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Resolution 2011-38 RESOLUTION NO. 2011-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY MAKING CERTAIN FINDINGS CONCERNING IMPACTS AND MITIGATION MEASURES IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IN CONNECTION WITH APPROVAL OF A ZONE CHANGE FROM OPEN SPACE TO COMMERCIAL INDUSTRIAL, Z 08-01, ON APPROX. 20 ACRES AND CREATION OF 17 LOTS, TM 08-01, FOR WHICH AN ENVIRONMENT AL IMPACT REPORT HAS BEEN PREPARED, MONTEREY ROAD INVESTMENT GROUP WHEREAS, the City Council of the City of Gilroy ("City") intends to approve Monterey Road Investment Group's zone change application Z08-01 to redesignate approximately 20 acres from Open Space to CommercialJIndustrial and tentative map application TM 08-01 to create 17 commerciallindustriallots, hereinafter ''the Project," located at 5350 Monterey Road, APN 841- 31-021; and WHEREAS, the Project was subject to a Final Environmental Impact Report ("Final EIR") prepared by the City as the lead agency in compliance with the California Environmental Quality Act (Pub. Resources Code ~ 21000 et seq.) and the CEQA Guidelines (Cal. Code Regs., Title 14, ~15000 et seq.) ("CEQA"), entitled Monterey Road Commercial Center Zone Change and Subdivision and Fortino Zone Change; and WHEREAS, the Final EIR for the Project consists of the Draft EIR dated October 18, 2010 (State Clearinghouse number 2010062049), and the Final EIR dated April 25, 2011, prepared for the City of Gilroy by EMC Planning Group Inc.; and WHEREAS, the Final EIR was adequately and timely noticed and circulated for public review, and public comments were received and considered. The City of Gilroy distributed the Notice of Preparation to all Responsible Agencies on June 17,2010. Responses to the Notice of Preparation were considered in the preparation of the EIR and included as an appendix to the EIR. The City of Gilroy timely distributed a Notice of Completion with copies of the EIR, and timely posted the Notice of Completion at the County of Santa Clara County Clerk's office. The City of Gilroy published a Notice of Availability in the Gilroy Dispatch on November 2, 2010. The City of Gilroy received comment letters from Ruggeri-Jensen-Azar and the Santa Clara Valley Water District, and responded to these in the Final EIR, copies of which were provided to the commenters no less than ten days prior to project approval; and WHEREAS, the Planning Commission received public testimony on the Final EIR and the Project at a duly noticed public hearing on May 5, 2011, and recommended certification of the Final EIR and approval of the Project; and WHEREAS, the Final EIR and the Project were considered by the City Council at a duly noticed public hearing on June 6, 2011; and the City Council directed that a resolution of the City Council be drafted certifying the Final EIR as completed in compliance with CEQA, that the Final EIR represents the independent judgment of the City, and that the City Council had lLAC\853127.1 071211-04706089 -1- Resolution No. 2011-38 reviewed and considered the Final EIR and other information in the record, including the written and oral comments received at the public meetings on the EIR, prior to approving the Project. And that said resolution should make the required findings pursuant to CEQA regarding significant environmental effects and mitigation measures and alternatives, which for this Project are set forth in this Resolution No. 2011-38; and WHEREAS, at the public hearing on June 6, 2011, the City Council directed that the Final EIR be revised to correct an error regarding the number of acres of Prime Farmland on the site in its analysis of the loss of agricultural lands to state that there are 12.2 acres of Prime Farmland and 7.8 acres of urban and built-up land on the project site and to set forth the partial mitigation measure relating to this unavoidable significant effect; and it was directed to add a mitigation measure that the requirements of the City of Gilroy Climate Action Plan when adopted will be adhered to in connection with the Project; and WHEREAS, the City Council on July 18, 2011, adopted this Resolution No. 2011- _certifying the Final EIR and making the required findings in compliance with CEQA prior to approving the Project; and WHEREAS, the City Council does hereby designate the City Clerk's office of the City of Gilroy, at 7351 Rosanna Street, Gilroy, California 95020, as the custodian of documents and record of proceedings on which the decision to approve the Project is based. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY HEREBY MAKES AND ADOPTS THE FOLLOWING CEQA FINDINGS FOR THE MONTEREY ROAD INVESTMENT GROUP ZONE CHANGE Z08-01 AND TENTATIVE MAP TM08-01: A. FINDINGS CONCERNING SIGNIFICANT ENVIRONMENTAL EFFECTS A. AESTHETICS Decline in Visual Quality 1. Impact. Development of the Monterey Road Commercial Center site could contribute to a decline in visual quality at the south Monterey Road gateway area. This is 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 visual effects of project development in the Monterey Road gateway area, when implemented. 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 will require compliance with the measures prior to issuance of development permits. lLAC\853127.1 071211-04706089 -2- Resolution No. 2011-38 3. Mitigation. a. (A-I) To preserve the appearance of the South Monterey Road gateway area, the applicants shall prepare a landscaping plan for the Monterey Road frontage consistent with the provisions of General Plan Implementation Action I.H, prior to issuance of any building permit for development on Lot 1 and Lot 2 any parcel or lot fronting Monterey Road, for review and approval by the Planning Division. b. (A-2) Future developers of Lot 1 and/or Lot 2 shall include landscaping plans and buildings designed consistent with the provisions of General Plan Implementation Action I.H and shall be submitted to the Planning Division for design review prior to issuance of any building permit. Retaining Wall Height 1. Impact. The combined height of the retaining walls/fencing when viewed from the interior of the site would not exceed the seven-foot maximum height limit. This is 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 visual effects of project development in the Monterey Road gateway area, when implemented. 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 will require compliance with the measures prior to issuance of development permits. 