Resolution 2001-10
RESOLUTION NO. 2001-10
RESOLUTION NO. 2001-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING TM 00-08, A TENTATIVE MAP TO
CREATE FOURTEEN LOTS FOR A SENIOR CITIZEN
HOUSING PROJECT ON APPROXIMATELY 22.3 ACRES
LOCATED ON THE SOUTHWEST CORNER OF SANTA
TERESA BOULEVARD AND HECKER PASS HIGHWAY,
APN 810-21-006.
WHEREAS, Coastal Rim Properties ("Applicant") submitted TM 00-08, requesting a
Tentative Map to subdivide a 22.3-acre lot identified as APN 810-21-006 into fourteen (14)
lots; and
WHEREAS, the property affected by TM 00-08 is located on the southwest corner of
Santa Teresa Boulevard and Hecker Pass Highway; and
WHEREAS, in accordance with CEQA, a Negative Declaration was adopted by the City
Council on February 27, 2000, including twenty-five (25) mitigation measures for a similar
project in connection with Zone Change request Z 99-04, which Negative Declaration has been
determined to include this project; and
WHEREAS, the Planning Commission held duly noticed public hearings on December 7,
2000 and on January 4, 2001, at which it considered this project and voted to recommend
approval ofTM 00-08 to the City Council with certain additional conditions; and
WHEREAS, the City Council held duly noticed public hearings on January 16, 2001 and
February 5, 2001, at which time the City Council considered the public testimony, the Staff
Report dated "REVISED January 9, 2001," and all other documentation related to application
TM 00-08; and
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RESOLUTION NO. 2001-10
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this project approval is based is the office of the
City Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council [mds as follows:
1. The project is consistent with the land use designation and relevant
policies ofthe General Plan.
2. The project is consistent with the Zoning Ordinance, the City's
Subdivision and Land Development Code, and the State Subdivision Map Act.
3. There are no facts to support findings requiring denial of the proposed
tentative map pursuant to California Government Code section 66474.
4. There is no substantial evidence in the record that this project as mitigated
will have a significant effect on the environment.
B. Tentative Map TM 00-08 should be and hereby is approved, subject to:
1. The thirty (30) Tentative Map conditions and condition I listed under
"Zone Change Conditions" as set forth in Exhibit A which is attached hereto and
incorporated herein by this reference.
2. The twenty-five (25) mitigation measures set forth in the Negative
Declaration and the MitigationIMonitoring Program adopted herewith, as set forth
in Exhibit B which is attached hereto and incorporated herein by this reference.
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RESOLUTION NO. 2001-10
C. This approval is effective on the date that the zoning ordinance approving Z 00-07
becomes effective. Should said ordinance fail to take effect, then this approval is null and void
without further action by the City.
PASSED AND ADOPTED this 5th day of March, 2001 by the following vote:
AYES:
COUNCILMEMBERS:
G. ARELLANO, P. ARELLANO,
MORALES, SPRINGER
PINHEIRO, SUDOL
VELASCO
NOES:
ABSENT:
COUNCILMEMBERS:
COUNClLMEMBERS:
APPROVED:
-7h(~ l.-,J ~
Thomas W. Springer, MHor
ATI~ .)
~'.1flui,- f/;{u~~:
Rhonda Pellin, City Clerk
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EXHIBIT A
Zone Change Conditions
1. The 4.8"= acre estate lot depicted on the site plan shall not be further subdivided. This
lot shall be restricted to the development of one residence, and other structures as
approved by the City Council through the Planned Unit Development process. This
condition shall be subject to enforcement by the Planning Division.
Tentative Map Conditions
1. Mitigation Measures 1 through 25 contained within the Negative Declaration for this
project shall be applied to the approval of the project. Implementation of the
mitigation measures will reduce and/or eliminate all potential significant impacts to a
level of insignificance, as required under the California Environmental Quality Act
(CEQA), subject to the review and approval of the Planning Division.
2. Approval of this project shall be subject to the applicant obtaining approval of Zone
Change application Z 00-07.
3. Street improvements and the design of all storm drainage, sewer and water lines, and
all street sections and widths shall be subject to the review and approval of the
Engineering Division.
4. All utilities to, through, and on the site shall be constructed underground, in
accordance with Municipal Code Section 21.120, subject to the review and approval
of the Engineering Division.
5. Prior to Council approval of the Tract Map and Improvement Plans, the following
items will need to be completed subject to review and approval by the Engineering
Division:
A. A signed original composite plan by the electrical design engineer shall be a
part of the improvement plans;
B. A letter from the subdivision design civil engineer shall be prepared which
states that the composite plan agrees with City Codes and Standards and that
no underground utility conflict exists;
C. "Will Serve Letters" from each utility company for the subdivision shall be
supplied to the City; and
D. The plan check and inspection fee for the utility underground work will be
collected by the City.
EXHIBIT A
6. Prior to any construction of the utilities in the field, the following will need to be
supplied to the City, subject to review and approval by the Engineering Division:
A. A signed and PG&E-approved original electric plan; and
B. A letter from the design Civil Engineer that states the electrical plan
conforms with City Codes and Standards and to the approved subdivision
improvement plans.
7. All improvements are to be done per City of Gilroy Standards, subject to the approval
of the City Engineer.
8. All retaining walls must be constructed of permanent materials such as concrete or
masonry, and shall be of a modular design; wood shall not be permitted. This shall be
subject to review and approval by the Engineering Division.
9. All grading operations and soil compaction activities shall be per the approved soils
report and shall meet with the approval of the City Engineer. Grading plans shall
show grades of all adjacent properties, and shall be subject to the approval of the
Engineering Division.
