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Resolution 1996-57 . . . RESOLUTION NO. 96-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S 96-17 (PUDj, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) IN ORDER TO CREATE VARYING BUILDING LOT SIZES, A GOLF COURSE AND CLUB HOUSE COMPLEX, PRIVATE STREETS AND SIDEWALKS, AND TO MAKE UVAS CREEK PEDESTRIAN IMPROVEMENTS ON APPROXIMATELY 1,845 ACRES, APNS 810-21-003, 810-22-001, 002 AND 003, AND 810-24-005 AND 006, SHAPELL INDUSTRIES, APPLICANT WHEREAS, Shapell Industries of Northern California submitted A/S 96-17 (PUD) for architectural and site approval of a planned unit development for the Eagle Ridge project involving 831 building lots at build out, a golf course and club house complex, private streets and sidewalks, pedestrian improvements along Uvas Creek, and including the dedication to the City of 1,070 acres of hillside open space on approximately 1,845 acres, APNS 810-21-003, 810-22-001, 002 and 003, and 810-24-005 and 006, variously zoned Rl-PUD (Single Family PUD) , RH (Residential Hillside), and OS (Open Space); and WHEREAS, the property affected by A/S 96-17 is located along the west side of Santa Teresa Boulevard, south of Hecker Pass Highway and Uvas Creek, and along the southwest side of Miller Avenue as shown on Exhibit A which lS attached hereto and incorporated herein by this reference; and WHEREAS, an Environmental Impact Report (EIR) which included this proj ect was considered with General Plan Amendment GPA 90-04, which EIR ("Final Subsequent EIR for the O'Connell Ranch") was certified by the City Council to be in compliance with the California Environmental Quality Act (CEQA) and to reflect the independent review and judgment of the City at their meeting on October 5, 1992. In approving the project, the City Council made the required findings and adopted a Statement of Overriding Considerations pursuant to CEQA Guideline 15093, and adopted IRPJI316736.01 64-090504706002 -1- RESOLUTION NO. 96-57 . . mitigation measures and a Mitigation Monitoring Program as required by CEQA pursuant to Public Resources Code section 21081.6, all as set forth in Exhibits A and B to Resolution 92-79 adopted by the City Council on October 26, 1992 attached hereto as Exhibit Band incorporated herein by this reference; and WHEREAS, the aforementioned EIR has been reviewed and the City finds that the proj ect remains substantially consistent with the previous CEQA documentation as described in the Addendum attached hereto as Exhibit Bl and incorporated herein by this reference; and WHEREAS, the Planning Commission reviewed A/S 96-17 (PUD) at its duly noticed meeting on August 29, 1996, and recommended that the City Council approve the project, subject to the 14 conditions attached hereto as Exhibit C and incorporated herein by this reference and set forth in the Staff Report dated August 23, 1996; and WHEREAS, the City Council reviewed application A/S 96-17 (PUD), a plan set dated August 9, 1996 and all documents relating thereto and took oral and written testimony at its duly noticed meeting on September 3, 1996; and WHEREAS, the location and custodian of the documents or other material which constitutes the record of the proceedings upon which this resolution is based is in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT SECTION I The City Council hereby finds that A/S 96-17 (PUD) complies wi th the findings required to grant PUD architectural and site approval pursuant to subsections (a) through (i) of Section 50.55 of the Gilroy Zoning Ordinance, and finds the facts as set forth more fully in the record incorporated herein, particularly in the Staff Report, support said findings. IRPJI316736.01 64-090504706002 -2- RESOLUTION NO. 96-57 . . SECTION II The City Council hereby finds that: 1. This project is consistent with the Gilroy General Plan. 2. There are no offsi te or onsi te environmental effects of this project which are not addressed in the EIR, the Mitigation Monitoring Plan or the Statement of Overriding Considerations that have been previously adopted for this project. 3. There is no new information or substantial evidence that the project may have a significant effect on the environment that is not addressed in the EIR, the Mitigation Monitoring Plan or the Statement of Overriding Considerations that have been previously adopted for this project. SECTION III A/S 96-17 (PUD) should be and hereby is approved, subject to the 14 conditions set forth in Exhibit C and consistent with the conditions imposed on TM 96-05, and subject to the mitigation measures and mitigation monitoring program set forth in Exhibits A and B to Resolution 92-79 attached hereto as Exhibit B, and subject to the mitigation measures and mitigation monitoring program set forth in the Addendum to the EIR attached hereto as Exhibit Bl. PASSED AND ADOPTED this 3rd day of September, 1996 by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, VALDEZ, GAGE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: DDMtb-- ATTEST: SUo"n?;f1~="" Clelc~ IRPJ\316736.01 64-090504708002 -3- RESOLUTION NO. 96-57 '. . '" '" - '" { z ...... ..:.. ~ ~ Q. ;:... o~ O:t: ~~ (f) o - ~:t: < Q. Z LrJ ::J en fflE"€'W A 'r r\\G\-\~'" ~ < 0 (f) -:) O....~ z' < <1:: en o ~~RE.~ . :2 ~ I- ,,",0 ....J ~ ~ CD >-(5 <" f-CJ) >- ',3/\ V' ~ ~37i/rt _0 . z :I: Z " - - 0 :I:' - > ~ < a. - ,.... ~ ~ Q ~ - ~ c ~ ~ ..... . - - ~ r-- -. , . \l: . ~ ::::: rr; - ~ <: rn o!l - It1 ~ e , \C ~ ~ ~ ~ ~ ~ -< - .... rJJ 0::: 1.&.1 ~ U 1.&.1 :I: ~ - en (Exhibit B cons~s of EXhibits' A & B to Retlllticn 92-79) EXHIBIT A AN ADDENDUM TO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY. ADOPTING FINDINGS, MITIGATION MEASURES, AND STATEMENTS OF OVERRIDING CONSIDERATIONS PERTAINING TO. THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT FOR THE O'CONNELL RANCH (GPA 90-04) The City Council finds that one or more significant effects would likely result from approval of this proj~ct and that the substantial evidence and mitigation measures relied upon by this Ccuncil supporting the required findings are set forth as follows, and the City Council hereby adopts all mitigation measures in the Final EIR except as revised herein, inCluding, but not limited to: I. A. SIGNIFICANT EFFECTS LAND USE: 1. Sianificant Effect: (LU-l) The project will reduce the open space character on approximately 500 acres of the site where homes and streets would be constructed. Approximately 135 acres will be converted to golf course open space. OVer 480 acres of the site will be graded during construction of the project. Open space views from Highway 152 and Santa Teresa Boulevard wi.ll be affected by the project. Mitiaation or Avoidance: (LU-l) Nine hundred and sixty four acres of open space would be dedicated for preservation in permanent open space within the Hillside Reserve area of the site. Large custom estate lots would be located on the lower hillsides with townhomes, 7,000 square foot, and quarter acre lots located on the lower, flatter area of the site. Three hundred and fifty acres of the site will be used for hillside open space and creekways. One hundred and thirty five acres will be developed as golf course open space. Mitiaation or ~voidance: (LU-2) The City of Gilroy will require that a Homeowners Association or some other district be established that is responsible for maintaining the private open space. In addition, the City will require that a maintenance district, land trust, endowment, or some other type.of district be established to ensure maintenance of the hillside open space areas on the project site, as a condition of project approval. Mitiaation or Avoidance: (LU-3) The project will be required to provide a minimum of two access points to the future Uvas Creek Preserve along the Filice property. The future visitors to the preserve, however, will be excluded from the adjacent golf course. Mitioation or ~voidance: (LU-4) The City will require a transfer of development rights from the creekways and salamander mitigation areas to ensure that those portions of the site remain undeveloped. Findino: Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the ~- . . Appendix A - O'Connell Ranch EIR 2 10/28/92 environmental impact report. below. ) (See Statement of Overridina Considerations, 2. Sicnificant Effect: (LU-2) The project will eliminate 130 acres of "Prime Farmland" and "Farmland of State Importance" as well as reduce the grazing potential on other parts of the site proposed for development. Adjacent agricultural land may be .prematurely or unnecessarily converted to non-agricultural uses, due to perceived monetary benefits associated with the project. . Mitiaation or Avoidance: None. The impact is unavoidable. . Findina: Specific economi.c, social or other considerations make infeasible any mitigation measures or project alternatives identified in the environmental impact report. (See Statement of Overridina Considerations, below. ) B. GEOLOGY: 3. Sianificant Effect: (G-1) The project proposes grading on between 480 and 500 acres of the site which will involve a volume of 4.5 million cubic yards of cut and an equal volume of fill. A maximum cut of over 50 feet is proposed at one location and fill depths would exceed 10 feet over a significant portion of the deve10pnent area. . Mitiaation or Avoidance: (G-1) Grading will be controlled by limiting construction to lower flatter areas of the site and locating the larger custom estate lots on the hillside above the lower flatter areas. Grading for roadway construction will be reduced by constructing five bridges across canyons or drainages on the site. Grading of slopes above 30 percent will be limited and cuts of more than 10 to 12 feet will generally be limited. The City's Engineering Department will review all cuts with the -intent to limit them where feasible. Under special circumstances and in very limited areas, the City's Engineering Department may allow cuts to exceed the maximum 10 to 12 foot depth. Maximum cuts will be limited by the City's engineering criteria. The intent o~ the Gilroy engineering criteria is to generally limit grading to the minimum necessary for drainage. Findina: Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. (See Statement of Overridino-Considerations, below. ) 4. Sianificant Effect: (G-2) The proposed project is subject to potential seismic and slope stability hazards. Both active and inactive landslides were mapped on the site. An apparent inactive fault on the site has a remote potential for limited sympathetic movement during a major earthquake on a nearby active