Resolution 2006-03RESOLUTION NO. 2006 -03
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 BARBERI URBAN SERVICE AREA
AMENDMENT (USA 04 -02), FOR WHICH A SUBSEQUENT ENVIRONMENTAL
IMPACT REPORT WAS PREPARED IN ACCORDANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND ADOPTING A
MITIGATION MONITORING PROGRAM FOR THE PROJECT
WHEREAS, the Project analyzed in the Final Subsequent Environmental Impact Report
"FEIR" is the Barberi Urban Service Area Amendment (USA 04 -02) and Prezoning to ND
(Neighborhood District) (Z05 -07), which would facilitate residential and commercial
development on approximately 28 acres located south of Luchessa Avenue, west of
Monterey Road, north of the City's partially constructed sports park and east of Uvas Creek
on Assessor's parcel numbers 808 -21 -008, 009, 016 and 018; and
WHEREAS, the FEIR evaluated a probable development scenario of 18,000 square feet
of commercial uses near Monterey Road, 220 small lot single - family residential units, and 30
apartments or condominiums on the remainder of the site; and
WHEREAS, the City of Gilroy in accordance with the State CEQA Guidelines section
15082 held a public scoping meeting on May 17, 2005; and
WHEREAS, the Planning Commission held a duly noticed public hearing on December
1, 2005, at which time the Commission considered public testimony, the staff report dated
November 22, 2005 and all other documentation related to the Project, and recommended
that the City Council certify the FEIR 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 FEIR on December 19, 2005 at which time the City Council received the full record of
the entire proceedings, took public testimony, and heard additional staff responses and
thereafter certified the FEIR as completed in accordance with CEQA; and
WHEREAS, the City Council is the decision making body for the Project; and
WHEREAS, the City Council intends to approve other actions related to the project as
identified in the FEIR dated November 15, 2005, State Clearinghouse Number 199802079;
and
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.
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF GILROY, AS FOLLOWS:
1. The City Council hereby finds that the FEIR has been completed in
compliance with CEQA, that the City Council has reviewed and analyzed the FEIR 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 FEIR and the Project, prior
to acting upon or approving the Project, and that the FEIR represents the independent
judgment of the City; and
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 Mitigation and Monitoring Program for the Project (the "Program ") is
attached to this resolution as Exhibit "A" and is incorporated and adopted as part of this
resolution. The Program identifies impacts of the Project and corresponding mitigation
measures and designates responsibility for mitigation implementation and the agency
responsible for the monitoring action.
4. The City Council hereby finds and recognizes that the FEIR contains
additions, clarifications, modifications and other information in its responses to comments on
the draft EIR ( "DEIR ") for the Project, and also incorporates information obtained by the
City since the DEIR 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 DEIR have been proposed that would lessen significant
environmental impacts of the Project, and no feasible alternatives considerably different from
those analyzed in the DEIR have been proposed that would lessen significant environmental
impacts of the Project.
5. 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 custodian of documents and
record of proceedings on which the decision is based.
6. The City Council does hereby adopt the mitigation measures in the FEIR as
set forth or modified herein as conditions of the Project.
7. The City Council does hereby make the findings herein 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 FEIR, with the stipulation that all information in
these findings is intended as a summary of the entire record supporting the FEIR.
8. The City Council does hereby find that with the exception of those impacts
identified as significant and unavoidable, the mitigation measures proposed in the FEIR and
adopted by the City will reduce impacts to a less than significant level.
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I. BARBERI URBAN SERVICE AREA AMENDMENT (USA 04 -02)
PROJECT FINDINGS OF SIGNIFICANT ENVIRONMENTAL IMPACT
A. AGRICULTURAL IMPACTS
Loss of Prime Agricultural Land - Project and Cumulative
1. Impact. Assessor's parcel numbers 808 -21 -008, 808 -21 -009, and 808-
21-018 are not in agricultural use, and the project will not result in significant
loss of agricultural land on those parcels. Assessor's parcel number 808 -21-
016 is in agricultural use and is about 26 acres with a LESA score that
indicates agricultural land of significant environmental value. The proposed
project would result in the loss of about 26 acres of prime farmland. This
would be a significant and unavoidable impact on both a project level and is
also considered to be cumulatively considerable. Implementation of the
City's Agricultural Mitigation Policy would be required. With the
implementation of the City Agricultural Mitigation Policy, the impact to
regional agricultural resources would be reduced, but would remain
significant and unavoidable.
2. Findings of Fact. The City of Gilroy City Council hereby finds that
the following mitigation measure is feasible and effective; however, it will not
fully mitigate significant adverse effects from the loss of prime farmland, and
therefore, this impact is unavoidable. The mitigation measure is fully
enforceable by the City of Gilroy, and the Gilroy Planning Division will
require documentation of compliance with the measure prior to the issuance of
project entitlements.
3. Partial Mitigation. The applicant shall negotiate with the City of Gilroy to
identify one of the following mitigation measures to reduce the impact on
agricultural resources:
a. Purchase an equal amount of land (1:1 ratio) of agricultural land within the
"Preferred Areas" and the transfer of ownership of this land to the Open
Space Authority or other City- approved agency.
b. Purchase of development rights to a 1:1 ratio on agricultural land within
the "Preferred Areas" and the transfer of ownership of these rights to the
Open Space Authority or other City- approved agency. The purchase value
of this agricultural conservation easement will be based upon the appraisal
of purchasing development rights and not fee -title rights.
c. Payment of an in -lieu fee will be based upon the lowest appraisal of
purchasing development rights in the "Preferred Areas."
See Section III: Statement of Overriding Considerations.
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B. AIR QUALITY IMPACTS
Construction Emissions
1. Impact. Sensitive receptors could be exposed to construction
emissions, including diesel, during construction.
2. Findings of Fact. The City of Gilroy City Council hereby finds that
the following mitigation measures are feasible and will, when implemented,
effectively mitigate the potentially significant health impacts associated with
construction equipment emissions. The mitigation measures are fully
enforceable by the City of Gilroy, and the City Engineering Division will
require compliance with the measures prior to issuance of grading or building
permits.
3. Mitigation. During construction, all diesel - powered engines shall be
required to have particle trapping filters to reduce the amount of polluting
emissions. Construction delivery trucks shall not idle for longer than two
minutes.
The following dust control measures shall be incorporated into all permits,
subject to the review of the City of Gilroy Engineering Division:
a. During construction all diesel - powered engines shall be required to have
particle trapping filters to reduce the amount of polluting emissions.
Construction delivery trucks shall not idle for longer than two minutes.
b. The idling time for construction equipment shall not exceed two minutes;
c. Limit the hours of operation of heavy -duty equipment and/or the amount
of equipment in use;
d. All equipment shall be properly tuned and maintained in accordance with
the manufacturer's specifications;
e. When feasible, alternative fueled or electrical construction equipment
shall be used at the project site;
f. Use the minimum practical engine size for construction equipment; and
g. Gasoline - powered equipment shall be equipped with catalytic converters,
where feasible.
Construction Dust
1. Impact. Sensitive receptors could be exposed to dust (PM10) from
grading operations and other soil disturbance during construction.
