Resolution 2015-631
RESOLUTION NO. 2015-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
CERTIFYING THE NORTH GILROY NEIGHBORHOOD DISTRICTS
USA AMENDMENT ENVIRONMENTAL IMPACT REPORT, STATE
CLEARINGHOUSE NUMBER 2014122071, MAKING REQUIRED
FINDINGS CONCERNING SIGNIFICANT EFFECTS, MITIGATION
MEASURES AND ALTERNATIVES, ADOPTING A STATEMENT OF
OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION
MONITORING PROGRAM FOR INCLUSION OF ASSESSOR PARCEL
NUMBERS 783 -18 -002, 783 -19 -002, 790 -05 -031, 790 -06 -027, 790 -10 -007, 783
18 -003, 783 -19 -003, 790 -05 -033, 790 -06 -034, 790 -10 -008, 783 -18 -004, 783 -19-
004, 790 -05 -034, 790 -06 -036, 790 -10 -010, 783 -18 -005, 783 -19 -005, 790 -05 -035,
790 -06 -037, 790 -10 -011, 783 -18 -007, 783 -19 -006, 790 -05 -037, 790-06 -038, 790-
11 -001, 783 -18 -008, 783 -19 -007, 790 -05 -038, 790 -06 -039, 790 -11 -002, 783 -18-
009, 783 -19 -008, 790 -06 -004, 790 -06 -040, 790 -11 -003, 783 -18 -010, 783 -19 -009,
790 -06 -008, 790 -06 -041, 790 -11 -004, 783 -18 -013, 783 -19 -010, 790 -06 -010, 790-
06 -042, 790 -11 -005, 783 -18 -015, 790 -04 -026, 790 -06 -011, 790 -06 -043, 790 -17
001, 783 -18 -016, 790 -04 -027, 790 -06 -017, 790 -09 -006, 790 -17 -004, 783 -18 -017,
790 -05 -016, 790 -06 -018, 790 -09 -008, 790 -17 -005, 783 -18 -020, 790 -05 -020, 790-
06 -020, 790 -09 -009, 790 -17 -006, 783 -18 -022, 790 -05 -021, 790 -06 -021, 790 -09-
010, 790 -17 -007, 783 -18 -025, 790 -05 -022, 790 -06 -022, 790 -09 -011, 790 -17 -008,
783 -18 -026, 790 -05 -023, 790 -06 -023, 790 -10 -003, 790 -17 -009, 783 -18 -027, 790-
05 -024, 790 -06 -024, 790 -10 -004, 790 -17 -010, 783 -19 -001, 790 -05 -025, 790 -06-
025, AND 790 -10 -005, GENERALLY LOCATED SOUTH OF
FITZGERALD AVENUE, WEST OF MONTEREY ROAD, AND EAST OF
SANTA TERESA BOULEVARD, INTO THE CITY OF GILROY URBAN
SERVICE AREA, FILED BY MARTIN LIMITED PARTNERSHIP:
JEFFREY MARTIN, 10756 GREEN VALLEY DRIVE, GILROY, CA
95020.
WHEREAS, the Gilroy 2020 General Plan Environmental Impact Report was certified
and the 2020 General Plan was adopted by the Gilroy City Council on June 13, 2002, and the
2020 General Plan designates the subject property with Neighborhood District, General Services
Commercial, High Density Residential, Hillside Residential, and Open Space land use
designations; and
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WHEREAS, Martin Limited Partnership: Jeffery Martin submitted Urban Service Area
Amendment application USA 14 -01 requesting that the City of Gilroy incorporate approximately
721 acres of land into its Urban Service Area; and
WHEREAS, the subject property is generally located west of Monterey Road, south of
Fitzgerald Avenue, east of Santa Teresa Boulevard, and north of the existing Urban Service Area
boundary; and
WHEREAS, a Notice of Preparation was distributed to affected agencies from December
29, 2014 to January 27, 2015 and from February 17, 2015 to March 18, 2015, and a scoping
meeting was held at Gilroy City Hall on January 8, 2015; and
WHEREAS, comments on the Notice of Preparation were received from County of Santa
Clara Parks and Recreation Department, County of Santa Clara Roads and Airports Department,
Save Open Space — Gilroy, Santa Clara Valley Transportation Authority, County of Santa Clara
Department of Planning and Development, Local Agency Formation Commission of Santa Clara
County, California Department of Transportation, Santa Clara Valley Transportation Authority,
and Santa Clara Valley Water District; and
WHEREAS, the North Gilroy Neighborhood Districts Urban Service Area Amendment
Environmental Impact Report (EIR) was prepared in accordance with Public Resources Code
Section 21000 et seq. (California Environmental Quality Act (CEQA)) and the implementing
guidelines; and
WHEREAS, the EIR was circulated for public review from August 26, 2015 to October
9, 2015, and comments were received from County of Santa Clara Parks and Recreation
Department, County of Santa Clara Roads and Airports Department, Gilroy Unified School
District, Local Agency Formation Commission of Santa Clara County, Gloria Linder and Inman
Gallogly, Save Open Space — Gilroy, Santa Clara Valley Transportation Authority, California
Department of Transportation, Sierra Club, Committee for Green Foothills, and Santa Clara
Valley Water District; and
WHEREAS, the City prepared a Final EIR on November 19, 2015 responding to all
comments received that raised an environmental issue, and the Final EIR was distributed to all
commenters at least ten days prior to the date of the City Council hearing at which a
determination was made on the project; and
WHEREAS, the Planning Commission has considered the EIR at a special meeting on
November 19, 2015 and a motion to recommend certification of the EIR failed; and
WHEREAS, the City Council held a duly noticed public hearing on the Project, including
the Final EIR, on December 7, 2015, at which time the City Council received the full record of
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the entire proceedings, took public testimony, and heard additional City staff responses, and
thereafter certified the Final EIR as completed in accordance with CEQA; and
WHEREAS, the City Council of the City of Gilroy is the decision - making body for the
Project; and
WHEREAS, the City Council of Gilroy intends to approve actions related to the Project
as identified in the Final EIR, entitled, "Final Environmental Impact Report: North Gilroy
Neighborhood Districts Urban Service Area Amendment (USA 14 -01)" dated November 12,
2015, and "Draft Environmental Impact Report: North Gilroy Neighborhood Districts Urban
Service Area Amendment (USA 14 -01)" dated August 26, 2015, SCH # 2014122071; and
WHEREAS, CEQA requires that in connection with the approval of a project for which
an EIR has been prepared that identifies one or more significant environmental effects, the
decision- making body of the lead agency make certain findings regarding those significant
effects on the environment identified in the Final EIR.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY FINDS AS
FOLLOWS:
I. FINDINGS CONCERNING SIGNIFICANT ENVIRONMENTAL EFFECTS
A. AESTHETICS
Damage to Scenic Resources and Change in Visual Character along Santa Teresa
Boulevard.
1. Impact. The Project is an amendment to Gilroy's Urban Services Area that
would allow for subsequent development of urban uses visible from Santa Teresa
Boulevard. The greatest potential for significant changes in visual character exists
north of Day Road, where the existing setting, both within the site and adjoining
areas, is predominately rural. Development of the project site would occur to the east
side of Santa Teresa Boulevard, and although it would not affect westward views to
the hills, it would significantly change the character of the site, and affect the visual
setting of the rural areas remaining to the west.
2. Findings of Fact. Development within the site, specifically along Santa
Teresa Boulevard, is anticipated in the 2020 General Plan. To help protect aesthetic
values along Santa Teresa Boulevard, the 2020 General Plan includes policies (Policy
1.11 Community Beautification, Policy 1.12 Street Trees, Policy 1.13
Undergrounding of Utilities, Policy 1.15 Signs on Santa Teresa Boulevard, Policy
6.01 Scenic Routes) that protect views and ensure that new development includes
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positive aesthetic qualities. In furtherance of, and consistent with, the requirements of
these policies, the EIR includes a mitigation measure that requires the inclusion of
site - specific design requirements for development along Santa Teresa Boulevard, to
create a visually appropriate transition between rural land to the west of Santa Teresa
Boulevard and the urban development within the project site to the east of Santa
Teresa Boulevard. Because the project site is located east of Santa Teresa Boulevard,
views to the hills west of Santa Teresa Boulevard will be preserved, as well as the
rural foreground features that exist to the west of Santa Teresa Boulevard.
Development will also be subject to Architecture and Site Review approval prior to
construction, a process the City has established to ensure suitable design.
The City Council hereby finds that the following mitigation measure is feasible and
will effectively mitigate the identified significant adverse effects related to
subsequent development within the USA boundaries. City Council approval of a
specific plan is required prior to any development entitlements, and the provisions of
the mitigation measure are required to be incorporated into the specific plan.
3. Mitigation Measure
AES -1. The specific plan shall include a Landscaped Buffer and Corridor Protection
Plan along Santa Teresa Boulevard to include, but not be limited to, the following
components:
Adjacent to development within the project site, a landscaped buffer along
Santa Teresa Boulevard shall be provided with a minimum depth of 50 feet
beyond the Santa Teresa Boulevard right -of -way, with the intent being to
screen residential development and sound walls (if required) from Santa
Teresa Boulevard and filter views of commercial uses by providing
greenspace between Santa Teresa Boulevard and commercial uses. Minor
utility structures, provided they are screened from view, and paths may be
located within the buffer;
Retention of the existing cypress trees along Santa Teresa Boulevard, and new
plantings of native materials to enhance and blend into the natural landscape
and provide screening of structures;
Design options for entry features that are identified by well - designed,
landscaped entrances with landscaped medians, indicating civic pride and a
concern for civic beauty (2020 General Plan Policy 1.10 Gateways);
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Limitations or restrictions on sound walls, which are only to be used when
there is no other feasible noise attenuation technique, and design options for
berm/sound wall combinations (if required for noise attenuation); and
Design standards for commercial development and signs, to include limitation
to one story, architectural character consistent with the surrounding
development, and screening of parked cars from Santa Teresa Boulevard.
Potential Conflict with San Martin Community Rural Character.
1. Impact. The Project would allow for development of land adjacent to the
San Martin area of unincorporated Santa Clara County, placing potentially dense
development adjacent to the rural community. The conceptual development plans
within the Project site do not reserve a buffer area for a greenbelt along the site's
northern boundary along Fitzgerald Avenue and the southern boundary of the San
Martin Planning Area. The Santa Clara County General Plan policies and land use
designations assure that low density development would be maintained within the San
Martin Planning Area, and a portion of the site would be retained as open space.
However, about one - quarter of the county land is developed with a use that is
inconsistent with the greenbelt, and about three- quarters of the proposed land use
within the site precludes a greenbelt within the site. This could result in significant
visual impacts.
2. Findings of Fact. Development within the site, specifically along
Fitzgerald Avenue, is anticipated in the 2020 General Plan. To help protect aesthetic
values along Santa Teresa Boulevard, the 2020 General Plan includes general policies
(Policy 1.11 Community Beautification, Policy 1.12 Street Trees, Policy 1.13
Undergrounding of Utilities) as well as a specific policy (Policy 20.05) that protect
views and ensure that new development includes positive aesthetic qualities, and that
a greenbelt area serve as a buffer between the project site and the San Martin
Planning Area to the north. Policy 20.05 indicates that very low density residential
development, parks, recreational areas, and agriculture are appropriate within
greenbelts. Policy 20.05 notes that if a greenbelt cannot be accommodated within the
area north of Fitzgerald Avenue that it should be provided within the City's territory
south of Fitzgerald Avenue. In furtherance of, and consistent with, the requirements
of these policies, the EIR includes a mitigation measure that requires the inclusion of
site- specific design requirements for development along Fitzgerald Avenue, to create
a visually appropriate transition between rural land to the north of Fitzgerald Avenue
(the unincorporated San Martin Community) and the urban development within the
project site to the south of Fitzgerald Avenue. The mitigation measure includes a
setback requirement to compensate for existing development north of Fitzgerald
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Avenue that does not appear to be consistent with the greenbelt concept.
Development will also be subject to Architecture and Site Review approval prior to
construction, a process the City has established to ensure suitable design.
The City Council hereby finds that the following mitigation measures are feasible and
will effectively mitigate the identified significant adverse effects related to
subsequent development within the USA boundaries. City Council approval of a
specific plan is required prior to any development entitlements, and the provisions of
the mitigation measures are required to be incorporated into the specific plan.
3. Mitigation Measures.
AES -2. The specific plan that includes property adjacent to Fitzgerald Avenue, shall
include a Landscaped Buffer and Corridor Protection Plan along Fitzgerald Avenue to
include, but not be limited to, the following components:
Adjacent to development within the project site, a landscaped buffer along
Fitzgerald Avenue shall be provided with a minimum depth of 50 feet beyond
the Fitzgerald Avenue right -of -way, with the intent being to screen residential
development and sound walls (if required) from Fitzgerald Avenue and filter
views of commercial uses by providing greenspace between Fitzgerald
Avenue and commercial uses. Paths may be located within the buffer, as may
minor utility structures provided they are screened from view;
• Retention of the existing oak trees along Fitzgerald Avenue, and new
plantings of native materials to enhance and blend into the natural landscape
and provide screening of structures;
• Design options for entry features that are identified by well - designed,
landscaped entrances with landscaped medians, indicating civic pride and a
concern for civic beauty (2020 General Plan Policy 1.10 Gateways);
• Limitations or restrictions on sound walls, which are only to be used when
there is no other feasible noise attenuation technique, and design options for
berm/sound wall combinations (if required for noise attenuation); and
• Design standards for commercial development and signs, to include limitation
to one story, rural architectural character, and screening of parked cars from
Fitzgerald Avenue.
AES -3. The specific plan for land adjacent to the corner of Monterey Road and
Fitzgerald Avenue, shall include special design requirements for the Fitzgerald
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Avenue /Monterey Road grade separation. The specific plan shall specify that the
Fitzgerald Avenue crossing of Monterey Road preferably be below the grade of
Monterey Road (Monterey Road may be partially elevated if necessary). The final
design of the crossing shall be consistent with and serve to preserve the rural
character of the San Martin community. Improvements made north of the established
plan line for Fitzgerald Avenue shall include landscaping to preserve the rural
character of the San Martin community. The design requirements shall be included in
the improvement plans for the grade- separated intersection of Monterey Road and
Fitzgerald Avenue. Designs shall be approved by the City of Gilroy Community
Development Director and the Santa Clara County Community Development Director
in consultation with the San Martin Planning Advisory Committee. The developer
shall be responsible for construction of the improvements.
Adverse Visual Effects at City Gateways.
1. Impact. Several gateways are adjacent to or potentially affected by the
Project. Significant visual effects could result at the corner of Monterey Road and
Fitzgerald Avenue where commercial development and a grade- separated crossing
could be developed. Outside of standard city design review processes, there are no
visual standards for the Project at this stage, so no assurance exists that aesthetically
appropriate commercial development would occur.
2. Findings of Fact. 2020 General Plan policies (Policy 1.10 Gateways,
Policy 20.05 Gateway Landscaping) identify important entry points to the city and
provide guidance on the design of buildings and landscaping at these entry points. In
furtherance of, and consistent with, the requirements of these policies, the EIR
includes a mitigation measure that specifies more detailed design requirements for the
gateway areas on or affected by the project, and coordination with streetscape
landscaping to ensure a cohesive aesthetic throughout the project site. Development
will also be subject to Architecture and Site Review approval prior to construction, a
process the City has established to ensure suitable design.
The City Council hereby finds that the following mitigation measure is feasible and
will effectively mitigate the identified significant adverse effects related to
subsequent development within the USA boundaries. City Council approval of a
specific plan is required prior to any development entitlements, and the provisions of
the mitigation measure are required to be incorporated into the specific plan.
