Resolution 2003-37
RESOLUTION NO. 2003-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING NS 02-26, AN APPLICATION FOR
ARCHITECTURAL AND SITE APPROVAL OF A PLANNED
UNIT DEVELOPMENT (PUD) TO CONSTRUCT A 132,940
SQUARE FOOT ALZHEIMER'S AND ASSISTED LIVING
FACILITY IN THE VILLAGE GREEN DEVELOPMENT AT
1520 HECKER PASS HIGHWAY, APN 810-21-006.
WHEREAS, DMA Gilroy Partners, the applicant, submitted NS 02-26, an application
for architectural and site approval of a Planned Unit Development ("PUD") to construct a
132,940 square foot Alzheimer's and assisted living facility in the Village Green development at
1520 Hecker Pass Highway, located at the southwest comer of Santa Teresa Boulevard and
Hecker Pass Highway, APN 810-21-006; 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 held a duly noticed public meeting on November
21, 2002, at which time the Planning Commission considered any public testimony, the Staff
Report dated Revised November 21,2002 ("Staff Report"), and all other documentation related to
application NS 02-26, and recommended that the City Council approve said application with
conditions; and
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Resolution No. 2003-37
WHEREAS, the City Council held duly noticed public meetings on December 16, 2002,
February 18, 2003, April 7, 2003, April 21, 2003, and May 19 2003, at which time the City
Council considered public testimony, the Staff Report, the Addendum Staff Report dated May
13,2003 ("Addendum"), and all other documentation related to application A/S 02-26; and
WHEREAS, the City Council determined that twenty-four (24) conditions should be
incorporated into the project as set forth in the Addendum; 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 entire record.
1. The project conforms to the Gilroy General Plan in terms of general location
and standards of development.
2. The proposed development fulfills a specific need of the surrounding area.
3. The project does not require urban services beyond those which are available
at the project site.
4. The project plan is coherent, attractive, and harmonious.
5. The project reflects an economical and efficient use of this property.
6. The project includes landscaping provisions which will meet the intent of the
Planned Unit Development ordinance.
7. The project uses aesthetic design principles to create an attractive
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Resolution No. 2003-37
development.
8. The project as mitigated will not cfeate tfaffic congestion, noise, OdOf Of othef
advefse effects on surrounding areas.
9. The project provides adequate access, parking, landscaping, tfash areas and
stofage, as necessary.
B. NS 02-26 should be and hereby is approved subject to:
1. The twenty-fouf (24) final conditions of approval, attached hereto as
Exhibit A, and incorpofated herein by this reference.
2. The mitigation measures and the MitigationIMonitoring Program attached
hefeto as Exhibit B, and incorporated hefein by this feference.
PASSED AND ADOPTED this 2ND day of June, 2003, by the following vote:
AYES:
COUNCILMEMBERS:
DILLON, GARTMAN, MORALES,
PINHEIRO and SPRINGER
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
ARELLANO and VELASCO
APPROVED:
~
ATI.. [l@r...".{;--de.........
.,77..- _ I
W/M^,- _-(--c--C~ ·
Rhonda Pellin, City Clerk
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Resolution No. 2003-37
EXHIBIT A
FINAL CONDITIONS OF APPROVAL (A/S 02-26)
Plannim!: 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, 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.
3. Mechanical Appurtenances: Mechanical equipment 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.
4, 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.
5. 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.
6, 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.
7. The landscape areas along the Santa Teresa Boulevard frontage shall be bermed, subject to
the review and approval of the Planning Division.
8, 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.
A/S 02-26, Village Green
Final Conditions of Approval
2
5/21/03
B. Dimensions of the recycling area shall accommodate receptacles sufficient to meet the
recycling needs of the 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,
9. Building colors shall be earth tones, subject to review and approval by the Planning Division,
10, All proposed fencing must meet the requirements of the Planning Division.
En2ineerin2 Division (contact Kristi Abrams at 846-0440)
11. All utilities constructed to, through and on the site shall be constructed underground, subject
to review and approval by the Engineering Division.
12. Street addresses shall be assigned by the Engineering Division,
Fire Department (contact Rodger Maggio at 846-0440)
13. On-site hydrants shall be provided within 150 ft of any portion of a building. Each parcel shall
have its own connection to the public water main for its hydrant and fire sprinkler water
supply. Large complexes shall have looped fire water systems.