10. All lots shall drain to the street for storm drainage, subject to the review and approval
of the Engineering Division.
II. The developer shall provide joint trench composite plans for the underground
electrical, gas, telephone, cable television, and communication conduits and cables
including the size, location and details of all trenches, locations of building utility
service stubs and meters and placements or arrangements of junction structures as a
part of the Improvement Plan submittals for the project. The composite drawings
and/or utility improvement plans shall be signed by a licensed civil engineer. This
shall be subject to the approval of the Engineering Division.
12. The developer shall negotiate rights-of-way with Pacific Gas and Electric and other
utilities, subject to review and approval by the Engineering Division and the utility
companies.
13. With the exception of lots that received an exemption from the application of the
City's Residential Development Ordinance (RDO) (City Zoning Ordinance Sections
50.60 et seq.), no building permit shall be issued in connection with this project if the
owner or developer of such development (i) is not in compliance with the RDO, any
conditions of approval issued in connection with such development, or other City
requirements applicable to such development; or (ii) is in default under any
agreement entered into with the City in connection with such development pursuant
to the RDO.
EXHIBIT A
14. Subdivider shall defend, indemnifY, and hold harmless the City, its City Council,
Planning Commission, agents, officers, and employees from any claim, action, or
proceeding against the City or its City Council, Planning Commission, agents,
officers, or employees to attack, set aside, void, or annul an approval of the City, City
Council, Planning Commission, or other board, advisory agency, or legislative body
concerning this subdivision. City will promptly notifY the subdivider of any claim,
action, or proceeding against it, and will cooperate fully in the defense. This
condition is imposed pursuant to California Government Code Section 66474.9.
15. All existing water wells shall be sealed to meet the approval of the City Engineer and
the Santa Clara Valley Water District (SCVWD).
16. A SCVWD permit is required for any construction within 50 feet of Uvas Creek.
Improvement plans should be sent to the district, and should show grading, drainage,
landscaping and fencing. All plans shall be subject to review and approval by the
SCVWD.
17. Site grading should be done such that there is no overbank drainage into the creek,
subject to review and approval by the SCVWD.
18. The Santa Clara Urban Runoff Pollution Prevention Program's recommended Best
Management Practices should be incorporated into the design layout, to the extent
possible, subject to the review and approval of the SCVWD.
19. The design of the site should incorporate water quality mitigation measures such as
those found in "Start at the Source, Design Guidance Manuel for Stormwater Quality
Protection," subject to the review and approval of the SCVWD.
20. The developer will be required to obtain a National Pollutant Discharge Elimination
System (NPDES) General Permit for Storm Water Discharge Associated with
Construction Activity from the State Water Resources Control Board, subject to
review and approval by the SCVWD and the State Water Resources Control Board.
21. This project shall be subject to the conditions of approval for the approved Affordable
Housing Exemptions from the RDO (M 98-12). This shall be subject to the review
and approval of the Planning Division.
22. The applicant shall provide a temporary trail easement to the City, pending dedication
of the proposed park site. This shall be subject to the review and approval of the
Parks Development Division.
EXHIBIT A
23. Fire hydrants shall be spaced so as not to exceed ISO feet to any point of a building.
Minimum ire flow shall be 1500 gpm/2 hours. Hydrant locations and water main
sizing shall be subject to approval by the Building, Life and Environmental Safety
Division, prior to the issuance of any building permits. Equipment and staffing shall
be provided for watering of all exposed or disturbed soil surfaces at least twice daily.
An appropriate dust palliative or suppressant, added to water before application, shall
be utilized, subject to review and approval by the Building, Life, and Environmental
Safety Division.
24. An all-weather access road for fire engines shall be provided before commencing any
combustible construction. Fire hydrants shall also be installed and maintained before
combustible construction begins. This condition shall be subject to the review and
approval of the Deputy Fire Marshal.
25. The applicant shall obtain Planned Unit Development Architectural and Site approval
prior to Final Map recordation, subject to the review and approval of the Planning
Division.
26. All construction activities shall be limited to weekdays between 7 a.m. and 7 p.m. and
to Saturdays and City holidays between 9 a.m. and 7 p.m. No construction is allowed
on Sundays.
27. The applicant shall implement the following traffic improvements:
A. In conjunction with the Santa Teresa Boulevard widening project, activate
the second southbound Santa Teresa Boulevard to eastbound First Street left
turn lane. Minor widening of First Street east of Santa Teresa Boulevard will
be required for this improvement.
B. Prepare ultimate geometrics for Hecker Pass Road. The purpose of said
geometries is to establish the ultimate right-of-way to be dedicated to the
City of Gilroy along the project frontage.
C. Design the intersection of the Santa Teresa Boulevard/northerly access road
intersection as a right in/right out intersection. Provide a raised median on
Santa Teresa Boulevard to prohibit left turn movements at this intersection.
Provide right turn deceleration and right turn acceleration lanes on
southbound Santa Teresa Boulevard at the northerly access road. The design
of this intersection will be subject to review by the County of Santa Clara and
the City of Gilroy.
EXHIBIT A
D. In conjunction with construction of the westerly leg of Third Street at Santa
Teresa Boulevard, provide a left turn lane on the northbound intersection
approach, right turn deceleration and acceleration lanes on southbound Santa
Teresa Boulevard and signalize the intersection. The design of this
intersection will be subject to review by the County of Santa Clara and City
of Gilroy.
