Resolution 2010-28
RESOLUTION NO. 2010-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING A/S PUD 08-022, AN APPLICATION
FOR ARCHITECTURAL AND SITE APPROVAL OF A
SKILLED NURSING FACILITY, AMBULATORY SURGERY
CENTER, AND COMMUNITY GARDEN ON 3.81 ACRES
LOCATED AT THE SOUTHWEST CORNER OF HECKER PASS
HIGHWAY AND SANTA TERESA BOULEVARD, APN NO.
810-66-012
WHEREAS, DMA Gilroy Partners, LLC, submitted application A/S PUD 08-022,
requesting architectural and site approval of the Village Green skilled nursing facility,
ambulatory surgery center, and community garden on 3.81 acres located at the southwest corner
of Hecker Pass Highway and Santa Teresa Boulevard, APN No. 810-66-012; and
WHEREAS, the Planning Commission held a duly noticed public hearing on February 4,
2010, at which time the Planning Commission considered the public testimony, the staff report
dated January 27, 2010 ("Staff Report"), and all other documentation related to application A/S
PUD 08-22, and recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on March 1,2010, and
considered the public testimony, the Staff Report, a supplemental staff report dated February 16,
2010, and all other documentation related to application A/S PUD 08-22; and
WHEREAS, the City Council held duly noticed meetings on April 5, 2010, and again on
June 14,2010, with a supplemental staff report dated June 7, 2010; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City
Council on March 1,2010 duly adopted a Mitigated Negative Declaration for this Project, and on
July 19, 2010, the City Council duly adopted a mitigation/monitoring program, attached hereto
as Exhibit "B"; 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:
-1-
Resolution No. 2010-28
\LAC\822779.1
Section I
The City Council hereby adopts the findings as required by Zoning Ordinance
Section 50.55 based upon substantial evidence in the entire record as summarized below:
1. The Project conforms to the Gilroy General Plan in terms of general
location and standards of development. It specifically conforms to the goals for infill
development. It is surrounded on three sides by existing development and the proposed
South Valley Community Church and School. The site and architectural design are
compatible with surrounding development, particularly the adjacent Village Green
Residential Community. The proposed buildings are setback from Hecker Pass Highway
to respect the 115' scenic corridor setback established in the Hecker Pass Specific Plan.
2. This Project will provide the type of development which will fill a specific
need of the surrounding area. The proposed skilled nursing facility and ambulatory
surgery center will provide expanded health care facilities for the benefit of the overall
community.
3. The Project does not require urban services beyond those that are currently
available at the Project site.
4. The Project provides a harmonious, integrated plan that justifies
exceptions to the normal requirements of the zoning ordinance. The project site is part of
the existing Village Green R3 PUD Zoning. The requested change to a revised R3 PUD
is to modify the allowed uses to permit the proposed skilled nursing and ambulatory
surgery center uses, which are not otherwise allowed in the R3 Zoning. The proposed
project does provide a harmonious, integrated plan. The combination of the applicant-
and staff-proposed amenities described below and the improvements to the private
driveways of the Cottages portion of the existing Village Green residential community
satisfy the intent of the PUD ordinance in justifying the exception from the R3 Zoning
District to allow the proposed health facilities. No exceptions to the physical
development standards of the R3 Zoning District are proposed.
5. The Project is an economical and efficient pattern of land uses. This is an
infill project which makes efficient use of the site, particularly in relation to the adjacent
City-owned corner parcel and existing storm drainage detention basin.
-2-
Resolution No. 2010-28
\LAC\822779.1
"~"V""" f\A"'7nCnon
6. The Project exceeds minimum City requirements for landscaping and open
space. The project includes a proposed walking path and community garden area for the
benefit of the adjacent Village Green residents and expanded open space landscaped area,
subject to future parking analysis. Additional landscaping is proposed along the west and
south edges of the adjacent city-owned parcel. A landscaped courtyard and seating area
is provided adjacent to the skilled nursing facility. The storm drainage detention basin
provides additional landscaped open space for the benefit of both this project and the
Village Green residential community.
7. The proposal utilizes aesthetic design principles to blend with the
character of the surrounding area. The design of the proposed buildings reflects the
architectural theme and earth tone color palette of the Village Green residential
community and is compatible with other surrounding development. The site plan is
enhanced by the various landscaped open space areas noted above.
8. The Project will not create traffic congestion, noise, odor or other adverse
effects on the surrounding area, as determined in the Initial Study and as described in the
Mitigated Negative Declaration adopted for this project.
9. The project provides adequate access, parking, landscaping, trash areas
and storage. The project site plan includes the number of parking spaces (62) required by
the zoning ordinance for convalescent homes, nursing homes and sanitariums.
Section II
Application A/S PUD 08-22 should be and hereby is approved subject to the
conditions of approval set forth in Exhibit "A" attached hereto and entitled "Final Conditions of
Approval - Village Green Skilled Nursing Facility A/S 08-22", and subject to the mitigation
measures set forth in the Mitigated Negative Declaration and the Mitigation Monitoring
Program, attached hereto as Exhibit "B".
Section III
This resolution shall become effective if, and only if, and at the same time
Ordinance No. 2010-11 approving Zoning application Z 08-02 takes effect. If Ordinance No.