fault. Mitiaation or Avoidance: (G-2) Seismic hazards to homes will be mitigated by constructing homes to meet seismic Risk Level 4, in accordance with current practices in California. Possible hazard to structures from sympathetic movement on the apparent inactive fault will be avoided by setting buildings back from the fault, or using a foundation that would withstand the minor movement. Hazards from active and inactive landslides will be avoided either by avoiding development and construction activities in the slide area or by engineered excavation and recompaction of landslides. Hazards from . . Appendix A - O'COnnell Ranch EIR 3 10/28/92 slope stability and landslides' will be reduced by engineering all cut and fill slopes using standard engineering practices for construction of cut and fLII slopes including: not over steepening slopes and using buttress fill in the vicinity of highly fract,ured and shear materials. Hazards from upslope_debris flows and colluvial deposits identified in the Preliminary Geotechnical Investigation (Appendix A of this EIR). will be reduced or eliminated by conducting specific studies and following the recommendations of these studies. Slope stability will be mitigated by Gilroy's requirement:to generally limit maxilllum cuts to 10 to 12 feet. Findino: Changes or alterations have been required in, or incorporated into, such pr?jects which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report. S. 5ionificant Effect:. (G-3) During and after grading, the project wLll be subject to erosion that could result in downstream sedimentation. Mitioation or Avoidance: (G-3) Erosion and sedimentation will be reduced by generally limiting the total area of grading and soil disturbances on the site to the lower flatter areas of the site. Erosion will be avoided along most of the drainages on the site by designating approximately 40 acres of the site for " creekways " . with very limited disturbance for roadway construction or construction of biological mitigation measures such as ponds. Erosion will be controlled by limiting grading to the dry season and establishing erosion control measures before the rainy season. An erosion control plan will be prepared that includes the use of straw bale fences. check dams, dikes and settling basins to reduce runoff water velocities and force. Ground cover will be placed on graded surfaces where final grading is complete and pavement or structures will not be subsequently constructed. For example, erosion controlling ground cover will be placed on road cuts and fills above and below roadways. Findina: Changes or alterations have been required in, or incorporated into, such projects which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report. 6. Sianificane Effect: {G-4} Expansive soils are present at some locations on the site which have a potential to adversely affect pavement and structures~ Mitioaticn or Avoidance: (G-4) Potentially adverse effects from expansive soils will be avoided by placin9 expansive soils in deep fill and covering with low or non expansive soils~ The expansive soils will be engineered in accordance with specified moisture content and compaction requirements~ Where expansive soils are present and building or other structures are proposed, a foundation design will be employed that com~ensates for the expansive characteristics which could result in structural damage. Findina: Changes or alterations have been required in~ or incorporated into, such projects which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report. . . Appendix A - O'COnnell Ranch EIR 4 10/28/92 C. VEGETATION AND WILDLIFE: 7. Sianificant Effect: (VW-l) The project will aignificantly reduce the veqetation and wildlife habitat on the sita by'converting grassland and woodland habitat to urban and suburban uses. Mitiaation or Avoidance: (VW-1) :Vegetation and wildlife impacts will be partially mitigated by limiting development to less than 5101 acres of the site. Nine hundrsd and sixty four acres will be left: undisturbed and dedicated to a public agency for open space:purposes, thereby preserving the wildlife habitat value on this area of the site. Three hundred and eight acres of the site will be preserved as hillside open space, with construction of improvements in this area limited to water tanks and access: roads: for service and maintenance of water facilities. Forty two acres of the, site generally located 'along the drainages will be preserved in open space and designated as creekways. Vegetation and wildlife impacts will also be partially mitigated by the >. use of native plants for landscaping materials whenever possible, since they afford the greatest wildlife habitat. Findina: Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. (See Statement of Overridina Considerations, below. ) 8. Sianificant Effect: (VW-2) Approximately 500 to 700 healthy medium and large sized Oak, Bay Laurel, and Sycamore trees will be removed during grading and construction of the project. Mitiaation or Avoidance: (VW-2) The landscaping plans will include a replacement ratio of a minimum of three trees for every tree removed with a trunk diameter of greater than six inches (measured 4.5 feet above the ground). Two thirds of the replacement trees will be native. The replacement trees will be a minimum of one gallon in size. All trees that would be preserved on the site would be identified, mapped, clearly marked, and fenced to the drip line, prior to any construction activity. No construction traffic would be allowed inside the drip line of trees to be preserved. Findina: Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact reporte (See Statement of Overridina Considerations, below. ) ge Sianificant Effect: (VW-3) Native serpentine vegetation and wildlife_ will be -impacted .by..grading of .a grassy knoll located in the southeastern area of the site. Mitiaation or Avoidance: (VW-3) Grading will be avoided entirely or extremely limited on a minimum of 20\ of the serpentine knoll, equivalent to approximately 12 acres. Findina: Changes or alterations have been required in, or incorporated into, such projects which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report. 10. Sianificant Effect: (VW-4) impact the intermittent drainages and construction and suburban uses could their seasonal riparian habitate . . Appendix A - O'Connell Ranch EIR 5 10/28/92 Mitiaation or ~voidance: (VW-4) A:minimum of 40 acres of open space will be designated for .creekway. uses, :and maintained along seven drainages on the site. JCcnstruction activities will be limited in the seasonal drainages, andlfive bridges will be constructed for roadway C;ossings of these drainages. Highly visible fabric fencing or continuous flagging will be placed around the seasonal riparian: habitat to be preserved during:grading and construction to prevent impacts. 'Findinc: Changes or alterations have been required in, or incorporated into, such !projects which: mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report. 11. 'Sianificant E~fect: (VW-S) Removal of habitat in the project area could affect three specbes of special concern.that have been identified on the project site. (A field ~nvestigation found no checkerspot butterflies on the site.) The three species are the western pond turtle, red-legged frog, and the California tiger salamander. Each of these species is dependent upon the ponds on the site. Mitiaation or Avoidance: (VW-S) Two of the three ponds on site will be preserved, one located in the southeast corner of the site near Farman Canyon and Miller Avenue and one located in Reservoir Canyon, A total of slightly over 100 acres surrounding the ponds will be left in open space to assist in providing terrestrial habitat and a buffer between urban uses and the ponds. In addition, two new ponds will be constructed and other mitigation measures implemented to provide for self-sustaining population of the three species, as described below. RESERVOIR CANYON POND: 1) Additional open land around this pond has been preserved to avoid impacts to the western pond turtle and red-legged frog. The proposed open space area should provide an adequate buffer area and provide adequate habitat for continued breeding success of these species. 2) In addition, a new tiger salamander breeding pend will be constructed downstream in the immediate vicinity to enhance habitat conditions in this portion of the site. A total of slightly over 100 acres of potential California tiger salamander habitat is included in the project. 3) The perimeter of the mitigation area will be fenced to prevent access by off-road vehicles. FARMAN CANYON POND: 1) Additional open land around this pond has neen preserved to avoid impacts to the California tiger salamander. The proposed open space area should provide an adequate buffer area and provide adequate habitat for continued breeding success of this species. 2) An undisturbed corridor between the pond and suitable habitat to the southwest will be provided by retaining Farman Canyon Creek in its natural condition. Residential structures will.be set back from the creek a minimum of 200 feet. 3) A new tiger salamander breeding pond will be constructed in the southwest corner of the project site either within or adjacent to the first tributary to Farman Canyon Creek. . . Appendix A - O'Connell Ranch EIR 6 10/28/92 4) Tunnels beneath the entry road will be provided, as well as suitable barriers which are intended to prevent tiger salamander from crossing the road :and intended to direct migrating salamanders to the tunnels 80 that they ,cross beneath the rJOad. 