2. Findings of Fact. The City of Gilroy City Council hereby finds that
the following mitigation measures are feasible and will, when implemented,
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effectively mitigate the potentially significant health impacts associated with
construction dust. The mitigation measures are fully enforceable by the City
of Gilroy, and the City Engineering Division will require compliance with the
measures prior to issuance of grading or building permits.
3. Mitigation Measures. The following dust control measures shall be
incorporated into all permits for the proposed project, subject to the review
and approval of the City of Gilroy Engineering Division:
a. Water all active construction areas at least twice daily;
b. Cover all trucks hauling soil, sand, and other loose materials or require all
trucks to maintain at least two feet of freeboard;
c. 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;
d. Sweep daily (with water sweepers) all paved access roads, parking areas
and staging areas at construction sites;
e. Sweep streets daily (with water sweepers) if visible soil material is carried
onto adjacent public streets;
f. Enclose, cover and water twice daily or apply non -toxic soil binders to
exposed stockpiles (dirt, sand);
g. Limit traffic speeds on unpaved roads to 15 mph.
h. Install sandbags or other erosion control measures to prevent silt runoff to
public roadways;
i. Replant vegetation in disturbed areas as quickly as possible; and
j. Install wheel washers for all exiting trucks, or wash off the tires or tracks
of all trucks and equipment leaving the site.
Cumulative Air Quality Impacts
1. Impact. The Gilroy Revised General Plan EIR concluded that build -
out of the general plan would result in significant and unavoidable impacts to
air quality from vehicle emissions, and a statement of overriding
considerations was adopted when the Gilroy Revised General Plan EIR was
certified. The proposed project would contribute to significant unavoidable
cumulative air quality impacts.
2. Findings of Fact. The City of Gilroy City Council hereby finds that
the following mitigation measure will partially mitigate the impact but not to a
level of insignificance, and therefore the impact will remain significant and
unavoidable.
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3. Partial Mitigation: The policies in the General Plan addressing
improving air quality may assist with mitigating this significant and
unavoidable impact.
See Section III: Statement of Overriding Considerations.
C. BIOLOGICAL RESOURCES IMPACTS
Raptor Nests
1. Impact. Cottonwood and sycamore trees present near the project site
have the potential to provide suitable nesting habitat for raptors. If there are
active nest(s) of protected bird species present, 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.
2. Findings of Fact. The City of Gilroy City Council hereby finds that
the following mitigation measures are feasible and, when implemented, will
effectively mitigate the potential impacts to nesting raptors. The mitigation
measures are fully enforceable by the City of Gilroy, and the City Planning
Division will require compliance with the measures prior to issuance of
grading or building permits.
3. Mitigation. Pre - construction surveys for nesting raptors shall be
conducted by a qualified biologist if construction is to occur during the
nesting season (April 15 — August 1) to reduce impacts to a less than
significant level. If raptor nests are located during pre - construction surveys, a
qualified biologist shall establish a 300 -foot buffer around each nest for the
duration of the breeding season (until such time as the young are fully
fledged) to prevent nest harassment and brood mortality. Work may proceed
prior to August 1 only if a qualified biologist conducts nest checks and
establishes that the young are fully fledged. Every effort will be made to avoid
removal or impact to known raptor nests within project boundaries. If trees
known to support raptor nests cannot be avoided, removal of these trees will
only occur during the non - breeding season to reduce impacts to a less than
significant level.
Waters of the U.S.
1. Impact. Uvas Creek is located approximately 50 feet from the western
boundary of the project site. Disturbance to Uvas Creek would be a potentially
significant impact resulting from construction on the portions of the project
site nearest to Uvas Creek.
2. Findings of Fact. The City of Gilroy City Council hereby finds that
the following mitigation measure is feasible and, when implemented, will
effectively mitigate the impacts to Uvas Creek from construction- related
activities. The mitigation measures are fully enforceable by the City of
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Gilroy, and the City Planning Division will require compliance with the
measure prior to issuance of grading or building permits.
3. Mitigation. Prior to future development activities, a 50 -foot setback
from the high water mark of Uvas Creek shall be established for the protection
of the water corridor. Although a majority of this corridor is likely to occur
on the property owned by the Santa Clara Valley Water District, a portion of
the setback may occur on the project site. Grading and equipment shall not be
allowed within this setback. If disturbance is proposed within or above the
creek bed, a Section 404 permit from the USACE and a Streambed Alteration
Agreement from CDFG shall be obtained.
Establishment of Non - native plants
1. Impact. A number of invasive species listed on the California Exotic
Plant Council's Exotic Pest Plants of Greatest Ecological Concern in
California are present within the property boundaries. Grading and
disturbance associated with the proposed project would remove any native
plants and create the disturbed environment preferred by invasive species.
2. Findings of Fact. The City of Gilroy City Council hereby finds that
the following mitigation measure is feasible and, when implemented, will
effectively mitigate the potential for the project to remove native plants and
create an environment preferred by invasive species. The mitigation measure
is fully enforceable by the City of Gilroy, and the City Planning Division will
require compliance with the measure prior to issuance of grading or building
permits.
3. Mitigation. In order to prevent the spread of invasive non - native
species, the project proponent shall prepare a landscaping and re- vegetation
plan to include the following requirements:
a. An eradication plan for plants listed in California Exotic Plant Council's
Exotic Pest Plants of Greatest Ecological Concern in California currently
growing on the project site;
b. Use of plants listed in California Exotic Plant Council's Exotic Pest Plants
of Greatest Ecological Concern in California shall be prohibited;
c. Exposed soil areas shall be planted, mulched, or covered between October
15 and the following April 15 each year•,
d. Plant materials used in landscaping, erosion control, or habitat restoration
shall consist of plants that are included in an appropriate native California
plants as identified by a qualified biologist or landscape architect; and
e. To prevent erosion and conserve water, bare soil between newly installed
plant materials shall be mulched, covered with jute netting, or seeded with
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a mix of seeds best suited for the climate and soil conditions, and native to
the Gilroy region.
D. NOISE IMPACTS
Construction Noise
1. Impact. Short-term noise could occur from construction activities at
the project site. The temporary elevation of noise may pose a significant
impact to nearby residents.
2. Findings of Fact. The City of Gilroy City Council hereby finds that
the following mitigation measure is feasible and, when implemented, will
effectively mitigate construction noise impacts. The mitigation measure is
fully enforceable by the City of Gilroy, and the City Planning Division will
require compliance with the measure prior to issuance of grading or building
permits.
3. Mitigation. Prior to issuance of a grading permit, 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
and Building divisions:
a. Construction shall be limited to weekdays between 7 AM and 7 PM, and
Saturdays between 9 AM and 7 PM, with no construction on Sundays or
City holidays;
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.
Noise Exposure at Proposed Residences in Excess of City Standards
1. Impact. Proposed residences on the project site along Monterey Street
and Luchessa Avenue would experience noise levels that exceed the City's
standards for residences.
2. Findings of Fact. The City of Gilroy City Council hereby finds that
the following mitigation measure is feasible and, when implemented, will
effectively mitigate the exterior noise impacts on future residences at the
project site. The mitigation measure is fully enforceable by the City of
Gilroy, and the City Planning Division will require compliance with the
measure prior to approval of project entitlements.