-3-
Resolution No. 2010-28
\LAC\822779.1
neo......... n n A "7ncnon
2010-11 does not take effect, and/or the applicant fails to comply with its conditions, then A/S
PUD 08-22, without any further action required by the City Council, is denied and this
Resolution is null and void and the A/S PUD 08-22 is thereby denied.
PASSED AND ADOPTED this 19th day of July, 2010 by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ARELLANO, BRACCO, DILLON, GARTMAN,
TUCKER, WOODWARD and PINHEIRO
NONE
ABSENT:
COUNCILMEMBERS:
NONE
APPROVED:
~-~
Albert Pinheiro, Mayor
r\
(
Shawna Freels, City Clerk
-4-
Resolution No. 2010-28
\LAC\822779.1
I'\c....,.." nA"7I\CnOn
Final Conditions of Approval
Village Green Skilled Nursing Facility
A1S 08-22
Planning Division
1. This project shall conform to the plans prepared by Ruggeri-Jensen-Azar, dated January 25,
2010, as may be modified by the City Council approval of these applications and conditions
of approval.
2. The project shall incorporate all mitigation measures included in the Negative Declarationl
Mitigation Monitoring Program
3. The applicant shall work with City staff to design and construct modifications to all of the
private driveways within the Cottages portion of the existing Village Green residential
community. Those driveways are contained in lots 4 through 16 of Tract 9374. The purpose
of the modifications is to eliminate the rolled curbs to improve the ability of those residents to
drive in and out of their individual unit driveways and to improve pedestrian safety of the
walkways to their units and to eliminate temporary ramps that have been installed. The
design of the modifications shall be to the satisfaction of the City Engineer. Construction
shall be completed prior to City notification to the Statewide Office of Health Planning and
Development (OSHPD) transmitting authorization to issue the building permit for the project.
The failure to timely complete this condition or the filing by the applicant of any legal action
in regards to this condition shall cause the City Council approval of this A1S PUD 08-22 to
become null and void.
4. Completion of Landscaping Improvements required as a condition of prior Village Green
PUD approval (Ord. No. 2001-3) - The installation of landscaping improvements on the
parcel dedicated to the Uvas Creek Park Preserve at Santa Teresa Blvd and 3rd Street shall
be completed prior to City authorization to the Office of Statewide Health Planning and
Development (OSHPD) that all City requirements have been fulfilled for construction of the
proposed Village Green Skilled Nursing Facility and Ambulatory Surgery Center.
5. In order to provide a procedure for all such non-OSHPD requirements to be tracked and
approved, a Site Permit will be required that will stipulate requirements that are prerequisite
to the issuance of both building permit and final occupancy clearances to the Office of
Statewide Health Planning and Development (OSHPD) by the City.
6. Complete the following additional amenity requirements to the satisfaction of the Community
Development Department. Plans for these improvements shall be submitted and approved
prior to issuance of a building permit.
A. In addition to the tree landscaping to be installed on the city-owned parcel, along the
common boundary with the project site, the applicant shall be required to install and
maintain landscaping on the city-owned parcel consisting of a native wildflower meadow
or other similar concept that improves the view of this gateway location, until the ultimate
development of this area with the proposed bicycle staging area.
Exhibit A
2
B. The applicant shall install replacement plantings and repair any malfunctioning irrigation
within the existing landscaping in the public right-of-way along the Santa Teresa
Boulevard frontage of the project site, and the city-owned parcel to ensure this area is
fully landscaped.
6. If at any time during the first two years of full operation of both the Skilled Nursing Facility
and Ambulatory Surgery Center a problem with inadequate on-site parking is identified by
the City, the applicant shall provide funding for a parking study, conducted by the city, to
identify if additional parking is required. If so, the applicant shall install such additional
parking spaces as shown on the Site Plan, subject to subsequent Architectural and Site
approval.
7. Landscaping: Landscaping plans including specifications for an irrigation system shall
be approved by the Planning Director 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.
8. Exterior Lighting: No unobstructed beam of exterior lighting shall be directed outward
from the site toward any residential use or public right-of-way.
9. 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.
10.AII backflow devices shall be painted an earthtone color, so that they blend with their
surroundings, and shall be heavily landscaped.
11. Outdoor Storage: All outdoor storage and loading areas must be screened from public
view with a combination of landscaping, solid fencing and building design and orientation.
12. Landscaping and irrigation for the project shall comply with the State Model Water Efficient
Landscape Ordinance. Review and approval of the plans and installation for the landscaping
and irrigation shall follow the procedures specified by the ordinance.
Enaineerina Division
13./nstallation of Median in Hecker Pass Highway - The applicant shall design and construct a
median in Hecker Pass Highway, subject to review and approval by the City and Cal Trans.
Should Cal Trans oppose the installation of the median, this condition will be considered
void.
Exhibit A
3
14.ln lieu of construction of the standard concrete sidewalk along the Hecker Pass Highway
frontage of the project site, the applicant shall construct an Urban Shared-Use Trail as
described in the City's Trails Master Plan, consisting of a 12-foot wide paved pathway for
use by pedestrians and bicyclists. When the future Class I trail included in the Hecker Pass
Specific Plan is constructed, the applicant will be required to provide a safety barrier and
other improvements to satisfy the City and Caltrans requirements for the trail. The applicant
shall provide standard city sidewalk improvements across the city-owned parcel to connect
the trail to the existing sidewalk at the corner. The applicant will be required to execute a
Deferred Improvement Agreement with the City for these improvements. The design of the
trail, consistent with the City Trail Master Plan, will supercede the design shown in Section
B-B on page 3 of the plan set.