5') The perimeter: of the mitiigation area will be fenced to prevent access by off-:oad vehicles. A draft California tige~ salamander Mitigation Plan has been prepared,:and is included in Appendix L. Irhe mi.tigation concept of this management plan is to retain Farman canyon PoneS, Reservoir canyon Pond, and areas su=ounding these two bodies of water in open space for salamander habitat. The developed areas and roads that are located in the vicinity of these ponds will be surrounded by low.walls or barriers to exclude salamanders. The entry road that crosses the habitat, in the vicinity of Farman Canyon Pond will includes tunnels to allow salamander movement from one area to another. CUt or fill slopes located in open space areas will be planted with native grass to establish upland habitat for this species. The Mitigation Plan provides for the creation and maintenance of salamander breeding habitat in Farman Canyon Pond, Reservoir Canyon Pond, and two new ponds (see Figures 15 and 16). All existing and proposed breeding ponds would be located adjacent to or are within suitable upland Californi.a tiger salamander habitat. Specific measures for the creation of each of these breeding ponds are described on pages 10. through 19 of the Mitigation Plan in Appendix L. Proper introduction techniques will be utilized to establish salamander within the breeding ponds (see page 23 of the Mitigation Plan). The Mitigation Plan also provides for the protection of the tiger salamander in the development areas and project roads. Off-road vehicle structures, fencing, salamander barriers, salamande~ tunnels, and special curb and storm drain designs would protect salamander habitat from human disturbance, as described on pages 20 through 22 of the Mitigation Plan (Appendix L). The tiger salamander mitigation areas and other special status species mitigation areas will be established and maintained by an assessment district, homeowners association, land trust, endowment, or other similar entity that is developed as a condition of approval of the project. Findina: Changes or alterations have been required in, or incorporated.into, such projects which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report. D. VISUAL AND AESTHETICS: 12. Sianificant Effect: (VA-l) The proposed project will result in visual impacts from many vantage points in western, southern and central Gilrcy including Santa Teresa Boulevard and Highway 152. From these vantage points, portions of the proposed development would be visible on the lower elevations of the site. Highway 152 and Santa Teresa Boulevard are designated as scenic corridors and, therefore, the project would have a significant visual impact by affecting views from these roadways. Mitiaation or Avoidance: (VA-I) The project will reduce visual impacts by preserving the upper hillside of the project in permanent open space and generally limiting development to the lower flatter areas of the . . Appendix A - O'Connell Ranch EIR 7 10/28/92 site. Visual impacts from grading will be limited by constructing a 16 foot wide roadway (pavement surface) to serve the custom estate lots located across the toe of the hillside. The project includes a golf course within the clustered residential uses to afford open space. Santa Clara County's ~equirement of a 100-foot wide development setback along Santa Teresa Boulevard will reduce visual impacts from this roadway. In conformance with this County requirement, the project will restrict any structures within a 100 foot wide strip adjacent to Santa Teresa. Boulevard. Findinc: Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. (See Stat~ent of OVerridinc Considerations, below. ) 13. Sicnificant Effect: . (VA-2) The project would have a potential future visual impact on the views from Uvas Creek, when the park planned for this area is developed. Mitication or Avoidance: (VA-2) Potential visual impacts from Uvas Creek will be reduced by the planting of landscaping that screens development from the future park site, and by the presence of a trail system on the south side of Ovas Creek, which is part of the Uvas Park Preserve trail system. Findinc: Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. (See Statement of OVerridinc Considerations, below. ) 14. Sicnificant Effect: (VA-3) Wa~er tanks and access roads to serve the tanks may have visual impacts since they will be located on the hillside above the all residential development in areas that could be visually prominent. These features could have significant visual impacts on nearby roadways. Mitiaation or Avoidance: (VA-3) The visual impacts of the proposed access roads and water tanks will be reduced by sele~ting locations that are as visually obscure as possible from most vantage points. Findina: Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. (See Statement of Overridina Considerations, below. ) E. DRArNAGE AND FLOODING: 15. Sicnificant Effect: (DF-1) The proposed project will increase the amount of impervious area on the project site and, therefore, increase runoff from the site. The project will result in increased storm flows during a 100- year storm and even greater percentage increases during smaller storms, such as a IO-year event. Mitiaation or Avoidance: (OF-l) The project will mitigate potential downstream flooding hazards through the preparation and development of a master storm drainage system that includes all of the site's watershed canyons that drain into Uvas Creek. The proposed storm drainage system will include on-site storm water detention ponds and/or downstream channel improvements as necessary to prevent increased downstream flooding hazard. . . Appendix A - O'Connell Ranch EIR 8 10/28/92 Findino: Changes or alter~tions have been required in, or incorporated into, such projects which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report. 16. Sionificant Effect: (DF-2) The project may have significant flood hazards impacts on the local drainages between the project site and Uvas Creek. Some downstream drainage channels and pipes between the site and Uvas Creek have inadequate capacity to accommodate a 10 year flood and would be unable to carry additional runoff that would result from project development. Mitioation or Avoidance: (DF-2) The project will mitigate potential flood hazards to local drainages through a combination of on-site storm water detention ponds .(water features on the golf course) and downstream channel improvements. An on-site storm water detention system will prevent increased runoff from the project by holding storm water on the site and allowing it to be released slowly, so that there is no increase over the existing storm flows from the site. Improvements to storm drains, ditches, and culverts will provide sufficient drainage capacity for the post-project 10-year storm flow from the project site to Uvas Creek. Any off-site storm drainage mitigation measures shall include acquisitions of easements and/or rights-of-way by the developer. Any needed acquisition not under control of the developer at the time the tentative map is submitted shall be so noted in the submittal. A master storm drainage 'plan would be required in order to establish measures to reduce the potential downstream impacts of storm water flows from O'Connell Ranch to Glen Loma and other adjoining properties. This master plan will be consistent with the City's master storm drainage plan. Findina: Changes or alterations have been required in, or incorporate9 into, such projects which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report. 17. Sianificant Effect: (DF-3) Construction of the project could disturb underlying soils on the site, contributing to sediment erosion and increasing sediment loading in Uvas Creek. In addition, surface runoff from the proposed residences and gelf course would contain minor concentrations of oil and grease, fertilizers, herbicides and pesticides, and heavy metals. Fertilizer and any pesticides applied to the golf course turf could accumulate on the turf, depending upon net application rates, and assuming that surface runoff does not leave the golf course. Mitiaation or Avoidance: COF-3)" The project would be required to conform to the regulations of the Santa Clara Valley Non-Point Source Program. On-site detention ponds would provide locations for pollutant removal through settling, prior to discharge of the storm water runoff into the storm drainage system. In addition, scheduling earthwork activities during the dry season would prevent runoff erosion. During construction near the creek corridors, the developer would ensure that debris and soil is not deposited into the Uvas Creek corridor. All existing debris would be removed from the corridors during constr~ction. Any earthwork activity occurring during the rainy season would be separated from street gutters and storm drains by ditches, berms or filtration barriers, such as hay bales. All exposed soils would be watered during the dry season to limit wind . . Appendix A - O'Connell Ranch EIR 9 10/28/92 erosion. In addition, streets surrounding the construction area would be swept regularly to collect sediment deposited on the streets before it is washed into the storm drains or channels. A golf course operation plan would be developed prior to the issuance of a Planned Development Permit for the development of the golf course. The plan would include the following elements: 1) Strict adherence to manufacturers recommendations and procedures involving chemical applications; 2) Use of chemicals approved by the County or Department of Aqriculture; 3) Use of only short-lived pesticides; 4) Application of chemicals only by State-licensed personnel; 5) Limited use of chemicals; 6) Proper storage, handling and disposal of chemicals. Findina: Changes or alterations have been required in, or incorporated into, such projects which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report. 18. Sianificant Effect: (DF-4) The City of Gilroy Public Works Department has determined that the proposed hillside development associated with the O'Connell Ranch project would generate a significant increase in the routine maintenance over and above that required for a similar project in the flat land areas of the city. Mitiaation or Avoidance: (DF-4) In accordance with the City's requirements, the proposed project would be required to establish a maintenance district, to provide for services in the hillside areas, where maintenance costs are over and above those encountered in the flatland subdivisions. Findina: Changes or alterations have been required in, or incorporated into, such projects which mitigate or avcid the significant environmental effects thereof as identified in the completed environmental impact report. F. CULTURAL RESOURCES: 19. Sianificant Effect: (CR-l) Two of the three prehistoric archaeological sites on the property may potentially be impacted by grading and construction activities proposed by the project. Mitiaation or Avoidance: (CR-l) Impacts to the prehistoric archaeological resources will be mitigated by modifying the project to avoid these resources. Disturbance of the subsurface cultural materials will be limited or avoided by placing fill over the cultural rescurce sit~s, cr avoid disturbance by placing open spaces uSes where cultural resources sites are located. Earthmoving activities in the area of archaeological sites will be conducted in the presence of a qualified archaeologist and in consultation with a recognized Native American Observer. If disturbance of cultural