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Resolution 2001-11 RESOLUTION NO. 2001-11 A RESOLUTION OF THE CITY OF THE CITY COUNCllL OF GILROY APPROVING AS 00-40, AN APPLICATION FOR MASTER ARCHITECTURAL AND SITE APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) FOR A SENIOR CITIZEN HOUSING PROJECT INVOLVING APPROXIMATELY 22.3 ACRES, APN 810-21-006. WHEREAS, Coastal Rim Properties ("Applicant") submitted AlS 00-40, an application for architectural and site approval of a planned unit development ("PUD"), "Village Green," a senior citizen housing project, on an approximately 22.3 acre parce110cated on the southwest comer of Santa Teresa Boulevard and Hecker Pass Highway; and WHEREAS, the project to be approved includes 75 affordable rental (apartment) units and 37 affordable cottage condominium homes exempted from the Residential Development Ordinance (RDO) pursuant to M 98-12, an Alzheimers and Assisted Living Facility of approximately 175 beds, a 4.8 acre estate lot for a single family residential use, an open space dedication of approximately 1.7 acres to the City for the Uvas Creek Park Preserve, and dedication of an approximate 20,000 square foot parcel to the City for a City entry statement; and WHEREAS, pursuant to the California Envirorunenta1 Quality Act ("CEQA"), a Negative Declaration was adopted by the City Council on February 27, 2000, with twenty-five (25) mitigation measures, which Negative Declaration has been determined to include this project, in connection with Zone Change Request Z-99-04; and WHEREAS, the Planning Commission held duly noticed public meetings on December 7, 2000, and January 4, 2001, at which time the Commission considered public testimony, the staff report and other documentation related to AlS 00-04 and recommended that the City Council approve AlS 00-40; and ICDS\507652.1 01.()21604706002 -1- RESOLUTION NO. 2001-11 WHEREAS the City Council held duly noticed public hearings on January 16, 2001 and on 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 NS 00-40; and 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 hereby adopts the following findings as required by Zoning Ordinance section 50.55 based upon substantial evidence in the record: 1. The project conforms to the Gilroy General Plan in terms of general location and standards of development. 2. The proposed development will consist predominantly of affordable, senior and assisted living housing and therefore fulfills a specific need of the surrounding area. 3. Urban services are available at this project site. 4. The project plan is harmonious and integrated. 5. The project land use plan is both an economical and efficient use of this property. 6. The project includes landscaping provisions which meet the intent of the Planned Unit Development ordinance. \CDS\507652.1 01.{)21604706002 -2- RESOLUTION NO. 2001-11 7. The proposed master Design Guidelines will allow for attractive and harmonious development of the project site. 8. All impacts from traffic congestion, noise, or other adverse effects will be mitigated to the extent feasible. 9. The project provides adequate access, landscaping, trash areas, and storage, in accordance with provisions of the Zoning Ordinance. B. The City Council hereby also finds: 1. The project will not be detrimental to public welfare or IllJunous to persons or property in the vicinity. 2. There is no substantial evidence in the record that this project will have a significant impact on the environment. C. AlS 00-40 should be and hereby is approved subject to: 1. The thirty (30) PUD Architectural and Site Review 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 III 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. D. 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. ICDS\507652.1 01.Q21604706002 -3- RESOLUTION NO. 2001-11 G. ARELLANO, P. ARELLANO, MORALES, SPRINGER PINHEIRO, SUDOL VELASCO PASSED AND ADOPTED this 5th day of March, 2001, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: ~...Q. . .r-.......{ --<____",_ Rhonda Pellin, City Clerk \CDS\507652.1 01.()21604706002 APPROVED: ~ o-,~ L.--v (' . Thomas W. Springer, Mayor - -4- RESOLUTION NO. 2001-11 Zone Change Conditions 1. The 4.8:1: 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. pun Architectural and Site Review 1. Mitigation Measures I 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. Construction of this project shall be subject to the applicant receiving City Council approval of Z 00-07 and TM 00-08. 3. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward from the site toward any residential use or public right-of-way, subject to review and approval by the Planning Division. 4. Mechanical Appurtenances: Mechanical eguipment .to be located on the roof of a building shall be screened by an architectural feature of the building, such that it cannot be seen from ground level at the far side of the adjacent public right-of-way, whenever possible, subject to review and approval by the Planning Division. 5. Landscaping: Landscaping plans including specifications for an irrigation system shall be approved by the Planning Division in accordance with the adopted Consolidated Landscaping Policy, prior to issuance of a building permit. The landscaping shall be continuously maintained in an orderly, live, healthy, and relatively weed-free condition, in accordance with the adopted Consolidated Landscaping Policy and the approved specific landscape plan. 6. All landscaped areas adjacent to parking and/or paved areas shall be separated by a raised protective curbing to meet minimum City standards, as required under Section 38.22 of the City's Zoning Ordinance, subject to review and approval of the Planning Division. 7. To the extent feasible, this project's landscaping shall consist of native species, particularly those species common along Hecker Pass Highway. This shall be subject to the review and approval of the planning Division. EXHIBIT A 8. The landscape areas along the Santa Teresa Boulevard frontage shall be bermed, subject to the review and approval of the Planning Division. 9. If landscaping is proposed adjacent to Uvas Creek, plans shall be submitted to the SCVWD for review, with final plans subject to the review and approval of the Planning Division. 10. Trash Enclosures: All trash enclosures shall consist of visually solid fences and gates, six (6) feet in height, in accordance with the adopted City of Gilroy standard trash enclosure design plan, or a similar design approved by the Planning Division. All trash enclosures shall be located in accordance with the approved site plan and Uniform Fire Code. In addition, recycling areas must be provided within the trash enclosures, in accordance with the following regulations: A. Areas for recycling shall be adequate in capacity, number, and distribution to serve the development project. B. Dimensions of the recycling area shall accommodate receptacles sufficient to meet the recycling needs ofthe development project. C. An adequate number of bins or containers to allow for the collection and loading of recyclable materials generated by the development project should be located within the recycling area. 11. Building colors shall be earth tones, subject to review and approval by the Planning Division. 