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3. Mitigation. Associated with project -level environmental review when
residential development applications are submitted, a detailed noise
assessment study shall be conducted for the proposed development. The study
shall include descriptions of the exterior and interior noise exposures under
existing and future conditions and the mitigation measures necessary to
achieve compliance with the City of Gilroy Noise Element and the State of
California Code of Regulations, Title 24 (as applied to multi - family housing).
If residential lots are proposed within 235 feet south of the Luchessa Avenue
centerline (195 feet from the present property line), or within 470 feet of the
centerline of Monterey Street, up to a nine -foot tall noise barrier may be
required between the lots and Luchessa Avenue or Monterey Street. The
barrier shall be consistent with the policies of the general plan, and if feasible,
shall be an earth berm. Specific mitigation measures identified in the project
specific noise assessment shall be incorporated into the project design.
Noise Exposure at Proposed Commercial
1. Impact. A preliminary evaluation concluded that no commercial
building doors or operable windows should be allowed within 110 feet south
of the Luchessa Avenue centerline, or within 225 feet west of the of Monterey
Street centerline, and no outdoor use should be allowed in these areas, because
exterior noise levels could exceed City standards and be considered a
significant impact.
2. Findings of Fact. The City of Gilroy City Council hereby finds that
the following mitigation measure is feasible and, when implemented, will
effectively mitigate the long -term noise impacts on future commercial
businesses at the project site. The mitigation measure is fully enforceable by
the City of Gilroy, and the City Planning Division will require compliance
with the measure prior to approval of project entitlements.
3. Mitigation. Associated with project -level environmental review when
commercial development applications are submitted, a detailed noise
assessment study shall be conducted for the proposed development. The study
shall include descriptions of the exterior and interior noise exposures under
existing and future conditions and the mitigation measures necessary to
achieve compliance with the City of Gilroy Noise Element. Specific
mitigation measures identified in the project specific noise assessment shall be
incorporated into the project design.
Noise Impact on Existing Residences North of Luchessa Avenue
1. Impact. Traffic generated by the proposed project would increase
ambient noise levels along Luchessa Avenue by one to two decibels. Under
cumulative, long -term conditions, the increase would be a total of two to three
decibels.
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2. Findings of Fact. The City of Gilroy City Council hereby finds that
the following mitigation measure is feasible and, when implemented, will
effectively mitigate the cumulative exterior noise impacts on residences north
of Luchessa Avenue. The mitigation measure is fully enforceable by the City
of Gilroy, and the City Planning Division will require compliance with the
measure prior to approval of project entitlements.
3. Mitigation. The developer shall review the existing barrier along
Luchessa Avenue to determine if a three -foot high extension could be added.
If this is not effective and/or feasible, a new, nine -foot high barrier shall be
constructed in its place. The extension or new barrier shall be constructed
prior to issuance of a grading permit for the project site, or when the City
determines that noise exposure at this location exceeds city standards. The
developer shall be responsible for the cost to study and construct the
replacement wall or extension. The entire wall shall be textured and colored,
and screened to the extent feasible with drought tolerant, low maintenance
landscaping. Any new wall shall be constructed within existing non - access
strips on private property, if existing, otherwise immediately adjacent to the
property boundary on the public right -of -way. Construction of a noise barrier
greater than seven feet in height would be considered a significant visual
impact, in accordance with the City of Gilroy thresholds of significance for
aesthetics.
Sport Park Generated Noise
1. Impact. Sports park noise at the southern boundary of the project site
would exceed City standards for residential uses.
2. Finding of Fact. The City of Gilroy City Council hereby finds that the
following mitigation measure is feasible and, when implemented, will
effectively mitigate the noise impacts to the project from the adjacent sports
park. The mitigation measure is fully enforceable by the City of Gilroy, and
the City Planning Division will require compliance with the measure prior to
approval of project entitlements.
3. Mitigation. Prior to issuance of building permits for residences with
yards within 175 feet of the sports park, the applicant shall demonstrate that
noise levels at residential yards are in compliance with the standards of Gilroy
General Plan Policy 26.02. This may be accomplished by the construction of
a six -foot sound barrier; however, such barrier shall not impinge on the
SCVWD flood flowage easement recorded on the project site. A noise study
shall be prepared, based on final improvement plans, to demonstrate that the
residences are adequately protected from noise impacts.
Residential Interior Noise Levels
1. Impact. Traffic noise would result in interior noise levels in existing
and proposed residences in excess of City standards.
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2. Findings of Fact. The City of Gilroy City Council hereby finds that
the following mitigation measure is feasible and, when implemented, will
effectively mitigate the interior noise impacts on future residences at the
project site. The mitigation measure is fully enforceable by the City of
Gilroy, and the City Building Division will require compliance with the
measure prior to approval of project entitlements.
3. Mitigation. Subject to the review and approval of the City of Gilroy
Building Division, the applicant for any residential development on the
project site shall conduct an acoustical study and establish engineering
requirements to be included in construction plans to maintain interior noise
levels at no greater than 45 dBDNL. Approaches to noise reductions could
include use of triple pane windows, ventilation systems with non - operable
windows, or noise attenuating wall construction.
E. AESTHETIC IMPACTS
Noise Barrier Visual Impact
1. Impact. A noise barrier higher than seven feet results in a significant
visual impact. Because a nine -foot high wall is necessary to adequately
mitigate the noise impact to the residents on the north side of Luchessa
Avenue, and may be required to mitigate future development on the project
site, the secondary aesthetic impact is considered unavoidable. According to
the noise study prepared for the project, the noise levels in the backyards of
the residences on the north side of Luchessa Avenue would exceed the City's
acceptable standards under cumulative project conditions, with or without the
project.
2. Findings of Fact. The City of Gilroy City Council hereby finds that
there are no feasible mitigation measures that would reduce the visual impacts
associated with a noise barrier required to mitigate for noise impacts to a less
than significant level.
See Section III: Statement of Overriding Considerations.
F. TRAFFIC IMPACTS
Left turn delays at Monterey Street/Tenth Street Intersection.
1. Impact. This intersection would operate at an overall acceptable level
of service during project conditions. However, the permitted phasing for the
eastbound and westbound left -turn movements causes excessive delays for
left - turning vehicles. The proposed project would add volume to the
westbound left -turn movement during both peak hours, which could
exacerbate this condition and result in a potentially significant impact.
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2. Findings of Fact. The City of Gilroy City Council hereby finds that
the following mitigation measure is feasible and, when implemented, will
effectively mitigate the unacceptable left turn delays at the Monterey
Street/Tenth Street intersection. The mitigation measure is fully enforceable
by the City of Gilroy, and the City Engineering Division will require
compliance with the measure prior to approval of project entitlements.
3. Mitigation. The developer of the first project on the project site shall
install a full eight -phase signal operation at the Monterey Street/Tenth Street
intersection to provide protected left turns on the eastbound and westbound
approaches and increase the capacity of the left -turn movement. The signal
shall be installed prior to issuance of the first residential or commercial
occupancy permit, subject to review and approval by the City Engineering
Division.
Commercial Site Access
1. Impact. Access to the commercial site if proposed from Monterey
Street could result in conflicts with other movements along Monterey Street.
This is a potentially significant impact.