15.ln lieu of construction of the standard concrete sidewalk along the Hecker Pass Highway
frontage of the project site, the applicant shall construct an Urban Shared-Use Trail as
described in Planning Division Condition 4. A, above.
16. The final design for the Urban Shared-Use Trail along the project frontage on Hecker Pass
Highway (SR 152) shall be presented to the Planning Commission for their review and
approval prior to issuance of the first building permit.
17. Provide design and dedication for bicycle path along Hecker Pass Highway.
18. Damaged or substandard curb gutter sidewalk and or driveway approaches to remain along
project frontages shall be replaced with current City Standards and conform to existing
adjacent properties
19.Applicant shall be required to obtain an encroachment permit from the CITY OF GILROY for
all work in City right of way.
20.Applicant shall be required to obtain and submit an approved encroachment permit from
SANTA CLARA COUNTY for work along Santa Teresa Boulevard.
21.Applicant shall be required to obtain and submit an approved encroachment permit from
CAL TRANS for work along SR 152.
22. Improvement plans submitted for building permit encroachment permit and or tract
improvements shall include a construction traffic control plan for activities performed within
City right of way.
23. Improvement plans submitted for building permit encroachment permit and or tract
improvements shall include an approved construction traffic control plan from CAL TRANS for
roadway work along SR 152.
24. During the construction phase of the project, emergency access, including an all weather
road meeting Fire Department requirements and water infrastructure, shall be installed prior
Exhibit A
4
to issuance of a building permit. Other infrastructure deemed necessary by the City
Engineer or Building Official shall be installed per their written direction.
25. Provide fence and pedestrian gate on property line to prevent vehicles from using paved
access road.
26. Show how irrigation will be provided to HOA community garden.
27. Provide isolation valves for waterline connection on Hecker Pass Highway.
28. Street lighting shall be designed to current City Standards.
29.At a minimum lighting requirements apply to project frontages of Santa Teresa Boulevard
and Hecker Pass Highway SR 152.
30. Water and sewer allocation agreement is required at building permit for commercial industrial
portion of development.
31. Verify 6 inch sanitary sewer line is adequate.
32. Storm runoff shall not exceed predevelopment rate.
33. Grading erosion control and drainage plans are required and shall be subject to the review
and approval of the Engineering Division prior to building permit issuance.
34. Site preparation and fill construction shall be conducted under the observation of and tested
by a licensed soils or geotechnical engineer A report shall be filed with the City of Gilroy
stating that all site preparation and fill construction meets the requirements of the
geotechnical investigation. This shall be subject to review and approval by the Engineering
Division 3 The foundation design based on soils tests shall be reviewed and approved by the
Community Development Department.
35.AII retaining walls shall be masonry and shall be a modular system subject to the review and
approval of the Planning Building and Engineering Divisions.
36. Any retaining wall in excess of 48 inches tall from the bottom of the footing to the top of the
wall or supporting a surcharge will need to have a building permit and engineering
calculations submitted to the Building Department
37. Any work in the public right-of-way shall require a signing and striping plan prepared by a
licensed professional engineer with experience in preparing sign and striping plans Plans
shall be overlaid on an existing current aerial Where proposed improvements are an
extension of an existing street and or conform to existing adjacent improvements signing and
striping plans shall encompass the minimum areas indicated in the City s current policy.
Exhibit A
5
38. Any work in the public right-of-way shall require a traffic control plan prepared by a licensed
professional engineer with experience in traffic control preparation Plans shall be prepared in
accordance with the requirements of the latest edition of the California Manual on Uniform
Traffic Control Devices.
39. New and existing utility lines appurtenances and associated equipment including but not
limited to electrical transmission street lighting and cable television shall be required to be
placed underground.
Fire Department
40. Compliance with Fire and Building Codes will be the responsibility of the Office of Statewide
Health Planning and Development (OSHPD). Any of the following requirements that are
more restrictive than State Codes shall be communicated with OSHPD for inclusion in the
construction plans.
41. Buildings shall have a fire sprinkler system installed Fire sprinkler systems shall meet NFPA
13 and are subject to review and approval by Fire Prevention.
42. Fire Alarm systems, at a minimum, shall provide water flow monitoring for each floor level, a
tamper switch at the DDC and PIV (if one is present), a pull station and smoke detector at
the riser location. A separate permit is required for the Fire Alarm System. Other fire alarm
system components will be added pursuant to the Fire and Building Code for the occupancy
classification of the building.
43. Private Fire Water Supply shall consist of an aboveground DDCA with integrated FDC at the
property line, near the driveway to Santa Teresa DDCA to meet City Standard and be
supervised for tamper. A separate permit and approval are required for the on-site water
supply.
44.A street hydrant shall be within 50 feet of the FDC.
45. All buildings and uses shall have fire engine access within 150 feet of any portion of the
building or use. Roads shall be all weather and capable of supporting a 40,000 pound
apparatus and provide an inside turn radius of 39 feet. Fire access shall be reviewed and
approved by Fire Prevention.