3. Mitigation Measure
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AES -4. The specific plan for land adjacent to the corner of Monterey Road and
Fitzgerald Avenue shall include landscaping standards that ensure that streetscape and
on -site landscaping provides an attractive entrance to the city for travelers
approaching southbound on Monterey Road or westbound on Masten Avenue. A
landscaped median no less than five feet in width shall be required on Monterey Road
and on Fitzgerald Avenue, for at least 200 feet from their existing point of
intersection. A corner landscape area measuring at least 100 feet along each street
from the point of intersection and at least 30 feet deep shall be provided for a city
entry monument/sign. Landscaping shall be coordinated with that required in
Mitigation Measure AES -2 and AES -3.
Light or Glare from Potential Community Park Lighting.
1. Impact. No detailed planning has occurred in regard to a potential
community park, but it is expected that a park would include sports fields, which
could be lit at night. The nearest residential areas included in the conceptual
development plans would be located about 300 feet to the south of the potential
community park, and at least 500 feet from any park lighting that could be facing to
the south. It appears that sports field lighting, if included in park plans, would have a
less- than - significant effect on nearby residences; however, there are no plans upon
which to base a certain determination. Therefore, this remains a potentially significant
impact.
2. Findings of Fact. 2020 General Policy 19.15 Glare and "Light Pollution"
requires light sources not unnecessarily intrude into adjoining areas. The City desires
to develop a community park within the project site, and a community park could
include large scale lighting, such as field lights for nighttime games. In furtherance
of, and consistent with, the requirements of this policy, the EIR includes a mitigation
measure that requires that any community park observe setbacks to light- sensitive
uses such as residences, and minimize spill of light onto adjacent areas. Development
will also be subject to Architecture and Site Review approval prior to construction, a
process the City has established to ensure suitable design.
The City Council hereby finds that the following mitigation measure is feasible and
will effectively mitigate the identified significant adverse effects related to
subsequent development within the USA boundaries. City Council approval of a
specific plan is required prior to any development entitlements, and the provisions of
the mitigation measure are required to be incorporated into the specific plan.
3. Mitigation Measure.
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AES -5. The specific plan for the area including the community park shall include, if
field lighting is proposed, a lighting plan for all sports fields that will be illuminated.
The lighting plan shall ensure that all field lighting within 500 feet of a residential
property line is faced away from that residential property line, or that other measures
are in effect to eliminate light intrusion at those houses.
B. AGRICULTURAL RESOURCES
Loss of Prime Farmland and Farmland of Statewide Importance.
1. Impact. The results of the State Department of Conservation LESA model
indicate that the proposed project would result in significant impacts on prime or
other important farmland. The total loss of important farmland within the site is about
450 acres. The loss of this important farmland would be a significant and unavoidable
impact. Implementation of the City's Agricultural Mitigation Policy would provide
mitigation relief, but would not reduce the impact to a less - than- significant level. The
City is required to adopt a statement of overriding considerations to approve the
Proj ect.
2. Findings of Fact. Land within the City's Planning Area, including land
within its 20 -year Growth Boundary, is currently used for production of agricultural
commodities. The 2020 General Plan anticipated that future development would
result in the loss of agricultural land. The City has established its Agricultural
Mitigation Policy to off -set the environmental effects of development on agricultural
land and the resultant loss of that land for agricultural production. 2020 General Plan
Policy 1.01 Pattern of Development and Policy 3.11 Agricultural Development
support the preservation of the agricultural viability within the Planning Area. As part
of its Agricultural Mitigation Policy the City established a preferred mitigation area to
the east of U.S. Highway 101, in a large area of contiguous prime farmland. Projects
that result in the development of prime farmland are required to compensate for the
loss of prime farmland through appropriate mitigation at a 1:1 replacement ratio.
Although this requirement protects an equal amount of prime farmland in perpetuity,
it does not fully mitigate for the loss of agricultural land on the project site.
Therefore, the mitigation is partial, and a significant and unavoidable impact remains.
The City Council hereby finds that the following mitigation measure is feasible and
will mitigate, although not fully, the identified significant adverse effects on
agricultural resources related to subsequent development within the USA boundaries.
The mitigation measure is enforceable through the City's Agricultural Mitigation
Policy, which establishes options for mitigation of loss of prime agricultural land. The
mitigation measure is derived from and consistent with the Agricultural Mitigation
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Policy. City Council approval of a specific plan is required prior to any development
entitlements, and the provisions of the mitigation measure are required to be
incorporated into the specific plan.
3. Mitigation Measure (Partial Mitigation).
AG -1. The specific plan shall include a requirement that the applicant enter into an
agreement as required by the City's Agricultural Mitigation Policy, which will
identify the agreed -upon option to comply with the Agricultural Mitigation Policy.
Due to the unique size and opportunity to mitigate the agricultural impacts in a cost -
effective manner, the applicant must complete implementation of the City's
Agricultural Mitigation Policy with not less than 150 contiguous acres at any one
time, and not to exceed three times. A project affecting this amount of important
agricultural land has a unique opportunity to conserve a larger agricultural property
within the Preferred Conservation Area. As it is typically more beneficial and more
cost - effective, the requirement for not less than 150 contiguous acres is included to
encourage the assembly larger parcels for conservation.
4. Statement of Overriding Considerations. See Section III below for
Statement of Overriding Considerations.
C. AIR QUALITY
Consistency with the Clean Air Plan.
1. Impact. The Project does not include any specific development plans to
determine whether the Project will be consistent with the Clean Air Plan. The project
should meet the following three criteria: 1) support the primary goals of the Clean Air
Plan; 2) include applicable Clean Air Plan control measures; and 3) not disrupt or
hinder implementation of any 2010 Clean Air Plan control measures.
2. Findings of Fact. Pursuant to the Clean Air Act, the Bay Area Air Quality
Management District was established to oversee regulation of air pollutant emissions
within the San Francisco Bay Area, for the purpose of improving air quality within
the region. The Clean Air Plan includes control measures, some of which are
applicable to industrial emissions, local government policy, land use, and other
realms. The EIR considers how the project conforms to those control measures
applicable to land use decisions. The mitigation measure will ensure project designs
that are consistent with the requirements of the Clean Air Plan control measures.
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The City Council hereby finds that the following mitigation measure is feasible and
will effectively mitigate the identified significant adverse effects related to
subsequent development within the USA boundaries. City Council approval of a
specific plan is required prior to any development entitlements, and the provisions of
the mitigation measure are required to be incorporated into the specific plan.
3. Mitigation Measure.
AQ -1. The specific plan shall include policies, programs, or other project designs or
components that will accomplish consistency with the Bay Area Air Quality
Management District's Clean Air Plan control measures. The following shall be
facilitated and promoted in specific plans as appropriate to the particular site:
Zero emission vehicles and plug -in hybrids (or similar emissions - reducing
transportation) through parking incentives, provision of electric charging
stations, or other appropriate means;
Ridesharing and transit use by providing resident or employee shuttles or van
services, circulation system designs that allow efficient transit routing, and /or
dedicated parking or loading zones;
Bicycle and pedestrian circulation by providing bicycle and pedestrian paths
along drainage channels and connecting directly to schools, shopping areas,
and transit hubs; grade- separated crossings at collector streets; channel
crossings that provide reduced trip lengths; and bicycle parking;
■ Reduced energy demand through the use of solar electrical, solar hot water,
passive solar design, cool roofs, cool paving, and street trees; and
C Reduced construction emissions through the use of low emissions
construction equipment to the extent possible.
Construction Emissions that Potentially Contribute to the Air Basin's Non - attainment
Status
1. Impact. The Project would expose sensitive receptors to criteria air
pollutant emissions from off -road construction equipment and from trucks hauling
debris and delivering materials. The Air District applies the same daily emissions
thresholds for construction and operational emissions. Development of the proposed
project would generate exhaust from construction equipment and other emission
sources such as paints, including ozone precursor ROG at levels above the threshold
of significance.
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Significant dust emissions may also be generated at the site during grading of at least
four acres at any one time. Soil disturbance during development of the proposed
project would generate construction dust emissions (PMIo) for which the air basin is
in non - attainment. Actual emissions would vary each year depending on anticipated
regulatory changes, construction equipment fleet makeup, and type of construction
activity anticipated each year. Project - related construction dust emissions would
contribute to the region's non - attainment status for PM10 and could significantly
affect local air quality. The CalEEMod modeling included the following dust control
measures: soil stabilizer, replacement of ground cover, watering of exposed areas,
reduction of vehicle speed on unpaved roads, and cleaning of paved roads. The
CalEEMod modeling indicated that averaged fugitive dust emissions during the
grading and construction phases would be 25.9 (PM10) and 7.5 (PM2.5) pounds per
day, which is below the threshold. However, the proposed project would result in
grading of at least four acres at any one time, and thus potentially result in significant
dust emissions.
2. Findings of Fact. The federal Environmental Protection Agency and
California Environmental Protection Agency have each established air quality
standards for various air pollutants, several of which are identified as "criteria
pollutants." The Bay Area Air Basin is classified as in non - attainment of state and
federal ozone and particulate matter (PM10 and/or PM2.5) standards.
Construction activities would emit ozone precursors (ROG, also referred to as VOC)
at average daily levels that would exceed standards. According to CalEEMod air
emissions modeling, the excess ROG emissions would occur primarily during the
architectural costing stage. Mitigation Measure AQ -2 requires the use of zero -VOC
paint, which is a more stringent requirement than currently imposed by the Bay Area
Air Quality Management District, and would reduce VOC emissions below the
threshold of significance during construction.
The Air District's approach to CEQA analyses for construction air quality impacts is
to emphasize implementation of effective and comprehensive control measures rather
than detailed quantification of emissions. For construction- generated inhalable
particulate emissions, the Air District considers implementation of its "Basic
Measures" as adequate mitigation of potential short-term air impacts at all sites up to
four acres, and additional implementation of its "Enhanced Measures" for sites
greater than four acres. "Optional Measures" may be implemented if further emission
reductions are deemed necessary by the lead agency. Mitigation Measure AQ -3
implements the required dust control measures.
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The City Council hereby finds that the following mitigation measure is feasible and
will effectively mitigate the identified significant adverse effects related to
subsequent development within the USA boundaries. The mitigation measure is
enforceable through Bay Area Air Quality Management District permitting. City
Council approval of a specific plan is required prior to any development entitlements,
and the provisions of the mitigation measures are required to be incorporated into the
specific plan.
3. Mitigation Measures.
AQ -2. The specific plan shall include requirements for the use of primer with VOC
content of 100 grams per liter or less and paint with VOC content of 50 grams per
liter or less in all applications. At least half of paint used shall have zero -VOC
content. This requirement shall be included on all structural construction and
architectural drawings.
AQ -3. The specific plan shall include dust control requirements for implementation
prior to improvement plan approval or building permit issuance. The following dust
control measures shall be incorporated into all development permits for the proposed
project, subject to the review and approval of the City of Gilroy Engineering
Division:
All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded
areas, and unpaved access roads) shall be watered two times per day. During
Phase 1 grading, all exposed surfaces shall be watered at a frequency adequate
to maintain minimum soil moisture of 12 percent. Moisture content can be
verified by lab samples or moisture probe;
■ All haul trucks transporting soil, sand, or other loose material off -site shall be
covered;
■ All visible mud or dirt track -out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of dry
power sweeping is prohibited;
■ All vehicle speeds on unpaved roads shall be limited to 15 mph;
■ All roadways, driveways, and sidewalks to be paved shall be completed as
soon as possible. Building pads shall be laid as soon as possible after grading
unless seeding or soil binders are used;
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Idling times shall be minimized either by shutting equipment off when not in
use or reducing the maximum idling time to 5 minutes (as required by the
California airborne toxics control measure Title 13, Section 2485 of California
Code of Regulations [CCR]). Clear signage shall be provided for construction
workers at all access points;
■ All construction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications. All equipment shall be
checked by a certified mechanic and determined to be running in proper
condition prior to operation;
■ Post a publicly visible sign with the telephone number and person to contact at
the Lead Agency regarding dust complaints. This person shall respond and
take corrective action within 48 hours. The Air District's phone number shall
also be visible to ensure compliance with applicable regulations;
■ All excavation, grading, and /or demolition activities shall be suspended when
average wind speeds exceed 20 mph;
■ Vegetative ground cover (e.g., fast - germinating native grass seed) shall be
planted in disturbed areas as soon as possible and watered appropriately until
vegetation is established;
■ All trucks and equipment, including their tires, shall be washed off prior to
leaving the site; and
■ Site accesses to a distance of 100 feet from the paved road shall be treated
with a six to 12 inch compacted layer of wood chips, mulch, or gravel.
Operational Emissions of Criteria Air Pollutants.
1. Impact. The Air District's analysis methodology was used as the basis in
determining significance of criteria air pollutants. Additionally, information from
CaIEEMod emissions analysis was utilized, and indicated that unmitigated build out
of the Project consistent with the conceptual development plans would exceed the Air
District thresholds for ROG, NOx, and PM10.
2. Findings of Fact. The federal Environmental Protection Agency and
California Environmental Protection Agency have each established air quality
standards for various air pollutants, several of which are identified as "criteria
pollutants." The Bay Area Air Basin is classified as in non - attainment of state and
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federal ozone and particulate matter (PM10 and/or PM2.5) standards. Smoke from
wood stoves is a significant stationary source of air pollutants in reside
The City Council hereby finds that the following mitigation measure is feasible and
will effectively mitigate the identified significant adverse effects related to
subsequent development within the USA boundaries. The mitigation measure is
enforceable through Bay Area Air Quality Management District permitting. City
Council approval of a specific plan is required prior to any development entitlements,
and the provisions of the mitigation measure are required to be incorporated into the
specific plan.
3. Mitigation Measure.
AQ -4. The specific plan shall include prohibition of residential wood - burning
appliances. The prohibition of wood burning appliances shall be verified in plan
check review of structural construction drawings. Additional CalEEMod modeling
shall be conducted for each development project to confirm that area - source air
emissions are within the Bay Area Air Quality Management District thresholds for
projects, and may be used to develop additional or alternate mitigation.
Exposure to Toxic Air Emissions
1. Impact. Any sensitive receptor within about 500 feet of the rock
processing plant near Monterey Road between Buena Vista Avenue and Denio
Avenue could be exposed to significant health risk levels of particulate matter
(PM2.5)-
2. Findings of Fact. The State of California and the Bay Area Management
District have identified health risks associated with fine particulate matter emissions.
The Star Concrete gravel and rock processing plant is listed by the Bay Area Air
Quality Management District source emissions database as having a PM2.5 emission
rate of 2.630 micrograms per cubic meter, which potentially exceeds the health
threshold of 0.3 micrograms per cubic meter, even when reduction factors are applied
to account for a separation of 220 feet from the nearest development location within
the site.
The City Council hereby finds that the following mitigation measure is feasible and
will effectively mitigate the identified significant adverse effects related to
subsequent development within the USA boundaries. The mitigation measure is
enforceable through Bay Area Air Quality Management District permitting. City
Council approval of a specific plan is required prior to any development entitlements,
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and the provisions of the mitigation measure are required to be incorporated into the
specific plan.
Mitigation Measure.
AQ -5. The specific plan shall include a provision for areas within 700 feet of the Star
Concrete property line to require air emissions modeling to establish risk levels
associated with PM 2.5 emissions from the concrete plant on Buena Vista Avenue. If
the modeling indicates a risk level above the Bay Area Air Quality Management
Districts' PM 2.5 threshold, the specific plan shall locate a non - sensitive receptor land
use within those areas affected.
D. BIOLOGICAL RESOURCES
Special - Status Species (Burrowing Owl, California Red - legged Frog, White- tailed
Kite, and Nesting Birds).
1. Impact. The Project would result in the loss of low to moderate quality
wildlife habitat, and may potentially impact special- status species (burrowing owl,
California red - legged frog, white - tailed kite, and nesting birds). Potential impacts to
special - status wildlife species and their habitats would be significant.