12. All utilities constructed to, through and on the site shall be constructed underground, subject to review and approval by the Engineering Division. 13. All sets of building plans shall contain the following wording: "If archeological resources or human remains are discovered during construction, work shall be halted within 50 meters (150 feet) of the find until it can be evaluated by a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented." This shall be subject to the review and approval of the Planning Division. 14. The overall project shall comply with the provisions of Zoning Ordinance Section 5.50, "Site Design Requirements", pertaining to proposed individual dwelling unit designs, subject to review and approval by the Planning Division. 15. Street names are subject to approval of the Planning Division. 16. Street addresses shall be assigned by the Engineering Division. 17. All proposed fencing must meet the requirements of the Planning Division. EXHIBIT A 18. Location of hydrants must be approved by the Building, Life and Environmental Safety Division for this project. 19. Street trees will be required for the above project per the Consolidated Landscaping Policy. A Street Tree Permit must be obtained, subject to review and approval by the Community Services Department. 20. Fire hydrants shall be spaced so as not to exceed ISO feet to any point of a building. Minimum fIre 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. 21. The applicant shall provide vehicular fIre access to project buildings. Minimum unobstructed road widths of 20 feet with approved turn-arounds provided at the terminus on all access roads in excess of ISO feet in length. All access roads less than 34 feet in width shall be posted "NO PARKING" and red curbed. The entrances to the project shall be conspicuously posted with applicable Vehicle Code sections. 22. All project buildings shall be equipped with fIre sprinklers, subject to the review and approval of the Deputy Fire Marshal. 23. All construction activities shall be limited to weekdays between 7 a.m. and 7 p.m., to Saturdays and City holidays between 9 a.m. and 7 p.m. No construction is allowed on Sundays. 24. The proposed carports shall be designed to be visually unobtrusive from Santa Teresa Boulevard, and shall match the architectural design of the apartment buildings, subject to Planning Division review and approval. 25. Construction of accessory structures for the cottage homes shall be subject to Planning Division review. The applicant shall submit proposed design guidelines for accessory structures to the Planning Division for review and approval. 26. The Architectural and Site Review for the estate lot shall be processed at a staff level. The applicant shall use the same home design included in Architectural and Site Review application AlS 00-40. Should the applicant wish to construct a different home design, development of this site shall be subject to the Planned Unit Development process. This condition shall be subject to review and approval by the Planning Division. 27. The applicant shall enter into an agreement, pursuant to the City's adopted affordable housing policy, to rent or sell the 112 units approved through Z 00-07 at an affordable rate prior to issuance of a building permit. Compliance with this condition shall be subject to the review and approval ofthe Planning Division and City Attorney. EXHIBIT A 29. The applicant shall enter into a performance agreement, pursuant to the City's adopted affordable housing policy, to timely construct and operate the senior care facility, senior apartment units, and senior cottage units. The applicant shall enter into this agreement prior to issuance of a building permit. Compliance with this condition shall be subject to the review and approval of the Planning Division and City Attorney. 28. All of the apartment and housing units in this development shall be restricted to residents who are 62 years and older. 30. The applicant shall provide parking within this development in the following ratios: 63 stalls for the senior care facility; 132 stalls for the apartment units, 76 of which must be covered; and 65 stalls for the cottage units, 37 of which must be covered. This condition shall be subject to the review and approval of the Planning Division. EXHIBIT A EXHIBIT B Community Development Department Planning Division NEGATIVE DECLARATION City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 (408) 846-0440 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 Entitv 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, 7351 Rosanna Street, Gilroy, CA 95020. Revised Negative Declaration Village Green 2 .. 12/28/99 Findin!~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. Mitil!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 final 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 ofIntent 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: (I) 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 NOI 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 HighwaylSanta Teresa BoulevardIFirst Street intersection for review by the City of Gilroy, County of Santa Clara and CaITrans. The proposed conceptual design plans for the Santa Teresa BoulevardJHecker 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. 7. Provide improvements at the Santa Teresa BoulevardJHecker Pass HighwaylFirst Street intersection, as required, to allow V-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 Vvas 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 VT A 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 .. .12/28/99 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; 1. 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 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 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. r i 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 1: I 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 owls to vacate their burrows prior to site grading and prevent their re- entering the site. 17. California homed lark. The grassland and pasture areas shall be surveyed during the spring to determine if homed larks are nesting on the project site. If homed 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 12/28/99 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. 