1991-247-Making Findings As To The Final Environmental Impact Report For The Redevelopment Project And Approving A Mitigation Monitoring ProgramRESOLUTION 1991 -247
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
MAKING FINDINGS AS TO THE FINAL ENVIRONMENTAL
IMPACT REPORT FOR THE REDEVELOPMENT PLAN FOR THE
CENTRAL LOS GATOS REDEVELOPMENT PROJECT AND APPROVING
A MITIGATION MONITORING PROGRAM
WHEREAS, the Redevelopment Agency of the Town of Los Gatos (the "Agency ")
has prepared and submitted to the Town Council of the Town of Los Gatos (the "Town
Council') a proposed Redevelopment Plan (the "Plan ") for the Central Los Gatos
Redevelopment Project (the 'Project ") which would establish a redevelopment project area
(the "Project Area ") to upgrade or build new public improvements and assist private
residential and commercial rehabilitation and development within the project area; and
WHEREAS, as environmental impact report (the "EIR ") on the Plan was prepared
by the Agency pursuant to the California Environmental Quality Act (Public Resources
Code Section 21000 et sec.), the Guidelines of Implementation of the California
Environmental Quality Act (14 Cal. Code Regs. Section 15000 et seq., hereinafter the "State
CEQA Guidelines ") and local procedures adopted by the Town pursuant thereto; and
WHEREAS, a Notice of Completion of the Draft EIR was filed with the Office of
Planning and Research on June 11, 1991, and a public notice of the availability of the Draft
EIR was published in the Los Gatos Weekly -Times on June 19, 1991; and
WHEREAS, copies of the Draft EIR were distributed to the State Clearinghouse and
to those public agencies which have jurisdiction by law with respect to the Project and to
other interested persons and agencies, and the comments of such persons and agencies were
sought; and
WHEREAS, the Draft EIR was thereafter revised and supplemented to adopt
changes suggested, to incorporate comments received and the Agency's response to said
comments, and as so revised and supplemented, a Final EIR was prepared and submitted
to the Town Council; and
RDV\resos \monitor.tc
WHEREAS, a joint public hearing was held by the Agency and the Town Council on
November 12, 1991, on the Plan and the Final EIR relating thereto, following notice duly
and regularly given as required by law, and all interested persons expressing a desire to
comment thereon or object thereto having been heard, and said Final EIR and all
comments and responses thereto having been considered;
RESOLVED:
Section 1. The Town Council has evaluated all comments, written and oral,
received from persons who have reviewed the Draft EIR.
Section 2. The Town Council hereby makes the written findings set forth in
Exhibit A, attached hereto and incorporated by reference herein, for each of the significant
effects set forth in said Exhibit A, and further approves the statements of facts set forth in
said Exhibit A. Based on such findings and statements of facts, the Town Council hereby
finds that significant environmental effects have been reduced to an acceptable level in that
all significant environmental effects have been eliminated or substantially lessened. Based
on the foregoing, the Town Council finds and determines that the Plan will not have a
significant effect upon the environment.
Section 3. The Town Council hereby approves and adopts as a Mitigation
Monitoring Program those monitoring actions set forth in Exhibit A to monitor the changes
or alterations that have been required in, or incorporated into, the Project in order to
mitigate or substantially lessen those significant environmental effects identified in
Exhibit A.
Section 4. Upon approval and adoption of the Plan by the Town Council, the
Town Clerk is hereby directed to file a Notice of Determination on the Final EIR with the
County Clerk of Santa Clara County and the Office of Planning and Research pursuant to
the provisions of Section 15096(1) of the State CEQA Guidelines.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 18th day of November, 1991, by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, and Mayor Eric D.
Carlson
NAYS: None
ABSENT: None
ABSTAIN: Brent N. Ventura
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OS GATOS
LOS GATOS, CALIFORNIA
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EXHIBIT A
DESCRIPTION OF SIGNIFICANT EFFECT:
A. Earth (Geology and Soils) Seismic
1. All buildings and structures either constructed or modified under the
Redevelopment Project could be subject to failure from seismic shaking.
a. The Town Council finds that as to such significant effect identified
above:
Changes or alterations have been required in, or incorporated into, the
project which avoid or substantially lessen the significant environmental
effects thereof as identified in the Final EIR.
b. The facts supporting such finding are as follows:
The policies and implementation measures of the Seismic Safety
Element, Ordinance No. 1800, Ordinance No. 1811 along with all
recent information from the Loma Prieta earthquake, shall be applied
during the project review and construction phase of buildings and
structures in the Redevelopment Project area.