2. Findings of Fact. The federal Endangered Species Act, Migratory Bird
Treaty Act, and the state Endangered Species Act identify certain species ("special -
status species ") as protected due to rarity and /or historic destruction or degradation of
suitable habitat. Biological resources assessments conducted by Zander Associates
and peer reviewed by EMC Planning Group on behalf of the City indicate that habitat
on the project site, although isolated and of low to moderate quality, has enough
potential to host special- status animal species. Destruction of this habitat, without
first determining the presence or non - presence of special- status species could result in
the loss of individuals of these protected species.
The City Council hereby finds that the following mitigation measure is feasible and
will effectively mitigate the identified significant adverse effects related to
subsequent development within the USA boundaries. The mitigation measure is
enforceable through the permitting requirements of the Endangered Species Act and
Migratory Bird Treaty Act. City Council approval of a specific plan is required prior
to any development entitlements, and the provisions of the mitigation measure are
required to be incorporated into the specific plan.
3. Mitigation Measure.
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B10- 1. The specific plan shall include provisions to protect nesting birds from the
effects of construction during the nesting season. If noise generation, ground
disturbance, vegetation removal, or other construction activities begin during the
nesting bird season (February 1 to September 15), or if construction activities are
suspended for at least two weeks and recommence during the nesting bird season,
then the project developer shall retain a qualified biologist to conduct a pre -
construction survey for nesting birds. The survey shall be performed within suitable
nesting habitat areas on and adjacent to the project site to ensure that no active nests
would be disturbed during project implementation. This survey shall be conducted no
more than two weeks prior to the initiation of disturbance /construction activities. A
report documenting survey results and plan for active bird nest avoidance (if needed)
shall be completed by the qualified biologist and submitted to the City of Gilroy
Planning Division for review and approval prior to disturbance and/or construction
activities.
If no active bird nests are detected during the survey, then project activities can
proceed as scheduled. However, if an active bird nest of a native species is detected
during the survey, then a plan for active bird nest avoidance shall determine and
clearly delineate an appropriately sized, temporary protective buffer area around each
active nest, depending on the nesting bird species, existing site conditions, and type of
proposed disturbance and /or construction activities.
The protective buffer area around an active bird nest is typically 75 -250 feet,
determined at the discretion of the qualified biologist and in compliance with
applicable project permits.
To ensure that no inadvertent impacts to an active bird nest will occur, no disturbance
and /or construction activities shall occur within the protective buffer area(s) until the
juvenile birds have fledged (left the nest), and there is no evidence of a second
attempt at nesting, as determined by the qualified biologist.
The project developer shall be responsible for implementation of this mitigation
measure.
Disturbance of Waterways.
1. Impact. The West Branch Llagas Creek and Lions Creek drainage
channels along with many roadside drainage ditches (mainly for agricultural use) are
present on the site. It is possible that a significant impact may result from future
development if these waterways fall under the jurisdiction of the United States Army
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Corps of Engineers, California Department of Fish and Wildlife, and /or Regional
Water Quality Control Board.
2. Findings of Fact. The federal Clean Water Act has established the
jurisdiction of the United State Army Corps of Engineers over waterways ( "waters of
the U.S. ") in order to restore and maintain the chemical, physical, and biological
integrity of the waters. Several waterways within the project site qualify as waters of
the U.S.
The City Council hereby finds that the following mitigation measure is feasible and
will effectively mitigate the identified significant adverse effects related to
subsequent development within the USA boundaries. The mitigation measure is
enforceable through the permitting requirements of the Clean Water Act. City
Council approval of a specific plan is required prior to any development entitlements,
and the provisions of the mitigation measure are required to be incorporated into the
specific plan.
3. Mitigation Measure.
BI0-2. The specific plan within which any waterway (creek or roadside drainage
ditch) will be impacted by future development, shall require the applicant to retain a
qualified biologist/wetland regulatory specialist to initiate informal discussions with
the United States Army Corps of Engineers, Regional Water Quality Control Board,
and California Department of Fish and Wildlife to assess whether each on -site
drainage feature is jurisdictional. If the drainage feature is not determined to be
jurisdictional by any of the agencies, no further action is necessary.
If the waterway is found to be jurisdictional or potentially jurisdictional, the applicant
shall initiate the appropriate permitting process with each agency claiming
jurisdiction prior to obtaining grading permits. This may include retaining a qualified
biologist/wetland regulatory specialist to conduct a jurisdictional wetland /waterway
delineation to quantify proposed project impacts to jurisdictional waters and
submitting the delineation report to the United States Army Corps of Engineers for
verification. If jurisdictional features are present, approval of a Section 404 permit
from the United States Army Corps of Engineers and/or a Section 401 or General
Waste Discharge Requirements permit from the Regional Water Quality Control
Board may be required. If California Department of Fish and Wildlife also takes
jurisdiction, a Streambed Alteration Agreement will also be required.
The applicant shall be responsible for implementing all project conditions and any
compensatory mitigation required by applicable regulatory agency permits.
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Loss of Protected Oak and Walnut Trees.
1. Impact. Several large native coast live oaks and valley oaks are scattered in
the northern and central portions of the site along the edges of fields, and native
California black walnuts are also located along West Branch Llagas Creek north of
Day Road. Most of these native trees meet the City's Consolidated Landscaping
Policy "significant tree" definition, in which the trees measure six inches or more in
diameter, or are important to the historical or visual aspect of the city. If any of these
significant trees are damaged or removed by future development of the site, this
would be a significant impact.
2. Findings of Fact. 2020 General Plan policies establish the importance of
the preservation of significant trees within the city, and the City's tree ordinance
establishes regulations for the removal of protected trees. Field reconnaissance of the
site by biologists and arborists identified trees that are protected under the City's tree
protection ordinance.
The City Council hereby finds that the following mitigation measures are feasible and
will effectively mitigate the identified significant adverse effects related to
subsequent development within the USA boundaries. City Council approval of a
specific plan is required prior to any development entitlements, and the provisions of
the mitigation measures are required to be incorporated into the specific plan.
3. Mitigation Measures.
BIO -3. The specific plan shall include a tree assessment report for the site, per the
City's Consolidated Landscaping Policy or applicable tree preservation
ordinance /policy in effect at the time of future development, prepared by a certified
arborist and submitted to the City of Gilroy Planning Division for review and
approval. The tree assessment report shall include, but not be limited to, the following
items:
a. Identification of all significant trees on the project site, as defined in the City's
Consolidated Landscaping Policy including those proposed for removal, and
those proposed to be retained;
b. For all trees that are to be retained on the project site, tree protection measures
necessary to minimize development and construction activity that could affect
tree health, structure, and stability; and
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C. Recommendations for the size, species, location, and replacement ratios to
mitigate the loss of significant trees that cannot be retained.
All arborist recommendations, including the species and locations of all existing
and replacement trees, shall be listed on the final landscape plan, and the arborist
shall sign the final landscape plan certifying that it is consistent with the tree
assessment report and mitigation recommendations.
BIO -4. The specific plan shall include provisions to protect significant trees. The
applicant shall identify all significant trees, as defined in the City's Consolidated
Landscaping Policy or applicable tree preservation ordinance /policy in effect at the
time of future development, on the Tentative Map for residential development and on
the Architectural and Site Review plans for commercial development. Street
locations, lot arrangements, and site layouts shall be designed to incorporate
significant trees to the greatest extent feasible, preferably within park, streetscape, or
landscaped areas, with adequate protection provided to the root zone. This plan shall
adhere to Mitigation Measures AES -1 and AES -2.
BIO -5. The specific plan shall include provisions to protect significant trees from the
effects of construction. Prior to site disturbance, the applicant shall fully comply with
measures required by the tree assessment report and Section 6 of the City of Gilroy's
Consolidated Landscaping Policy. Pruning and/or removal of significant trees shall be
undertaken only under the direction of a certified arborist hired at the expense of the
applicant, and subject to the review and approval of the Planning Division. An
approved tree removal permit is required prior to removal of any significant tree(s);
the applicant shall obtain a tree removal permit, and shall comply with any tree
protection measures or replacement mitigation plantings stipulated by the City and
contained in the project tree assessment report.
Prior to and during construction, the applicant shall implement all tree protection
measures recommended by the certified arborist's tree assessment report and permit
approvals.
E. CULTURAL RESOURCES
Potentially Destroy a Unique Paleontological Site or Resource, or a Unique Geologic
Feature.
1. Impact. There are no known paleontological resources or unique
geological features within the site, but there is a possibility of the unanticipated
discovery of paleontological resources during ground- disturbing activities associated
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with construction. Therefore, future development of uses consistent with the
conceptual development plans could significantly impact paleontological resources.
2. Findings of Fact. The California Environmental Quality Act establishes
that unique archaeological resources either contain information needed to answer
important scientific research questions, have a particular quality such as being the
oldest of its type or the best available example, or are directly associated with a
scientifically recognized important prehistoric or historic event or person. These
resources can include paleontological resources, which are fossilized remains, traces,
or imprints of organisms, preserved in or on the earth's crust. Protection of these
resources is required if they are discovered.
The City Council hereby finds that the following mitigation measure is feasible and
will effectively mitigate the identified significant adverse effects related to
subsequent development within the USA boundaries. City Council approval of a
specific plan is required prior to any development entitlements, and the provisions of
the mitigation measure are required to be incorporated into the specific plan.
3. Mitigation Measure.
CR -1. The specific plan shall include provisions to protect potentially occurring
paleontological resources. In the event that any previously undiscovered
paleontological resources are encountered during grading and excavation for future
development of the project site, all work within a 50 -meter (165 -foot) radius of the
find shall be stopped, the Community Development Department notified, and a
qualified paleontologist retained by the developer to examine the find and make
appropriate recommendations. The applicant shall include the requirement for this
procedure on project plans. If paleontological resources are discovered, the applicant,
in consultation with the qualified paleontologist, shall identify and implement
appropriate measures for the protection of the paleontological resources.
Destroy or Substantially Alter the Significance of Potentially Historic Resources
including the 1880s Era Fitzgerald - Allemand Farm Buildings.
1. Impact. The 1880s Era Fitzgerald - Allemand farm buildings are located on
the site. Numerous other structures on the site may be at least 45 years old, the
threshold for potential historic significance. Structures over 45 years old might be
eligible for inclusion on the National Register of Historic Places or California
Register of Historic Resources. Future development of the proposed project site has
the potential to destroy or substantially alter the significance of these potentially
historic resources. This is a potentially significant impact.
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2. Findings of Fact. The California Environmental Quality Act establishes
that unique archaeological resources either contain information needed to answer
important scientific research questions, have a particular quality such as being the
oldest of its type or the best available example, or are directly associated with a
scientifically recognized important prehistoric or historic event or person. These
resources can include historic resources meeting the criteria for inclusion on the
National Register of Historic Places or California Register of Historic Resources.
Resources exist on the site that could qualify under the applicable criteria.
The City Council hereby finds that the following mitigation measure is
feasible and will effectively mitigate the identified significant adverse effects related
to subsequent development within the USA boundaries. City Council approval of a
specific plan is required prior to any development entitlements, and the provisions of
the mitigation measure are required to be incorporated into the specific plan. 3.
Mitigation Measure.
CR -2. The specific plan, including the sites of associated off -site improvements,
shall include a requirement for an inventory of all structures, identification of those
believed to be 45 years old or older, and a historic resource evaluation for each
structure 45 years old or older that has been made by a qualified professional, subject
to review and approval of the Planning Manager. The historic resource evaluation
shall be prepared by a qualified professional at the applicant's expense prior to
development entitlements. The historic resource evaluation shall evaluate the
identified historic -era structures with National Register of Historic Places and
California Register of Historic Resources eligibility criteria. The historic resource
evaluation shall include the Fitzgerald - Allemand farm complex to determine if the
complex still retains historic significance.
All historic resources shall be preserved and incorporated into the specific plan or
other adequate mitigation to protect the value of the historic resource, such as
documentation, or relocation, as determined appropriate by the site - specific historic
resources evaluation, shall be required. Historic resources reports shall be prepared by
a qualified professional who meets the standards for architectural historian and /or
historical architect set forth by the Secretary of the Interior (Secretary of the Interior's
Professional Qualification Standards, 36 CFR 61). Documentation shall be consistent
with the Historic American Buildings Survey /Historic American Engineering Record
protocols.
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Potential Adverse Change to Prehistoric or Archaeological Resources.
1. Impact. Construction of the Project could destroy or substantially alter
subsurface cultural resources, including human remains, during construction. Several
factors elevate the potential for discovery of unknown buried cultural resources: the
proximity of the project site to West Branch Llagas Creek and Lions Creek;
intermittent discovery of prehistoric artifacts on the surface of various portions of the
site during the previous surveys; and the discovery adjacent to the site, despite few
surface indicators, of a largely buried and significant archaeological deposit.
Incidental disruption and /or destruction of archaeological resources associated with
this recorded site would be a significant impact.
2. Findings of Fact. The California Environmental Quality Act establishes
that unique archaeological resources either contain information needed to answer
important scientific research questions, have a particular quality such as being the
oldest of its type or the best available example, or are directly associated with a
scientifically recognized important prehistoric or historic event or person. These
resources can include artifacts or human remains from earlier cultural periods.
Protection of these resources is required if they are discovered.
The City Council hereby finds that the following mitigation measures are feasible and
will effectively mitigate the identified significant adverse effects related to
subsequent development within the USA boundaries. City Council approval of a
specific plan is required prior to any development entitlements, and the provisions of
the mitigation measures are required to be incorporated into the specific plan.
3. Mitigation Measures.
CR -3. The specific plan shall require reconnaissance -level archeological reports for
those areas that have not had an archeological report previously prepared (see EIR
Figure) prior to approval of development entitlements. The report shall include results
from a records search and Sacred Lands search. The reconnaissance -level
archeological survey and report shall be prepared by a qualified professional, subject
to review and approval of the Planning Manager. If archeological resources are
identified during the survey, the applicant, in consultation with the qualified
archaeologist, shall develop and implement appropriate measures for the protection of
the archaeological resources.
CR -4. The specific plan shall include provisions to protect potentially occurring
buried cultural resources. Due to the possibility that significant buried cultural
resources might be found during construction, the following language shall be
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included on any plans for which permits are issued for the project site, including, but
not limited to grading plans and building plans for future development, subject to the
review and approval of the Gilroy Planning Division:
If midden soil, cultural features, or potentially significant cultural resources, are
discovered during construction, work shall be halted within 50 meters (165 feet) of
the find until a qualified professional archaeologist can evaluate the find. If the find is
determined to be significant, appropriate mitigation measures shall be formulated and
implemented in accordance with Gilroy 2020 General Plan Policy 5.07.
Mitigation shall include, at a minimum, recovery of significant cultural materials and
professional analysis based on the types and quantities of those materials recovered,
which might include analysis of lithic artifacts and materials, radiocarbon dating of
shell fragments, bead analysis, faunal analysis, etc. Cultural materials recovered
during monitoring and/or mitigation, other than those directly associated with Native
American burials, should be curated in the public domain at a suitable research
facility.
CR -5. The specific plan shall include provisions to protect potentially occurring
unknown human remains. Due to the possibility that human remains may be
discovered or recognized during construction, the following language shall be
included on any plans for which permits are issued for the project site, including but
not limited to grading plans and building plans for future development, in accordance
with CEQA Guidelines section 15064.5(e), and subject to the review and approval of
the 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 from
the deceased Native American. The most- likely descendent may then make
recommendations to the landowner or the person responsible for the excavation work,
for means of treating or disposing of, with appropriate dignity, the human remains
and associated grave goods as provided in Public Resources Code Section 5097.98.
The landowner or his authorized representative shall rebury the Native American
human remains and associated grave goods with appropriate dignity on the property
in a location not subject to further disturbance if: a) the Native American Heritage
Commission is unable to identify a most - likely descendent or the most - likely
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descendent failed to make a recommendation within 24 hours after being notified by
the commission; b) the descendent identified fails to make a recommendation; or c)
the landowner or his authorized representative rejects the recommendation of the
descendent, and the mediation by the Native American Heritage Commission fails to
provide measures acceptable to the landowner.
