Ordinance 1996-08r
ORDINANCE NO. 96 -8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY REZONING CERTAIN PROPERTY FROM Al
(AGRICULTURE) TO R1 -PUD (SINGLE FAMILY
RESIDENTIAL - PLANNED UNIT DEVELOPMENT) AND
COMBINING THIS NEWLY DESIGNATED R1 -PUD
PROPERTY WITH EXISTING R1 -PUD AND R3 -PUD
(MEDIUM DENSITY RESIDENTIAL - PLANNED UNIT
DEVELOPMENT) PROPERTY TO CREATE A CONSOLIDATED
PUD (PLANNED UNIT DEVELOPMENT) ON
APPROXIMATELY 38 ACRES, Z 95 -09, A PORTION OF
APN 808 -20 -006, -011, and -016.
WHEREAS, Thomas Road Properties ( "applicant ") has
submitted Z 95 -09 requesting an amendment to the City of Gilroy's
Zoning Map so that certain property is rezoned from Al
(agriculture) to R1 -PUB (single family residential - planned unit
development) and that this newly designated R1 -PUD property be
combined with existing R1 -PUD and R3 -PUD (medium density
residential - planned unit development) property to create a
consolidated PUD (planned unit development) on approximately 38
acres; and
WHEREAS, the property affected by Z 95 -09 is located on
the west side of Thomas Road, north of Babbs Creek, such land being
indicated on a map attached hereto as Exhibit "A" and incorporated
herein by reference; and
WHEREAS, the City has prepared and circulated an initial
study for the proposed project in accordance with the California
Environmental Quality Act ( "CEQA ") ; and
WHEREAS, following its review of the initial study, the
City has prepared and circulated a Negative Declaration for the
project with 30 mitigation measures incorporated into the project,
such Negative Declaration as is attached hereto as Exhibit "B" and
incorporated herein by this reference; and
WHEREAS, the Planning Commission held a duly noticed
public hearing on Z 95 -09 on April 9, 1996, and after that hearing
recommended adoption of the Negative Declaration and voted to
WJOW58.01 -1_ ORDINANCE NO. 96 -8
62-052404706002
recommend approval of Z 95 -09; and
WHEREAS, this City Council held a duly noticed public
hearing on Z 95 -09 on April 22, 1996, at which public hearing the
City Council considered the project, proposed conditions and
mitigation measures and a mitigation monitoring program and, based
upon substantial evidence produced both in writing and orally,
resolved that the Negative Declaration for the project should be
adopted and the project approved with conditions; and
WHEREAS, the location and custodian of the documents or
other material which constitute the record of proceedings upon
which this ordinance is based is the office of the City Clerk.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I
The project is consistent with the Gilroy General Plan
because it conforms to the land use designation for the property on
the General Plan Map and is consistent with the intent of the text,
goals, and policies of the General Plan.
SECTION II
The City Council hereby adopts the Negative Declaration
set forth in Exhibit "B" and thereby adopts the mitigation measures
contained therein and the mitigation monitoring rpogram attached
thereto, finding as follows:
1. The Negative declaration has been prepared in
accordance with CEQA and reflects the independent judgment of the
City; and
2. There was no substantial evidence before the City
Council that the project as mitigated may have a significant effect
on the environment.
SECTION III
A. Z 95 -09 should be and hereby is approved, subject to
the mitigation measures contained within and the mitigation
monitoring program attached to the Negative Declaration.
1RPJG06&9B.01 _2_ ORDINANCE NO. 96 -8
62-052404706002
B. The Zoning Map of the City of Gilroy is hereby
amended to rezone property from Al (agriculture) to R1 -PUB (single
family residential - planned unit development) and to combine this
newly designated R1 -PUD property with existing R1 -PUD and R3 -PUD
(medium density residential - planned unit development) property to
create an approximate 38 acre consolidated PUD (planned unit
development) located on the west side of Thomas Road, north of
Babbs Creek, such land being indicated on a map attached hereto as
Exhibit "A ".