E. Construct frontage improvements along Santa Teresa Boulevard as required
by the City of Gilroy and County of Santa Clara.
F. Provide a facility for pedestrians on the west side of Santa Teresa Boulevard
along the project frontage with a connection to the existing Uvas Creek Trail.
G. The project applicant should work with VIA to provide transit service
directly to the site. At least one transit stop should be provided on the project
site with the location to be coordinated between the applicant, VT A, the
County of Santa Clara, and the City of Gilroy. The transit stop should be
designed to VT A standards.
H. The applicant shall provided cross access easements between lots within this
subdivision as required by the Engineering Division, prior to Pinal Map
approval.
28. The applicant shall dedicate a 20,00lli square foot parcel at the northeast corner of
Hecker Pass Highway and Santa Teresa Boulevard to the City for use as a City entry
statement prior to Pinal Map approval. This shall be subject to the review and
approval of the Planning and Engineering Divisions.
29. The applicant shall dedicate to the City the 1.7"= acre parcel adjacent to the Uvas
Creek Park Preserve prior to Final Map approval of this development's first phase.
This shall be subject to review and approval by the Planning and Engineering
Divisions.
30. The Hecker Pass Specific Plan committee shall be allowed to have input into this
project with regard to the design of the assisted living facility and the landscaping
adjacent to Third Street. Ultimate building design and landscaping improvements
shall be subject to the review and approval of the Planning Division. Significant
changes to the design shall be reviewed through the Planned Unit Development
process.
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
(408) 846-0440
EXHIBIT B
Community Development Department
Planning Division
NEGATIVE
DECLARATION
City File Number: Z 99-04, TM 99-12, A/S 99-28
Proiect DescriDtion:
Name of Project:
Nature of Project:
Village Green
Construction of a Senior Housing project composed of: a) 72 single family
homes, c) 72 condominiums, d) 75 apartment units, e) a senior care facility,
and f) retail commercial area.
Proiect Location:
Location: Southwest comer of Santa Teresa Boulevard and Hecker Pass
Highway
Assessor's Parcel Numbers: 810-21-006
Entity or Person(s) Undertakinl! Proiect:
Name:
Address:
Spectrum Group
One Technology Drive, Suite J-703, Irvine, CA 92618
Initial Study:
An Initial study of this project was undertaken and prepared for the purpose of ascertaining
whether this project might have a significant effect on the environment. A copy of this study is on
file at the City of Gilroy Planning Department, 735 I Rosanna Street, Gilroy, CA 95020.
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Findine:s & Reasons:
The Initial Study identified potentially significant effects on the environment. However, this
project has been mitigated (see Mitigation Measures below which avoid or mitigate the
effects) to a point where no significant effects will occur. There is no substantial evidence
the project may have a significant effect on the environment. The following reasons will
support these fmdings:
1. The proposal is a logical component of the existing land use of this area
2. Identified adverse impacts are proposed to be mitigated through preparation of special
studies, and construction of off-site improvements.
3. The proposed project is consistent with the adopted goals and policies of the General Plan
of the City of Gilroy.
4. City staff independently reviewed the Initial Study, and this Negative Declaration reflects
the independent judgement of the City of Gilroy.
Mitie:ation Measures:
1. The applicant shall contract with a qualified soils engineer to prepare a soils engineering
report regarding site development, grading, and soil erosion, especially as it relates to runoff
to Uvas Creek. Recommendations in the report shall be incorporated into the fmal project
plans. The report, as well as the final improvement plans, shall be prepared and submitted to
the city Engineering Division for review and approval prior to approval of the fmal map.
2. The applicant shall provide for the design and installation of the storm drain improvements
per the requirements of the City of Gilroy Flood Control Design Manual and Local Drainage
Manual. This shall be subject to the review and approval of the city's Engineering Division
and the Santa Clara Valley Water District (as it pertains to any direct Uvas Creek discharge
from the property). The applicant shall also obtain the necessary permits relating to work and
discharge in streams from the California Department ofFish and Game, United States Army
Corps of Engineers, and the Regional Water Quality Control Board. The storm drain plan
shall be reviewed and approved by the above federal and state agencies, the city's
Engineering Division, and the SCVWD prior to approval of the final map.
3. The applicant shall submit a Notice oflntent to the Central Coast RWQCB prior to obtaining
a grading permit from the city. This permit will require development and implementation of
a Storm Water Pollution Prevention Plan (SWPPP) that uses storm water "Best Management
Practices" (BMP) to control runoff, erosion and sedimentation from the site. The SWPPP has
two major objectives: (1) to help identify the sources of sediments and other pollutants that
affect the quality of storm water discharges, and (2) to describe and ensure the
implementation of practices to reduce sediment and other pollutants in storm water
discharges. The SWPPP must include BMP, which address source reduction and, if
Revised Negative Declaration
Village Green
3
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necessary, shall include practices, which require treatment. Integral to the NO! process is
submittal of engineering designs. The SWPPP will be submitted to the City Engineering
Division and the Santa Clara Valley Water District for review and approval prior to approval
of the fmal map.
4. Preparatory to development of an access road and frontage improvements on Highway 152,
the applicant shall prepare short-range and long-range concept plans for Hecker Pass
Highway and Santa Teresa Boulevard across the project frontage and including the Hecker
Pass Highway/Santa Teresa Boulevard/First Street intersection for review by the City of
Gilroy, County of Santa Clara and CalTrans. The proposed conceptual design plans for the
Santa Teresa BoulevardlHecker Pass HighwaylFirst Street intersection should be consistent
with intersection design plans previously prepared for the intersection. A conceptual ultimate
design plan for the intersection was prepared in conjunction with the development application
for the South Valley National Bank project.
