Resolution 2011-01
RESOLUTION NO. 2011-01
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
MAKING REQUIRED FINDINGS CONCERNING SIGNIFICANT
EFFECTS, MITIGATION MEASURES AND ALTERNATIVES, AND
ADOPTING STATEMENTS OF OVERRIDING CONSIDERATIONS, FOR
THE RANCHO SAN YSIDRO COMMERCIALIINDUSTRIAL
SUBDIVISION AND DEVELOPMENT (TM 04-15; A1S 04-62), FOR
WHICH AN ENVIRONMENTAL IMPACT REPORT WAS PREPARED
IN ACCORDANCE WITH THE CALIFORNIA ENVIROMENTAL
QUALITY ACT, AND ADOPTING A MITIGATION MONITORING
PROGRAM FOR THE PROJECT
WHEREAS, the City of Gilroy received an application for the Rancho San Y sidro-
Machado commercial/industrial project, including tentative map application TM 04-15
subdividing the site into 16 development parcels and architectural site review application A/S
04-62 providing master site review approval (the "Project"); and
WHEREAS, the Project is located on a site of approximately 59.7 acres north of State
Route 152/Pacheco Pass Highway, south of Ronan Channel, and west of Camino Arroyo and the
WalMart shopping center, APN 841-18-069; and
WHEREAS, the City of Gilroy distributed a Notice of Preparation from April 20, 2005 to
May 19,2005 and held a public scoping meeting on May 11,2005 to gain input into the issues to
be addressed in an environmental impact report; and
WHEREAS, the City of Gilroy circulated the Draft Environmental Impact Report
Rancho San Ysidro-Machado Subdivision (the "Draft EIR") for public review beginning March
29, 2010 and ending May 12, 2010, and prepared the Final EIR Rancho San Ysidro-Machado
Subdivision (the "Final EIR") on September 29, 2010 and these two document comprise the
complete environmental impact report for the Project and identified as State Clearinghouse
Number 200504218 (the "EIR") in accordance with the requirements of the California
Environmental Quality Act of 1970 as amended ("CEQA"); and
WHEREAS, the City of Gilroy Planning Commission is a recommending body for the
Project; and
WHEREAS, the City of Gilroy Planning Commission held a duly noticed public hearing
on October 7 2010, at which time the City of Gilroy Planning Commission considered the public
testimony, the Staff Report dated October 7, 2010 ("Staff Report"), and all other documentation
related to the Project, and recommended that the City of Gilroy City Council certify the EIR as
completed in accordance with the requirements of CEQA with a recommendation to remove
Mitigation Measure T-8; and
WHEREAS, the City Council held a duly noticed public hearing on November 1, 20 I 0,
and considered the public testimony, the Staff Report, a Staff Report dated November 1, 2010
and continued the matter to December 6, 2010, at which time the Council also considered a
supplemental staff report dated December 6, 2010, and all other documentation related to the
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Project and determined to require Mitigation Measure T -8 with a full explanation as to how it
will mitigate significant effects and a description of the required design of the mitigation
measure; and
WHEREAS, the City Council thereafter certified the EIR as completed in accordance
with CEQA; and
WHEREAS, the City of Gilroy City Council is the decision-making body for the Project;
and
WHEREAS, the City of Gilroy City Council intends to approve actions related to the
Project as identified in the EIR; 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 EIR.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF GILROY AS FOLLOWS:
1. The City of Gilroy City Council does hereby attest to its findings made on December 6,
2010 that the EIR has been completed in compliance with CEQA; that the City Council has
independently reviewed and analyzed the EIR and other information in the record and has
considered the information contained therein, including the written and oral comments received
at the public hearings on the EIR and on the Project, prior to acting upon or approving the
Project; and has found that the EIR represents the independent judgment and analysis of the City
of Gilroy as Lead Agency for the Project.
2. The findings and recommendations set forth herein are made by the City of Gilroy City
Council as the City of Gilroy's findings under CEQA relating to the Project. The findings
provide the written analysis and conclusions of the City of Gilroy City Council regarding the
Project's environmental impacts, mitigation measures and alternatives to the Project.
3. The City of Gilroy City Council hereby adopts the mitigation measures as modified
herein, as conditions of the Project.
4. The Mitigation Monitoring Program for the Project (the "Program") is attached as Exhibit
"A" and is adopted as part of this resolution. The Program identifies impacts of the Project and
corresponding mitigation measures, and designates the agency responsible for the
implementation of each mitigation measure and for its monitoring, and the timing required for
implementation of each mitigation measure.
5. The City of Gilroy City Council hereby finds and recognizes that the Final EIR contains
additions, clarifications, modifications and other information in its responses to comments on the
Draft EIR for the Project, and also incorporates information obtained by the City of Gilroy since
the Draft EIR was issued. The City of Gilroy City Council hereby finds and determines that such
changes and additional information are not significant new information as that term is defined
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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
Draft EIR have been proposed that would lessen significant environmental impacts of the
Project; and no feasible alternatives considerably different from those analyzed in the Draft EIR
have been proposed that would lessen significant environmental impacts of the Project.
Accordingly, the City of Gilroy City Council hereby finds and determines that recirculation of
the Draft EIR or Final EIR for further public review and comment is not required under CEQA.
6. The City of Gilroy City Council does hereby designate the City Clerk's office of the City
of Gilroy, at 7351 Rosanna Street, Gilroy, California 95020, as the location of and as the
custodian of documents and the record of proceedings on which the decision to approve the
Project is based.
7. The City of Gilroy City Council does hereby make the following findings with respect to
the significant effects on the environment of the Project based on facts within the administrative
record as a whole, and as identified in the EIR, with the stipulation that all information in these
findings is intended as a summary of the entire record supporting the EIR. Any mitigation
measures and/or alternatives that were suggested by commenters on the Draft EIR and not
adopted as part of the Final EIR are hereby expressly rejected for the reasons stated in the
responses to the comments set forth in the Final EIR and in the record.
I. FINDINGS CONCERNING SIGNIFICANT ENVIRONMENTAL EFFECTS
MITIGATED TO A LESS THAN SIGNIFICANT LEVEL
A. AIR QUALITY
Construction Diesel Emissions
1. Impact. Several residences are located within one quarter mile of the project site and
Luchessa Avenue connection alignment. The Project could expose sensitive receptors to diesel
emissions from diesel-powered engines during construction. This is a significant impact.
2. Findings of Fact. The City of Gilroy City Council hereby finds that the following
mitigation measures are feasible and will effectively mitigate significant adverse air quality and
health effects from diesel emissions during Project construction. The mitigation measures require
actions that will reduce equipment run time, improve emissions rates, or otherwise reduce diesel
emissions. Implementation of the mitigation measures is the responsibility of future developer( s)
of the project site. The mitigation measures are fully enforceable by the City of Gilroy, and the
Gilroy Engineering Division will require compliance with the measures prior to issuance of
development permits.
3. Mitigation. (AQ-l) 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.
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(AQ-2) 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 of all 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 fueled or electrical construction equipment shall be used at the
project site;
e. Use the minimum practical engine size for construction equipment; and
f. Gasoline-powered equipment shall be equipped with catalytic converters, where feasible.
Construction Dust Emissions
1. Impact. Several residences are located within one quarter mile of the project site and
Luchessa A venue connection alignment. Sensitive receptors could be exposed to dust emissions
from grading operations and other soil disturbance during construction. This is a potentially
significant impact.
2. Findings of Fact. The City of Gilroy City Council hereby finds that the following
mitigation measure is feasible and will effectively mitigate potentially significant adverse
construction dust impacts. The mitigation measure will require actions that minimize or reduce
environments and activities that lead to dust entering the air. Implementation of the mitigation
measure is the responsibility of future developer( s) of the project site. The mitigation measure is
fully enforceable by the City of Gilroy, and the Gilroy Engineering Division will require
compliance with the measure prior to issuance of development permits.
3. Mitigation. (AQ-3) 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. At a minimum sweep daily (with water sweepers) all paved access roads, parking areas
and staging areas at construction sites;
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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 miles per hour;
h. Install sandbags or other erosion control measures to prevent silt runoff to public
roadways;
1. 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.
B. BIOLOGICAL
Nesting Raptors and Migratory Birds
1. Impact. Trees located adjacent to the project site have the potential to provide nesting
habitat for raptors and migratory birds, including loggerhead shrike. No evidence of active
nesting was observed in the trees during site investigations, however, if active nest(s) of
protected bird species should occur in the trees, any construction and site preparation activities, if
conducted during the nesting season, could result in the direct loss of nests, including eggs and
young, or the abandonment of an active nest by the adults. The loss of individuals or
abandonment of their nests is a significant impact.
2. Findings of Fact. The City of Gilroy City Council hereby finds that the following
mitigation measure is feasible and will effectively mitigate potentially significant adverse
impacts on nesting birds and their eggs or young. The mitigation measure will allow un-
restricted construction work during the non-nesting season, but require pre-construction surveys
for nesting birds if construction were to commence during the nesting season. Implementation of
the mitigation measure is the responsibility of future developer(s) of the project site. The
mitigation measure is fully enforceable by the City of Gilroy, and the Gilroy Planning Division
will require compliance with the measure prior to issuance of development permits.
3. Mitigation. (BIO-l) The project applicant shall coordinate pre-construction surveys for
nesting raptors and/or migratory birds to be conducted by a qualified biologist within 15 days
prior to construction if construction is to occur during the nesting season (February through mid-
September). If nests are located during pre-construction surveys, a qualified biologist shall
establish a 250-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 mid-September only if a qualified biologist conducts nest checks and establishes
that the young are fully fledged. Every effort shall be made to avoid removal or impact to known
nests within project boundaries. If trees known to support nests cannot be avoided, removal of
these trees will only occur outside of the nesting season (mid-September through January). A
report documenting the results of the surveys and plan for avoidance (if needed) will be
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submitted to the City of Gilroy Planning Division for review prior to the initiation of ground
disturbance.
Roosting Bats
1. Impact. Trees present within and adjacent to the project site can provide roosting sites
for bats such as the hoary bat. Although no bats were identified during the reconnaissance-level
surveys, if there were active roosts of protected bat species present, construction and site
preparation activities could result in the abandonment of an active nest by the adults. This is a
potentially significant impact.
2. Findings of Fact. The City of Gilroy City Council hereby finds that the following
mitigation measure is feasible and will effectively mitigate potentially significant adverse
impacts on roosting bats. The mitigation measure will require pre-construction surveys to ensure
that no bats are present if construction starts during the roosting season, or if present, then a
Memorandum of Understanding with the CDFG [California Department of Fish and Game] will
be required for bat removal. Implementation of the mitigation measure is the responsibility of
future developer(s) of the project site. The mitigation measure is fully enforceable by the City of
Gilroy, and the Gilroy Planning Division will require compliance with the measure prior to
issuance of development permits.
3. Mitigation. (BIO-2) Subject to the review of the City of Gilroy Planning Division, pre-
construction surveys for roosting bats will be performed within 15 days prior to construction.
Alternatively, the construction schedule for these projects can be modified to initiate
construction outside of the nesting period or at the recommendation of a qualified biologist. The
nesting period typically occurs between April - August.
If nesting or roosting bats are found, a Memorandum of Understanding (MOU) with the CDFG
will be obtained by the contractor in order to remove bat species. Alternative habitat will need to
be provided if bats are to be excluded from maternity roosts. If this is the case, a roost with
comparable spatial and thermal characteristics will be constructed and provided. CDFG will be
consulted regarding specific designs.
Waters of the u.s. - Ronan Channel
1. Impact. Ronan Channel, a jurisdictional water of the U.S., is located adjacent to the
northern boundary of the project site. Construction of the storm water outfall and roadway access
may encroach into the channel. Disturbances to jurisdictional features are considered a
significant impact.
2. Findings of Fact. The City of Gilroy City Council hereby finds that the following
mitigation measure is feasible and will effectively mitigate potentially significant adverse
impacts on waters of the U.S. The mitigation measure will require development set-backs from
the top of Ronan Channel, and appropriate agency permitting. Implementation of the mitigation
measure is the responsibility of future developer(s) of the project site. The mitigation measure is
fully enforceable by the City of Gilroy, and the Gilroy Planning Division will require compliance
with the measure prior to issuance of development permits.