3. Mitigation. (A-4) Prior to approval of Architectural and Site Review, the project applicant shall redesign the combined exterior retaining wall/fence height consistent with the City's zoning ordinance requirements for maximum permitted fence and retaining wall heights as set forth in Municipal Code Section 24.32. All proposed fencing and materials shall be included on the fmal Landscaping Plan consistent with the City's Landscaping Policy and Mitigation Measures A-I and A-2, above. B. AGRICULTURAL RESOURCES Loss of Prime Farmland 1. Significant Unavoidable Impact. The project will result in the loss of 12.2 acres of Prime Farmland. 2. Findings of Fact. The City of Gilroy hereby fmds that City Council Resolution 2002-41, adopted June 13, 2002, certifying the Final EIR for the update of the General Plan, identified loss of Prime Farmland as a significant and unavoidable impact. The General Plan includes mitigation measures that will lessen the significant impact on conversion of prime farmland, but not to a less than significant level (see Section 4.4.1 of the General Plan EIR). lLAC\853127.1 071211-04706089 -3- Resolution No. 2011-38 3. Partial Mitigation. The project includes partial mitigation in the form of adherence to the City of Gilroy Agricultural Mitigation Policy as set forth in City Council Resolution 2004-45. This mitigation measure is effective and feasible and will lessen the impact but not to a less than significant level. Therefore, the impact remains significant and unavoidable. 4. Statement of Overriding Considerations. In approving the Project, the City of Gilroy City Council hereby finds that each of the social or economic considerations enumerated below constitutes a separate and independent ground for finding that the benefits of the Project outweigh the risks of its potential significant adverse environmental impacts, including the loss of 12.2 acres of Prime Farmland: a. The project site is within the City limits and future development of the site consistent with the growth envisioned by the City's adopted General Plan will direct commercial, industrial and office, job and revenue producing uses, toward the urban core of the City. b. The project is consistent with commercial uses anticipated by the City's General Plan General Commercial land use designation, and amends the zoning ordinance to allow the future development of these anticipated uses. c. The project will increase opportunities for employment and/or revenue-producing opportunities within the City of Gilroy city limit, which otherwise may be located within other jurisdictions or in areas that would require premature expansions of the City's Urban Service Area. C. AIR QUALITY Exposure to Construction Emissions 1. Impact. The proposed project has the potential to expose substantial numbers of sensitive receptors to dust and equipment exhaust from construction activities if the proposed, adjacent Cherry Orchard Ranch senior housing project is approved and constructed and the homes are occupied prior to site preparation and construction on the project site. This is 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 significant adverse construction dust and exhaust emissions impacts. The mitigation measures will require actions that minimize or reduce conditions and activities that lead to dust and exhaust entering the air in proximity to sensitive receptors. Implementation of the mitigation measure 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 and Engineering Divisions will require compliance with the measures prior to issuance of development permits. lLAC\853127.1 071211-04706089 -4- Resolution No. 2011-38 3. Mitigation. a. (AQ-l) During construction, the following measures shall be implemented at the site: 1) Water all active construction areas at least twice daily; 2) Cover all trucks hauling soil, sand, and other loose materials or require trucks to maintain at least two feet of freeboard; 3) Pave, apply water three times daily, or apply (non-toxic) soil stabilizers no all unpaved access roads, parking areas, and staging areas at construction sites; 4) Sweep daily (with water sweeper) all paved access roads, parking areas, and staging areas at construction sites; 5) Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets; and 6) If the Cherry Orchard Ranch project is approved and constructed, and residences are occupied prior to the onset of construction at the project site, the developer shall suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 mph or visible clouds affect sensitive receptors. b. (AQ-2) During construction, the following measures shall be implemented at the construction site: 1) The idling time of all construction equipment shall not exceed five minutes; 2) Limits the hours of operation of heavy duty equipment and/or the amount of equipment in use; 3) All equipment shall be properly tuned and maintained in accordance with the manufacturer's specifications; 4) When feasible, alternative fueled or electrical construction equipment shall be used at the project site; 5) Use the minimum practical engine size for construction equipment; and 6) Gasoline-powered equipment shall be equipped with catalytic converters, where feasible. lLAC\853127.1 071211-04706089 -5- Resolution No. 2011-38 Release of Airborne Hazardous Materials 1. Impact. Demolition of existing buildings could result in the release of asbestos into the air and increase exposures to airborne asbestos. 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 significant adverse demolition asbestos impacts. The mitigation measure will require actions that minimize or reduce conditions and activities that lead to asbestos 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 Planning Division will require compliance with the measure prior to issuance of development permits. 3. Mitigation. (AQ-3) For any building constructed prior to 1980, the developer shall consult with the BAAQMD Enforcement Division prior to commencing demolition to determine permit requirements. Removal of asbestos-containing building materials is subject to the limitations of District Regulation 11, Rule 2: Hazardous Materials; Asbestos Demolition, Renovation and Manufacturing. D. BIOLOGICAL Nesting Raptors and Birds 1. Impact. Tree removal, demolition and site preparation activities are proposed by the project, which have the potential to disturb birds protected under the federal Migratory Bird Act during the nesting season. If active nest( s) of protected bird species are present, tree removal, demolition, site preparation activities, and future construction on the site, 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 would be a potentially significant impact. 