14. Driveable access shall be provided within 150feet of any building pad. Access completely
around the buildings is desirable, Dead end streets or access in excess of 150 feet shall be
provided with a turn around that meets the Fire Department Standard template,
15. Fire Department Connection, PIV location is subject to the review and approval of the Fire
Department. A fire hydrant shall be within 40 feet of the FDC and on the same side of the fire
access,
16. The building design and construction shall meet the State Health and Safety Code based on a
Statement ofIntended Use filed with the Fire Marshal. The applicant shall file the Statement
of Intended Use prior to applying for any construction permits. The building occupancy shall
be maintained pursuant to the designations made on the Statement of Intended Use.
17. In addition to the Fire Sprinkler System, the garage shall have a combination standpipe system
installed with 2,5" threaded connections. The system shall be reviewed and approved with the
Fire Sprinkler System.
18, The garage shall be provided with a ventilation system capable of providing a smoke
evacuation system activated by fire flow with a manual Fire Department over-ride. The
system shall be based on smoke from a design vehicle fire.
19. Fire access shall not be less than 20 feet in width, and shall be subject to the review and
approval of the Fire Marshal.
A/S 02-26, Village Green
Final Conditions of Approval
3
5/21/03
20. Rainwatef from the garage shall pass through an oil water separator prior to discharge to the
storm sewer. Pumps and electrical shall be explosion proof in case of fueJ leakage from a
vehicle,
Community Services Department (contact Carla Ruigh at 846-0460)
21. Street trees will be required fOf 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.
Buildine Division (contact Nancy McDonald at 846-0430)
22, 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,
23, This project must meet the City of Gilroy Floodplain Management Ordinance. All electrical
wiring shall be placed out of the floodplain.
24, Provide two disabled-accessible parking spaces in the garage,
Community i>evelopment 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, AlS 99-28
Proiect Descriotion:
Name of Project:
Nature of Project:
Village Green
Construction of a Senior Housing project composed of: a) 72 single family
homes, c) 72 condominiums, d) 75 apartment units, e) a senior care facility,
and f) retail commercial area.
Proiect Location:
Location: Southwest comer of Santa Teresa Boulevard and Hecker Pass
Highway
Assessor's Parcel Numbers: 810-21-006
Entity or Person(s) Undertakin2 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 pwpose 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.
E>CHIBIT B
Revised Negative Declaration.
Village Green
2
12128/99
Findin!!:s & Reasons:
The Initial Study identified potentially significant effects on the environment. However, this
project has been mitigated (see Mitigation Measures below w~ch 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:
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.
Miti!!:atioD 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 Engine~g 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
from 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 of Intent to the Central Coast RWQCB prior to obtaining
a grading permit from the city. This permit will require development and implementation of
a Storm Water Pollution Prevention Plan (SWPPP) that uses storm water "Best Management
Practices" (BMP) to control runoff: erosion and sedimentation from the site. The SWPPP has
two major objectives: (1) to help identify the sources of sediments and other pollutants that
affect the quality of storm water discharges, and (2) to describe and ensure the
implementation of practices to reduce sediment and other pollutants in storm water
discharges. The SWPPP must include BMP, which address source reduction and., if
, .
Revised Negative Declaration
Village Green
necessary, shall include practices, which require treatment. hltegral to the NO! process is
submittal of engineering designs. The SWPPP will be submitted to the City Engineering
Division and the Santa Clara Valley Water District for review and approval prior to approval
of the final map.
3
12/28/99
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
I Highway and Santa Teresa Boulevard across .the project frontage and including the Hecker
Pass Highway/Santa Teresa BoulevardIFirst Street intersection for review by the City of
Gilroy, County of Santa Clara and CalTrans. The proposed conceptual design plans for the
Santa Teresa BoulevardlHecker Pass 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 Boulevard/northerly access road intersection as a right 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. .
6. Construct frontage improvements along Santa Teresa Boulevard and Highway 152.
7. Provide improvements at the Santa Teresa BoulevardlHecker Pass HighwaylFirst Street
intersection, as required, to allow U-turn movements from the eastbound Hecker Pass
Highway and northbound Santa Teresa Boulevard intersection approaches.