46. Buildings shall not have high voltage power lines pass over them and shall have a minimum
horizontal set-back of 10 feet from such lines.
47.AII buildings and tenants shall have Model 3201 KNOX boxes installed at each tenant s main
entry. All locked gates shall be provided with KNOX access.
48. The following standards shall apply to lighting address identification and parking areas:
Exhibit A
6
A) The address number of every commercial building shall be illuminated during the hours
of darkness so that it shall be easily visible from the street. The numerals in these
numbers shall be no less than six 6 inches in height and be of a color contrasting to the
background. In addition, any business which affords vehicular access to the rear through
any driveway alleyway or parking lot shall also display the same numbers on the rear of
the building.
B) All exterior commercial doors during the hours of darkness shall be illuminated with a
minimum of one foot candle of light. All exterior bulbs shall be protected by weather-and
vandalism-resistant covers.
C) Open parking lots and access thereto providing more than ten 10 parking spaces and for
use by the general public shall be provided with a maintained minimum of one foot-
candle of light on the parking surface from dusk until the termination of business every
operating day.
46. Elevators shall be equipped as follows:
A) Passenger elevators the interiors of which are not completely visible when the car doors
is open shall have mirrors so placed as to make visible the whole of the elevator interior
to prospective passengers. Outside the elevator mirrors shall be framed and mounted to
minimize the possibility of their accidentally falling or shattering.
B) Elevator emergency stop button shall be so installed and connected as to activate the
elevator alarm.
C) When required typically for three or greater stories the elevator shall meet the minimum
size for gurneys as used by the Gilroy Fire Department This is the same dimension as
the City of San Jose standard gurney detail diagram This calls for a minimum inside
dimension of 80 by 65 inches.
47. Buildings to support adequate public safety radio coverage. Any building or structure with
over ten thousand 10,000 square feet which fails to support adequate radio coverage for the
city's public safety communication systems shall include an amplification system to provide
for voice and data communications for police and fire division personnel.
48. For purposes of this section adequate radio coverage shall include all of the following:
A) A minimum signal strength of 95 dBm available in ninety percent (90%) of the area of
each floor of the building when transmitted from the closest city public safety
communications system site.
B) A minimum signal strength of95 dBm received at the closest city public safety
communications system site when transmitted from ninety percent (90%) of the area of
each
floor of the building.
C) The frequency range which must be supported shall be 150--174MHz voice and unknown
MHz data.
Exhibit A
7
D) A ninety percent (90%) reliability factor.
E) Amplification systems allowed include:
1. A radiating cable system; or
2. An internal multiple antenna system with FCC type accepted bi-directional amplifiers
as needed.
F) If any part of the installed system or systems contains an electrically powered component
the system shall be capable of operating on an independent battery and/or generator
system for a period of at least twelve (12) hours without an external power input The
battery system shall automatically charge in the presence of an external power input.
49.Any use of hazardous materials shall be in conformance with the California Fire Code, as
adopted by the City of Gilroy, and the City s Hazardous Materials Storage Ordinance.
Information, plans, and a list of hazardous materials shall be provided to the Chemical
Control Program prior to building permit issuance for determination of requirements. A
permit shall be obtained from the Fire Marshal prior to occupancy.
50. Emergency Generators require separate plan review and permits. Fuel tanks shall meet the
UFC article 79 and 80 requirements.
51.AII new commercial and industrial buildings shall have a sewer test manhole installed on the
property (see City Specifications) and in an area that can be readily accessed by an
inspector (minimum of one for each building). For tenants with industrial waste treatment
systems a separate sewer test manhole shall be required.
52. Kitchens Cooking facilities: All cooking facilities shall be provided with a grease trap or
clarifier sized for the anticipated flows. No garbage disposals are allowed. See Chemical
Control Grease Interceptor Policy Documents for sizing and type.
53. Industrial Water Softening systems (resin cartridges) may not be regenerated on site. A
cartridge change-out type system is permitted.
54.An industrial waste discharge permit is required from the Chemical Control Program prior to
any industrial waste water discharge to the Sanitary Sewer System. The permit shall be
maintained and renewed as required.
55. Vehicle parking and storage areas shall be paved and sloped to drain to storm drains with
filter inserts to keep oils and debris out of the storm drain system. Such inserts shall be kept
on a maintenance contract and annual certification of service provided to the Chemical
Control Program.
56. Vehicle Washing or other washing operations that may generate oily residues shall be
drained to an oil water separator. Rainwater is prohibited from entering the separator.
Separate plans and approval are required for vehicle wash pads.
Exhibit A
8
Police
57. Change the laminar and solar lighting throughout the project. The low laminar path lighting is
extremely vulnerable to vandalism and does not broadcast an even disbursement of light In
past we have seen large amounts of damage to these types of lights. The solar lighting
presents the same concerns with one additional concern. Solar type lighting usually does not
allow the owner the option of controlling when the lights are operating. When the lights are
on it may encourage use at times when the owner operator does not want use.
58. Parking lots should provide between 2 0 and 3 0 foot candles of lighting.
59. Pathways should provide between 2 0 and 3 0 foot candles of lighting.
60. Trees should be skirted to the height of six feet to allow for visibility around the area. Make
sure the trees along Santa Teresa Blvd. are skirted to a point of allowing proper visibility for
vehicles exiting southbound onto Santa Teresa Blvd.