5. Design the Santa Teresa Boulevard/northerly access road intersection as a right in/right out
intersection. Provide a raised median on Santa Teresa Boulevard to prohibit left turn
movements at this intersection. Provide a right turn deceleration lane and a right turn
acceleration lane on southbound Santa Teresa Boulevard at this location.
6. Construct frontage improvements along Santa Teresa Boulevard and Highway 152.
I'
7. Provide improvements at the Santa Teresa BoulevardlHecker Pass HighwaylFirst Street
intersection, as required, to allow U-turn movements from the eastbound Hecker Pass
Highway and northbound Santa Teresa Boulevard intersection approaches.
8. The applicant shall provide a pedestrian sidewalk improved to City standards on the west side
of Santa Teresa Boulevard along the project frontage with a connection to the existing Uvas
Creek Trail. A sidewalk shall also be provided along the south side of Highway 152 between
the project driveway and Santa Teresa Boulevard. This shall be subject to the review and
approval of the City Engineering Division and the County of Santa Clara.
9. The project applicant shall work with VTA to provide transit service directly to the site. It is
desirable that at least one transit stop shall be provided on the project site with the location to
be coordinated between the applicant and VTA. The transit stop shall be designed to VTA
standards.
10. The following control measures shall be incorporated into any permits issued for the
proposed project:
a. Water all active construction areas at least twice daily or more often as necessary to
prevent dust from becoming airborne and leaving the site;
b. Cover all trucks hauling soil, sand and other loose materials, or require all trucks to
maintain at least two feet of freeboard;
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c. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved
access roads; parking areas and staging areas at construction sites;
d. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas
at construction sites;
e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent
public streets;
f. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously
graded areas inactive for ten days or more);
g. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles
(dirt, sand, etc.);
h. Limit traffic speeds on unpaved roads to 15 mph;
I. Install sandbags or other erosion control measures to prevent silt runoff to public
roadways;
J. Replant vegetation in disturbed areas as quickly as possible.
11. Construct a solid noise barrier along Santa Teresa Boulevard along the east side of the project
site. The required height of the noise barrier shall depend on the fmal elevations of the
project site after grading and the fmal site design. Currently, the project site is approximately
two feet above Santa Teresa Boulevard at its northern end and transitions to about five feet
below the roadway at its southern end. If it is assumed that the fmal elevation of the site is
the same as Santa Teresa Boulevard and ground-level outdoor activity areas are 100 feet from
the road center, a six-foot-high noise barrier would reduce worst-case future traffic noise
levels to about 60 dB Ldn, thereby satisfYing the city's exterior noise levels standard. It is
also assumed that the configuration of Santa Teresa Boulevard is unchanged. If fmal
elevations, site design or road configurations are different than assumed above, a six-foot
barrier may not adequately reduce noise levels at ground-level outdoor activity areas. When
final site elevations and site design are available, the required height of noise barriers should
be re-calculated based on the planned configuration of Santa Teresa Boulevard.
A determination of the appropriate fmished height of a future noise attenuation wall shall be
determined by the Planning Division through review of site plans. The city shall review
plans and approve the wall height prior to issuance of a grading permit. An additional noise
study may be required to determine the exact height of the sound wall
12. If proposed apartments and condominiums near Santa Teresa Boulevard have upper floor
balconies located within the 60 dB Ldn contour of the roadway (260 feet from road center),
any noise barrier of practical height cannot adequately reduce traffic noise levels in these
outdoor activity areas. If balconies are proposed, they should be located on the sides of
buildings opposite Santa Teresa Boulevard.
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13. To determine if adverse noise impacts may result from proposed commercial uses, an
acoustical analysis shall be conducted prior to approval of any future use at the commercial
center. Mitigation for potentially significant noise levels shall be based on the city's current
noise standards at the time. If determined to be necessary, methods to reduce noise to
acceptable levels shall be integrated into the proposed commercial center use (e.g., noise
attenuation walls, moving potential noise source to opposite side of residential or the senior
assisted living structure, or limiting noise generators to periods of the day when it would
have the least impact. Furthermore, it is feasible that a particular use may not be appropriate
for the site and thus would not be approved by the city). Future uses will be subject to
review and approval by the city's Planning Division.
14. The area between the proposed extension of Third Street and the creek shall be vegetated
with a dense mosaic of native trees and shrubs. The vegetation will filter light from the
development and provide a physical barrier between the development and the wildlife within
the riparian woodland, whereby the integrity of the habitat will be maintained or enhanced.
This shall be integrated into a landscaping plan subject to review and approval by the city
Planning Division, prior to approval of phase II of Village Green.
15. The applicant shall install lighting such that illumination into the riparian woodland does not
occur, subject to review and approval by the city's Planning Division, prior to the city issuing
an occupancy permit.
16. Burrowing owl. Because the site has potential burrowing owl habitat, a survey shall be
conducted per CDFG protocol. To determine if burrowing owls breed on or near the project
site, a burrowing owl survey should be conducted between April 15 and July 15, as per
current CDFG protocols. If burrowing owls are observed during the surveys, the extent of
burrowing owl habitat on the site should be delineated by a qualified wildlife biologist. A
burrowing owl mitigation plan should be prepared that identifies activities to avoid and or
mitigate impacts to the species. This plan will be subject to review and approval by CDFG
and issuance of a Mitigation Agreement between the landowner and CDFG. Currently a I: 1
acreage replacement ratio is recommended by CDFG to offset permanent impacts to
burrowing owl habitat. The land is typically set aside in perpetuity either by a conservation
easement or other mechanism. Construction activities should also be scheduled to avoid
impacts to breeding animals (if present). If pre-construction surveys detect owls on the site
during the non-breeding season, CDFG may authorize owl eviction following approval of a
habitat mitigation plan and issuance of a Mitigation Agreement. Passive relocation
techniques allow the ow Is to vacate their burrows prior to site grading and prevent their re-
entering the site.