2. Findings of Fact. The City of Gilroy City Council hereby finds that
the following mitigation measure is feasible and, when implemented, will
effectively mitigate the potential access conflicts with vehicle movement
along Monterey Street. The mitigation measure is fully enforceable by the
City of Gilroy, and the City Engineering Division will require compliance
with the measure prior to approval of project entitlements.
3. Mitigation. Prior to Architectural and Site Review Approval for the
commercial area or high- density residential uses along Monterey Street, or
other residential development if an access street is proposed to connect to
Monterey Street, a traffic study and engineering design shall be performed to
evaluate traffic flow and turning movements along Monterey Street and
Luchessa Avenue, and determine suitability of driveway locations on
Monterey Street and Luchessa Avenue. If necessary, full access may be
provided by an internal street. Driveways along Monterey Street shall be
limited to right turns in and out.
Pedestrian and Bicycle Circulation
1. Impact. Continuous sidewalks are not provided on the south side of
Luchessa Avenue, restricting pedestrian access in and around the project site,
and resulting in a potentially dangerous pedestrian environment.
2. Findings of Fact. The City of Gilroy City Council hereby finds that
the following mitigation measure is feasible and, when implemented, will
effectively mitigate the potentially significant safety impacts for pedestrians
and bicyclists on Luchessa Avenue. The mitigation measure is fully
enforceable by the City of Gilroy, and the City Engineering Division will
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require compliance with the measure prior to approval of grading or building
permits.
3. Mitigation. The developer shall construct frontage improvements
along Luchessa Avenue and Monterey Street concurrent with adjacent
development on the project site. The pedestrian improvements shall be
completed prior to the issuance of occupancy permits for the adjacent uses.
The frontage improvements shall include construction of a half - street section
including the eastbound lanes of Luchessa Avenue, the southbound lanes of
Monterey Street, and adjacent sidewalks, curbs, gutters, and landscaping, and
the re- striping of the pedestrian crosswalks serving the southwest corner of the
Monterey Street and Luchessa Avenue intersection.
Site plans and tentative maps shall include the following bicycle and
pedestrian connections: a connection to the Uvas Creek trail. Any
modifications to the Uvas Creek trail will need to approved by the Santa Clara
Valley Water District and the United States Army Corps of Engineers
Emergency Branch Division. Future trail connections will need to be
addressed in a revised joint use agreement with the Water District.
Cumulative Traffic Impacts
1. Impacts. Under cumulative conditions, the Monterey Street/Tenth
Street intersection would operate at an unacceptable LOS E during both peak
hours, and the following intersections would operate at unacceptable LOS F
during both peak hours: Luchessa Avenue /Thomas Road; Luchessa
Avenue /Princevalle Street; Monterey Street/Luchessa Avenue; and Monterey
Street/Tenth Street.
2. Findings of Fact. The City of Gilroy City Council hereby finds that
the following mitigation measure is feasible and, when implemented, will
effectively mitigate the unacceptable level of service at vicinity intersections.
The mitigation measure is fully enforceable by the City of Gilroy, and the City
Engineering Division will require compliance with the measure prior to
approval of grading or building permits.
3. Mitigation. If the following improvements, or equivalent as
determined by the Gilroy Engineering Division, are not included in the City's
traffic fee program at the time traffic impact fees are paid, the developer shall
pay a pro -rata share of the cost of each improvement not included in the fee
program in addition to standard traffic impact fees. The project that triggers
unacceptable levels of service at these locations will be required to design and
construct the improvements and submit their costs to the City for
reimbursement out of the traffic impact fee program funds.
1. Luchessa Avenue and Thomas Road: a traffic signal or traffic circle;
2. Luchessa Avenue and Princevalle Street: a traffic signal;
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3. Monterey Street and Luchessa Avenue: an additional northbound left -turn
lane and widening of the west leg to provide two receiving lanes for the
northbound left - turning vehicles;
4. Monterey Street and Tenth Street: a second southbound left -turn lane, a
westbound overlap phase, one left -turn lane, two through lanes, and one
separate right -turn lane on northbound Monterey Street.
The development that triggers the improvements is responsible for the design
and construction of the mitigation measure. If the improvements are traffic
impact fee related, the developer will be reimbursed based on City policies
and procedures.
G. CULTURAL RESOURCES IMPACTS
Discovery of Unknown Archaeological Resources and Human Remains
1. Impact. It is possible that that construction of the proposed project
could disturb unknown archaeological resources. This would be a potentially
significant impact.
2. Findings of Fact. The City of Gilroy City Council hereby finds that
the following mitigation measure is feasible and, when implemented, will
effectively mitigate for the potential disturbance of unknown archaeological
resources. The mitigation measure is fully enforceable by the City of Gilroy,
and the City Planning Division will require compliance with the measure prior
to approval of grading or building permits.
3. Mitigation. Due to the possibility that significant buried
archaeological resources might be found during construction, the City of
Gilroy shall ensure that the following language is included in any grading or
construction documents issued for the proposed project that could include
earth movement:
If archaeological resources are discovered during construction,
work shall be halted at a minimum of 200 feet from the find and the
area shall be staked off. The project developer shall notify a
qualified professional archaeologist. If the find is determined to be
significant, appropriate mitigation measures shall be formulated and
implemented.
In the event of an accidental discovery or recognition of any human remains
in any location other than a dedicated cemetery, the City of Gilroy shall
ensure that the following language is included in any grading or construction
documents issued for the proposed school that could include earth movement
in accordance with CEQA Guidelines section 15064.5(e):
If human remains are found during construction there shall be no
further excavation or disturbance of the site or any nearby area
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reasonably suspected to overlie adjacent human remains until the
Gilroy Police Department has contacted the coroner of Santa Clara
County 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 from the deceased Native American. The
most likely descendent 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 most likely
descendent or the most likely descendent 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.
H. HYDROLOGY IMPACTS
FEMA Flood Zones
1. Impact. About four acres at the eastern end of the project site are
within the FEMA 100 -year flood zone, and subject to less than one foot of
inundation during a 100 -year storm. This area may be developed with
housing or commercial uses if the pad elevations are raised to at least one foot
above flood elevation. Less than one acre in the south - central portion of the
project site is within a recorded flood flowage easement, held by the Santa
Clara Valley Water District.
2. Findings of Fact. The City of Gilroy City Council hereby finds that
the following mitigation measures are feasible and, when implemented, will
effectively mitigate for the flood potential in the south - central portion of the
project site. The mitigation measures are fully enforceable by the City of
Gilroy, and the City Engineering Division will require compliance with the
measure prior to approval of project entitlements, or grading permit,
whichever is required within each mitigation measure.
3. Mitigation. Prior to approval of a tentative map or architectural and
site review for the area located within the flood zone, the applicant shall
submit a hydrology report, prepared for the project by a qualified hydrologist
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or engineer, to address issues of site drainage, storm water run -off quantity
and quality, and on -site storm water flow, subject to the review and approval
of the City of Gilroy Engineering Division and SCVWD prior to issuance of a
grading permit. All grading, design or other recommendations of this report
shall be incorporated into project plans. The easement area shall be kept clear
of any type of buildings or structures for human habitation, and no other
structures shall be constructed or maintained except as may be approved by
the District, and no excavation shall be conducted and no landfill placed on
the land without such approval as to the location and method of excavation
and/or placement of landfill.