SECTION IV
This ordinance shall take effect and be in full force
thirty days from and after its adoption and approval.
PASSED AND ADOPTED this 20t' day of May, 1996 by the
following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON,
SPRINGER, VALDEZ, GAGE
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
aje0j, q
Donald F. Gage, GT of
WJQ0686601 _3_ ORDINANCE NO. 96 -8
62-052404706002
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Planningbepartment
...NEGATIVE City o Gilroy
EXHIBIT "B., 7351 Rosanna St.
Gilroy, CA 95020
DECLARATION(408) 848 -0440
CITY FILE NUMBERS: Z 95 -09
PROJECT DESCRIPTION:
Name of Project: The creeks at Thomas Road
Nature of Project: Proposed request to rezone 38f acres from Al, R1, and R3
(Agriculture, single Family Residential, and Medium Density Residential) to
R1 -PUD and R3 -PUD (single Family Residential \ Planned Unit Development, and
Medium Density Residential \ Planned Unit Development); and the proposed
development that includes 136 single family and 80 multi - family dwellings.
PROJECT LOCATION•
Location: west side of Thomas Road, north of Babbs canyon creek.
Assessor's Parcel Numbers: 808 -20- 006,011, 016.
Entity or Person(s) Undertaking Project:
Name: Thomas Road Properties, Ltd.
Address: 7888 Wren Avenue, Suite D -143, Gilroy, CA 95020
INITIAL STUDY:
An Expanded Initial Study for this project was undertaken and prepared for
the purpose of ascertaining whether the project might have a significant
effect on the environment. A copy of this study is on file at the city of
Gilroy Planning Division, 7351 Rosanna Street, Gilroy, California.
FINDINGS & REASONS:
The .Initial study identified potentially significant effects on the
environment. However, the applicant has agreed to specific -revisions in the
project and /or the project has been revised. see the following list of
MITIGATION MEASURES, which avoid or mitigate potential effects to a point
where no significant effects will occur. There is no substantial evidence
that the project, as revised, may have a significant effect on the
environment. The following reasons will support these findings:
A. The proposed rezoning from Al, R1, and R3 (Agriculture, Single Family
Residential, and Medium Density Residential) to R1 -PUD and R3 -PUD (single
Family-Residential \ Planned Unit Development, and Medium Density
Residential \ Planned Unit Development) is consistent with the city's
General Plan land use map;
B. The proposed project is substantially consistent with the adopted goals
and policies of the City's General Plan document;
C. The granting of this request will not adversely affect or impact adjacent
parcels of land or developed agricultural and residential properties in
the vicinity; and
D. All potential significant effects can be mitigated to reduce them to an
insignificant level of impact.
Z 95-09 NEGATM 2LARATION Page 2 of 8
MITIGATIONS
Land Use and Planning
Not applicable
Geology
1. The project shall be designed in accordance with earthquake design regula-
tions of the Uniform Building Code, subject to review and approval by the city
Building Division.
2. A soils investigation shall be prepared for the project by a qualified soils engi-
neer. The recommendations of the soils investigation shall be incorporated
into the final improvement plans and shall be reviewed and approved by the
city Engineering Division prior to approval of the final map. The purposes of
the soils investigation are to determine the exact soil characteristics and limi-
tations on the site, and to recommend appropriate engineering specifications
for development of the site.
Water
3. The design and construction of all storm drainage improvements serving the
project site shall be provided by the developer, subject to review and approval
by the city's Engineering Division. These design plans shall include, but not
be limited to:
a. Applicable storm water source and treatment -based best management
practices, applied and maintained, as recommended in the California
Storm Water Best Management Practice Handbook.
b. Provisions for periodic sweeping for roadways, driveways, and parking
areas on the project site.
c. A design to reflect the city's Storm Water Master Plan.
d. Paved areas shall be designed to minimize drainage that is channeled to
one location. Pathway paving shall be kept to a minimum and shall be
porous in nature, wherever feasible.
e. Drainage facilities shall be designed and installed to collect and transport
the natural flows in the hillside away from the streets and buildings and
into approved drainage structures.