materials results from striping organic material from the surface or scarification of the surface soil, a limited sample of the deposits will be excavated and recordation made by the archaeologist to provide a record of the resource. After sampling, clean fill will be placed on top of these resources to protect them from future disturbance. Findino: Changes or alterations have been required in, or incorporated into, such projects which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report. . . Appendix A - O'Connell Ranch EIR 10 10/28/92 20. Sianificant Effect: (CR-2) The project may potentially impact archaeological resources off of the site during construction of underground utilities, sanitary sewer lines, and storm lines. _ Mitiaation or Avoidance: (CR-2) Potential:impactslto off site cultural resources could be reduced by the following measures I 1) surface reconnaissance and archival research along proposed alignments, 2) in locations where cultural resources are identified, monitoring,will be required by a qualified archaeologist during excavation and earthmovin9 activities, and J) if cultural resources are identified, construction will belhalted whLle a sample of the materials is recovered for recordation in accoreance with current standards for archaeological resources. Findina: Changes or alterations have been required in, or incorporated into, such projects which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report. ~. G. TRANSPORTATION: 21. Sianificant Effect: (T-1) Upon complete development and occupancy, the project will result in significant traffic impacts at the following five intersections: 1) Intersection 415 - U.S. 101 NB Off-ramp/Lea~esley Road, 2) Intersection 422 - Monterey Street at Leavesley Road, 3) Intersection 467 _ Santa Teresa Boulevard at First Street, 4) Intersection 477 - Westwcod-Drive at First Street, and 5) Intersection 497 - Santa Teresa Boulevard and the North Project Entry. Mitiaation or Avoidance: (T-l) Roadway improvements are recommended to reduce the project impacts to a non-significant level, as described on pages 113-120 of the EIR. AS.a condition of project approval, the City of Gilroy will require the project to contribute its share of the costs of the improvements through the payment of traffic impact fees. Findina: Changes or alterations have been required in, or incorporated into, such projects which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report. 22. Si~nificant Effect: (T-2) Traffic circulation on Santa Teresa Boulevard could be impacted by project traffic at the two entrance streets to the project site. Mitication or Avoidance: (T-2) Impacts to circulation on Santa Teresa Boulevard will be mitigated bY'loc~ting the intersections at the entrance streets to meet the Santa Clara County Transportation Agency minimum spacing distance of one quarter mile, and by signalizing the intersectionSe The signal and intersection improvements at this intersection would be required to be completed to the ultimate intersection configuration, if the cost of the improvements is to be credited towards the payment of project traffic impact fees. The roadway improvements would include long transition turn pockets on Santa Teresa. All right-of-way dedications shall be made as necessary for these signals, including adequate right-of-way for acceleration and deceleration lanes along Santa Teresa. The City of Gilroy Public Works Department has indicated that all interim construction costs, as well as all costs for demolition and complete removal of all interim measures (when the . . Appendix A - O'COnnell Ranch EIR 11 10/28/92 signals are constructed to the ultimate design), shall be borne by the developer. Since the project will add traffic to Hiller Aven~e,l the City will require that the project include the widening of Miller Road to . half street cross section plus 12 additional feet of pavement on the othe~ half of the street, and any necessary right-of-way acquisitions between the ~outhern property line and Santa Teresa Boulevard. Findino: Changes or alterations have been required in, or incorporated into, such projects which:mitigaue or avoi~ the significant environmental effects thereof as identified in the COlllp.lJeted environmental impact report. "- 23. Sionificant Effect: (T-3) Traffic:generated by the project will use a fraction of reserve capacity. Existing:traffic together with project traffic, approved project traffic and reasonably foreseeable traffic will a have a cumulative effect upon traffic circulation and congestion. Thirteen intersections would be impacted by cumulative traffic. These intersections are: 1) u.S. 101 NB Off-Ramp/Leaves ley Blvd., 2) u.s. 101 SB Off- Ramp/Leaves1ey Blvd., 3) Monterey St/Leavesley Blvd., 4) Santa Teresa Blvd./First Street, 5) Westwood Dr./ First Street, 6) Santa Teresa 81vd./North Project Entry, 7) Monterey Street/First Street, 8) u.S. 101 NB Off- Ramp/Pacheco Pass, 9) U.s. 101 SB Off-Ramp/Tenth Street, 10) Thomas Road/Thomas Road Extension, 11) Santa Teresa/Thomas Road extension, 12) Santa Teresa/Tenth Street extension, and 13) Santa Teresa/Thomas Road. Mitioation or Avoidance: (T-3) The project would contribute a traffic impact fee to fund for a roadway improvements proportional to the roadway capacity used by the project traffic. Mitioation or Avoidance: (T-3) If the O'Connell Ranch project proceeds in advance of the Glen Lorna development, then a new traffic analysis w~ll be conducted in order to address the impact on the roadway network without the implementation of the roadway improvements that are required as part of the Glen Loma project. The developer shall provide any all mitigation measures resulting from the additional traffic analysis, as needed. Findina: Changes or alterations have been required in, or incorporated into, such projects which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report. 24. Sianificant Effect: (T-4) The City of Gilroy Public Works Department has determined that the proposed hillside development associated with the O'Connell Ranch project may generate a significant increase in the routine maintenance of the roadway system over and above that required for a similar project in the flat land areas of the city. Mitiaation or Avoidance: {T-4} In accordance with the City's requirements, the proposed project may be required to establish a maintenance district, to provide for services in the hillside areas, where maintenance costs are over and above those encountered in the flat land subdivisions. Findina: Changes or alterations have been required in, or incorporated into, such projects whiCh mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report. . . Appendix A - O'connell Ranch EIR 12 10/28/92 H. NOISE: 25. Sianificant Effectl (N-l) Approximately 17 proposed lots alonq the Santa Teresa Boulevard front"qe, north of Mil.ler Road, will be exposed to future noise levels:that exceed the City's 58-decibel residential noise standard as a result of traffic from future buildout of ..the Gilroy General Plan. Mitiaation or Avoidance: (N-l) The project proposes a 100 foot setback for all structures OD lots along the Santa Teresa Boulevard frontaqe. Exterior sound l......ls beyond I the 100 foot setback will'meet City standards for residential uses. Findina: Changesior alterations have been required in, or incorporated into, such projects which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report. v 26. Sianificant Effect: (N-2) Construction of the project will result in temporary noise impacts in the project area. Construction-related noise would be short-term, occurrinq primarily durinq qrading and construction on the site. Mitiaation or Avoidance: (N-2) will be mitigated by allowing construction Friday, between 7:00 AM and 7:00 PM. Findina: Changes or alterations have been required in, or incorporated into, such projects which mitiqate or avoid the significant environmental effects thereof as identified in the completed environmental impact report. COnstruction related noise impacts activities only Monday through 1. AIR QUALITY: 27. Sianificant Effect: (AQ-l) The project will contribute to Gilroy's total veh~cular emissions on a regional level and would exceed the 150 pound per day threshold for two criteria pollutants. Regional cumulative emissions projected from buildout of the Gilroy area are expected to result in a threefold increase of emissions. Mitiaation or Avoidance: (AQ-l) Mitigation of air quality impacts from the project vehicles, as well as for cumulative impacts, is provided by implementation of Transportation Demand Management and Transportation Control Measures encouraged by the Bay Area Air Quality Management District '91 Clean Air Plan. Effective ~lementation of these measures would achieve up to a five percent reduction in project emissions~ Findina: Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. (See Statement of Overridina Considerations, below. ) 28. Sionificant Effect: (AQ-2) The project will generate dust and particulates during the construction phase of the project. Mitioation or Avoidance: (AQ-2) Construction generated dust from grading will be controlled by periodic watering. Dust will also be reduced by establishing ground cover on graded surfaces where final grades are complete and pavements and structures will not be subsequently constructed. For . . Appendix A - O'Connell Ranch ErR 13 10/28/92 example, erosion controlling ground cover will be placed on road cuts and fills above and below roadways upon completion of final grading. : Findina: Changes or alterations have been required in, or incorporated into, such projects :which mitigate or avoid the significant environmental effec1ts thereof as iidentified in the completed environmental impact report. J. WASTEWATER TREATMENT: 29. : Sianificalit Effect: (WT-l) Potential impacts to groundwater quality could result, if impropen1y treated wastewater used for irrigation leaches lti.gh concentrations of niotrates intn the groundwater table, thus contaminating groundwater wells. : Mitication or Avoidance: (WT-1) The project will design and operate the wastewater treatment ;facility in a manner that guarantees production of high quality effluent that conforms to Title 22 of the California Administrative Code. COnformance with Title 22 will, thereby, ensure compliance with Order No. 85-82 which prohibits nitrate impacts on groundwater. Findina: Changes or alterations have been required in, or incorporated into, such projects which mitigate or avoid the significant environmental effects thereof as identified in the completed. environmental impact report. 