17. California horned lark. The grassland and pasture areas shall be surveyed during the spring
to determine if horned larks are nesting on the project site. If horned larks are nesting on the
project site, measures can be incorporated into the project design to avoid impacts to the larks
nesting habitat (i.e., grassland). CDFG shall be consulted regarding suitable mitigation
strategies.
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18. Aquatic Species in Uvas Creek. The portion of Uvas Creek adjacent to the project site is
habitat for steelhead, California red-legged frog, and southwestern pond turtle. To avoid
impacts to these aquatic species, the project shall include appropriate erosion control
techniques during grading to prevent sediment from entering Uvas Creek. Refer to
mitigation 3 above for specific information on a Stormwater Pollution Prevention Plan
pertinent to Uvas Creek.
19. Bats. A qualified biologist should survey the buildings on the site prior to demolition to
determine if bats are roosting in any building. Ifbats are present, CDFG should be consulted
regarding appropriate mitigation measures. Such measures may include: scheduling
construction during the least critical time of year for bats (i.e., in the late summer after young
have been weaned), excluding bats from roosting on the structures prior to demolition by
appropriately timed placement of a barrier, and implementation of a revegetation plan to
replace existing roosts (i.e., planting trees).
20. The biology mitigation measures shall be administered by a qualified professional biologist
paid for by the applicant, who will be a liaison between the city and the responsible state
agency, and any other public agency with jurisdiction over the resources at or adjacent to the
site. Furthermore, this liaison shall provide a written report indicating the date that work
shall commence (i.e., when mitigation measures are implemented) and when the work is
completed, and who and when public agency staff were contacted. The reports shall include,
but not be limited to, a discussion of issues addressed and how they were resolved. The
reports shall be sent to the city's Planning Division, the project applicant and the public
agencies involved.
21. The applicant shall prepare a Phase I study to determine if there was ever the use of toxic
chemicals on the property. If it is determined to be likely that chemicals were used on the
site, a Phase 11 study will be required. This study includes soil samples taken from the site
and tested by a certified laboratory to determine if chemicals known to be hazardous to
human health exist on the site. The Phase II study also includes a risk analysis based on the
parts per million of a particular chemical constituent relative to current public health
standards. If there are chemicals on the site that require remediation, a Phase III report will
be required. This report would include remediation activity. This process (a disclosure
process) is subject to state protocol. All reports shall be submitted to the Planning Division
and shall be prepared prior to the city issuing a grading permit.
22. Conceptual and final project site, architectural and landscaping plans for each structure on the
site shall be reviewed and approved by the city's Planning Division prior to issuing a grading
permit for each phase of the proposed project.
23. The landscape plan for each phase of the proposed project shall conform to the Consolidated
Landscaping Policy and shall be reviewed and approved by the Planning Division prior to
issuing a building permit for each phase.
Revised Negative Declaration
Village Green
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12/28/99
24. The applicant is responsible for planting street trees along property frontage within city and
CalTrans right-of-way consistent with the requirements of the parks and recreation
department. Trees planted shall be incorporated into the project's landscape plan, which shall
be reviewed and approved by the city's Community services Department. All street trees
shall be planted prior to building occupancy associated with Phase I.
25. If archaeological resources or human remain~ are discovered during construction, work shall
be halted within 200 feet of the find until it can be evaluated by a qualified professional
archaeologist. Furthermore, the mitigation shall conform to Appendix K (Archaeological
Impacts) of the CEQA Guidelines.
Date Prepared: December 28, 1999
End of Review Period: January 28, 2000
Date Revised: February 1,2000
Date Adopted by City Council: February 7, 2000
f'-.
I
William Faus
Planning Division Manager
Village Green Initial Study
Mitigation Monitoring Program
Introduction
On January 1, 1989, the California State Legislature passed into law Assembly Bill
3180. This bill requires public agencies to adopt reporting or monitoring programs
when they approve projects subject to an environmental impact report or a negative
declaration that includes mitigation measures to avoid significant adverse
environmental effects. The reporting or monitoring program is to be designed to
ensure compliance with conditions or project approval during project implementation
in order to avoid significant adverse environmental effects identified in the
environmental review process.
This monitoring program is designed to provide a mechanism to ensure that
mitigation measures and subsequent conditions of project approval are
implemented.
Monitoring Program
The basis for this monitoring program is the mitigation measures included in the
initial study/negative declaration. These mitigation measures are designed to
eliminate or reduce significant adverse environmental effects to levels of
insignificance. These mitigation measures become conditions of project approval,
which the project proponent is required to complete during and after implementation
of the proposed project.
The attached checklist is proposed for monitoring the implementation of the
mitigation measures. This monitoring checklist contains all appropriate mitigation
measures in the initial study/negative declaration.
Monitoring Program Procedures
It is required that the City of Gilroy use the attached monitoring checklist for the
proposed project. The monitoring program should be implemented as follows:
1. The City of Gilroy Planning Division should be responsible for coordination of
the monitoring program, including the monitoring checklist. The Planning Division
should be responsible for completing the monitoring checklist and distributing the
checklist to the responsible individuals or agencies for their use in monitoring the
mitigation measures.