L 95-09 NEGATIV. LCLARATION Page 3 of 8
4. Developers shall pay the appropriate storm drain development fees, subject
to review by the city Engineering Division Works prior to issuance of a build-
ing permit.
5. The developer shall apply for and obtain a General Permit for Storm Water
Discharges Associated with Construction Activity by submitting a completed
Notice of Intent form and appropriate payment to the State Water Resources
Control Board prior to the issuance of a building permit. Further, the devel-
oper shall be required to comply with the terms of this permit during and after
construction of the project. These terms include, but are not limited to, the
following:
The use of water quality controls (i.e. Best Management Practices) both dur-
ing and after construction, for example:
• Design project to focus on minimizing directly connected impervious
surfaces to provide for slowing of storm water flows and increasing
recharge potential;
• Stabilizing denuded areas prior to the wet season (October 1 through
May 1);
• Limiting construction access routes and stabilizing access points;
• Protecting adjacent properties with sediment barriers, dikes, or mulching;
• Using proper construction material and construction waste storage,
handling, and disposal practices;
• Protecting outdoor storage materials from drainage with berms and roof
covers;
• Using appropriate landscape controls (irrigation and application of fertil-
izers, herbicides, and pesticides); and
• Installing structural storm water treatment controls such as wet ponds,
swales, vegetated filter strips, extended detention basins, and sand
filters.
6. The developer shall construct finished floor elevations at least one foot above
the 100 -year flood elevation as delineated on the Flood Plain Study for Thomas
Road Property, included as Appendix C of the Vineyards at Thomas Road Expanded
Initial Study.
Air Quality
7. Developers shall not grade more than three acres per day. This mitigation
shall be implemented throughout project development and shall be included in
construction specifications to be submitted to the city Engineering Division for
review and approval.
Z 95-09 NEGATIV. CLARATION Page 4 of 8
8. Developers shall water all exposed ground surfaces at the end of each day
and shall water at least once during the work day. This mitigation shall be
` implemented throughout project development and shall be included in con-
struction specifications to be submitted to the city Engineering Division for
review and approval.
Transportation/Circulation
9. The developer shall pay the appropriate traffic impact fee, subject to the
approval of the city Engineering Division prior to the issuance of a building
permit.
10. The developer shall install left -tum channelization on northbound Old Thomas
Road and the westbound Thomas Road Extension at the project accesses.
These should have a minimum of 50 feet of left turn storage. To accommo-
date for deceleration, the left turn lanes are recommended to be 150 feet long
with 90 foot bay tapers. This mitigation is subject to the review and approval
by the city Engineering Division and shall be implemented prior to the
issuance of a building permit.
11. The developer shall install all infrastructure frontage improvements. The land
configuration shall be per the Luchessa Avenue (Thomas Road) Conceptual
Plan Traffic Study prepared Keith B. Higgins and Associates.
Biological Resources
12. The developer shall prepare a detailed arborist report of the site to determine
what measures are necessary to protect the existing trees, especially valley
oaks, during project construction, and landscaping. The arborist report is sub-
ject to review and approval by the city Planning Division, prior to issuance of a
building permit.
Of special concern are the following areas:
Protection of the oak trees in the vicinity of proposed storm water outlets.
Removal of trees as a result of widening Thomas Road.
Because it may not be feasible to protect all of the oak trees, any oak trees
(six inches or more in diameter measured at four and one -half feet above the
ground) which are removed or destroyed shall be replaced a ratio recom-
mended by the arborist.
13. The project proponent shall re- design the proposed project to incorporate a
minimum 50 -foot buffer measured outward from the riparian canopy drip -line
or top-of -bank on each side of the creek, as applicable (e.g., where no trees
are present along the creek, measure outward from the top -of- bank). The
buffer zone shall be delineated in the field prior to the start of construction.