F. GEOLOGY AND SOILS
Seismic- related Ground Failure.
1. Impact. Approximately 107 acres in the northern portion of the site are
subject to liquefaction and buildings could suffer significant damage in the event of a
strong earthquake that triggered soil settlement. Some of the off -site improvements to
Fitzgerald Avenue and the adjacent drainage system are in areas subject to
liquefaction. This is a potentially significant impact.
2. Findings of Fact. Soils data from the Soil Conservation Service and United
States Geological Survey indicate that some soils on the site are subject to the loss of
integrity during seismic shaking, and potentially resulting in damage to buildings with
foundations bearing on those soils.
The City Council hereby finds that the following mitigation measures are feasible and
will effectively mitigate the identified significant adverse effects related to
subsequent development within the USA boundaries. The mitigation measures are
enforceable through the provisions of the California Building Codes and permits
issued by the City prior to construction of buildings. City Council approval of a
specific plan is required prior to any development entitlements, and the provisions of
the mitigation measures are required to be incorporated into the specific plan.
3. Mitigation Measures.
GEO -1. The specific plan shall include provisions to protect structures from the
effects of liquefaction. Prior to approval of building permits in areas identified as
susceptible to liquefaction, the applicant shall have a State - qualified registered
engineer develop a soil mitigation plan to reduce settlement risks, or foundation and
utility transition designs adequate to accommodate uniform building settlement in the
event of seismically induced liquefaction. The engineer's recommendations shall be
incorporated into construction drawings.
GEO -2. The specific plan shall include provisions to protect structures from the
effects of liquefaction. Prior to approval of improvement plans for roadways, bridges,
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or culverts in areas identified as susceptible to liquefaction, the State - qualified
structural engineer shall provide evidence that soil mitigation and /or structural
designs are adequate to provide support in the event of seismically induced
liquefaction.
G. HAZARDS AND HAZARDOUS MATERIALS
Potential for Hazardous Materials from Prior or Existing Uses.
1. Impact. Because agricultural, light industrial, and commercial uses have
existed on the site and are likely to have used or stored hazardous materials on the
site, the potential exists that project site soils have been locally contaminated by spills
or leakage of these materials. Results of soil testing performed on the agricultural
fields between Day Road and Fitzgerald Avenue in 2014, reported up to eight
pesticides and arsenic at concentrations exceeding the Regional Water Quality
Control Board's environmental screening levels for commercial and residential uses.
Exposure of future residents or students to soils contamination is a potential health
hazard and environmental impact.
2. Findings of Fact. Chemicals used in agricultural pest control have toxic
qualities that ca be harmful to human health, even in residual amounts in soils.
Residual chemicals from agricultural activities on the site have been identified
through soil sampling. The Environmental Protection Agency, Regional Water
Quality Control Board, and/or the Department of Toxic Substances. Control Human
have established acceptable exposure levels for these chemicals. If chemical
concentrations in soils on the site exceed those levels, future occupants of the site
could be exposed to harmful effects from those chemicals.
The City Council hereby finds that the following mitigation measure is feasible and
will effectively mitigate the identified significant adverse effects related to
subsequent development within the USA boundaries. The mitigation measure is
enforceable through actions by the Department of Toxic Substances Control and the
County of Santa Clara Department of Environmental Health. City Council approval
of a specific plan is required prior to any development entitlements, and the
provisions of the mitigation measure are required to be incorporated into the specific
plan.
3. Mitigation Measure.
HAZ -1. A specific plan shall include provisions to protect against the effects of soil
contamination from hazardous materials. Prior to approval of development
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entitlements (subdivision maps, site plans, etc.), the applicant shall conduct pesticide
residue sampling or prepare a Phase I environmental assessment report to determine if
hazardous materials contamination exists in soils or groundwater on the project site.
If the sampling or Phase I environmental assessment report, or subsequent
investigations indicate significant soils or groundwater contamination exists, the
applicant shall develop and implement a cleanup plan with oversight by the California
Department of Toxic Substances Control, California Regional Water Quality Control
Board, and/or the County of Santa Clara Department of Environmental Health.
Development shall only occur after certification by the oversight agency that cleanup
to the required level has been accomplished.
Prior to approval of school projects, the Division of the State Architect would
ascertain that the project site soils meet standards for development of public schools.
The Gilroy Unified School District would conduct pesticide residue sampling or
prepare a Phase I environmental assessment report to determine if hazardous
materials contamination exists in soils or groundwater on the project site. If the
sampling or Phase I environmental assessment report, or subsequent investigations
were to indicate significant soils or groundwater contamination exists, the Gilroy
Unified School District would develop and implement a cleanup plan with oversight
by the California Department of Toxic Substances Control. Due to existing state site
clearance procedures, development of the school would only occur after certification
by the oversight agency that cleanup, if necessary, has been accomplished to the
required level.
H. HYDROLOGY AND WATER QUALITY
Deplete Groundwater Supplies.
1. Impact. The Project would increase the demand for potable water on the
site, and would contribute to increased city -wide and sub - basin -wide groundwater
demand. The Project's water demands would exceed the available supply and result
in a significant impact to groundwater levels. A minimum five percent water use
reduction would be required to meet necessary city -wide water use reductions.
However, additional reductions within the site may be necessary to maintain the
Llagas Sub -basin long -term groundwater balance because reductions in established
areas of the city may be relatively more difficult and take longer to achieve, and there
is the potential that natural recharge from rainfall and artificial recharge from rainfall
stored in reservoirs and imported from the Central Valley Project will be reduced
from current levels.
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2. Findings of Fact. The City depends on groundwater withdrawn from the
Llagas groundwater basin as its primary water source. The groundwater basin also
supplies Morgan Hill, agricultural uses, and rural residences. The groundwater levels
in the basin are monitored and managed through artificial recharge by the Santa Clara
Valley Water District. The Santa Clara Valley Water District and the City have each
prepared urban water management plans to guide beneficial use of water from the
basin. Four recent years of drought have focused attention on the need to carefully
manage basin groundwater levels, to protect the groundwater itself, those dependent
on beneficial use of the groundwater, and prevent subsidence. Cumulative
development and water demand are expected to result in excess withdrawals, and the
potential for reduced rainfall and reduced availability of imported water may reduce
aquifer recharge. Therefore, additional water conservation and expanded use of
recycled water are necessary to protect the Llagas groundwater basin resources.
The City Council hereby finds that the following mitigation measures are feasible and
will effectively mitigate the identified significant adverse effects related to
subsequent development within the USA boundaries. City Council approval of a
specific plan is required prior to any development entitlements, and the provisions of
the mitigation measures are required to be incorporated into the specific plan.
3. Mitigation Measures.
HY -1. The specific plan shall include water conservation strategies and
implementation programs, which could include requirements for ultra -low water use
fixtures and/or appliances, motion - activated faucets, use of on- site - sourced recycled
water for toilets, water metering or sub - metering for each individual multi - family
unit, self - adjusting weather -based irrigation controllers, on -site grey water re -use
and /or rain water capture systems for irrigation. Subject to review and approval of the
City Engineer, a water baseline shall be presented, including major water use
components (i.e. landscape irrigation, bathrooms, kitchen, etc.), and the water savings
plan shall document how each strategy will achieve reductions. The water
conservation strategies shall be designed to achieve a minimum 20 percent reduction
in water use compared to 2014 Water System Master Plan factors at each residential
unit or commercial building.
HY -2. The specific plan shall include representative percolation testing to assess the
potential for groundwater recharge, and if recharge is feasible, storm water
detention/percolation from these recharge areas shall be retained within these areas to
the extent feasible. Storm water run -off from development within low- infiltration
areas shall be directed to infiltration basins within the recharge area to the extent
practical.
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HY -3. The specific plan shall prohibit the use of domestic potable water for irrigated
landscaping in roadway rights -of -way. If irrigated, recycled water, captured storm
water run -off, or another non - potable water supply shall be used. Turf shall be limited
to areas of active use such as private backyards and play fields in parks. The applicant
shall be responsible for construction and funding of the landscaping and irrigation.
HY -4. The specific plan shall include recycled water system plans and require the
installation of recycled water system piping for accommodation of future delivery of
recycled water, for use on irrigated open space areas. Piping shall also be designed to
accommodate connections to open space areas outside, but adjacent to the project site.
The applicant shall be responsible for construction and funding of these
improvements.
Redirection of Flood Water Flows and Placement of Housing and Schools within a
100 -year Flood Hazard Area.
1. Impact. The Project would place housing and schools with a 100 -year
flood hazard area, as shown on Federal Emergency Management Agency Flood
Insurance Rate Maps. The conceptual design plans incorporate drainage system
improvements and flood control designs that funnel flood waters away from existing
and proposed neighborhoods and housing units, into an engineered channel with low -
flow, 10 -year storm flow, and 100 -year storm flow areas which would redirect flood
flows away from critical areas and discharge it into the existing Lions Creek and
Llagas Creek flood control channels to prevent flooding, detain and filter storm water,
and protect housing. The Santa Clara Valley Water District and Federal Emergency
Management Agency would need to provide ultimate acceptance of the channel
designs and revisions to mapped floodways. Until that acceptance is granted, the
locations of proposed housing and schools would be considered to be located within a
100 -year floodway. The potential for flooding housing and schools is considered a
significant impact.
2. Findings of Fact. The Federal Emergency Management Agency has
prepared maps of the city indicating various flood potential within the city. Much of
the site is within the area referred to as the 100 -year flood zone or area with a one
percent chance of flooding in any given year. In areas subject to this level of flood
risk, for protection of property and occupants, precautions are necessary before
construction of buildings may occur, usually physical diversion of floodwaters or
elevation of structures.
The City Council hereby finds that the following mitigation measure is
feasible and will effectively mitigate the identified significant adverse effects related
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to subsequent development within the USA boundaries. This mitigation measure is
enforceable through the Federal Emergency Management Agency and the Santa Clara
Valley Water District. City Council approval of a specific plan is required prior to
any development entitlements, and the provisions of the mitigation measure are
required to be incorporated into the specific plan.
3. Mitigation Measure.
HY -5. The specific plan for residential or school development within a 100 -year
flood area mapped by the Federal Emergency Management Agency, shall include
designs for all storm water facilities subject to review and approval by the City
Engineer and the Santa Clara Valley Water District. A revised flood flow easement
shall be recorded prior to approval of the improvement plans.
I. NOISE
Project Development Exposure to Noise Levels in Excess of Standards from
Roadway Traffic and Railroad Operations.
1. Impact. Residential development is anticipated as a primary use on the
site. The conceptual development plans indicate that active adult residences could be
constructed near Monterey Road and that additional residences would be constructed
along Santa Teresa Boulevard, Fitzgerald Avenue, and Day Road. The noise level in
the vicinity of the site is anticipated to increase due to the increase in traffic on these
streets over time. This is a significant environmental impact that may not be able to
be fully mitigated. Adherence to City noise standards may not be possible in all cases.
The City is required to adopt a statement of overriding considerations to approve the
Project.
2. Findings of Fact. The city is an urban environment with high levels of
traffic on primary transportation corridors, and traffic noise and railroad noise are two
of the most prevalent sources of noise within the city. Based on federal and state
standards, the City has established noise level standards that are considered safe for
long -term exposure of residents. The noise standards are intended to protect the
health and comfort of city residents. Mitigation of noise is at time at variance with
protection of other City interests, including aesthetic objectives that preclude the
construction of sound walls over seven feet tall, and discourage construction of sound
walls in most circumstances. Absent sound walls, residential uses could require a
setback of up to 1,190 feet from the Monterey Road/Union Pacific Railroad
centerline. However, the buildings nearest the noise source would serve to reduce
noise behind them, so the actual distance of noise penetration would be less, and with
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building soundproofing to protect interior areas, the required setback could be
substantially less. Nonetheless, the City cannot guarantee that large areas of
residential development would not be exposed to exterior noise levels that exceed the
City's standards.
The City Council hereby finds that the following mitigation measure is feasible and
will mitigate, although not fully or in every location, the identified significant adverse
effects from noise related to subsequent development within the USA boundaries.
City Council approval of a specific plan is required prior to any development
entitlements, and the provisions of the mitigation measure are required to be
incorporated into the specific plan.
3. Mitigation Measure (Partial Mitigation).
N -1. The specific plan shall, for residential development within 1,000 feet of the
Monterey Road centerline, 300 feet of the Fitzgerald Avenue centerline, 375 feet of
the Santa Teresa Boulevard centerline north of Day Road, 100 feet of the centerline
of Santa Teresa Boulevard south of Day Road, or 250 feet of the centerline of Wren
Avenue, include a noise mitigation plan. The noise mitigation plan shall be based on
site- specific noise studies, and provide a means of reducing exterior noise levels to
within the City's adopted noise standards. Noise attenuation shall be obtained
primarily from setbacks, building designs, and site planning in accordance with the
City's Sound Attenuation Policy. Building placement may be used to shield outdoor
use areas. If necessary, non - noise - sensitive land uses or land use components, such as
commercial uses or parking lots, shall be located within the areas where noise
standards cannot be met.
In residential locations where the 60 dBA Ldn exterior noise standard is not achieved
(e.g., at unshielded upper stories of homes), building construction methods shall be
used to ensure that the 45 dBA Ldn interior standard is achieved. In these locations,
building sound insulation shall include the provision of forced -air mechanical
ventilation so that windows may be kept closed at the occupant's discretion to control
noise. Special building construction techniques (e.g., sound -rated windows and
building facade treatments) may be required where exterior noise levels exceed 65
dBA Ldn, such as sound rated windows and doors, sound rated exterior wall
assemblies, and/or acoustical caulking.
Sound walls shall be allowed only after the other techniques are applied, and a sound
wall over seven feet in height shall only be allowed with the City Council approval
and findings that other feasible approaches have been implemented to the extent
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feasible, and that adequate aesthetics measures for the sound walls have been
required.
Results of the site - specific analysis, including the description of the necessary noise
control treatments, shall be submitted to the Community Development Director for
approval, and the measures shall be included on tentative tract maps and site plans,
and enforced as conditions of approval.
4. Statement of Overriding Considerations. See Section III below for
Statement of Overriding Considerations.
Proposed Project Commercial Noise and Mechanical Systems Noise at Proposed
Project Residences.
1. Impact. Neighborhood - serving commercial uses could be developed
adjacent to residential land uses, which could result in noise levels at the residences
exceeding City residential noise standards. Commercial refuse areas and delivery
activities and commercial and residential heating or cooling systems, could contribute
to noise that would adversely affect residents. This is a potentially significant impact.
2. Findings of Fact. A goal of the City's Neighborhood District is to combine
uses, including commercial uses with the predominately residential Neighborhood
District. The development standards for the district establish commercial placement
criteria to reduce adverse effects that could arise from the proximity of commercial
and residential uses, including noise from commercial operations intruding at
residential properties. The project includes a mix of commercial uses conforming to
the placement criteria, but noise impacts could still occur.
The City Council hereby finds that the following mitigation measure is
feasible and will effectively mitigate the identified significant adverse effects related
to subsequent development within the USA boundaries. City Council approval of a
specific plan is required prior to any development entitlements, and the provisions of
the mitigation measure are required to be incorporated into the specific plan.
3. Mitigation Measure.
N -2. The specific plan shall include noise attenuation requirements that will, based
on site - specific noise studies, reduce commercial - sourced exterior noise levels at
residential lots to within the City's adopted residential noise standards. Site and
building designs shall take this requirement into account, including specification of
equipment with low noise ratings, location of noise sources to non - residential sides of
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buildings, setbacks, hourly activity restrictions, or other methods appropriate to the
specific circumstances. Noise attenuation walls or enclosures are to be used only
when other measures are demonstrated to the Community Development Director to
not be feasible. Specification and placement of residential heating and cooling
systems shall ensure that noise levels from these mechanical systems do not result in
levels exceeding City residential noise standards, and that the systems are adequately
separated from neighboring residential units' windows or air intakes.
