Loading...
Ordinance 2001-03ORDINANCE NO. 2001-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN APPLICATION FOR A CHANGE IN ZONING DESIGNATION FROM A1 (AGRICULTURAL) TO R3- PUD (MEDIUM DENSITY RESIDENTIAL-PLANNED UNIT DEVELOPMENT) FOR A SENIOR CITIZEN HOUSING PROJECT ON APPROXIMATELY 22.3 ACRES, APN 810-21-006 WHEREAS, Coastal Rim Properties., the applicant, submitted application Z 00-07 to change the zoning designation on property identified as APN 810-21-006 from Al(Agricultural) to R3-PUD (Medium Density Residential-Planned Unit Development), consisting of approximately 22.3 acres; and located on the southwest comer of Santa Teresa Boulevard and Hecker Pass Highway; and WHEREAS, the project to be approved includes 75 affordable rental (apartment) units and 37 affordable cottage homes exempted from the Residential Development Ordinance (RDO) pursuant to M 98-12, an Assisted Living Facility of approximately 175 beds, a 4.8 acre estate lot for a single family residential use, an open space dedication of approximately 1.7 acres to the City for the Uvas Creek Park Preserve, and dedication of an approximate 20,000 square foot parcel to the City for a City entry statement; and WHEREAS, in accordance with CEQA, a Negative Declaration was adopted by the City Council on February 27, 2000 including 25 mitigation measures for a similar project in connection with Zone Change request Z 99-04, which negative declaration has been determined to include this project; and WHEREAS, the Planning Commission reviewed application Z 00-07 at duly noticed public hearings on December 7,2000 and January 4, 2001, and recommended certain additional conditions and that the City Council approve said application as modified; and WHEREAS, the City Council held duly noticed public heatings on January 16, 2001 and February 5, 2001, at which time the City Council considered the public test'nnony, the StaffReport dated "REVISED January 9, 2001", and all other documentation related to application Z 00-07; and \CDS\506970.1 -1- Ordinance 2001-3 02-021304706002 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, THE CITY COUNCIL FINDS THAT: A. The project is consistent with the exemption from the RDO. B. The zone change is consistent with the land use designation of the General Plan Map and the policies of the General Plan. C. This project will not be detrimental to the public welfare or injurious to persons or property in the vicinity. D. There is no substantial evidence in the record that this project as mitigated will have a significant effect on the environment. Application Z 00-07 should be and hereby is approved, subject to: A. The twenty-five (25) mitigation measures set forth in the Negative Declaration and the Mitigation/Monitoring Program adopted herewith, all as set forth in Exhibit A and incorporated herein by this reference. B. The following condition: The approximately 4.8 acre estate lot depicted on the site plan shall not be further subdivided. This lot shall be restricted to the development of one residence, and other structures if approved by the City Council through the Planned Unit Development process. th PASSED AND ADOPTED this 5 day of March, 2001 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, SUDOL, SPRINGER PINHEIRO VELASCO xcos~o69zo.1 -2- Ordinance 2001-3 02-021304706002 APPROVED: Thomas W. Springer, Ma~ \CDSLS06970.1 -3- Ordinance 2001-3 02~921304706002 EXHIBIT "A" Community Development Department Planning Division NEGATIVE DECLARATION City File Number: Z 99-04, TM 99-12, AdS 99-28 Pro|ect Description: Name of Project: Nature of Project: City of Gikoy 7351 P. osanna St. Gilroy, CA 95020 (408) 846-0440 Village Green Construction of a Senior Housing project composed of: a) 72 single family homes, c) 72 condominiums, d) 75 apartment units, e) a senior care facility, and f) retail commercial area. Project Location: Location: Assessor's Parcel Numbers: Southwest comer of Santa Teresa Boulevard and Hecker Pass Highway $10-21-006 Entity or Person(s) Undertaking Project: Name: Spectrum Group Address: One Technology Drive, Suite J-703, Irvine, CA 92618 Initial Study: 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 on file at the City of Gilroy Planning Depax tment, 7351 Rosanna Street, Gilroy, CA 95020. Revised Negative Declaration 2 12/28/99 Village Green ~ & Reasons: The Initial Study identified potentially significant effects on the environment. However, this project has been mitigated (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 si~ificant effect on the environment. The following reasons will support these findings: 1. The proposal is a logical component of the existing land use of this area. 2. Identified adverse impacts are proposed to be mitigated through preparation of special studies, and construction of off-site improvements. 3. The proposed project is consistent with the adopted goals and policies of the General Plan of the City of Gikoy. 