8. The applicant shall provide a pedestrian sidewalk improved to City standards on the west side
of Santa Teresa Boulevard along the project frontage with a connection to the existing Uvas
Creek Trail. A sidewalk shall also be provided along the south side of Highway 152 between
the project driveway and Santa Teresa Boulevard. This shall be subject to the review and
approval of the City Engineering Division and the County of Santa Clara.
9. The project applicant shall work with VTA to provide transit service directly to the site. It is
desirable that at least one transit stop shall be provided on the project site with the location to
be coordinated between the applicant and VTA. The transit stop.shall be designed to VTA
standards.
10. The following control. measures shall be incorporated into any pennits 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
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;
4
~ .12/28/99
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 oil the final 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 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 shoul4
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.
Revised.N egative Declaration
Village Green
5
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12128/99
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 g~nerators to periods of the day when it would
. have the least impact Furthermore, it is feasio1e 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.
IS. 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 citj 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 IS and 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 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 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 ifhomed larks are nesting on the project site. Ifhomed larks are nesting on the
project site, measures can be incorporated into the project design to avoid impacts to the larks
nesting habitat (Le., grassland). CDFG shall be consulted regarding suitable mitigation
strategies.
Revis,ed Negative Declaration
Village Green
6
.l2l28/99
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 ifbats 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 n 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 IT 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 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 PI8nning Division prior to
issuing a building permit for each phase.
ReviSed Negative Dec1arat. "\
" Village Green
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 p"rior to building occupancy associated with Phase I.
7
12/28/99
25. If archaeological resources or human rem~. 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 P<:riod: January 28, 2000
Date Revised: February 1,2000
Date Adopted by City Council: February 7, 2000
William Faus
Planning Division Manager
Village Green Initial Study
Mitigation Monitoring Program
Introduction
On January 1, 1989, the California State l-egislature passed into law Assembly Bill
3180. This bill requires public agencies to adopt reporting or monitoring programs
when they approve projects subject to an environmental impact report or a negative
declaration that includes mitigation measures to avoid significant adverse
environmental effects. The reporting or monitoring program is to be designed to
ensure compliance with conditions or project approval during project implementation
in order to avoid significant adverse environmental effects identified in the
environmental review process.
This monitoring program is designed to provide a mechanism to ensure that
mitigation measures and subsequent conditions of project approval are
implemented.
Monitoring Program
The basis for this monitoring program is the mitigation measures included in the
initial study/negative declaration. These mitigation measures are designed to
eliminate or reduce significant adverse environmental effects to levels of
insignificance. These mitigation measures become conditions of project approval,
which the project proponent is required to complete during and after implementation
of the proposed project.
The attached checklist is proposed for monitoring the implementation of the
mitigation measures. This monitoring checklist contains all appropriate mitigation
measures in the initial study/negative declaration.
Monitoring Program Procedures
It is required that the City of Gilroy use the attached monitoring checklist for the
proposed project. The monitoring program should be implemented as follows:
1. The City of Gilroy Planning Division should be responsible for coordination of
the monitoring program, including the monitoring checklist. The Planning Division
should be responsible for completing the monitoring checklist and distributing the
checklist to the responsible individuals or agencies for their use in monitoring the
mitigation measures.
2. Each responsible individual or agency will then be responsible for
determining whether the mitigation measures contained in the monitoring checklist
have been implemented. Once all mitigation measures have been complied with,
the responsible individual or agency should submit a copy of the monitoring
checklist to the City of Gilroy Planning Division to be placed in the project file. If a
mitigation measure has not been complied with, the monitoring checklist should not
be returned to the Planning Division.
Golden State Pl4nning and Environmental Consulting
MMP-]
'. .
YlllDge Green InitUU Study Mitil(aDOn Monitoring Program
3. Before issuance"ofan 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 additionaJ
conditions of project approval included in the monitoring checklist have been
implemented.
4. If a responsible individual or agency determines that a non-compliance has
occurred, a written notice should be delivered by certified mail to the project
proponent within 10 days, with a copy to the Planning Division, describing the non-
compliance and requiring compliance within a specified period of time. If a non-
compliance still exists at the expiration of the specified period of time, construction
may be halted and fines may be imposed at the discretion of the.City of Gilroy.