Community Services
61. The developer shall be required to install street trees according to the Consolidated
Landscaping Policy. The developer will be required to obtain a Street Tree Permit prior to
installation of the trees. This shall be subject to the review and approval of the Community
Services Division.
Exhibit A
~ o~ Gll
,,,",, .. .:. of
"-. .......,
, VI ." \..../
j .,' ~
.. 1
, . .
~.
C!:itp of c1ilro!,
Planning 0M8l0n
EngNerIng DMslon
BuUdng. L.te & Environmental Safely DMaton
HousIng & Comtoonlty DtMIopment
COMMUNITY DEVELOPMENT DEPARTMENT
7351 Rosanna Street, Gilroy, CA 95020
(408)84&0440 FAX: (408)846-0429
(408) 84&0450 FAX: (408) 846-0429
(408)84&Om FAX:(408)84&0429
(408)~ FAX: (408)84&0429
Community Development Department
Planning Division (408) 846-0440
REVISED MITIGATED NEGATIVE DECLARATION
City of Gilroy
Community Development Department
7351 Rosanna St.
Gilroy, CA 95020
City File Number: AIS 08-22, Z 08-02
Proiect Description:
Name of Project: Village Green Skilled Nursing Facility
Nature of Project: The proposed project consists of a zone change to remove the restriction
on the parcel that it remains an estate lot, and the subsequent development
of a skilled nursing facility, ambulatory surgery center, and community
garden. The two-story skilled nursing facility would include 120 licensed
beds and would total 54,925 square feet. The one-story ambulatory
surgery center would total 5.300 square feet.
Proiect Location:
Location: The 3 .8 I-acre project site is generally located at the southwest comer of Hecker
Pass Highway (SR 152) and Santa Teresa Boulevard within the City of Gilroy
limits, located in Santa Clara County.
Assessor's Parcel Number: 810-66-012
Entity or Person(s) Undertakine Proiect:
Name: City of Gilroy Community Development Department
Address: 7351 Rosanna Street, Gilroy, CA 95020
Staff Planner: Stan Ketchum, stan.ketchum@ci.gilroy.ca.us
"Fi", In Sernce to the CommunitY'
Village Green Skilled Nursing Facility
Proposed Mitigated Negative Declaration
2
January 4, 2010
Initial Studv:
An initial study of this project was undertaken and prepared for the purpose of ascertaining
whether this project might have a significant effect on the environment. A copy of this study is
attached.
Findina & Reasons:
The initial study identified potentially significant effects on the environment. However,
mitigations for those effects have been identified (see Mitigation Measures below which avoid or
mitigate the effects) to a point where no significant effects will occur. There is no substantial
evidence the project may have a significant effect on the environment. The following reasons
will support these findings:
> The proposed project is well within the City limits, is surrounded by existing or proposed
development, and is located within an area zoned for medium density residential uses.
> Identified adverse impacts are proposed to be mitigated.
)- The proposed project is consistent with the adopted goals and policies of the General Plan
of the City of Gilroy.
)- City staff independently reviewed the Initial Study, and this Negative Declaration reflects
the independent judgment of the City of Gilroy.
> With the application of the following Mitigation Measures the proposed project will not
have any significant impacts on the environment.
> The Gilroy Planning Division is the custodian of the documents and other material that
constitute the record of proceedings upon which this decision is based.
Miti2ations
Aesthetics
AES-I. Signs along Hecker Pass Highway (SR152) shall conform to the following applicable
standards, which are taken from the Hecker Pass Specific Plan and mod1fied as applicable
for the proposed project:
1. SlgDS should be mrorporated into the architecture whenever possible and are enrouraged
to use historic, agricultural, or rural themes and styles.
2. Signs may only be located on the property for which the sign is intended.
3. Off-site signage and advertising signage are prohibited and off.slte signage is prohibIted.
4. Slgnage may be illummated externally, but neon and exposed bulbs are not allowed.
Village Green Skilled Nursing Facility
Proposed Mitigated Negative Declaration
3
November 9, 2009
5. Supportmg structures for any sign shall be made of natural or natural looking matenals
and signs may be free standmg, mounted on walls, or mounted on other structures.
6. Freestandmg signs may be a maximum of8 feet tall but may not exceed 15 square feet.
In addition to these requirements. signage VIsible from Hecker Pass Highway shall be subject
to the requirements of Semon 5440.1 of the Business and Professions Code (Outdoor
Advertising Act) in order to meet Caltrans requirements for Scenic Highways.
Signage not along Hecker Pass Highway (SRI 52) shall be regulated by the City of Gilroy
sign ordinance.
AES-2. All utilities shall be placed underground, as proposed by the applicant in notes 22 and 23 of
the project plans title sheet.
Air Quality
AQ-l. Dunng construction, the following measures shall be implemented at the construction site:
Basic Control Measures
1. Water all active construction areas at least twice daily;
2. Cover alllrUcks hauling soil, sand, and other loose materials or require trucks to maintain
at least two feet of freeboard;
3. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers no all unpaved
access roads, parking areas, and staging areas at construction sites;
4. Sweep daily (Wlth water sweeper) all paved access roads, parking areas, and stagIng areas
at construction sites;
5. Sweep streets daily (with water sweepers) if VISible soil material IS carried onto adjacent
public streets.