Z 95-09 NEGATI` . .CLARATION 3 Page 5 of 8
No development, staging of equipment or materials, placement of spoils, veg-
etation removal, or use of off -road vehicles or mountain bikes shall be allowed
in the buffer zone. The minimum width of the buffer may be modified by the
Department of Fish and Game. The project redesign shall be subject to
review by the California Department of Fish and Game prior to approval of a
tentative map by the city's Planning Division.
14. The project proponent shall include the following items in the final improve-
ment plans:
Revegetate the banks of Babbs Canyon Creek with valley oak or west-
ern sycamore such that a continuous riparian canopy is eventually
established. A revegetation plan and monitoring program shall be
developed and implemented by a qualified native habitat restoration
specialist.
Construction of a low- stature fence, similar the existing wire fence along
Was Park Drive, along the outward edge of the riparian habitat to dis-
courage unauthorized trespass into the corridor. This measure is
intended to minimize the adverse effects of adjacent loss of foraging
habitat and disturbances to wildlife from the presence of people and
dogs in the corridor.
Establish signs along the pedestrian trail that discourage unauthorized
trespass and prohibit unleashed dogs from entering into the corridor.
Prohibit the use of private motorized vehicles on the pedestrian trail.
Lighting along the pedestrian trail shall be low in stature, with lights
directed onto the pathway. Lighting along the street shall incorporate the
use of opaque shields to minimize lighting towards the riparian corridor.
The opaque shields shall meet the concerns of public safety. Lighting
that directly illuminates the riparian corridor shall not be established.
This measure is intended to reduce the adverse effects of night lighting
on nocturnal wildlife using the creek as a movement corridor.
These items shall be incorporated into the final improvement plans, subject to
review and approval by the city's Planning Division and Parks Division, and
the California Department of Fish and Game prior to issuance of a building
permit.
15. Literature regarding the value of riparian corridors and which encourages the
protection . ofAhe botanical -and wildlife resources of Babbs Canyon Creek
shall be distributed by the project proponent with the sale of each new home
at the project site. This mitigation is intended to educate future residents of
the proposed project of the value of the riparian corridor.
16. The design of all storm drainage improvements serving the project site shall
be provided by the developer, subject to review and approval by the city's
L 95-09 NEGATIV. CLARATION Page 6 of 8
Engineering Division and the California Department of Fish and Game prior to
issuance of a building permit. The design shall:
a. Ensure that existing flow levels are maintained through the portion of
Babbs Canyon Creek downstream of Thomas Road, while diverting
increased flows generated by the proposed project into the storm drain
system leading to Uvas Creek.
b. Include best management practices to reduce post - construction pollu-
tion. These practices shall be consistent with local policies and the rec-
ommendations of the Regional Water Quality Control Board. Examples
of best management practices include:
• Installation of structural storm water treatment controls (i.e. con-
veyance swales, vegetated filter strips and/or sand filters);
• Maintenance of storm water controls for the life of the system at a
frequency that would insure high longevity and efficiency of the sys-
tem;
• Annual (Fall) storm drain cleaning;
• Incorporation of a street cleaning program;
• Appropriate handling, storage, and disposal of hazardous household
materials; and
• Appropriate use of landscape irrigation and application of fertilizers,
herbicides and pesticides.
If mitigation measure 15a is not feasible, and the storm drain improvements
will divert the entire stream flow, then the project proponent shall enhance the
riparian habitat values of the on -site corridor through revegetation of the creek
with valley oaks and sycamore to create a continuous canopy. The number of
oak trees established along the corridor shall equal the number of oak trees
potentially adversely affected by the stream flow diversion. A revegetation
plan and monitoring program shall be developed and implemented by a quali-
fied native habitat restoration specialist and approved by the California
Department of Fish and Game prior to issuance of a building permit.
In addition, a Streambed Alteration Agreement may be necessary from the
California Department of Fish and Game for water diversion through installa-
tion of the storm drain outlet and rock apron on Babbs Canyon Creek.
Noise
17. The developer shall have a noise analysis prepared for properties which are
contiguous to a designated city General Plan "Collector" or "Thoroughfare"
prior to approval of a final map. The analysis shall be used to determine the
Z 95-09 NEGATIV. ICLARATION Page 7 of 8
need for noise attenuation structures or special building design
considerations.