2. Findings of Fact. The City of Gilroy City Council hereby fmds 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 birds to be conducted by a qualified biologist within 30 days prior to tree removal, building demolition, grading and/or construction, if any of these activities occur during the nesting season (nesting typically occurs between 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 lLAC\853127.1 071211-04706089 -6- Resolution No. 2011-38 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 the removal of 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 Division for review prior to the initiation of ground disturbance. E. CULTURAL Incidental Disruption of Cultural Resources 1. Impact. The project has the potential for accidental discovery of unknown buried cultural resources during grading and construction activities. 2. Findings of Fact. The City of Gilroy City Council hereby fmds that the following mitigation measures are feasible and will effectively mitigate potentially significant adverse impacts on unknown buried cultural resources that could be accidentally discovered during project-related ground disturbing activities. 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 will require compliance with the measures prior to issuance of development permits. 3. Mitigation. a. (CR-l) Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included on any permits issued for the project site, subject to the review and approval of the Gilroy Planning Division (pursuant to Gilroy General Plan Policy 5.07): If archaeological resources are discovered during construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. b. (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 the language is included in all permits in accordance with CEQA Guidelines section 15064.5( e), subject to the review and approval of the City of Gilroy Planning Division: If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for lLAC\853127.1 071211-04706089 -7- Resolution No. 2011-38 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. F. HAZARDS Release of Airborne Hazardous Materials 1. Impact. Demolition of existing buildings could result in the release of asbestos into the air and increase exposures to airborne asbestos. 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 significant adverse demolition impacts. The mitigation measure will require actions that minimize or reduce conditions and activities that lead to asbestos 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 Planning Division will require compliance with the measure prior to issuance of development permits. 3. Mitigation. (AQ-3) For any building constructed pnor to 1980, the developer shall consult with the BAAQMD Enforcement Division prior to commencing demolition to determine permit requirements. Removal of asbestos-containing building materials is subject to the limitations of District Regulation 11, Rule 2: Hazardous Materials; Asbestos Demolition, Renovation and Manufacturing. G. HYDROLOGICAL Storm Water Run-off Quality 1. Impact. The proposed project includes grading and future development would result in an increase in impervious surfaces, which increases urban runoff. Exposure of bare or disturbed soil to runoff during construction would cause erosion and sediment in the runoff. Future development of the site could increase the amount of urban pollutants entering the storm drain system. This is 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 significant adverse effects on water quality. Implementation of the mitigation measures is the responsibility of future developer(s) of the project site. The mitigation measures are fully enforceable by the Gilroy Engineering Division. The Santa Clara Valley Water District and/or Central Coast Regional lLAC\853127 .1 071211-04706089 -8- Resolution No. 2011-38 Water Quality Control Board will require compliance with the measures prior to issuance of development permits. 3. Mitigation. (HWQ) The applicant and future developers of individual lots shall comply with all City of Gilroy, Santa Clara Valley Water District, and Regional Water Quality Control Board requirements for the proper treatment and retention/detention of storm water. Compliance with these requirements shall be confirmed prior to issuance of a grading permit. H. NOISE Traffic Noise 1. Impact. The project has the potential to expose receptors to unacceptable levels of traffic noise, which are already experienced on Lots 1 and 2 of the proposed subdivision. 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 traffic-related noise impacts to commercial and industrial uses exposed to unacceptable levels of traffic noise. 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. (N-l) Prior to Architectural and Site Review approval, the project developer(s) for Lot 1 and Lot 2 shall provide evidence demonstrating that proposed development is in compliance with the City's exterior noise thresholds for commercial or industrial uses, whichever type of development is planned for Lot 1 and/or Lot 2. I. TRANSPORTATION AND TRAFFIC Traffic Hazard at Bolsa Road and Project Driveway 1. Impact. With the addition of project trips, the signalized intersection of Monterey Road and Luchessa Avenue would operate at an unacceptable level of service during the PM peak hour. This 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 significant traffic level of service impacts at the Monterey Road and Luchessa Avenue intersection. 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) The applicant shall construct either an additional westbound left-turn lane or an additional northbound left-turn lane at the intersection of Monterey Road and Luchessa Avenue. lLAC\853127.1 071211-04706089 -9- Resolution No. 2011-38 Traffic Hazard at Monterey Road and Project Driveway 1. Impact. The Monterey Road Commercial project would generate vehicle trips that would cause the Monterey Road/Project Entry intersection to operate on the verge of level of service failure during peak hours, unless turn lane improvements are made. This is a potentially significant impact. 2. Findings of Fact. The City of Gilroy City Council hereby finds that implementation of the following mitigation measure is feasible and will effectively mitigate significant adverse effects from unsafe turning movements, vehicle queuing and turn pocket storage. 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 and Engineering Divisions will require compliance with the measures prior to issuance of development permits. 3. Mitigation. (T -2) The applicant shall widen Monterey Road at the project entry to accommodate a southbound left-turn lane into the project site to provide for safe and efficient left-turn access into the site. The southbound left-turn pocket should be a minimum of 325 feet long to accommodate the expected maximum vehicle queues. Separate outbound left- and right-turn lanes should be provided on the project entry approach at Monterey Road Cumulative Level of Service Decline at Monterey Road and Project Driveway 1. Impact. The Monterey Road Commercial project would contribute to a cumulative decline in LOS at the intersection of Monterey Road and the Project Driveway. 