Additional Control Measures
6. Install wheel washers for all eXiting trucks, or wash off the tires or tracks of all trucks and
equipment leaving the site;
7. Suspend excavation and grading actiVIty when winds (instantaneous gusts) exceed 25 mph
or visible clouds affect sensitive receptors.
AQ-2. During construction, the following measures shall be lIDplemented at construction sites:
I. The idling time of all construction equipment shall not exceed five II1lnutes;
Village Green Skilled Nursing Facility
Proposed Mitigated Negative Declaration
4
November 9. 2009
2. Limits the hours of operation of heavy duty equipment and/or the amount of equipment
in use;
3. All equipment shall be property tuned and ma10tained 10 accordance with the
manufacturer's specifications;
4. When feasible, alternative fueled or electrical construction equipment shall be used at the
project site;
5. Use the minimum practical engine size for construction equipment;
6. Gasoline-powered equipment shall be equipped with catalytic converters, where feasible.
AQ-3. If the existing on-site buildmg was constructed prior to 1980, the developer shall consult with
the BAAQMD Enforcement Division prior to commencing demolition and the demolition,
renovation or removal of the asbestos-containing building materials will be subject to the
limitations of DIstrict Regulation 11, Rule 2: Hazardous Matena1s; Asbestos Demolition,
Renovation and Manufacturing.
Cultural Resources
CR-I. Due to the possibility that SJ.gD.ificant buried cultural resources might be found during
construction, the following language shall be included on any permits issued for the project
SIte, subject to the review and approval of the Gilroy Planning Division (pursuant to Gilroy
General Plan Policy 5.07):
If archaeological resources are discovered during construction, work shall be baIted within
50 meters (165 feet) of the find until a quahfied professional archaeologist can evaluate It. If
the find is determined to be significant, appropnate mitigation measures shall be formulated
and implemented.
CR-2. In the event of an accidental discovery or recognition of any human remains in any location
other than a dedicated cemetery, the City shall ensure that the language is mc1uded in all
permits in accordance with CEQA Guidelmes seCtlon 15064.5(e), subject to the revIew and
approval of the City of Gilroy Planning DlVlsion:
If human remains are found during construction there shall be no further excavation or
disturbance of the site or any nearby area reasonably suspected to overlie adjacent human
remains until the coroner of Santa Clara County is contacted to determine that no
investigation of the cause of death is required. If the coroner determmes the remams to be
Native American the coroner shall contact the Native American Heritage Comnnssion
within 24 hours. The Native American Hentage Connrnssion shall identify the person or
persons it believes to be the most likely descendent MLD) from the deceased Native
Village Green Skilled Nursing Facility
Proposed Mitigated Negative Declaration
5
November 9. 2009
American. The MLD may then make recommendations to the landowner or the person
responsible for the excavation work, for means of treating or disposing of, with appropriate
dignIty, the human remams and associated grave goods as provided in Public Resources
Code Section 5097.98. The landowner or his authorized representative shall rebury the
Native Amencan human remains and associated grave goods with appropriate dignity on
the property in a location not subject to further disturbance n: a) the Native Amencan
Heritage Commlssion is unable to identify a MLD or the MLD failed to make a
recommendation within 24 hours after being not:1fi.ed by the commission; b) the descendent
identified fails to make a recommendation; or c) the landowner or hJs authorized
representative rejects the recommendation of the descendent, and the mewatlOn by the
Native American Heritage Commission fails to provide measures acceptable to the
landowner .
Geology and Soils
GS-I. The project developer shall implement the recommendations of the 1999 Engeo
Geotechnical Exploration report, including the any recommendations for supplemental
exploration. The recommendations and supplemental reports shan be subject to review and
approval by the Gilroy Engineering DivislOn prior to issuance of Grading Permit.
Hydrology and Water Quality
HWQ-l. Prior to issuance of a grading pemnt, the project developer shall locate the septic
system and have it removed or properly capped in compliance with the requrrements of the
CIty of Gilroy and/or the Santa Oara County Environmental Health Department.
HWQ-2. The project developer shall comply With all City of Gilroy and Regional Water
Quality Control Board requIrements for the proper treatment and retention! detention of
storm water. Comphance with these requirements shall be confirmed prior to issuance of a
grading permit.
Noise
N-l. The apphcant shall include noise attenuatIon features for the buildings adjacent to Santa
Teresa Boulevard to ensure that the indoor noise level does not exceed 45 dBA. Evidence of
compliance shall be subject to review and approval by the Gilroy Planning Division, prior to
notification of Office of StateWide Health Planning and Development that all city approvals
have been issued.
N-2. The following language shall be included on any permits issued for the project Site.
Village Green Skilled Nursing Facility
Proposed Mitigated Negative Declaration
6
November 9, 2009
a. Noise generating constructlon activities shall be limited to weekdays between 7 AM and 7
PM and to Saturdays and City hohdays between 9 AM and 7 PM. No construction is
allowed on Sundays;
b. All internal combusbon engine-driven equipment shall be equipped WIth muftlers that are
in good condition and appropriate for the eqUlpment; and
c. Stationary noise-generating equIpment shall be located as far as possible from the adjacent
residences.