The applicant shall be required to prepare storm drainage improvement plans
for each project phase, subject to the review and approval of the City of
Gilroy Engineering Division and SCVWD prior to approval of the final map.
The storm drainage improvement plan shall be designed to maintain post -
development run -off rates at or below existing run -off rates, and pre
development rates at the 1 year, 2 year and 5 year mark.
The applicant shall, for each phase of the project, submit a Notice of Intent
(NOI) and detailed engineering designs to the Central Coast RWQCB. This
permit shall require development and implementation of a SWPPP that uses
storm water "Best Management Practices" to control runoff, erosion and
sedimentation from the site. The SWPPP must include Best Management
Practices that address source reduction and, if necessary, shall include
practices that require treatment. The SWPPP shall be submitted to the City of
Gilroy Engineering Division for review and approval prior to approval of a
grading permit for each phase of the project. Engineering designs shall
address feasible post construction water quality measures such as siltation
ponds and filters.
For projects located within 50 feet of Uvas Creek, the applicant shall submit
plans for review by, and obtain an approved permit from the Santa Clara
Valley Water District ( SCVWD) prior to approval of a grading permit.
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.
One project objective is to develop a residential neighborhood consisting of a range of
product types, including small lot single family residential units, apartments and
condominiums to contribute to the City's available housing stock and to address the City's
share of regional housing needs. Another project objective is to contribute to the City's tax
base through the commercial/retail component of the development. A project objective is to
provide a development consistent with the newly adopted zoning ordinance implementing the
policies of the Neighborhood District as set forth in the Gilroy General Plan. City objectives
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for development, which the proposed project meets, are to insure orderly, contiguous patterns
of development, and to encourage urban development adjacent to existing urban
development. This project is contiguous to existing commercial and residential development
within the City limits.
A. NO PROJECT ALTERNATIVE
1. Description. The no project alternative occurs if the City denies
application USA 04 -02 requesting inclusion of the property into the City's
USA boundary, or if the City's request of LAFCo for this USA boundary
amendment is denied. The property is then assumed to remain as agricultural.
2. Comparison to the Proposed Project. The project site would remain
outside the City's USA boundary and within the unincorporated area of Santa
Clara County with a County zoning designation of agricultural A -20. There
would be no urban development of the site.
3. Findings. The no project alternative would be the environmentally
superior alternative, because by keeping the project site in its current
agricultural use under the County zoning designation for agricultural uses,
there would be no significant environmental impacts. However, the no project
alternative would not meet the objectives of the project. Neither would it
meet the City's objectives for the project: to provide a residential development
with a variety of housing types needed by the City to meet its regional fair
share housing requirements and to provide tax revenue to the City from the
commercial/retail development, such urban development to occur in an
orderly, contiguous pattern. For these reasons, this alternative is rejected.
B. ALTERNATE LOCATION
1. Description. The alternate location is along the west side of Monterey
Street near Cohansey Avenue. The alternate location is comprised of six
parcels with a total of 34.7 acres. The alternate location is within the Gilroy
USA boundary and city limits. Most of the alternate location is designated
Neighborhood District in the general plan. The southeastern corner (about
two acres) is designated General Services Commercial. Although the
alternate location is about five acres larger than the project site, almost half of
this difference is a Santa Clara Valley Water District ( "SCVWD ") parcel with
a drainage channel.
2. Comparison to the Proposed Project. Although this site is partially
in agricultural use (hay production), the development of the project on this site
would not convert prime agricultural land to urban uses. The project in this
location would, however, result in similar traffic generation, so project and
cumulative air quality impacts would remain significant and unavoidable.
The impacts to biological resources, the noise impacts, and the transportation
and traffic impacts would be similar to those at the proposed project location.
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nendment Subsequent EIR
This site already receives public services, such as police and fire, but the site
is lightly developed, and if the project were developed here, then additional
services would be required and impact fees assessed as with the proposed
project. Water and wastewater services can be made available at this location,
although most of the parcels are not currently served. The capacity required
mirrors that of the proposed project, but the impact as a result of providing the
services is less because this site is already within the City and therefore has
been planned to receive such services.
3. Finding. While some impacts are the same as with the proposed
project, this alternative would be the second environmentally superior
alternative, after designation of the no project alternative as the
environmentally superior alternative, because this location avoids the loss of
prime farmland. This alternative location would meet some, possibly all, of
the Project objectives. However, this site is bisected by a SCVWD channel,
and could make a comprehensive planned development of the site less
feasible. In addition, this property is under the control of another developer,
whose application for approval of a residential development on this site has
been processed by the City, recommended for approval by the Planning
Commission, and is currently before the City Council. For these reasons, this
alternative is rejected.
C. INCREASED COMMERCIAL
1. Description. The "reduced residential/additional commercial"
alternative would decrease the number of single - family residences and
increase the amount of commercial uses. The commercial area would be
increased to about 38,000 square feet, on about three acres, and would be
expanded westward along Luchessa Avenue to the intersection with Hyde
Park Street. The main entrance to the commercial area would be from the
extension of Hyde Park Street. The single - family residential would be
reduced to about 200 units, and the high density residential would remain at
30 units.
2. Comparison to the Proposed Project. The conversion of prime
farmland would remain significant and unavoidable with this development,
and the impacts to biological resources would remain the same. The impacts
from noise on existing residents to the north of Luchessa Avenue and on
proposed residential units on the western portions of the site along Luchessa
would remain the same, and therefore possibly result in a significant and
unavoidable visual impact due to soundwalls, such as that of the proposed
project. Demand for police and fire services would be similar, but demand for
parks and schools would be slightly reduced due to the reduction in residential
units. The demand for wastewater would be similar to the proposed project,
but the demand for water would be greater and create an increased impact to
the provision of utilities and service systems. The additional commercial
alternative would result in about a 40 percent increase in traffic, and the
additional traffic volumes may further reduce the levels of service at nearby
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intersections. The superior entry location to the commercial development,
placing it closer to residential, may somewhat lessen those impacts by
reducing auto trips. Even so. the overall traffic increases result in increased
emissions compared to the proposed project, and thereby increase the project
and cumulative significant and unavoidable impacts on air quality.
3. Finding. This alternative would likely meet most, if not all of the
Project objectives and the City's objectives. However, the environmental
impacts either essentially remain the same or would be greater with this
alternative. 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 and unavoidable
project and cumulative impacts to Agricultural lands, significant and unavoidable Visual
impacts, and significant and unavoidable project and cumulative impacts to Air Quality, as
disclosed in the Final EIR. These impacts, though partially mitigated, would not be reduced
to a less than significant level, and there are no identified feasible mitigation measures that
would do so.
B. Overriding Considerations
The City Council finds that this Project has avoided 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 a variety of housing opportunities that help the
City meet its regional fair share housing requirements, including small lot single
family residential development, and also apartments and condominiums.
2. The Project will contribute to the City's tax base through the
commercial/retail component of the development.
3. The project site has been in the City of Gilroy 20 -year Planning Area since
1979.
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4. The Project is consistent with General Plan Policy 1.01 to insure an
orderly, contiguous pattern of development. This site is adjacent to urban
development.