Projects shall be designed to avoid structural failure that could result
in property damage and loss of life. The design and construction of
any buildings and structures shall consider the geotechnical report and
the probability of high lateral forces induced by the anticipated ground
shaking at the site. Projects shall be designed by qualified design
professionals.
Site specific geotechnical reports for all buildings and structures in the
Redevelopment Project area shall be prepared by a Certified
Engineering Geologist.
C. This finding is supported by substantial evidence in the record of the
proceedings before the Town Council.
d. Monitoring Actions:
The Director of Building Services shall ensure that all building plans
comply with the mitigation measures described in Section b. above
prior to the issuance of a Building Permit.
EXHIBIT A
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B. Air Ouality
1. All Redevelopment Project improvements could result in demolition,
excavation, clearing and /or construction activities that temporarily create dust
that would be a nuisance for neighboring properties.
a. The Town Council finds that as to such significant effect identified
above:
Changes or alterations have been required in, or incorporated into, the
project which avoid or substantially lessen the significant environmental
effects thereof as identified in the Final EIR.
b. The facts supporting such finding are as follows:
All project sites shall be watered down twice daily to reduce dust. The
water shall be non - potable.
C. This finding is supported by substantial evidence in the record of the
proceedings before the Town Council.
d. Monitoring Actions:
The Director of Building Services shall require all plans to include the
mitigation measure described in Section b. above as a condition of
approval and shall require Building and Engineering Inspectors to
enforce the mitigation measure as a part of the site inspections.
C. Water
1. If any structures are to be placed in the 100 -year flood plain, a flooding
hazard may exist.
a. The Town Council finds that as to such significant effect identified
above:
Changes or alterations have been required in, or incorporated into, the
project which avoid or substantially lessen the significant environmental
effects thereof as identified in the Final EIR.
b. The facts supporting such finding are as follows:
All structures in the Redevelopment Project Area that are located
within the 100 -year flood plain must follow all provisions of the Town
of Los Gatos Flood Ordinance 1763.
EXHIBIT A
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C. The finding is supported by substantial evidence in the record of the
proceedings before the Town Council.
d. Monitoring Actions:
The Town Engineer shall ensure that all plans comply with the
mitigation measure described in Section b. above prior to the issuance
of a Building Permit.
D. Power and Communications
1. Infrastructure improvements may encounter may encounter buried power and
communication lines. Without adequate precautions, disruptions in service
could result and, in the case of natural gas, hazards could result.
a The Town Council finds that as to such significant effect identified
above:
Changes or alterations have been required in, or incorporated into,
the project which avoid or substantially lessen the significant
environmental effects thereof as identified in the Final EIR.
b. The facts supporting such finding are as follows:
Adequate precautions shall be taken to avoid hazards or disruptions
of service.
C. The finding is supported by substantial evidence in the record of the
proceedings before the Town Council.
d. Monitoring Actions:
The Director of Building Services shall ensure that the mitigation
measure described in Section b. above is incorporated into the
infrastructure improvement process.
E. Transportation /Circulation
1. Improvements that block streets would result in short-term impacts on traffic
and parking would create a nuisance.
a. The Town Council finds that as to such significant effect identified
above:
EXHIBIT A
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Changes or alterations have been required in, or incorporated into,
the project which avoid or substantially lessen the significant
environment effects thereof as identified in the Final EIR.
b. The facts supporting such finding are as follows:
Each individual project, upon submitting an application for an
Encroachment Permit, shall submit a diversion plan for traffic.
Diversion plans must show all uses of the public right -of -way including
parking and equipment, cone and barrier placement and the need for
traffic direction personnel.
C. The finding is supported by substantial evidence in the record of the
proceedings before the Town Council.
d. Monitoring Actions:
The Town Engineer shall ensure that the mitigation measure described
in Section b. above is required for all projects as a condition of
approval prior to the issuance of an Encroachment Permit or Building
Permit.
