Loading...
Resolution 2003-04 IGB0I574996.1 01-121902-04706002 -1- Resolution No. 2003-4 RESOLUTION NO. 2003-4 A RESOLUTION OF THE CITY COUNCn.. OF THE CITY OF GILROY MODIFYING THE DECISION OF THE PLANNING COMMISSION APPROVING CUP 02-08 RESULTING FROM AN APPEAL OF THAT DECISION, AND APPROVING AS SO MODIFIED CUP 02-08, A REQUEST FOR A CONDmONAL USE PERMIT IN ORDER TO OPERATE AN ALZHEIMER'S AND ASSISTED UVING FACll..ITY IN THE VILLAGE GREEN DEVELOPMENT, APN 810-21-006 WHEREAS, DMA Gilroy Partners ("Applicant") requested Conditional Use Permit (CUP) approval in order to operate an Alzheimer's and assisted living facility in the Village Green development on 3.38 acres of a 22.3-acre site at 1520 Hecker Pass Highway, located at the southwest corner of Santa Teresa Boulevard and Hecker Pass Highway; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council on February 27,2000, adopted a Negative Declaration for this project in connection with zone change request Z 99-04, finding that the Negative Declaration was completed in compliance with CEQA, that it reflected the independent judgment of the City, and that there was no substantial evidence that the project as mitigated will have a significant effect on the environment; and WHEREAS, the Planning Commission reviewed application CUP 02-08 at a duly noticed public hearing on November 21, 2002, and approved CUP 02-08 subject to thirteen (13) conditions; and WHEREAS, following the Planning Commission hearing, the City timely received an appeal letter from the Applicant appealing Conditions #2, #3, #4, #6, #7, #9, #10, #11, and #13; and WHEREAS, the City Council held a duly noticed public hearing on December 19,2002, at which time, the City Council heard the appeal and reviewed CUP 02-08 and all documents \GBO\574996.1 01-121902-04706002 -2- Resolution No. 2003-4 relating thereto, including the Staff Reports dated November 21, 2002, and December 9, 2002; 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 in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council hereby finds that there is no substantial evidence in the record that the project as mitigated will have a significant effect on the environment; B. CUP 02-08 should be and hereby is approved, subject to: I. The modified and additional conditions attached hereto as Exhibit A and incorporated herein by this reference; and 2. The twenty-five (25) mitigation measures set forth in the Negative Declaration and the Mitigation/Monitoring Program, attached hereto as Exhibit B and incorporated herein by this reference. PASSED AND ADOPTED this 6TH day of January, 2003, by the following vote: AYES: COUNCILMEMBERS: ARElLANO, DILLON, GARTMAN, MORALES, PINHEIRO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VELASCO :;J!t~k~. Rhonda Pellin, City Clerk APPROVED: /-1~ ~(l - Thomas W. Springer, yor CUP 02-08 FINAL CONDITIONS OF APPROVAL PlanniDl! Division (contact Melissa Durkin at 846-0440) 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. This facility must be continuously State licensed as a Residential Care Facility for the Elderly without material or substantive violations. Should this facility become ineligible for this licensing or should the licensing be revoked, the City will issue an Order to Show Cause why the use permit should not be revoked, suspended or modified, and a public hearing will be set on the matter before the Planning Commission. The decision of the Planning Commission may be appealed to the City Council. 3. The operator must provide the following services on a continual basis: AIzheimers Units: 24-hour care; provision of recreational activities; bathing and dining assistance; and assistance scheduling medical care. Assisted Living Units: Housekeeping and personal laundry assistance; preparation of meals and provision of special dietary requirements; bathing, dressing, grooming, and toileting; storing and ordering medication, as well as reminders to take medication; provision of recreational activities; and a 24-hour nurse call system. 4. These units shall not be leased solely as apartment units; all residents of these units must either have a1zheimers disease or dementia, or need assistance with one or more function of their daily lives. At least one resident in each unit must need assistance with at least one of the eight daily activities listed in California DSS Code 87101. 5. Approval of CUP 02-08 shall be contingent upon approval of NS 02-26. 6. The applicant shall provide 10 I parking stalls. 7. The facility operator shall provide shuttle service to various community facilities, including, but not limited to, grocery stores and hair salons. The operator shall provide staff with a copy of the shuttle operating schedule every quarter. 8. An on-site dining room facility must be continuously operational and available to both the alzheimers and assisted living residents for three meals each day. EXHIBIT A Cup 02-08 Final Conditions of Approval 2 12/9/02 9. The applicant shall provide additional activity rooms and recreational areas in this facility. The applicant shall provide Staff with a survey of similar facilities to aid in determining the appropriate amount of area to be provided in each building. 10. The facility operator shall provide regularly scheduled activities for the residents of this facility, and shall submit a schedule of activities to the Planning Division every quarter. 11. The building design and construction shall meet the State Health and Safety Code based on a Statement of Intended Use filed with the Fire Marshal. The Statement of Intended Use shall be filed prior to any construction permits are applied for. Building occupancy shall be maintained pursuant to the designations made on the Statement of Intended Use. 12. All residents must be age 62 or older, provided that with respect to married or domestic partners, only one spouse, partner, caregiver, or resident must be age 62 or older. In addition, the age restriction shall not apply to persons suffering from Alzheimer's disease or similar dementia. 