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3. Mitigation. (BIO-3) Prior to future development activities, a 50-foot setback from the
high water mark of SCVWD [Santa Clara Valley Water District] channels or creeks shall be
maintained for the protection of the water corridor. Grading and equipment will not be allowed
within this setback. If disturbance is proposed within or above the channel, including
construction of a new outfall, a Section 404 permit from the ACOE [U.S. Army Corps of
Engineers], a Streambed Alteration Agreement from CDFG, a Water Quality (401) Certification
from the RWQCB [Regional Water Quality Control Board], and a permit from the SCVWD shall
be obtained.
Waters of the u.s. - Miller Slough
1. Impact. Miller Slough, a potential jurisdictional water of the U.S., transects the project
site, with a total length within the project site of about 1,000 feet. The Project includes filling
Miller Slough and directing storm water runoff through a series of storm water collection pipes.
Disturbances to jurisdictional features are considered a potentially significant impact.
2. Findings of Fact. The City of Gilroy City Council hereby finds that the following
mitigation measures are feasible and will effectively mitigate potentially significant adverse
impacts on waters of the U.S. The mitigation measures will require a wetlands delineation,
appropriate agency permitting, and preparation of an erosion control plan to protect the waters.
Implementation of the mitigation measures is the responsibility of future developer(s) of the
project site. The mitigation measures are fully enforceable by the City of Gilroy, and the Gilroy
Planning Division, Central Coast Regional Water Quality Control Board will require compliance
with the measure prior to issuance of development permits.
3. Mitigation. (BIO-4) Prior to grading activities, a jurisdictional determination from the
ACOE regarding Miller Slough is required. If the portion of Miller Slough within the project
boundary is determined to be jurisdictional, a Section 404 permit from the ACOE shall be
obtained. The most likely appropriate permit for the proposed project is Nationwide Permit 41
for Reshaping Existing Drainage Ditches. Nationwide Permit 41 requires Preconstruction
Notification (PCN) for projects proposing to disturb greater than 500 linear feet of drainage. To
qualify for this permit, plans to enhance the drainage ditch for improved downstream water
quality are required. Regardless of the jurisdictional determination, a Streambed Alteration
Agreement from CDFG, and a Water Quality (401) Certification from the RWQCB shall be
obtained.
(BIO-5) In order to protect aquatic biological resources and to reduce water erosion on the
project site and risk of sedimentation downstream, the applicant shall prepare an erosion control
plan and Storm Water Pollution Prevention Plan (refer to Mitigation Measure HY-l) for site
preparation, construction, and post-construction periods. The erosion control plan may include,
but not necessarily be limited to, the following components:
a. Limit grading to between April 16 and October 14 when the channels are dry;
b. Limit disturbance of soils and vegetation removal to the minimum area necessary for
access and construction;
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c. Stake or flag grading limits in the field. The stakes or fencing shall remain in place until
all construction activities are complete;
d. Install an erosion control fence (i.e., sedimentation control fence) around the grading
limits;
e. Cover disturbed slopes with straw mulch or jute netting after seeding or planting;
f. Stockpile topsoil from grading activities to be used at the project site for re-vegetation
purposes;
g. Cover or otherwise protect stockpiled soils during periods of rainfall;
h. Prevent storm water flow directly down unprotected slopes, devoid of vegetation, by
utilizing straw bales or diversion fencing;
1. Ensure grading operations are observed and evaluated by a qualified soils engineer; and
j. If construction within Ronan Channel disturbs vegetation or requires tree removal,
disturbed areas shall be re-vegetated, especially slopes and areas where tree removal has
occurred, with native species grown from local parent stock located from within the adjacent
Llagas Creek corridor as detailed in Santa Clara Valley Water District's Design Guide 2 of the
Water Resources Protection Manual (Santa Clara Valley Water District 2006).
In order to allow a prompt and effective response to any accidental spills occurring during
construction, and to protect on-site and downstream water quality and habitat, the applicant shall
prepare a spill abatement plan and hold a pre-construction worker orientation meeting(s) to
discuss the spill abatement plan. Workers will be informed of the importance of preventing
spills, and of the appropriate measures to take should a spill occur. The materials necessary for
the initial response to a spill will be kept at an easily accessible location on the project site.
Construction material debris, including trash, will not be allowed within the creek channel or
buffer area.
The erosion control and spill abatement plans will be included as part of the final improvement
plans. Biological resources protection mitigation measures will be made part of the specifications
of the construction design documents.
Waters of the u.s. - Princevalle Channel
1. Impact. The Luchessa Avenue connection, as required by Mitigation Measure T -8, will
cross and potentially parallel the Princevalle Channel, a potential jurisdictional water of the U.S.
Disturbances to jurisdictional features are considered a potentially significant impact.
2. Findings of Fact. The City of Gilroy City Council hereby finds that the mitigation
measure identified below is feasible and will effectively mitigate potentially significant adverse
impacts on waters of the U.S. The mitigation measure will require the preparation of an erosion
control plan to protect the waters. Implementation of the mitigation measure is the responsibility
of future developer( s) of the proj ect site. The mitigation measure is fully enforceable by the City
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of Gilroy, and the Gilroy Planning Division will require compliance with the measure prior to
issuance of development permits.
3. Mitigation. Implementation of Mitigation Measure BIO-5 presented above will reduce
this impact to a less than significant level.
Burrowing Owl
1. Impact. Potentially suitable burrowing owl habitat is located in portions of the Luchessa
A venue connection alignment. Should active burrowing owl nests occur on or immediately
adjacent to the chosen alignment, any construction and site preparation activities, if conducted
during the nesting season, could result in the direct loss of nests, including eggs and young, or
the abandonment of an active nest by the adults. The loss of active burrowing owl nests is a
significant impact.
2. Findings of Fact. The City of Gilroy City Council hereby finds that the following
mitigation measure is feasible and will effectively mitigate potentially significant adverse
impacts on burrowing owl. The mitigation measure will require pre-construction surveys and
construction set-backs from any nests that are found. Implementation of the mitigation measure
is the responsibility of future developer(s) of the project site. The mitigation measure is fully
enforceable by the City of Gilroy, and the Gilroy Planning Division will require compliance with
the measure prior to issuance of development permits.
3. Mitigation. (BIO-6) Prior to approval of grading for the Luchessa Avenue connection the
following measures shall be required, subject to the review and approval of the City of Gilroy
Planning Division:
a. A pre-construction survey shall be conducted by a qualified biologist for burrowing owls
within 30 days of the on-set of construction according to methods described in the Staff Report
on Burrowing Owl Mitigation (CDFG 1995).
b. If pre-construction surveys undertaken during the breeding season (February through
July) locate active nest burrows within or near construction zones, these nests, and an appropriate
buffer around them (as determined by a qualified biologist) must remain off-limits to
construction until the breeding season is over. The CDFG recommends setbacks from occupied
nest burrows of 100 meters where construction will result in the loss of foraging habitat.
c. During the non-breeding season (August through January), resident owls may be
relocated to alternative habitat. The relocation of resident owls must be according to a relocation
plan prepared by a qualified biologist in consultation with the California Department of Fish and
Game. Passive relocation is the preferred method of relocation. This plan must provide for the
owl's relocation to nearby lands possessing available nesting and foraging habitat.
Loggerhead Shrike
1. Impact. Preferred habitat for this species includes open habitats with scattered shrubs,
trees, posts, fences, utility lines, or other perches. The project site does not provide high qualityn
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nesting habitat for the shrike, however, Ronan Channel likely provides a foraging corridor.
Impacts to this species or its habitat are considered significant.
2. Findings of Fact. The City of Gilroy City Council hereby finds that the mitigation
measure identified below is feasible and will effectively mitigate significant adverse impacts on
loggerhead shrike. The mitigation measure will protect habitat that the shrike may use for
foraging. Implementation of the mitigation measure is the responsibility of future developer( s) of
the project site. The mitigation measure is fully enforceable by the City of Gilroy, and the Gilroy
Planning Division will require compliance with the measure prior to issuance of development
permits.
3. Mitigation. Because this species is not expected to nest in the channel but rather use it
for foraging, implementation of mitigation measure BIO-3 for the protection of Waters of the
U.S. (Ronan Channel) presented above will reduce this impact to a less than significant level.
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 project
site, including Italian thistle and bull thistle (Cirsium vulgare). Grading and disturbance
associated with the Project will remove any native plants currently growing at the project site
and will also 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 will effectively mitigate significant adverse impacts on native
vegetation. The mitigation measure will help provide for the establishment of native plants and
reduce potential impacts on native plants. Implementation of the mitigation measure is the
responsibility of future developer(s) of the project site. The mitigation measure is fully
enforceable by the City of Gilroy, and the Gilroy Planning Division will require compliance with
the measure prior to issuance of development permits.
3. Mitigation. (BIO-7) To prevent erosion and conserve water, applicants for development
of parcels adjacent to Ronan Channel shall prepare a landscape plan that includes, but is not
limited to the following: bare soil between newly installed plant materials shall be mulched,
covered with jute netting, or seeded with a mix of seeds native to the Santa Clara County region
and best suited for the climate and soil conditions. Landscape plans shall be subject to review
and approval by the City of Gilroy Planning Division, prior to the approval of building permits.
c. HYDROLOGICAL
Storm Water Run-off Quality
1. Impact. During construction of the Project or the Luchessa Avenue connection, bare or
disturbed soils may erode and flow with storm waters into downstream creeks or rivers. During
Project operations, storm water running off the project site could wash urban pollutants (oils,
grease, metals, etc.) from paved surfaces and carry them toward downstream waters. The Project
includes detention basins that will be useful in settling out heavier pollutants; however other
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pollutants may be carried beyond the basins and into downstream waters. These would be
significant impacts.
2. Findings of Fact. The City of Gilroy City Council hereby finds that the following
mitigation measures are feasible and will effectively mitigate significant adverse effects on water
quality. The measures will require implementation of best management practices and low impact
development designs. Implementation of the mitigation measures is the responsibility of future
developer(s) of the project site. The mitigation measures are fully enforceable by the City of
Gilroy, and the Gilroy Engineering Division, Santa Clara Valley Water District, and/or Central
Coast Regional Water Quality Control Board will require compliance with the measures prior to
issuance of development permits.
3. Mitigation. (HY-l) The applicant shall, for each phase of the project, submit a Notice of
Intent and detailed engineering designs to the Central Coast RWQCB. This permit shall require
development and implementation of a Storm Water Pollution Prevention Plan (SWPPP) that uses
storm water "Best Management Practices" to control runoff, erosion, and sedimentation. Best
management practices must address source reduction and, if necessary, must include practices
that require treatment. Industrial uses, and commercial uses with outdoor components such as
loading docks and storage areas shall include best management practices specific to those uses,
such as those provided by the California Stormwater Quality Association. Following RWQCB
approval, 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 and oil
filters preceding or incorporated into the design of storm inlets.
(HY-2) Subject to the review of the Gilroy Engineering Division, prior to Architectural and Site
Review application, the project applicant shall incorporate feasible low impact development
(LID) measures for storm water quality protection into project designs. The proposed project
shall at a minimum include:
a. roof run-off discharge to infiltration basins or galleries or other open areas suitable for
infiltration, or capture of roof run-off for use as irrigation water;
b. use of pervious pavement materials and drainage of paved surfaces to infiltration areas to
the extent feasible;
c. use of bio-retention areas for treatment of run-off from those paved areas where
infiltration or reuse is not feasible; and
d. design of basin outlets to meter discharges of detained storm water.
An operations and maintenance plan shall be developed to ensure that the basin and LID/BMP
elements are kept in a state where they perform properly. These LID approaches and operations
and maintenance plan shall meet the standards of, and shall be subject to the review and approval
of, the Santa Clara Valley Water District and the Central Coast Regional Water Quality Control
Board.
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D. TRANSPORTATION AND TRAFFIC WITH THE LUCHESSA AVENUE
CONNECTION
The EIR considered two separate traffic scenarios, one with the existing roadway network and
one with a new Luchessa A venue connection in place between the Luchessa A venue/Rossi Lane
and Camino ArroyoNentura Way intersections., Construction of the Luchessa Avenue
connection is not included in the applicant's proposal. The City Council hereby approves
Mitigation Measure T -8 which requires the construction of the Luchessa A venue connection.
Described below are the intersection impacts under project conditions with the Luchessa Avenue
connection and mitigation measures necessary to maintain the City's level of service standard
and acceptable intersection operations.
Camino Arroyo and State Route 152
1. Impact. With the Luchessa A venue connection in place, this intersection would have
significant level of service impacts with all Project alternatives. The Saturday peak hour level of
service will remain at LOS F and delays will increase by between 19 and 40 seconds, depending
on the Project alternative.