18. Noise - generating construction activities shall be restricted to the hours of 7:00
A.M. to 8:00 P.M., Monday through Friday, and 9:00 A.M. to 8:00 P.M. on
weekends and holidays. Construction equipment shall be properly muffled
and maintained. The contractor work specifications for all construction
activities shall reflect these measures, subject to the review and approval of
the city Building Division, prior to issuance of a building permit.
Public Services
19. Prior to development of the site, the developer shall pay required city Public
Safety impact fees.
20. Prior to development of the site, the developer shall pay required city Public
Safety impact fees.
21. Prior to development of the site, the developer shall pay required city Parks
and Recreation impact fees.
22. The developer shall dedicate the creek, its riparian area and a pedestrian trail
as a city park and recreational facility.
23. The city shall issue a 100 -foot wide easement over the creek to the Santa
Clara Valley Water District.
24. The creek and pedestrian path shall be maintained through implementation of
a Lighting and Landscape District charging appropriate homeowners. Lighting
and landscaping along the project frontage at Thomas Road shall also be
included in this district.
25. The developer shall redesign the proposed project whereby the internal road
will run parallel and adjacent to Babbs Canyon Creek Parkway. The redesign
shall be reviewed and approved by the city's Engineering and Planning
Divisions.
26. The applicant shall construct or cause to construct the pedestrian trail. The
design shall be review and approved by the Parks, Planning and Engineering
Divisions
Utilities and Service Systems
27. The design of all water infrastructure improvements serving the project site
shall be provided by the developer, subject to the review and approval by the
city's Engineering Division.
28. Developers shall install or cause to install through payment of a fee to the city,
an additional water line in Thomas Road to accommodate the proposed
f
Z'95-09 NEGATIVE .�LARATION
Page 8 of 8
development. This plans for installation and the installation shall be subject to
review by the city Engineering Division prior to the issuance of a building
permit.
29. The design of all sewer line improvements serving the project site shall be
provided by the developer, subject to the review and approval by the city
Engineering Division.
Cultural
30. If archaeological resources or human remains are discovered during con-
struction, work shall be halted within 50 meters (150 feet) of the find until it
can be evaluated by a qualified professional archaeologist. If the find is
determined to be significant, appropriate mitigation measures shall be formu-
lated and implemented. This wording shall be incorporated into any permits
issued for construction of the proposed project.
Date Prepared: January 19, 1996
End of Review Period: February 15, 1996
Approved by City Council:
EMCPlanning
Group Inc.
21 Vol
March 15, 1996
Mr. William Faus
City of Gilroy Planning Division
7351 Rosanna Street
Gilroy, California 95020 -6141
REC V
MqR 1 91996 F Q
Gilroy Plapp,n6'
Re: The Creeks at Thomas Road Initial Study Response to Comments
Dear. Bill:
The public review period for the Creeks at Thomas Road ended on February 16, 1996.
This letter serves ,as the final Initial Study for the proposed Creeks) at Thomas Road
project. As a result of the public review period two letters were received. The following
responses correlate with the numbered comments on the enclosed two comment letters.
Santa Clara Valiey Water District
Response to Comment 1. The original hydrology report for the Vineyards at
Thomas Road did not account for the 10 acres included in the Creeks at Thomas Road
project. New calculations provided by the project's civil engineering consultant (Schaaf
and Wheeler) indicate that all 38 acres of the Creeks project would produce .44 cfs for
the 20 -year discharge after development. The existing 20 -year flow rates are 26 cfs, as
stated on page 33 of the Creeks at Thomas Road Initial Study. The 100 -year discharge
estimates are also revised and would increase from 32 cfs before development to 59 cfs
after development of the 38 acre site.
In regards to the comment that most of the stormwater flow would flow to Babbs Creek,
in actuality, only approximately 50 percent does so. The remainder of existing
stormwater flows to Uvas Creek. This is discussed on page 18, last full paragraph, of
the Creeks at Thomas Road Initial Study.