Construction Noise.
1. Impact. Noise generated by construction activities as a result of the Project
would temporarily elevate ambient noise levels at sensitive land uses in the vicinity.
Due to the proximity of existing residential land uses, there is a potential that
construction noise levels would exceed 60 dBA Leq, and the ambient noise level by at
least five dBA Leq, for a period greater than one year. This is a significant impact.
2. Findings of Fact. The severity of construction noise impacts is dependent
on the types of construction equipment, the timing and duration of noise generating
activities, and the distance between construction noise sources and noise sensitive
receptors. Construction noise impacts are most bothersome during noise - sensitive
times of the day (early morning, evening, or nighttime hours) when ambient noise
levels are lower and people are sleeping or engaging in other quiet activities.
Measures to reduce construction noise effects focus on reducing noise levels during
noise - sensitive time of the day.
The City Council hereby finds that the following mitigation measure is feasible and
will effectively mitigate the identified significant adverse effects related to
subsequent development within the USA boundaries. City Council approval of a
specific plan is required prior to any development entitlements, and the provisions of
the mitigation measure are required to be incorporated into the specific plan.
3. Mitigation Measure.
N -3. The specific plan shall include the following construction noise control
measures, to be incorporated into all development permits for the proposed project,
subject to the review and approval of the City of Gilroy Planning Division:
Limit noise - generating construction activity to weekdays between 7:00 am
and 7:00 pm and Saturdays and holidays between 9:00 am and 7:00 pm, with
no construction on Sundays; Subject to Community Development Department
approval, construction activities that do not generate significant noise (e.g.
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interior painting, appliance installation, etc.) may occur at any time if not
otherwise restricted;
■ Locate stationary noise - generating equipment as far as possible from sensitive
receptors when sensitive receptors adjoin or are near a construction project
area;
■ Construct sound walls or other noise reduction measures prior to developing
the project site;
■ Equip all internal combustion engine driven equipment with intake and
exhaust mufflers that are in good condition and appropriate for the equipment;
■ Prohibit all unnecessary idling of internal combustion engines (beyond five
minutes);
■ Utilize "quiet" models of air compressors (rated under 70 dBA) and other
stationary noise sources where technology exists; and
■ Designate a "disturbance coordinator" who would be responsible for
responding to any complaints about construction noise within two hours, and
available during construction hours. The disturbance coordinator will
determine the cause of the noise complaint (e.g., bad muffler, etc.) and will
require that reasonable measures be implemented to correct the problem.
Noise complaints and their resolution shall be reported to the City within
seven days.
Project Construction Vibration On -site and Off -site.
1. Impact. Vibratory compaction methods may be required in the northern
portion of the site. Because a portion of the site is identified as having a high risk for
liquefaction, special construction approaches would be necessary to ensure buildings
are not subject to significant damage from liquefaction. Vibration from treatment of
soils with liquefaction risk was assessed based on the worst -case scenario of impact
pile driving vibration factors. There is the potential that pile driving could occur
within 85 feet of new houses within the site, and this could be a significant impact.
2. Findings of Fact. Ground vibration consists of rapidly fluctuating waves
within the ground. Vibration becomes perceptible and potentially irritating at about
0.1 inches per second and can begin to cause cosmetic structure damage at about 0.3
inches per second. Because portions of the site have soils with a high risk for
liquefaction, and vibratory compaction is one approach to preparing these soils for
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construction. Soils treatments can be completed far enough away from existing
houses to avoid significant vibration, but construction phasing could be necessary to
ensure residents of new houses do not suffer adverse effects from vibration.
The City Council hereby finds that the following mitigation measure is feasible and
will effectively mitigate the identified significant adverse effects related to
subsequent development within the USA boundaries. City Council approval of a
specific plan is required prior to any development entitlements, and the provisions of
the mitigation measure are required to be incorporated into the specific plan.
3. Mitigation Measure.
N -4. The specific plan for the northern portion of the project site, which include
areas subject to liquefaction, shall include provisions that vibratory compacting
operations be completed prior to occupancy of any house within 85 feet of the
compacting operations.
Cumulative Off -site Noise Levels at Existing Residences.
1. Impact. The noise report indicates that Project - generated traffic noise
could increase ambient noise levels at existing houses by up to nine dBA in the most
extreme case, and would result in off -site noise increase impacts at several locations.
This is a significant and unavoidable cumulative impact because effective noise
measures cannot necessarily be implemented at the existing residences that would be
affected. The City is required to adopt a statement of overriding considerations to
approve the project.
2. Findings of Fact. Under cumulative conditions, increased traffic noise
could result in front of some existing houses. Traffic from the Project would
contribute to this additional traffic and noise. Because the noise increases take place
at the fronts of already existing houses, feasible solutions to reduce noise are limited,
primarily upgrades to the building envelope, such as replacement of existing windows
with noise -rated windows. The improvements are subject to approval of individual
homeowners, and although the Project developer would fund the upgrades, there is no
assurance that affected homeowners would opt to accept the upgrades.
The City Council hereby finds that the following mitigation measures, although
physically feasible and although they will effectively mitigate the identified
significant adverse effects related to subsequent development within the USA
boundaries if implemented, are subject to the individual approval of homeowners, and
ultimately not under the control of the City or the Project developer. Because the
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mitigation measures are not enforceable the required mitigation may not be
implemented, and the impact would remain significant and unavoidable. City Council
approval of a specific plan is required prior to any development entitlements, and the
provisions of the mitigation measure are required to be incorporated into the specific
plan.
3. Mitigation Measures.
N -5 (Cumulative). The specific plan shall include requirements for the applicant for
the development that triggers the road widening on Masten Avenue or Buena Vista
Avenue to prepare a noise study, for approval of the Community Development
Director. The noise study shall focus on existing houses within 350 feet of the street
to be widened to determine the outdoor noise levels under buildout conditions for the
proposed project at these houses. If the noise study identifies a noise increase of 3
dBA or greater above the 61 dBA Ldn baseline, the applicant shall prepare and offer
implementation of a voluntary noise attenuation program for the affected houses,
which could include window replacement on walls facing the street or located in the
front room(s) of the house, and sound insulation and/or sound barriers at the affected
houses. Offers to participate in the noise attenuation program shall be provided to
owners of affected properties prior to commencement of road improvements in front
of the affected residences, and owners shall have at least 30 days to opt for the noise
attenuation improvements. The noise attenuation program shall be implemented at
participating residences prior to commencement of road construction.
N -6 (Cumulative). The specific plan shall include provisions to offer a voluntary
noise attenuation program for houses along Wren Avenue south of Ferrell Avenue
and north of Mantelli Drive. The noise attenuation program shall offer window
replacement on walls facing the street or in the front room(s) of the house, and sound
insulation and /or sound barriers at the affected houses. Offers to participate in the
noise attenuation program shall be provided to owners of affected properties prior to
commencement of building construction within the specific plan area, and owners
shall have at least 30 days to opt for the noise attenuation improvements. The noise
attenuation program shall be implemented at participating residences prior to
occupancy of the project buildings.
On other streets, traffic noise attributable to proposed project traffic would only be
slightly increased compared to existing conditions. Traffic noise levels on these other
roadways are calculated to increase by less than two dBA Ldn as a result of the
proposed project plus cumulative development.
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4. Statement of Overriding Considerations. See Section III below for
Statement of Overriding Considerations.
FIRE PROTECTION
Need for Expanded Services and New or Enlarged Fire Department Facilities.
Impact. The Project would increase demand for Gilroy Fire Department
response to the site, and because of mutual aid responses, would also increase
demands on the South Santa Clara County Fire District. The Gilroy Fire Department
area of responsibility would be expanded to include the site, and potentially the
adjacent streets. The need for expanded or new fire station facilities is possible. The
need for new or expanded fire station facilities is a potentially significant impact.
2. Findings of Fact. The City has adopted fire department response standards,
aligned with National Best Practices. The City has two existing fire stations near the
site, one to the south of the site and one to the west, and these stations can respond to
fires within most of the site within an acceptable timeframe. However, until a specific
plan identifies final circulation designs, it is not certain that a timely response from
these stations is possible with enough frequency at the northeastern portion of the site.
If an active adult community is developed, specialized equipment may be required,
along with increased storage facilities at one of the fire stations.
The City Council hereby finds that the following mitigation measures are feasible and
will effectively mitigate the identified significant adverse effects related to
subsequent development within the USA boundaries. City Council approval of a
specific plan is required prior to any development entitlements, and the provisions of
the mitigation measures are required to be incorporated into the specific plan.
3. Mitigation Measures.
F -1. The specific plan shall include a fire and emergency medical services plan,
which shall, based on final development and circulation plans and development
phasing, at a minimum address the following parameters for providing adequate fire
and emergency medical response within the project site:
response time study to confirm, based on circulation plans and phasing, the
ability for first unit and second unit responders to respond within nationally -
recognized response time standards, to all locations within the project site;
provisions for station expansion and /or continued mutual aid agreement with
the South Santa Clara County Fire District if response times or staffing
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capabilities at the Sunrise Station and Las Animas Station cannot meet
nationally - recognized response time standards;
■ provisions that all gated communities include rapid access provisions for
emergency response personnel and their equipment, subject to the review and
approval of the City's Fire Marshal and Police Chief,
■ primary and secondary access provisions, tied to the phasing plan, to ensure
that timely access is available at all stages of development and at build out;
■ communications study to ensure that adequate inter - departmental and inter-
agency communications are ensured throughout the project site, and
provisions for new communications towers if needed;
■ if an age - restricted community is proposed, the study shall include analysis of
emergency medical needs and ensure adequate response to that need; and
■ if building heights of more than three stories are permitted, provisions for the
funding of specialized response equipment and inclusion of additional life -
safety designs within and adjacent to buildings over three stories in height.
Developers shall be responsible for funding and creation of the fire and emergency
medical services plan. Provisions of the fire and emergency medical services plan
shall be enforced through inclusion of terms in development agreements for the
specific plan.
F -2. The specific plan shall include goals and policies consistent with the
requirements of Government Code Section 53312.7, and shall require the City to
initiate formation of a Community Facilities District and annexation to Landscaping
and Lighting District, subject to the applicable voting approval. The boundaries of the
Community Facilities District and Landscape and Lighting District shall encompass
the greatest portion of the project site considered feasible. The Community Facilities
District shall provide, but not be limited to supplemental funding for emergency
services, including funding for fire, paramedic, and police personnel and equipment,
including specialized equipment for service of special populations or tall buildings,
subject to approval of the City Council as advised by the Community Development
Director, City Fire Marshal, and Police Chief. The Landscaping and Lighting District
shall provide for funding as authorized by state law.
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K. POLICE PROTECTION
Need for New or Enlarged Police Department Facilities or Additional Police
Equipment.
1. Impact. The Project would increase demand for Gilroy Police Department
response to the site and require additional officers, support staff, and patrol vehicles.
Gated residential areas could increase response times and a substation may be
necessary to perform services without taking patrols out of the response area. These
are potentially significant impacts.
2. Findings of Fact. The site is at the extreme north end of the city, between
2.25 and 4 miles from the police station. Police officers patrol within beats, and
generally cannot leave those beats for extended periods of time without reducing
response capabilities. Returning to the police station to file reports mid -shift would
take an officer out of the patrol area for an extended amount of time.
The City Council hereby finds that the following mitigation measures are feasible and
will effectively mitigate the identified significant adverse effects related to
subsequent development within the USA boundaries. City Council approval of a
specific plan is required prior to any development entitlements, and the provisions of
the mitigation measures are required to be incorporated into the specific plan.
3. Mitigation Measures.
P -1. The specific plan shall include a police services needs analysis, and reserve a
location for a police substation, subject to approval of the Police Chief.
F -2. The specific plan shall include goals and policies consistent with the
requirements of Government Code Section 53312.7, and shall require the City to
initiate formation of a Community Facilities District and annexation to Landscaping
and Lighting District, subject to the applicable voting approval. The boundaries of the
Community Facilities District and Landscape and Lighting District shall encompass
the greatest portion of the project site considered feasible. The Community Facilities
District shall provide, but not be limited to supplemental funding for emergency
services, including funding for fire, paramedic, and police personnel and equipment,
including specialized equipment for service of special populations or tall buildings,
subject to approval of the City Council as advised by the Community Development
Director, City Fire Marshal, and Police Chief. The Landscaping and Lighting District
shall provide for funding as authorized by state law.
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L. PARKS
Construction of Parks as Part of the Proposed Project.
1. Impact. The Project includes several parks within the project site,
including a large community park, construction of which would result in significant
impacts.
2. Findings of Fact. The City Council hereby finds that mitigation measures
presented throughout the EIR, and included in these findings, that mitigate the
significant adverse effects of parks within the site, are feasible and will effectively
mitigate the identified effects resulting from subsequent development of parks within
the USA boundaries. City Council approval of a specific plan is required prior to any
development entitlements, and the provisions of the mitigation measures are required
to be incorporated into the specific plan.
3. Mitigation Measures.
Many of the mitigation measures adopted for the Project as a whole would also
mitigate impacts from development of parks.
M. WATER SERVICE
New Water Entitlements.
1. Impact. The Project would require water supplies of about 1,525 acre -feet
per year. The City would serve the proposed project through expansion of its water
system. Expansion of the City's water system would be required and could result in
significant impacts from the acquisition of new water entitlements.
2. Findings of Fact. The City depends on groundwater withdrawn from the
Llagas groundwater basin as its primary water source. The groundwater basin also
supplies Morgan Hill, agricultural uses, and rural residences. The groundwater levels
in the basin are monitored and managed through artificial recharge by the Santa Clara
Valley Water District. The Santa Clara Valley Water District and the City have each
prepared urban water management plans to guide beneficial use of water from the
basin. Four recent years of drought have focused attention on the need to carefully
manage basin groundwater levels, to protect the groundwater itself, those dependent
on beneficial use of the groundwater, and prevent subsidence. Cumulative
development and water demand are expected to result in excess withdrawals, and the
potential for reduced rainfall and reduced availability of imported water may reduce
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aquifer recharge. Therefore, additional water conservation and expanded use of
recycled water are necessary to protect the Llagas groundwater basin resources.
The City Council hereby finds that the following mitigation measures are feasible and
will effectively mitigate the identified significant adverse effects related to
subsequent development within the USA boundaries. City Council approval of a
specific plan is required prior to any development entitlements, and the provisions of
the mitigation measures are required to be incorporated into the specific plan.
3. Mitigation Measures.
HY -1. The specific plan shall include water conservation strategies and
implementation programs, which could include requirements for ultra -low water use
fixtures and /or appliances, motion - activated faucets, use of on- site - sourced recycled
water for toilets, water metering or sub - metering for each individual multi - family
unit, self - adjusting weather -based irrigation controllers, on -site grey water re -use
and /or rain water capture systems for irrigation. Subject to review and approval of the
City Engineer, a water baseline shall be presented, including major water use
components (i.e. landscape irrigation, bathrooms, kitchen, etc.), and the water savings
plan shall document how each strategy will achieve reductions. The water
conservation strategies shall be designed to achieve a minimum 20 percent reduction
in water use compared to 2014 Water System Master Plan factors at each residential
unit or commercial building.
HY -2. The specific plan shall include representative percolation testing to assess the
potential for groundwater recharge, and if recharge is feasible, storm water
detention/percolation from these recharge areas shall be retained within these areas to
the extent feasible. Storm water run -off from development within low - infiltration
areas shall be directed to infiltration basins within the recharge area to the extent
practical.