4. City staff independently reviewed the Initial Study, and this Negative Declaration reflects the independent judgement of the City of Gikoy. ~n Measures: The applicant shall contract with a qualified soils engineer to prepare a soils engineering report regarding site development, grading, and soil erosion, especially as it relates to runoff to Uvas Creek. Recommendations in the report shall be incorporated into the final project plans. The report, as well as the final improvement plans, shall be prepared and submitted to the city Engineering Division for review and approval prior to approval of the final map. The applicant shall provide for the design and installation of the storm drain improvements per the requirements of the City of Gikoy Flood Contrel Design Manual and Local Drainage Manual. This shall be subject to the review and approval of the city's Engineering Division and the Santa Clara Valley Water District (as it pertains to any direct Uvas Creek discharge from the property). The applicant shall also obtain the necessary permits relating to work and discharge in streams from the California Department ofFish and Game, United States Army Corps of Engineers, and the Regional Water Quality Control Board. The storm drain plan shall be reviewed and approved by the above federal and state agencies, the city's Engineering Division, and the SCVWD prior to approval of the i%a! map. The applicant shall submit a Notice of Intent to the Central Coast RWQCB prior to obtaining a grading permit from the city. This permit will require development and implementation of a Storm Water Pollution Prevention Plan (SWPPP) that uses storm water "Best Management Practices" (BMP) to control runoff, erosion and sedimentation from the site. The SWPPP has two major objectives: (1) to help identify the sources of sediments and other pollutants that affect the quality of storm water discharges, and (2) to describe and ensure the implementation of practices to reduce sediment and other pollutants in storm water discharges. The SWPPP must inehide BMP, which address source reduction and, if Revised Negative Declaration V/llagn Green 3 1~28~9 necessary, shall include practices, which require treatment. Integral to the NOI process is submittal of engineering designs. The SWPPP will be submitted to the City Engineering Division and the Santa Clara Valley Water District for review and approval prior to approval of the final map. 4. Preparatory to development of an access road and frontage improvements on Highway 152, the applicant shall prepare short-range and long-range concept plans for Hecker Pass ' Highway and Santa Teresa Boulevard acros~ 'the project frontage and including the Hecker Pass Highway/Santa Teresa Boulevard/First Street intersection for re-,/iew by the City of Gilroy, County of Santa Clara and CalTrans. The proposed conceptual design plans for the Santa Teresa Boulevard/Hecker Pass Highway/First Street intersection should be consistent with intersection design plans previously prepared for the intersection. A conceptual ultimate design plan for the intersection was prepared in conjunction with the development application for the South Valley National Bank project. Design the Santa Teresa Boulevard/northerly access mad intersection as a right in/right out intersection. Provide a raised median on Santa Teresa Boulevard to prohibit left mm movements at this intersection. Provide a hght mm deceleration lane and a right mm acceleration lane on southbound Santa Teresa Boulevard at this location. 6. Construct frontage improvements along Santa Teresa Boulevard and Highway 152. 7. Provide improvements at the Santa Teresa Boulevard/Hecker Pass Highway/First Street intersection, as required, to allow U-mm movements from the eastbound Hecker Pass Highway and northbound Santa Teresa Boulevard intersection approaches. 8. The applicant shall provide a pedestrian sidewalk improved to City standards on the west side of Santa Teresa Boulevard along the project frontage with a connection to the existing Uvas Creek Trail. A sidewalk shall also be provided along the south side of Highway 152 between the project driveway and Santa Teresa Boulevard. This shall be subject to the review and approval of the City Engineering Division and the County of Santa Clara. The project applicant shall work with VTA to provide transit service directly to the site. It is desirable that at least one transit stop shall be provided on the project site with the location to be coordinated between the applicant and VTA. The transit stop shall be designed to VTA standards. 10. The following control measures shall be incorporated into any permits issued for the proposed project: Water all active construction areas at least twice daily or more often as necessary to prevent dust from becoming airborne and leaving the site; b. Cover all tracks hauling soft, sand and other loose materials, or require all trucks to maintain at least two feet of freeboard; Revised Negative Declaration' '-. 4 '- 12/28/99 Village Green c. Pave, apply water three times daily, or apply (non-toxic) soft stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; d. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; e. Sweep streets daily (with water sweepers) if visible soil material is carded onto adjacent public streets; f. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); g. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.); h. Limit traffic speeds on unpaved roads to 15 mph; i. Install sandbags or other erosion control measures to prevent silt runoff to public roadways; j. Replant vegetation in disturbed areas as quickly as possible. 