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 significant traffic level of service impacts at the Monterey Road and the Project Driveway intersection. 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) For the intersection of Monterey Road and Project Entry, the project's cumulative impact would be mitigated by installing a traffic signal at this intersection, providing a separate southbound left-turn lane, and providing separate westbound right- and left-turn lanes. The southbound left-turn pocket should be a minimum of 325 feet long to accommodate expected maximum vehicle queues. Inadequate Emergency Access 1. Impact. The Monterey Road Commercial project proposed connections to the existing and future surrounding street network are sufficient for emergency vehicle access when the adjacent properties eventually develop. However, under near-term conditions, before either adjacent property develops, the project site will be served by only one access point (the main access connection to Monterey Road). The City of Gilroy requires two separate approved fire apparatus access roads for developments with more than 62,000 square feet of building area. ILAC\853127.1 071211-04706089 -10- Resolution No. 2011-38 Therefore, the Monterey Road Commercial project has inadequate emergency vehicle access. This 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 significant impacts from inadequate emergency access to the site. 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, the Gilroy Engineering Division and Fire Marshall will require compliance with the measure prior to issuance of development permits. 3. Mitigation. A minimum of two emergency vehicle access points should be provided for the site. The site access design should be modified accordingly, subject to the review and approval of the City of Gilroy Engineering Division and Fire Marshall, to ensure that the site satisfies City of Gilroy requirements for emergency vehicle access. J. GREENHOUSE GAS EMISSIONS Incremental Increase in Greenhouse Gas Emissions that Contribute to Climate Change 1. Impact. The Monterey Road Commercial project will generate greenhouse gas ("GHG") emissions that contribute to global warming. GHG emissions from the proposed project would exceed the BAAQMD 1,100 metric ton threshold of significance by 11,652 metric tons per year, which would equate to a cumulatively considerable contribution to the cumulative impact of climate change. This is a significant and unavoidable cumulative impact. Mitigation Measure CC-l would reduce project GHG emissions but not to a less than significant level. 2. Findings of Fact. The City of Gilroy City Council hereby fmds that the following mitigation measure is feasible and effective; however, it will not fully mitigate the project's contribution to the cumulative significant adverse effects of climate change, and therefore this impact is unavoidable, and that a statement of overriding considerations will be required if the City approves the Project. Implementation of the mitigation measure is the responsibility of the future developer( s) of the project site. The mitigation measure is fully enforceable by the City of Gilroy, and the Gilroy Planning Division will require documentation of compliance with the measure for future development projects on the project site. 3. Partial Mitigation. (CC-l) Prior to each Architectural and Site Approval for individual lots within the subdivision, the following greenhouse gas emissions reduction measures shall be incorporated in the site plan: a. pedestrian network that internally links all uses and connects to all existing/planned external streets and pedestrian facilities contiguous with the project site. Project design shall include a designated pedestrian route interconnecting all internal uses, site entrances, primary building entrances, public facilities, and adjacent uses to existing external pedestrian facilities and streets. This route shall have minimal conflict with parking and automobile lLAC\853127.1 071211-04706089 -11- Resolution No. 2011-38 circulation facilities. Streets within the project shall have sidewalks on both sides. All sidewalks adjacent to project site shall be a minimum of five feet wide. All sidewalks shall have vertical curbs. Pedestrian facilities and improvements shall include grade separation, wider sidewalks, and traffic calming features wherever feasible to minimize pedestrian barriers. All site entrances shall provide pedestrian access; b. one bike rack space per 20 vehicle/employee parking spaces; c. "end-of-trip" facilities (four clothes lockers and one shower for every 80 employee parking spaces, and separate facilities for each gender for projects with 160 or more employee parking spaces); d. site design and building placement shall not include barriers (such as walls, berms, landscaping, and slopes) to pedestrian access and interconnectivity; e. provide no more than the minimum amount of parking required by City ordinance; f. on-site parking facilities shall not be adjacent to street frontage; g. preferential parking space locations for electric vehicles (EV) and compressed natural gas (CNG) vehicles; h. solar water heaters; i. drought resistant native trees and trees with low emissions and high carbon sequestration potential. Evergreen trees on the north and west sides afford the best protection from the setting summer sun and cold winter winds. Additional considerations include the use of deciduous trees on the south side of buildings that will admit summer sun; evergreen plantings on the north side will slow cold winter winds; constructing a natural planted channel to funnel summer cooling breezes into the house. Bunch grass and low-water landscaping are encouraged; j. Energy Star-labeled roof materials; k.. energy-reducing programmable thermostats that automatically adjust temperature settings; l. energy efficient appliances (e.g., Energy Star); m. energy-reducing shading mechanisms for windows, porch, patio and walkway overhangs; and n. energy-reducing day lighting systems (e.g., skylights, light shelves and interior transom windows). ILAC\853127.1 071211-04706089 -12- Resolution No. 2011-38 o. conformance with all requirements of the City's Climate Action Plan when it is adopted. B. FINDINGS CONCERNING ENVIRONMENTAL EFFECTS SIGNIFICANT UNAVOIDABLE A. AGRICULTURAL RESOURCES Loss of Prime Farmland 1. Significant Unavoidable Impact. The project will result in the loss of 12.2 acres of Prime Farmland. 