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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. U0680479.1 01 -010906- 04706089 Resolution No. 2006 -03 Findings Barberi UL nendment Subseauent EIR 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. 1 -2 EMC Planning Group Inc. Barberi USA Amendment, quent EIR Findings 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. EMC Planning Group Inc. 1 -3 Findings Barbed U. nendment Subsequent EIR 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, 1 -4 EMC Planning Group Inc. Barberi USA Amendment, �quent EIR Findings 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. EMC Planning Group Inc. 1 -5 Findings Barberi U, nendment Subsequent EIR 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 1 -6 EMC Planning Group Inc. Barberi USA Amendment, aguent EIR Findings 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 EMC Planning Group Inc. 1 -7 Findings Barberi U, .nendment Subsequent EIR 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. 1 -8 EMC Planning Group Inc. Barbed USA Amendment, quent EIR Findings 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. EMC Planning Group Inc. 1 -9 Findings Barberi U. nendment Subsequent EIR 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. 1 -10 EMC Planning Group Inc. Barberi USA Amendment, 3quent EIR Findings 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. EMC Planning Group Inc. 1 -11 Findings Barberi U. nendment Subsequent EIR 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 1 -12 EMC Planning Group Inc. Barbed USA Amendment, 3quent EIR 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; EMC Planning Group Inc. 1 -13 Findings Barberi U, .nendment Subsequent EIR 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 1 -14 EMC Planning Group Inc. Barberi USA Amendment, quent EIR Findings 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 EMC Planning Group Inc. 1 -15 Findings Barbed U, nendment Subsequent EIR 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 1 -16 EMC Planning Group Inc. Barbed USA Amendment 3quent EIR Findings 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. EMC Planning Group Inc. 1 -17 Findings Barberi U. 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 1 -18 EMC Planning Group Inc. Barbed USA Amendment, :quent EIR Findings 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. EMC Planning Group Inc. 1 -19 Findings Barberi U nendment Subsequent EIR 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 EMC Planning Group !n _ 5-1 681068 5.0 Mitigation Monitoring Progi, Barberi US. _ .. nendment Subsequent FOR 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. 5 -2 EMC; Planning Group Inc. Barberi USA Amendment , sequent FEIR .0 Mitigation Monitoring Program 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 EMC Planning Group Inc. 5 -3 5.0 Mitigation Monitoring Pro�,r, Barberi US., . nendment Subsequent FOR 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 5 -4 E,14C Ranni. -'g Group Inc. Barberi USA Amendment sequent FOR .0 Mitigation Monitoring Program 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 EMC Planning G,-oup ., 'c. 5 -5 5.0 Mitigation Monitoring rte, ogi, Barbed US, . nendment Subsequent FOR 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; 5 -6 EMC R')nning Group Inc. Barberi USA Amendment, sequent FEIR A Mitigation Monitoring Program 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. EMC Planning Group me 5-7 5.0 Mitigation Monitoring Progi, Barberi US, . nendment Subsequent FEIR 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)