2. Each responsible individual or agency will then be responsible for
determining whether the mitigation measures contained in the monitoring checklist
have been implemented. Once all mitigation measures have been complied with,
the responsible individual or agency should submit a copy of the monitoring
checklist to the City of Gilroy Planning Division to be placed in the project file. If a
mitigation measure has not been complied with, the monitoring checklist should not
be returned to the Planning Division.
Golden State Planning and Environmental Consulting
MMP-l
Village Green Initial Study Mitigation Monitoring Program
3. Before issuance of an occupancy permit, the Planning Division should review
the checklist to ensure that all mitigation measures and additional conditions of
project approval included in the monitoring checklist have been implemented. An
occupancy permit should not be issued until all mitigation measures and additional
conditions of project approval included in the monitoring checklist have been
implemented.
4. If a responsible individual or agency determines that a non-compliance has
occurred, a written notice should be delivered by certified mail to the project
proponent within 10 days, with a copy to the Planning Division, describing the non-
compliance and requiring compliance within a specified period of time. If a non-
compliance still exists at the expiration of the specified period of time, construction
may be halted and fines may be imposed at the discretion of the City of Gilroy.
,'"
MMP-2
Golden State Planning and Environmental Consulting
Village Green Initial Study Mitigation Monitoring Program
Mitigation Monitoring Checklist A
Before approval of the Final MaD, the following mitigation measures shall be
implemented.
Mitigation Mitigation Party Party
Number Responsible for Responsible for
Implementation Monitoring
1. The applicant shall contract with a Applicant City Engineering
qualified soils engineer to prepare Division
a soils engineering report
regarding site development,
grading, and soil erosion,
especially as it relates to runoff to
Uvas Creek. Recommendations in
the report shall be incorporated
into the final project plans. The
report, as well as the final
improvement plans, shall be
prepared and submitted to the
city's Engineering Division for
review and approval prior to
approval of the final map.
2. The applicant shall provide for the Applicant City Engineering
Division
design and installation of the storm
drain improvements per the
requirements of the City of Gilroy
Flood Control Design Manual and
Local Drainage Manual, and
subject to the review and approval
by the city's En8ineering Division
and the Santa lara Valley Water
District (as it pertains to any direct
Uvas Creek discharge from the
property). The storm drain plan
shall be reviewed and approved by
the city's Engineering Division prior
to approval of the final map.
3. The applicant shall submit a Notice Applicant City Engineering
of Intent to the Centrai Coast DivisionlSanta Clara
RWaCB prior to obtaining a Valley Water District
grading permit from the city. This
permit will require development and
implementation of a Storm Water
Pollution Prevention Plan (SWPPP)
that uses storm water "Best
Management Practices" (BMP) to
control runoff, erosion and
sedimentation from the site. The
SWPPP has two major objectives:
(1) to help identify the sources of
sediments and other pollutants that
affect the quality of storm water
discharges, and (2) to describe and
Golden State Planning and Environmental Consulting.
MMP-3
JIillage Green ]ninal Study Mitigation Monitoring Program
ensure the Implementation or
practices to reduce sediment and
other pollutants in storm water
discharges. The SWPPP must
include BMP, which address
source reduction and, if necessary,
shall include practices that require
treatment. Integral to the NOI
process is submittal of engineering
designs. The SWPPP will be
submitted to the city's Engineering
Division and the Santa Clara Valley
Water District for review and
approval prior to approval of the
final map.
4. Prepare short-range and long- Applicant City Engineering
range concept plans for Hecker DivisionlCaltrans
Pass Highway and Santa Teresa
Boulevard across the project
frontage and including the Hecker
Pass Highway/Santa Teresa
Boulevard/First Street intersection
for review by the City of Gilroy and
Caltrans. The proposed
conceptual design plans for the
Santa Teresa Boulevard/Hecker
Pass HighwaylFirst Street
intersection should be consistent
with intersection design plans
previously prepared for the
intersection. A conceptual ultimate
design plan for the intersection was
prepared in conjunction with the
development application for the
South Valley National Bank project.
5. Design the intersection of the Applicant City Engineering
Santa Teresa Boulevard/northerly Division/Santa Ciara
access road intersection as a right County
in/right out intersection. Provide a
raised median on Santa Teresa
Boulevard to prohibit left turn
movements at this intersection.
Provide a right turn deceieration
lane and a right turn acceleration
lane on southbound Santa Teresa
Boulevard at this location. This
shall be reviewed and approved by
the County of Santa Clara.
MMP-4
Golden State Planning and Environmental COllSulting
Golden State Planning and Environmental Consulting.
MMP-5
Village Green Initial Study Mitigation Monitoring Program
Mitigation Monitoring Checklist B
Before issuance of a Gradina/Buildina Permit. the following mitigation
measures shall be implemented.
Mitigation Mitigation Party Party
Number Responsible for Responsible for
Implementation Monitoring
10. The following control measures Applicant City Planning
shall be incorporated into any Division
permits issued for the proposed
project and shall be placed on final
plans.
a. Water all active construction
areas at least twice daily or
more often as necessary to
prevent dust from becoming
airborne and leaving the site;
b. Cover all trucks hauling soil,
sand and other loose
materials or require all trucks
to maintain at least two feet of
freeboard;
c. Pave, appiy water three times
daily, or apply (non-toxic) soli
stabilizers on all unpaved
access roads, parking areas
and staging areas at
construction sites;
d. Sweep daily (with water
sweepers) all paved access
roads, parking areas and
staging areas at construction
sites;
e. Sweep streets daily with water
sweepers) if visible soil
materiai is carried onto
adjacent public streets;
f. Hydroseed or appiy (non-
toxic) soil stabilizers to
inactive construction areas
(previously graded areas
inactive for ten days or more);
g. Enclose, cover, water twice
daily or apply (non-toxic) soil
binders to exposed stockpiles
(dirt, sand, etc.);
h. Limit traffic speeds on
unpaved roads to 15 mph;
i. Install sandba~s or other
erosion contro measures to
prevent silt runoff to public
roadways;
j. Replant vegetation in
disturbed areas as quickly as
possible.