11. Construct a solid noise bart/er along Santa Teresa Boulevard along the east side of the project site. The required height of the noise barrier shall depend on the final elevations of the project site after grading and the final site design. Currently, the project site is approximately two feet above Santa Teresa Boulevard at its northern end and transitions to about five feet below the roadway at its southern end. If it is assumed that the final elevation of the site is the same as Santa Teresa Boulevard and ground-level outdoor activity areas are I00 feet from the road center, a six-foot-high noise barrier would reduce worst-case future traffic noise levels to about 60 dB Ldn, thereby satisfying the city's exterior noise levels standard. It is also assumed that the configuration of Santa Teresa Boulevard is unchanged. If final elevations, site design or road configurations are different than assumed above, a six-foot barrier may not adequately reduce noise levels at ground-level outdoor activity areas. When final site elevations and site design are available, the required height of noise barriers should be re-calculated based on the planned configuration of Santa Teresa Boulevard. A de~raL~dnation of the appropriate finished height of a future noise attenuation wall shall be determined by the Planning Division through review of site plans. The city shall review plans and approve the wall height prior to issuance of a grading permit. An additional noise study may be required to detra mine the exact height of the sound Wall 12. If proposed apartments and condominiums near Santa Teresa Boulevard have upper floor balconies located w~thin the 60 dB Ldn contour of the roadway (260 feet from road center), any noise barrier of practical height cannot adequately reduce traffic noise levels in these outdoor activity areas. If balconies are proposed, they should be located on the sides of buildings opposite Santa Teresa Boulevard. RevisedNegative Declaration Village Green 13. To determine if adverse noise impacts may result from proposed commercial uses, an acoustical analysis shall be conducted prior to approval of any future use at the commercial center. Mitigation for potentially si~ificant noise levels shall be based on the city's current noise standards at the time. If determined to be necessary, methods to reduce noise to acceptable levels shall be integrated into the proposed commercial center use (e.g., noise attenuation walls, moving potential noise source to opposite side of residential or the senior assisted living structure, or limiting noise g~nerators to periods of the day when it would ; have the least impact. Furthermore, it is feasible that a particular use may not be appropriate for the site and thus would not be approved by the city). Future uses will be subject to review and approval by the ci~s Planning Division. 14. The area between the proposed extension of Third Street and the creek shall be vegetated with a dense mosaic of native trees and skrubs. The vegetation will filter light fi'om the development and provide a physical barrier between the development and the wildlife within the riparian woodland, whereby the integrity of the habitat will be maintained or enhanced. This shall be integrated into a landscaping plan subject to review and approval by the city Planning Division, prior to approval of phase II of Village Green. 15. The applicant shall install lighting such that illumination into the riparian woodland does not occur, subject to review and approval by the city's Planning Division, prior to the city issuing an occupancy permit. 16. Burrowing 'owl. Because the site has potential burrowing owl habitat, a survey shall be conducted per CDFG protocol. To determine if burrowing owls breed on or near the project site, a burrowing owi survey should be conducted between April 15 and July 15, as per current CDFG protocols. If burrowing owls are observed during the surveys, the extent of burrowing owl habitat on the site should be delineated by a qualified wildlife biologist. A burrowing owl mitigation plan should be prepared that identifies activities to avoid and or mitigate impacts to the species. This plan will be subject to review and approval by CDFG and issuance of a Mitigation Agreement between the landowner and CDFG. Currently a 1:1 acreage replacement ratio is recommended by CDFG to offset permanent impacts to burrowing owl habitat. The land is typically set aside in perpetuity either by a conservation easement or other mechanism. Construction activities should also be acheduled to avoid impacts to breeding animals (if present). If pre-construction surveys dateet owls on the site during the non-breeding season, CDFG may authorize owl eviction following approval of a habitat mitigation plan and issuance of a Mitigation Agreeroent. Passive relocation techniques allow the owls to vacate their bun'ows prior to site grading and prevent their re- entering the site. 17. California homed lark. The grassland and pasture areas shall be sUrVeyed during the spring to determine if homed larks are nesting on the project site. If horned larks are nesting on the project site, measures can be incorporated into the project design to avoid impacts to the larks nesting habitat (i.e., grassland). CDFG shall be consulted regarding suitable mitigation strategies. Revised Negative Declaration Village Green 6 12/28/99 18. Aquatic Species in Uvas Creek. The portion of Uvas Creek adjacent to the project site is habitat for steelhead, Califonfia red-legged flog, and southwestern pond turtle. To avoid impacts to these aquatic species, the project shall include appropriate erosion control techniques during grading to prevent sediment from entering Uvas Creek. Refer to mitigation 3 above for specific information on a Stormwater Pollution Prevention Plan pertinent to Uvas Creek. 