MMP-2
Golden State Planning and Environmental Consulting
V'UlJJge Green InitUtl Study Mitigation Monitonng rrogram
""
,.
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 Cfty 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 Division/Santa 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 qUal~ of storm water
discharges, an (2) to describe and
Golden Stslu pu,nni",g tmd Emnromnental Consulting.
MMP-3
, '" V"Jllage Green Initiiu Study Mitigation Monitoring Program
ensure melmplementatJon or
practices to reduce sediment and
other pollutants in storm water
discharges. The SWPPP must
include BMP, which address ,
source reduction and, if necessary,
shall include practices that require
treatment Integral to the NOI
process is submittal of engineering
designs. The SWPPP will be
submitted to the city's Engineering
Division and the Santa Clara Valley
Water District for review and
approval prior to approval of the
final map.
4. Prepare short-range and long- Applicant City Engineering
range concept plans for Hecker 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 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
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.
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Golden State Planning and Environmental Consulting
Village t7reen .lnuuu .:JQlu)' Jr.lU'byuun .r.l",....,' wos .. ''''6' -...
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
f. adjacent public streets;
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 stoc piles
h. (dirt, sand, etc.);
limit traffic speeds on
i. unpaved roads to 15 mph;
Install sandbags or other
erosion control measures to
prevent silt runoff to public
j. roadways;
Replant vegetation in
disturbed areas as quickly as
possible.
Golden State Planning and Environmental Consulting.
MMP-S
VJllage Green JnitiJJl Study Mitigation Monitoring Program
12. If proposed apartments and Applicant Planning Division
condominiums near Santa Teresa
Boulevard have upper floor
balconies located within the 60 dB
Ldn contour of the roadway (260
feet from road center), any noise
barrier of practical hei~t cannot
adequately reduce tra c noise
levels in these outdoor activity
areas. If balconies are proposed,
I 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 senior assisted
living structure, or limiting noise
generators to periods of the day
when they would have the least
impact. Furthermore, it is feasible
that a particular use may not be
appropriate for the site and thus
would not be approved by the city).
Future uses will be subject to
review and approval by the city's
Planning Division.
16. Because the site has potential Applicant Planning Division
burrowing owl habitat, a survey
shall be conducted per CDFG
protocol. To determine whether
burrowing owls breed on or near
the project site, a burrowing owl
survey shall be conducted between
April 15 and July 15, as per current
CDFG protocols. If burrowing owls
are observed during the survebft,
the extent of burrowinn owl ha itat
on tne 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
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Golden State Planning and Environmental Consulting
YilJDge (jreen .InUUlI ')"lIIay Mmganon hlonuonng rrugrum
replacemt.... ralfo IS recommenceo
by CDFG to offset pennanent
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 dUrin~ the non- .
breeding season. CD G 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 Planning Division
shall be surveyed during the spring
to detennine whether horned larks
are nesting on the project site. If
horned larks are nesting on the
project site. measures can be
incorporated into the project design
, to avoid impacts to the larks'
nesting habitat (i.e., grassland).
CDFG shall be consulted regarding
suitable mitigation strategies.
18. The portion of Uvas Creek . Applicant Planning
adjacent to the project site is Division/Santa Clara
habitat for steel head. California Valley Water District
red-Jegged 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 infonnation on a
Stormwater Pollution Prevention
Plan pertinent to Uvas Creek.
19. A qualified biologist should survey Applicant Planning Division
the buildings on the site prior to
demolition to determine whether
bats are roosting in any building. If
bats are present, CDFG should be
consulted regarding appropriate
mitigation measures. Such
measures may include: scheduling
construction during the least critical
time of year for bats (i.e., in the late
summer after young have been
weaned), preventing bats from
roosting on the structures prior to
demolition by appropriately timed
placement of a barrier, and
implementation of a revegetation
plan to replace existing roosts (i.e..
planting trees).
Golden State Planning and Environmental Consulting.
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ViIJDge Green InitUzl Study Mitigation 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
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 (Le., 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 11 study will be required.