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), 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 II 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 ill 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 fmal 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 " William Faus Planning Division Manager Golden State Pu.nning and Environmental Consulting MMP-l 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. MMP-2 Golden State Planning and Environmental Consulting ViUage 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. /'" Golden State Planning and Environmental Consulting. MMP-3 , Village Green Initial Study Mitigation Monitoring Program Mitigation Monitoring Checklist A Before approval of the Final MaD, the following mitigation measures shall be impleml;lnted. 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 Engineering Division and the Santa Clara 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 approvai of the final map. 3. The applicant shall submit a Notice Applicant City Engineering of Intent to the Central 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 quali~ of storm water discharaes, an (2\ 'to describe and MMP-4 Golden State Planning and Environmental Consulting Village Green Initial Study Mitigation Monitoring Program ensure me Implementation ot practices to reduce sediment and other pollutants In storm water discharges. The SWPPP must include BMP, which address source reduction and, if necessary, shall inciude 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 a pproval 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 Highway/First 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 Clara access road intersection as a right County inlright 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. This shall be reviewed and approved by the County of Santa Clara. 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, 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 sandba~s or other erosion contro measures to prevent silt runoff to public roadways; j. Replant vegetation in disturbed areas as quickly as possible. MMP-6 Golden State Planning and Environmental Consulting 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 practicai 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. 13. To determine whether adverse Applicant Planning Division noise impacts 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 sen ior 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 Aprii 15 and July 15, as per current CDFG protocols. If burrowing owls are observed during the survets, the extent of burrowin~ owl ha itat on the site shall be de ineated 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 1:1 acreage Golden State Planning and Environmental Consulting. MMP-7 Village Green Initial Study Mitigation Monitoring Program repliilcemem rallo IS recommenOed 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 owis 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 owls to vacate their burrows prior to site grading and prevent their re-entering the site. 17. The grassland and pasture areas Applicant Pianning Division shall be surveyed during the spring to determine whether horned larks are nesting on the project site. If horned iarks 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 consuited regarding suitable mitigation strategies. 18. The portion of Uvas Creek Appiicant Pianning adjacent to the project site is Division/Santa Clara habitat for steelhead, 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 consuited 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 placement of a barrier, and implementation of a revegetation plan to replace existing roosts (I.e., pianting trees). MMP-8 Golden State Planning and Environmental Consulting Village Green Initial Study Mitigatian Monitoring Program 20. The biology mitigations shall be Applicant Planning Division administered by a qualified professional biologist paid for by the applicant, who will be a liaison between the city and the responsibie 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 chemicals 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 incl udes a risk analysis based on the parts per million of a particular chemical constituent relative to current public health standards. If there are chemicais on the site that require remediation, a Phase III report will be required. This report wouid 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. Village Green Initial Study Mitigation Monitoring Program 23. The landscape plan for 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. Golden State Planning and Environmental Consulting. Applicant Planning Division MMP-9 MMP-IO Golden StIlte Planning and Environmental Consulting Village Green Initial Study Mitigation Monitoring Program Mitigation Monitoring Checklist C Before issuance of an Occupancy 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/Caltrans/ Highway 152. This shall be Santa Clara County reviewed and approved by Caltrans and the County of Santa Clara. 7. Provide improvements atlhe Santa Applicant City Engineering Teresa Boulevard/Hecker Pass Division/Caltrans/ 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 Applicant City Engineering pedestrian facility on the west side Division/Santa Clara of Santa Teresa Boulevard aiong 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 VT A to provide transit service DivisionNTA directly to the site. At least one transit stop shall be provided on the project site with the location to be coordinated between the applicant and VT A. The transit stop shall be designed to VTA standards. 11. Construct a solid noise barrier Applicant City Engineering along Santa Teresa Boulevard Division along 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 Golden State Planning and Environmental Consulting. MMP-ll Village Green Initial Study Mitigation Monitoring Program "oUlevaro ana grouno-Ievel 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 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 pian 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 Pianning Division, prior to the city issuing an occupancy permit. 24. The applicant is responsible for Applicant Planning Division pianting street trees along property frontage within city and Caltrans right-of-way consistent with the requirements of the parks and recreation department. Trees t- : .-t;'r---'- -'~. ~. Village Green Initial Study Mitigation Monitoring-Program plameo snail oe mcorporaleo InlO 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 Applicant Planning Division 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 (ArChaeolo~ical Impacts) of the CEOA uidelines. "r, MMP-I2 Golden State Planning and Environmental Consulting ;jl- IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2001-11 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. the City of Gilroy this 18th day of April, 2001. ~t2~. City Clerk of the City of Gilroy (Seal)