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Resolution 2005-81RESOLUTION NO. 2005 -81 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 GLEN LOMA RANCH SPECIFIC PLAN (GPA 00 -01), FOR WHICH AN ENVIRONMENTAL IMPACT REPORT WAS PREPARED IN ACCORDANCE WITH THE CALIFORNIA ENVIROMENTAL QUALITY ACT, AND ADOPTING A MITIGATION MONITORING PROGRAM FOR THE PROJECT WHEREAS, the project analyzed in the Final Environmental Impact Report ( "Final EIR ") for the Glen Loma Ranch residential and commercial project applications GPA 00 -01 and Z 05 -13, adopting the Glen Loma Ranch Specific Plan and codifying provisions of the Glen Loma Ranch Special Use District, and re- zoning to GLR/PUD (Glen Loma Ranch Special Use District/Planned Unit Development) from ND (Neighborhood District) ( "Project "), is composed of approximately 360 acres east of Santa Teresa Boulevard between Greenfield Drive and Uvas Creek, APNs 808 -18 -003, 014, 015, 016, 017, 018, 808 -19 -008, 009, 010, 011, 808 -43 -001, 002, 003, 004, 005, and 006; and WHEREAS, the City of Gilroy held three community meetings between October 2000 and June 2001 to gain input into the overall design of the Project; and WHEREAS, the Planning Commission and City Council held a series of six workshops to discuss the process and overall Project between February 2001 and September 2005, including a workshop in May 2001 with the Parks and Recreation Commission; and WHEREAS, the Planning Commission held a duly noticed public hearing on October 6, 2005, at which time the Commission considered the public testimony, the Staff Report dated September 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 WHEREAS, the City Council held a duly noticed public hearing on the Project, including the Final EIR, on October 17, 2005, at which time the Council received the full record of the entire proceedings, took public testimony, and heard additional City staff responses, and thereafter certified the Final EIR as completed in accordance with CEQA; and WHEREAS, the City Council of the Gilroy is the decision - making body for the Glen Loma Project; and WHEREAS, the City Council of Gilroy intends to approve actions related to the Project as identified in the Final EIR, entitled, "Final Environmental Impact Report: Glen Loma Specific Plan" dated September 2005, and "Revised Draft Environmental Impact Report: Glen Loma Specific Plan" dated June 10, 2005, SCH # 2003042018; and IGB01673691.3 01- 110405 - 04706099 Resolution No. 2005 -81 WHEREAS, CEQA requires that in connection with the approval of a project for which an EIR has been prepared that identifies one or more significant environmental effects, the decision - making body of the lead agency 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: 1. The City Council does hereby attest to its findings made October 17, 2005, that the Final EIR has been completed in compliance with CEQA; that the City Council 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 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. 2. The findings and recommendations set forth herein are made by this City Council as the City's findings under CEQA relating to the Project. The findings provide the written analysis and conclusions of the City Council regarding the Project's environmental impacts, mitigation measures and alternatives to the Project. 3. The City Council hereby adopts the mitigation measures in the Final EIR, summarized in the "Summary of Impacts and Mitigation Measures," attached to this resolution as Exhibit "A ", except as modified herein, as conditions of the Project. 4. The Mitigation Monitoring Program for the Project (the "Program ") is attached as Exhibit `B" and adopted as part of this resolution. The Program identifies impacts of the Project and corresponding mitigation measures, and designates the agency responsible for the implementation of each mitigation measure and for its monitoring, and the timing required for implementation of each mitigation measure. 5. The City Council hereby finds and recognizes that the Final EIR contains additions, clarifications, modifications and other information in its responses to comments on the Revised Draft EIR for the Project, and also incorporates information obtained by the City since the Revised Draft EIR was issued. This City Council hereby finds and determines that such changes and additional information are not significant new information as that term is defined under the provisions of CEQA, because such changes and additional information do not indicate that any new significant environmental impacts not already evaluated would result from the Project and do not reflect any substantial increase in the severity of any environmental impact. No feasible mitigation measures considerably different from those previously analyzed in the Revised 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 Revised 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 Revised Draft EIR or Final EIR for further public review and comment is not required under CEQA. MM673691.3 01- 110405-04706099 Resolution No. 2005 -81 6. The City Council does hereby designate the City Clerk's office of the City of Gilroy, at 7351 Rosanna Street, Gilroy, California 95020, as the location of and as the custodian of documents and the record of proceedings on which the decision to approve the Project is based. 7. The City Council does hereby make the following findings with respect to the significant effects on the environment of the Project based on facts within the administrative record as a whole, and as identified in the Final EIR, with the stipulation that all information in these findings is intended as a summary of the entire record supporting the Final EIR. Any mitigation measures and/or alternatives that were suggested by commenters on the Draft EIR and not adopted as part of the Final EIR are hereby expressly rejected for the reasons stated in the responses to the comments set forth in the Final EIR and in the record. SECTION I. FINDINGS CONCERNING SIGNIFICANT ENVIRONMENTAL EFFECTS A. AESTHETICS 1. Potentially Significant Impact - Change in Visual Character and Effects on Scenic Resources Viewed from Santa Teresa Boulevard. Unless properly designed, the project could result in substantial adverse effects on the visual character of the project site and its surroundings as well as on the scenic resources afforded by the project site from Santa Teresa Boulevard, resulting in a potentially significant impact. However, as recognized in the General Plan EIR, implementation of General Plan policies and actions will reduce visual quality and aesthetics impacts of developments anticipated under the General Plan to a less than significant level. The project is situated in the city limits, is nearly surrounded by urban development, and includes setbacks, parks, and preserved natural areas, minimizing the aesthetic impacts. Findings of Fact. The City Council finds that requiring preparation and implementation of a Santa Teresa Boulevard Landscaped Buffer Plan to be prepared prior to approval of the first tentative map and implemented in phases as development proceeds, in accordance with the specifications set forth in mitigation measure 1 of the Final EIR, are feasible, and fully enforceable through permit conditions, agreements, or other measures. The City Council also finds that requiring preparation of visual simulations demonstrating before and after views of proposed development with each application for projects adjacent to Santa Teresa Boulevard, in accordance with the specifications set forth in mitigation measure 2 of the Final EIR, are feasible, and fully enforceable through permit conditions, agreements, or other measures. Implementing both mitigation measures 1 and 2 would reduce this impact to a less than significant level. B. AIR QUALITY 1. Significant Unavoidable Impact— Conflict with the Clean Air Plan/Violate Air Quality Standards. The Project is inconsistent with the Clean Air Plan ( "CAP ") because the 1GB01673691.3 01- 110405-04706099 Resolution No. 2005 -81 Project is consistent with the General Plan, which is inconsistent with the CAP. This would be considered a significant unavoidable environmental impact. The Specific Plan includes provisions for pedestrian and bicycle trails and includes development of local commercial services that could be accessible by residents within the Specific Plan area. These elements of the Specific Plan would serve to reduce the number and length of vehicle trips taken by future residents, thereby marginally reducing vehicle related air emissions. The feasibility of extending transit service to one or more areas within the Specific Plan area has yet to be fully evaluated by the VTA. If service were feasible, this too would marginally reduce the generation of vehicular emissions from implementation of the Specific Plan. However, the impact would remain significant and unavoidable. Findings of Fact. The provisions and policies contained in the Glen Loma Ranch Specific Plan will not avoid or substantially lessen the impact. There are no mitigation measures that would reduce this impact to a less than significant level. Therefore, this impact remains significant and unavoidable. Statement of Overriding Considerations. See Statement of Overriding Consideration, Section III. 2. Cumulative Impact on Air Quality. Significant Unavoidable Impact — Conflict with the Clean Air PlanNiolate Air Quality Standards. The implementation of the Glen Loma Ranch Specific Plan would result in a significant cumulative impact on air quality. The provisions and policies contained the Glen Loma Ranch Specific Plan will not avoid or substantially lessen the impact. Therefore, this impact is considered to be cumulatively considerable and unavoidable. Findings of Fact. The provisions and policies contained in the Glen Loma Ranch Specific Plan will not avoid or substantially lessen the impact. There are no mitigation measures that would reduce this impact to a less than significant level. Therefore, this impact remains significant and unavoidable. Statement of Overriding Considerations. See Statement of Overriding Consideration, Section III. 3. Potentially Significant Impact — Project Construction— Expose Sensitive Receptors to Substantial Pollutant Concentrations. Large construction projects involving grading and other earth movement can generate significant quantities of PM10. Projects involving large amounts of earth movement near sensitive receptors such as residences or schools can have a potentially significant health impact. Sensitive receptors could be affected by emissions from construction equipment, as well as the generation of significant quantities of PM10 during site preparation activities. This is considered a potentially significant environmental impact. The Bay Area Air Quality Management District's approach to CEQA analysis of construction impacts is to emphasize implementation of effective and comprehensive control measures rather than detailed quantification of emissions. Findings of Fact. The City Council finds that requiring preparation and implementation of the dust control measures during grading and construction activities in accordance with the 1GB01673691.3 01- 110405 - 04706099 Resolution No. 2005 -81 specifications set forth in mitigation measure 3 of the Final EIR, are feasible, and fully enforceable through permit conditions, agreements, or other measures. Implementing this mitigation measure would reduce this impact to a less than significant level. C. BIOLOGICAL IMPACTS 1. Potentially Significant Impact — Burrowing Owl. As reported in the biological assessment and addendum, no evidence of burrowing owl was observed during field surveys. However, the Project could potentially affect burrowing owl directly or indirectly through habitat disturbance. Burrowing owl could occur in grassland habitats. Although the potential for burrowing owl to occur is low due to regular disking and surrounding development, both of which discourage burrowing owls from moving into an area, 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 would be a significant impact. Findings of Fact. The City Council finds that requiring pre - construction surveys prior to grading and construction activities, and if necessary, preparation of a habitat management plan, in accordance with the specifications set forth in mitigation measure 4 of the Final EIR, are feasible measures, and fully enforceable through permit conditions, agreements, or other measures. Implementing this mitigation measure would reduce this impact to a less than significant level. 2. Potentially Significant Impact — Loggerhead Shrike and Nesting Raptors. No evidence of loggerhead shrike or nesting raptors was observed during field surveys. However, development of the project site could potentially affect protected bird species directly or indirectly through habitat disturbance. Nesting shrike and raptors could occur in areas of oak/riparian woodland or mixed/cultivated woodlands. The project will result in no impacts to mixed/cultivated woodlands (or minor impacts [less than one acre] to mixed/cultivated woodlands with development of the Northern Commercial Reserve area adjacent to McCutchin Creek), and minor impacts (0.2 acres) to oak/riparian woodland. Should active nest(s) of loggerhead shrike and protected raptors species 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. Findings of Fact. The City Council finds that requiring pre - construction surveys prior to grading and construction activities, and subsequent measures if active nests are found, in accordance with the specifications set forth in mitigation measure 5 of the Final EIR, are feasible, and fully enforceable through permit conditions, agreements, or other measures. Implementing this mitigation measure would reduce this impact to a less than significant level. 