2010-001-Certify Environmental Impact Report - Library ArchitectureRESOLUTION 2010-001
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT AND MAHING
CERTAIN FINDINGS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT IN CONNECTION WITH PD-09-O1, GP-09-O1, 5-09-58 AND EIR-09-02
FOR A PROJECT TO CONSTRUCT A LIBRARY TO BE LOCATED AT VILLA
AVENUE AND FIESTA WAY
WHEREAS:
A. The Town with the financial assistance of its redevelopment agency proposes to
construct a 30,000 square foot library to be located at Villa Avenue and Fiesta Way in the Town (the
"Library Project"). The Library Project includes Planned Development Application PD-09-01,
General Plan Application GP-09-O1, Architecture & Site Application 5-09-58, and Environmental
Impact Report EIR-09-02.
B. Pursuant to the California Environmental Quality Act and the implementing
Guidelines adopted therefor ("CEQA"), the Town prepared an Environmental Impact Report ("EIR")
to .analyze potential impacts associated with the Library Project.
C. The- Town Council intends to approve the Library Project.
D. CEQA requires that, in connection with the approval of a project for which an EIR
has been prepared which identifies one or more significant environmental effects, the decision-
making agency certify the Final EIR and make certain findings regarding the effects identified.
E. The Planning Commission held a duly noticed public hearing on January 6, 2010, at
which time the Commission considered the public testimony, the staff report prepared to that
meeting ("Staff Report"), and all other documentation -related to the Library Project, and
recommended that the Town Council approve said Library Project.
F. The Town Council held a duly noticed public hearing on January 11, 2010, at which
time the Town Council considered the public testimony, the Staff Report, afollow-up staff report
prepared for purposes of that meeting and all other documentation related to the Library Project.
RESOLVED:
1. The findings and recommendations set forth herein are made by the Town Council as
the Town's findings pursuant to CEQA relating to the Library Project. The findings provide the
written analysis and conclusions of the Town Council regarding the Library Project's envirorunental
impacts, mitigation measures and alternatives to the Library Project.
2. The Town Council finds that it reviewed and analyzed the Final EIR and other
information in the record and had considered the information contained therein, including the written
and oral comments received at the public meetings on the Final EIR, prior to acting upon or
approving the Final EIR, and that the Final EIR represents the independent judgment of the Town.
The Mitigation and Monitoring Plan for the Library Project (the "Plan") is attached to
this Resolution as Exhibit "A" and is incorporated herein and adopted as part of this Resolution. The
Plan identifies impacts of the Library Project and corresponding mitigation measures and designates
responsibility for mitigation implementation and the agency responsible for the monitoring action.
4. The Town Council-does hereby adopt the mitigation measures in the EIR as set forth
or modified herein as conditions of the Library Project.
5. The Town Council does hereby make the foregoing findings with respect to the
significant effects on the environment of the Library Project based on facts within the administrative
record as a whole, and as identified in the Final EIR, with the stipulation that all information in these
findings is intended as a summary of the entire record supporting the Final EIR. Any mitigation
measures and/or alternatives that were suggested by persons or organizations commenting on the
draft EIR and not adopted as part of the Final EIR are hereby expressly rej ected for the reasons stated
in the responses to the comments set forth in the Final EIR and in the record.
6. Except as set forth below regarding significant unavoidable adverse impacts, the
Town Council hereby incorporates herein and adopts as part of this Resolution the summary and
descriptions of effects found not to be significant or those with potential impacts reduced to a less-
than-significant level due to the incorporation of mitigation measures as summarized in Table 2-1, at
pages 2-2 through 2-6, of the Final EIR and described in Chapter 5.1, at pages 5-1 though S-3, of the
Final EIR, and finds that those effects are not significant.
7. An EIR must describe a range of reasonable alternatives to the Library Project, or the
location of the Library Project, which would feasibly obtain most of the basic objectives of the
Library Project, but would avoid or substantially lessen any of the significant environmental effects
of the Library Project, and evaluate the comparative merits of the alternatives. Even if a Library
Project alternative will avoid or substantially lessen any of the significant environmental effects of
the Library Project, the decision-maker may reject the alternative if it determines that specific
considerations make the alternative infeasible. The Town finds that the alternatives identified in the
Final EIR as environmentally superior are infeasible for the reasons described below.
A. No Project Alternative (No Development
Under this alternative, the Library Proj ect site would remain developed with the existing houses on
Fiesta and Villa remaining in place and in the current uses. This no Project alternative would avoid
all the environmental impacts of the Library Project, but would not provide any of the benefits
associated with the Library Project. This no Project alternative would fail to satisfy the following
Project objectives:
Provide a library facility that will accommodate library services to meet the
educational and informational needs of the community.
Build a new library facility that will be efficient, flexible and expandable to
accommodate the changing informational and educational needs of the
community.