2. Findings of Fact. The City of Gilroy City Council hereby [mds that the mitigation
measures identified below are feasible and will effectively mitigate significant adverse
transportation impacts. With implementation of Mitigation Measures T -1 and T -8 the
intersection will still operate at an unacceptable LOS E during the Saturday peak hour; however,
implementation of the mitigation measures will reduce Project impacts to a less than significant
level by providing conditions that are better than under background conditions. Implementation
of the mitigation measure is the responsibility of future developer(s) of the project site. The
mitigation measure is fully enforceable by the City of Gilroy, and the Gilroy Engineering
Division will require compliance with the measure prior to issuance of development permits.
3. Mitigation. (T -1) Prior to issuance of a final map the applicant shall prepare off-site
improvement plans for the conversion of one southbound left-turn lane to a southbound through
lane at the Camino Arroyo/State Route 152 intersection. The improvement plans shall be
approved by the City Engineer. Construction of the improvements by the applicant shall be
verified as complete by the City Engineer prior to issuance of an occupancy permit. If
improvements include work within the Caltrans right-of-way, the applicant shall obtain an
encroachment permit from Caltrans prior to commencement of work.
(T -8) with design requirements clarified: The developer shall be responsible for the purchase of
the necessary right-of-way needed to construct the interim roadway connecting the Luchessa
A venue/Rossi Lane and Camino ArroyoN entura Way intersections (Interim Luchessa
Connection). This right-of-way shall be a minimum of 47 feet wide. The developer shall
complete the ultimate geometric roadway design (the developer shall design only what is
necessary to ensure the interim roadway is consistent with the ultimate geometric design);
interim roadway design; and construction of the interim roadway consisting of two 12- foot travel
lanes, two 6-foot bike lanes, two 2-foot shoulders, and drainage and lighting improvements.
Improvement plans and construction shall be completed to the satisfaction of the City Engineer,
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and the dedication of the roadway shall be accepted by the City with the timing of this
improvement as set forth above.
No later than six months after the first building permit is issued, the developer shall start
construction of mitigation measures T -I and T -8. Completion and City final inspection and/or
acceptance of the mitigation shall occur at the earlier of the two following timeframes: (a) no
later than eighteen months after the first building permit is issued; or (b) no later than twelve
months after the first certificate of occupancy has been issued.
Monterey Street and Luchessa Avenue
1. Impact. With the Luchessa Avenue connection in place, this intersection will have
significant level of service impacts with all Project alternatives. The level of service will degrade
from LOS D to LOS E during the PM peak hour.
2. Findings of Fact. The City of Gilroy City Council hereby finds that the following
mitigation measure is feasible and will effectively mitigate significant adverse transportation
impacts. Implementation of the mitigation measure is the responsibility of future developer(s) of
the project site. The mitigation measure is fully enforceable by the City of Gilroy, and the Gilroy
Engineering Division will require compliance with the measure prior to issuance of development
permits.
3. Mitigation. (T -9) Prior to issuance of a final map the applicant shall prepare off-site
improvement plans for the construction of a second eastbound through lane at the Monterey
Street / Luchessa A venue intersection. The improvement plans shall be approved by the City
Engineer. Construction of the improvements by the applicant shall be verified as complete by the
City Engineer prior to issuance of an occupancy permit.
Frazier Lake Road and State Route 152
1. Impact. With the Luchessa Avenue connection in place, this intersection will have
significant level of service impacts with all Project alternatives. The Saturday peak hour level of
service will degrade from LOS D to LOS E for the worst approach, and signal warrants would be
met.
2. Findings of Fact. The City of Gilroy City Council hereby finds that the mitigation
measure identified below is feasible and will effectively mitigate significant adverse
transportation impacts. Implementation of the mitigation measure is the responsibility of future
developer(s) of the project site. The mitigation measure is fully enforceable by the City of
Gilroy, and the Gilroy Engineering Division will require compliance with the measure prior to
issuance of development permits. Implementation of Mitigation Measure T-2 will reduce this
impact to a less than significant level. Implementation of this mitigation measure will need to be
coordinated with and approved by Caltrans. Mitigation Measure T -11 is redundant with
provisions of Mitigation Measure T-2 and is not necessary.
3. Mitigation. (T-2) Prior to Council approval of the final map the applicant shall prepare
traffic signal improvement plans of sufficient detail for submission to Caltrans for design review
to determine the traffic signal and intersection design requirements. The applicant shall also pay
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a "fair share" (pro-rata based on critical traffic volumes causing the need for the traffic signal)
contribution acceptable to the City for the installation of a traffic signal at the Frazier Lake Road
and State Route 152 intersection. The project applicant shall be responsible for retaining a
qualified professional engineer to prepare the preliminary traffic signal design and engineer's
cost estimate. The applicant will pay to the City of Gilroy for payment to Caltrans the amount
determined by the applicant's professional engineer as approved by the City Engineer.
Cameron Boulevard and Renz Lane
1. Impact. With the Luchessa A venue connection in place, this new intersection will
operate at unacceptable overall intersection LOS F during the Saturday peak hour with
development of the Project.
2. Findings of Fact. The City of Gilroy City Council hereby finds that the mitigation
measure identified below is feasible and will effectively mitigate significant adverse recreational
facility and alternative transportation impacts. Implementation of the mitigation measure is the
responsibility of future developer(s) of the project site. The mitigation measure is fully
enforceable by the City of Gilroy, and the Gilroy Engineering Division will require compliance
with the measure prior to issuance of development permits.
3. Mitigation. (T-3) Prior to issuance of a final map the applicant shall prepare off-site
improvement plans for the installation of a traffic signal at the Cameron Boulevard/Renz Lane
intersection. The improvement plans shall be approved by the City Engineer. Construction of the
improvements by the applicant shall be verified as complete by the City Engineer prior to
issuance of an occupancy permit.
Queuing Deficiencies
1. Impact. With the Luchessa Avenue connection in place, the Project will contribute to
queuing deficiencies at the following locations:
· Monterey Street and Tenth Street, southbound left-turn movement;
· Camino Arroyo and Renz Lane, northbound right-turn;
· Camino Arroyo and Renz Lane, northbound left-turn;
· Cameron Blvd. / State Route 152 southbound right-turn movement;
· Cameron Blvd. / State Route 152 southbound left-turn movement;
· Cameron Blvd. / Renz Lane westbound left-turn movement; and
· Cameron Blvd. / Renz Lane northbound left-turn movement.
2. Findings of Fact. The City of Gilroy City Council hereby finds that the mitigation
measure identified below is feasible and will effectively mitigate significant adverse
transportation impacts. Implementation of the mitigation measure is the responsibility of future
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developer(s) of the project site. The mitigation measure is fully enforceable by the City of
Gilroy, and the Gilroy Engineering Division will require compliance with the measure prior to
issuance of development permits. With construction of the Luchessa Avenue connection,
Mitigation Measure T -4 will not be required because the queuing impacts identified in the Draft
EIR for the intersections of Monterey Street and Tenth Street, Chestnut Street and Tenth Street,
Camino Arroyo and State Route 152, and Camino Arroyo and Renz Lane would not occur or
would be mitigated by Mitigation Measures T-5, T-6, or T-lO.
3. Mitigation. (T -5) The final map shall show a distance along Cameron Boulevard
between State Route 152 and Renz Lane of no less than 575 feet, as measured along Lot 1 and
Lot 6, in order to provide adequate room for southbound and northbound left turn pockets on
Cameron Boulevard.
(T -6) Prior to approval of a final map, the applicant shall prepare off-site improvement plans for
Cameron Boulevard and the Cameron Boulevard intersections with State Route 152 and Renz
Lane. These streets shall be designed to accommodate the northbound and southbound left turn
movements and southbound right-turn movement from Cameron Boulevard, as well as the
westbound left turn movement from Renz Lane. Storage capacity for the turn lanes shall be
based on the requirements for the project scenario approved, and on whether or not the Luchessa
Avenue connection is completed. Reference shall be made to Table ES-3 and ES-7 (queue
analysis tables) in the Hexagon traffic report dated March 2010. The improvement plans shall be
approved by the City Engineer.
(T -10) Prior to issuance of a final map the applicant shall prepare off-site improvement plans for
the following off-site improvements. The applicant shall construct the improvements prior to
approval of occupancy permits, subject to the review and approval of the City Engineer.
Monterey Street and Tenth Street: The project would contribute to an existing queuing
deficiency in the southbound left-turn movement. The existing southbound left-turn pocket shall
be lengthened to provide the necessary storage to accommodate projected maximum peak-hour
vehicle queues.
Camino Arroyo and Renz Lane: The project would contribute to an existing queuing deficiency
in the northbound right-turn movement. The existing northbound right-turn pocket shall be
lengthened to provide the necessary storage to accommodate projected maximum peak-hour
vehicle queues, based on the project alternative chosen.
The addition of project traffic would change the signal operations in a way that would impact the
queue in the northbound left-turn movement and cause it to spill out of the pocket and block the
adjacent through lane. A second northbound left-turn pocket and a second westbound receiving
lane on Renz Lane shall be constructed to accommodate the queue under project conditions.
Left-turning Conflicts at Monterey Road ffenth Street (Proposed Project).
1. Impact. With the Luchessa A venue connection in place, the Project will add enough
volume to the Monterey Road/Tenth Street intersection that significant left-turning conflicts
could occur. Impacts would occur for the east approach during the Saturday peak hour. This is a
significant impact.
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2. Findings of Fact. The City of Gilroy City Council hereby finds that the mitigation
measure identified below is feasible and will effectively mitigate significant adverse
transportation impacts. Implementation of the mitigation measure is the responsibility of future
developer(s) of the project site. The mitigation measure is fully enforceable by the City of
Gilroy, and the Gilroy Engineering Division will require compliance with the measure prior to
issuance of development permits.
3. Mitigation. (T - 7) The applicant shall complete a conversion of the Monterey Road/Tenth
Street intersection traffic signals to 8-phase operation (protected left turn phasing on all
approaches), prior to issuance of occupancy permits, and subject to the review and approval of
the City Engineer. If the improvements are already in place, this measure shall not be necessary.
II. FINDINGS CONCERNING SIGNIFICANT ENVIRONMENTAL EFFECTS
ADDRESSED IN THE PRIOR EIR
The City of Gilroy City Council finds that the Rancho San Ysidro Machado Subdivision Revised
Initial Study deemed the following issues to have impacts adequately mitigated by either
standard measures or measures already presented in the certified Rincon Plaza Annexation and
General Plan Amendment EIR. The working of some of the mitigation measures was updated
from the language presented in the Rincon Plaza Annexation and General Plan Amendment EIR
and the mitigation measures were incorporated into the EIR.
A. CULTURAL RESOURCES
Archaeological Resources
1. Impact. The Project is located along Ronan Channel (the former West Branch Llagas
Creek). Archaeological Consulting performed an archaeological investigation for the project site
in June of 1992 and found no significant archaeological resources on the project site. However,
locations near water courses are typically archaeologically sensitive areas, and significant
unknown cultural resources might be found during construction. Construction of the Luchessa
Avenue connection, as required by Mitigation Measure T -8, will include a crossing of
Princevalle Channel as well.
2. Findings of Fact. The City of Gilroy City Council hereby finds that the Rincon Plaza
Annexation and General Plan Amendment EIR contained an adequate analysis of cultural
resources-related impacts at the project site and that the mitigation measures identified below are
feasible and will effectively mitigate potentially significant adverse cultural resources impacts.
Implementation of the mitigation measures is the responsibility of future developer(s) of the
project site. The mitigation measures are fully enforceable by the City of Gilroy, and the Gilroy
Engineering Division will require compliance with the measures prior to issuance of
development permits.
3. Mitigation. (CR-l) Due to the possibility that significant buried cultural resources might
be found during construction the following language shall be included in any permits issued for
the project site, including, but not limited to building permits for future development, subject to
the review and approval of the Gilroy Planning Division:
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If archaeological resources or human remains are discovered during construction, work shall be
halted at a minimum of 200 feet from the find and the area shall be staked off. The project
developer shall notify a qualified professional archaeologist. If the find is determined to be
significant, appropriate mitigation measures shall be formulated and implemented.