3. Potentially Significant Impact — Bat Roosts and Sensitive Bat Species. No evidence of bat roosts was observed during field surveys. However, the project could potentially affect sensitive bat species directly or indirectly through habitat disturbance. Bat roosts could occur in areas of oak/riparian woodland or mixed/cultivated woodlands. The project will result in no impacts to mixed/cultivated woodlands (or minor impacts [less than one acre] to mixed/cultivated IG801673691.3 _5 _ 01- 110405 - 04706099 Resolution No. 2005 -81 woodlands with development of the Northern Commercial Reserve area adjacent to McCutchin Creek), and minor impacts (0.2 acres) to oak/riparian woodland. Should any bat roosts occur in the trees, any construction and site preparation activities could result in the direct loss or indirect disturbance of roosts. The loss of individuals of these species or their roosts would be a significant impact. Findings of Fact. The City Council finds that requiring pre - construction surveys prior to grading and construction activities, and the subsequent measures if active bat roosts are found, in accordance with the specifications set forth in mitigation measure 6 of the Final EIR, are feasible, and fully enforceable through permit conditions, agreements, or other measures. Implementing this mitigation measure would reduce this impact to a less than significant level. 4. Potentially Significant Impact — Sensitive Habitat. Riparian habitat is regarded as an important vegetation community because of the number of ecological functions it performs (e.g., nutrient removal, sediment stabilization, groundwater recharge) and its value as wildlife habitat and as a movement corridor for a number of common and special- status species. Loss of this resource is attributed to conversion of habitat to agricultural and urban land uses. In response to the reduction of riparian habitat, California Department of Fish and Game (CDFG) considers riparian woodland habitat to be a "high priority" habitat, which include habitats that are rare in California and worthy of consideration by the CDFG Natural Diversity Database. Oak woodlands are considered important natural communities because they provide a variety of ecological, aesthetic, and economic values. The extent of oak woodlands in California has declined as a result of agricultural conversion, urban development, fuel wood harvesting, and grazing. In response to this loss, CDFG, California Department of Forestry and Fire Protection, California Native Plant Society, and The Nature Conservancy have identified the conservation and management of oak woodlands as major issues. In addition, the oak/riparian woodland habitat and the water sources with which they are associated may be subject to U.S. Army Corps of Engineers (Corps) jurisdiction under Section 404 of the Clean Water Act, Regional Water Quality Control Board jurisdiction under Section 401 of the Clean Water Act, and California Department of Fish and Game jurisdiction under Section 1600 et. seq. of the Fish and Game Code. To ensure preservation of oak/riparian woodland habitat, Specific Plan policy POSG -3 specifies that development should not occur closer than 100 feet to a defined creek bank or tree canopy of a defined riparian area or 50 feet to other preserved open space areas (coastal scrub areas, mixed cultivated woodland, and rocky serpentine grassland areas). The policy also states that in certain neighborhoods within the Specific Plan area, other setback standards may be approved due to site constraints or to accomplish specific project goals, but shall in no event be less than 30 feet. The Specific Plan indicates that the Home Ranch neighborhood will include a reduced 30 -foot setback to oak woodland scrub area; however, no other neighborhoods in the Specific Plan area call for reduced setbacks. No construction is anticipated within the woodland buffer areas. To minimize impacts to oak/riparian woodland habitat along McCutchin Creek, the right -of -way for Merlot Drive has been designed to split at the oak tree cluster south of Club Drive and IGB01673691.3 01- 110405 - 04706099 Resolution No. 2005 -81 continue through the break in oak/riparian woodland habitat on either side. The impacts resulting from road construction are anticipated to be less than 0.20 acre. To minimize impacts to oak/riparian woodland habitat along Reservoir Canyon Creek, the right - of -way for Merlot Drive has been aligned to cross the creek at a natural break in oak/riparian woodland vegetation. The project includes a bridge that will span the creek. Construction of the bridge and associated abutments and support structures will not require removal of any significant vegetation. Findings of Fact. The City Council finds that the following measures are feasible, and fully enforceable through permit conditions, agreements, or other measures: • Design development to include adequate buffer areas to protect sensitive habitats, in accordance with the specifications set forth in mitigation measure 7 of the Final EIR. • Design development to avoid unnecessary filling or other disturbance of natural drainage courses and associated oak/riparian woodland vegetation, in accordance with the specifications set forth in mitigation measure 8 of the Final EIR. • Preparation of a habitat restoration plan in the event development results in the loss of oak and/or riparian woodland habitat, in accordance with the specifications set forth in mitigation measure 9 of the Final EIR. • Monitoring the construction of the Reservoir Canyon Creek Bridge to ensure that there are no impacts to wetlands and associated oak/riparian woodland habitat, in accordance with the specifications set forth in mitigation measure 10 of the Final EIR. • Development of a suitable ownership structure to take long -term responsibility for maintaining and funding the ongoing management of any open space, woodland, vegetation riparian, or other habitat conservation easements on site, in accordance with the specifications set forth in mitigation measure 11 of the Final EIR. • Management of the preserved serpentine rocky grassland on site to reduce indirect impacts resulting from public use, in accordance with the specifications set forth in mitigation measure 12 of the Final EIR. • Installation of siltation fencing, hay bales, or other suitable erosion control measures along portions of natural and manmade drainage channels in accordance with the specifications set forth in mitigation measures 13 of the Final EIR. • Preparation and implementation of a landscape plan for areas adjacent to riparian habitat, in accordance with the specifications set forth in mitigation measure 14 of the Final EIR. Implementing these mitigation measures would reduce this impact to a less than significant level. 5. Potentially Significant Impact — U. S. Army Corps of Engineers Jurisdictional Waters. The project was designed to avoid major impacts to the natural creeks and seasonal wetlands on the site. As part of the improvements associated with the Olive Grove, McCutchin Creek, and IGB01673691.3 01- 110405 - 04706099 Resolution No. 2005 -81 Palomino neighborhoods, the Specific Plan includes realignment of an existing man-made, linear, predominantly unvegetated drainage channel that originates from McCutchin Canyon. The existing drainage will be redirected along Santa Teresa Boulevard and will be revegetated. A preliminary estimate of total impacts to waters of the U.S. and wetlands is less than 0.07 acre. The loss of any waters of the U.S. or wetlands at a level that would require mitigation under applicable Army Corps of Engineers regulations would be considered a significant environmental impact in the event that such mitigation were not to be adopted and implemented. The drainage channel restoration identified in the Specific Plan will assist with mitigating this impact. Findings of Fact. The City Council finds that the drainage channel restoration identified in the Specific Plan, as well as requiring preparation of a wetland delineation for those portions of the project that may result in the removal or alteration of wetlands, in accordance with the specifications set forth in mitigation measure 15 of the Final EIR, is feasible, and fully enforceable through permit conditions, agreements, or other measures. Implementing this mitigation measure would reduce this impact to a less than significant level. 6. Potentially Significant Impact — Wildlife Movement. The project site is composed primarily of low - quality plant communities, such as the cultivated fields and grasslands. Most of the good quality habitat, such as oak/riparian woodland, mixed /cultivated woodland, coastal scrub, and rocky serpentine grassland, will be preserved. The main wildlife movement corridors most likely correspond to the woodland areas adjacent to creeks and drainages on site. Open space standards and guidelines identified in the Specific Plan call for these woodland areas to be preserved as open space and to be protected by buffer zones between the edge of riparian corridor and drainages to the edge of the project site. However, increased nighttime lighting and/or unleashed pets wandering into these open space areas could restrict the movement or activity of wildlife species occurring in these habitats. Findings of Fact. The City Council finds that the following measures are feasible, and fully enforceable through permit conditions, agreements, or other measures: • Open space standards and guidelines in the Specific Plan. • Preparation and implementation of a schematic lighting plan for each development proposal, in accordance with the specifications set forth in mitigation measure 16 of the Final EIR. • Preparation and implementation of a signage plan to address off -trail human disturbance, in accordance with the specifications set forth in mitigation measure 17 of the Final EIR. Implementing this mitigation measure would reduce this impact to a less than significant level. 7. Potentially Significant Impact — Tree Removals. General plan policy 20.04 provides direction that limits development in areas supporting rare and endangered species and requires mitigation for development that must occur in these areas. Implementation of the preserved open space standards and guidelines identified in the Specific Plan, as well as mitigation measures provided herein, will ensure consistency with this policy. IGB01673691.3 _ 01- 110405 - 04706099 -g Resolution No. 2005 -51 The City of Gilroy Consolidated Landscaping Policy, section 6.0, states that the following trees shall be designated significant: Existing native trees (naturally occurring species in Gilroy) six (6) inches or more in diameter, at a point four and one half (4 1/2) feet above the ground; or • Important to the historical or visual aspect of Gilroy (the hillside tree stands). Removal of any trees considered to be significant under the City of Gilroy Consolidated Landscaping Policy would be considered a significant adverse impact. Findings of Fact. The City Council finds that the following measures are feasible, and fully enforceable through permit conditions, agreements, or other measures: • Conducting a field survey by a certified arborist to determine the number and location of trees proposed to be removed in accordance with the specifications set forth in mitigation measure 18 of the Final EIR. • Fencing trees or groups of trees to prevent injury during construction, in accordance with the specifications set forth in mitigation measure 19 of the Final EIR. Implementing these mitigation measures would reduce this impact to a less than significant level. D. GEOLOGY AND SOILS 1. Potentially Significant Impact — Seismic Activity Relative to Soil Stability. Development at the project site is subject to potentially significant hazards due to the varied geologic and soils conditions throughout the project site. Geologic and soil hazards have the potential to result in substantial property damage and possible injury or loss of life. The following summarizes these geologic and soils conditions: • The shrink/swell potential at the project site varies from low to high. Approximately 60 percent of the project site in the southern region has a very low liquefaction hazard potential. The remaining 40 percent of the project site in the northern region has a moderate liquefaction hazard potential. • Approximately 30 percent of the project site is made up of soils with a moderate to high erosion hazard rating. Findings of Fact. The City Council finds that the requirement for preparation, submission, and implementation of recommendations in a soils investigation for development within the project area, in accordance with the specifications set forth in mitigation measure 20 of the Final EIR, is feasible, and fully enforceable through permit conditions, agreements, or other measures. Implementing this mitigation measure would reduce this impact to a less than significant level. 1GB01673691.3 01- 110405- 04706099 Resolution No. 2005 -81 2. Potentially Significant Impact — Seismic Effects on Structural Integrity. Potential seismic impacts to the project include failure or displacement of a structure located on a fault or from violent ground shaking. The project site may be affected by strong seismic shaking of the regional San Andreas, Hayward, and Calaveras faults. Findings of Fact. The City Council finds that requiring structures to be designed in accordance with the Uniform Building Code to minimize the potential for significant damage to life and property, in accordance with the specifications set forth in mitigation measure 21 of the Final EIR, is feasible, and fully enforceable through permit conditions, agreements, or other measures. Implementing this mitigation measure would reduce this impact to a less than significant level. 3. Potentially Significant Impact — Earthquake Faults. The majority of the project site is comprised of moderate and moderately high earthquake hazards. A portion of the project site is located within a fault rupture hazard zone. The project includes residential uses in the area of the site where the fault rupture hazard zone is indicated. Any fault activity on the project site could lead to severe damage to life and property. This would be a potentially significant impact. Findings of Fact. The City Council finds that the requirement for preparation, submission, and implementation of recommendations in a fault investigation for development within the project area, in accordance with the specifications set forth in mitigation measure 22 of the Final EIR, is feasible, and fully enforceable through permit conditions, agreements, or other measures. Implementing this mitigation measure would reduce this impact to a less than significant level. 