30. Sianificant Effect: CWT-2) Potential impacts to surface and groundwater quality could result from overwatering of the turf and other landscaping, which could result in surface flow of wastewater. Mitication or Avoidance: CWT-2) Irrigation of golf course turf and landscaped areas will be on an as needed basis only, applying no more than the volumes necessary to maintain healthy vegetation. All irrigation will cease during rainy periods and retained water will be stored in a lined reservoir on the site. Findina: Changes or alterations have been required in, or incorporated into, such projects which mitigate or avoid the significant environmental effects t~erecf as identified in the completed environmental impact report. 31. Sicnificant Effect: (WT-3) Potential impacts to surface and groundwater could result, if there is an escape of wastewater from the storage reservoir during a rainstorme Mitiaation or Avoidance: (WT-3) For rainy periods and periods of low consumptive demand, such as during winter months, the wastewater storage reservoirs will be sized with adequate capacity to contain the daily effluent contributions (including direct rainfall and runoff from banks and berms) during the extended rainy season corresponding to a 100 year rainfall (120 day capacity) . Findina: Changes or alterations have been required in, or incorporated into, such projects which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report. . . , Appendix A - O'connell Ranch EIR 14 10/28/92 32. Si~nificant Effect: (WT-4) The proposed reclaiJlied wastewater storage reservoir, if it is unlined, may leach excessive nitrates into the groundwater and contaminate groundwater wells. Mitioation or Avoidance: (WT-4) The project will construct-the reclaimed water storage reservoir with a watertight liner to prevent percolation of wastewater into the underlying aquiferes). Monitoring of groundwater quality immediately adjacent to the reservoir will confirm the adequacy of the .reservoir lining to prevent seepage. Findino: Changes or alterations have been required in, or incorporated into, such projects which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report. ,- 33. Sianificant Effect: (WT-S) In the event of cataclysmic disaster, the Reclamation facility and storage reservoir may experience total failure and treated as well as untreated wastewater could potentially flow into uvas/Carnadero creek. However, if such a cataclysmic event were to occur, it is unlikely that the conveyance system from the G/MHHTP to the satellite treatment plant would remain intact. Therefore, it is unlikely that any sewage other than the amount already on the site, would escape into the Ovas/Carnadero Creek. . Mitioation or Avoidance: (WT-S) The SWRF has been designed to withstand natural disasters. The project would not be impacted by seismic events, since no faults, active or otherwise, are known to traverse the SWRF site.. Findina: Changes or alterations have been required in, or incorporated into, such projects which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report. 34. Si~nificant Effect: (WT-6) The proposed satellite treatment plant is located within the floodplain of Uvas Creek. Potential flooding impacts could occur without adequate flood protection. Mitioation or Avoidance: (WT-6) The project will mitigate potential flooding impacts by constructing a levee to the northeast of the reclamation plant to an elevation of 219 feet. This levee will adequately protect the SWRF from the 100 year flood. Findina: Changes or alterations have been required in, or incorporated into, such projects which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report. K. SERVICES AND UTILITIES: 35. Sianificant Effect: (SU-I) The project will require water service at higher elevations than the existing water system can supply. The project will also require water storage capacity and supply beyond the capabilities of Gilroy's existing water system. Mitiaation or Avoidance: (SU-l) The project will include the expansion of the Gilroy water system to serve project demands. The projece will include construction of one or more water reservoirs on the site to . . Appendix A - O'Connell Ranch EIR IS 10/28/92 provide the necessary storage capacity. These reservoirs will be located at an elevation sufficient to provide adequate water pressure. Findino: Changes or alterations have been required in, or incorporated into, such projects which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report. 36. Sianificant Effect: (SU-3) Emergency fire response times to the site exceed city standards because of the distance to the nearest fire station. Hitioation or Avoidance: (5U-3) Construction of a new fire station. in the Gavilan Community College area will reduce fire response times. Findino: Changes or alterations have been required in, or incorporated into, such projects which mitigate or avoid the significant environmental effects thereof.as identified in the completed environmental impact report. ~ 37. Sianificant Effect: protection services requiring department. Mitioation or Avoidance: (5U-4) The impact to police be offset by Public Safety Impact Fees charged to the project. revenues will offset a part of the increased police protection costs. (SU-4) The project will impact police additional personnel and equipment in this service will Property tax operational Findino: Changes or alterations have been required in, or incorporated into, such projects which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report. 38. Sionificant Effect: (SU-5) The project will generate school-age children that will impact schools, if schools do not have available space at the time of project development. Currently, all schools in the project area ar:e impacted. Mitioation or Avoidance: (SU-5)' The project will pay the maximum school impact fee authorized by state law at the time the building permits are issued. The developer shall, as soon as possible, negotiate with the Gilroy Unified School District to determine the level of additional impacts on the District. In the case of an impasse, the City of Gilroy shall mediate the negotiation. Following completion of the negotiations, the developer shall provide mitigation of the impacts to ~he School District which may include 1) impact fees, 2) dedication of land, 3) facilities and/or 4) equipment. The developer shall. submit -a. completed mitigation plan to the City prior to the application for a tentative map. Findino: Changes or alterations have been required in. or incorporated into, such projects which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report. 39. Sianificant Effect: (SU-6) The project would impact library services and would potentially impact park services. Mitiaation or Avoidance: (SU-6) Library impacts will be partially offset by tax revenues generated by the project. The project is proposing to . . Appendix A - O'COnnell Ranch EIR 16 10/28/92 pay approximately four million dollars in park fees, thereby offsetting the demand for approximately lS additional acres of park land. The project will further dedicate 964 acres of hillside and creekway areas to the City of Gilroy to be maintained as open space. In addition, the proposed golf.course will provide recreational opportunities. Park operation and maintenance costs resulting from the demand of future residents of the project will be partially offset by tax revenues. Findina: Changes or alterations have been required in, or incorporated into, such projects which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental i.mpact report. ~ 40. Sianificant Effect: (SU-7) The project will impact fire protection services requiring additional personnel and equipment in this department. Mitiaation or Avoidance: (SU-7) The impact to fire services will be offset by Public Safety Impact Fees charged to the project. Property tax revenues will pffset a part of the increased police protection operational costs. A new fire station is currently being considered to the south of the site in the Gavilan COmmunity College area. The Fire Department of the City of Gilroy and the Public Works Department recommend that a professional location analysis be conducted to analyze the long term city.conf~guration and to recommend locations of the additional fire station(s). The city has further suggested that the major developers in the area pay for this study. This study will assure that new fire station is at the best location to serve the all planned future development before funds are invested in capital i.mprovements for a new fire station. The project would be required to provide adequate fire flows and water pressure to the site in order to ensure a water supply sufficient for fire ~ightinq capabilities. Project roadways would be designed to provide emergency access. Project roadways would generally be no less than 20 feet in width, with no less than 13.5 feet in vertical clearance. The proposed residential, golf course clubhouse, and other project structures would be constructed in conformance with the Uniform Fire Code. Risk of ~wildland" fire can be reduced in hillside areas by having a minimum 30 foot setback between residences, garages, and structures. These 30 foot setbacks can be landscaped with irrigated plant materials, such as lawns. Findino: Changes or alterations have been required in, or incorporated into, such projects which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental , . impact report. . 