2. Findings of Fact. The City of Gilroy hereby finds that City Council Resolution 2002-41, adopted June 13, 2002, certifying the Final EIR for the update of the General Plan, identified loss of Prime Farmland as a significant and unavoidable impact. The General Plan includes mitigation measures that will lessen the significant impact on conversion of prime farmland, but not to a less than significant level (see Section 4.4.1 of the General Plan EIR. 3. Partial Mitigation. The project includes partial mitigation in the form of adherence to the City of Gilroy Agricultural Mitigation Policy as set forth in City Council Resolution 2004-45. This mitigation measure is effective and feasible, and will lessen the impact but not to a less than significant level. Therefore, the impact remains significant and unavoidable. 4. Statement of Overriding Considerations. In approving the Project, the City of Gilroy City Council hereby finds that each of the social or economic considerations enumerated below constitutes a separate and independent ground for finding that the benefits of the Project outweigh the risks of its potential significant adverse environmental impacts, including the loss of 12.2 acres of Prime Farmland: a. The project site is within the City limits and future development of the site consistent with the growth envisioned by the City's adopted General Plan will direct commercial, industrial and office, job and revenue producing uses, toward the urban core of the City. b. The project is consistent with commercial uses anticipated by the City's General Plan General Commercial land use designation, and amends the zoning ordinance to allow the future development of these anticipated uses. c. The project will increase opportunities for employment and/or revenue-producing opportunities within the City of Gilroy city limit, which otherwise may be located within other jurisdictions or in areas that would require premature expansions of the City's Urban Service Area. lLAC\853127.1 071211-04706089 -13- Resolution No. 2011-38 B. GREENHOUSE GAS EMISSIONS Incremental Increase in Greenhouse Gas Emissions that Contribute to Climate Change 1. Significant Unavoidable Impact. The Monterey Road Commercial project will generate greenhouse gas ("GHG") emissions that contribute to global warming. GHG emissions from the proposed project would exceed the BAAQMD 1,100 metric ton threshold of significance by 11,652 metric tons per year, which would equate to a cumulatively considerable contribution to the cumulative impact of climate change. Mitigation Measure CC-l as summarized above in Section J Greenhouse Gas Emissions would reduce project GHG emissions but not to a less than significant level. This is a significant and unavoidable cumulative impact. 2. Findings of Fact. The City of Gilroy City Council hereby finds that mitigation measure CC-l is feasible and effective; however, it will not fully mitigate the project's contribution to the cumulative significant adverse effects of climate change, and therefore, the impact would remain significant and unavoidable. 3. Statement of Overriding Considerations. In approving the Project, the City of Gilroy City Council hereby finds that each of the social or economic considerations enumerated below constitutes a separate and independent ground for finding that the benefits of the Project outweigh the risks of its potential significant adverse environmental impacts, including the Project's contribution to the cumulative effects of climate change: a. The project site is within the City limits and future development of the site consistent with the growth envisioned by the City's adopted General Plan will direct commercial, industrial and office, job and revenue producing uses, toward the urban core of the City. b. The project is consistent with commercial uses anticipated by the City's General Plan General Commercial land use designation, and amends the zoning ordinance to allow the future development of these anticipated uses. c. The project will increase opportunities for employment and/or revenue-producing opportunities within the City of Gilroy city limit, which otherwise may be located within other jurisdictions or in areas that would require premature expansions of the City's Urban Service Area, and may result in greater emissions and transportation impacts from an increase in vehicle miles travelled to these locations. C. FINDINGS CONCERNING PROJECT ALTERNATIVES A. ALTERNATIVES CONSIDERED The Draft EIR studied two alternative projects in accordance with CEQA Guidelines section 15126.6(a) and the City Council has considered these alternative projects. The alternatives studied were identified in the Draft EIR as the "no project" alternative and the "modified development ratio" alternative. The "no project" alternative was studied in accordance lLAC\853127.1 071211-04706089 -14- Resolution No. 2011-38 with CEQA Guidelines section 15126.6(c), and considered the effects of continued agricultural use ofthe project site. The "modified development ratio" alternative assumes that future development consistent with the General Services Commercial land use designation would occur on the site, but with less gross floor area than assumed by the proposed project. B. AL TERNATIVES ANALYSIS 1. No Project Alternative. The City of Gilroy City Council hereby finds that the Draft EIR identified the "no project" 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 City of Gilroy City Council finds that the "no project" alternative does not attain the primary objectives of the project, namely, for the Monterey Road Commercial Center site, to remove all buildings and prepare the site for future development consistent with the General Services Commercial General Plan land use designation. The Project objective is to change the zoning designation to allow commercial uses consistent with the General Plan land use designation. 