4. Potentially Significant Impact — Soil Erosion. Although the soils on the project site have a low to moderate erosion, erosion may occur if the soils are unprotected during the rainy season. Soil erosion may lead to sedimentation of Uvas Creek or other riparian corridors located on -site which could reduce flood level capacities, diminish water quality and choke organisms. This is considered a potentially significant impact. Findings of Fact. The City Council finds that the following measures are feasible, and fully enforceable through permit conditions, agreements, or other measures: • Project developers shall comply with the State Water Resources Control Board's general permit for construction activities, including the filing of a Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) with the Regional Water Quality Control Board, which would address soil erosion impacts during construction. • Project developers shall comply with City requirements for preparation and implementation of an erosion and deposition control plan for all new development detailing appropriate methods of erosion and deposition control during site development and subsequent use (General Plan Action 25.17). • Project developers shall incorporate measures to protect stream habitats and drainages on the site, in accordance with the specifications set forth in mitigation measures 7 through 14 (pertaining to biological resources) and mitigation measures 23 through 26 (pertaining to surface water drainage) of the Final EIR. Implementing these measures would reduce this impact to a less than significant level. MO\673691.3 01- 110405 - 04706099 -10- Resolution No. 2005 -81 E. HYDROLOGY AND WATER QUALITY 1. Potentially Significant Impact — Flooding On- or Off -site. The project is not within a 100 - year flood zone as mapped by the FIRM issued by FEMA and therefore, would not place housing in a one percent flood zone. However, the project would increase the impervious surfaces at the project site and thus increase the site runoff, creating a need for additional floodwater retention on site. According to the Hydrologic Analysis (Schaaf & Wheeler 2003 and 2005 update), the impact of the increased peak discharge and runoff volume for all events can be mitigated through the construction of on -site detention. Findings of Fact. The City Council finds that requiring the Specific Plan include a detention pond or ponds to collect storm water in the case of peak storm events, in accordance with the specifications set forth in mitigation measure 23 of the Final EIR, is feasible, and fully enforceable through permit conditions, agreements, or other measures. Implementing this mitigation measure would reduce this impact to a less than significant level. 2. Potentially Significant Impact— Surface Water Quality During Construction. Grading will expose the soil to rain or wind erosion and subsequent transportation of the soils to on site drainages that may wash into Uvas Creek, the Pajaro River, and eventually Monterey Bay. Materials used and wastes generated during construction can also affect water quality. 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 vegetation removal during land clearing, and wood and paper materials from packaging of building products. Development of the project site would generate non -point source pollutants from newly established urban activity at the project site. Introduction of pollutants into a watercourse is considered a significant environmental impact. Findings of Fact. The City Council finds that requiring future developers to comply with the requirements of the Regional Water Quality Control Board and the Santa Clara Valley Water District, in accordance with the specifications set forth in mitigation measures 24 and 25 of the Final EIR, is feasible, and fully enforceable through permit conditions, agreements, or other measures. Implementing this mitigation measure would reduce this impact to a less than significant level. 3. Potentially Significant Impact— Surface Water Quality During Operation. The project would introduce new urban pollutants to the project site and this may result in polluted storm water entering McCutchin Canyon, Reservoir Canyon, the on -site wetland, the existing drainages, Uvas Creek, the Pajaro River, and eventually Monterey Bay. This would be a potentially significant adverse environmental impact. Findings of Fact. The City Council finds that requiring future applicants in the project area to prepare and implement a post - construction storm water management plan, in accordance with the specifications set forth in mitigation measure 26 of the Final EIR, is feasible, and fully enforceable through permit conditions, agreements, or other measures. Implementing this mitigation measure would reduce this impact to a less than significant level. 1GB01673691.3 -11- 01- 110405 - 04706099 Resolution No. 2005 -81 F. NOISE 1. Significant Impact— Increase in Traffic Noise Levels Along Santa Teresa Boulevard and Project Arterials. Buildout of the project would increase the existing traffic volumes by about 17 percent at Miller Avenue (Tenth Street) and by about 74 percent at Club Drive. Buildout of the General Plan would increase the existing traffic volumes by about 277 percent at Miller Avenue (Tenth Street) and by about 355 percent at Club Drive. In addition, internal project traffic along project arterials could also result in significant noise levels. This increase in traffic at General Plan buildout would result in significant noise impacts to development at the project site. Findings of Fact. The City Council finds that requiring future developers in the project area adjacent to Santa Teresa Boulevard to prepare and implement recommendations in a noise impact assessment to assure that these developments are in compliance with the City's noise standards, in accordance with the specifications set forth in mitigation measure 27 of the Final EIR, is feasible, and fully enforceable through permit conditions, agreements, or other measures. Implementing this mitigation measure would reduce this impact to a less than significant level. 2. Cumulative Impact on Noise at General Plan Buildout. The General Plan EIR found that future development within the City, consistent with the General Plan, will increase noise levels above the maximum permissible noise levels at existing, previously developed uses and result in a significant and unavoidable impact. The project, consistent with the General Plan, will contribute to these impacts. This is a significant impact and there are no feasible mitigation measures to reduce this impact to a less than significant level. Statement of Overriding Considerations. See Section III. 3. Potentially Significant Impact– Short -Term Construction Noise. Short-term noise could occur from construction activities at the project site. The temporary elevation of noise may pose a significant impact to sensitive receptors off -site. Construction equipment typically generates noise levels in the range of 70 to 90 dB at a distance of 50 feet. There are schools and residences in the vicinity that could be affected by the short-term noise increase. In addition, residences located near roads could be affected by increased noise levels from trucks hauling materials and equipment to the project site. Findings of Fact. The City Council finds that requiring future construction activities to comply with standard City requirements for construction scheduling and equipment, in accordance with the specifications set forth in mitigation measure 28 of the Final EIR, is feasible, and fully enforceable through permit conditions, agreements, or other measures. Implementing this mitigation measure would reduce this impact to a less than significant level. G. TRANSPORTATION 1. Potentially Potentially Significant Impact— Unsafe Conditions at Highway 101 /Castro Valley Road. Although this existing T- intersection currently operates at acceptable LOS B in the AM peak hour and marginally acceptable LOS D in the PM peak hour, the existing configuration and design speeds result in unsafe conditions for vehicles merging from Castro IGB01673691.3 -12- 01- 110405 - 04706099 Resolution No. 2005 -81 Valley Road onto Highway 101. The project would add traffic to this existing hazardous situation. Findings of Fact. The City Council finds that the improvements to Castro Valley Road at the Highway 25 off -ramp, in accordance with the specifications set forth in mitigation measure 29 of the Final EIR, are not within the responsibility and jurisdiction of the City of Gilroy to mitigate, but are within the responsibility and jurisdiction of the County of Santa Clara to mitigate. Implementing this mitigation measure would reduce this impact to a less than significant level. 2. Potentially Significant Impact— Monterey Road/Masten Avenue Intersection Level of Service. Under Background Conditions, this intersection would operate at unacceptable LOS D+ during the AM peak hour and unacceptable LOS D during the PM peak hour. The project would add traffic to this existing unacceptable level of service. Findings of Fact. The City Council finds that improvements to the Fitzgerald and Masten approaches to the Monterey Road/Masten Avenue intersection, in accordance with the specifications set forth in mitigation measure 30 of the Final EIR, are feasible, and fully enforceable through the collection of impacts fees for these improvements. Implementing this mitigation measure would reduce this impact to a less than significant level. 3. Potentially Significant Impact —Santa Teresa Boulevard /Miller Avenue Intersection Level of Service. Although the overall LOS at this intersection would be LOS A during both the AM and PM peak hours under Background Conditions, the worst approach would operate at LOS E during the AM peak hour and LOS C during the PM peak hour. Causing an intersection to operate at an unacceptable level of service is considered a significant adverse environmental impact. Findings of Fact. The City Council finds that improvements to the Santa Teresa Boulevard/Miller Avenue intersection, in accordance with the specifications set forth in mitigation measure 31 of the Final EIR, are feasible, and fully enforceable through the collection of impacts fees for these improvements. Implementing this mitigation measure would reduce this impact to a less than significant level. 4. Potentially Significant Impact— Monterey Road/Tenth Street Intersection Safety Impact. Although this intersection would operate at acceptable levels of service under Background Plus Project Phase I Conditions, there would be a safety impact associated with left- turn movements. Causing an intersection to operate in a hazardous manner is considered a significant adverse environmental impact. Findings of Fact. The City Council finds that improvements to the Monterey Road/Tenth Street intersection, in accordance with the specifications set forth in mitigation measure 32 of the Final EIR, are feasible, and fully enforceable through permit conditions, agreements, or other measures. Implementing this mitigation measure would reduce this impact to a less than significant level. 5. Potentially Significant Impact — Thomas Road /Luchessa Avenue Intersection Level of Service. Under Background plus Project Phase I Conditions, this intersection would operate at IGB01673691.3 -13- 01-110405-04706099 Resolution No. 2005 -81 unacceptable LOS E during the AM and PM peak hours. Causing an intersection to operate at an unacceptable level is considered a significant adverse environmental impact. Findings of Fact. The City Council finds that improvements to the Thomas Road/Luchessa Avenue intersection, in accordance with the specifications set forth in mitigation measure 33 of the Final EIR, are feasible, and fully enforceable through permit conditions, agreements, or other measures. Implementing this mitigation measure would reduce this impact to a less than significant level. 6. Potentially Significant Impact —Santa Teresa Boulevard /Fitzgerald Avenue Intersection Level of Service. Under Background plus Project Phase I and II Conditions, this intersection would operate at unacceptable LOS E during the PM peak hour. Causing an intersection to operate at an unacceptable level is considered a significant adverse environmental impact. Findings of Fact. The City Council finds that improvements to the Santa Teresa Boulevard/Fitzgerald Avenue intersection, in accordance with the specifications set forth in mitigation measure 34 of the Final EIR, are feasible, and fully enforceable through permit conditions, agreements, or other measures. Implementing this mitigation measure would reduce this impact to a less than significant level. 7. Potentially Significant Impact —Uvas Park Drive /Miller Avenue Intersection Level of Service. Under Background plus Project Phase I and II Conditions, this intersection would operate at unacceptable LOS D during the AM peak hour and unacceptable LOS E during the PM peak hour. Causing an intersection to operate at an unacceptable level is considered a significant adverse environmental impact. In addition, Miller Avenue southwest of this intersection through Christmas Hill Park is designated as a local street in the General Plan. Due to projected traffic volume increases, there are safety issues that must be addressed through the park area. Findings of Fact. The City Council finds that improvements to the Uvas Park Drive/Miller Avenue intersection, and preparation and implementation of a traffic management plan at this location, in accordance with the specifications set forth in mitigation measures 35 and 36 of the Final EIR, are feasible, and fully enforceable through permit conditions, agreements, or other measures. Implementing these mitigation measures would reduce this impact to a less than significant level. 