(CR-2) In the event of an accidental discovery or recognition of any human remains in any
location other than a dedicated cemetery, the City shall ensure that this language is included in
all permits in accordance with CEQA Guidelines section 15064.5(e):
If human remains are found during construction there shall be no further excavation or
disturbance of the site or any nearby area reasonably suspected to overlie adjacent human
remains until the Gilroy Police Department contacts 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 (MLD) from the deceased Native
American. The MLD may then make recommendations to the landowner or the person
responsible for the excavation work, for means of treating or disposing of, with appropriate
dignity, the human remains and associated grave goods as provided in Public Resources Code
Section 5097.98. The landowner or his authorized representative shall rebury the Native
American human remains and associated grave goods with appropriate dignity on the property in
a location not subject to further disturbance if: a) the Native American Heritage Commission is
unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after
being notified by the commission; b) the descendent identified fails to make a recommendation;
or c) the landowner or his authorized representative rejects the recommendation of the
descendent, and the mediation by the Native American Heritage Commission fails to provide
measures acceptable to the landowner.
B. GEOLOGY AND SOILS
Liquefaction and Erosion
1. Impact. The potential for liquefaction on the project site is relatively high due to
seasonally high groundwater levels and the seismically active nature of the Gilroy area.
Disturbance of soil during construction increases erosion risk. The Rincon Plaza Annexation and
General Plan Amendment EIR contained an adequate analysis of potential geological and soils-
related impacts at the project site.
2. Findings of Fact. The City of Gilroy City Council hereby [mds that the Rincon Plaza
Annexation and General Plan Amendment EIR contained an adequate analysis of potential
geological and soils-related impacts at the project site and the mitigation measure identified
below is feasible and will effectively mitigate significant adverse geology and soils impacts.
Implementation of the mitigation measure is the responsibility of future developer( s) of the
project site. The mitigation measure is fully enforceable by the City of Gilroy, and the Gilroy
Engineering Division will require compliance with the measure prior to issuance of development
permits.
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3. Mitigation. (GEO-l) Construction on the project site shall comply with the latest
adopted California Building Code structural earthquake regulations. The final construction plans
for any structure shall be subject to the review and approval of the Building Division prior to
issuance of a building permit to ensure compliance with these regulations.
(GEO-2) As an implementation step for any specific construction project, a soils foundation
analysis shall be completed by a qualified soils engineer as required by Action 25-E of the Gilroy
2020 General Plan and shall be incorporated as a condition of approval. The scope of this report
shall be determined by the Gilroy Engineering Division, and shall include analysis of
liquefaction potential at the location of each proposed structure. Recommendations from this
report shall be incorporated into the grading plans for the proposed project and shall be subject to
the review and approval of the Gilroy Engineering Division prior to issuance of a building
permit.
(GEO-3) Construction of the proposed project should be undertaken during the dry season (April
15-0ctober 15). If construction of the proposed project is undertaken during the wet season
(October 15-April 15) or any portion thereof, the project proponent shall incorporate the use of
straw bales at discharge areas and in swales as well as the use of seeding and hydromulching
where appropriate. The erosion control plan measures shall be subject to review and approval by
the Gilroy Engineering Division prior to the issuance of a building permit.
C. LAND USE
Electrical Transmission Lines
1. Impact. The Rincon Plaza Annexation and General Plan Amendment EIR identified
transmission lines running along the western boundary of the project site and through the
northern portion of the project site. These distribution lines are 115 kV and may be too large to
feasibly go underground. Development near the power transmission lines could interfere with
operation of the lines or potentially result in safety or health hazards to persons or property
below. The Rancho San Ysidro-Machado tentative map provides an easement beneath the power
lines.
2. Findings of Fact. The City of Gilroy City Council hereby finds that the Rincon Plaza
Annexation and General Plan Amendment EIR contained an adequate analysis of potential land
use-related impacts at the project site and the mitigation measure identified below is feasible and
will effectively mitigate significant adverse land use impacts. Implementation of the mitigation
measure is the responsibility of future developer(s) of the project site. The mitigation measure is
fully enforceable by the City of Gilroy, and the Gilroy Engineering Division will require
compliance with the measure prior to issuance of development permits.
3. Mitigation. (LU-l) The Final Map shall provide, if feasible, for the under-grounding
of new or existing power distribution lines located on the project site. If the transmission lines
cannot be placed underground they will have to be relocated by the project proponent or the
project design will have to incorporate the following standards:
a.
No buildings or structures are allowed within the pole tower line rights-of-way;
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b. Trees within the utility rights-of-way are discouraged; any plans which include trees in
these areas must be reviewed and approved by the owner of the utility;
c. No excavations may be made within 20 feet of a transmission pole;
d. Minimum clearances from high voltage lines must be maintained as described in the
PG&E manual High Voltage Electrical Safety Orders;
e. During construction activities, dust control measures must be implemented to avoid
contamination of the insulators;
f. Unrestricted access to the lines by utility crews must be maintained at all times for
emergency and normal maintenance operations; and
g. All aboveground power lines on the project site should be marked as appropriate with
colored balls or other materials to enhance their visibility to low flying pilots.
D. NOISE
Construction Noise
1. Impact. Site clearing and grading and Project construction will result in high levels of
noise for a short-term period. Construction of the Project will result in a temporary increase in
noise from trucks, graders, and construction activities.
2. Findings of Fact. The City of Gilroy City Council hereby finds that the Rincon Plaza
Annexation and General Plan Amendment EIR contained an adequate analysis of potential noise-
related impacts at the project site and the mitigation measure identified below is feasible and will
effectively mitigate significant adverse noise impacts. Implementation of the mitigation measure
is the responsibility of future developer(s) of the project site. The mitigation measure is fully
enforceable by the City of Gilroy, and the Gilroy Engineering Division will require compliance
with the measure prior to issuance of development permits.
3. Mitigation. (N-l) 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.
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E. PUBLIC SERVICES
Potential Industrial Fire Hazards
1. Impact. Specific industrial uses are not known at this time; however, there is the
possibility that industrial uses will include fire hazards for which the Gilroy Fire Department is
not currently equipped to respond to adequately.
2. Findings of Fact. The City of Gilroy City Council hereby finds that the Rincon Plaza
Annexation and General Plan Amendment EIR contained an adequate analysis of potential public
services-related impacts at the project site and the mitigation measure identified below is feasible
and will effectively mitigate significant adverse public services impacts. Implementation of the
mitigation measure is the responsibility of future developer( s) of the project site. The mitigation
measure is fully enforceable by the City of Gilroy, and the Gilroy Engineering Division will
require compliance with the measure prior to issuance of development permits.
3. Mitigation. (PS-l) Prior to occupancy permits for industrial uses, the applicant shall
submit an operation plan for review by the Gilroy Fire Department. The operations plan shall
provide information on the type of materials and chemicals proposed for use and types of
processes in which those materials or chemicals would be used. The Gilroy Fire Department
shall access the hazards potential of the proposed use, and may require specific conditions of
occupancy to ensure safety from fires, explosions, air contamination, or corrosive materials.
Fire Response
1. Impact. The Rincon Plaza Annexation and General Plan Amendment EIR determined
that the developers of new commercial uses should take steps to reduce the potential for fire
service calls by implementing a fire safety plan.
2. Findings of Fact. The City of Gilroy City Council hereby finds that the Rincon Plaza
Annexation and General Plan Amendment EIR contained an adequate analysis of potential public
services-related impacts at the project site and the mitigation measure identified below is feasible
and will effectively mitigate significant adverse public services impacts. Implementation of the
mitigation measure is the responsibility of future developer(s) of the project site. The mitigation
measure is fully enforceable by the City of Gilroy, and the Gilroy Engineering Division will
require compliance with the measure prior to issuance of development permits.
3. Mitigation. (PS-2) Plans for any future specific construction project shall include a fire
safety plan. This plan shall indicate and describe all fire safety improvements which will be
included in the project including fire hydrant locations, sprinkler and alarm systems, emergency
vehicle access provisions, evacuation plans (if necessary), and demonstration of adequate water
pressure for fire-fighting purposes. This plan shall be approved by the Gilroy Fire Department
prior to the approval of a site plan for any phase of the project.
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F. UTILITIES
Solid Waste
1. Impact. Solid waste (including recyclable materials) are collected by South Valley
Disposal and Recycling. Garbage is disposed of at the Johnson Canyon Landfill. Due to the
limited landfill capacity available and the City shortfall in meeting recycling goals, the
cumulative generation of solid waste is likely to exhaust existing landfill capacity prematurely. A
new landfill would be needed to accommodate the City's long term waste disposal needs. The
Rincon Plaza Annexation and General Plan Amendment EIR determined that the generation of
solid waste, in light of the limited land fill capacity, should be reduced to the extent possible.
2. Findings of Fact. The City of Gilroy City Council hereby finds that the Rincon Plaza
Annexation and General Plan Amendment EIR contained an adequate analysis of potential
utilities-related impacts at the project site and the mitigation measure identified below is feasible
and will effectively mitigate significant adverse utilities impacts. Implementation of the
mitigation measure is the responsibility of future developer( s) of the proj ect site. The mitigation
measure is fully enforceable by the City of Gilroy, and the Gilroy Engineering Division will
require compliance with the measure prior to issuance of development permits.
3. Mitigation. (UT -1) As an implementation step for any specific construction project, the
applicant shall prepare and submit a solid waste disposal plan. This plan shall provide an analysis
of the anticipated amount of solid waste that will be generated by the project and indicate the
manner in which it will be disposed. In addition, the plan, at a minimum, shall include the
following:
a. Identification of recyclable materials storage/collection areas for each use in the design of
the proposed project;
b. Inclusion of an area on the project site for a recycling center focused on the commercial
and industrial uses in the proposed project;
c. Provision of information to businesses about the recycling services on the project site and
in the area;
d. Identification of the manner in which insulation and other products made of recycled
materials will be incorporated into building structures; and
e. Identification of the manner in which materials m existing buildings planned for
demolition will be recycled or disposed of.
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III. FINDINGS CONCERNING SIGNIFICANT UNAVOIDABLE
ENVIRONMENTAL EFFECTS
A. AGRICULTURAL
Loss of Prime Agricultural Land.
1. Significant Unavoidable Impact. The Project will result in the loss of 57.95 acres of
prime farmland with a LESA score that indicates agricultural land of significant value. This is a
significant adverse environmental impact. An additional 3.75 acres of farmland will be lost for
construction of the Luchessa Avenue connection, as required by Mitigation Measure T-8. The
loss of prime farmland is considered a significant and unavoidable impact, because regardless of
mitigation, the lost farmland cannot be replaced.
2. Findings of Fact. Loss of agricultural land was considered for the project site in the
Draft EIR for the City of Gilroy Revised Draft General Plan ("General Plan EIR"). The City
certified the General Plan EIR in September 2001 and adopted a Statement of Overriding
Considerations in adopting the Gilroy 2020 General Plan. The loss of Prime Farmland at the
project site had previously been studied in the Rincon Plaza Annexation and General Plan
Amendment EIR, which was certified by the City in 1993. The City of Gilroy City Council
hereby finds that the following mitigation measure, which was adopted with certification of the
General Plan EIR, is feasible and effective; however, it will not mitigate significant adverse
effects from the loss of prime farmland to a less than significant level, and therefore this impact
remains significant and unavoidable. Implementation of the mitigation measure is the
responsibility of the future developer(s) of the project site. Mitigation Measure AG-l is
consistent with the agricultural mitigation program adopted with certification of the General Plan
EIR and adoption of the Gilroy 2020 General Plan. The mitigation measure is fully enforceable
by the City of Gilroy, and the Gilroy Planning Division will require documentation of
compliance with the measure for future development projects on the project site.
3. Partial Mitigation. (AG-l) 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. Purchase an equal amount (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 at 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."
4. Statement of Overriding Considerations. Mitigation Measure AG-3 will not mitigate
the adverse environmental effects of the Project on agricultural resources to a less than
significant level. Therefore, a significant impact will remain and a Statement of Overriding
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Considerations is required in accordance with CEQA Guidelines section 15093. In approving the
Project the City of Gilroy City Council hereby finds that certain social or economic
considerations outweigh the loss of Prime Farmland, as enumerated below:
a) The project site is within the City's Urban Service Area and is planned for development,
and the loss of prime farmland was considered when the City adopted the Gilroy 2020 General
Plan.
b) The Project will provide commercial retail, industrial, and office and research
opportunities within the City of Gilroy, resulting in additional job opportunities for City
residents.
c) The Project will provide additional shopping and service opportunities for City residents.
d) The Project will contribute to the City's tax base.
e) Impacts to important farmland will be reduced to the extent feasible through the
implementation of mitigation measures AG-3 by the applicant's participation in the City's
agricultural mitigation program.