2. Modified Development Ratio Alternative. The "modified development ratio" alternative was identified as the second environmentally superior alternative. The "modified development ratio" alternative would result in fewer GHG emissions on the site, dependent upon the extent of reductions in the gross floor area. For example, if the gross floor area of future development was reduced by 10 percent, a 10 percent reduction in annual operational emissions would also be expected, thus reducing the impact of project-related GHG emissions' contributing to climate change. Under this alternative, the greater the reduction in floor area, the greater the reduction in on-site emissions. However, this alternative would also reduce the number of employment opportunities on the site in the future. As a result, job growth envisioned by the general plan would be provided by other development that may be located within other jurisdictions or in areas that would require premature expansions of the City's Urban Service Area, and may result in greater emissions and transportation impacts from an increase in vehicle miles travelled to these locations. Therefore, although this alternative would be superior to the proposed Project in terms of its site-specific emissions contributions to climate change, the job producing benefits of the proposed project would outweigh the significant adverse effects of these emissions. The City of Gilroy City Council hereby finds that although the "modified development ratio" alternative was identified as the second environmentally superior alternative after the "no project" alternative, the Project is approvable since it would provide increased opportunities for future employment in proximity to existing infrastructure and services, which will correspondingly encourage fewer vehicle miles travelled and result in lesser impacts to transportation and climate change. lLAC\853127.1 071211-04706089 -15- Resolution No. 2011-38 D. FINDINGS CONCERNING ADDITIONAL ENVIRONMENTAL EFFECTS A. GLOBAL CLIMATE CHANGE 1. Incremental increase in emissions that contribute to climate change. Future development of the project site would contribute incrementally to an increase in Greenhouse Gas (GHG) emissions that contribute to climate change. The City is applying the San Francisco Bay Area Air Quality Management District's threshold of significance in EIRs to analyze the effects of increased Greenhouse Gas Emissions from proposed development projects. Future development of the project site will result in an incremental increase in GHG emissions that contribute to climate change. implement the Climate Action Plan. 2. Mitigation: Mitigation Measure CC-l as summarized above in Section J "Greenhouse Gas Emissions" will provide partial mitigation by helping to reduce project GHG emissions but not to a less than significant level. The City will develop a comprehensive a Climate Change Program. The Climate Change Program will consist of actions the City will implement to reduce GHG emissions from activities throughout the City, including but not limited to municipal activities and both private and public sector development projects. The Climate Change Program will include, but may not be limited to the following measures: a. Prepare a Climate Action Plan within 36 months. The Climate Action Plan will be adopted as a separate element of the General Plan or as a component of an existing General Plan element. The Climate Action Plan will include the following components: b. An inventory of all public and private sources of GHG emissions in the City, including: current GHG emissions, estimated inventory of 1990 GHG emissions, and inventory of projected 2020 GHG emission; c. Specific targets for reducing current and projected 2020 GHG emissions levels from sources of emissions reasonably attributable to the City's discretionary land use decisions and the City's internal government operations. Targets shall be consistent with those found in AB 32, other state laws, or applicable local or regional laws or plans addressing GHG emissions; d. Specific and general tools, strategies, and policies to reduce current and projected 2020 GHG emissions and to meet the Climate Change Program targets by 2020; and e. A systematic monitoring program to ensure that implementation of the tools, strategies, and policies to reduce emissions is effectively reducing GHG emissions and to track the City's progress towards meeting its 2020 emissions reduction targets. The program will include annual reporting to the City Council on progress in meeting targets and if it appears that the tools, strategies, and policies will not result in the City meeting its targets, the City will make appropriate modifications to the tools and strategies and/or adopt new measures. lLAC\853127.1 071211-04706089 -16- Resolution No. 2011-38 f. The project will be required to follow all requirements of the Climate Action Plan, when it is adopted. 3. Findings of Fact. The City of Gilroy City Council hereby recognizes that the climate change effects of the proposed project must be addressed and that a programmatic approach to mitigation will be implemented. The City of Gilroy has begun to directly address climate change and the General Plan contains vision statements and policies and actions whose implementation will help to reduce GHG emissions throughout the City. The City recognizes the need to enhance its approach to addressing climate change in a structured, systematic manner. For this reason, and consistent with the City's intent when signing the U.S. Mayors Climate Protection Agreement in 2007, the City will develop a Climate Change Program. The City has taken a proactive step and has secured funds for this purpose by apply for and receiving an Energy Efficiency and Conservation Block Grant from the Department of Energy. The block grant program is funded through National Recovery and Reinvestment Act of 2009 ("Stimulus" package). Grant money will be allocated specifically to begin preparation of components of the Climate Change Program. The City of Gilroy City Council hereby finds that the implementation of the above mitigation measure is feasible and will help mitigate the adverse effects from the Project's incremental increases in GHG emissions that contribute to climate change. The mitigation measure is fully enforceable by the City of Gilroy, and the Gilroy Community Development Department will require documentation of compliance with the measures. E. ADOPTION OF THE MITIGATION MEASURES AND MITIGATION MONITORING PROGRAM The City Council hereby adopts the mitigation measures proposed in the Final EIR as summarized herein as conditions of the Project. The City Council hereby adopts the Mitigation and Monitoring Program attached hereto as Exhibit "A", which is incorporated herein by this reference. PASSED AND ADOPTED this 18th day of July, 2011, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, DILLON, LEROE- MUNOZ, TUCKER, WOODWARD and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE lLAC\853127.1 071211-04706089 -17- Resolution No. 2011-38 APPROVED: ~ ILAC\853127.1 071211-04706089 -18- Resolution No. 2011-38 EXHIBIT A MONTEREY ROAD COMMERCIAL CENTER ZONE CHANGE & SUBDIVISION (Z 08-01, TM 08-01) MITIGATION MONITORING PROGRAM INTRODUCTION CEQA Guidelines section 15097 requires public agencies to adopt reporting or monitoring programs when they approve projects subject to an environmental impact report or a negative declaration that includes mitigation measures to avoid significant adverse environmental effects. The reporting or monitoring program is to be designed to ensure