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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 \CDS\507519.1 03-ll21804706002 -1- 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. ICDS1507519.1 03.021804706002 -2- 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 ICDS\507519.1 03-021804706002 -3- 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. Revised Negative Declaration Village Green 2 12128/99 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 - 12/28/99 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; Revised Negative Declaration Village Green 4 .12128/99 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. Revised Negative Declaration Village Green 5 12/28/99 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. Revised Negative Declaration Village Green 6 12128/99 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 7 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 ".-' ( 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)