Construct a new two-story library facility with associated parking near a
repositioned Fiesta Way, to the southeast of Town Hall.
Provide much-needed space for current and future community needs.
Realign Fiesta Way at the perimeter of the site rather than through it.
Enhance access to Pageant Park.
Provide sufficient parking spaces to accommodate operations of the new
library and on-going Civic Center activities:
Provide public services to the community in an efficient and cost-effective
manner.
Focus on this site as the "heart of the community," with opportunities to
gather, celebrate, and learn as well as to receive municipal services.
Meet the goal of the General Plan for library services to provide facilities
which accommodate new technology, which is challenged by the existing 45-
year old library facility, which would require major upgrades.
Based on the foregoing, the Town Council finds that this alternative is not a feasible alternative to
the Library Project and that the Library Project is preferable to this alternative based on the
overriding considerations set forth below.
B. Off-Site Alternatives
Under this alternative, the existing library facility would be supplemented by the development of a
branch facility at an as yet unidentified location. The Library Project site would remain developed
with the existing houses on Fiesta and Villa remaining in place and in the. current uses. Section
15126.6(a) of the CEQA guidelines requires that the evaluation of alternatives to a prof ect "would
feasibly attain most of the basic objectives of he project but would avoid or substantially lessen any
of the significant effects of the project." This Off-site alternative would avoid all the enviromnental
impacts associated with the Library Proj ect site, but would likely result in new impacts that cannot be
analyzed without identification and analysis of the new site. The Off-site alternative would not
provide many of the benefits associated with the Library Project, specifically those associated with
the Los Gatos Civic Center and Library Strategic Master Plan, including the following objectives:
Construct a new two-story library facility with associated parking near a
repositioned Fiesta Way, to the southeast of Town Hall.
Provide much-needed space for current and future community needs.
Realign Fiesta Way at the perimeter of the site rather than through it.
Enhance access to Pageant Park.
Provide sufficient parking spaces to accommodate operations of the new
library and on-going Civic Center activities.
Provide public services to the community in an efficient and cost-effective
manner.
Focus on this site as the "heart of the community," with opportunities to
gather, celebrate, and learn as well as to receive municipal services.
The Civic Center and Library Strategic Master Plan fulfilled the implementation strategy of the
General Plan's Human Services Element to attain Goal HS.G.5.1 requiring upgrading and expansion
of the "Los Gatos Library facility." Furthermore, it is unclear whether an off-site location is
economically feasible. The Town owns the Library Project site, but would likely be required to
acquire property for an off-site location. The costs of acquisition and construction on an as yet
unidentified site cannot be determined. Also, the costs associated with operating two library
facilities as opposed to a single facility have not been determined. Based on the foregoing, the Town
Council finds that this alternative is not a feasible alternative to the Library Project and that the
Library Project is preferable to this alternative based on the overriding considerations set forth
below.
C. Modified Design Alternative A
This alternative would relocate the library to a site adjacent to the front lawn of the Civic Center in
the area of existing parking, a site that is more visible to Main Street, but would likely require
development of replacement parking behind the structure in the current location of Fiesta Way and
the two houses located on Fiesta Way. This alternative attains most of the stated objectives of the
Master Plan, but would not avoid the need to relocate the potentially historic structure at l7 Fiesta
Way. While this alternative would reduce biological impacts associated with the Library Project site,
it would introduce the following new significant impacts:
Aesthetics.
Public safety due to proximity of the Berrocal Fault.
Increased traffic, parking, and air quality impacts due to the longer
construction period.
Greater temporary loss of parking.
This alternative would likely not avoid the impact associated with the relocation of 17 Fiesta Way.
When compared with the Library Project site, the reduction in significant enviromnental effects
would not offset new significant impacts associated with this alternative. Based on the foregoing,
the Town Council finds that this alternative is not a feasible alternative to the Library Project and
that the Library Project is preferable to this alternative based on the overriding considerations set
forth below.
D. Modified Design Alternative B
This alternative essentially replicates key elements of the library plan and location included in the
Los Gatos Civic Center and Library Strategic Master Plan. It would reorient the project by 90
degrees and locates the new building adjacent to the Town Hall, using the area presently serving as
parking lots and Villa Avenue right-of--way. Parking would be provided in an underground garage
that extends the length of the building footprint along Fiesta Way. The library would remain a two-
story buidlign with access from Fiesta Way, which would retain its current intersection with Villa
Avenue. This alternative would preserve the two residential structures at 17 and 25 Fiesta Way and
possibly 108. Villa Avenue. While this alternative would avoid the significant and unavoidable
historic impact on 17 Fiesta Way and would reduce biological impacts associated with the removal
of trees, it would introduce the following new impacts associated with construction of underground
parking:
Erosion Hazards.
Temporary increases in truck haul traffic.