As stated on page 33, paragraph 4, of the Creeks at Thomas Road Initial Study,
flooding has been addressed by the project through the on -site drain system that would
divert run -off directly to Uvas Creek for storms up to the 20 -year design flow. The
increased stormwater flow rates from the site relative to the revised CFS calculations
are discussed on page,33, paragraph 5, of the Creeks at Thomas Road Initial Study,
and remains relevant.
99 PacificSt. - Suite 155 F - Monterey, CA 93940 - (408) 649 -1799
Bill Faus
City of Gilroy
March 15, 1996, Page 2
Response to Comment 2. An 84 -inch diversion pipeline to reduce the Babbs
Creek stormwater flow has -been constructed parallel to Thomas Road, with discharge to
Uvas Creek. Although this 84 -inch diversion pipeline was not part of the city's
Stormwater Master Plan, it was subsequently considered more appropriate by the city
for stormwater flows from the Vineyards project. The Creeks site will also discharge to
this 84 -inch pipe.
In regards to a District permit, the city and the applicant are aware of this requirement.
Response to Comment 3. Mitigation 6 addresses the impact identified by the
commenter.
Response to Comment 4. Refer to response to comment 2.
Response to Comment 5. Wells on the site are required to be abandoned per
the requirements of the District.
Transportation Agency of Santa Clara County
The comment letter refers back to a September 1994 comment letter on the Vineyards
at Thomas Road project submitted to the city (enclosed). The 1994 letter references
bus line number 68 and the need for pedestrian access from the site to Santa Teresa
Boulevard via the existing Thomas Road.
Response to Comment 1. Thomas Road has been constructed to include a
sidewalk that will provide pedestrian access to Santa Teresa Boulevard. This is a
requirement for both the Vineyards and the Creeks projects.
Response to Comment 2. The Transportation Agency currently provides bus
service on Santa Teresa Boulevard which includes Line 68.
Sinc rely,
Matthew Sundt,
Planning Associate
Z
Santa Clara Valley Water DistricE
5750 ALMADEN EXPRESSWAY
SAN JOSE. CA 95118.3686
TELEPHONE (408) 265 -260C
FACSIMILE (408) 266 -0271
AN AF=i iMA711i_ AC- ON EMPLOYER
February 21, 1996
Mr. William Faus
Community Development Department
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020,
Dear Mr. Faus:
Subject: Z 95 -09— Thomas Road Properties - Zoning Map Change
The District has reviewed the Initial Study and preliminary Negative Declaration for the subject
project. This project is for a residential development on 38 acres. Ten acres of This site were not
included in the environmental assessment for the Vineyards, which has been 4pproved by the City
of Gilroy.
Section 4. 3 - W 11ter
This section consists primarily of a rewrite of the Vineyards Initial Study. While the language
is applicable for most of the site, it does not specifically address any impacts for the additional
10 acres for which this initial study is necessary. The majority of the additional 10 acres drains
directly to Uvas Creek whereas the remaining 28 acres, which were discussed with the Vineyards
project, drain to Babbs Canyon Creek.
New Draivaee Patterns
The first sentence in this section states that on -site drainage will discharge to Uvas Creek near
Thomas Road_ Will this drainage tie into the existing storm drain pipe or will a new outfall be
constructed? Please note that the proposed diversion was selected as the means to convey flood
flows to Uvas Creek. Another option would have been to construct a wider channel, a bypass
channel or parallel pipeline along Babbs Canyon Creek to its confluence with Uvas rather than
constructing the 84 -inch diversion pipeline.-
A District permit is required for constriction adjacent to Babbs Canyon Creek or Uvas Creek.
This includes the planting of trees and path or fence construction_
t� �ec�c�ec cacr�
Mr. William Faus i February 21, 1996
100 -Year Flood Overflows
This section includes statements that construction within the floodplain may increase flood depths
and that locating buildings in the floodplain is considered a significant adverse environmental
impact. The mitigation measures in the following section do not include any measures for these
impacts.
