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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 CHRISTA�S• .� / : -e- *"'HILL' ' I. PARK . 1 � V 1 � d �i re r D� '1 J•' ARIMOUTH EIGHTH BO 7 CHESA- �° J P . NINTH ° H L FAIRVIEW DF P 2 I c TpiTH ' TENTH � 800 4 \ BLOSSU I GLEN c M PAC, Gilroy Sigh Schoot `n CT- MC W ES 4 C4 �NsojV LE Creeks Project Site oOQ. Rp y41 ZC IAZ Creeks at Thomas Road Project Site Cori a 4 Creeks Project Site Vineyards Project Site / :. (Z93 -02 and TM93 -03) � o C7, usl►cr a. Gavilan College; EXHIBIT "A" No Scale Creeks at Thomas Road Project Site Thomas Road Extension II III A -1 Existing Zoning (II III (R -1) Proposed Zoning - -Q � 11 11 ° v R-1 ��• i \ �.O P 0 � w/ PUD A -1 � (R -1) APN 808 -20 -06 w/ pending \ \\ \ o PUD \ \ \ 0 69 \ APN 808 -20 -11 \ \ \ 7a 2 CO R -3 � -- ®- w/ PUD \ \�\ APN 808.20 -18 \ O • `• THOMAS AOd)D CF� No Scale Creeks at Thomas Road Existing and Proposed Zoning 0 ,P i P/ 4b y C Q �P 0 �t o f� o 0 C s ooe- d o•ae v = I Thomas Road Extension's MULTI \ • U �Ati1LY o ..� 'ITT T-44:� . 0 I.LI.�- •,�' r J 11d. _�_. TNO�MA 8 AO AID 110 SWGLE FAMILY HOMES 80 MULTI - s&M I t-Y UN rr"', 190 To-rt►L Creeks at Thomas Road (T) No Scale J' 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 cc: BC KU IRIJDSCSA JU/RW . - 7A Transpc `ion Agency ccric verz fiery Bus is -• ?oe--s —••c-� 3.31 very}, F nt SR.et �-• .ne• C� p51 �• 190d 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 TR:JR:kh cc: BC KU j x1055 t 600re of suev.isen- M- &..eei M. h c=a. Zee U49 .n. Ron Ganuies. 4ed Ciame M•.e'Ce�.a TOTAL R.0:3 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 0 It a� �P O P� y P 4Q O v � 0 A P ° Q A T H O M A S R 0 AID eR °b 00 �v' p 0 e Q P/ G 7,P -U� I I.. mss' 1/O.- ROAD � 1•--. 4' fa Srte T ^I e+;OII • '� - dO \ `, C ��Vf c \ ..•� hri lL J..... `iQHJ 1 0 0• e �e cif ti oil . 4 i O n �� ��,' HIMP �\ .\sj •. /8/� .� ry' "l`.` 4'`,04 a •: "`x• '.� X9.9 ?• ��� ., ` ' `~�._ w 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)