N-3. The developer shall ensure that the rooftop HVAC equipment will not result in unacceptable
noise levels at the adjacent residences. Acceptable noise levels are identified in Figure 8-3 of
the General Plan. Documentation shall be proVIded to the Gilroy Planning Division, prior to
notification of Office of Statewide Health Planning and Development that all city approvals
have been issued.
Date Prepared: November 9, 2009
End of Review Period: December 17, 2009
~ IW--,
Stan Ketchum
Senior Planner
Stan.ketchum@ci.gilroy.ca.us
Village Green Skilled Nursing Facility
AIS 08-22, Z 08-02
Mitigation Monitoring Program
Introduction
CEQA Guidelines section 15097 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 of project approval during project implementation in
order to avoid significant adverse environmental effects.
The law was passed in response to historic non-implementation of mitigation measures
presented in environmental documents and subsequently adopted as conditions of
project approval. In addition, monitoring ensures that mitigation measures are
implemented and thereby provides a mechanism to evaluate the effectiveness of the
mitigation measures.
A definitive set of project conditions would include enough detailed information and
enforcement procedures to ensure the measure's compliance. 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 project
mitigated negative declaration. These mitigation measures are designed to eliminate or
reduce significant adverse environmental effects to less than significant levels. 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
mitigated negative declaration.
Monitoring Program Procedures
The City of Gilroy shall use the attached monitoring checklist for the proposed project.
The monitoring program should be implemented as fonows:
1. The Gilroy Community Development Department should be responsible for
coordination of the monitoring program, including the monitoring checklist. The
Community Development Department should be responsible for completing the
City of Gilroy
Village Green Skilled Nursing Facility
Mitigation Monitoring Program
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
complied with. Once all mitigation measures have been complied with, the
responsible individual or agency should submit a copy of the monitoring checklist
to the Community Development Department to be placed in the project file. If
the mitigation measure has not been complied with, the monitoring checklist
should not be returned to the Community Development Department.
3. The Gilroy Community Development Department will review the checklist to
ensure that appropriate mitigation measures and additional conditions of project
approval included in the monitoring checklist have been complied with at the
appropriate time, e.g. prior to issuance of a use permit, etc. Compliance with
mitigation measures is required for project approvals.
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 Community Development
Department, describing the non-compliance and requiring compliance within a
specified period of time. If 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.
2 City of Gilroy
Village Green Skilled Nursing Facility A/S 08-22, Z 08-02
Mitigation Monitoring Checklist
Step 1. Prior to approval of the gading permit, the following mitigation measures
shall be included on the grading plans: .
Mitigation Measure AQ-1
During construction, the following measures shall be implemented at the
construction site:
Basic Control Measures
1. Water all active construction areas at least twice daily;
2. Cover all trucks hauling soil, sand, and other loose materials or require
trucks to maintain at least two feet of freeboard;
3. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers no
all unpaved access roads, parking areas, and staging areas at construction
sites;
4. Sweep daily (with water sweeper) all paved access roads, parking areas,
and staging areas at construction sites;
5. Sweep streets daily (with water sweepers) ifvisible soil material is carried
onto adjacent public streets.
Additional Control Measures
6. Install wheel washers for all exiting trucks, or wash off the tires or tracks of
all trucks and equipment leaving the site;
7. Suspend excavation and grading activity when winds (instantaneous gusts)
exceed 25 mph or visible clouds affect sensitive receptors.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure AQ-2
During construction, the following measures shall be implemented at
construction sites:
1. The idling time of all construction equipment shall not exceed five minutes;
2. Limits the hours of operation of heavy duty equipment and/or the amount
of equipment in use;
r.itv nf ~;Irov
1
ViHage GfHfJ Skilled Nursing Facility
Mitigation Monitoring Checklist
3. All equipment shall be property tuned and maintained in accordance with
the manufacturer's specifications;
4. When feasible, alternative fueled or electrical construction equipment shall
be used at the project site;
5 . Use the minimum practical engine size for construction equipment;
6. Gasoline-powered equipment shall be equipped with catalytic converters,
where feasible.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure AQ-3
If the existing on-site building was constructed prior to 1980, the developer
shall consult with the BAAQMD Enforcement Division prior to
commencing demolition and the demolition, renovation or removal of the
asbestos-containing building materials will be subject to the limitations of
District Regulation 11, Rule 2: Hazardous Materials; Asbestos Demolition,
Renovation and Manufacturing.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure CR-l
Due to the possibility that significant buried cultural resources might be found
during construction, the following language shall be included on any permits
issued for the project site, subject to the review and approval of the Gilroy
Planning Division (pursuant to Gilroy General Plan Policy 5.07):
If archaeological resources are discovered during construction, work shall be
halted within 50 meters (165 feet) of the find until a qualified professional
archaeologist can evaluate it. If the find is determined to be significant,
appropriate mitigation measures shall be fonnulated and implemented.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
City of Gilroy
2
VillsDB GnJen Skilltld NunsinD Facility
MitiQStion Monitoring Checklist
Mitigation Measure CR-2
In the event of an accidental discovery or recognition of any human remains
in any location other than a dedicated cemetery. the City shall ensure that the
language is included in all permits in accordance with CEQA Guidelines
section 15064.5(e), subject to the review and approval of the City of Gilroy
Planning Division:
Ifhuman remains are found during construction there shall be no further
excavation or disturbance of the site or any nearby area reasonably suspected
to overlie adjacent human remains until the coroner of Santa Oara County is
contacted to determine that no investigation of the cause of death is required.