8. Potentially Significant Impact —Santa Teresa Boulevard /First Street Intersection Level of Service. Under the Cumulative Projects plus Phase III Scenario, this intersection would operate at unacceptable LOS D during the PM peak hour. Causing an intersection to operate at an unacceptable level is considered a significant adverse environmental impact. Findings of Fact. The City Council finds that improvements to the Santa Teresa Boulevard/First Street intersection, in accordance with the specifications set forth in mitigation measure 37 of the Final EIR, are feasible, and fully enforceable through permit conditions, agreements, or other measures. Implementing this mitigation measure would reduce this impact to a less than significant level. \GBO \673691.3 -14- 01- 110405 - 04706099 Resolution No. 2005 -81 9. Potentially Significant Impact —Santa Teresa Boulevard /Ballybunion Drive Intersection Safety Impact. Although this intersection would continue to operate at acceptable levels of service under the Cumulative Projects plus Phase III Scenario, there is a significant safety impact associated with left tuning movements under cumulative conditions. Causing an intersection to operate in a hazardous manner is considered a significant adverse environmental impact. Findings of Fact. The City Council finds that improvements to the Santa Teresa Boulevard/Ballybunion Drive intersection, in accordance with the specifications set forth in mitigation measure 38 of the Final EIR, are feasible, and fully enforceable through permit conditions, agreements, or other measures. Implementing this mitigation measure would reduce this impact to a less than significant level. 10. Potentially Significant Impact —Uvas Park Drive/Miller Avenue Level of Service. This intersection would operate at unacceptable LOS E during both the AM and PM peak hours under the Cumulative Projects plus Phase III Scenario. Causing an intersection to operate at an unacceptable level is considered a significant adverse environmental impact. Findings of Fact. The City Council finds that improvements to the Uvas Park Drive /Miller Avenue intersection, in accordance with the specifications set forth in mitigation measure 39 of the Final EIR, are feasible, and fully enforceable through permit conditions, agreements, or other measures. Implementing this mitigation measure would reduce this impact to a less than significant level. 11. Potentially Significant Impact — Princevalle Street/Tenth Street Intersection Safety Impact. Although this intersection would continue to operate at acceptable levels of service, there is a significant safety impact associated with left turn movements under Cumulative Projects plus Phase III Scenario. Causing an intersection to operate in a hazardous manner is considered a significant adverse environmental impact. Findings of Fact. The City Council finds that improvements to the Princevalle Street/Tenth Street intersection, in accordance with the specifications set forth in mitigation measure 40 of the Final EIR, are feasible, and fully enforceable through permit conditions, agreements, or other measures. Implementing this mitigation measure would reduce this impact to a less than significant level. 12. Potentially Significant Impact— Thomas Avenue /Luchessa Avenue Intersection Level of Service. With implementation of the mitigation measure required under the Project Phase I scenario, under the Cumulative Projects plus Phase III Scenario this intersection would operate at unacceptable LOS E during the PM peak hour with implementation of the roundabout and LOS C during both the AM and PM peak hours with signalization and addition of a northbound right turn lane. Causing an intersection to operate at an unacceptable level is considered a significant adverse environmental impact. Findings of Fact. The City Council finds that improvements to the Thomas Avenue /Luchessa Avenue intersection, in accordance with the specifications set forth in mitigation measure 41 of the Final EIR, are feasible, and fully enforceable through permit conditions, agreements, or other 16601673691.3 -15- 01- 110405 - 04706099 Resolution No. 2005 -81 measures. Implementing this mitigation measure would reduce this impact to a less than significant level. 13. Potentially Significant Impact — Princevalle Street/Luchessa Avenue Intersection Level of Service. This intersection would operate at unacceptable LOS E during the PM peak hour under the Cumulative Projects plus Phase III Scenario. The worst approach (southbound) would operate at LOS F during both the AM and PM peak hours. Causing an intersection to operate at an unacceptable level is considered a significant adverse environmental impact. Findings of Fact. The City Council finds that improvements to the Princevalle Street/Luchessa Avenue intersection, in accordance with the specifications set forth in mitigation measure 42 of the Final EIR, are feasible, and fully enforceable through permit conditions, agreements, or other measures. Implementing this mitigation measure would reduce this impact to a less than significant level. 14. Potentially Significant Impact— Monterey Road/Luchessa Avenue Intersection Safety Impact. Although this intersection would continue to operate at acceptable levels of service, there is a significant safety impact associated with left turn movements under the Cumulative Projects plus Phase III Scenario. Causing an intersection to operate in a hazardous manner is considered a significant adverse environmental impact. Findings of Fact. The City Council finds that improvements to the Monterey Road/Luchessa Avenue intersection, in accordance with the specifications set forth in mitigation measure 43 of the Final EIR, are feasible, and fully enforceable through permit conditions, agreements, or other measures. Implementing this mitigation measure would reduce this impact to a less than significant level. 15. Potentially Significant Impact —Santa Teresa Boulevard /First Street Intersection Level of Service. This intersection would operate at unacceptable LOS D during the PM peak hour under the Cumulative Projects plus Phase III Scenario. Causing an intersection to operate at an unacceptable level is considered a significant adverse environmental impact. Findings of Fact. The City Council finds that improvements to the Santa Teresa Boulevard/First Street intersection, in accordance with the specifications set forth in mitigation measure 44 of the Final EIR, are feasible, and fully enforceable through permit conditions, agreements, or other measures. Implementing this mitigation measure would reduce this impact to a less than significant level. H. CULTURAL RESOURCES 1. Potentially Significant Impact — Cultural Resources. The project site is located in an archaeologically - sensitive area. Accidental discovery of significant archaeological resources or human remains would be considered a significant, adverse environmental impact. Findings of Fact. The City Council finds that requirements for protecting accidentally discovered archaeological resources or human remains, in accordance with the specifications set forth in mitigation measures 45 and 46 of the Final EIR, are feasible, and fully enforceable IGB01673691.3 -16- 01- 110405 -04706099 Resolution No. 2005 -81 through permit conditions, agreements, or other measures. Implementing these mitigation measures would reduce this impact to a less than significant level. I. HAZARDS AND HAZARDOUS MATERIALS 1. Potentially Significant Impact— Pesticides and Hazardous Materials in the Soils. It is unknown whether pesticides or other potentially harmful chemicals have been applied during past agricultural production. If historical uses included the application of pesticides or other potentially harmful chemicals, future development of the site has the potential to result in health risks to construction workers and people in the vicinity during excavation of the soil. This is a potentially significant impact. Findings of Fact. The City Council finds that requirements for identifying areas used for non- dryland crop production and preparation of environmental site assessments, as well as implementation of recommendation of those assessments, in accordance with the specifications set forth in mitigation measures 47 and 48 of the Final EIR, are feasible, and fully enforceable through permit conditions, agreements, or other measures. Implementing these mitigation measures would reduce this impact to a less than significant level. J. FIRE PROTECTION SERVICES 1. Potentially Significant Impact —Fire Hazards. The City Fire Marshal has determined that the project design has the potential to result in potentially significant fire hazards, mostly associated with the smaller lot sizes and the amount of open space and natural buffers provided for in the Specific Plan. Findings of Fact. The City Council finds that the following measures to reduce the risks of significant fire hazards, are feasible, and fully enforceable through permit conditions, agreements, or other measures: • Project proponent shall prepare a program for monitoring the need for development of the new fire station, in accordance with the specifications set forth in mitigation measure 49. • Residential fire sprinklers shall be installed in all residences over 3,000 square feet, in accordance with the specifications set forth in mitigation measure 50. • Project proponent shall have an urban wildland interface planner or other professional acceptable to the City Fire Marshal to address vegetation in the preserved open space and evaluate fuel modeling and fire behavior for existing vegetation, in accordance with the specifications set forth in mitigation measure 51. • The homeowner's association shall take full responsibility for management and maintenance of the preserved open space areas, in accordance with the specifications set forth in mitigation measure 52. Implementing these mitigation measures would reduce this impact to a less than significant level. IGB01673691.3 -17- 01- 110405 - 04706099 Resolution No. 2005 -81 SECTION II. FINDINGS CONCERNING PROJECT ALTERNATIVES Pursuant to CEQA Guidelines section 15126.6(d), the Final EIR identifies and evaluates the comparative merits of alternatives to the project, which could eliminate any significant adverse environmental impacts of the project or reduce them to a level of insignificance. These alternatives are evaluated in the Final EIR even if they would impede to some degree the attainment of project objectives or would be more costly. The project objectives are to develop a well - designed residential neighborhood consisting of a range of product types, including single family residential, multi - family residential, commercial, and associated public facilities such as schools, parks, and a potential fire station. The project is to contribute to the City's available housing stock to address the City's share of regional housing needs, including the development of workforce (i.e. affordable) and senior housing. Furthermore, the project objectives are to provide a planning tool that would be consistent with and provide implementation measures sufficient to execute the policies of the Neighborhood District as set forth in the Gilroy General Plan. The City of Gilroy policies for the Neighborhood District land use designation provide for more pedestrian friendly and less car dependent neighborhoods. It is the intention of the proposed project to create resident friendly neighborhoods, and build upon the City's more recent efforts to create pedestrian and bicycle accommodating roadways and paths, passive and active recreation, open spaces, and residences in proximity to jobs and commercial centers. A. NO PROJECT ALTERNATIVE Description. The no project alternative assumes that the Specific Plan area is not developed, but remains in its existing state. Comparison to the Proposed Project. This alternative would eliminate the project - specific, on -site impacts including aesthetics, agricultural resources, air quality, biological resources, geology and soils, hydrology and flooding, noise, transportation and traffic, cultural resources, mineral resources, public services, and utilities and service systems. However, because the project site is located within the existing city limits and is needed to meet the growing residential needs of the community, the no project alternative would likely result in new and unplanned growth beyond the existing city limits and urban service area, likely resulting in a greater degree of adverse, significant environmental impacts including, but not limited to, public services and loss of open space /farmland. Finding. The no project alternative would not meet the objectives of the Project and would not provide the variety of residential development needed by the City to meet its regional fair share housing requirements or provide tax revenues to the City from the commercial /retail portions of the project. This alternative is not consistent with the direction of the City's General Plan. For these reasons, this alternative is rejected. B. REVISED MIXED -USE PROJECT 1GB01673691.3 01- 110405 - 04706099 W:2 Resolution No. 2005 -81 Description. This alternative could be any combination of a mixed -use project consistent with the General Plan. Comparison to the Proposed Project. A revised mixed -use project would likely meet the objectives of the Project. However, the Project is consistent with the development densities and land use designations (Neighborhood District and Open Space) of the General Plan. The proposed uses within the Neighborhood District include various densities of residential, as well as commercial, public facilities, and parks. Therefore, because the Project proposes an appropriate mix of uses consistent with the General Plan, a revised mixed -use project was not evaluated in depth because it would not provide worthy data to foster informed decision making and public participation. Finding. The average residential density of the project is about 8.8 units per acre (1,693 units /192 acres), which is at the low end of the medium density range. Any reduction in the development densities of the Project (in an effort to reduce on -site environmental impacts) could result in off -site growth impacts, as anticipated growth within the City would need to occur elsewhere, most likely outside the City limits or the City's Urban Service Area. A revised mixed -use project would not result in a reduction of environmental impacts. For these reasons, this alternative is rejected. C. ALTERNATIVE LAND USES Description. This alternative would include an alternative land use such as industrial, commercial, or open space, or some combination thereof. Comparison to the Proposed Project. This alternative would not meet the basic objectives of the Project and would not be consistent with the General Plan. It would not provide the variety and number of housing required for the City to meet its regional fair share housing requirements. Industrial and/or commercial uses would provide additional taxes. Because the Project proposes