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
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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
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Golden State PlanninK and Environmental Consul/inK
Golden State Planning and Environmental Consulting.
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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
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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.
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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
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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.
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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)