41. Sionificant Effect: (SU-8) The City of Gilroy Public Works Department has determined that the proposed hillside development associated with the O'Connell Ranch project may generate a significant increase in the routine maintenance of water, sanitary sewer, and storm drainage over and above that required for a similar project in the flat land areas of the city. In addition, the dedication of the 964 acres of open space, in its natural state, would require additional maintenance and increased hillside protection. Mitiaation or Avoidance: requirements, the proposed project (SU-8) In accordance with may be required to establish the City's a maintenance . . Appendix A - O'COnnell Ranch EIR 17 10/28/92 di.strict, to provide for services in the hillside areas (above the 280 foot "'. contour), where maintenance costs are over and above those encountered in the flat land sul:>divisions. The City of Gilroy wiliL require that a Homeowners Association, or some other district, be establi~hed that is responsible for maintaining the private open space. In additiop,the City will require-that a maintenance district, land trust, endowment, o~ some other type of district be established to ensure maintenance of the hi1lsipe open space areas on the project site, as a condition of project approval. Findina: Changes or alterations have been required in, or incorporated into, such projects which mitigat...or avoid the significant environmental effects thereof as identified in !:he completed environmental impact repcrt. L. CUMULATIVE IMPACTS: 42. Sianificant Effect: (CUM) The significant cumulative impacts of the ~ project result from the following: 1) The incremental conversion of undeveloped land to urban-related uses or amendment of the General Plan to allow for more urban-related uses. 2) The incremental loss of agricultural land 3) Impacts of vegetation and wildlife 4) A substantial increase in traffic at the 13 intersections identified in the Subsequent EIR 5) A possible delay in attainment of air quality standards 6) An increase in the amount of groundwater withdrawn '7) An increase in the generation of wastewater 8) An increase in quantity af stormwater runoff to Llagas Creek and Uvas Creek 9) An increase in the demand for fire service by the Gilroy Fire Dept. 10) An increase in demand for police protection 11) An increase in demand for school services Mitiaation or Avoidance: (CUM) The mitigation measures for the project are as discussed above. Findina: With regard to the following cumulative impacts, changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant cumulative environmental effects thereof as identified in the completed environmental impact repcrt: 1) A substantial increase in traffic at the 13 intersections identified in the Subsequent EIR 2)' An increase in the amount of groundwater withdrawn 3) An increase in the generation of wastewater 4) An increase in quantity of stormwater runoff to Llagas Creek 5 ) An increase in demand for police protection 6) An increase in demand for school services With regard to the remaining cumulative impacts identified above, specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the subsequent environmental impact report. (See Statement of Overridina Considerations, below.) .. . EXHIBIT B MOBX~1UlfQ PROORllH O'CONNELL RANCH FINAL SUBSEQUENT EIR A ~tigation monitoring program has been designed for mitigation measures that woudd reduce the significant impacts resulting from the proposed project to a lesa than significant effect. Monitoring procedures and the individuals or agencies responsible for their implementation are identified on the following pages for each impact and mitigation measure. Monitoring procedures are not applicable to signxficant unavoid~le impacts,' or to those impacts that are less than significant. (NOTE: FOR FULL WORDING OF CODED MITIGATION MEASURES, REFER TO EXHIBIT A.) Land Use MONITORING PROGRAM: (LU-l through LU-4) The Cilroy Planning Director shall ensure the open space mitigation described above is implemented by reviewing the development plans prior to issuance of a grading permit. . After completion of grading, the Gilroy Planning Director shall prepare a report documenting compliance with the above described mitigation. Geology MONITORING PROGRAM: (G-l) The Gilroy Public Works Director shall ensure that grading impacts are limited and reduced through the implementation of the mitigation described. The Gilroy Planning Director will review the devel- opment plans and determine that they incorporate the described mitigations, prior to issuance of a grading permit. After completion of grading, the Gilroy Public Works Director shall preparing a report documenting compliance with the above described mitigation. MONITORING PROGRAM: (G-2) The Gilroy Public Works Director will review and approve the geotechnical and soils investigations that provide the engineering specification for grading, roadway design, foundation design, and placement of structures. Prior to issuance of any grading or building permit, the Gilroy Director of Public Works will review grading plans and plans for structural foundations and footings, to insure that ~hey conform with the recommendations of geotechnical and soils .lnves~igatiQns. The City.Puhlic Works Director shall inspect the site prior, during, and after construction to ensure that the construction is completed in accordance wi~h the approved MONITORING PROGRAM: (G-3) The Gilroy Public Works Director will review the erosion control plan to ensure adequate erosion control', prior to issuance of a grading permit. The Public Works Director will periodically inspect the grading and construction operation to ensure conformance with the grading plan and the erosion control plan. At a minimum, the grading operation will be inspected in September during the construction phase of the project, to ensure that erosion control measures are in place prior to the rainy season. , . . MONITORING PROGRAM: (G-4) The Gilroy Public Works Director will review and approve the geotechnical, soils, and foundation investigations that provide the engineering specification for grading, foundation design, and placement of structures. Prior to issuance of any grading or building permit, the Gilroy Director of Public Works will review grading plans and plans for stru~ural foundation .and footing to insure that they conform with the recommendations of geotechnical and soils investigations. The City Public Works Director shall inspect the site prior, during, and after construction to ensure that the construction is completed in accordance with the approved plans. VegetatioD aDd Wildlife MONITORING PROGRAM: (VW-l) The Gilroy Planning Director will review devel- opment plans and determine that the mitigation measures described above are incorporated into the project before approval of the plan. MONITORING PROGRAM: (VW-2) The Gilroy Planning Director will review the landscaping plans to verify inclusion of the above mitigations. The Planning Director will inspect the site after installation of landscaping and confirm that the mitigation has been implemented. The site will be reinspected on an annual basis for three years to assure that there is a 75' survival rate of the landscape trees and that dead trees are replaced as necessary to achieve the 75' survival rate. MONITORING PROGRAM: (VW-3) The Gilroy Planning Director will review devel- opment plans and determine that the mitigation measures described above are incorporated before approval of the plan. MONITORING PROGRAM: (VW-4) The Gilroy Planning Director will review devel- opment plans and determine that the mitigation measures described abcve are incorporated before approval of the plan. The Gilroy Public Works Director will conduct periodic inspections of the grading operation to ensure that the seasonal riparian habitat designated for preservation is not disturbed by construction activities. MONITORING PROGRAM: (VW-5) The Monitoring Program is included in the Miti- gation Plan to ensure that the site conditions remain suitable for California tiger salamander habitat. Site conditions that will be monitored include: breeding ponds, upland habitat, sala~ander barriers and tunnels, and off-road vehicle fencing. This Monitoring Program will entail examination of the salamander habitat, as well as monitoring the numbers of larval salamanders. In addition, the roads adjacent to and within the project site will be mon- itored for dead salamanders. Specific monitoring activities are described on pages 24 through 33 of Appendix L. An annual report will be prepared and submitted to the Department of Fish and Game for each year of monitoring. The Gilroy Planning Director will review development plans and determine that the mitigation measures described above are incorporated before approval of the plan. . . Visual and Aesthetics MONITORING PROGRAM: (VA-l) The Gilroy Planning Director will review (under Design Review) site design, architectural plans, and landscaping plans to assure that visual impacts are adequately mitigated, prior to issuance of any grading or building permit. MONITORING PROGRAM: (VA-2) The Gilroy' Planning Director will review all project landscaping plans prior to issuance of any development pe~ts. MONITORING PROGRAM: (VA-3) The Gilroy Planning Director will review the location of the proposed access roads and water tanks prior to the issuance of any development approvals. Drainage and Flooding MONITORING PROGRAM: (DF-1) The Gilroy Public Works Department will review and approve the proposed project drainage plans for compliance with the City's drainage requirements, which include the provision for surface drainage of each lot to the street, or a storm line, or a dedicated drainage channel that discharges to Uvas Creek. MONITORING PROGRAM: (DF-2) The City of Gilroy Public Works Department will review and approve the project drainage plans before the issuance of improve- ment permits. Drainage plans will be required to comply with the City of Gilroy's drainage criteria. The type and extent of drainage improvements will be evaluated as part of the project design review process. MONITORING PROGRAM: (DF-3) The City of Gilroy Public Works Department will review and approve the project drainage plans and golf course irrigation plan before the issuance of improvement permits~ Drainage plans will be required to comply with the City of Gilroy's drainage criteria. MONITORING PROGRAM: (DF-4) The applicant would be required to contribute fees to a maintenance district as a condition of project approval. The City of Gilroy Public Works would determine the additional expenditures associated with hillside maintenance, and would then divide the proper assessment by the number of dwelling units approved as part of the project. Cultural Resources MONITORING PROGRAM: (CR-l) The Gilroy Planning Director will review project plans and verify that the site design avoids excavation in the area of arch- aeological sites. In areas where grading could affect archaeological re- sources, the project grading permit will include a provision for a qualified archeological monitor and Native American Observer to be present during the earthmoving activities on the archaeological site~ The grading permit will include a provision specifying that, in the event that cultural resources are disturbed, a sample of the impacted resources will be recovered and recorded in accordance with current professional archaeological practices. MONITORING PROGRAM: (CR-2) The Gilroy Planning Director will insure that the above mitigation measures are made a condition of development approvals~ . . TrlUUlport:a~ioD MONITORING PROGRAM: (T-1) The Gl.lroy