an appropriate mix of uses consistent with the General Plan, an industrial /commercial /open space project was not evaluated in depth because it would not provide worthy data to foster informed decision making and public participation. Finding. The Project is consistent with the General Plan. An industrial/commercial /open space project would not be consistent with the General Plan and would not meet the basic project objectives. This type of alternative would not result in a reduction of environmental impacts. For these reasons, this alternative is rejected. D. ALTERNATIVE LOCATION 1 Description. This alternative project site has a General Plan land use designation of Neighborhood District and is located in the northern portion of the City's planning area. It is located outside of the City limits and Urban Service Area, north of Longmeadow Drive, south of Fitzgerald Avenue, east of Santa Teresa Boulevard, and west of Monterey Road. The size of the project could be accommodated within this area. Comparison to the Proposed Project. Llagas Creek and other drainages are located within this alternative location. This area is not served by municipal water and sewer, or other services, and 1GB01673691.3 _19- 01-110405-04706099 Resolution No. 2005 -81 because it is outside of the Urban Service Area, the City has made no provisions for serving development in this area in the near future. This area includes mostly Prime Farmland, and Farmland of Statewide Importance as designated by the Department of Conservation and has a "High" and "Moderate" agricultural suitability. Many of the parcels are currently under Williamson Act agricultural conservation contracts. Liquefaction hazards associated with seismic activity and soil conditions would be greater at the Project site than at this alternative location. Seismic hazards at the alternative site would be considered "Moderate ", and "High" and "Very High" in some areas. However, at either site, potential seismic and soils impacts can be mitigated to a less than significant level with construction and design consistent with the UBC. The potential for impacts to life and property due to flooding is greater at the alternative site where much of the area, especially east of Llagas Creek, is subject to 100 -year flood levels. Biological impacts may be less at the alternative site than at the Project site. Overall, although this alternative location is planned to be developed in the long -term, it should not be developed prior to development of the Project site. Finding. This alternative location would likely meet most, if not all of the Project objectives. However, alternative location 1 is outside of the City limits and the Urban Service Area, although it is within the City's long term planning area. The Project site is located both within the City limits and the Urban Service Area. Many of the environmental impacts, especially those associated with utilities, the provision of urban services, loss of important farmland, and flooding would be greater at this alternative location. For these reasons, this alternative is rejected. E. ALTERNATIVE LOCATION 2 Description. This alternative project site has a General Plan land use designation of Neighborhood District and is located in the southern portion of the City's planning area, generally east of Thomas Road, south of Luchessa Avenue, west of Uvas Creek, and northeast of Santa Teresa Boulevard. This area is less than half the size of the Project site and could not accommodate the growth proposed in the Glen Loma Ranch Specific Plan, thereby not meeting the objectives of the Project. Comparison to the Proposed Project. Although the General Plan designates this area for future Neighborhood District development, this entire area is outside of the existing Urban Service Area and the City limits. The entire site is comprised of Prime Farmland. The site does have access to VTA public transit, as there is a route that traverses along Thomas Road. The site is adjacent to an existing bike trail and includes future bikeways. Liquefaction hazards associated with seismic activity and soil conditions would be similar at the Project site. Seismic hazards at the alternative site would be considered "Moderate" and "Moderately High ". However, at either site, potential impacts can be mitigated to a less than significant level with construction and design consistent with the UBC. Based on the proximity of the alternative site to the Project site, biological impacts may be similar although would not impact as large of an area since the site is considerably smaller. Overall, although this alternative location is planned to be developed in the long -term, it should not be developed prior to development of the Project site. Finding. This alternative location would not meet the Project objectives, as it is about one -half the size of the Project. This alternative is outside of the city limits and the Urban Service Area, although it is within the City's long term planning area. The Project site is located both within 1GB01673691.3 -20- 01- 110405- 04706099 Resolution No. 2005 -81 the City limits and the Urban Service Area. Many of the environmental impacts, especially those associated with utilities, the provision of urban services, and the loss of important farmland, would be greater at this alternative location. For these reasons, this alternative is rejected. SECTION 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 impacts to Air Quality and cumulative impacts to Air Quality and Noise, 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, and there are no feasible mitigation measures to reduce theses impact to less than significant levels. B. Overriding Considerations The City Council finds that this project has eliminated or substantially lessened all significant impacts on the environment where feasible. The City Council finds that each of the benefits set forth in this Statement of Overriding Considerations constitutes a separate and independent ground for finding that the benefits of the Project outweigh the risks of its unavoidable significant adverse environmental impacts. The benefits of the Project, which constitute the specific economic, legal, social, technological and other considerations that justify the approval of the Project, are set forth below. C. Benefits of the Project 1. The Project will provide the following variety of housing opportunities that help the City meet its regional fair share housing requirements: • 250 senior, senior affordable, and affordable units; • 1443 market rate residential units including low- density, medium - density, and high - density units. 2. The Project will provide, or enable to be provided, the following public service facilities: schools, fire station, parks, and recreation trails. The Project is also designed at a density to make public transportation desirable, providing forms of transportation alternative to the automobile. 3. The Project will contribute to the City's tax base through the commercial /retail development. IGB01673691.3 01- 110405-04706099 -21- Resolution No. 2005 -81 4. The Project is an economical and efficient use of land that helps to reduce urban sprawl and thereby preserve open space and agricultural uses surrounding Gilroy by directing development to an area in the middle of the City surrounded by urban development. The City Council hereby finds that the benefits of the Project outweigh the significant and unavoidable Air Quality impacts and the significant and unavoidable cumulative Air Quality and Noise impacts of the Project identified in the Final EIR. 1GB01673691.3 01- 110405-04706099 [signatures on following page] -22- Resolution No. 2005 -81 PASSED AND ADOPTED this 7th day of November, 2005 by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS ATTE T: v►//iLfZl Rhonda Pellin, City Clerk 1GB016736913 01- 110405 - 04706099 -23- NONE NONE ert Pinheiro, Mayor Resolution No. 2005 -81 WOMMM .mss a--.q. -OMMI.,. �- Glen Loma Ranch Specific Plan Revised Draft EIR Summary TABLE S -1 Summary of Impacts and Mitigation Measures Area of Impact Level of Level Mitigation Mitigation Measure Mitigated Concern Number Impact Aesthetics Visual character as seen from Significant 1 Prepare and implement Yes Santa Teresa Boulevard Landscaped Buffer Plan Aesthetics Visual character as seen from Significant 2 Submit visual simulations with Yes Santa Teresa Boulevard future tentative map applications Air Quality Violation of air, quality Significant N/A None identified No standards /conflict with the CAP and Unavoidable Air Quality Construction emissions Significant 3 Dust control measures Yes Biological Burrowing owl Significant 4 Pre - construction field surveys Yes Resources during nesting season Biological Loggerhead shrike and nesting Significant 5 Pre - construction tree surveys Yes Resources raptors during nesting season Biological Bat roosts and sensitive bat species Significant 6 Pre - construction surveys Yes Resources Biological Riparian habitat, waters of the Significant 7 Project design with adequate, Yes Resources I U.S. protective buffers EMC Planning Group Inc. S -3 M X x H H H i Glen Loma Ranch Specific Plan Revised Draft EIR Summa Area of Impact Level of Mitigation Mitigation Measure Mitigated Concern Significance Number spa Biological Riparian habitat, drainage courses Significant 8 Project design to avoid filling Yes Resources or disturbance of riparian areas/ Construction activities during dry months /Prepare Habitat Restoration Plan Biological Loss of oak and /or riparian Significant 9 Prepare and implement Habitat Yes Resources woodland habitat Restoration Plan Biological Construction of Reservoir Canyon Significant 10 Biologist to monitor Yes Resources Creek bridge construction of bridge Biological Management of open space, Significant 11 Prepare and implement Yes Resources woodland, riparian, or other suitable ownership structure to habitat conservation easements ensure maintenance and funding of natural areas Biological Disturbance to serpentine Significant 12 Active management including Yes Resources grassland fencing and signage Biological Siltation of riparian/ drainage Significant 13 Siltation fencing and other Yes Resources areas during construction BMP's during construction activities Biological Landscaping- related Significant 14 Prepare landscape plan Yes Resources contamination of drainages Biological Disturbance to jurisdictional Significant 15 Prepare wetland delineation/ Yes Resources waters of the U.S. Obtain necessary permits/ Prepare detailed wetland mitigation plan Biological Wildlife movement corridors Significant 16 Submit lighting plan with Yes Resources future tentative map applications EMC Planning Group Inc. S-4 MAW M � M M M M M M = M in Am _ m M. Am Aff. Glen Loma Ranch Specific Plan Revised Draft EIR Summary Area of Impart Level of Mitigation Mitigation Measure Mitigated Concern Significance Number Impact Biological Wildlife movement corridors Significant 17 Prepare signage plan to address Yes Resources off -trail human disturbance Biological Tree removal Significant 18 Field survey by arborist and Yes Resources report of findings Biological Tree disturbance during Significant 19 Protection of trees during Yes Resources construction construction Geology and Seismic activity relative to soil Significant 20 Submit soils investigation/ Yes Soils stability Incorporate recommendations into final building plans Geology and Seismic effects on structural Significant 21 Design structures in Yes Soils integrity accordance with Uniform Building Code for seismic design Geology and Fault rupture hazard zone on site. Significant 22 Prepare fault investigation/ Yes Soils Implement recommendations in fault investigation Geology and Soil erosion impacts on drainages Significant 7,8,10,13, See Mitigation Measures Yes Soils and biological resources 24,25,26 referenced in column to the left Hydrology and Flooding on- and off -site from Significant 23 Implement detention pond(s) Yes Flooding increased site runoff to accommodate 100 -year flood levels Hydrology and Storm water quality during Significant 24 Prepare storm water pollution Yes Flooding construction due to polluted runoff prevention plan ( SWPPP)/ — impacts on drainages Submit SWPPP to RWQCB and City of Gilroy Planning Group Inc. S -5 Glen Loma Ranch Specific Plan Revised Draft EIR Summary Area of Impact Level of Mitigation Mitigation Measure Mitigated Concern Significance Number Impact Hydrology and Work within 50 -feet of water Significant 25 Obtain permit(s) from Yes Flooding courses under jurisdiction of SCVWD SCVWD Hydrology and Storm water quality during Significant 26 Prepare post - construction Yes Flooding operation storm water management plan /Implement BMP's during project operation Noise Traffic noise Significant 27 Prepare noise impact Yes assessment/ Implement recommendations/ Sensitivity to visual qualities of sound attenuation features Noise Cumulative traffic noise Significant N/A Gilroy General Plan policies No and 26.01 through 26.05 Unavoidable Noise Construction noise Significant 28 Limit construction Yes hours /Mufflers on equipment /Distance loud stationary equipment from sensitive receptors Transportation/ (Background Conditions) Safety at Significant 29 Roadway extension at Castro Yes Traffic Hwy 101 /Castro Valley Rd Valley Rd Transportation/ (Background Conditions) LOS at Significant 30 Addition of turning lanes/ Yes Traffic Monterey Rd /Masten Ave Change signal phasing Transportation/ (Background Conditions) LOS at Significant 31 Signalization at intersection Yes Traffic Santa Teresa Blvd /Miller Ave EMC Planning Group Inc. S -6 Glen Loma Ranch Specific Plan Revised Draft EIR Summary Area of Impact Level of Mitigation Mitigation Measure Mitigated Concern Significance Number Impact Transportation/ (Background Plus Project Phase I Significant 32 Change signal phasing for east- Yes Traffic Conditions) Safety at Monterey west travel Rd /Tenth St Transportation/ (Background Plus Project Phase I Significant 33 Implement roundabout at Yes Traffic Conditions) LOS at Thomas intersection/or Signalize Rd /Luchessa Ave intersection Transportation/ (Background Plus Project Phase I Significant 34 Signalize intersection /Add Yes Traffic and II Conditions) LOS at Santa east- and west -bound turn lanes Teresa Blvd /Fitzgerald Ave Transportation/ (Background Plus Project Phase I Significant 35 