5. 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 at the edge of the
City contiguous to existing commercial and residential development.
The City Council hereby finds that the benefits of the Project outweigh the significant and
unavoidable project and cumulative impacts on Agricultural lands, the significant and
unavoidable Visual impacts, and the significant and unavoidable project and cumulative Air
Quality impacts as identified in the Final EIR.
IV. ADOPTION OF THE MITIGATION MONITORING PROGRAM
The City Council hereby adopts the Mitigation Monitoring Program attached hereto as
Exhibit "A" and incorporated herein by this reference.
PASSED AND ADOPTED this 23rd day of January, 2006 by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATT T-
Rhonda Pellin, City Clerk
ARELLANO,BRACCO,CORREA,
GARTMAN, VALIQUETTE,
VELASCO and PINHEIRO
NONE
NONE
APPROVED:
A rt inheiro, Mayor
1 -20 EMC Planning Group Inc.
Exhibit A: Mitigation Monitoring Program for Barber! Urban
Service Area Amendment (USA 04 -02)
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 negativ:° de'iaration that ir_cludes mitigation measures to avoid significant
adverse environme rt:l 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 2i,oJect ,cDnditio -1s wo,_H. irnelu le enough detailed information and
enforcement proccd -. re..s tc ensure the measure's compliance. This monitoring program
is designed to prow de ,3 mcchanisrn to ensure that mitigation measures and subsequent
conditions of project approval are implemented.
Monitoring Program
The basis for this r.Lionitoring program is the mitigation measures included in the project
environmental impact report. These mitigation measures are designed to eliminate or
reduce significant adverse environmental effects to less than significant levels. These
mitigation measures become conditions of project approval, which the project proponent
is required to complete during and after implementation of the proposed project.
The attached checklist is proposed for monitoring the implementation of the mitigation
measures. This monitoring checklist contains all appropriate mitigation measures in the
environmental tnpac t, Y.-port.
Monitoring Program Procedures
The City of Gilroy shall use the atrached monitoring checklist or the Barber! Urban
Service Amendment. The monitoring prog..rani should be implemented as follows:
1. The Gilroy Community Development Department should be responsible for
coordination of the monitoring program, inciuding the monitoring checklist. The
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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 se*_urned to the Comrnuniiy Der-eiopmezit 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 responsibl ind"N:'dual or ager_cy dcterm:in,�s that a non—ccmp'_iance has
occurred, a writr,- -i notice should be delive_ed by certified mail to the project
proponent witi.l 10 days, wit". a cop} " - Ummun?ty reeve '-opr: ?ent
Department, describing the Zion- compliance and requiring compliance within a
specified period of tirne. If no - compliancc sill exists at the expiration of the
specified period of time, construction :nay be halted and fines may be imposed at
the discretion of taz City of Gihoy.
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Barberi Urban Service Area Amendment
Mitigation Monitoring Checklist
Step 1
Prior to approval of project entitlements the following mitigation measure shall be
implemented:
1. The applicant shall negotiate with the City of Gilroy to identify one of the
following mitigation measures to reduce the impact to agricultural resources:
a. Pt.rchas,' an equal amount of land (1:1 ratio) of agricultural land within the
"Preferred Areas" and the transfer of ownership of this land to the Open
Space Authority or other City- approved agency.
b. Purchase of develorment rights to a 1:l ratio on agricultural land within the
"Preferred Areas" and the transfer of ownership of these rights to the Open
Space Authority or other City- approved agency. The purchase value of this
agricultural conservaTM:on eases ent will be based upon the appraisal of
purcha-4ing development rights and not fee -title rights.
c. Payricin c `z.n in -li(:u fie will be based upon the lowest appraisal of
purchasing development rights in the "Preferred Areas."
Party responsible for implementation: Applicant
Party reslnonsiL1,1'e for monito -ing: Gilroy Planni -tg Division
9. Associated witb project -level environmental review when residential
developme�r.t applications are submitted, a, detailed noise assessment study shall
be conducted for the proposed development. The study shall include descriptions
of the ext ° -ri�;r and interior nmse cxposures under existing and future conditions
and the mitigation measures necessar<� to achieve compliance with the City of
Gilroy Noise Element and the State of California Code of Regulations, Title 24
(as applied to multi- family housing).
If residential lots:.rre proposed within 235 f,°et south of the Luch °ssa Avenue
centerline (195 feet from the present property line), or within 470 feet of the
centerline n f T\To _Zterey Street, up to a nine -#pot tall noise barrier may be required
between the lc is and Lucht °ssa A ven-ae or 14cntcrey Street. The barrier shall be
consistent with the policies of the general plan, and if feasible, shall be an earth
berm.
Party responsible fcr irnplemeni-ation.
Party responsible fior monitoring
f pplicant
Gilroy Planning Division
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10. Associated with project -level environmental review when commercial
development applications are submitted, a detailed noise assessment study shall
be conducted for the proposed development. The study shall include descriptions
of the exterior and interior noise exposures tinder existing and future conditions
and the mitigation measures necessary to achieve compliance with the City of
Gilroy Noise Element.
Specific mitigation measures identified in the project specific noise assessment
shall be incorporated into the project design.
Party responsi''le_fo'' i °iaptenzen.�crtior..* A17"91icant
Party responsible for monitoring: Gilroy Planning Division
Step 2
Prior to tentative map or architectural amid site approval, the following mitigation
measures shall be implemented:
15. Prior to Architectural and Site Review Approval for the commercial area or high -
density resider i-�, u.ies along Monterey St.eer:, o.r other residential development if
an access street Is proposed to connect to Monterey Street, a traffic study and
engineering design shall be performed to evaluate traffic flow and turning
movements along Monterey Street and Luchessa Avenue, and determine
suitability of driveway locations on Monterey Street and Luchessa Avenue. If
necessary, full access may be provided by an internal street. Driveways along
Monterey StIz—A 3h_H �c'.imjte . t:) _ight tu.-iis in and out.
17. Site plans and tentative maps shall include the following bicycle and pedestrian
connections
a. a connection to "re Uvas Creek grail; Any rp- odifications to the Uvas Creek
trail will need to app:ro X(l by the Santa Clara Valley Water District and the
United States Army Corps of Engineers Emergency Branch Division.
Future trail connections wD need to be addressed in a revised joint use
agreemen�;
20. Prior to approval of a tentative snap or architectural and site review for the area
located within the- flood zcne, th° appiicf nt shall submit a hydrology report,
prepared for the project by a qualified hydrologist or engineer, to address issues of
site drainage, stcrni water run-off quantity and quality, and on -site storm water
flow, subjezt no ,he re�:evr a:_d approval of trig City ofIS ilroy Engineering
Division and SCY1XD prioj- co i,.�suarlce of a grading pernia. All grading, design
or other recorr mmdations of his report shall be incorporated into project plans.
The easement area shall he kept clear of any type of buildings or struct,_:es for
human hati:t:rti_-,n, and no other structures shall be constructed or maintained
except except as may be approved by the District, and no excavation shall be
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conducted and no landfill placed on the land without such approval as to the
location and method of excavation and/or placement of landfill.