HY -3. The specific plan shall prohibit the use of domestic potable water for irrigated
landscaping in roadway rights -of -way. If irrigated, recycled water, captured storm
water run -off, or another non - potable water supply shall be used. Turf shall be limited
to areas of active use such as private backyards and play fields in parks. The applicant
shall be responsible for construction and funding of the landscaping and irrigation.
HY -4. The specific plan shall include recycled water system plans and require the
installation of recycled water system piping for accommodation of future delivery of
recycled water, for use on irrigated open space areas. Piping shall also be designed to
accommodate connections to open space areas outside, but adjacent to the project site.
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The applicant shall be responsible for construction and funding of these
improvements.
N. TRANSPORTATION AND TRAFFIC
Increased Traffic Leading to Level of Service below Standard at Intersections.
1. Impact. The Project would add new trips to the existing roadway network,
as well as construct additional roadways and roadway improvements within and near
the site. The traffic impact analysis indicates that the Project would result in
significant traffic impacts at 11 intersections when project traffic is added to existing
conditions. New on -site and off -site circulation infrastructure would be developed as
the proposed project is constructed. The new circulation infrastructure would reduce
impacts, but some intersection impacts would remain.
The results of a traffic impact analysis that considered a scenario of developing
roundabouts at the intersections at Monterey Road /Buena Vista Avenue, Santa Teresa
Boulevard/Day Road West, and/or Wren Avenue /Buena Vista Avenue indicated that
these roundabouts could operate at unacceptable levels of service and could result in a
significant traffic impact.
2. Findings of Fact. The 2020 General Plan establishes level of service
standards for the city. For most locations in the city the acceptable level of service is
LOS C. The traffic analysis conducted for the draft EIR, based on the conceptual
development plans, determined that several locations would have levels of service
that do not meet the standard during the peak morning or afternoon hours when traffic
is heaviest. The traffic analysis also considered the optional construction of
roundabouts at several locations, and identified potential level of service deficiencies
for those. The traffic analysis preliminarily identified improvements that would
improve conditions to an acceptable level of service, to be confirmed by additional
traffic analysis. The final improvements will be required in the design of the specific
plan.
The City Council hereby finds that the following mitigation measures are feasible and
will effectively mitigate the identified significant adverse effects related to
subsequent development within the USA boundaries. City Council approval of a
specific plan is required prior to any development entitlements, and the provisions of
the mitigation measures are required to be incorporated into the specific plan.
3. Mitigation Measures.
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T -1. The specific plan shall include a traffic impact analysis based on final approved
project phasing that identifies the timing and responsibility for transportation
improvements necessary to maintain or attain acceptable levels of service at the
identified intersections. Specific plans shall require circulation improvement plans,
which shall be submitted with tentative map applications or similar discretionary
approvals processed within the specific plan. The improvement plans shall include an
implementation schedule tied to the phasing of the tentative map or other permit. The
following improvements have been identified as necessary to mitigate project - related
impacts.
1. Santa Teresa Boulevard and Fitzgerald Avenue: capacity enhancements and
traffic signal light modifications;
2. Monterey Road and Fitzgerald Avenue /Masten Avenue: capacity
enhancements and traffic signal lights;
3. U.S. Highway 101 Northbound Ramps /Masten Road: traffic signal lights;
4. Monterey Road/west leg of Buena Vista Avenue: traffic signal lights;
5. Wren Avenue /Ferrell Avenue: traffic signal lights;
6. Church Street/Farrell Avenue: traffic signal lights;
7. Wren Avenue /Mantelli Drive: traffic signal lights;
8. Church Street /Mantelli Drive: traffic signal lights;
9. Wren Avenue/Welburn Avenue: traffic signal lights; and
10. Monterey Road/Rucker Avenue: traffic signal lights.
T -2. The specific plan, if it proposes roundabouts at the Monterey Road/Buena Vista
Avenue, Santa Teresa Boulevard/Day Road West, and/or Wren Avenue /Buena Vista
Avenue intersections shall be consistent with the following requirements:
1. No roundabout shall be included at the Monterey Road /Buena Vista Avenue
intersection unless detailed traffic analysis indicates there is a functional
design. A signal light or a separated crossing is preferable at this location;
2. If the intersection of Santa Teresa Boulevard and Day Road West (Buena
Vista Avenue) is constructed as a roundabout, right -turn lanes (separate from
the circulating lanes) shall be included on all four approaches; and
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3. If the intersection of Wren Avenue and Buena Vista Avenue is constructed as
a roundabout, the roundabout shall have two lanes on all approaches to
provide adequate capacity for traffic movements.
Increased Traffic Leading to Level of Service below Standard at Freeway Segments.
1. Impact. Under the existing plus project scenario, two of the northbound
U.S. Highway 101 freeway segments between Tennant Avenue and Masten Avenue
would experience traffic increases in excess of the one percent threshold during the
AM peak hour. Based on Congestion Management Program criteria, these additional
traffic loads would be a significant impact. Because the impact is beyond the
jurisdiction of the City to mitigate, and no improvements are programmed for this
section of highway, this would be a significant and unavoidable impact. The City is
required to adopt a statement of overriding considerations to approve the Project.
2. Findings of Fact. The California Department of Transportation and Santa
Clara Valley Transportation Authority have adopted thresholds for traffic increases
on state highways within the congestion management program. The addition of traffic
representing one percent or greater of the existing volumes is considered significant.
Although the Project includes designs to reduce traffic generation, adding lanes
and /or other capacity to the highway is the only feasible solution to accommodate the
additional freeway traffic. The Santa Clara Valley Transportation Authority is
anticipated to construct express lanes on U.S. Highway 101, but only to the north of
Cochrane Road in Morgan Hill. No freeway improvements which would reduce
impacts to a less- than - significant level are planned on the section of U.S. Highway
101 between Tennant Avenue and Masten Avenue, where the Project would add
traffic of one percent or more. The City does not have the jurisdiction to approve or
construct improvements on the state highway system, and the Valley Transportation
Authority and Caltrans do not have improvements planned in the effected sections of
the highway. Therefore, there is no feasible mitigation and the impact is significant
and unavoidable.
3. Mitigation Measure. None feasible.
4. Statement of Overriding Considerations. See Section III below for
Statement of Overriding Considerations.
Transportation Hazard for Bicyclists.
1. Impact. At two major intersections with Monterey Road (Buena Vista
Avenue and Fitzgerald Avenue /Masten Avenue), grade separated intersections are
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proposed, which would reduce vehicle turning conflicts at these locations, and which
are likely to also include separated crossings of an expanded six -lane Monterey Road,
the existing railroad, and planned high speed railroad tracks. Two bicycle turning
movements would experience an increased hazard: the westbound left turn and
eastbound right turn from Monterey Road onto Buena Vista Avenue and Masten
Avenue, would require a three -lane merge into the left turn pocket on Monterey
Road. This is a potentially significant impact.
2. Findings of Fact. The City has adopted a complete streets policy which
directs the City to accommodate a variety of users on it streets. When grade- separated
crossings are constructed at Monterey Road and Buena Vista Avenue and Monterey
Road and Fitzgerald Avenue, most bicycle movements would be accommodated, but
special designs will be required in a few instances to eliminate the need for left turns
across multiple lanes.
The City Council hereby finds that the following mitigation measure is feasible and
will effectively mitigate the identified significant adverse effects related to
subsequent development within the USA boundaries. City Council approval of a
specific plan is required prior to any development entitlements, and the provisions of
the mitigation measure are required to be incorporated into the specific plan.
3. Mitigation Measure.
T -3. The specific plan shall include an alternative route for bicyclists making turns
from Monterey Road at Buena Vista Avenue and Masten Avenue /Fitzgerald Avenue.
Alternative routes could include:
class I bike paths on the east side of Monterey Road connecting to Buena
Vista Avenue and /or Fitzgerald Avenue;
a means for crossing Monterey Road without the need to merge to the left turn
lanes (for example, a crosswalk and on -demand signal light);
if direct eastbound access across the railroad tracks is eliminated at Masten
Avenue when the overpass is constructed, and is not eliminated at Rucker
Avenue (i.e. not severed by high speed railroad construction), provide route
signage along Monterey Road to direct bicyclists to reach eastbound Masten
Avenue via Rucker Avenue, and eastbound Buena Vista Avenue by an
alternate route, if available.
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On -site Emergency Access.
1. Impact. The Project could include gated communities, which could
impede access for emergency response vehicles.
2. Findings of Fact. Standard response times for fire and police vehicles are
predicated on free access on public streets. If private streets are gated, fire and police
response can be delayed. Fire and police can move quickly into gated areas if the
gates have the necessary provisions for rapid emergency access.
The City Council hereby finds that the following mitigation measures are feasible and
will effectively mitigate the identified significant adverse effects related to
subsequent development within the USA boundaries. City Council approval of a
specific plan is required prior to any development entitlements, and the provisions of
the mitigation measures are required to be incorporated into the specific plan.
3. Mitigation Measures.
F -1. The specific plan shall include a fire and emergency medical services plan,
which shall, based on final development and circulation plans and development
phasing, at a minimum address the following parameters for providing adequate fire
and emergency medical response within the project site:
■ response time study to confirm, based on circulation plans and phasing, the
ability for first unit and second unit responders to respond within nationally -
recognized response time standards, to all locations within the project site;
■ provisions for station expansion and /or continued mutual aid agreement with
the South Santa Clara County Fire District if response times or staffing
capabilities at the Sunrise Station and Las Animas Station cannot meet
nationally- recognized response time standards;
■ provisions that all gated communities include rapid access provisions for
emergency response personnel and their equipment, subject to the review and
approval of the City's Fire Marshal and Police Chief,
■ primary and secondary access provisions, tied to the phasing plan, to ensure
that timely access is available at all stages of development and at build out;
■ communications study to ensure that adequate inter - departmental and inter-
agency communications are ensured throughout the project site, and
provisions for new communications towers if needed;
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if an age- restricted community is proposed, the study shall include analysis of
emergency medical needs and ensure adequate response to that need; and
if building heights of more than three stories are permitted, provisions for the
funding of specialized response equipment and inclusion of additional life -
safety designs within and adjacent to buildings over three stories in height.
Developers shall be responsible for funding and creation of the fire and emergency
medical services plan. Provisions of the fire and emergency medical services plan
shall be enforced through inclusion of terms in development agreements for the
specific plan.
P -1. The specific plan shall include a police services needs analysis, and reserve a
location for a police substation, subject to approval of the Police Chief.
Off -site Emergency Access to Hospital.
1. Impact. Three preliminary designs for the proposed Buena Vista
Avenue/U.S. Highway 101 interchange would sever the connection from Buena Vista
Avenue to No Name Uno Road, which provides direct regional access to Saint Louse
Hospital. This would result a significantly longer route to the hospital and delays in
access. This is a potentially significant impact on emergency access.
2. Findings of Fact. Saint Louise Hospital is located east of U.S. Highway
101 near Buena Vista Avenue and accessed from the freeway via Buena Vista
Avenue and No Name Uno Road. The next nearest hospitals are in Watsonville and
San Jose. Efficient emergency access to the hospital is critical for persons in Gilroy
requiring emergency hospital care, and efficient access is not possible if the roads
from the Buena Vista Avenue freeway ramps do not connect to the hospital.
The City Council hereby finds that the following mitigation measure is feasible and
will effectively mitigate the identified significant adverse effects related to
subsequent development within the USA boundaries. Although the roads are under
California Department of Transportation and county jurisdiction, they are within the
City's 20 -year Growth Boundary, and the City will have influence over the designs.
Because of traffic implications from development within the site, the off -site
improvements are a requirement for preparation of the specific plan. City Council
approval of a specific plan is required prior to any development entitlements, and the
provisions of the mitigation measure are required to be incorporated into the specific
plan.
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3. Mitigation Measure.
T -4. The specific plan shall include a requirement that the improvement plans for the
Buena Vista Avenue/U.S. Highway 101 interchange preserve a direct street
connection between the south segment of No Name Uno Road and Buena Vista
Avenue to ensure an expedient access route to the hospital located on No Name Uno
Road.
Lack of Bicycle Parking.
1. Impact. The Project includes facilities intended to promote the use of
bicycles as a transportation mode, but the lack of bicycle parking requirements at
commercial and other non - residential destinations is a potentially significant impact.
2. Findings of Fact. The 2020 General Plan includes policies to promote the
use of bicycle and designating a network of bicycle travel facilities. Parking is
necessary to accommodate bicycles at destination points. Santa Clara Valley
Transportation Authority has established bicycle parking guidance in its Bicycle
Technical Guidelines.
The City Council hereby finds that the following mitigation measure is feasible and
will effectively mitigate the identified significant adverse effects related to
subsequent development within the USA boundaries. City Council approval of a
specific plan is required prior to any development entitlements, and the provisions of
the mitigation measure are required to be incorporated into the specific plan.
3. Mitigation Measure.
T -5. The specific plan shall include bicycle parking standards consistent with the
bicycle parking rates and bicycle parking facility designs in the Santa Clara Valley
Transportation Authority's Bicycle Technical Guidelines.
Conflict with 2020 General Plan Transportation Policy.
1. Impact. The Project is consistent with most of the 2020 General Plan
transportation policies. However conflicts with the following policies were identified
and would be a potentially significant impact: Policy 12.08 Level of Service, Policy
14.01 Non -Auto Modes of Travel, and Policy 14.04 Crossings.
2. Findings of Fact. The 2020 General Plan includes transportation policies
to allow for safe circulation without unreasonable delay to, from, and within the city
by various forms of transportation. Development of the site will include the
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construction of roads, sidewalks, and pathways for transportation, but heavy traffic
may result in delays, there may be a lack of bicycle parking, or bicycle and pedestrian
crossings of major streets may be unsafe. These deficiencies can be addressed with
additional traffic lanes, signal lights, bicycle parking requirements and street
crossings that eliminate dangers for bicyclists and pedestrians.
The City Council hereby finds that the following mitigation measures are feasible and
will effectively mitigate the identified significant adverse effects related to
subsequent development within the USA boundaries. City Council approval of a
specific plan is required prior to any development entitlements, and the provisions of
the mitigation measures are required to be incorporated into the specific plan.
3. Mitigation Measures.
T -1. The specific plan shall include a traffic impact analysis based on final approved
project phasing that identifies the timing and responsibility for transportation
improvements necessary to maintain or attain acceptable levels of service at the
identified intersections. Specific plans shall require circulation improvement plans,
which shall be submitted with tentative map applications or similar discretionary
approvals processed within the specific plan. The improvement plans shall include an
implementation schedule tied to the phasing of the tentative map or other permit. The
following improvements have been identified as necessary to mitigate project - related
impacts.
Santa Teresa Boulevard and Fitzgerald Avenue: capacity enhancements and
traffic signal light modifications;
2. Monterey Road and Fitzgerald Avenue /Masten Avenue: capacity
enhancements and traffic signal lights;
3. U.S. Highway 101 Northbound Ramps /Masten Road: traffic signal lights;
4. Monterey Road /west leg of Buena Vista Avenue: traffic signal lights;
5. Wren Avenue /Ferrell Avenue: traffic signal lights;
6. Church Street /Farrell Avenue: traffic signal lights;
7. Wren Avenue /Mantelli Drive: traffic signal lights;
8. Church Street/Mantelli Drive: traffic signal lights;
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9. Wren Avenue/Welburn Avenue: traffic signal lights; and
10. Monterey Road /Rucker Avenue: traffic signal lights.
T -2. The specific plan, if it proposes roundabouts at the Monterey Road/Buena Vista
Avenue, Santa Teresa Boulevard/Day Road West, and /or Wren Avenue /Buena Vista
Avenue intersections shall be consistent with the following requirements:
No roundabout shall be included at the Monterey Road/Buena Vista Avenue
intersection unless detailed traffic analysis indicates there is a functional
design. A signal light or a separated crossing is preferable at this location;
2. If the intersection of Santa Teresa Boulevard and Day Road West (Buena
Vista Avenue) is constructed as a roundabout, right -turn lanes (separate from
the circulating lanes) shall be included on all four approaches; and
3. If the intersection of Wren Avenue and Buena Vista Avenue is constructed as
a roundabout, the roundabout shall have two lanes on all approaches to
provide adequate capacity for traffic movements.