13. The applicant shall provide a designated parking space for the required shuttle, in addition to the required project parking. 14. The applicant must obtain the building permits for both Building One and Building Two at the same time, and both buildings shall be constructed simultaneously. IS. This development shall be restricted to providing 35 Alzheimer's or dementia beds, and 137 assisted living beds. EXHIBIT A 1/ Community Development Department Planning Division NEGATIVE DECLARA TION 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 Project Description: Name of Project: Nature of Project: V illage 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. Project Location: Location: Southwest comer of Santa Teresa Boulevard and Hecker Pass Highway Assessor's Parcel Numbers: 810-21-006 Entitv or Person(s) Undertakinl! Project: 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 tile at the City of Gilroy Planning Department, 7351 Rosanna Street, Gilroy, CA 95020. EXHIBIT B Revised Negative Declaration V illage Green 2 12/28/99 Findinl!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 findings: J. 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: I. 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 final 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 fi'om the property). The applicant shall also obtain the necessary permits relating to work and discharge in streams from the California Department of Fish 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 EXHIBIT B Revised Negative Declaration Village Green 3 12/28/99 discharges. The SWPPP must include BMP, which address source reduction and, if 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 ofthe final 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 Bou]evard 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 CaITrans. 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 Santa Teresa Bou]evard/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 ]52. 7. Provide improvements at the Santa Teresa BoulevardlHecker Pass Highway/First 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 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 a II active construction a reas at] east twice da ily 0 r more 0 ften a s necessary to prevent dust from becoming airborne and leaving the site; b. Cover all trucks hauling soil, sand and 0 ther loose materials, 0 r require a II trucks to maintain at least two feet of freeboard; EXHIBIT B 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; 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. II. 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 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 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 final 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. EXHIBIT B 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 ha s potential burrowing 0 wi ha bitat, a survey shall be conducted per CDFG protocol. To determine if burrowing owls breed on or near the project site, a burrowing 0 wi survey should be conducted between Ap ril IS a nd July IS, 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: 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. EXHIBIT B 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 0 fa barrier, and im plementation 0 f 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 a pplicant 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 1II report will be required. This report would include remediation activity. This process ( a dis closure 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. EXHIBIT B 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 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 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 EXHIBIT B Golden State Planning and Environmental Consulting MMP-I 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 MMP-2 Golden State Planning and Environmental Consulting Villaxe Green Initial Study Mitixation Monitorinx Proxram 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. 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 VillaJ(e Green Initial Study MitiJ(ation MonitorinJ( ProJ(ram Mitigation Monitoring Checklist A Before approval of the Final Map, 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 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 approval of the final map. 3. The applicant shall submit a Notice Applicant City Engineering of Intent to the Central Coast DivisionlSanta Clara RWQCB 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 MMP-4 Golden State Planning and Environmental Consulting Village Green Initial Studp Mitigation Monitoring Program 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 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 Division/Caltrans 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 pians previously prepared for the intersection. A conceptual uitimate design plan for the intersection was prepared in conjunction with the development application for the South Vallev National Bank oroiect. 5. Design the intersection of the Applicant City Engineering Santa Teresa Boulevard/northerly Division/Santa Clara 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 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. Villa!(e Green Initial Studf' Miti!(ation Monitorin!( Pro!