21. The applicant shall be required to prepare storm drainage improvement plans for
each project phase, subject to the review and approval of the City of Gilroy
Engineering Division and SCVWD prior to approval of the final map. The storm
drainage improvement plan shall be designed to maintain post - development run -
off rates at or below existing run -off rates for the 1 -year, 5 -year, 10 -year, and 100 -
year storm events.
22. The applicant s? all, fox each phz.se of the projecr; submit a Notice of Intent (NOI)
and detailed engineering designs to the Central Coast RWQCB This permit
shall require development and implementation of a SWPPP that uses storm water
"Best Manaa °merit Practi;:es" to control runoff, erosion and sedimentation from
the situ. The S'A'PPP must inchide Best Manage nent Practices hat address
source reduction and, if necessary, s�iall include practices that require treatment.
The SWPF? shall be submitted to the City or Gilroy Engineering Division for
review and approval prior 1-3 approval of a grading permit for each phase of the
project. Engineering designs shall address feasible post construction water quality
measures such as siltation ponds and filters.
23. For projects loCated within 50 feet of Uvas Creel, the applicant shall submit
plans fo-- revio�k by, and obtain alp. approved permit from the Santa Clara Valley
Water �;istr'.rt kSCVWD ;prior to approval of a gradin— permit.
24. If the - '.mptove nen S, ur er .ii a' °r.t ; de te-rmIncd by the r ilroy
Engine°rifl.g Eiv ision, aft, in:luf1ea iii th City's traffic fee p-ogram at the
time traffic impact f°es are -,aid. the Developer shall pay a pro-rata share of the
cost of e.a.cY: anp?ovement nor. mA—.,tatid it the fee prcgram in addition to standard
traffic innpa.t fees. The pri,)jec , . that riggers unacceptable levels of service at these
locations will be required to design ani- construct the irnprovernents and submit
their co is to the City for rehnbursement etar of ahe traffic irnract fEe program
funds.
a. Luchlessa A- ienue and 'hoar :tas Road: a traffic signal or traffic c rcl ;
b. i'r'1v1,-_,- _va11i' Sitrect: a t "affic l,�:CI , -
C. Monte BPy StrPe t a.nr, f.,uchessa Avenue- an additional norti,bound left -turn
lar..P and -,vide -, ing of the wrest leg to provide two receiving lanes for the
ncrth..b _ t r:d `eft—tuna—Lt—,g vehicles; and
d. Monterey Street and Tenth Street: a second southbound left -turn lane, a
westbornd overlap phase, on° (rift -turnn lane, two through lanes, and one
sero.rato or, n ^rthbol.,Pae Ylonter ?y Street.
Tl'c 1c.r -meat that i';,'per i ents iS resr,onsible for the
design and construction of the mitigation measure. If the improvements are
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traffic impact fee related, the developer will be reimbursed based on City
procedures
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Engineering Division
Step 3
Prior to approval and issuance of grading or building permits, the following mitigation
measure shall be imp , r men:ed
2. During construction all diesel- powered engines shall be required to have particle
trapping filters to reduce the amount of poll-ting emissions. Construction
delivery trucks shall not idle for longer than two minutes.
Party responsible for implementation: Applicant
Party responsible f r monitoring: Gilroy Planning Division
3. The following measures shall be incorporated into all project plans, subject to the
review and approval of the City of Gilroy Engineering Division:
a. The idling time for construction equipment shall not exceed two minutes;
b. Limit the hours of operation of heavy -duty equipment and /or the amount
of equipment in use;
c. All equipment shall be properly tuned and. maintained in accordance with
the manufacturer's specifications;
d. When feasible, alternative fiaeled or electrical construction equipment shall
be used at the project site;
e. Use the minimum practical engine size for construction equipment; and
f. Gasoline- vowered equipment shall be equipped with catalytic converters,
where feasible.
Party responsible for implementation: Applicant
Party responsible for or : monitoring: Gilroy Engineering Division
4. The following dust control measures shall be incorporated into all permits for the
proposed project, slib,ect to the review and approval of the City of Gilroy
Engineering Division:
a. Water all active construction areas at least twice daily;
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b. Cover all trucks hauling soil, sand, and other loose materials or require all
trucks to maintain at least two feet of freeboard;
C. 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,
d. Sweep daily (with water sweepers) all paved access roads, parking areas and
staging areas at construction sites;
e. Sweep s[rceis daily ;with vrater sweeoers) if visible soil material is carried
onto adjacont public streets; -
Enclose, cover and `eater twice daily or apply non -toxic soil binders to
exposed stockpiles (dirt, sand);
g. Limit traffic speeds on unpaved roads to 15 mph;
h. Install sandbags or other erosion control measures to prevent silt runoff to
public roadways;
i. Replant vegetation in disturbed areas as quickly as possible; and
Install wheel washers for all exiting trucks, or wash off the tires or tracks of
all trucks and equipment leaving the site.
Party responsible. for implementation: Applicant
Party respor!rihle for inon,itorirrq: Ui (rov Engineering Division
5. Pre - construction surveys for nesting raptors shall be conducted by a qualified
biologist if construction is to occur during the nesting season (April 15 —
August 1) to reduce impacts to a less than significant level. If raptor nests are
located during pre- construction surveys, a qualified biologist shall establish a 300 -
foot buff r around each nest fo^ the duration of the breeding season (until such
time as the young are fully fledged) to prevent nest harassment and brood
mortalit 1,. Work may proceed prior to August 1 only if a qualified biologist
conducts nest checks and establishes that the young are fully fledged. Every effort
will be ina do M avoid rcrn:'oval or impact to 'x Yicwn ranter nests within project
boundaries. If trees known to support raptor nests cannot be avoided, removal of
these trees will :only occur during the non - breeding season to reduce impacts to a
less than s'Ji nifl-cont lever.
Party .Zr'7lic',Znt
Party respC 'Gilroy Planning Division
6. Prior to future development activities, a 50 -foot setback from the high water mark
of Uvas Cr c s1 - -at, be established for the cf l,e v3,-e.r corridor.
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Although a majority of this corridor is likely to occur on the property owned by
the Santa Clara Valley Water District, a portion of the setback may occur on the
project site. Grading and equipment shall not be allowed within this setback. If
disturbance is proposed within or above the creek bed, a Section 404 permit from
the USACE and a Streambed Alteration Agreement from CDFG shall be
obtained.
Party responsible f ar implementation: Applicant
Party responsible for monitoring: Gilroy Planning Division
7. In order to prevent t:he spread of invasive non- native species, the project
proponent shall prepare a landscaping and r`- vegetation plan. to include the
following requirements:
a. An eradication plan for plants listed in California Exotic Plant Council's
Exotic Pest Plants of Greatest Ecological Concern in California currently growing
on the proj+ -c_t
b. Use of plants listed in California Exotic Plant Council's Exotic Pest Plants of
Greatest Ecological Concern in California shall be prohibited.;
C. Exposed sc' areas shall i3c planted, mulched or covered between October
15 and. th,° fr_ l' owing April 15 each year;
d. Plant materials used in la dsca ping, erosion control; cr habitat restoration
shall consist of plants that are included in an appropriate native California
plants «� id -r.tified by a qualified biologist or landscape architect; and
e. To prevent. °rrsior and ccnserre water, haxe soil bets, cen newly installed
plant materials shall be mulched. covered with jute netting, or seeded with a
mix of seeds best suited for the climate and soil conditions, and native to the
Gilroy
8. Prior to issuance of a grading permit, the following measures shall be
incorporated itlto the proje ct plans to mitigate constructior. nois subject to the
review and approval of the ,' :iry of C-ilroy Engineering and Building divisions:
5 -8
a. Construction shall be limited to weekdays between 7 AM and 7 PM, and
Sature,,ay� her , en 9 , -* «r:i 7 PM, vrit''1 t10 ccn,>trc_`ion r, ,. Sundays or
City hoL.t.'. ay!, .
b. All internal combustion engine- driven equipment shall be equipped with
mufflers that are in good condition and appropriate for the equipment; and
C. StationaTv noise- generatin? equitime .t shall be located as far as possible
from sensitive recepto, °s when sensitive receptors adjoin or. are near a.
construction project area.
