crossing on Las Animas Avenue. This would be considered a significant impact. Furthermore there may not be a safe distance for trucks stopping to maintain a safe clearance from the railroad tracks. This would be considered a potentially significant impact. 2. Findings of Fact. The City of Gilroy City Council hereby finds that the following mitigation measure is feasible and will effectively mitigate significant adverse effects from design hazards, when implemented. 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 review future development plans and monitor construction activities at the project site to ensure compliance with the measure. No modifications have been made to the mitigation measure after circulation of the Draft EIR. 3. Mitigation. The project proponent shall prepare an engineering study of the railroad crossing at Las Animas Avenue and Monterey Road. The engineering study shall identify any limitations (i.e. trucks high- centering, stop clearance, etc.) and recommend the necessary improvements. The engineering study shall be subject to the review and approval by the Gilroy Engineering Division. The recommendations shall be implemented prior to occupancy of any truck trip - generating uses on the project site. F. STORM DRAINAGE Surface Water Quality During Construction 1. Impact. During construction, grading would expose sediments to rain or wind erosion and subsequent transportation of sediments to the West Branch Llagas Creek, Pajaro River and Monterey Bay. Increased silt loads could degrade the water quality in these watercourses by transporting other pollutants adhering to sediments, obstructing natural flow patterns at the points of sediment deposition, or adversely affecting biological resources. 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. Introduction of pollutants into a watercourse is a significant environmental impact. 2. Findings of Fact. The City of Gilroy City Council hereby finds that the following mitigation measure is feasible and will effectively mitigate significant adverse effects on surface water quality during construction activities, when implemented. Implementation of the mitigation measure is the responsibility of the future developer(s) of the project site. The following mitigation measure would be implemented under the permitting authority of the Regional Water Quality Control Board, and the Gilroy Engineering Division will require IGB01659432.2 -14- 01 -071205- 04706089 Resolution No. 2005 -51 documentation of compliance from the responsible agency for each future development project. No modifications have been made to the mitigation measure after circulation of the Draft EIR. 3. Mitigation. The project applicant for any proposed development, shall, for each phase of development, submit a Notice of Intent (NOI), detailed engineering designs, and a storm water pollution prevention program to the Central Coast RWQCB. The project applicant shall obtain a National Pollution Discharge Elimination System General Construction permit from the RWQCB prior to any grading or construction activities. This permit shall require implementation of an approved SWPPP that uses storm water "Best Management Practices" to control runoff, erosion and sedimentation from the site. The Storm Water Pollution Prevention Program is subject to review and approval by the Central Coast Regional Water Quality Control Board and the Gilroy Engineering Division. Surface Water Quality During Operations 1. Impact. New impervious surfaces at the project site would increase the amount of runoff from the project site under certain weather conditions. 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 fuel constituents, heavy metals, oil and grease from automobiles, roads and parking areas. The proposed project would introduce new urban pollutants to the project site. This could potentially result in the pollution of West Branch Llagas Creek and the Pajaro River. These contaminants could be transported to the drainage system, polluting downstream water systems. This would be a significant environmental impact. 2. Findings of Fact. The City of Gilroy City Council hereby finds that the following mitigation measure is feasible and will effectively mitigate significant adverse effects on surface water quality during future operations, when implemented 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 Building, Life & Environmental Safety Division will review future project plans and monitor construction activities of each future development project at the project site to ensure compliance with the measure. No modifications have been made to the mitigation measure after circulation of the Draft EIR. 3. Mitigation. Project plans for any development proposed for the project site, subject to the review and approval of the City of Gilroy Building, Life & Environmental Safety 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. Physical water quality safeguards shall be installed prior to occupancy of the proposed development, and the best management practices plan must be implemented upon occupancy. 1GB01659432.2 -15- 01- 071205-04706089 Resolution No. 2005 -51 II. ALTERNATIVES A. No Project Alternative 1. Impact. The no project alternative consists of not approving the annexation of the project site into the City of Gilroy. The project site would not be developed for industrial uses. 2. Findings of Fact. The City of Gilroy City Council hereby finds that the "no project alternative" is the environmentally superior alternative, however, it is infeasible because: (1) it would not achieve the objective of annexing the project site into the City of Gilroy for development consistent with the General Plan; (2) it would not increase job opportunities and services for the community; and (3) the City of Gilroy would not realize taxation and fiscal advantages through this alternative. B. Reduced Project Size Alternative 1. Impact. The "reduced project size alternative" consists of reducing the number of parcels annexed to include only three