B. AIR QUALITY
Operational Air Emissions
1. Significant Unavoidable Impact. The Project will result in operational air emissions that
exceed the Bay Area Air Quality Management District (BAAQMD) air quality standards for
ROG, NOx, and PMlO. The additional retail commercial land uses will further increase traffic
and air emissions compared to the base land use designations of the Gilroy 2020 General Plan.
This is a significant unavoidable impact.
2. Findings of Fact. The City of Gilroy City Council hereby [mds that the mitigation
measure identified below is feasible and will partially mitigate significant adverse air quality
impacts from operations. Implementation of the mitigation measure is the responsibility of future
developer(s) of the project site. The mitigation measure is fully enforceable by the City of
Gilroy, and the Gilroy Planning Division will require compliance with the measure prior to
issuance of development permits.
The exceedence of BAAQMD air quality standards was identified as a significant impact in the
General Plan ElR. The General Plan EIR concluded that build-out of the Gilroy 2020 General
Plan would result in significant and unavoidable impacts to air quality from vehicle emissions.
The City certified the General Plan EIR in September 2001 and adopted a Statement of
Overriding Considerations in adopting the Gilroy 2020 General Plan. Measures to achieve
reductions in operational air emissions typically center on reducing automobile trips. Many
Gilroy 2020 General Plan policies address air quality, although due to the planned highway-
oriented nature of the Project (and the entire shopping and industrial area east of U.S. Highway
101) a large number of these policies are not applicable.
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The Project will increase the acreage of retail commercial uses on the project site by 24.1 acres
(from seven percent to 48 percent of the project site). The retail commercial uses have a traffic
generation rate more than four times as high as industrial uses. Because the Project will shift land
use from industrial to commercial, trips and associated emissions will be increased significantly
compared to the land use shown on the Gilroy 2020 General Plan land use map.
3. Partial Mitigation. (AQ-4) Subject to the review and approval of the Gilroy Planning
Division, an emission reduction program shall be prepared pursuant to the Rincon Plaza
Annexation and General Plan Amendment EIR and may include at a minimum but not be limited
to the following elements:
a. Provision of secure bicycle parking for customers near the front of each building,
protected from encroachment by merchandise displays or shopping carts. Free bicycle lockers
shall be provided for employees; these may be provided in centralized locations, but at least one
locker should be within 200 feet of each building;
b. Provision of direct sidewalks between bus stops and major uses;
c. Provision of continuous direct sidewalks and pedestrian routes within the project site and
connecting each adjacent use and off-site sidewalks;
d. Provision of preferential parking for employee carpools within parking areas dedicated
for employees;
e. Provision of electric car charging stations; and
f. Provision of an on-street bus stop to accommodate future transit routes, including
benches within shelters. If no service is immediately proposed by VT A, the pavement for bus
stops and shelters shall be installed at a minimum. All bus facilities shall conform to the design
standards of VT A.
4. Statement of Overriding Considerations. Mitigation Measure AQ-4 will not mitigate
the adverse environmental effects of the Project on air quality to a less than significant level.
Therefore, a significant impact will remain and a Statement of Overriding Considerations is
required in accordance with CEQA Guidelines section 15093. In approving the Project the City
of Gilroy City Council hereby finds that certain social or economic considerations the Project
outweigh the Project's contribution of air pollutants to existing ambient air quality conditions
below state and federal standards, as enumerated below:
a) The Project will provide commercial retail, industrial, and office and research
opportunities within the City of Gilroy, resulting in additional job opportunities for City
residents.
b) The Project will provide additional shopping and service opportunities for City residents.
c) Increased job, shopping, and service opportunities will reduce the need for commute trips
to communities outside Gilroy, and thus reduce vehicle miles and emissions.
AC\837143.1
I 0311-D4 706089
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Resolution No. 2011-01
d) The Project will contribute to the City's tax base.
e) Through the implementation of mitigation measures, including Mitigation Measure T -8,
the Project will reduce traffic congestion and associated air emissions.
C. CLIMATE CHANGE
1. Significant Unavoidable Impact. The Project will generate greenhouse gas ("GHG")
emissions that contribute to global warming. Unmitigated emissions volume is estimated at 3,889
metric tons C02e per year, which exceeds the BAAQMD's 1,100 metric tons C02e per year
impact threshold by approximately 2,789 metric tons, and also exceeds the alternate service
population impact threshold, although by a smaller margin.
2. Findings of Fact. The City of Gilroy City Council hereby finds that the following
mitigation measure is feasible and will mitigate significant adverse GHG and climate change
impacts, but not to a less than significant level. Implementation of the mitigation measure is the
responsibility of future developer(s) of the project site. The mitigation measure is fully
enforceable by the City of Gilroy, and the Gilroy Community Development Department will
require compliance with the measure prior to issuance of development permits. The applicant has
submitted a GHG Reduction Plan, in compliance with mitigation measure CC-l that identifies
reductions to reduce the impact, but not to a less than significant level. The GHG Reduction Plan
was reviewed by the City's environmental consultant and it was determined that additional
feasible measures could be incorporated into the plan. The City will require additional measures
be included through the design review process when specific building and site designs are
available for review and consideration. At the time the Draft EIR was prepared, it was not certain
if adequate reductions could be attained, and the impact was characterized as significant and
potentially unavoidable. Since additional feasible GHG emissions reductions are possible, but
the measures may not bring Project GHG emissions below the BAAQMD thresholds, the impact
is considered to remain significant and unavoidable.
3. Partial Mitigation. (CC-l) The project applicant shall prepare a GHG Reduction Plan.
The GHG Reduction Plan shall include:
a. Quantification of baseline projected GHG emissions from the proposed project;
b. Feasible GHG reduction measures;
c. Quantification of GHG emissions reductions resulting from implementation of the GHG
reduction measures; and
d. Determination whether the GHG emissions from the mitigated project will meet the
BAAQMD threshold of significance of 1,100 metric tons C02e per year.
The methodology for quantifying baseline GHG emissions and quantifying GHG emissions
reductions specified by the BAAQMD in its draft California Environmental Quality Act Air
Quality Guidelines dated December 2009 shall be utilized. Other feasible measures may be
proposed provided that the level of GHG emissions reduction anticipated can be validated with
substantial evidence. Off-site GHG emissions reduction measures can be proposed provided that
AC\837143.1
I 0311-D4 706089
25
Resolution No. 2011-01
all feasible on-site measures are implemented. The GHG Reduction Plan shall be subject to
review and approval of the City of Gilroy Community Development Director prior to approval of
the proposed project.
(CC-2) Developers of individual projects on each parcel within the subdivision shall prepare a
GHG Reduction Plan and submit the plan with their Architectural and Site Review application.
The GHG Reduction Plan shall include:
a. Quantification of baseline projected GHG emissions from the proposed development
project;
b. Feasible GHG reduction measures to be incorporated into the development project; and
c. Quantification of GHG emissions reductions resulting from implementation of the GHG
reduction mitigation measures.
Developers shall utilize the methodology for quantifying baseline GHG ennSSlOns and
quantifying GHG emissions reductions specified by the BAAQMD in the draft California Air
Quality Act Air Quality Guidelines and its California Environmental Quality Act Air Quality
Guidelines dated December 2009. Other feasible measures may be proposed provided that the
developer is able to present substantial evidence that the level of GHG emissions reduction
anticipated is likely to accrue from the measures. The GHG Reduction Plan may include off-site
GHG emissions reduction measures provided that all feasible on-site measures are implemented
first. The GHG Reduction Plan shall be subject to review and approval of the City of Gilroy
Community Development Director prior to approval of Architectural and Site Review
application and implementation of the GHG Reduction Plan shall be made a condition of project
approval.
4. Statement of Overriding Considerations. Mitigation Measure CC-l will not mitigate
adverse environmental effects of the Project on GHG emissions to a less than significant level.
Therefore, a significant impact will remain and a Statement of Overriding Considerations is
required in accordance with CEQA Guidelines section 15093. In approving the Project the City
of Gilroy City Council hereby finds that certain social or economic considerations outweigh the
Project's contribution to GHG emissions and climate change as enumerated below:
a) The Project will provide commercial retail, industrial, and office and research
opportunities within the City of Gilroy, resulting in additional job opportunities for City
residents.
b) The Project will provide additional shopping and service opportunities for City residents.
c) Increased job, shopping, and service opportunities will reduce the need for commute trips
to communities outside Gilroy, and thus reduce vehicle miles and emissions.
d) The Project will contribute to the City's tax base.
e) Climate change impacts will be reduced to the extent feasible through the implementation
of project GHG reductions plans.
AC\837143.1
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Resolution No. 2011-01
IV. FINDINGS CONCERNING PROJECT ALTERNATIVES
A. ALTERNATIVES CONSIDERED
The City of Gilroy City Council hereby finds that the Draft EIR studied alternative projects in
accordance with CEQA Guidelines section 15126.6(a). The alternatives studied were identified
in the Draft EIR as the "no project - no build" alternative, the "no project - build-out"
alternative, the "moderate retail expansion" alternative, the "slight retail expansion" alternative,
and the "research park" alternative.
The "no project - no build" alternative was studied in accordance with CEQA Guidelines section
15126.6(c), and considered the effects of continued agricultural use of the project site.
The "no project - build-out" alternative considered build-out of the project site under the land
use designations of the Gilroy 2020 General Plan, with no increase in retail uses. The "no
project - build-out" alternative includes 42.6 acres of industrial uses, 4.4 acres of retail uses, and
5.2 acres of research and development/office uses.
The "moderate retail expansion" alternative studied development of the project site with a
moderate increase in retail development, but less retail than that proposed by the Project. The
"moderate retail expansion" alternative includes 29.8 acres of industrial uses, 17.2 acres of retail
uses, and 5.2 acres of research and development/office uses.
The "slight retail expansion" alternative studied development of the project site with a slight
increase in retail development, but less retail than that proposed by the Project. The "slight retail
expansion" alternative includes 36.4 acres of industrial uses, 10.6 acres of retail uses, and 5.2
acres of research and development/office uses.
The "research park" alternative was studied to consider the effects of developing the entire
project site with research and development/office uses.
B. ALTERNATIVES ANALYSIS
The City of Gilroy City Council hereby finds that the Draft ElR identified the "no project - no
build" alternative as the environmentally superior alternative. When the "no project" alternative
is identified as the environmentally superior alternative, a second environmentally superior
alternative must be identified. The "no project - build-out" alternative was identified as the
second environmentally superior alternative.
The "no project - build-out" alternative would reduce traffic, air quality, and climate change
impacts compared to the Project. However, the "no project - build-out" alternative does not
attain one of the major project objectives, the increased retail uses proposed by the applicant.
The "no project - build-out" alternative would also impair the City's objective to maximize sales
tax revenue, resulting in reduced sales tax revenue to the City compared to the proposed Project.
In addition, the Project as proposed is projected to be financially feasible and to generate
adequate returns on investment to enable the applicant to make major roadway improvements as
mitigation for traffic impacts in the area, including an extension of Luchessa Avenue that will
relieve traffic on a higWy congested section of Tenth Street/State Route 152; the "no project-
AC\837143.1
10311-D4706089a
27
Resolution No. 2011-01
build out" alternative revenues may not support financing of these mitigation measures which are
critical to the City. The "research park" alternative would result in slightly lower traffic, air
quality, and climate change impacts compared to the Project, but would not obtain the objectives
of the Project.
The City of Gilroy City Council hereby finds that it recognizes that the Project would have
greater environmental effects compared to alternatives studied in the EIR. However, the City
Council has made findings that the alternatives do not meet project objectives and Statements of
Overriding Considerations regarding these environmental impacts and determined that social and
economic considerations outweigh the environmental impacts of the Project.
ADOPTION OF MITIGATION MONITORING PROGRAM
The City Council hereby adopts the Mitigation Monitoring Program attached hereto as
Exhibit "A", which is incorporated herein by this reference.
PASSED AND ADOPTED this 10th day of January, 2011, by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, BRACCO, DILLON, LEROE-
MUNOZ, TUCKER, WOODWARD and
PINHEIRO
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
----
AC\837143.1
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28
Resolution No. 2011-01
MITIGATION MONITORING PROGRAM
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 impact report.
MONITORING PROGRAM PROCEDURES
The City of Gilroy will use the attached monitoring checklist for the proposed project. The
monitoring program will be implemented as follows:
1. The Gilroy Community Development Department will be responsible for coordination of
the monitoring program, including the monitoring checklist. The Community
Development Department will 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 me. If the mitigation measure has not been
complied with, the monitoring checklist should not be returned to the Community
Development Department.