EMC Planning Group Inc.
Barberi USA Amendment . .3equent FEIR .0 .Mitigation Monitoring Program
Party responsible for implementation: Applicant
Party responsible for monitoring' Gilroy Planning Division
11. The developer shall review the existing barrier along Luchessa Avenue to
determine if a three -foot high extension could be added. If this is not effective
and /or feasible; a new, nine -foot high barrier shall be constructed in its place.
The extension or new barrier shall be constructed prior to issuance of grading
permit for the project site, or when the City determines that noise exposure at this
location exceeds city standards. The developer shall be responsible for the cost to
study and C uct the reply ei ent wall or ,extension.
The entire -va!1 shall re textured and colored, E_nd sc: -cened to the extent feasible
with drought tolerant, low maintenance landscaping. Any new wall shall be
constructed >vit'rnn ex st ng riJn- access strips on private property, if existing,
otherwiise hni.nediately adjac >°nt to the property boundary on the public right -of-
way.
Party res�vw, ii!)l _ A17ph�C_n'
Party resn)n.s' * inr lY1()rilt ^Yiyrg, Gilroy .Planning Division
12. Prior to of building permits for residences with yards within 175 feet of
the sports T. ark., the applicant shall deTronstrite that noise levels at residential
yards earc r vrit' -, *.lie star a.r&7 -f G41-cy C-enera.l Plan Policy 26.02.
This may the constracb.on cf a. six. -foot scund ba rier,
however., such barrier shall- not impinge on the SCVWD flood flowage easement
recorded on the project site. A noise study shall be prepared, based on final
improver_1. p1L�:::. , to 62mors . -. -ate that the residences are adequately protected
from noise impacts.
Party responsible for implementation: Applicant
Party ),droy D1z1111111; D vi,: on
13. Subject to re-vilewand. appr:,va1 of fie Otl,17 o {'Gilroy Biv'Jd4n - Division, the
applicant for ?ny residential development or the project site shall cop_duct an
acoustical stHy and establish engineering requirements to be included in
construct; n ' ; to maintain interior noise levels at no greater than 45 dBDNL.
Approaches *c noise reductions could include use of triple pane windows,
ventilation ,r =te_ -ns `,vith mon- operable windows, or noise attenuating wall
construction.
Party =n �c� ?`7 t7!c141e ' *ztiolr: Ay�tlicant
Party: ve. F,',o, 71F'1`',I�) °'T,�10)?t!('Y� =1'?. CilrC.yBlvil'dnlf, Utivion
EMC Planning Group )rc.
5 -9
5.0 Mitigation Monitoring Progi, Barberi US, 7endment Subsequent FOR
14. The developer -)f the first project on the project site shall install a. full eight -phase
signal operation at the Monterey Street /Tenth Street intersection to provide
protected left turns on the eastbound and westbound approaches and increase the
capacity of the left -turn movement. The signal shall be installed prior to issuance
of the first residential or commercial occupancy permit, subject to review and
approval by the City Engineering Division.
Party responsible for implementation.: Applicant
Party responsible for monitoring: Gilroy Engineering Division
16. The develcper s11311 constrict frontage improvements along Luchessa Avenue
and Monterey Street concurrent with adjacen` development on the project site.
The pedestrian improvements sha'1 be compleled prior to the issuance of
occupancy permits for the adjacent uses. The frontage improvements shall
include con.structicn of a half - street sect on including the eastbound lanes of
Luchessa Avenue, the southbound lanes of Monterey Street, and adjacent
sidewalks, curbs, - UTLcrs, and landscaping, and the re- striping of the pedestrian
crosswalks serving the southwest corner of the Monterey Street and Luchessa
Avenue intersecLiuT1.
Party respons-"blt
Party responsible ;swnitorirc: e =ibo,) Ptlnni.p^ q Division
18. Due to the possibility that significant buried cultural resources might be found
during construction the Cite of Gilroy shall ensure that the following language is
included in any gradir_j or construction docume -lts issued for the proposed
project that c_oul,.J include ea -rth movement:
If archaeological resources or human remains are discovered during construction,
work shall bf':a "r�,! F.,+ ;i riJrr� n�,m of 260 Ect mm the find and the area shall be
staked off. The -rrojer-t developer steal' notify a qualified professional
archaeologi,:l. 1J find is ,rlerermined to be �,gnif�:.4nt, aY�lar�,-_�ri_Zte mitigation
measures shall be fc,rrnulated and imtalemented.
Party App. c.vit
Party responsib!i f ^y monitoring: Gilroy Planning Division
19. In the event of �xn accidental discovery or recognit on of any ! r rnan remains in
any location other than a dedil-?.ted c°mt-terv. the City of Gibroy shall. ensure that
the folloviin; i. _m�,aLe is included ':n 1 -ry gr.1ding or :crstrtction d!o --uments
issued for tl�c rsr sc!hoo' that could. i�icllide t firth moverrer.t in accordance
with CEQA c: section 1,5064.54e1:
If human remains are found during construction there shall be no further
excavation or tlisrurbance of the site or any nearby area reasonably
5 -10 EMC Pjanning Group Inc.
Barberi USA Amendment, seauent FOR A Mitigation Monitoring Program
suspected overlie ad'acent huiryan remains until the Gilroy Police
Department has contacted the coroner of Santa Clara County 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 from the deceased
Native American. The most likely descendent 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 hc:lnan remains and as cciat;.d grave goods as provided in
Public Resc,urcc:s Code Section 15097.98. ,he landowner (,-r his authorized
represerrtat"L'✓c steal. rebury the Native American human remains and
associated Wave goods witia appropriate dignity on the property in a
location i lot subject to further dist-arbanc,c if. a) the Native American
Heritage Commission is unable to iuenti y a most Uely descendent or the
most likely aescendent failed to make a recommendation within 24 hours
after bein# ,- ,otiJed by the commission, b) the descendent ydentiiied fails to
make a recorrimendation; or c) the landowner or his authorized
representative rejects the recommendation of the descendent, and the
mediation by i:ne Native American Heritage Commission fails to provide
measures acceptable to the landowner.
Party respomib!'e.,fo- irnplemertet on: Applicant
Party responsible fir monitori,7p, : Gilro -v Planning Division
EMC Planninc G,,,-,)
5 -11
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2006 -03 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
23rd day of January, 2006, 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 7th day of February, 2006.
City Clerk of the City of Gilroy
(Seal)