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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 \GBO\589638,1 052003-04706002 -1- 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 \GB0\589638.1 052003-04706002 -2- 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 \GB0\589638.1 052003-04706002 -3- 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 ,< 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. MMP-4 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 MMP-6 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. MMP-7 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 MMP-8 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. MMP-l1 !: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 MMP-12 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)