T -3. The specific plan shall include an alternative route for bicyclists making turns
from Monterey Road at Buena Vista Avenue and Masten Avenue /Fitzgerald Avenue.
Alternative routes could include:
class I bike paths on the east side of Monterey Road connecting to Buena
Vista Avenue and /or Fitzgerald Avenue;
a means for crossing Monterey Road without the need to merge to the left turn
lanes (for example, a crosswalk and on- demand signal light);
if direct eastbound access across the railroad tracks is eliminated at Masten
Avenue when the overpass is constructed, and is not eliminated at Rucker
Avenue (i.e. not severed by high speed railroad construction), provide route
signage along Monterey Road to direct bicyclists to reach eastbound Masten
Avenue via Rucker Avenue, and eastbound Buena Vista Avenue by an
alternate route, if available.
T -5. The specific plan shall include bicycle parking standards consistent with the
bicycle parking rates and bicycle parking facility designs in the Santa Clara Valley
Transportation Authority's Bicycle Technical Guidelines.
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Cumulative Level of Service Impacts at Stop - controlled Intersections.
1. Impact. Under cumulative conditions new trips would be added to the
existing roadway network. The traffic impact analysis indicates that the Project would
result in cumulatively considerable traffic impacts at five stop - controlled
intersections. This would be a significant cumulative impact.
2. Findings of Fact. The 2020 General Plan establishes level of service
standards for the city. For most locations in the city the acceptable level of service is
LOS C. The traffic analysis conducted for the draft EIR, based on the conceptual
development plans, determined that several locations would have levels of service
that do not meet the standard during the peak morning or afternoon hours when traffic
is heaviest. The traffic analysis also considered the optional construction of
roundabouts at several locations, and identified potential level of service deficiencies
for those. The traffic analysis preliminarily identified improvements that would
improve conditions to an acceptable level of service, to be confirmed by additional
traffic analysis. The final improvements will be required in the design of the specific
plan.
The City Council hereby finds that the following mitigation measure is feasible and
will effectively mitigate the identified significant adverse effects related to
subsequent development within the USA boundaries. City Council approval of a
specific plan is required prior to any development entitlements, and the provisions of
the mitigation measure are required to be incorporated into the specific plan.
3. Mitigation Measure.
T -6 (Cumulative). The specific plan shall include a supplemental traffic impact
analysis that identifies the timing and responsibility for transportation improvements
necessary to maintain or attain acceptable levels of service at the identified
intersections. Specific plans shall require circulation improvement plans, and off -site
circulation improvement plans, which shall be submitted with tentative map
applications or similar discretionary approvals processed within the specific plan. The
improvement plans and off -site improvement plans shall include an implementation
schedule tied to the phasing of the tentative map or other permit. The following
improvements have been identified as necessary to mitigate cumulative traffic
impacts for which the project has a cumulatively considerable contribution. Projects
shall participate in construction of the improvements and /or pay a pro -rata in -lieu fee
to cover their share of project responsibility as determined by the Public Works
Director.
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1. Church Street /Buena Vista Avenue: traffic signal lights
2 Wren Avenue /Cohansey Avenue: an additional southbound through lane, or
traffic signal lights;
3. Monterey Road /Rucker Avenue: traffic signal lights;
4. U.S. Highway 101 Southbound Ramps /San Martin Avenue: traffic signal
lights; and
5. U.S. Highway 101 Northbound Ramps /San Martin Avenue: traffic signal
lights.
Cumulative Level of Service Impacts at Roadway Segments.
1. Impact. The Project would add new trips to the existing roadway network,
which in combination with cumulative traffic could result in significant traffic
impacts at four roadway segments near the site. This is a potentially significant
cumulative impact.
2. Findings of Fact. The 2020 General Plan establishes level of service
standards for the city. For most locations in the city the acceptable level of service is
LOS C. The traffic analysis conducted for the draft EIR, based on the conceptual
development plans, determined that several locations would have levels of service
that do not meet the standard during the peak morning or afternoon hours when traffic
is heaviest. The traffic analysis also considered the optional construction of
roundabouts at several locations, and identified potential level of service deficiencies
for those. The traffic analysis preliminarily identified improvements that would
improve conditions to an acceptable level of service, to be confirmed by additional
traffic analysis. The final improvements will be required in the design of the specific
plan.
The City Council hereby finds that the following mitigation measure is feasible and
will effectively mitigate the identified significant adverse effects related to
subsequent development within the USA boundaries. City Council approval of a
specific plan is required prior to any development entitlements, and the provisions of
the mitigation measure are required to be incorporated into the specific plan.
3. Mitigation Measure.
T -7 (Cumulative). The specific plan shall include a supplemental traffic impact
analysis that identifies the timing and responsibility for transportation improvements
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necessary to maintain or attain acceptable levels of service at the identified roadway
segments. Specific plans shall require circulation improvement plans, and off -site
circulation improvement plans, which shall be submitted with tentative map
applications or similar discretionary approvals processed within the specific plan. The
improvement plans and off -site improvement plans shall include an implementation
schedule tied to the phasing of the tentative map or other permit. The following
improvements have been identified as necessary to mitigate cumulative traffic
impacts for which the project has a cumulatively considerable contribution. Projects
may participate in construction of the improvements and /or pay a pro -rata in -lieu fee
to cover their share of project responsibility as determined by the Public Works
Director.
Fitzgerald Avenue: Develop to County standards for a two -lane arterial street
with bicycle lanes on both sides, between Santa Teresa Boulevard and
Monterey Road. The south side shall include a sidewalk or pathway, and other
frontage improvements shall be as determined by the County in the context of
the San Martin Community Design Plan;
2. Masten Avenue: Develop to County standards for a rural four -lane arterial
with bicycle lanes on each side, between Monterey Road and No Name Uno
Road;
3. Monterey Road: Develop with three lanes in each direction with bicycle
facilities, and curbs, gutters, and sidewalks, adjacent to the project site; and
4. Santa Teresa Boulevard from Sunrise Drive to Fitzgerald Avenue: Develop
with two lanes in each direction with bicycle facilities, and curbs, gutters, and
sidewalks.
Improvement plans shall be submitted with tentative map applications or similar
discretionary approvals. Improvements shall be completed and accepted by the City
prior to initial occupancy. For improvements within County jurisdiction, the City
shall coordinate with the County to determine adequate implementation of the
improvements.
Increased Cumulative Traffic Volumes on Freeway Segments.
1. Impact. The Project would add new trips to the existing roadway network,
which in combination with cumulative traffic could result in significant traffic
impacts at freeway segments near the site. This is a significant and unavoidable
cumulative impact.
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2. Findings of Fact. The California Department of Transportation and Santa
Clara Valley Transportation Authority have adopted thresholds for traffic increases
on state highways within the congestion management program. The addition of traffic
representing one percent or greater of the existing volumes is considered significant.
Although the Project includes designs to reduce traffic generation, adding lanes
and/or other capacity to the highway is the only feasible solution to accommodate the
additional freeway traffic. The Santa Clara Valley Transportation Authority is
anticipated to construct express lanes on U.S. Highway 101, but only to the north of
Cochrane Road in Morgan Hill. No freeway improvements which would reduce
impacts to a less- than - significant level are planned on the section of U.S. Highway
101 between Tennant Avenue and Masten Avenue, where the Project would add
traffic of one percent or more. The City does not have the jurisdiction to approve or
construct improvements on the state highway system, and the Valley Transportation
Authority and Caltrans do not have improvements planned in the effected sections of
the highway. Therefore, there is no feasible mitigation and the impact is significant
and unavoidable.
3. Mitigation Measure. None feasible.
4. Statement of Overriding Considerations. See Section III below for
Statement of Overriding Considerations.
II. ALTERNATIVES
A. NO PROJECT ALTERNATIVE.
The No Project Alternative is a required alternative as stipulated by CEQA
Guidelines Section 15126.6(d). The No Project Alternative assumes no development
would occur within the project site for a period of 20 years or longer. The No Project
Alternative does not account for development that could occur elsewhere within the
city. The No Project alternative does not attain the project objectives. The City
Council finds that the No Project Alternative fails to meet Project objectives and is
not a feasible alternative to the Project.
B. NO PROJECT — INFILL DEVELOPMENT ALTERNATIVE
The No Project — Infill Development Alternative is similar to the No Project
Alternative in that no development would occur within the project site for a period of
20 years or more, but the No Project — Infill Development Alternative assesses at a
program level the development that is assumed to occur on vacant sites within the
existing USA. The No Project — Infill Development would meet overall city
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objectives by focusing the city's growth inward in accordance with several 2020
General Plan policies, but the existing vacant land would only provide adequate
capacity for growth over about half of the 20 -year period assumed by the alternative,
and would not attain the applicant's objectives. The City Council finds that the No
Project — Infill Development Alternative, although consistent with 2020 General Plan
policies directing growth inward, does not adequately accommodate the City's
growth, fails to meet Project objectives and is not a feasible alternative to the Project.
C. REDUCED AREA ALTENATIVE
The Reduced Area Alternative considers the relative environmental effects of
developing a reduced version of the project on the portion of the site south of the
Buena Vista Avenue /Day Road extension, and comprising about 325 acres, or about
45 percent the area of the project site. The Reduced Area Alternative area
corresponds to the southern of two Neighborhood Districts located north of Gilroy's
current USA boundary. The EIR alternatives analysis indicated that the Reduced Area
Alternative would rank as the environmentally superior alternative after the No
Project Alternative and that it would reduce impacts partly due to the reduction in
project size and partly due to a reduced likelihood of impacts occurring in the area
south of Day Road. Impact reductions related to both of these factors include air
quality (reduced vehicle trips and avoidance of part of the area affected by toxic air
contaminant emissions), hydrology and water quality (less area within flood zones,
less demand on groundwater), noise (fewer noise - sensitive land uses within the
heavily affected area along Monterey Road, reduced traffic noise at existing houses),
and transportation and traffic (reduced traffic volumes, eliminated overpass and new
interchange that affected emergency access and traffic hazards — these transportation
improvements are not necessary to serve the Reduced Area Alternative). Impact
reductions relating to location alone included aesthetics (scenic and gateway areas
outside alternative site), biological resources (most resources outside alternative site),
cultural resources (identified historic buildings outside alternative site), and geology
and soils (liquefaction area outside alternative site). An impact reduction exclusively
related to the project size is agricultural resources (number of acres lost).
The Reduced Area Alternative is consistent with the City's vision for development
within the Neighborhood Districts and for overall growth, but only partially achieves
the applicant's objectives (i.e. results in a reduced size active adult community, and a
smaller comprehensively planned area). The Reduced Area Alternative is comprised
of numerous smaller parcels under separate ownerships, which are not within the
applicant's control and which could be difficult to assemble; therefore the Reduced
Area Alternative does not promote or facilitate comprehensive planning for
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infrastructure, storm drainage, circulation, and schools to the level those benefits can
be realized on the entire 721 -acre project site. The smaller total number of parcels
makes financing of major infrastructure, such as completion of the Buena Vista
Avenue extension, more costly per capita, and the numerous ownerships of small
parcels makes formation of a community services district more difficult to attain,
especially in the absence of the large parcels north of Day Road that are under the
control of the applicant. Therefore, the Reduced Area Alternative may not be feasible
for the City from a fiscal standpoint due to ongoing costs for provision of services.
The City Council finds that the Reduced Area Alternative fails to meet some Project
objectives, is for the most part out of the control of the applicant, would present fiscal
hardships for the City compared to the Project, would result in less- comprehensive
planning for infrastructure, storm drainage, circulation, and schools, and is not a
feasible alternative to the Project.
D. REDUCED AREA PLUS THOMAS ROAD ALTERNATIVE
The Reduced Area Alternative Plus Thomas Road Alternative considers the relative
environmental effects of developing a reduced version of the project on the portion of
the site south of the Buena Vista Avenue extension, and an area to the south side of
the city, to achieve an alternative site closer in size to the project site, comprising
about 475 acres, or about 66 percent the area of the project site. The EIR alternatives
analysis indicated that the Reduced Area Plus Thomas Road Alternative ranked last in
terms of reducing environmental impacts. The Thomas Road site would have
increased biological resources impacts. The Reduced Area Plus Thomas Road
Alternative would attain most of the City's objectives and could attain many of the
applicant's objectives, although the applicant is not known to have control over the
alternative sites. The City Council finds that the Reduced Area Plus Thomas Road
Alternative would result in greater environmental impacts and is not a feasible
alternative.
III. STATEMENT OF OVERRIDING CONSIDERATIONS.
The Project would result in impacts relating to agricultural resources, noise, and
traffic that are considered significant and unavoidable, as outlined in Section 1.
Findings Concerning Significant Environmental Effects. CEQA Guidelines section
15093(a) requires the decision - making agency to balance, as applicable, the
economic, legal, social, technological, or other benefits of a project against its
unavoidable environmental risks when determining whether to approve the project. If
the specific economic, legal, social, technological, or other benefits of a project
outweigh the unavoidable adverse environmental effects, the adverse environmental
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effects may be considered "acceptable." CEQA Guidelines section 15093(b) states
that when the lead agency approves a project which will result in the occurrence of
significant effects which are identified in the final EIR but are not avoided or
substantially lessened, the agency shall state in writing the specific reasons to support
its action based on the final EIR and /or other information in the record. The statement
of overriding considerations shall be supported by substantial evidence in the record.
A. LOSS OF PRIME FARMLAND AND FARMLAND OF STATEWIDE
IMPORTANCE.
The City of Gilroy City Council hereby finds as follows:
The Strategies to Balance Planned Growth and Agricultural Viability was endorsed
by the City of Gilroy on September 23, 1996, LAFCO on October 9, 1996 and the
County Board of Supervisors on October 29, 1996, and the City adopted its
Agricultural Mitigation Policy based on this adopted set of strategies. The Strategies
to Balance Growth and Agricultural Viability focuses on large -scale agricultural areas
to the east and south of the city, and recognizes that urban development will occur
under the City's jurisdiction within the 20 -year Growth Boundary.
The site is located within the City's 20 -year Growth Boundary where future urban
development is expected under the 2020 General Plan's Neighborhood District land
use designation, and the site is not within the preferred agricultural preservation area
that is identified in the City's Agricultural Mitigation Policy.
The City Council recognizes that agricultural land within the 20 -year Growth
Boundary is an important resource to be preserved as long as feasible, and a
significant impact with regard to loss of agricultural resources will occur. The City
Council has adopted a feasible mitigation measure, Mitigation Measure AG -1, which
requires 1:1 compensation in furtherance of and consistent with the City's
Agricultural Mitigation Policy.
The City Council recognizes that implementation of Mitigation Measure AG -1 is the
only feasible mitigation measure available to the City, but that it will not fully
mitigate the loss of 450 acres of important farmland and that a significant and
unavoidable impact will remain.
The intention of the Neighborhood District land use designation is to provide a
predominately residential area served by convenient commercial services and public
facilities. The City supports inclusion of the 721 -acre site to allow for comprehensive
planning for land use, circulation, utilities, and storm water drainage.
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The City has an interest in maintaining enough land within its USA and city limits to
accommodate residential development in accordance with its residential development
ordinance. The process of amending the USA, annexing land to the city, and
preparing specific plans takes up to five years before development may begin.
Therefore, the USA amendment process must begin early to assure that an adequate
supply of land remains available in the future.
The City prepared a vacant land inventory in October 2015 and determined that the
remaining supply of vacant land within the USA will last 7.4 years (9.5 years if land
within the downtown area is included) from that time. The City will require
preparation of a specific plan in conjunction with annexation of the land. When these
processes are complete and development may begin, the City's remaining supply of
vacant land will be no greater than seven years and a little as two years.