(ram Golden State Planning and Environmental Consulting. MMP-5 MMP-6 Golden State Planning and Environmental Consulting 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 sandbags or other erosion control measures to prevent silt runoff to public __ -I.. . --. Goldell State Plallllillg alld Ellvirollllletltal COllsultillg. MMP-7 VillaKe Greell lllitial Study MitiKatioll MOllitorillK ProKram roadways; j Replant vegetation in disturbed areas as quickly as possible. 12. Applicant Planning Division 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 13. Boulevard. Planning Division Applicant To determine whether adverse 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 senior assisted living structure, or lim iting 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 16. Planning Division. Applicant Planning Division Because the site has potential 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 surveys, the extent of burrowinq owl habitat Vil/aKe Green Initial Study MitiKation MonitorinK ProJ(l"am on the site shall 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: 1 acreage replacement ratio is recommended 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 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 Planning Division 17. and prevent their re-entering the Applicant site. The grassland and pasture areas shall be surveyed during the spring to determ ine 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' 18. nesting habitat (i.e., grassland). Planning CDFG shall be consulted regarding Applicant suitable mitigation strategies. Division/Santa Clara Valley Water District 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 Applicant Planning Division 19. Stormwater Pollution Prevention Plan pertinent to Uvas Creek. A Qualified bioloqist should survey MMP-8 Golden State PlanninK and Environmental Consul/inK Golden State Planning and Environmental Consulting. MMP-9 VilIaxe Green/nitiat Study Mitixation Monitorinx Proxram 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 placement of a barrier, and Planning Division 20. implementation of a revegetation plan to replace existing roosts (i.e., Applicant planting trees). The biology mitigations 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 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 21. reports shall be sent to the city's Planning Division Planning Division, the project applicant and the public agencies Applicant involved. The applicant shall prepare a Phase I study to determine whether there was ever the use of toxic chemicals on the property. If it is determ ined to be likely that chemicals were used on the site, a Phase II study will be required. This study includes soil sampies taken from the site and tested by a certified laboratory to determine whether chemicals known to be hazardous to human heaith 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 Dublic health MMP-lO Golden State Planning and Environmental Consulting Villaxe Green Initial Studv MitiJ(ation Monitorinx ProRram 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 22 process (a disclosure process), is Planning Division subject to state protocol. All reports shall be submitted to the Planning Division and shall be Applicant prepared prior to the city issuing a grading permit. 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 23. proposed project. Planning Division Applicant 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. Goldell State Pla1l11illg alld Ellvirollme1ltal COllsultillg. MMP-ll Vil/aKe Greell Initial Study MitiKation MonitorinK ProKram 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 at the 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. Applicant City Engineering The applicant shall provide a Division/Santa Clara pedestrian facility on the west side County of Santa Teresa Boulevard along the project frontage with a connection to the existing Uvas Creek Trail. This shall be reviewed and approved by the County of Santa Clara. 9. Applicant City Engineering The project applicant shall work DivisionNT A with VTA to provide transit service 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 VTA. The transit stop shall be designed to VT A standards. 11. Applicant City Engineering Construct a solid noise barrier Division along Santa Teresa Boulevard 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 MMP-12 Golden State Planning and Environmental Consulting Village Green Initial Study Mitigation Monitoring Program 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 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 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 Applicant issuance of a grading permit. An additional noise study may be Planning Division 14. required to determine the exact height of the sound wall. 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. Applicant This shall be integrated into a landscaping plan subject to review Planning Division and approval by the city Planning 15. Division, prior to approval of a final map. The aoolicant shall installliahtina Golden State Planning and Environmental Consulting. MMP-13 Vii/axe Green Initial Study Mitixation Monitorinx Prowam such that illumination into the riparian woodland does not occur, Applicant subject to review and approval by 24. the city's Planning Division, prior to Planning Division the city issuing an occupancy permit. 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 Applicant the project's landscape plan, which shall be reviewed and approved by the city's Community services Planning Division Department. All street trees shall 25. 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 CEQA Guidelines. I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached Resolution No. 2003-04 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 6th day of January, 2003, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 7th day of February, 2003. ~LJ2-rh City Clerk ofthe-City of Gilroy (Seal)