F. Cultural Resources
1. Artifacts or historic foundations could be uncovered during excavations.
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a. The Town Council finds that as to such significant effect identified
above:
Changes or alterations have been required in, or incorporated into, the
projectwhich avoid or substantially lessen the significant environmental
effects thereof as identified in the Final EIR.
b. The facts supporting such finding are as follows:
In the event that any archaeological resource is discovered at any time
during grading, scraping or excavation, all work shall be halted in the
vicinity of the find, the Town of Los Gatos shall be notified and an
archaeologist shall be contacted immediately. The archaeologist shall
determine if the Redevelopment Project improvement may cause
damage to an important archaeological resource. An important
archaeological resource is one which: 1) is associated with an event or
person of significance in California or American history or prehistory,
2) can provide information which is of public interest and use in
archeological research questions; 3) has special or particular quality;
4) is at least 100 years old; or S) involves important research questions
EXHIBIT A
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that can be answered only with archaeological methods. This
determination must be made by the archaeologist in writing.
If the resource is not determined by the archaeologist to be important,
a record of this discovery shall be made by the archaeologist and noted
in the Los Gatos records.
If the resource is important, in -situ preservation is the preferred
manner of avoiding damage to resources. If avoidance is not feasible,
a mitigation plan shall be prepared by the archaeologist.
In the event of discovery or recognition of any human remains, all work
at the site and within a radius of 50 meters shall be halted. The
County Coroner shall be notified. If the remains are of Native
American origin, the designated representative proscribed by the Native
American Heritage Commission in Sacramento shall be notified and
given an opportunity to express concerns about the project and
mitigation of potential disturbance.
If any archaeological resources are found as a result of any of these
improvements, further details on mitigation as found in Appendix K
of the CEQA Guidelines will be followed.
C. This finding is supported by substantial evidence in the record of the
proceedings before the Town Council.
d. Monitoring Actions:
The Planning Director shall include all mitigation measures described
in Section b. above as conditions of approval for all projects that
involve grading activities as conditions of approval.
2. The rehabilitation of residential and commercial properties and construction
of new residential units could result in the degradation of the aesthetic
environment.
a. The Town Council finds that as to such significant effect identified
above:
Changes or alterations have been required in, or incorporated into, the
project which avoid or substantially lessen the significant environmental
effects thereof as identified in the Final EIR.
EXHIBIT A
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G. Noise
b. The facts supporting such finding are as follows:
Rehabilitation shall be done in a manner consistent with Town design
standards.
C. This finding is supported by substantial evidence in the record of the
proceedings before the Town Council.
d. Monitoring Actions:
The Planning Director shall require all plans to comply with the
mitigation measure described in Section b. above prior to the issuance
of a Building Permit.
Some construction equipment used in improvements may temporarily exceed
the noise limits set by the Los Gatos Noise Ordinance. Construction noise
may also impact sensitive receptors.
a. The Town Council finds that as to such significant effect identified
above:
Changes or alterations have been required in, or incorporated into, the
project which avoid or substantially lessen the significant environmental
effects thereof as identified in the Final EIR.
b. The facts supporting such finding are as follows:
The Town of Los Gatos shall enforce the Noise Element requirement
for acoustical analyses and recommendations for reducing noise impacts
to an acceptable level within residential areas where noise levels
exceed 55 dB.
The provisions of the Los Gatos Noise Ordinance shall be followed,
including the requirement for exemption permits for equipment that
may exceed the noise allowed in the ordinance.
C. This finding is supported by substantial evidence in the record of the
proceedings before the Town Council.
EXHIBIT A
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d. Monitoring Actions:
The Director of Building Services shall ensure that all construction
activities comply with the mitigation measures described in Section b.
above as part of Building Department code enforcement procedures
and as part of the site inspection procedure during construction.
H. Human Health
Hazardous materials may be encountered in the course of demolition,
rehabilitation and /or excavation for Redevelopment Project improvements.
a. The Town Council finds that as to such significant effect identified
above:
Changes or alterations have been required in, or incorporated into, the
project which avoid or substantially lessen the significant environmental
effects thereof as identified in the Final EIR.
b. The facts supporting such finding are as follows:
The Town of Los Gatos shall conduct, or have property owners conduct
and submit to the Town, preliminary environmental investigations for
hazardous materials prior to any of the following activities being
undertaken:
1. Demolition or rehabilitation of structures or buildings, including
removal of interior walls.
2. Excavation of the ground for purposes other than clearing,
grubbing or staking unimproved ground for the purposes of
surface improvements, such improvements to be limited to the
upper 12 inches of earth.
3. The environmental investigation shall be performed by certified
professionals and contain recommendations for future actions,
if necessary.
C. This finding is supported by substantial evidence in the record of the
proceedings before the Town Council.
d. Monitoring Actions:
The Director of Building Services shall require the mitigation measure
described in Section b. above to be included as a condition of approval
prior to the issuance of a Building Permit.
EXHIBIT A
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