Village Green Initial Study Mitigation Monitoring Program
(~
12. If proposed apartments and Applicant Planning Division
condominiums near Santa Teresa
Boulevard have upper floor
balconies located within the 60 dB
Ldn contour of the roadway (260
feet from road center), any noise
barrier of practical hei~ht cannot
adequately reduce Ira IC noise
levels in these outdoor activity
areas. If balconies are proposed,
they should be located on the sides
of buildings opposite Santa Teresa
Boulevard.
13. To determine whether adverse Applicant Planning Division
noise I mpacts result from proposed
commercial uses, an acoustical
analysis shall be conducted prior to
approval of any future use at the
commercial center. Mitigation for
potentially significant noise levels
shall be based on the city's current
noise standards at the time. If
determined to be necessary,
methods to reduce noise to
acceptable levels shall be
integrated Into the proposed
commercial center use (e.g., noise
attenuation walls, moving potential
noise source to opposite side of
residential or the senior assisted
living structure, or limiting noise
generators to periods of the day
when they would have the least
impact. Furthermore, it is feasible
that a particular use may not be
appropriate for the site and thus
would not be approved by the city).
Future uses will be subject to
review and approval by the city's
Planning Division.
16. Because the site has potential Applicant Planning Division
burrowing owl habitat, a survey
shall be conducted per CDFG
protocol. To determine whether
burrowing owls breed on or near
the project site, a burrowing owl
survey shall be conducted between
April 15 and July 15, as per current
CDFG protocols. If burrowing owls
are observed during the survets,
the extent of burrowing owl ha itat
on the site shall be delineated by a
qualified wildlife bioiogist. A
burrowing owl mitigation plan
should be prepared that identifies
activities to avoid and or mitigate
impacts to the species. This plan
will be subject to review and
approval by CDFG and issuance of
a Mitigation Agreement between
the landowner and CDFG.
Currently a 1:1 acreage
MMP-6
Golden State Planning and Environmental Consulting
Golden State Plarming and Environmental Consulting.
MMP-7
Village Green lnililll Study Mitigation Monitoring Program
rep~acemem raIlo IS recommenoeo
by CDFG to offset permanent
impacts to burrowing owl habitat.
The land is typically set aside in
perpetuity by either a conservation
easement or other mechanism.
Construction activities should also
be scheduled to avoid impacts to
breeding animals (if present). If
pre-construction surveys detect
owls on the site during the non-
breeding season, CDFG may
authorize owl eviction following
approvai of a habitat mitigation
plan and issuance of a Mitigation
Agreement. Passive relocation
techniques allow the owls to vacate
their burrows prior to site grading
and prevent their re-entering the
site.
17. The grassiand and pasture areas Applicant Planning Division
shall be surveyed during the spring
to determine whether horned larks
are nesting on the project site. If
horned larks are nesting on the
project site, measures can be
incorporated into the project design
to avoid impacts to the larks'
nesting habitat (i.e., grassland).
CDFG shail be consulted regarding
suitable mitigation strategies.
18. The portion of Uvas Creek Applicant Planning
adjacent to the project site is Division/Santa Clara
habitat for steel head, California Valley Water District
red-legged frog, and southwestern
pond turtle. To avoid impacts to
these aquatic species, the project
shall include appropriate erosion
control techniques during grading
to prevent sediment from entering
Uvas Creek. Refer to mitigation 3
above for specific information on a
Stormwater Pollution Prevention
Plan pertinent to Uvas Creek.
19. A qualified biologist should survey Applicant Planning Division
the buildings on the site prior to
demolition to determine whether
bats are roosting in any building. If
bats are present, CDFG should be
consulted regarding appropriate
mitigation measures. Such
measures may include: scheduling
construction during the least critical
time of year for bats (i.e., in the late
summer after young have been
weaned), preventing bats from
roosting on the structures prior to
demolition by appropriately timed
piacement of a barrier, and
implementation of a revegetation
plan to repiace existing roosts (i.e.,
planting trees).
Village Green Initial Study Mitigation Monitoring Program
20. The biology mitigations shall be Applicant Pianning Division
administered by a qualified
professional biologist paid for by
the applicant, who will be a liaison
between the city and the
responsible state agency, and any
other public agency with
jurisdiction over the resources at or
adjacent to the site. Furthermore,
this liaison shall provide a written
report indicating the date that work
shall commence (i.e., when
mitigations are implemented) and
when the work is completed, and
who and when public agency staff
were contacted. The reports shall
include, but not be limited to, a
discussion of issues addressed
and how they were resolved. The
reports shall be sent to the city's
Planning Division, the project
applicant and the public agencies
involved.
21. The applicant shall prepare a Applicant Planning Division
Phase I study to determine
whether there was ever the use of
toxic chemicais on the property. If
it is determined to be likely that
chemicals were used on the site, a
Phase II study will be required.