3. The Gilroy Community Development Department will review the checklist to ensure that
appropriate mitigation measures and additional conditions of project approval included in
the monitoring checklist have been complied with at the appropriate time, e.g. prior to
issuance of a use permit, etc. Compliance with mitigation measures is required for project
approvals.
4. If a responsible individual or agency determines that a non-compliance has occurred, a
written notice should be delivered by certified mail to the project proponent within 10
days, with a copy to the Community Development Department, describing the non-
compliance and requiring compliance within a specified period of time. If non-compliance
still exists at the expiration of the specified period of time, construction may be halted and
fines may be imposed at the discretion of the City of Gilroy.
MMP-2
EMC PLANNING GROUP INC.
RANCHO SAN YSIDRO - MACHADO SUBDIVISION
MITIGATION MONITORING CHECKLIST
Step 1 Prior to approval of the final map and final
improvement plans, the following mitigation measures shall
be implemented:
Mitigation Measure AG-1
Prior to the approval of the fmal map, 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. Purchase an equal amount (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 at 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."
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Monitoring Notes:
EMC PLANNING GROUP INC.
MMP-3
MITIGATION MONITORING PROGRAM
Mitigation Measure AQ-4
Subject to the review and approval of the Gilroy Planning Division, an emission reduction
program shall be prepared pursuant to the Rincon Plaza Annexation and General Plan Amendment
EIR. The program may include at a minimum, but not be limited to the following elements:
a. Provision of secure bicycle parking for customers near the front of each building, protected
from encroachment by merchandise displays or shopping carts. Free bicycle lockers shall
be provided for employees; these may be provided in centralized locations, but at least one
locker should be within 200 feet of each building;
b. Provision of direct sidewalks between bus stops and major uses;
c. Provision of continuous direct sidewalks and pedestrian routes within the project site and
connecting each adjacent use and off-site sidewalks;
d. Provision of preferential parking for employee carpools within parking areas dedicated for
employees;
e. Provision of electric car charging stations; and
f. Provision of an on-street bus stop to accommodate future transit routes, including benches
within shelters. If no service is immediately proposed by VTA, the pavement for bus stops
and shelters shall be installed at a minimum. All bus facilities shall conform to the design
standards of VT A.
Elements applicable to subdivision improvements shall be incorporated into the final improvement plans.
Elements applicable to individual development projects shall be incorporated into the Architectural and Site
Review plans.
Party Responsible for Implementation:
Applicant
Party Responsible for Monitoring:
Gilroy Planning Division
Monitoring Notes:
MMP-4
EMC PLANNING GROUP INC.
RANCHO SAN YSIDRO - MACHADO SUBDIVISION
Mitigation Measure LU-1
The final map shall provide, if feasible, for the under-grounding of new or existing power
distribution lines located on the project site. If the transmission lines cannot be placed
underground they will have to be relocated by the project proponent or the project design will
have to incorporate the following standards:
a. No buildings or structures are allowed within the pole tower line rights-of-way;
b. Trees within the utility rights-of-way are discouraged; any plans which include trees in
these areas must be reviewed and approved by the owner of the utility;
c. No excavations may be made within 20 feet of a transmission pole;
d. Minimum clearances from high voltage lines must be maintained as described in the
PG&E manual High Voltage Electrical Safety Orders;
e. During construction activities, dust control measures must be implemented to avoid
contamination of the insulators;
f. Unrestricted access to the lines by utility crews must be maintained at all times for
emergency and normal maintenance operations; and
h. All aboveground power lines on the project site should be marked as appropriate with
colored balls or other materials to enhance their visibility to low flying pilots.
Party Responsible for Implementation:
Applicant
Party Responsible for Monitoring:
Gilroy Engineering Division
Monitoring Notes:
EMC PLANNING GROUP INC.
MMP-5
MITIGATION MONITORING PROGRAM
Mitigation Measure T-1
Prior to issuance of a fmal map the applicant shall prepare off-site improvement plans for the
conversion of one southbound left-turn lane to a southbound through lane at the Camino
Arroyo/State Route 152 intersection. The improvement plans shall be approved by the City
Engineer. Construction of the improvements by the applicant shall be verified as complete by the
City Engineer prior to issuance of an occupancy permit. If improvements include work within
the Caltrans right-of-way, the applicant shall obtain an encroachment permit from Caltrans prior
to commencement of work.
Party Responsible for Implementation:
Applicant
Party Responsible for Monitoring:
Gilroy Engineering Division
Monitoring Notes:
Mitigation Measure T-2
Prior to the approval of the final map, the applicant shall prepare off-site improvement plans for
the installation of a traffic signal at the Frazier Lake Road and State Route 152 intersection and
pay a fair share fee to the City.
Party Responsible for Implementation:
Applicant
Party Responsible for Monitoring:
Gilroy Planning Division
Monitoring Notes:
MMP-6
EMC PLANNING GROUP INC.
RANCHO SAN YSIDRO - MACHADO SUBDIVISION
Mitigation Measure T-3
Prior to issuance of a final map the applicant shall prepare off-site improvement plans for the
installation of a traffic signal at the Cameron Boulevard/Renz Lane intersection. The
improvement plans shall be approved by the City Engineer.
Party Responsible for Implementation:
Applicant
Party Responsible for Monitoring:
Gilroy Engineering Division
Monitoring Notes:
Mitigation MeasureT-4
Deleted - This measure is not necessary with implementation of Mitigation Measures T-5, T-6,
T-8, and T-lO.
See City Council fmdings.
Mitigation Measure T-5
The fmal map shall show a distance along Cameron Boulevard between State Route 152 and
Renz Lane of no less than 575 feet, as measured along Lot I and Lot 6, in order to provide
adequate room for southbound and northbound left turn pockets on Cameron Boulevard.
Party Responsible for Implementation:
Applicant
Party Responsible for Monitoring:
Gilroy Engineering Division
Monitoring Notes:
EMC PLANNING GROUP INC.
MMP-7
MITIGATION MONITORING PROGRAM
Mitigation Measure T-6
Prior to approval of a final map, the applicant shall prepare off-site improvement plans for
Cameron Boulevard and the Cameron Boulevard intersections with State Route 152 and Renz
Lane. These streets shall be designed to accommodate the northbound and southbound left turn
movements and southbound right-turn movement from Cameron Boulevard, as well as the
westbound left turn movement from Renz Lane. Storage capacity for the turn lanes shall be
based on the requirements for the project scenario approved, and on whether or not the
Luchessa Avenue connection is completed. Reference shall be made to Table ES-3 and ES-7
(queue analysis tables) in the Hexagon traffic report dated March 2010. The improvement plans
shall be approved by the City Engineer.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Engineering Division
Monitoring Notes:
Mitigation Measure T-9
Prior to issuance of a final map the applicant shall prepare off-site improvement plans for the
construction of a second eastbound through lane at the Monterey Street / Luchessa Avenue
intersection. The improvement plans shall be approved by the City Engineer.
Party Responsible for Implementation:
Applicant
Party Responsible for Monitoring:
Gilroy Engineering Division
Monitoring Notes:
MMP-8
EMC PLANNING GROUP INC.
RANCHO SAN YSIDRO - MACHADO SUBDIVISION
Mitigation Measure T -10
Prior to issuance of a fmal map the applicant shall prepare off-site improvement plans for the
following off-site improvements. The applicant shall construct the improvements prior to
approval of occupancy permits, subject to the review and approval of the City Engineer.
Monterey Street and Tenth Street: The project would contribute to an existing queuing
deficiency in the southbound left-turn movement. The existing southbound left-turn pocket shall
be lengthened to provide the necessary storage to accommodate projected maximum peak-hour
vehicle queues.
Camino Arroyo and Renz Lane: The project would contribute to an existing queuing deficiency
in the northbound right-turn movement. The existing northbound right-turn pocket shall be
lengthened to provide the necessary storage to accommodate projected maximum peak-hour
vehicle queues, based on the project alternative chosen.
The addition of project traffic would change the signal operations in a way that would impact
the queue in the northbound left-turn movement and cause it to spill out of the pocket and block
the adjacent through lane. A second northbound left-turn pocket and a second westbound
receiving lane on Renz Lane shall be constructed to accommodate the queue under project
conditions.
Party Responsible for Implementation:
Applicant
Party Responsible for Monitoring:
Gilroy Engineering Division
Monitoring Notes:
EMC PLANNING GROUP INC.
MMP-9
MITIGATION MONITORING PROGRAM
Mitigation Measure T-11
Deleted - This mitigation measure is not necessary with implementation of Mitigation Measure
T-2.
See City Council findings.
Mitigation Measure CC-1
The project applicant shall prepare a GHG Reduction Plan. The GHG Reduction Plan shall
include:
a. Quantification of baseline projected GHG emissions from the proposed project;
b. Feasible GHG reduction measures;
c. Quantification of GHG emissions reductions resulting from implementation of the GHG
reduction measures; and
d. Determination whether the GHG emissions from the mitigated project will meet the
BAAQMD threshold of significance of 1,100 metric tons C02e per year.
The methodology for quantifying baseline GHG emissions and quantifying GHG emissions
reductions specified by the BAAQMD in its draft California Environmental Quality Act Air
Quality Guidelines dated December 2009 shall be utilized. Other feasible measures may be
proposed provided that the level of GHG emissions reduction anticipated can be validated with
substantial evidence. Off-site GHG emissions reduction measures can be proposed provided that
all feasible on-site measures are implemented. The GHG Reduction Plan shall be subject to
review and approval of the City of Gilroy Community Development Director prior to approval
of the proposed project.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Monitoring Notes:
MMP-IO
EMC PLANNING GROUP INC.
RANCHO SAN YSIDRO - MACHADO SUBDIVISION
Step 2 Prior to approval of Architectural and Site Review
approval for each lot, the following mitigation measures
shall be implemented:
Mitigation Measure AQ-4
Subject to the review and approval of the Gilroy Planning Division, an emission reduction
program shall be prepared pursuant to the Rincon Plaza Annexation and General Plan Amendment
EIR. The program may include at a minimum, but not be limited to the following elements:
a. Provision of secure bicycle parking for customers near the front of each building, protected
from encroachment by merchandise displays or shopping carts. Free bicycle lockers shall
be provided for employees; these may be provided in centralized locations, but at least one
locker should be within 200 feet of each building;
b. Provision of direct sidewalks between bus stops and major uses;
c. Provision of continuous direct sidewalks and pedestrian routes within the project site and
connecting each adjacent use and off-site sidewalks;
d. Provision of preferential parking for employee caIpools within parking areas dedicated for
employees;
e. Provision of electric car charging stations; and
f. Provision of an on-street bus stop to accommodate future transit routes, including benches
within shelters. If no service is immediately proposed by VTA, the pavement for bus stops
and shelters shall be installed at a minimum. All bus facilities shall conform to the design
standards of VT A.
Elements applicable to subdivision improvements shall be incorporated into the final improvement plans.
Elements applicable to individual development projects shall be incorporated into the Architectural and Site
Review plans.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Monitorin~ Notes:
EMC PLANNING GROUP INC.
MMP-ll
MITIGATION MONITORING PROGRAM
Mitigation Measure 810-7 (Parcels Adjacent to Ronan Channel)
To prevent erosion and conserve water, applicants for development of parcels adjacent to Ronan
Channel shall prepare a landscape plan that includes, but is not limited to the following: bare soil
between newly installed plant materials shall be mulched, covered with jute netting, or seeded
with a mix of seeds native to the Santa Clara County region and best suited for the climate and
soil conditions. Landscape plans shall be subject to review and approval by the City of Gilroy
Planning Division, prior to the approval of the Architectural and Site Review application for
each lot.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Monitoring Notes:
Mitigation Measure CC-2
Developers of individual projects on each parcel within the subdivision shall prepare a GHG
Reduction Plan and submit the plan with their Architectural and Site Review application. The
GHG Reduction Plan shall include:
a. Quantification of baseline projected GHG emissions from the proposed development
project;
b. Feasible GHG reduction measures to be incorporated into the development project; and
c. Quantification of GHG emissions reductions resulting from implementation of the GHG
reduction mitigation measures.