Planni.ng Director will revl._ the developmen~ approvals ~o i.nsure ~ha~ ~hey provide for mi~iga~ion l.n IDne of ~he following ways: 1) The mitigation is implemented by the project ,applican~ by the cQmpletion of ~he last phase of development, or 2) The mitigation will be implemen~ed by Ca1trans or o~he%S by the ~OIDple~ion of the last phase of development, or 3) Fundi.ng for the mitigation is included as part of a traffic i1Dp~ fee and Gilroy will construct improvements by completion of cOmltruction of the last phase of the project. ~ MONITORING PROGRAM: (T-2) development approvals and described above. The Gilroy Public Works Director will revl.ew the veri.fy that they include the mitigation lDeasure MONITORING PROGRAM: (T-3) The Gilroy Director of Public Works will ensure that the traffic impact fee in effect at the tilDe of developmen~ approval is a condition of project approval. MONITORING PROGRAM: (T-4) The applicant would be required to contribu~e fees to a maintenance district as a condi~ion of project approval. The City of Gilroy Public WOrks would determi.ne ~he additional expenditures associated with hillside maintenance, and would then divide the proper assessment by the number of dwelling units approved as part of the project. Noise MONITORING PROGRAM: (N-l) The Gilroy. Planning Director will condition issuance of project building permits to the project's compliance with the City's indoor and outdoor noise level guidelines. MONITORING PROGRAM: (N-2) The Gilroy Planning Director will review grading and building permits to ensure that they include the mitigation measures described above. Air' Quality MONITORING-PROGRAM: (AQ-l) The Bay Area Air Quality Management District, together with the State Department of Motor Vehicles, will condition the issuance of vehicular registration renewals to the inspection and emissions testing of vehicles. The City of Gilroy Department of Planning and the Department of Public Works will review the project site plans and ensure that bikeways, pedestrian paths, and facilities providing access to public transit are included in the project. . . MONITORING PROGRAM: (AQ-2) The Gilroy'public Works Director will review and approve dust control measures as conditions of uhe grading permit. To ensure that construction mitigation is implemented, fi~al project approval would be conditioned upon the receipt of a satisfactory 40nstruction mitigation plan from the developer/contractor. This plan wouldlspecify the methods of control that will be utilized, demonstrate the ,availability of equipment and per- sonnel, and identify a responsible individual w'o, can authorize additional measures, if warranted. WasteWater Treatmeat 'MONlTORING PROGRAM: (WT-l) The design and opotation of wastew"ter treatment facilities and use of reclaimed wastewater for ~rrigation purposes is subject to the requirements of Title 22 of the:California Administrative COde, admin- istered by the Regional Water Quality Control Board. The Regional Water Quality Control Board will review and approve. the design and operation plans for the wastewater treatment facility, 'and receive scheduled effluent monitor- ing data to ensure compliance with reclaimed wastewater quality standards. '- MONITORING PROGRAM: (WT-2) The golf course greenskeeper will be responsible for maintaining proper irrigation practices and ensuring that the golf course turf and landscaped areas are not overwatered. The greenskeeper'will prepare an annual report summarizing the success in preventing the runoff of excess irrigation water. The Director of Public Works will review this annual report and periodically inspect the irrigation operation. MONITORING PROGRAM: (WT-3) The design and size of the wastewater storage reservoirs will be reviewed and approved by the Gilroy Public Works Director prior to issuance of building permits. MONITORING PROGRAM: (WT-4) The design of the wastewater storage reservoir will be subject to the review of the Gilroy Public Works Director and the Regional Water Quality Control Board official. Monitoring of groundwater quality would be reviewed by the Regional Water Quality Control Board. MONITORING PROGRAM: (WT-5) The design and construction of the satellite wastewater treatment facility will be reviewed by the Gilroy Public Works Director and Regional Water Quality Control Board official. The wastewater treatment plant will be required to meet current earthquake safety criteria for a public facility. The final wastewater treatment mitigation will be subject to the review and approval of the Public Works Department. A project sewer master plan will be required and must be in agreement with the City-wide sanitary Sewer Master Plan. The project sewer master plan must address phasing of the projec~ sewer and be in concert with the project water and storm drainage master plan phasing. MONITORING PROGRAM: (WT-6) The Gilroy Public Works Director will review and approve the plans for the wastewater treatment facility and associated levee prior to issuance of any building permits. . . Service. and Utilities MONITORING PROGRAM: (SU-l) The proposed water system will be required to meet City of Gilroy standards. The Gilroy Public Works Director will review and approve the design of the water system prior to issuance of any improvement approvals. MONITORING PROGRAM: (SU-3) The Gilroy City Fire Chief will review the project plans and confirm that adequate response times can be achieved prior to is- suing occupancy permits. MONITORING PROGRAM: (SU-4) The Gilroy Planning Director will condition ap- proval of the project to the provision of adequate police protection to serve the site. MONITORING PROGRAM: (SU-S) The Gilroy Planning Director will condition proj- ect approvals to include payment of the appropriate school impact fees. If the Gilroy Unified School District determines that the project will impact schools beyond the level offset by school impact fees, the applicant shall, as soon as possible (and before issuance of any building permits), negotiate with the School District and the city and agree to furnish funds and facilities that will fully mitigate such impacts. MONITORING PROGRAM: (SU-6) The Gilroy Planning Director will condition ap- proval of the project upon the dedication of approximately 964 acres to the City of Gilroy for open space use. The City of Gilroy will also condition approval of the project upon the payment of park fees. Future residents of the project will be required to pay County property taxes, a portion of which will be distributed to the local parks and library maintenance. MONITORING PROGRAM: (SU-7) The Gilroy Planning Director will condition ap- proval of the project to the provision of adequate fire protection to serve the site~ The applicant would be required to contribute fees to a maintenance district as a condition of project approval. MONITORING PROGRAM: (SU-8) The applicant may be required to contribute fees to a maintenance district as a condition of project approval. The City of Gilroy Public Works would determine the additional expenditures associated with hillside maintenance, and would then divide the ~roper assessment by the number of dwelling units approved as part of the project. . . ADDENDUM TO THE FINAL SUBSEQUENT ENVIRONMENTAL IMP ACT REPORT FOR THE O'CONNELL RANCH This Addendum addresses revised partial mitigation measures and a change in the project eliminating the proposed construction of a Satellite Wastewater Reclamation Facility ("SWRF") in conjunction with tentative map application TM96-05 and architectural and site approval A/S 96-17 and is prepared pursuant to CEQA Guideline Section 15164. On October 26, 1992, the City Council of Gilroy adopted Resolution No. 92-79 which approved General Plan Amendment GPA 90-04 for the O'Connell Ranch project. In conjunction with the approval and as set forth in Res. 92-79, the City Council found that it had taken all actions required by CEQA for the project and made the findings required by Public Resources Code Section 21081 regarding project impacts and project alternatives. Because only partial mitigation could be provided for some significant effects, the Council also adopted a Statement of Overriding Considerations pursuant to CEQA Guideline 15093. The Council also adopted a mitigation/monitoring program pursuant to Public Resources Code Section 21081.6. The EIR certified for the project expressly included all future discretionary approvals, including tentative map and architectural and site design. Subsequently, tentative map application TM 96-05 and architectural and site application A/S 96-17 have set forth more specific details of the project and caused the City to further review and refine the following mitigation measures imposed as partial mitigation for this project's impacts. I. Unavoidable Significant Effects on Land Use (LU-I) and on Visual and Aesthetic Ouality (V A-2) In Res. 92-79, the City Council found that unavoidable significant effects on land use and on visual and aesthetic quality would likely result from this project in that the open space and visual character of the project site would change with the construction of homes and a golf course. In partial mitigation for these unavoidable impacts, the City Council adopted the following mitigation measures: LU-3 The project will be required to provide a minimum of two access points to the future Uvas Creek Preserve along the Filice property. The future visitors to the preserve, however, will be excluded from the adjacent golf course. V A-2 (in relevant part) Potential visual impacts from Uvas Creek will be reduced . . . by the presence of a trail system on the south side of Uvas Creek, which is part of the Uvas Park Preserve trail system. Upon further consideration, the City Council finds that design standards and risk factors would require the City to construct a significant golf barrier/fence to protect the public utilizing the south side Uvas Creek trail from golf ball injury. This barrier would constitute a new, adverse visual impact of the project. IRPJI31685602 83-091104708002 -1- EXHIBIT Bl . . The City and applicant have considered alternative partial mitigation measures. It was agreed that a Class I trail project would be constructed by the applicant in lieu of the trail easement and two-point access. The applicant has agreed to Master Plan both the future south and north creekside Class I trail connections that will be needed at Santa Teresa Boulevard, and has offered to contribute towards the cost of the north creekside Class 1 trail connection and connect it downstream to the end of