The City Council finds that the proposal will have the following economic, legal,
social, technological, and other benefits, any one of which provides justification for
approval of the project despite the unavoidable impacts to agricultural resources:
1. Continued residential development will create construction jobs in the short-term,
and customers for local business in the long term.
2. The City will require that the specific plan include a phasing plan to preserve
agricultural land within the site as long as possible.
3. Subsequent development of the site will provide a direct east -west connection
between Monterey Road and Santa Teresa Boulevard, with the extension of Buena
Vista Avenue serving as a realignment of the existing eastern leg of Day Road, which
currently forms an indirect connection between Monterey Road and Santa Teresa
Boulevard. This roadway extension will improve circulation in northern Gilroy and
facilitate improved travel, fire response, and police response in the area.
4. Subsequent development of the site will extend the City's bicycle pathway
system, encourage alternative transportation, and ultimately contribute to reductions
in per capita vehicle miles traveled.
5. Subsequent development of the site will improve property values within the site
and increase tax revenues, and creation or extension of financing districts will protect
the City against fiscal shortfalls related to the development.
6. Subsequent development of the site will re- locate the West Branch Llagas Creek
channel within a 250 -foot wide parkway and alleviate flooding of adjacent property.
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7. The proposal will result in comprehensive planning that will facilitate formation
of a community facilities district that will allow the City to continue to provide the
desired level of services without the City incurring additional or increased operational
costs for those services.
Given the considerations cited above and based on the project record in its entirety,
incorporated herein by reference, the City Council, through its independent judgment,
has determined that economic, legal, social, technological, or other benefits of the
Project outweigh the unavoidable adverse environmental effects of the loss of
important agricultural land.
B. PROJECT DEVELOPMENT EXPOSURE TO NOISE LEVELS IN EXCESS OF
STANDARDS FROM ROADWAY TRAFFIC AND RAILROAD OPERATIONS.
The City of Gilroy City Council hereby finds as follows:
The 2020 General Plan establishes small town community character as an important
part of the City's vision for its future. As a part of achieving that vision, the City
Council adopted the Sound Attenuation Policy on May 3, 2004, which sets forth eight
methods for attenuating noise from traffic and other transportation sources.
Sound walls have been used in the past for attenuation of traffic noise and the City
has found the walls to have significant adverse effects on the community's visual
character, and hence, adverse social effects, including an impersonal tunnel -like
appearance to major streets, creation of streets on which it is uncomfortable to walk
or bicycle, and facilitation of graffiti. The disincentive to walking and bicycling
favors automobile travel, which further contributes to noise levels, as well as to air
pollution and greenhouse gas emissions.
In furtherance of the City's small town vision, the Sound Attenuation Policy
establishes that seven means of reducing noise at residences shall be employed before
sound walls are considered. These sound mitigation approaches are ranked in order of
preference: 1. Increase distance from adjacent roadway; 2. Building orientation that
protects the "Active living/recreation areas;" 3. Utilization of the natural topography;
4. Landscape buffering & screening; 5. Berms, both natural and man -made; 6. Berm
in combination with a low- profile wall; and, 7. Frontage road separation.
Under the Sound Attenuation Policy, when sound levels or projected sound levels
cannot be reduced to within the City's noise standards, sound walls may be used
subject to five conditions: 1. Eliminate any tunnel effect [long straight stretches
and/or cumulative projects]; 2. Protect existing view characteristics; 3. Landscape to
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buffer & screen solid walls, and to protect against potential graffiti; 4. Adhere to the
City's existing Consolidated Landscaping Policy; 5. Incorporate landscape elements
to maintain the aesthetic qualities and characteristics of the adjacent corridor.
Noise levels along major adjoining roads and near the existing Union Pacific railroad
tracks, as well as future noise levels associated with high speed railroad operations,
would exceed city residential exterior ambient noise standards, and could in some
cases exceed city commercial exterior ambient noise standards. Preliminary noise
study indicated that sound walls up to 15 feet tall could be required in some areas.
Mitigation Measure AES -1 requires preparation of a Landscaped Buffer and Corridor
Protection Plan along Santa Teresa Boulevard to include a minimum 50 -foot wide
landscaped buffer with the intent being to screen views of residential development
and sound walls (if required) and filter views of commercial uses.
Mitigation Measure AES -2 requires a Landscaped Buffer and Corridor Protection
Plan along Fitzgerald Avenue to include a minimum 50 -foot wide landscaped buffer
with the intent being to screen views of residential development and sound walls (if
required) and filter views of commercial uses.
Mitigation Measure N -1 requires noise mitigation plans for residential development
within the following locations, based on results of noise measurements and modeling
of future noise levels: within 1,000 feet of the Monterey Road centerline, 300 feet of
the Fitzgerald Avenue centerline, 375 feet of the Santa Teresa Boulevard centerline
north of Day Road, 100 feet of the centerline of Santa Teresa Boulevard south of Day
Road, or 250 feet of the centerline of Wren Avenue. If exterior noise standards cannot
be met, architectural measures are required to reduce interior noise levels to no
greater than 45 dBA Ldn. Sound walls no taller than seven feet may be used to
control noise after other approaches have been used.
Although all mitigation measures and City Sound Mitigation Policy requirements
have been incorporated into the parameters for future specific plan designs for the
site, there remains a possibility that some residential lots within the site would
experience ambient exterior noise levels that at some times would exceed the City's
standards.
Mitigation measures adopted by the City will reduce most exterior ambient residential
noise levels to an acceptable level and will reduce all interior ambient residential
noise levels to an acceptable level.
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The City Council finds that the proposal will have the following economic, legal,
social, technological, and other benefits, any one of which provides justification for
approval of the project despite the unavoidable impacts:
1. The reduced reliance on sound walls to attenuate noise for subsequent
development will result in a more attractive streetscape, encourage active use of the
street frontage areas, and reduce graffiti.
2. Subsequent development will result in encouragement of walking and bicycling,
by making the street environment more amendable to these activities, will lead to
reductions in air pollutant and greenhouse gas emissions from automobiles.
3. Subsequent development of attractive streetscapes will enhance property values
and make Gilroy a more attractive location for residents and businesses.
4. The proposal will result in comprehensive planning that will facilitate formation
of a community facilities district that will allow the City to continue to provide the
desired level of services without the City incurring additional or increased operational
costs for those services.
Given the considerations cited above and based on the project record in its entirety,
incorporated herein by reference, the City Council, through its independent judgment,
has determined that economic, legal, social, technological, or other benefits of the
Project outweigh the unavoidable adverse environmental effects of the potential for
ambient noise levels in excess of standards.
C. CUMULATIVE OFF -SITE NOISE LEVELS AT EXISTING RESIDENCES.
The City of Gilroy City Council hereby finds as follows:
The City and County have adopted exterior ambient noise standards for residential
areas, with a normally acceptable day -night averaged ambient noise level maximum
of 60 dBA Ldn. With typical residential construction this exterior ambient noise level
results in an interior ambient noise level of about 45 dBA Ldn which is considered to
be the normally acceptable day -night averaged ambient noise level for residential
interiors.
Traffic from the Project would use roads in both the city limits and in unincorporated
county territory, and existing houses are located in proximity to several of those
roads. In several locations, noise from the Project traffic and cumulative traffic
increases will result in exterior ambient noise levels in excess of 60 dBA Ldn at
existing houses.
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Sound attenuation walls between the street and these houses would reduce noise
levels to an acceptable level. Sound walls in the front yards of houses in
neighborhoods are not acceptable to most residents and are contrary to the City's
Sound Attenuation Policy. Sound walls in front yards result in an impersonal tunnel-
like appearance to the streets on which they front, create streets on which it is
uncomfortable to walk or bicycle, facilitate graffiti, and prevent social interactions
within neighborhoods. Therefore, sound walls are not a feasible mitigation for the
adverse effect of increased traffic noise at most of the existing houses. Sound walls
may be a feasible mitigation in some rural settings.
Increased setbacks are not a feasible mitigation because re- location of houses would
be disruptive to residents and expensive, and relocation of the streets to create an
adequate separation from the existing houses would require acquisition of additional
right -of -way. In some locations additional right -of -way is not available because both
sides of the street are already developed. Additionally, the acquisition of additional
right of way is expensive and may involve the relocation of underground and above
ground utilities and reconfiguration of intersections and other infrastructure.
Mitigation Measure N -5 requires a site - specific noise study for road widening on
Masten Avenue or Buena Vista Avenue to determine the noise levels at houses within
350 feet of the right -of -way. A program is required to be funded by the developer to
upgrade houses or install noise barriers where feasible to reduce noise levels.
Mitigation Measure N -6 requires a site - specific noise study to determine the noise
levels at houses on Wren Avenue south of Ferrell Avenue and north of Mantelli
Drive. A program is required to be funded by the developer to upgrade houses to
reduce noise levels.
Mitigation Measure N -5 and Mitigation N -6 call from improvements on private
property not in the control of Project developers, the City, or the County. Although
Project developers would pay all upgrades costs, the individual home owners would
need to participate in the program for it to be fully effective in mitigating noise, and
participation by home owners would be optional. Therefore, the mitigation measure
cannot be certain to fully mitigate the impact.
The City Council finds that the proposal will have the following economic, legal,
social, technological, and other benefits, any one of which provides justification for
approval of the project despite the unavoidable impacts:
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1. The reduced reliance on sound walls to attenuate noise for subsequent
development will result in a more attractive streetscape, encourage active use of the
street frontage areas, and reduce graffiti.
2. Subsequent development will result in encouragement of walking and bicycling,
by making the street environment more amendable to these activities, will lead to
reductions in air pollutant and greenhouse gas emissions from automobiles.
3. Subsequent development of attractive streetscapes will enhance property values
and make Gilroy a more attractive location for residents and businesses.
4. The proposal will result in comprehensive planning that will facilitate formation
of a community facilities district that will allow the City to continue to provide the
desired level of services without the City incurring additional or increased operational
costs for those services.
Given the considerations cited above and based on the project record in its entirety,
incorporated herein by reference, the City Council, through its independent judgment,
has determined that economic, legal, social, technological, or other benefits of the
Project outweigh the unavoidable adverse environmental effects of the potential for
increased noise levels at existing houses in excess of standards.
D. INCREASED TRAFFIC LEADING TO LEVEL OF SERVICE BELOW
STANDARD AT FREEWAY SEGMENTS.
The City of Gilroy City Council hereby finds as follows:
The California Department of Transportation and Santa Clara Valley Transportation
Authority have adopted thresholds for traffic increases on state highways within the
congestion management program. The addition of traffic representing one percent or
greater of the existing volumes is considered significant.
Project traffic would contribute to increases in traffic on northbound U.S. Highway
101 between Masten Avenue and Tennant Avenue that would exceed one percent of
current traffic during the morning peak use hours.
The Project includes designs to reduce traffic generation, including a network of
bicycle trails, sidewalks, a pedestrian paseo, facilitation of transit routes, and co-
location of neighborhood commercial uses and high density residential uses.
Regional economic forces result in significant commuting from Gilroy to job
locations to the north. Daily train and bus service is available from Gilroy to locations
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in San Jose and north, but train and bus service is not feasible as a replacement for
automobile commutes to many job locations.
Adding lanes and/or other capacity to the highway is the only feasible solution to
accommodate the additional freeway traffic. The Santa Clara Valley Transportation
Authority is anticipated to construct express lanes on U.S. Highway 101, but only to
the north of Cochrane Road in Morgan Hill. No freeway improvements which would
reduce impacts to a less - than- significant level are planned on the section of U.S.
Highway 101 between Masten Avenue and Tennant Avenue.
The City does not have the jurisdiction to approve or construct improvements on the
state highway system, and the Valley Transportation Authority and Caltrans do not
have improvements planned in the effected sections of the highway.
The City Council finds that the proposal will have the following economic, legal,
social, technological, and other benefits, any one of which provides justification for
approval of the project despite the unavoidable impacts:
1. Continued residential development will create construction jobs in the short term,
and customers for local business in the long term.
2. Subsequent development of the site will provide a direct east -west connection
between Monterey Road and Santa Teresa Boulevard, with the extension of Buena
Vista Avenue serving as a realignment of the existing eastern leg of Day Road, which
currently forms an indirect connection between Monterey Road and Santa Teresa
Boulevard. This roadway extension will improve circulation in northern Gilroy and
facilitate improved travel, fire response, and police response in the area.
3. Subsequent development of the site will extend the City's bicycle pathway
system, encourage alternative transportation, and ultimately contribute to reductions
in per capita vehicle miles traveled.
4. Subsequent development of the site will improve property values within the site
and increase tax revenues, and creation or extension of financing districts will protect
the City against fiscal shortfalls related to the development.
5. Subsequent development of the site will re- locate the West Branch Llagas Creek
channel within a 250 -foot wide parkway and alleviate flooding of adjacent property.
6. The proposal will result in comprehensive planning that will facilitate formation
of a community facilities district that will allow the City to continue to provide the
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desired level of services without the City incurring additional or increased operational
costs for those services.
Given the considerations cited above and based on the project record in its entirety,
incorporated herein by reference, the City Council, through its independent judgment,
has determined that economic, legal, social, technological, or other benefits of the
Project outweigh the unavoidable adverse environmental effects of increased traffic
on U.S. Highway 101.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GILROY AS FOLLOWS:
1. The City Council does hereby attest that the Final EIR has been completed in compliance
with CEQA; that the City Council has independently reviewed and analyzed the Final
EIR and other information in the record and has considered the information contained
therein, including the written and oral comments received at the public hearings on the
Final EIR and on the Project, prior to acting upon or approving the Project; and the City
Council has found that the Final EIR represents the independent judgment and analysis of
the City of Gilroy as Lead Agency for the Project.
2. The City Council does hereby adopt the foregoing findings and statement of overriding
considerations. The findings set forth above are made by this City Council as the City's
findings under CEQA relating to the Project. The findings provide the written analysis
and conclusions of the City Council regarding environmental impacts, mitigation
measures and alternatives related to the development within the Project site.
The City Council hereby adopts the mitigation measures in the Final EIR and
incorporated herein by reference.
4. The City Council hereby adopts the Mitigation Monitoring Program for the Project
presented in the Final EIR and incorporated herein by reference.
5. The City Council hereby finds and recognizes that the Final EIR contains additions,
clarifications, modifications and other information in its responses to comments on the
Draft EIR for the Project, and also incorporates information obtained by the City since
the Draft EIR was issued. This City Council hereby finds and determines that such
changes and additional information are not significant new information as that term is
defined under the provisions of CEQA, because such changes and additional information
do not indicate that any new significant environmental impacts not already evaluated
would result from development within the Project site 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
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proposed that would lessen significant environmental impacts of development within the
Project site; and no feasible alternatives considerably different from those analyzed in the
Draft EIR have been proposed that would lessen significant environmental impacts of the
development. Accordingly, the 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 Council does hereby designate the City Clerk's Office of the City of Gilroy, at
7351 Rosanna Street, Gilroy, California 95020, as the location and custodian of
documents and the record of proceedings on which the decision to approve the Project is
based.
7. The North Gilroy Neighborhood Districts Urban Service Area Amendment
Environmental Impact Report was completed in compliance with the California
Environmental Quality Act, and contains adequate analysis to support approval of the
Project.
PASSED AND ADOPTED this 7`h day of December 2015 by the following roll call vote:
AYES: COUNCILMEMBERS: AULMAN, LEROE- MUNOZ,
WOODWARD and GAGE
NOES: COUNCILMEMBERS: BRACCO, TUCKER, VELASCO
ABSENT: COUNCILMEMBERS: NONE
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APPROVED:
Donald F. Gage, M or
RESOLUTION NO. 2015-63
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2015 -63 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 7`h day of December, 2015 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 8h day of December, 2015.
(ha Freels, MMC
Clerk of the City of Gilroy
(Seal)