parcels. The number of acres would be reduced from 53.38 to 20 acres. The two parcels, one of which is under Williamson Act contract, are not included in this alternative. All other aspects of the proposed project would remain the same. 2. Findings of Fact. The City of Gilroy City Council hereby finds that the "reduced project size alternative" is environmentally superior to the proposed project because it would eliminate significant and unavoidable conflicts with Williamson Act contracts. However, the City Council finds that it is infeasible because: (1) it would not annex the entire project site into the City of Gilroy for development consistent with the General Plan and as encouraged by LAFCo; (2) this alternative would create fewer jobs than the proposed Project, and would fall short of having the same beneficial effects on the City's jobs/housing balance; and (3) it would not produce the revenues to support the City's economic development policies C. Alternative Site 1. Impact. The "alternative site" described in the Final EIR is made up of three parcels totaling approximately 65 acres. The alternative site is composed completely of prime farmland and has one parcel currently under a Williamson Act contract. The alternative site is located on the east side of U.S. Highway 101, which is near the Gilroy Agricultural Lands Area. An Urban Service Area amendment application for the alternative site has been filed with the City, but has not yet been approved. This alternative site has a general plan land use designation of General Industrial. The alternative site could also be modified to include only 40 acres, which would exclude the parcel under a Williamson Act contract. This modified alternative site would include the parcels contiguous with the City limit. 2. Findings of Fact. The City of Gilroy City Council hereby finds that the "alternative site" is environmentally inferior to the proposed project because: (1) it has environmental disadvantages in the area of agricultural resources and archaeological resources; (2) it may induce growth toward the area designated as the Gilroy Agricultural Lands Area; (3) it iGB01659432.2 -16- 01 -071205 -04706089 Resolution No. 2005 -51 is not located in the Urban Service Area; (4) it does not have environmental advantages in the areas of air quality, fire and police service, transportation, water supply, wastewater, and storm drainage. III. STATEMENT OF OVERRIDING CONSIDERATIONS The City Council of the City of Gilroy hereby adopts and makes the following Statement of Overriding Considerations regarding the significant, unavoidable impacts of the Project and the anticipated benefits of the Project. A. 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 will result in significant unmitigated project and cumulative impacts to Air Quality and may result in significant unmitigated project impacts to Williamson Act Contracts, as disclosed in the Final EIR. These impacts, though partially mitigated, would not be reduced to a less than significant level by feasible changes to the Project. B. Overriding Considerations The City Council finds that each of the overriding considerations set forth below constitutes a separate and independent ground for finding that the benefits of the Project outweigh its significant adverse environmental impacts and is an overriding consideration warranting approval of the Project. The City Council of the City of Gilroy specifically adopts and makes this Statement of Overriding Considerations regarding the significant unavoidable impacts of the Project and the anticipated benefits of the Project. The City Council finds that this project has eliminated or substantially lessened all significant impacts on the environment where feasible. C. Benefits of the Project The City Council has considered the Final EIR, the public record of proceedings on the proposed Project, and other written materials presented to the City as well as oral and written testimony at all public hearings related to the Project. The City does hereby determine that implementation of the Project as modified would result in the following substantial public benefits: The City Council hereby finds that because of economic, social, and other considerations, the benefits of the project outweigh the significant and unavoidable air quality impacts from long term operation of the project and the potentially significant and unavoidable Williamson Act contract impacts of the project. First, the proposed project promotes jobs and business development, one of the City's guiding principals for the General Plan, by attracting industrial and/or commercial office employers with the goal of providing Gilroy with a diversity of well - paid job opportunities for local residents. Second, additional well -paid jobs opportunities in Gilroy would reduce the number of weekday commute trips from Gilroy to northern Santa Clara County for employment, which would reduce the amount of air pollution in the region. Third, the project site will contribute to the City's tax base. Fourth, the proposed project is within the Urban Service Area and urban services are immediately available. Fifth, the project site is located contiguous with the city limit and represents a logical expansion. Sixth, the project site is designated by the General Plan for urban uses. 1G601659432.2 -17_ 01 -071205- 04706089 Resolution No. 2005 -51 All of these Project benefits outweigh the significant unavoidable environmental impacts of the Project identified in the Final EIR. ADOPTED this 18th day of July, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: MORALES ABSENT: COUNCILMEMBERS: NONE AT ST: Rhonda Pellin, City Clerk 1GB0 \659432.2 01 -071205-04706089 -18- APPROVED: lbert Pinheiro, Mayor Resolution No. 2005 -51 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2005 -51 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 18th day of July, 2005, 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 10th day of August, 2005. City Clerk of the City of Gilroy (Seal)