Developers shall utilize the methodology for quantifying baseline GHG emISSIOns and
quantifying GHG emissions reductions specified by the BAAQMD in the draft California Air
Quality Act Air Quality Guidelines and its California Environmental Quality Act Air Quality
Guidelines dated December 2009. Other feasible measures may be proposed provided that the
developer is able to present substantial evidence that the level of GHG emissions reduction
anticipated is likely to accrue from the measures. The GHG Reduction Plan may include off-site
GHG emissions reduction measures provided that all feasible on-site measures are implemented
MMP-I2
EMC PLANNING GROUP INC.
RANCHO SAN YSIDRO - MACHADO SUBDIVISION
fIrst. The GHG Reduction Plan shall be subject to review and approval of the City of Gilroy
Community Development Director prior to approval of Architectural and Site Review
application for each lot and implementation of the GHG Reduction Plan shall be made a
condition of project approval.
Party Responsible for Implementation:
Applicant
Party Responsible for Monitoring:
Gilroy Planning Division
Monitoring Notes:
EMC PLANNING GROUP INC.
MMP-13
MITIGATION MONITORING PROGRAM
Mitigation Measure HY-2
Subject to the review of the Gilroy Engineering Division, prior to Architectural and Site Review
application, the project applicant shall incorporate feasible low impact development (LID)
measures for storm water quality protection into project designs. The proposed project shall at a
minimum include:
a. roof run-off discharge to inf11tration basins or galleries or other open areas suitable for
infiltration, or capture of roof run-off for use as irrigation water;
b. use of pervious pavement materials and drainage of paved surfaces to infiltration areas to
the extent feasible;
c. use ofbio-retention areas for treatment of run-off from those paved areas where inf11tration
or reuse is not feasible; and
d. design of basin outlets to meter discharges of detained storm water.
An operations and maintenance plan shall be developed to ensure that the basin and LID /BMP
elements are kept in a state where they perform properly. These LID approaches and operations
and maintenance plan shall meet the standards of, and shall be subject to the review and
approval of, the Santa Clara Valley Water District and the Central Coast Regional Water
Quality Control Board.
Party Responsible for Implementation:
Applicant
Party Responsible for Monitoring:
Gilroy Engineering Division
Monitoring Notes:
MMP-14
EMC PLANNING GROUP INC.
RANCHO SAN YSIDRO - MACHADO SUBDIVISION
Mitigation Measure PS-2
Plans for any future specific construction project shall include a fIre safety plan. This plan shall
indicate and describe all fire safety improvements which will be included in the project including
fIre hydrant locations, sprinkler and alarm systems, emergency vehicle access provisions,
evacuation plans (if necessary), and demonstration of adequate water pressure for fire-fIghting
purposes. This plan shall be approved by the Gilroy Fire Department prior to the approval of the
Architectural and Site Review application for each lot.
Party Responsible for Implementation:
Applicant
Party Responsible for Monitoring:
Gilroy Planning Division
Monitoring Notes:
EMC PLANNING GROUP INC.
MMP-15
MITIGATION MONITORING PROGRAM
Mitigation Measure UT-1
As an implementation step for any specific construction project, the applicant shall prepare and
submit a solid waste disposal plan. This plan shall provide an analysis of the anticipated amount
of solid waste that will be generated by the project and indicate the manner in which it will be
disposed. In addition, the plan, at a minimum, shall include the following:
a. Identification of recyclable materials storage/collection areas for each use in the design of
the proposed project;
b. Inclusion of an area on the project site for a recycling center focused on the commercial
and industrial uses in the proposed project;
c. Provision of information to businesses about the recycling services on the project site and
in the area;
d. Identification of the manner in which insulation and other products made of recycled
materials will be incorporated into building structures; and
e. Identification of the manner in which materials in existing buildings planned for
demolition will be recycled or disposed of.
This plan shall be approved by the Gihoy Planning Division pnor to the approval of
Architectural and Site Review applications.
Party Responsible for Implementation:
Applicant
Party Responsible for Monitoring:
Gilroy Planning Division
Monitoring Notes:
MMP-16
EMC PLANNING GROUP INC.
RANCHO SAN YSIDRO - MACHADO SUBDIVISION
Step 3 Prior to the approval of grading and building
permits, the following mitigation measures shall be
implemented:
Mitigation Measure AQ-2
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 of all 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 m accordance with the
manufacturer's specifications;
d. When feasible, alternative fueled or electrical construction equipment shall be used at the
project site;
e. Use the minimum practical engine size for construction equipment; and
f. Gasoline-powered equipment shall be equipped with catalytic converters, where feasible.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Engineering Division
Monitoring Notes:
EMC PLANNING GROUP INC.
MMP-17
MITIGATION MONITORING PROGRAM
Mitigation Measure AQ-3
The following dust control measures shall be incorporated into grading and building 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. At a minimum 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 miles per hour;
h. Install sandbags or other erosion control measures to prevent silt runoff to public
roadways;
1. 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.
Party Responsible for Implementation:
Applicant
Party Responsible for Monitoring:
Gilroy Engineering Division
Monitoring Notes:
MMP-18
EMC PLANNING GROUP INC.
RANCHO SAN YSIDRO - MACHADO SUBDIVISION
Mitigation Measure 810-1
The project applicant shall coordinate pre-construction surveys for nesting raptors and/or
migratory birds to be conducted by a qualified biologist within 15 days prior to construction if
construction is to occur during the nesting season (February through mid-September). If nests
are located during pre-construction surveys, a qualified biologist will establish a 250-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 mid-
September only if a qualified biologist conducts nest checks and establishes that the young are
fully fledged. Every effort shall be made to avoid removal or impact to known nests within
project boundaries. If trees known to support nests cannot be avoided, removal of these trees will
only occur outside of the nesting season (mid-September through January). A report
documenting the results of the surveys and plan for avoidance (if needed) will be submitted to
the City of Gilroy Planning Department for review prior to the initiation of ground disturbance.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Monitoring Notes:
EMC PLANNING GROUP INC.
MMP-19
MITIGATION MONITORING PROGRAM
Mitigation Measure 810-2
Subject to the review of the City of Gilroy Planning Department, pre-construction surveys for
roosting bats will be performed 15 days prior to construction. Alternatively, the construction
schedule for these projects can be modified to initiate construction outside of the nesting period
(April- August, or at the recommendation of a qualified biologist).
If nesting or roosting bats are found, a Memorandum of Understanding (MOU) with the CDFG
will be obtained by the contractor in order to remove bat species. Alternative habitat will need to
be provided if bats are to be excluded from maternity roosts. If this is the case, a roost with
comparable spatial and thermal characteristics will be constructed and provided. CDFG will be
consulted regarding specific designs.
Party Responsible for Implementation:
Applicant
Party Responsible for Monitoring:
Gilroy Planning Division
Monitoring Notes:
MMP-20
EMC PLANNING GROUP INC.
RANCHO SAN YSIDRO - MACHADO SUBDIVISION
Mitigation Measure 810-3
Prior to grading activities, a 50-foot setback from the high water mark of SCVWD channels or
creeks shall be maintained for the protection of the water corridor. Grading and equipment will
not be allowed within this setback. If disturbance is proposed within or above the channel,
including construction of a new outfall, a Section 404 permit from the ACOE, a Streambed
Alteration Agreement from CDFG, a Water Quality (401) Certification from the RWQCB, and
a permit from the SCVWD shall be obtained.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Monitoring Notes:
Mitigation Measure 810-4
Prior to grading activities, a jurisdictional determination from the ACOE regarding Miller
Slough is required. If the portion of Miller Slough within the project boundary is determined to
be jurisdictional, a Section 404 permit from the ACOE shall be obtained. The most likely
appropriate permit for the proposed project is Nationwide Permit 41 for Reshaping Existing
Drainage Ditches. Nationwide Permit 41 requires Preconstruction Notification (PCN) for
projects proposing to disturb greater than 500 linear feet of drainage. To qualify for this permit,
plans to enhance the drainage ditch for improved downstream water quality are required.
Regardless of the jurisdictional determination, a Streambed Alteration Agreement from CDFG
and a Water Quality (401) Certification from the RWQCB shall be obtained.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Monitoring Notes:
EMC PLANNING GROUP INC.
MMP-21
MITIGATION MONITORING PROGRAM
Mitigation Measure 810-5
Prior to grading activities, in order to protect aquatic biological resources and to reduce water
erosion on the project site and risk of sedimentation downstream, the applicant shall prepare an
erosion control plan and Storm Water Pollution Prevention Plan (refer to Mitigation Measure
HY 1) for site preparation, construction, and post-construction periods. The erosion control plan
may include, but not necessarily be limited to, the following components:
a. Limit grading to between April 16 and October 14 when the channels are dry;
b. Limit disturbance of soils and vegetation removal to the minimum area necessary for
access and construction;
c. Stake or flag grading limits in the field. The stakes or fencing shall remain in place until all
construction activities are complete;
d. Install an erosion control fence (i.e., sedimentation control fence) around the grading
limits;
e. Cover disturbed slopes with straw mulch or jute netting after seeding or planting;
f. Stockpile topsoil from grading activities to be used at the project site for re-vegetation
purposes;
g. Cover or otherwise protect stockpiled soils during periods of rainfall;
h. Prevent storm water flow directly down unprotected slopes, devoid of vegetation, by
utilizing straw bales or diversion fencing;
1. Ensure grading operations are observed and evaluated by a qualified soils engineer; and
J. If construction within Ronan Channel disturbs vegetation or requires tree removal,
disturbed areas shall be revegetated, especially slopes and areas where tree removal has
occurred, with native species grown from local parent stock located from within the
adjacent Llagas Creek corridor as detailed in Santa Clara Valley Water District's Design
Guide 2 of the Water Resources Protection Manual (Santa Clara Valley Water District
2006).
In order to allow a prompt and effective response to any accidental spills occurring during
construction, and to protect on-site and downstream water quality and habitat, the applicant
shall prepare a spill abatement plan and hold a pre-construction worker orientation meeting(s) to
discuss the spill abatement plan. Workers will be informed of the importance of preventing spills,
and of the appropriate measures to take should a spill occur. The materials necessary for the
initial response to a spill will be kept at an easily accessible location on the project site.
MMP-22
EMC PLANNING GROUP INC.
RANCHO SAN YSIDRO - MACHADO SUBDIVISION
Construction material debris, including trash, will not be allowed within the creek channel or
buffer area.
The erosion control and spill abatement plans will be included as part of the final improvement
plans. Biological resources protection mitigation measures will be made part of the specifications
of the construction design documents.
Party Responsible for Implementation:
Applicant
Party Responsible for Monitoring:
Gilroy Planning Division
Monitoring Notes:
EMC PLANNING GROUP INC.
MMP-23
MITIGATION MONITORING PROGRAM
Mitigation Measure 810-6
Prior to approval of grading for the Luchessa Avenue connection, the following measures shall
be implemented, subject to the review and approval of the City of Gilroy Planning Division:
a. A pre-construction survey shall be conducted by a qualified biologist for burrowing owls
within 30 days of the on-set of construction according to methods described in the Staff
Report on Burrowing Owl Mitigation (CDFG 1995).
b. Ifpre-construction surveys undertaken during the breeding season (February through July)
locate active nest burrows within or near construction zones, these nests, and an
appropriate buffer around them (as determined by a qualified biologist) must remain off-
limits to construction until the breeding season is over. The CDFG recommends setbacks
from occupied nest burrows of 100 meters where construction will result in the loss of
foraging habitat.
c. During the non-breeding season (August through January), resident owls may be relocated
to alternative habitat. The relocation of resident owls must be according to a relocation
plan prepared by a qualified biologist in consultation with the California Department of
Fish and Game. Passive relocation is the preferred method of relocation. This plan must
provide for the owl's relocation to nearby lands possessing available nesting and foraging
habitat.
Party Responsible for Implementation:
Applicant
Party Responsible for Monitoring:
Gilroy Planning Division
Monitoring Notes:
MMP-24
EMC PLANNING GROUP INC.
RANCHO SAN YSIDRO - MACHADO SUBDIVISION
Mitigation Measure CR-1
Due to the possibility that significant buried cultural resources might be found during
construction the following language shall be included in any permits issued for the project site,
including, but not limited to grading permits for future development, subject to the review and
approval of the Gilroy Planning Division:
If archaeological resources or human remams 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.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Monitoring Notes:
EMC PLANNING GROUP INC.