Add northbound left turn lane Yes Traffic and II Conditions) LOS at Uvas Park Dr /Miller Ave 36 Prepare and implement traffic Yes management plan of Miller Ave southwest of Uvas Park Dr Add second east- and west- Yes Transportation/ (Cumulative Plus Project Phase III Significant 37 bound left turn lanes Traffic Traffic Conditions) LOS at Santa Teresa Blvd /First St Transportation/ (Cumulative Plus Project Phase III Significant 38 Add southbound left turn Yes Traffic Traffic Conditions) Intersection land /Change north -south safety at Santa Teresa signal phasing Blvd /Ballybunion Dr EMC Planning Group Inc. S -7 Glen Loma Ranch Specific Plan Revised Draft EIR Summary Area of Impact Level of Mitigation Mitigation Measure Mitigated Concern Signcance ifi Number Impact Transportation/ (Cumulative Plus Project Phase III Significant 39 Signalize Uvas Park Dr /Miller Yes Traffic Traffic Conditions) LOS at Uvas Ave intersection /Add north - Park Dr /Miller Ave and south -bound turn lanes (see text for options) Transportation/ (Cumulative Plus Project Phase III Significant 40 Change signal phasing at Yes Traffic Traffic Conditions) Intersection intersection safety at Princevalle St /Tenth St Transportation/ (Cumulative Plus Project Phase III Significant 41 Add second lane to Yes Traffic Traffic Conditions) LOS at roundabout /or Add a second Thomas Ave /Luchessa Ave westbound left turn lane and westbound through lane /Widen Luchessa bridge to 4 lanes Transportation/ (Cumulative Plus Project Phase III Significant 42 Signalize intersection /Add an Yes Traffic Traffic Conditions) LOS at eastbound left turn lane Princevalle St /Luchessa Ave Transportation/ (Cumulative Plus Project Phase III Significant 43 Add second north- and west- Yes Traffic Traffic Conditions) Intersection bound left turn lanes at safety at Monterey Rd /Luchessa intersection Ave Transportation/ (Cumulative Plus Project Phase III Significant 44 Add an east- and west -bound Yes Traffic Traffic Conditions) LOS at Santa through lane on First St at Teresa Blvd /First St intersection Cultural Discovery of buried archaeological Significant 45 Halt construction if resources Yes Resources resources are encountered/ Hire a qualified archaeologist to identify the resource EMC Planning Group Inc. S -8 �. is moo i■ lkw� f 10� air � ANOM. = M M 1 M M ! 1 � 1 � � � � � � 7 Glen Loma Ranch Speck Plan Revised Draft EIR Summary Area of Impact Level of Mitigation Mitigation Measure Mitigated Concern Significance Number Impact Cultural Discovery of human remains Significant 46 Halt disturbance/ Contact Yes Resources coroner /Provide for proper burial if remains are of Native American heritage Hazards Human contact with persistent Significant 47 Identify former agricultural Yes pesticides in soil areas where pesticides may have been applied 48 Use map (see mitigation 47) to Yes develop and implement soil sampling plan to determine contaminant levels /Clean and dispose of any contaminated soils Public Services Demand for fire services Significant 49 Program to monitor need for Yes new fire station Public Services Fire safety - homes Significant 50 Install residential fire sprinklers Yes Public Services Fire safety — open space Significant 51 Prepare report to address Yes vegetative fuel management and appropriate fuel transition zones 52 HOA to manage seasonal Yes vegetation to reduce fuel loading Note: The mitigation measures identified above present a brief summary of the actual mitigation measures. The full text of the mitigation measures is presented in the correlating section of this EIR. Source: EMC Planning Group Inc. EMC Planning Group Inc. S -9 EXHIBIT B Mitigation Monitoring Program Glen Loma Ranch Specific Plan Mitigation Monitoring Program Introduction CEQA Guidelines section 15097 requires public agencies to adopt reporting or monitoring programs when they approve projects subject to an environmental impact report or a negative declaration that includes mitigation measures to avoid significant adverse environmental effects. The reporting or monitoring program is to be designed to ensure compliance with conditions of project approval during project implementation in order to avoid significant adverse environmental effects. The law was passed in response to historic non - implementation of mitigation measures presented in environmental documents and subsequently adopted as conditions of project approval. In addition, monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures. A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measure's compliance. This monitoring program is designed to provide a mechanism to ensure that mitigation measures and subsequent conditions of project approval are implemented. Monitoring Program The basis for this monitoring program is the mitigation measures included in the project environmental impact report. These mitigation measures are designed to eliminate or reduce significant adverse environmental effects to less than significant levels. These mitigation measures become conditions of project approval, which the project proponent is required to complete during and after implementation of the proposed project. The attached checklist is proposed for monitoring the implementation of the mitigation measures. This monitoring checklist contains all appropriate mitigation measures in the Final EIR. EMC Planning Group Inc. Mitigation Monitoring Program Glen Lom. ,nch Specific Plan Final EIR Monitoring Program Procedures The City of Gilroy shall use the attached monitoring checklist for the proposed project. The monitoring program should be implemented as follows: 1. The Gilroy Community Development Department should be responsible for coordination of the monitoring program, including the monitoring checklist. The Community Development Department should be responsible for completing the monitoring checklist and distributing the checklist to the responsible individuals or agencies for their use in monitoring the mitigation measures; 2. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring checklist have been complied with. Once all mitigation measures have been complied with, the responsible individual or agency should submit a copy of the monitoring checklist to the Community Development Department to be placed in the project file. If the mitigation measure has not been complied with, the monitoring checklist should not be returned to the Community Development Department; 3. The Gilroy Community Development Department will review the checklist to ensure that appropriate mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with at the appropriate time, e.g. prior to issuance of a use permit, etc. Compliance with mitigation measures is required for project approvals; and 4. If a responsible individual or agency determines that a non - compliance has occurred, a written notice should be delivered by certified mail to the project proponent within 10 days, with a copy to the Community Development Department, describing the non - compliance and requiring compliance within a specified period of time. If non - compliance still exists at the expiration of the specified period of time, construction may be halted and fines may be imposed at the discretion of the City of Gilroy. 2 EMC Planning Group Inc. Glen Loma Ranch Specific, , i Final EIR Mitigation Monitoring Program Glen Loma Ranch Specific Plan Mitigation Monitoring Checklist Step 1 Prior to approval of the Specific Plan, the following mitigation measure shall be implemented: 23. The specific plan shall be revised to include a detention pond or ponds to collect storm water in the case of 2 -, 10 -, 25 -, and 100 -year peak storm events. Detention ponds shall be designed according to the recommendations presented in the Hydrologic Analysis (Schaaf & Wheeler 2005) and should include, but not be limited to the following: a. The pond(s) should be located to collect the storm water runoff from the project site and discharge to either McCutchin or Reservoir Creeks. b. Any discharge from the pond(s) should release a maximum of storm water runoff for pre- project conditions (see tables 18 and 19 in the Draft EIR). C. The pond(s) should be sized a total of approximately 8.9 acre -feet to provide for appropriate storm water quantities and filter pollutants for the purpose of water quality. d. The pond(s) shall not replace any proposed preserved open space at the project site, as the preserved open space provides flood control and water quality benefits modeled in the Hydrological Analysis (Schaaf & Wheeler 2003). Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division Step 2 Prior to approval of the first tentative map, the following mitigation measure shall be implemented: Prior to the approval of the first tentative map, the project proponent shall prepare a Santa Teresa Boulevard Landscaped Buffer Plan to include, but not be limited to, the following components: • A buffer along the entire length of the boulevard, in varying identified widths depending upon topography and views into the site; • Landscaping along Santa Teresa Boulevard to enhance and blend into the natural landscape and screen, to the greatest extent feasible, views of structures including berm /sound wall combinations; • Design options for entry features consistent with General Plan policy 1.10; • Design options for berm /sound wall combinations and signs; and EMC Planning Group Mitigation Monitoring Program Glen Lon. .nch Specific Plan Final EIR Class I Santa Teresa Multi-Use Regional Trail. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division 12. The preserved serpentine rocky grassland on site shall be actively managed to reduce indirect impacts resulting from public use. This may include ranch -style wood fencing surrounding the knoll to protect the area from off -road vehicle use. Additionally, a short trail system could be installed to direct public access with interpretive signs at trailheads to educate the public on the uniqueness of the serpentine grassland community. The project proponent of any future development on the project site shall include habitat management measures in future project plans, subject to review and approval of the City of Gilroy Planning Division prior to approval of the tentative map for Canyon Creek and /or Rocky Knoll, whichever occurs first. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division 47. Prior to approval of the first tentative map, the applicant shall provide written verification and mapping of the approximate 17 percent of the project site previously used for non - dryland crop use (e.g., wine grapes, tomatoes, cucumbers, strawberries). Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division 48. Prior to approval of tentative maps, use permits, or architectural review applications of neighborhoods identified as part of mapping required in Mitigation Measure #47, the developer shall have a Phase I Environmental Site Assessment prepared. Based on the findings of the Phase I Environmental Site Assessment, 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. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division 49. Prior to approval of the first tentative map, the project proponent shall prepare a program for monitoring the need for development of the new fire station. The monitoring program shall be consistent with the requirements of the development agreement between the project proponent and the City of Gilroy and is subject to review by the City Fire Marshal. EMC Planning Group Inc. Glen Loma Ranch Specific i Final EIR Mitigation Monitoring Program Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Fire Marshal 51. Prior to approval of the first tentative map, the project proponent shall have an "urban wildland interface planner ", or other professional acceptable to the City of Gilroy Fire Marshal, prepare a report to address the vegetation in the Preserved Open Space and evaluate fuel management and modification. The report shall be based on fuel modeling and fire behavior for the existing vegetation. As each neighborhood adjacent to the Preserved Open Space is developed, the recommendations of the report shall be implemented by the developer in the adjacent Preserved Open Space. The required width of the Fuel Transition Zones shall also be at least the width as recommended in the report. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Fire Marshal Step 3 Prior to approval of each tentative map or use permit, the following mitigation measure shall be implemented: 7. Prior to approval of each tentative map or use permit, project plans for future development on the project site shall be designed to include adequate buffer areas to protect wetlands, waters of the U.S., oak /riparian woodland, and other open space areas to be preserved in the specific plans area (coastal scrub areas, mixed cultivated woodland, and rocky serpentine grassland areas), subject to review and approval of the City of Gilroy Planning Division. Project plans shall indicate that no development is to occur within 100 feet of a defined creek bank or edge of riparian corridor. Project plans shall indicate that no development is to occur within 50 feet of other open space areas; however, this setback may be reduced due to site constraints or to accomplish specific project goals subject to review and approval of the City of Gilroy Planning Division, but shall in no event be less than 30 feet. Wherever possible, buffer areas shall be planted with locally - obtained native grasses, shrubs and woodland understory species. Party responsible for implementation: Project Proponent Party responsible for monitoring. Gilroy Planning Division 8. Prior to approval of each tentative map or use permit, project plans for future development on the project site shall be designed to avoid unnecessary filling or other disturbance of natural drainage courses and associated oak /riparian woodland vegetation to the greatest extent feasible, subject to review and approval of the City of Gilroy Planning Division. In the event that disturbance of site drainages and associated oak /riparian woodland vegetation cannot be avoided (i.e., Reservoir Canyon Creek Bridge construction, culverts, storm drain outfalls, etc.), authorization from the California Department of Fish and Game EMC Planning Group Inc. 5 Mitigation Monitoring Program Glen Lon. .inch Specific Plan Final EIR through Section 1600 et. seq. of the Fish and Game Code and /or the U.S. Army Corps of Engineers through Section 404 of the Clean Water Act and the Regional Water Quality Control Board through Section 401 of the Clean Water Act shall be obtained, if required, prior to issuance of building or grading permits for any activity that might encroach on the site's drainages. Conditions imposed on these permits and /or authorizations may include but not be limited to the following: Construction work shall be initiated and completed during the summer and fall months when the drainages are dry, or at least have a very low flow. Typically, no construction work shall be allowed between October 15th and April 15th. A Habitat Restoration Plan shall be prepared to identify the exact amount and location of affected and replacement habitat, to specify on -site revegetation with locally - obtained native species within the buffer areas to mitigate habitat loss, and to provide specifications for installation and maintenance of the replacement habitat. Any loss of riparian or wetland vegetation resulting from construction activities shall be mitigated on -site at a minimum 3:1 replacement ratio. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division 13. Prior to approval of each individual tentative map or use permit, subject to the review of the Gilroy Planning Division, the project applicant shall install siltation fencing, hay bales, or other suitable erosion control measures along portions of natural and manmade drainage channels in which construction will occur and within 20 feet of construction and /or staging areas in order to prevent sediment from filling the creek. Party responsible for implementation: Project Proponent Party responsible for monitoring. Gilroy Planning Division 15. Prior to approval of a tentative map for each phase of the proposed project requiring removal or alteration to potential wetlands and /or waters of the U.S., a wetland delineation shall be prepared according to U.S. Army Corps of Engineers guidelines. The actual acreage of impacts to waters of the U.S. and wetlands shall be determined based on project plans for each development project and the wetland delineation for each development phase. The project proponent shall obtain all necessary permits and /or approvals from the U.S. Army Corps of Engineers and shall retain a restoration specialist to prepare a detailed wetland mitigation plan, if necessary, subject to review and approval by the U.S. Army Corps of Engineers and the City of Gilroy Planning Division. The plan shall include, but not be limited to, creation of wetlands on site to mitigate for 6 EMC Planning Group Inc. Glen Loma Ranch Specific .7 Final EIR Mitigation Monitoring Program unavoidable impacts to waters of the U.S. and wetlands resulting from development activities. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division 17. Prior to approval of a tentative map for each phase of the proposed project containing or adjacent to preserved natural open space areas, a signage plan shall be prepared to outline the language, number and location of signs to dissuade people from straying off trails and to prohibit unleashed dogs in the open space areas, subject to approval by the City of Gilroy Planning Division. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division 18. Prior to tentative map or use permit approval of areas that contain any significant tree(s), a field survey shall be conducted by a certified arborist to determine the number and location of each significant tree to be removed, the type and approximate size of each significant tree, and the reason for removal. These findings shall be included in a written report that contains specifications for replacing significant trees to be removed. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division 22. Project developers shall have a fault investigation performed for each tentative map or site plan approval within the fault rupture zone to determine if there is an active fault located within the fault rupture zone. The investigation shall determine, but not be limited to, the location of the fault (if any), and the anticipated severity of seismic activity of the fault. A copy of the report shall be presented to the City of Gilroy and the County of Santa Clara Planning Office. Project developers shall use the findings of the report for structural design or avoidance of the potential hazard. The fault investigations shall be subject to the review and approval by the City Engineering Division, prior to the approval of tentative maps and /or architectural and site plan approval. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division 27. Future developers adjacent to Santa Teresa Boulevard, and along internal project arterials, shall prepare a noise impact assessment, by a noise consultant acceptable to the City, to determine if the project would be significantly affected by general plan buildout traffic volumes. If the noise impact assessment EMC Planning Group Inc. 7 Mitigation Monitoring Program Glen Lon,. .inch Specific Plan Final EIR concludes that the project would not meet the noise standards of the general plan, the project shall be redesigned to be consistent with the general plan noise element policy 26.03 and 26.05, and with the noise standards in the Guidelines for Sound Attenuation and Visual Preservation of the Santa Teresa Boulevard Corridor Policy. The noise attenuation feature shall be no higher than seven feet above the existing grade at the property line. The appropriate height of the noise attenuation feature shall be incorporated into applicable tentative maps prior to their approval. Noise attenuation features shall be landscaped and primarily consist of earthen berms, and an appropriate funding mechanism for maintenance shall be identified. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division Step 4 Prior to recordation of the first final map and /or final improvement plans, the following mitigation measures shall be implemented: 11. Prior to recordation of the first final map within the Glen Loma Ranch Specific Plan area, the project proponent shall ensure that a suitable ownership structure (i.e., homeowner's association or similar mechanism) is established prior to occupancy to take long -term responsibility for maintaining and funding the ongoing management of any open space, woodland, vegetated riparian, or other habitat conservation easements on site. The homeowners' association, or other suitable mechanism, shall be structured so that it is responsible for enforcing habitat protection and maintenance measures to protect onsite biological resources. The homeowners' association may assess fines to property owners who are non - compliant with these measures. Fines assessed by the homeowner's association shall be used for on -site habitat protection, maintenance, and restoration, as necessary. Any noncompliance shall be reported to the City of Gilroy Planning Division and the California Department of Fish and Game by the homeowners association. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division 16. A schematic lighting plan shall be submitted with each development proposal for review and approval by the Planning Division. Exterior lighting for any development proposed adjacent to open space areas shall be of low stature (i.e., 20 feet) and shall be of a full cutoff design or include opaque shields to reduce illumination of the surrounding landscape. Lighting shall be directed away from open space areas. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division 8 EMC Planning Group Inc. Glen Loma Ranch Specitt, A Final EIR Mitigation Monitoring Program 26. Future applicants in the Glen Loma Ranch specific plan area shall prepare a post - construction storm water management plan, subject to the review and approval of the Gilroy Engineering Division prior to the approval of final improvement plans, that shall include structural and non - structural best management practices (BMPs) for the reduction of pollutants in storm water to the maximum extent practicable. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Engineering Division Step 5 Prior to approval of each final grading plan, the following mitigation measure shall be implemented: 3. Project proponents shall specify in project plans the implementation of the following dust control measures during grading and construction activities for any proposed development. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Engineering Division: The following measures shall be implemented at all construction sites: • Water all active construction areas at least twice daily; • Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; • Pave, apply water three times daily, or apply (non- toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; • Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; and • 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: • 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; EMC Planning Group Inc. Mitigation Monitoring Program Glen Long. .nch Specific Plan Final EIR • Install sandbags or other erosion control measures to prevent silt runoff to public roadways; and • Replant vegetation in disturbed areas as quickly as possible. The following measures are strongly encouraged at construction sites that are large in area, located near sensitive receptors or which for any other reason may warrant additional emission reductions: • Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; • Install wind breaks, or plant trees /vegetative wind breaks at windward side(s) of construction areas; • Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and • Limit the area subject to excavation, grading and other construction activity at any one time. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Engineering Division Step 6 30 days prior to commencement of grading or construction activities, the following mitigation measure shall be implemented: 4. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential habitat (i.e., grasslands), 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 within the survey area, a burrowing owl habitat mitigation plan shall be submitted to the California Department of Fish and Game for review and approval. The burrowing owl habitat mitigation 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). The habitat mitigation plan may include, but not be limited to, the following: Avoidance of occupied burrows during the nesting season (February 1 through August 31); 10 EMC Planning Group Inc. Glen Loma Ranch Specific. .n Final EIR Mitigation Monitoring Program 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; and /or Passive relocation of burrowing owls. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division 5. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential nesting habitat (i.e., riparian woodland and oak woodland), 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, or as recommended by the qualified biologist, shall be halted until the nest(s) are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting, as determined by the qualified biologist. If construction activities are not scheduled between March 1 and August 1, no further shrike or tree surveys shall be required. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division 6. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities for development proposed in or adjacent to potential roost habitat (i.e., riparian woodland and oak woodland), pre - construction surveys for bat roosts shall be performed by a qualified biologist. If bat roost sites are found, the biologist shall implement a program to remove /displace the bats prior to the removal of known roost sites. In addition, an alternate roost site shall be constructed in the vicinity of the known roost site. Specifications of the alternate roost shall be determined by a bat specialist. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division 19. Prior to commencement of construction activities, the protected zone of any trees or groups of trees to be retained shall be fenced to prevent injury to the trees EMC Planning Group Inc. 11 Mitigation Monitoring Program Glen Lon. nch Specific Plan Final EIR 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. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division Step 7 Prior to approval and issuance of the first building permit in Phase I, the following mitigation measures shall be implemented: 30. Add an eastbound and a westbound left -turn lane on the Fitzgerald and Masten approaches to the Monterey Road /Masten Avenue intersection, and change the east -west signal phasing from split phasing to protected phasing. This intersection is within the City of Gilroy's Transportation Master Plan and therefore, impact fees are collected for improvements at this intersection. Therefore, implementation of this mitigation measure is the responsibility of the project proponent, prior to issuance of the first building permit. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Engineering Division 31. Signalize the Santa Teresa Boulevard /Miller Avenue intersection. This intersection is within the City of Gilroy's Transportation Master Plan and therefore, impact fees are collected for improvements at this intersection. Therefore, implementation of this mitigation measure is the responsibility of the project proponent, prior to issuance of the first building permit. Party responsible for implementation: Project Proponent Party responsible for monitoring. Gilroy Engineering Division 32. Change the signal phasing at the Monterey Road /Tenth Street intersection for the east -west travel direction from permitted phasing to protected phasing. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase I. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Engineering Division 12 EMC Planning Group Inc. Glen Loma Ranch Specific, .n Final EIR Mitigation Monitoring Program 33. Convert the Thomas Road /Luchessa Avenue intersection to a one -lane modern roundabout. M Signalize the Thomas Road /Luchessa Avenue intersection, add a northbound right turn lane, and add a northbound right turn overlap phasing to the signal phasing. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit for Phase I. Note: The mitigated negative declaration for the planned elementary school within the specific plan, located on Luchessa Avenue within the Cabernet neighborhood, required implementation of this mitigation measure prior to opening the school. It was required due to unacceptable levels of services during the mid - afternoon peak hour. The mitigation measure requires the school district to pay their fair share of this improvement determined by agreement between the school district and the City of Gilroy. Party responsible for implementation: Project Proponent Party responsible for monitoring. Gilroy Engineering Division Step 8 Prior to approval and issuance of the first building permit in Phase II, the following mitigation measures shall be implemented: 34. Signalize the Santa Teresa Boulevard /Fitzgerald Avenue intersection and add eastbound and westbound left turn lanes. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase II. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Engineering Division 35. Add a northbound left turn lane to the Uvas Park Drive /Miller Avenue intersection. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase II. Party responsible for implementation: Project Proponent EMC Planning Group Inc. 13 Mitigation Monitoring Program Glen Lot,. inch Specific Plan Final EIR Party responsible for monitoring. Gilroy Engineering Division 36. Prepare a traffic management plan of the Miller Avenue street section southwest of the intersection with Uvas Park Drive. The project proponent shall be responsible for preparation of the plan. The plan shall be subject to review and approval by the City staff and constructed by the project, prior to issuance of the first building permit in Phase II. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Engineering Division Step 9 Prior to approval and issuance of the first building permit in Phase III, the following mitigation measures shall be implemented: 37. Add second eastbound and westbound left turn lanes to the Santa Teresa Boulevard /First Street intersection. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Engineering Division 38. Add a southbound left turn lane to the Santa Teresa Boulevard /Ballybunion Drive intersection and convert the north -south signal phasing from permitted phasing to protected phasing. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Engineering Division 39. Signalize the Uvas Park Drive /Miller Avenue intersection and add northbound and southbound left -turn lanes. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. EMC Planning Group Inc. Glen Loma Ranch Specific, .n Final EIR Mitigation Monitoring Program Note: This intersection would operate at LOS C during the AM and PM peak hours with implementation of this improvement. However, under General Plan Buildout Conditions, the Tenth Street Bridge would be required to be constructed. With the Tenth Street Bridge, this intersection would operate at LOS A during the AM peak hour and LOS C during the PM peak hour with NO improvements, e.g. signalization and lane additions. Therefore, the mitigation measure identified above would not be required under General Plan Buildout Conditions, assuming the Tenth Street Bridge were constructed. One option would be to only add the northbound left -turn lane as recommended in the previous scenario (Background Plus Project Phases I and II) and consider LOS E as an acceptable short term level of service for this intersection. Another option is to implement the mitigation measure above (signalize the intersection and add the left -turn lanes, which would improve operations to LOS C during the AM and PM peak hours), with the knowledge that the signal could be removed once the Tenth Street Bridge is constructed at General Plan Buildout Conditions. Party responsible for implementation: Project Proponent Party responsible for monitoring. Gilroy Engineering Division 40. Convert the signal phasing at the Princevalle Street /Tenth Street intersection from permitted phasing to protected phasing. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Engineering Division 41. If the Thomas Road /Luchessa Avenue intersection was converted to a one lane modern roundabout, add a second lane to the roundabout and widen the Luchessa Avenue Bridge to four lanes. This would result in LOS A during both the AM and PM peak hours. •• If the Thomas Road /Luchesss Avenue intersection was signalized and a northbound right turn lane was added, add a second westbound left turn lane and westbound through lane and widen the Luchessa Avenue Bridge to four lanes. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. EMC Planning Group Inc. 15 Mitigation Monitoring Program Glen Lon,, inch Specific Plan Final EIR Party responsible for implementation: Project Proponent Party responsible for monitoring. Gilroy Engineering Division 42. Signalize the Princevalle Street /Luchessa Avenue intersection and add an eastbound left turn lane. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Engineering Division 43. Add second northbound and westbound left turn lanes at the Monterey Street /Luchessa Avenue intersection. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Engineering Division 44. Add an eastbound and westbound through lane on First Street at its intersection with Santa Teresa Boulevard. The project proponent shall be responsible for paying for the design and implementation of this mitigation measure, prior to the issuance of the first building permit in Phase III. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Engineering Division Step 10 Prior to approval and issuance of building or grading permits, the following mitigation measures shall be implemented: 9. Any loss of oak and /or riparian woodland habitat resulting from development shall require the project proponent to retain a qualified biologist to prepare a Habitat Restoration Plan to identify the exact amount and location of affected and replacement habitat, specify an appropriate plant palette, and provide specifications for installation and maintenance of the replacement habitat. Replacement vegetation shall consist of locally - obtained native plant species. Any loss of riparian woodland vegetation shall be mitigated on -site at a minimum 16 EMC Planning Group Inc. Glen Loma Ranch Specific. i Final EIR Mitigation Monitoring Program of 3:1 replacement ratio, unless otherwise determined by the Department of Fish and Game and the City of Gilroy. Any loss of oak woodland vegetation shall require preservation of on -site oak woodland at a ratio of 3:1 and replanting on- site at a ratio of 1:1, unless otherwise determined by the Department of Fish and Game and the City of Gilroy. The Habitat Restoration Plan shall be prepared prior to issuance of building or grading permits for any activity requiring removal of oak and /or riparian woodland habitat, subject to review and approval of the City of Gilroy Planning Division and California Department of Fish and Game. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division 14. Prior to issuance of grading and /or building permits, the project proponent of any future development on the project site shall submit a Landscape Plan, for review and approval by the City of Gilroy Planning Division. Landscaping plans for areas adjacent to riparian habitat shall include appropriate guidelines to prevent contamination of drainages and their associated riparian habitat by pesticides, herbicides, fungicides, and fertilizers. Landscaping shall include appropriate native plants species and should not include plantings of non - native, invasive plant species. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division 20. Project proponents shall submit a soils investigation prepared by a qualified soils engineer for future development on the project site. The recommendation of the soils investigation shall be incorporated into final building plans, subject to the review and approval by the Gilroy Engineering Division prior to approval of any building permits. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Engineering Division 21. The project applicant shall design all structures in accordance with the Uniform Building Code for seismic design. In addition, all recommendations in the geotechnical reports prepared for the project shall be implemented. Structural design is subject to the review and approval by the Gilroy BLES Division prior to the issuance of building permits. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Building, Life, and Environmental Safety Division EMC Planning Group Inc. 17 Mitigation Monitoring Program Glen Lon.. ,inch Specific Plan Final EIR 24. The project applicant for any proposed development on the project site, shall, for each phase of the development, submit a Notice of Intent (NOI) and detailed engineering designs to the Central Coast RWQCB. The associated permit shall require development and implementation of a SWPPP that uses storm water "Best Management Practices" to control runoff, erosion and sedimentation from the site. The SWPPP must include Best Management Practices that address source reduction and, if necessary, shall include practices that require treatment. The SWPPP shall be submitted to the City of Gilroy Engineering Division for review and approval prior to approval of a building permit for each phase of the project. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Engineering Division 25. The project applicant shall submit plans for review by, and obtain an approved permit from the Santa Clara Valley Water District (SCVWD) prior to any work within 50 feet of on -site drainages, wetlands or riparian habitat. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division 28. Prior to issuance of a grading permit for all areas within the Specific Plan area, the following measures shall be incorporated into the project plans to mitigate construction noise, subject to the review and approval of the City of Gilroy Engineering Division: a. Construction shall be limited to weekdays between 7 AM and 7 PM and Saturdays and holidays between 9 AM and 7 PM, with no construction on Sundays; b. All internal combustion engine- driven equipment shall be equipped with mufflers that are in good condition and appropriate for the equipment; and c. Stationary noise - generating equipment shall be located as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Engineering Division 18 EMC Planning Group Inc. Glen Loma Ranch Specif), n Final EIR Mitigation Monitoring Program 45. 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 are discovered during construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division 46. 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), subject to the review and approval of the City of Gilroy Planning Division: If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. EMC Planning Group Inc. 19 Mitigation Monitoring Program Glen Lon. -inch Specific Plan Final EIR Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division Step 11 Prior to approval of commencement of construction activities associated with the Reservoir Canyon Creek Bridge, the following mitigation measure shall be implemented: 10. Prior to commencement of construction activities associated with Reservoir Canyon Creek Bridge, the project proponent responsible for construction of the bridge shall arrange for a qualified biologist to monitor bridge construction activities to ensure there are no impacts to wetlands and associated oak /riparian woodland habitat. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division Step 12 Prior to approval of the first occupancy permit, the following mitigation measure shall be implemented: 50. Residential fire sprinklers shall be installed in all residences within the specific plan area over 3,000 square feet, including single- family and multi - family town homes or apartments, and residential clusters with more than 25 units that lack secondary access. Residential fire sprinklers shall be installed prior to occupancy. Prior to approval of future development projects within the specific plan area, the City Fire Marshal may require that all residences have residential fire sprinkler systems, regardless of conditions stated above, especially if streets are narrow, buildings are closely spaced, emergency response time is not met, there is inadequate fire flow, building are adjacent to natural areas, or other conditions exist that could hinder the ability of the City of Gilroy Fire Department to perform fire suppression acts in such case they would be needed. The sprinklers shall be designed and installed in accordance with City of Gilroy Fire Department policies. Party responsible for implementation: Project Proponent Party responsible for monitoring. Gilroy Fire Marshal 52. The Glen Loma Ranch Homeowner's Association shall take full responsibility for management and maintenance of the preserved open space areas within the project site. Seasonal vegetation management should be scheduled to occur at the end of the rainy season and consistent with the annual weed abatement resolution. The HOA should implement any vegetation management in the Preserved Open Spaces and Fuel Transition Zones at the beginning of the weed 20 EMC Planning Group Inc. Glen Loma Ranch Specit). .i Final EIR Mitigation Monitoring Program abatement season. This language shall be included in the HOA conditions, covenants, and restrictions. Party responsible for implementation: Project Proponent Party responsible for monitoring: Gilroy Planning Division Note: Mitigation measure 29 is not the responsibility of the project proponent. 29. Lengthen the existing southbound acceleration lane at Castro Valley Road as an auxiliary lane between Castro Valley Road and the off -ramp to Highway 25. The combined acceleration/ auxiliary lane would extend the nearly 2,000 feet between Castro Valley Road and the off -ramp to Highway 25. This intersection is outside of the City of Gilroy's Transportation Master Plan and therefore, impact fees are not collected for improvements at this intersection. Therefore, implementation of this mitigation measure is the responsibility of the County of Santa Clara. Party responsible for implementation: County of Santa Clara Party responsible for monitoring: County of Santa Clara EMC Planning Group Inc. 21 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2005 -81 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 7th day of November, 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 11th day of January, 2006. I z; City Clerk of the City of Gilroy (Seal)