This study includes soil samples
taken from the site and tested by a
certified laboratory to determine
whether chemicals known to be
hazardous to human health exist
on the site. The Phase II study
also includes a risk analysis based
on the parts per million of a
particular chemical constituent
relative to current public health
standards. If there are chemicals
on the site that requ ire
remediation, a Phase III report will
be required. This report would
include remediation activity. This
process (a disclosure process), is
subject to state protocol. All
reports shall be submitted to the
Planning Division and shall be
prepared prior to the city issuing a
22. grading permit. Applicant Planning Division
Conceptual and final project siting,
architectural and landscaping
plans for each structure on the site
shall be reviewed and approved by
the city's Planning Division prior to
issuing a grading permit for the
proposed project.
MMP-8
Golden State Planning and Environmental Consulting
. .
Village Green Initial Study Mitigation Monitoring Program
23. Applicant Planning Division
The landscape plan for the
proposed project shali conform to
the Consolidated Landscaping
Policy and shall be reviewed and
approved by the Planning Division
prior to issuing a building permit.
Golden State Planning and Environmental Consulting. MMP-9
Village Green Initial Study Mitigation Monitoring Program
Mitigation Monitoring Checklist C
Before issuance of an Occuoancy Permit. the following mitigation measures
shall be implemented.
Mitigation Mitigation Party Party
Number .Responsible for Responsible for
Implementation Monitoring
6. Construct frontage improvements Applicant City Engineering
along Santa Teresa Boulevard and Division/Caltransl
Highway 152. This shall be Santa Clara County
reviewed and approved by
Caltrans and the County of Santa
Clara.
7. Provide improvements at the Santa Applicant City Engineering
Teresa Boulevard/Hecker Pass Division/Caltransl
Highway/First Street intersection, Santa Clara County
as required, to allow U-turn
movements from the eastbound
Hecker Pass Highway and
northbound Santa Teresa
Boulevard intersection
approaches.
8. The applicant shall provide a Appiicant City Engineering
pedestrian facility on the west side DivisionlSanta Clara
of Santa Teresa Boulevard along County
the project frontage with a
connection to the existing Uvas
Creek Trail. This shall be reviewed
and approved by the County of
Santa Clara.
g. The project applicant shall work Applicant City Engineering
with VTA to provide transit service DivisionNT A
directly to the site. At least one
transit stop shall be provided on
the project site with the iocation to
be coordinated between the
applicant and VTA. The transit
stop shall be designed to VTA
standards.
11. Construct a solid noise barrier Applicant City Engineering
along Santa Teresa Boulevard Division
aiong the east side of the project
site. The required height of the
noise barrier shall depend on the
final elevations of the project site
after grading and the final site
design. Currently, the project site
is approximately two feet above
Santa Teresa Boulevard at its
northern end and transitions to
about five feet below the roadway
at its southern end. If it is assumed
that the final elevation of the site is
the same as Santa Teresa
MMP-IO
Golden Suzte Planning and Environmental Consulting
Village Green Initial Study Mitigation Monitoring Program
BoulevarO ana grouna-Ievel
outdoor activity areas are 100 feet
from the road center, a six-foot-
bigh noise barrier would reduce
worst-case future traffic noise
levels to about 60 dB Ldn, thereby
satisfying the city's exterior noise
levels standard. It is also assumed
that the configuration of Santa
Teresa Boulevard is unchanged. If
final elevations, site design or road
configuration are different than
assumed above, a six-foot barrier
may not adequately reduce noise
levels at ground-level outdoor
activity areas. When final site
elevations and site design are
available, the required height of
noise barriers should be re-
calculated based on the planned
configuration of Santa Teresa
Boulevard.
A determination of the appropriate
finished height of a future noise
attenuation wall shall be
determined by the Planning
Division through review of site
plans. The city shall review plans
and approve the wall height prior to
issuance of a grading permit. An
additional noise study may be
required to determine the exact
height of the sound wall.
14. The area between the proposed Applicant Planning Division
extension of Third Street and the
creek shall be vegetated with a
dense mosaic of native trees and
shrubs. The vegetation will filter
light from the development and
provide a physical barrier between
the development and the wildlife
within the riparian woodland,
whereby the integrity of the habitat
will be maintained or enhanced.
This shall be integrated into a
landscaping plan subject to review
and approval by the city Planning
Division, prior to approval of a final
map.
15. The applicant shall install lighting Applicant Planning Division
such that illumination into the
riparian woodland does not occur,
subject to review and approval by
the city's Planning Division, prior to
the city issuing an occupancy
permit.
24. The applicant is responsible for Applicant Planning Division
planting street trees aiong property
frontage within city and Caltrans
right-of-way consistent with the
requirements of the parks and
recreation department. Trees
Golden State Planning and Environmental Consulting.
MMP-ll
Villllge Green Initial Study Mitigation Monitoring Program
25.
p an e s a e Incorpora e In 0
the project's landscape plan, which
shall be reviewed and approved by
the city's Community services
Department. All street trees shall
be planted prior to building
occupancy associated with Phase
I.
If archaeological resources or
human remains are discovered
during construction, work shall be
halted within 200 feet of the find
until it can be evaluated by a
qualified professional
archaeologist. Furthermore, the
mitigation shall conform with
Appendix K (Archaeological
Impacts) of the CEOA Guidelines.
Applicant
Planning Division
".-'
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MMP-I2
Golden State Plllnning and Environmental Consulting
I, RHONDAPELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2001-10 is an original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 5th day of March, 2001, at which meeting
a quorum was present.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 18th day of April, 2001.
(Seal)