Mitigation Measures
Item a includes, as a mitigation measure, storm drainage improvements designed to reflect the
City's storm water master plan. As I recall, the city's storm water master plan did not include the
LJ 84-inch Babbs Canyon Creek diversion.
!! As a post - construction B14IP, we suggest including distribution of literature to home buyers which
would include brochures on Best Management Practices for homeowner activities, i.e., painting,
landscaping and automotive maintenance.
Section 4.9.1 - Water Semice - District
District records indicate there are several wells on this project site. If these wells are not to be
5 used in conjunction with the proposed development, they must be sealed in accordance with
District standards. A District permit to seal the wells must be obtained from our Well Section.
Information may be obtained from Mr. Mike Duffy at (408) 265 -2607, extension 2743.
J can be reached at 265 -2601, extension 2253.
Sincerelv,'
1
Sue A. Tippets, P.E.
:acting Supervising Engineer
Design Coordination Division
7AwTransportafi, Agency
•Sonia Ck;m C.ou.^ty &,.. light Rail. Congmttmn Management
3331 North liar Strwt
c4m Jose, CA 95134 -19o5
February 8, 1996
City of Gilroy
Planning Department
7351 Rosanna Street
Gilroy, CA 95020 -6141
Attention: William, Faus, Planner III
Subject: File No. Z 95-09
The Creeks at Thomas Road Zone Crange Initial Study
Dear Mr. Faus:
Santa Clara County Transit District staff have reviewed the project referenced above, and our
comments are as follows:
Please refer to our November 14, 1994 comment letter on the Vineyards at Thomas Road project
(copy attached). These comments still apply for the Creeks at Thomas Road project. The Initial
r '
ITeresa Study should mention that there is existing transit service in the project. vicinity (Line 68 on Santa
Boulevard). In addition, particularly in light of the traffic mitigation measures being
imposed on the developer for improvements to the intersection of Santa Teresa Boulevard and Furst
Z Street, it would seem appropriate to incorporate our earlier comments concerning transit related
improvements. The pedestrian access and bus stop improvements would serve to encourage the
use of public transit and further mitigate traffic congestion.
Thank you for the opportunity to review this project. If you have any questions, please call Julie
Render of ray staff at (408) 321 -5779.
Sincerely.
Environmental Program Manager
TR:7R:kh
Attachment
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September 14, 1-994
Michael Dorn
Director of Planning
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020 -6141
SUBJECT: THE VINEYARDS AT 'THOMAS ROAD, ?U.SE 2
FILE NO. TM 94_05
Dear Hr. Dorn:
Santa Clara County Transit District staff have revieved the above reference_
submittal, and our comments are as foLows:
This project is located at the southern end of Gilroy near Ga•:'_?an
College. Currently, ve operate Line 68 to the college along Santa
Teresa Boulevard past the project site. The roadway design
the project is such that pedestrian access is providea only to
Thomas Road. No direct access is provided to Santa Teresa .i:__a
buses are located.
ve recommend modification of the project design to incor-ora;e
direct pedestrian access to Santa Teresa Boulevard and
accommodations for bus stop improvements consistent vita curren:
District and ADA standards.
Questions regarding District standards may be directed to Kiyc
Ushino, Facilities Design, at (408) 321 -58i�.
Thank you for the opportunity to review this project. I: "'ou haw a:•
questions, please contact J__ie Render at (408) 31-1_5779.
Sincerely,
?RGMAS ROUNTREEs1
Environmental. Program Manager
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The Creeks At Thomas Road
Initial Study
Mitigation Monitoring Program
Introduction
On January 1, 1989, the California State Legislature passed into law Assembly Bill
3180. This bill requires public agencies to adopt reporting or monitoring programs
when they approve projects subject to an environmental impact report or a negative:
declaration that includes mitigation measures to avoid significant adverse
environmental effects. The reporting or monitoring program is to be designed to
ensure compliance with conditions 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
initial study. These mitigation measures are designed to eliminate or reduce signifi-
cant adverse environmental effects to levels of insignificance. These mitigation mea-
sures become conditions of project approval which the project proponent is required
to complete during and after implementation of the proposed project.