If the coroner determines the remains to be Native American the coroner shall
contact the Native American Heritage Commission within 24 hours. The
Native American Heritage Commission shall identify the person or persons it
believes to be the most likely descendent MLD) from the deceased Native
American. The MLD may then make recommendations to the landowner or
the person responsible for the excavation work, for means of treating or
disposing of, with appropriate dignity, the human remains and associated
grave goods as provided in Public Resources Code Section 5097.98. The
landowner or his authorized representative shall rebury the Native American
human remains and associated grave goods with appropriate dignity on the
property in a location not subject to further disturbance if: a) the Native
American Heritage Commission is unable to identify a MLD or the MLD
failed to make a recommendation within 24 hours after being notified by the
commission; b) the descendent identified fails to make a recommendation; or
c) the landowner or his authorized representative rejects the recommendation
of the descendent, and the mediation by the Native American Heritage
Commission fails to provide measures acceptable to the landowner.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure GS-l
The project developer shall implement the recommendations of the 1999
Engeo Geotechnical Exploration report, including the any recommendations
for supplemental exploration. The recommendations and supplemental
reports shall be subject to review and approval by the Gilroy Engineering
Division prior to issuance of Grading Permit.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Engineering Division
City of Gilroy
3
Villag6 Green Skilled Nursing Facility
MItigation Monitoring Checklist
Mitigation Measure HWQ-1
Prior to issuance of a grading permit, the project developer shall locate the
septic system and have it removed or properly capped in compliance with the
requirements of the City of Gilroy and/or the Santa Clara County
Environmental Health Department.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure HWQ-2
The project developer shall comply with all City of Gilroy and Regional
Water Quality Control Board requirements for the proper treatment and
retention/detention ofstonn water. Compliance with these requirements shall
be confirmed prior to issuance of a grading permit.
Party Responsible for Implementation: Applicant
Party Responsible for Moniton'ng: Gilroy Planning Division
Mitigation Measure N.2
The following language shall be included on any permits issued for the project
site.
a. Noise generating construction activities shall be limited to weekdays
between 7 AM and 7 PM and to Saturdays and City holidays between 9 AM
and 7 PM. No construction is allowed on Sundays;
b. All internal combustion engine-driven equipment shall be equipped with
mufflers that are in good condition and appropriate for the equipment; and
c. Stationary noise-generating equipment shall be located as far as possible
from the adjacent residences.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gt'lroy Planning Division
Citv of Gilroy
4
ViI/age Green SkiRed Nursing FacHity
Mitigation Monitoring Checklist
Step 2. Prior to the issuance of a building permit, the following mitigation measures
shall be included in the building plans:
Mitigation Measure AES-1
Signs aIong Hecker Pass Highway (SRI52) shall conform to the following
applicable standards, which are taken from the Hecker Pass Specific Plan and
modified as applicable for the proposed project:
I. Signs should be incorporated into the architecture whenever possible and
are encouraged to use historic, agricultural, or rural themes and styles.
2. Signs may only be located on the property for which the sign is intended.
3. Off-site signage and advertising sign age are prohibited and off-site signage
is prohibited.
4. Signage may be illuminated externally, but neon and exposed bulbs are not
allowed.
5. Supporting structures for any sign shall be made of natural or natural
looking materials and signs may be free standing, mounted on walls, or
mounted on other structures.
6. Freestanding signs maybe a maximum of 8 feet tall but may not exceed 15
square feet.
In addition to these requirements,signage visible from Hecker Pass Highway
shall be subject to the requirements of Section 5440.1 of the Business and
Professions Code (Outdoor Advertising Act) in order to meet Caltrans
requirements for Scenic Highways.
Signage not along Hecker Pass Highway (SRI 52) shall be regulated by the
City of Gilroy sign ordinance.
Party Responsible Jor Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
City of Gilrov
5
Village Green SkiUed Nursing Facility
Mitigation Monitoring Checklist
Mitigation Measure N-1
The applicant shall include noise attenuation features for the buildings
adjacent to Santa Teresa Boulevard to ensure that the indoor noise level does
not exceed 45 dBA. Evidence of compliance shall be subject to review and
approval by the Gilroy Planning Division, prior to notification of Office of
Statewide Health Planning and Development that all city approvals have been
issued.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure N-3
The developer shall ensure that the rooftop HV AC equipment will not result
in unacceptable noise levels at the adjacent residences. Acceptable noise levels
are identified in Figure 8-3 of the General Plan. Documentation shall be
provided to the Gilroy Planning Division, prior to notification of Office of
Statewide Health Planning and Development that all city approvals have been
issued.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Step 3. Prior to the issuance of an occupancy permit, the following mitigation
measures shall be address:
Mitigation Measure AES-2
All utilities shall be placed underground, as proposed by the applicant in notes
22 and 23 of the project plans title sheet.
Party Responsible for implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
City of Gilroy
6
I, SHA WNA FREELS, City Clerk ofthe City of Gilroy, do hereby certify that the
attached Resolution No. 2010-28 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 19th day of July, 2010, 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 220d day of July, 2010.
(Seal)