the existing north creekside Class I trail in Uvas Creek Park Preserve. (See the Class I trail connection plans and conditions called out on Sheet 13 of the NS96-17 plan set) Replacing partial mitigation measures LU-3 and V A-2, the following measure as partial mitigation and the accompanying mitigation/measuring program is adopted: Public Path. Agreement between the Developer and the City. The Developer shall pay the costs of Master Planning and constructing the Class I trail segment according to the City's specifications from the western terminus of the Uvas Creek Trail to Santa Teresa Boulevard, in lieu of providing a 35 foot Uvas Creek Trail easement with two access points along the Eagle Ridge frontage. The amount and form of payment shall be determined by the City Engineer. The Developer has agreed to Master Plan to the City's specifications both the future south and north creekside Class 1 trail connections that will be needed at Santa Teresa Boulevard. The Developer has agreed to pay the costs of the future north side Class I trail connection including the Santa Teresa Boulevard connection which will be connected to the existing Class 1 trail that terminates at Laurel Drive and Uvas Park Drive. The north side trail connection will be constructed by the City of Gilroy as part of the City of Gilroy's Uvas Creek Park Preserve - Phase II project The south side Class I trail connection will be a future City improvement The City of Gilroy will assume responsibility for easement and/or acquisition of property for the Class I trail connection. Mitigation/monitoring program: The above mitIgation is a condition of TM96-05. The Gilroy City Engineer will require compliance prior to final map approval. In partial mitigation for unavoidable significant effects on land use, the City Council also adopted the following: LU-2 (in relevant part) ... the City will require that a maintenance district, land trust, endowment, or some other type of district be IRPJI316856.02 63.091104706002 -2- . . established to ensure maintenance of the hillside open space areas on the project site, as a condition of project approval The City has now determined that in order to control open space dedicated to the public, it will maintain or designate another agency to maintain the public open space. In partial mitigation, the following mitigation measures and mitigation/monitoring plan are adopted: Prior to City acceptance of the public open space, the applicant shall work with the City to help resolve the issues of operation and maintenance of the public open space, including the possible need for funding and related options which may include, but are not limited to: a maintenance district, land trust, endowment or some other type of district acceptable to the City. The Developer shall establish a 30-foot wide fire easement on all "B" lots that back up to a hillside. Easements shall provide physical accessibility for fire fighting equipment such as trucks and crawler- type tractors. Provisions shall be made in the CC&Rs to install and maintain appropriate landscaping for fire zones and shall include permanent irrigation by the Homeowners Association. Such improvements shall be subject to review and approval by the Fire Marshal. Mitigation/monitoring program: These measures are conditions of approval of TM96-05. The City Engineer shall approve prior to approval of final map the disposition of maintenance of the public open space and the Fire Marshal shall review and approve the plans for fire fighting improvements prior to approval offinal map. II. Potential Significant Effects on Water Oualitv (WT-1. WT-5 and WT-6) In Res. 92-79, the City Council found that potential significant effects on groundwater contamination could likely result from the processing of sewage on-site in the Satellite Wastewater Reclamation Facility. In mitigation of impacts, the City Council adopted the following mitigation measures: WT-l The project will design and operate the wastewater treatment facility in a manner that guarantees production of high quality effluent that conforms to Title 22 of the California Administrative Code. Conformance with Title 22 will, thereby, ensure compliance with Order No. 85-82 which prohibits nitrate impacts on groundwater. WT-5 The SWRF has been designed to withstand natural disasters. The project would not be impacted by seismic events, since no faults, active or otherwise, are known to traverse the SWRF site. IRPJI31685602 83.091104708002 -3- . . WT -6 The project will mitigate potential flooding impacts by constructing a levee to the northeast of the reclamation plant to an elevation of 219 feet. This levee will adequately protect the SWRF from the 100 year flood. At the time that the Subsequent Final Environmental Impact Statement for the O'Connell Ranch was prepared, the capacity of the Gilroy-Morgan Hill Wastewater Treatment Plant was either being used or committed, which necessitated the need for the SWRF. Subsequently, a new wastewater plant was constructed and capacity has been made available. The project will now hook up to municipal sewage service. This change precludes the need for the SWRF, and eliminates the impacts that would have been caused by that component of the project. Therefore, the aforementioned mitigation measures are no longer required by the City. The City finds that the use of an Addendum is appropriate because only a few minor changes in mitigation measures are necessary and the conditions calling for a subsequent EIR pursuant to CEQA Guideline 15162 do not exist in that there are no new significant effects or substantial increases in the severity of previously identified significant effects or changed circumstances or major changes in the project or mitigation measures which impact the environment. In fact, the changes lessen or eliminate the potential for adverse environmental impacts. For example, the change to the project from an on-site package sewage treatment plant to connection with the new wastewater treatment plant eliminates several adverse, environmental impacts of the project, including the risk of nitrates leaching into the groundwater, the risk of contamination to Uvas Creek in the event of a cataclysmic disaster to the SWRF, and any risk of flooding the SWRF in the event of a 100 year flood. Therefore, in light of the whole record and on the basis of all of the evidence before it, the City Council expressly finds that while the foregoing changes or additions are necessary, none of the conditions described in CEQA Guideline 15162 calling for preparation of a subsequent ErR have occurred. IRPJI316856.02 63.091104706002 -4- . . ExhibR "C", Page 1 of 2 EXHIBIT "C" CONDITIONS OF APPROVAL FOR A1S 96-05 EAGLE RIDGE PROJECf 1. MITIGATION MEASURES as revised from the project Environmental Impact Report (ElR), shall be applied to the PUD approval. 2. For each approved build-out year (1997 through 2005), the developer will be allowed to receive building permits, for individual homes, in number corresponding directly to the amount granted to the project by the City Council under the 1992/1994 RDO allocations (RD 92-03 and RD 94-01). 3. The construction of individual homes shall comply with the provisions of Zoning Ordinance Section 5.50, entitled "Site Design Requirements", pertaining to proposed individual dwelling unit designs, subject to the review and approval by the Community Development Department. 4. Landscaping plans shall include golf course and landscaping maintained by the future homeowners association. Landscaping plans including specifications for an irrigation system shall be approved by the Planning Division in accordance with the adopted Consolidated Landscaping Policy, prior to issuance of a building permit. The landscaping shall be continuously maintained in an orderly, live, healthy, and relatively weed-free condition, in accordance with the adopted Consolidated Landscaping Policy and the approved specific landscape plan. 5. The development of all single family lots designated as "estate" on submitted PUD design plans shall be subject to the Architectural & Site Review approval by staff, and shall be consistent with the Ciy's Hillside Development Guidelines and Zoning Ordinance. 6. The development of the proposed golf course club house and associated improvements shall be subject to the Architectural & Site Review approval by staff, and shall be consistent with the Ciy's Zoning Ordinance. 7. Potential development improvements, involving private open space lands, for potential access to the Santa Clara County Trails Master Plan, as part of the Bay Area Ridge Trail system, shall be reviewed by the Planning Commission, Parks & Recreation Commission, and the City CounciL The Reservoir Canyon access location shall be considered first priority. CONDITIONS OF APPROVAL EAGLE RIDGE - AlS 96-17 EXHIBIT C - PAGE 1 OF 2 . . Exhibit "C", Page 2 of 2 8. Specific language shall be incorporated within the project CC&R's to strictly regulate the construction of replacement fencing along Santa Teresa Boulevard and requiring adequate landscape screening of year yards, In addition, all fence replacement shall be maintained by the project homeowner's association, 9. The applicant shall replace all trees removed from the site using a minimum replacement ratio of 3: 1, with a minimum tree size of 15 gallons, subject to the review and approval by the Community Development Department. 10, The final golf course design (to include grading) and specific location for all improvements shall be subject to the review and approval by the Community Development Department. 11. All water (potable, recycled, or other) features, ponds, and holding facilities, and their specific location, shall be subject to the review and approval by the Community Development Department. 12, All security gate locations, features, and landscaping (both occupied and un-occupied), shall be subject to the review and approval by the Community Development Department. 13, All homeowner's association facilities (both occupied and un-occupied), shall be subject to the review and approval by the Community Development Department. 14, House elevation and designs used for the serpentine knoll, shall be subject to the review and approval by the Community Development Department. CONDITIONS OF APPROVAL EAGLE RIDGE -A1S 96-17 EXHIBIT C - PAGE 2 OF 2 , . . . I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 96-57 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 3rd day of September, 19~, 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 5th day of September 19 96. (Seal)