The attached checklist (Attachments A, B, and C) is proposed for monitoring the
implementation of the mitigation measures. This monitoring checklist contains all
appropriate mitigation measures in the initial study.
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 Director should be responsible for coordination of
the monitoring program, including the monitoring checklist. The Planning
Director 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 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 City of Gilroy Planning Director 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 Planning Director.
3. Prior to issuance of an occupancy permit, the Planning Director should review
the checklist to ensure that all mitigation measures and additional conditions
of project approval included in the monitoring checklist have been complied
with. An occupancy permit should not be issued until all mitigation measures
and additional conditions of project approval included in the monitoring
checklist have been complied with.
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 Director, 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.
CHECKLIST
Prior to issuance of a Building Permit, the following mitigations shall be
implemented: .
Mitigation
Nature of Mitigation
Party Responsible
Party Responsible for
I
Number
for Implementation
Monitoring
1
Development designed in
Developer
Building Division
accordance with earthquake
design re ulations
2
Soils Investigation
Developer
Engineering Division
3 & 16
Prepare storm drain improvement
Developer
Engineering Division,
plans
California Department of Fish
and Game
4
Pay storm drain development
Developer
Engineering Division
fees
5
Obtain NPDES Permit
6
Construct finished floor elevation
Developer
Building Division
one foot above 100 -year flood
elevation
7
Do not grade more than 3 acres at
Developer
Planning Division
a time
8
Water exposed soils
Developer
Engineering Division
9
Pay traff ic impact fee
Developer
Enqineering Division
10
Install left -turn channels
Developer
Engineering Division
11
Install all infrastructure frontage
Developer
Engineering Division
improvements
12
Prepare detailed arborist report
Developer
Planning Division
13
Develop 50 -foot buffer .measure
Developer
Planning Division
outward from the riparian canopy
line on each side of the creek
14
Construct low- stature fence along
Developer
Planning Division, Parks
21
outward edge of riparian habitat;
Developer
Division, California
establish signs along pedestrian
Department of Fish and Game
22
trail; prohibit private motorized
Developer
City Department of Parks
vehicles on pedestrian trail;
and Recreation
23
minimize lighting toward riparian
City of Gilroy
Planning Division
corridor
15
Distribute wildlife resources
Developer
Planning Division
24
literature with the sale of new
Developer
Planning Division, City
homes
Parks and Recreation,
17
Conduct noise survey to determine
Developer
Engineering Division
deed for noise attenuation
25
structures or special building
Developer
Planning Division
desi n considerations
18
Restrict noise - generating
Developer
Building Division
26
construction activities in contractor
Developer
Planning & Engineering
works ecifications
Division
19 & 20
Pay public safety impact fees
Developer
Planning Division
21
Pay required parks and
Developer
City Department of Parks
recreation impact fee
and Recreation
22
Dedicate creek, riparian area
Developer
City Department of Parks
and buffer to the City
and Recreation
23
Issue a 100 -foot wide easement
City of Gilroy
Planning Division
over the creek to the Santa Clara
Valley Water District
24
Implement a Lighting and
Developer
Planning Division, City
Landscape District to maintain
Parks and Recreation,
creek, pedestrian trail, and
Engineering Division
project frontage
25
Redesign map whereby proposed
Developer
Planning Division
internal road runs parallel to
Babbs creek
26
Construct pedestrian trail
Developer
Planning & Engineering
Division
27
Design water infrastructure
Developer
Engineering Division
im rovements
28
Pay water development fees
Developer
Engineering Division
29
Design sewer infrastructure
Developer
Engineering Division
improvement.
30
Protect any f u t u r e
Developer
Planning Division
archaeological/historical
resources discovered on -site
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Miller
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 96 -8 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 20th day of May 19 96 ,
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 31st day of May
19 96.
City Clerk of the City of Gilroy
(Seal)