compliance with conditions of project approval during project implementation in order to avoid significant adverse environmental effects. The law was passed m response to historic non-implementation of mitigation measures presented in environmental documents and subsequently adopted as conditions of project approval. In addition, monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures. A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measure's compliance. This monitoring program is EMC PLANNING GROUP INC. MMP-I MITIGATION MONITORING PROGRAM designed to provide a mechanism to ensure that mitigation measures and subsequent conditions of project approval are implemented. MONITORING PROGRAM The basis for this monitoring program is the mItIgation measures included in the project environmental impact report. These mitigation measures are designed to eliminate or reduce significant adverse environmental effects to less than significant levels. These mitigation measures become conditions of project approval, which the project proponent is required to complete during and after implementation of the proposed project. The attached checklist is proposed for monitoring the implementation of the mItIgation measures. This monitoring checklist contains all appropriate mitigation measures in the 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 ftle. 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. MMP-2 EMC PLANNING GROUP INC. MONTEREY ROAD COMMERCIAL CENTER ZONE CHANGE AND SUBDIVISION 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. EMC PLANNING GROUP INC. MMP-3 MITIGATION MONITORING PROGRAM MITIGATION MONITORING CHECKLIST Step 1 Prior to application ZOB-01, be implemented: the effective date of zone change the following mitigation measure shall Mitigation Measure A-1 The applicant shall enter into an Agricultural Mitigation Agreement with the City m conformance with the City's Agricultural Mitigation Policy. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: MMP-4 EMC PLANNING GROUP INC. MONTEREY ROAD COMMERCIAL CENTER ZONE CHANGE AND SUBDIVISION Step 2 Prior to approval of Architectural and Site Review approval for each lot, the following mitigation measures shall be implemented: Mitigation Measure A-4 The project applicant shall redesign the combined exterior retaining wall/fence height consistent with the City's zoning ordinance requirements for maximum permitted fence and retaining wall heights as set forth in Municipal Code Section 24.32. All proposed fencing and materials shall be included on the final Landscaping Plan consistent with the City's Landscaping Policy and Mitigation Measures A-I and A-2. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: EMC PLANNING GROUP INC. MMP-5 MITIGATION MONITORING PROGRAM Mitigation Measure N-1 The project developer( s) for Lot 1 and Lot 2 shall provide evidence demonstrating that proposed development is in compliance with the City's exterior noise thresholds for commercial or industrial uses, whichever type of development is planned for Lot 1 and/or Lot 2. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: MMP-6 EMC PLANNING GROUP INC. MONTEREY ROAD COMMERCIAL CENTER ZONE CHANGE AND SUBDIVISION Mitigation Measure CC-1 Prior to each Architectural and Site Approval for individual lots within the subdivision, the following greenhouse gas emissions reduction measures shall be incorporated in the site plan: a. pedestrian network that internally links all uses and connects to all existing/planned external streets and pedestrian facilities contiguous with the project site. Project design shall include a designated pedestrian route interconnecting all internal uses, site entrances, primary building entrances, public facilities, and adjacent uses to existing external pedestrian facilities and streets. This route shall have minimal conflict with parking and automobile circulation facilities. Streets within the project shall have sidewalks on both sides. All sidewalks adjacent to project site shall be a minimum of five feet wide. All sidewalks shall have vertical curbs. Pedestrian facilities and improvements shall include grade separation, wider sidewalks, and traffic calming features wherever feasible to minimize pedestrian barriers. All site entrances shall provide pedestrian access; b. one bike rack space per 20 vehicle/ employee parking spaces; c. "end-of-trip" facilities (four clothes lockers and one shower for every 80 employee parking spaces, and separate facilities for each gender for projects with 160 or more employee parking spaces); d. site design and building placement shall not include barriers (such as walls, berms, landscaping, and slopes) to pedestrian access and interconnectivity; e. provide no more than the minimum amount of parking required by City ordinance; f. on-site parking facilities shall not be adjacent to street frontage; g. preferential parking space locations for electric vehicles (EV) and compressed natural gas (CNG) vehicles; h. solar water heaters; 1. drought resistant native trees and trees with low emissions and high carbon sequestration potential. Evergreen trees on the north and west sides afford the best protection from the setting summer sun and cold winter winds. Additional considerations include the use of deciduous trees on the south side of buildings that will admit summer sun; evergreen plantings on the north side will slow cold winter winds; constructing a natural planted channel to funnel summer cooling breezes into the house. Bunch grass and low-water landscaping are encouraged; EMC PLANNING GROUP INC. MMP-7 MITIGATION MONITORING PROGRAM J. Energy Star-labeled roof materials; k. energy-reducing programmable thermostats that automatically adjust temperature settings; 1. energy efficient appliances (e.g., Energy Star); m. energy-reducing shading mechanisms for windows, porch, patio and walkway overhangs; and n. energy-reducing day lighting systems (e.g., skylights, light shelves and interior transom windows). o. conformance with all requirements of the City's Climate Action Plan when it is adopted Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: MMP-8 EMC PLANNING GROUP INC. MONTEREY ROAD COMMERCIAL CENTER ZONE CHANGE AND SUBDIVISION Step 3 Prior to the approval of demolition, grading and building permits, the following mitigation measures shall be implemented: Mitigation Measure A-1 To preserve the appearance of the South Monterey Road gateway area, the applicants shall prepare a landscaping plan for the Monterey Road frontage consistent with the provisions of General Plan Implementation Action I.R, prior to issuance of any building permit for development on Lot I and Lot 2 any parcel or lot fronting Monterey Road, for review and approval by the Planning Division. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: Mitigation Measure A-2 Future developers of Lot 1 and/or Lot 2 shall include landscaping plans and buildings designed consistent with the provisions of General Plan Implementation Action I.R and shall be submitted to the Planning Division for design review prior to issuance of any building permit. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: EMC PLANNING GROUP INC. MMP-9 MITIGATION MONITORING PROGRAM Mitigation Measure AQ-3 For any building constructed prior to 1980, the developer shall consult with the BAAQMD Enforcement Division prior to commencing demolition to determine permit requirements. Removal of asbestos-containing building materials is subject to the limitations of District Regulation 11, Rule 2: Hazardous Materials; Asbestos Demolition, Renovation and Manufacturing. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: MMP-IO EMC PLANNING GROUP INC. MONTEREY ROAD COMMERCIAL CENTER ZONE CHANGE AND SUBDIVISION Mitigation Measure 810-1 The project applicant shall coordinate pre-construction surveys for nesting birds to be conducted by a qualified biologist within 30 days prior to tree removal, building demolition, grading and/or construction, if any of these activities occur during the nesting season (nesting typically occurs between 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 the removal of 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 Division 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-ll MITIGATION MONITORING PROGRAM Mitigation Measure HWQ-1 The applicant and future developers of individual lots shall comply with all City of Gilroy and Regional Water Quality Control Board requirements for the proper treatment and retention/detention of storm water. Compliance with these requirements shall be confirmed prior to issuance of a grading permit. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Engineering Division Monitoring Notes: MMP-12 EMC PLANNING GROUP INC. MONTEREY ROAD COMMERCIAL CENTER ZONE CHANGE AND SUBDIVISION Step 4 During grading and construction, the following mitigation measures shall be implemented: Mitigation Measure AQ-1 The following measures shall be implemented at the site during construction activities: 1. Water all active construction areas at least twice daily; 2. Cover all trucks hauling soil, sand, and other loose materials or require trucks to maintain at least two feet of freeboard; 3. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers no all unpaved access roads, parking areas, and staging areas at construction sites; 4. Sweep daily (with water sweeper) all paved access roads, parking areas, and staging areas at construction sites; and 5. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. 6. If the Cherry Orchard Ranch project is approved and residences are occupied prior to the onset of construction at the Monterey Road Commercial Center project site, suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 mph or visible clouds affect sensitive receptors. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Engineering Division Monitoring Notes: EMC PLANNING GROUP INC. MMP-13 MITIGATION MONITORING PROGRAM Mitigation Measure AQ-2 The following measures shall be implemented during construction: 1. The idling time of all construction equipment shall not exceed five minutes; 2. Limits the hours of operation of heavy duty equipment and/or the amount of equipment in use; 3. All equipment shall be properly tuned and maintained ill accordance with the manufacturer's specifications; 4. When feasible, alternative fueled or electrical construction equipment shall be used at the project site; 5. Use the minimum practical engine size for construction equipment; and 6. 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: MMP-14 EMC PLANNING GROUP INC. MONTEREY ROAD COMMERCIAL CENTER ZONE CHANGE AND 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 on any permits issued for the project site, subject to the review and approval of the Gilroy Planning Division (pursuant to Gilroy General Plan Policy 5.07): If archaeological resources are discovered during construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: EMC PLANNING GROUP INC. MMP-15 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 the language is included in all permits in accordance with CEQA Guidelines section 15064.5(e), subject to the review and approval of the City of Gilroy Planning Division: If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Monitoring Notes: MMP-16 EMC PLANNING GROUP INC. MONTEREY ROAD COMMERCIAL CENTER ZONE CHANGE AND SUBDIVISION Step 5 Prior to the issuance of occupancy permits, the following mitigation measures shall be implemented: Mitigation Measure T-1 The applicant shall construct either an additional westbound left-turn lane or an additional northbound left-turn lane at the intersection of Monterey Road and Luchessa Avenue. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Engineering Division Monitoring Notes: Mitigation Measure T-2 The applicant shall widen Monterey Road at the project driveway to accommodate a southbound left-turn lane into the project site to provide for safe and efficient left-turn access into the site. The southbound left-turn pocket should be a minimum of 325 feet long to accommodate the expected maximum vehicle queues. Separate outbound left- and right-turn lanes should be provided on the project driveway approach at Monterey Road. 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 T-3 For the intersection of Monterey Road and Project Driveway, the project's cumulative impact would be mitigated by installing a traffic signal at this intersection, providing a separate southbound left-turn lane, and providing separate westbound right- and left-turn lanes. The southbound left-turn pocket should be a minimum of 325 feet long to accommodate expected maximum vehicle queues. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Engineering Division Monitoring Notes: Mitigation Measure T -4 A minimum of two emergency vehicle access points should be provided for the site. The site access design should be modified accordingly, subject to the review and approval of the City of Gilroy Engineering Division and Fire Marshall, to ensure that the site satisfies City of Gilroy requirements for emergency vehicle access. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Engineering Division Monitoring Notes: MMP-18 EMC PLANNING GROUP INC. I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2011-38 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 special meeting of said Council held on the 18th day of July, 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 20th 1 il/' (Seal)