Greater temporary parking impacts on Civic Center parking.
Greater air pollutant and greenhouse gas emissions.
While this alternative would eliminate the significant and unavoidable historic impact potentially
resulting from the relocation of 17 Fiesta Way, it would also increase the cost of the project by
approximately $5 million, the estimated additional cost associated with developing sub-grade
parking. Additional funds are not available to accommodate a design that includes sub-grade
parking. Consequently, this alternative is financially infeasible. Based on the foregoing, the Town
Council finds that this alternative is not a feasible alternative to the Library Project and that the
Library Project is preferable to this alternative based on the overriding considerations set forth
below.
E. Civic Center and Library Strategic Master Plan Alternative
This alternative considers a library as envisioned in the Master Plan that would include development
of a new 39,821 square foot structure and approximately 28,566 square feet of underground parking,
and a partial relocation of Fiesta Way. The environmental impacts associated with this larger
alternative would be similar in nature, but likely greater in magnitude than those associated with the
Library Project. This alternative offers no reductions in potentially significant impacts. Based on the
foregoing, the Town Council finds that this alternative is not a feasible alternative to the Library
Project and that the Library Project is preferable to this alternative based on the overriding
considerations set forth below.
8. The Final EIR identifies at Chapter 5.2 a single unavoidable adverse impact that
would result in the event a permanent location for the relocation of 17 Fiesta Way were not .
determined upon commencement of the Library Project so that the performance standards for the
relocation of the structure would not be met as of that time. After review of the entire administrative
record, including the Final EIR, the staff report, and the oral and written testimony and evidence
presented at public hearings, the Town Council finds, pursuant to CEQA section 21081 (b) and
CEQA Guidelines section 15093, that specific economic, legal, social, technological and other
benefits of the Library Project outweigh the Library Project's unavoidable adverse environmental
impacts and the Town Council finds that the significant and unavoidable adverse impacts are
acceptable in light of the Library Project's benefits. The Town Council further finds that, in the
event it is determined that the mitigation measures identified in the Final EIR above do not reduce
the significant environmental impacts identified and analyzed in the Final EIR to a less-than-
significant level, the benefits described below outweigh any and all potential adverse impacts of the
Library Project. The Town Council adopts and makes this Statement of Overriding Considerations
regarding the significant unavoidable impacts of the Library Project and the anticipated benefits of
the Library Project. The Town Council finds that each of the benefits set forth below in this
Statement of Overriding Considerations constitutes a separate and independent ground for finding
that the benefits of the Library Project outweigh the risks of its potential significant adverse
environmental impacts. The benefits of the Library Proj ect, which constitute the specific economic,
legal, social, technological and other considerations that justify the approval of the Library Project,
are set forth below:
A. The Library Project will provide a library facility that will accommodate
library services to meet the educational and informational needs of the community.
B. The Library Project will build a new library facility that will be efficient,
flexible and expandable to accommodate the changing informational and educational needs of the
community.
C. The Library Proj ect will meet the goal of the General Plan for library services
to provide facilities which accommodate new technology, which is challenged by the existing 45-
year old library facility, which would require major upgrades.
D. The Library Project will meet the goals of the Los Gatos Civic Center and
Library Strategic Master Plan to construct a new two-story library facility with associated parking
near a respositioned Fiesta Way, to the southeast of Town Hall.
E. The Library Project will provide much-needed space for current and future
community needs.
F. The Library Proj ect will protect the majority of significant trees located on the
project site.
G. The Library Project will enhance access to Pageant Park.
H. , The Library Project will retain extensive open, green space at the front of the
Civic Center.
I. The Library Project will provide sufficient parking spaces to accommodate
operations fo the new library and on-going Civic Center Activities.
J. The Library Project will provide public services to the commmunity in an
efficient and cost-effective manner.
K. The Library Project will focus on this site as the "heart of the community,"
with opportunities to gather, celebrate, and learn, as well as to receive municipal services.
9. Based on the foregoing, the Town Council hereby certifies that the Final EIR has been
completed in compliance with CEQA, that the Final EIR was presented to the Town Council as the
final decision- making body, which reviewed and considered the information contained in the Final
EIR prior to approving the Library Project, and that the Final EIR reflects the independent judgment
of the Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California held on the 11th day of January, 2010, by the following vote:
COUNCIL MEMBERS:
AYES: Joe Pirzynski, Steve Rice, Barbara Spector, Mike Wasserman and Mayor Diane McNutt
NAYS:
ABSENT:
ABSTAIN:
ATTEST: /
L ~ > ~~~
~~.-;~.
C '' OF THE TOWN OF LOS GATOS
LOS ATOS, CALIFORNIA
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Chapter 8 Appendices
Appendix I
Mitigation Monitoring Plan
EXHIBIT A
Los GATOS LIBRARY EIR 7-10 DECEMBER 2009
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