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
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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.
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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.
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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.
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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
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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;
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• 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
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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.
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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
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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
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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
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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
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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).
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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
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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.
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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
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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.
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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
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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)