This study includes soil samples
taken from the site and tested by a
certified laboratory to determine
whether chemicals known to be
hazardous to human health exist
on the site. The Phase II study
also includes a risk analysis based
on the parts per million ota
particular chemical constituent
relative to current public health
standards. It there are chemicals
on the site that require
remediation, a Phase III report will
be required. This report would
include remediation activity. This
process (a disclosure process), is
subject to state protocol. All
reports shall be submitted to the
Planning Division and shall be
prepared prior to the city issuing a
22. grading permit ' Planning Division
Conceptual and final project siting, Applicant
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 projecl
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Golden State Planning and Environmental Consulting
. !'illDge Green lnitJal oSruay Mmgauon Jt'.lOlWunns rrul;,wm
.
-.
23. Applicant Planning Division
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 Emri1'07U7Umud Consulting. MMP-9
'.. Vilklge Green Initial Study MitigatiDn Monitoring ProlJl'am
Mitigation Monitoring Checklist.C
Before issuance of an Occupancy Permit, the following mitigation measures
shall be implemented.
Mitigation r 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 Co~nty
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. The applicant shall provide a Applicant City Engineering
pedestrian facility on the west side Division/Santa Clara
of Santa Teresa Boulevard along County
the project frontage with a
connection to the existing Uvas
Creek Trail. This shall be reviewed
and approved by the County of
Santa Clara.
9. The project applicant shall work Applicant c City Engineering
with VT A to provide transit service DivisionNT A
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. 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 pr~~ect site
after grading and the fina site
design. Currently, the project site
is approximately two feet above
Santa Teresa Boulevard at its
northern end and transitions to
about five feet below the roadway
at its southern end. If it is assumed
that the final elevation of the site is
the same as Santa Teresa
MMP-IO
Gokhn State Pkznning IInd Environmental Consulting
VUlDge Green ll1itUzl Study Mitigation Monitoring nogram
.,
tsoulevara 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
configura~ion of Santa Teresa
Boulevard.
A determination of the appropriate
finished height of a future noise
attenuation wall shall be
determined by the Planning
Division through review of site
plans. The city shall review plans
and approve the wall height prior to
issuance of a grading permit. An
additional noise study may be
required to determine the exact
height of the sound wall.
14. The area between the proposed Applicant Planning Division
extension of Third Street and the
creek shall be vegetated with a
dense mosaic of native trees and
shrubs. The vegetation will filter
light from the development and
provide a physical barrier between
the development and the wildlife
within the riparian woodland,
whereby the integrity of the habitat
will be maintained or enhanced.
This shall be integrated into a
landscaping plan subject to review
and approval by the city Planning
Division, prior to approval of a final
map.
15. The applicant shall install lighting Applicant Planning Division
such that illumination into the
riparian woodland does not occur,
subject to review and approval by
the city's Planning Division, prior to
the city issuing an occupancy
permit.
24. The applicant is responsible for Applicant Planning Division
~Ianting street trees along property
ontage within city and Caltrans
right-of-way consistent with the .-
requirements of the parks and
recreation department. Trees
Golden State Planning turd Emrironmental Consulting.
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!:lIlizge GreenlnitUzl Study KJtigation Monitoring Program
25:
p an sa. e ,"corpora In 0
the project's landscape plan, which
shall be reviewed and approved by
the city's Community services
Department. All street trees shall
be planted prior to building
occupancy associated with Phase
I.
If archaeological resources or
human remains are discovered
during construction. work shall be
halted within 200 feet of the find
until it can be evaluated by a
qualified professional
archaeologist. Furthermore, the
mitigation shall conform with
Appendix K (Archaeological
Impacts) of the CECA Guidelines.
Applicant
Planning Division
t.u
ti.
ty
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Golden Stal4 Plannmg and Environmental Consulting
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No, 2001-3 is an original ordinance, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 5th day of March, 2001, at which meeting a
quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 18th day of April, 2001.
4!i&~ i2~
City Clerk of the City of Gilroy
(Seal)
I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached
Resolution No. 2003-37 is an original resolution, or true and correct copy of a city resolution,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
2nd day of June, 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 23rd day of June, 2003,
~~~
City Clerk of the City of Gilroy
(Seal)