MMP-25
MITIGATION MONITORING PROGRAM
Mitigation Measure CR-2
In the event of an accidental discovery or recognition of any human remains in any location
other than a dedicated cemetery, the City shall ensure that this language is included in all
permits in accordance with CEQA Guidelines section 15064.5(e):
If human remains are found during construction there shall be no further
excavation or disturbance of the site or any nearby area reasonably
suspected to overlie adjacent human remains until the Gilroy Police
Department contacts 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 (MLD) from the deceased
Native American. The MLD may then make recommendations to the
landowner or the person responsible for the excavation work, for means
of treating or disposing of, with appropriate dignity, the human remains
and associated grave goods as provided in Public Resources Code Section
5097.98. The landowner or his authorized representative shall rebury the
Native American human remains and associated grave goods with
appropriate dignity on the property in a location not subject to further
disturbance if: a) the Native American Heritage Commission is unable to
identify a MLD or the MLD failed to make a recommendation within 24
hours after being notified by the commission; b) the descendent identified
fails to make a recommendation; or c) the landowner or his authorized
representative rejects the recommendation of the descendent, and the
mediation by the Native American Heritage Commission fails to provide
measures acceptable to the landowner.
Party Responsible for Implementation:
Applicant
Party Responsible for Monitoring:
Gilroy Planning Division
Monitoring Notes:
MMP-26
EMC PLANNING GROUP INC.
RANCHO SAN YSIDRO - MACHADO SUBDIVISION
Mitigation Measure GEO-1
Construction on the project site shall comply with the latest adopted California Building Code
structural earthquake regulations. The fmal construction plans for any structure shall be subject
to the review and approval of the Building Division prior to issuance of a building permit to
ensure compliance with these regulations.
Party Responsible for Implementation:
Applicant
Party Responsible for Monitoring:
Gilroy Planning Division
Monitoring Notes:
Mitigation Measure GEO-2
As an implementation step for any specific construction project, a soils foundation analysis shall
be completed by a qualified soils engineer as required by Action 25-E of the Gilroy 2020 General
Plan and shall be incorporated as a condition of approval. The scope of this report shall be
determined by the Gilroy Engineering Division, and shall include analysis of liquefaction
potential at the location of each proposed structure. Recommendations from this report shall be
incorporated into the grading plans for the proposed project and shall be subject to the review
and approval of the Gilroy Engineering Division prior to issuance of a building permit.
Party Responsible for Implementation:
Applicant
Party Responsible for Monitoring:
Gilroy Engineering Division
Monitoring Notes:
EMC PLANNING GROUP INC.
MMP-27
MITIGATION MONITORING PROGRAM
Mitigation Measure HY-1
The applicant shall, for each phase of the project, submit a Notice of Intent and detailed
engineering designs to the Central Coast RWQCB. This permit shall require development and
implementation of a Storm Water Pollution Prevention Plan (SWPPP) that uses storm water
"Best Management Practices" to control runoff, erosion, and sedimentation. Best management
practices must address source reduction and, if necessary, must include practices that require
treatment. Industrial uses, and commercial uses with outdoor components such as loading docks
and storage areas shall include best management practices specific to those uses, such as those
provided by the California Stormwater Quality Association. Following RWQCB approval, 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 and oil filters
preceding or incorporated into the design of storm inlets.
Party Responsible for Implementation:
Applicant
Party Responsible for Monitoring:
Gilroy Engineering Division
Monitoring Notes:
MMP-28
EMC PLANNING GROUP INC.
RANCHO SAN YSIDRO - MACHADO SUBDIVISION
Mitigation Measure N-1
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 muftlers that are
in good condition and appropriate for the equipment; and
c. Stationary noise-generating equipment shall be located as far as possible from sensitive
receptors when sensitive receptors adjoin or are near a construction project area.
Party Responsible for Implementation:
Applicant
Party Responsible for Monitoring:
Gilroy Planning Division
Monitoring Notes:
EMC PLANNING GROUP INC.
MMP-29
MITIGATION MONITORING PROGRAM
Step 4 During construction, the following mitigation
measures shall be implemented:
Mitigation Measure AQ-1
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.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Monitoring Notes:
Mitigation Measure 810-5
Prior to grading activities, in order to protect aquatic biological resources and to reduce water
erosion on the project site and risk of sedimentation downstream, the applicant shall implement
an erosion control plan and Storm Water Pollution Prevention Plan (refer to Mitigation Measure
HY 1) for site preparation, construction, and post-construction periods. The erosion control plan
may include, but not necessarily be limited to, the following components:
a. Limit grading to between April 16 and October 14 when the channels are dry;
b. Limit disturbance of soils and vegetation removal to the minimum area necessary for
access and construction;
c. Stake or flag grading limits in the field. The stakes or fencing shall remain in place until all
construction activities are complete;
d. Install an erosion control fence (i.e., sedimentation control fence) around the grading
limits;
e. Cover disturbed slopes with straw mulch or jute netting after seeding or planting;
MMP-30
EMC PLANNING GROUP INC.
RANCHO SAN YSIDRO - MACHADO SUBDIVISION
f. Stockpile topsoil from grading activities to be used at the project site for re-vegetation
purposes;
g. Cover or otherwise protect stockpiled soils during periods of rainfall;
h. Prevent storm water flow directly down unprotected slopes, devoid of vegetation, by
utilizing straw bales or diversion fencing;
1. Ensure grading operations are observed and evaluated by a qualified soils engineer; and
J. If construction within Ronan Channel disturbs vegetation or requires tree removal,
disturbed areas shall be revegetated, especially slopes and areas where tree removal has
occurred, with native species grown from local parent stock located from within the
adjacent Llagas Creek corridor as detailed in Santa Clara Valley Water District's Design
Guide 2 of the Water Resources Protection Manual (Santa Clara Valley Water District
2006).
In order to allow a prompt and effective response to any accidental spills occurring during
construction, and to protect on-site and downstream water quality and habitat, the applicant
shall prepare a spill abatement plan and hold a pre-construction worker orientation meeting(s) to
discuss the spill abatement plan. Workers will be informed of the importance of preventing spills,
and of the appropriate measures to take should a spill occur. The materials necessary for the
initial response to a spill will be kept at an easily accessible location on the project site.
Construction material debris, including trash, will not be allowed within the creek channel or
buffer area.
The erosion control and spill abatement plans will be included as part of the final improvement
plans. Biological resources protection mitigation measures will be made part of the specifications
of the construction design documents.
Party Responsible for Implementation:
Applicant
Party Responsible for Monitoring:
Gilroy Planning Division
Monitoring Notes:
EMC PLANNING GROUP INC.
MMP-31
MITIGATION MONITORING PROGRAM
Mitigation Measure GEO-3
Construction of the proposed project should be undertaken during the dry season (April 15-
October 15). If construction of the proposed project is undertaken during the wet season
(October IS-April 15) or any portion thereof, the project proponent shall incorporate the use of
straw bales at discharge areas and in swales as well as the use of seeding and hydromu1ching
where appropriate. The erosion control plan measures shall be subject to review and approval by
the Gilroy Engineering Division prior to the issuance of a building permit.
Party Responsible for Implementation:
Applicant
Party Responsible for Monitoring:
Gilroy Engineering Division
Monitoring Notes:
MMP-32
EMC PLANNING GROUP INC.
RANCHO SAN YSIDRO - MACHADO SUBDIVISION
Step 5 Prior to the issuance of occupancy permits, the
following mitigation measures shall be implemented:
Mitigation Measure PS-1
Prior to occupancy permits for industrial uses, the applicant shall submit an operation plan for
review by the Gilroy Fire Department. The operations plan shall provide information on the
type of materials and chemicals proposed for use and types of processes in which those materials
or chemicals would be used. The Gilroy Fire Department shall assess the hazardous potential of
the proposed use, and may require specific conditions of occupancy to ensure safety from fires,
explosions, air contamination, or corrosive materials.
Monitoring Notes:
Mitigation Measure T-3
Construction of the improvements (the installation of a traffic signal at the Cameron
Boulevard/Renz Lane intersection) by the applicant shall be verified as complete by the City
Engineer prior to issuance of an occupancy permit.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Engineering Division
Monitoring Notes:
Mitigation Measure T -4
Deleted - This measure is not necessary with implementation of Mitigation Measures T-5, T-6,
T-8, and T-lO. See City Council findings
EMC PLANNING GROUP INC.
MMP-33
MITIGATION MONITORING PROGRAM
MMP-34
EMC PLANNING GROUP INC.
RANCHO SAN YSIDRO - MACHADO SUBDIVISION
Mitigation Measure T-6
Construction by the applicant of improvements (Cameron Boulevard and the Cameron
Boulevard intersections with State Route 152 and Renz Lane, designed to accommodate the
northbound and southbound left turn movements and southbound right-turn movement from
Cameron Boulevard, as well as the westbound left turn movement from Renz Lane) shall be
verified by the City Engineer prior to approval of an occupancy permit.
Party Responsible for Implementation:
Applicant
Party Responsible for Monitoring:
Gilroy Engineering Division
Monitoring Notes:
Mitigation Measure T-7
The applicant shall complete a conversion of the Monterey Road/Tenth Street intersection
traffic signals to 8-phase operation (protected left turn phasing on all approaches), prior to
issuance of occupancy permits, and subject to the review and approval of the City Engineer. If
the improvements are already in place, this measure shall not be necessary.
Party Responsible for Implementation:
Applicant
Party Responsible for Monitoring:
Gilroy Engineering Division
Monitoring Notes:
EMC PLANNING GROUP INC.
MMP-35
MITIGATION MONITORING PROGRAM
Mitigation Measure T-9
Construction by the applicant of improvements (a second eastbound through lane at the
Monterey Street I Luchessa Avenue intersection) shall be verified as complete by the City
Engineer prior to issuance of an occupancy permit.
Party Responsible for Implementation:
Applicant
Party Responsible for Monitoring:
Gilroy Engineering Division
Monitoring Notes:
Mitigation Measure T-10
Construction by the applicant of improvements: (the existing southbound left-turn pocket shall
be lengthened to provide the necessary storage to accommodate projected maximum peak-hour
vehicle queues at Monterey Street and Tenth Street; the existing northbound right-turn pocket
shall be lengthened to provide the necessary storage to accommodate projected maximum peak-
hour vehicle queues at Camino Arroyo and Renz Lane, and a second northbound left-turn
pocket and a second westbound receiving lane on Renz Lane) shall be verified as complete by
the City Engineer prior to issuance of an occupancy permit.
Party Responsible for Implementation:
Applicant
Party Responsible for Monitoring:
Gilroy Engineering Division
Monitoring Notes:
MMP-36
EMC PLANNING GROUP INC.
RANCHO SAN YSIDRO - MACHADO SUBDIVISION
Step 6 No later than 6-months after the first Building
Permit is issued, the applicant shall start construction of the
following mitigation measures. Completion and City final
inspection and/or acceptance of the mitigation measures
shall occur at the earlier of the two following timeframes: a)
no later than 18-months after the first Building Permit is
issued; or b) no later than 12-months after the first
Certificate of Occupancy has been issued.
Mitigation Measure T-1
Construction of the improvements (the conversion of one southbound left-turn lane to a
southbound through lane at the Camino Arroyo/State Route 152 intersection) by the applicant
shall be verified as complete by the City Engineer. If improvements include work within the
Caltrans right-of-way, the applicant shall obtain an encroachment permit from Caltrans prior to
commencement of work.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Engineering Division
Monitoring Notes:
EMC PLANNING GROUP INC.
MMP-37
MITIGATION MONITORING PROGRAM
Mitigation Measure T -8
The developer shall be responsible for the purchase of the necessary right-of-way needed to
construct the interim roadway connecting the Luchessa Avenue/Rossi Lane and Camino
Arroyo/Ventura Way intersections (Interim Luchessa Connection). This right-of-way shall be a
minimum of 47 feet wide. The developer shall complete the ultimate geometric roadway design
(the developer shall design only what is necessary to ensure the interim roadway is consistent
with the ultimate geometric design); interim roadway design; and construction of the interim
roadway consisting of two l2-foot travel lanes, two 6-foot bike lanes, two 2-foot shoulders, and
drainage and lighting improvements. Improvement plans and construction shall be completed to
the satisfaction of the City Engineer, and the dedication of the roadway shall be accepted by the
City with the timing of this improvement as set forth above.
Party Responsible for Implementation:
Applicant
Party Responsible for Monitoring:
Gilroy Engineering Division
Monitoring Notes:
MMP-38
EMC PLANNING GROUP INC.
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2011-01 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 10th day of January, 2011, 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 11 th day of January, 2011.
Shawna Freels, CMC
City Clerk of the City of Gilroy
(Seal)