19. Bats. A qualified biologist should survey de buildings on the site prior to demolition to determine if bats are roosting in any building. If bats are present, CDFG should be consulted regarding appropriate mitigation measures. Such measures may include: scheduling construction during the least critical time of year for bats (i.e., in the late summer after young have been weaned), excluding bats from roosting on the structures prior to demolition by appropriately timed placement of a barrier, and implementation of a revegetation plan to replace existing roosts (i.e., planting trees). 20. The biology mitigation measures shall be administered by a qualified professional biologist paid for by the applicant, who will be a liaison between the city and the responsible state agency, and any other public agency with jurisdiction over the resources at or adjacent to the site. Furthermore, this liaison shall provide a written report indicating the date that work shall commence (i.e., when mitigation measures are implemented) and when the work is completed, and who and when public agency staffwere contacted. The reports shall include, but not be limited to, a discussion of issues addressed and how they were resolved. The reports shall be sent to the city's Plunning Division, the project applicant and the public agencies involved. 21. The applicant shall prepare a Phase I study to determine if there was ever the use of toxic chemicals on the property. If it is determined to be likely that chemicals were used on the site, a Phase II study will be required. This study includes soil samples taken from the site and tested by a certified laboratory to det=miine if chemicals known to be hazardous to human health exist on the site. The Phase II study also includes a risk analysis based on the parts per million of a particular chemical constituent relative to current public health standards. If there are chemicals on the site that require remediation, a Phase III report will be required. This report would include remediation activity. This process (a disclosure process) is subject to state protocol. All reports shall be submitted to the Planning Division and shall be prepared prior to the city issuing a grading permit. 22. Conceptual and final project site, architectural and landscaping plans for each structure on the site shall be reviewed and approved by the city's Planning Division prior to issuing a grading permit for each phase of the proposed project. 23. The landscape plan for each phase of the proposed project shall conform to the Consolidated Landscaping Policy and shall be reviewed and approved by the Planning Division prior to issuing a building p~.uit for each phase. Revised Negative Declaration Village Green 7 12/28/99 24. The applicant is responsible for planting street trees along property frontage ~thir~ city and CalTrans right-of-way consistent with the requirements of the parks and recreation department. Trees planted shall be incorporated into the project's landscape plan, which shall be reviewed and approved by the city's Community services Department. All sweet trees shall be planted prior to building occupancy associated with Phage I. 25. If archaeological resources or human remaln~.are discovered during construction, work shall be halted within 200 feet of the find until it can be evaluated b~' a qualified professional archaeologist. Furthermore, the mitigation shall conform to Appendix K (Archaeological Impacts) of the CEQA Guidelines. Date Prepared: December 28, 1999 End of Review Period: January 28, 2000 Date Revised: February 1, 2000 Date Adopted by City Council: February 7, 2000 William Faus Planning Division Manager Village Green Initial Study Mitigation Monitoring Program Introduction On January 1, 1989, the California State Legislature passed into law Assembly Bill 3180. This bill requ res public agencies to adopt reporting or monitoring programs when they approve projects subject to an env ronmental impact report or a negative declaration that includes mitigation measures t© avoid significant adverse environmental effects. The reporting or monitoring program is to be designed to ensure compliance with conditions or project approval during project implementation in order to avoid significant adverse environmental effects identified in the environmental review process. This monitoring program is designed to provide a mechanism to ensure that mitigation measures and subsequent conditions of project approval are implemented. Monitoring Program The basis for this monitoring program is the mitigation measures included in the n~tial study/negative declarat on. These mitigation measures are designed to ehminate or reduce sign ficant adverse environmenta effects to levels of insignificance. These mitigation measures become conditions of project approval, which the project proponent is required to complete during and after implementation of the proposed project. The attached checkl st is proposed for mon toring the implementation of the mitigation measures. This monitoring check st contains ail appropriate mitigation measures in the initial study/negative declaration. Monitoring Program Procedures It is required that the City of Gilroy use the attached monitoring checklist for the proposed project. The monitoring program should be implemented as follows: 1. The City of Gilroy Planning Division should be responsible for coordination of the monitoring program, including the monitoring checklist. The Planning Division should be responsible for completing the monitoring checklist and distributing the checklist to the responsible individuals or agencies for their use in monitoring the mitigation measures. 2. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring checklist have been implemented. Once all mitigation measures have been complied with, the responsible individual or agency should submit a copy of the monitoring checklist to the City of Gilroy Planning Division to be placed in the project file. If a mitigation measure has not been complied with, the monitoring checklist should not be returned to the Planning Division. Golden State Planning and Environmental Consulting MMP-1 Village Green Init~tl Study M~ttigati~n Monitoring Program 3. Before issuance of an occupancy permit, the Planning Division should review the checklist to ensure that all mitigation measures and additional conditions of project approval included in the monitoring checklist have been implemented. An occupancy permit should not be issued until all mitigation measures and additional conditions of project approval included in the monitoring checklist have been implemented. 4. If a responsible individual or agency determines that a non-compliance has occurred, a written notice should be delivered by certified mail to the project proponent within 10 days, with a copy to the Planning Division, describing the non- compliance and requiring compliance within a specified period of time. If a non- compliance still exists at the expiration of the specified period of time, construction may be halted and fines may be imposed at the discretion of the City of Gilroy. MMP-2 Golden State Planning and Environmental Consulting W'dlage G;-~¢r. ~r.g~inl Stud, y Mitigation Monitoring Program Mitigation Monitoring Checklist A Before approval of the Final Map, the.following mitigation measures shall be implemented. Mitigation Mitigation Party Party Number Responsible for Responsible for Implementation Monitoring 1. The applicant shall contract with a Applicant City Engineering qualified soils engineer to prepare Division a soils engineering report regarding site development, i grading, and soil erosion, especially as it relates to runoff to Uvas Creek. Recommendations in the report shall be incorporated into the final project plans. The report, as well as the final ~mprovement plans, shall be )repared and submitted to the city's Engineering Division for ~view and approval prior to approval of the final map. Applicant City Engineering Diwsion 2. The applicant shall provide for the design and installation of the storm drain improvements per the requirements of the City of Gilroy Flood Control Design Manual and Local Drainage Manual and subject to the review and approval by the city's Engineeri,ng Di.visio. n and the Santa Clara valley water District (as it pertains to any direct Uvas Creek discharge from the property). The storm drain plan shall be reviewed and approved by the city's Engineering Division prior to approval of the fina map. 3. The applicant shall submit a Notice Applicant City Engineering of Intent to the Central Coast Division/Santa Clara RWQCB prior to obtaining a Valley Water Dis~ct grading permit from the city. This permit will require development and implementation of a Storm Water Pollution Prevention Plan (SWPPP) that uses storm water "Best Management Practices" (BMP) to control runoff, erosion and sedimentation from the site. The SWPPP has two major objectives: (1) to help identify the sources of sediments and other pollutants that affect the quality of storm wa..tar . discharcjes, and(2) to descdne ano Go~ Stere Pl~n~ing a~ En'~rortme~I Consulting. .. FElage Green Initi~ Study Mitigation Monitoring Program ensure me impJementaaon ot practices to reduce sediment and other pollutants in storm water discharges. The SWPPP must include BMP, which address soume reduction and, if necessary, shall include practices that require treatment. Integral to the NOI process is submittal of engineering designs. The SWPPP will be submitted to the city's Engineering Division and the Santa Clara Valley Water District for review and approval prior to approval of the final map. 4. Prepare short-range and long- Applicant City Engineering range concept plans for Hecker Division/Caltrans Pass Highway and Santa Teresa Boulevard across the project frontage and including_the Hecker Pass Highway/SantaTeresa Boulevard/First Street intersection for review by the City of Gilroy and Caltrans. The proposed conceptual design plans for the Santa Teresa Boulevard/Hocker Pass Highway/First Street intersection should be consistent with intersection design plans previously prepared for the intemection. A conceptual ultimate design plan for the intersection was prepared in conjunction with the development application for the South Valley National Bank project. Design the intersection of the Applicant City Engineering 5. Santa Teresa Boulevard/northerly Division/Santa Clara access road intersection as a right County in/right out intersection. Provide a raised median on Santa Teresa Boulevard to prohibit left turn movements at this intersection. Provide a right turn deceleretion lane and a right turn acceleration lane on southbound Santa Teresa Boulevard at this location. This shall be reviewed and approved by the County of Santa Clare. MMP-4 Golden State Planning and Environmental Consulting Mitigation Monitoring Checklist B Before issuance of a Gradina/Buildin(I Permit, the following mitigation measures shall be implemented. Mitigation Mitigation Party Party Number Responsible for Responsible for Implementation Monitoring 10. The following control measures Applicant City Planning shall be incorporated into any Division permits ssued for the proposed project and shall be placed on fina plans. a. Water ail active construction areas at least twice daily or more often as necessary to prevent dust from becoming airborne and leaving the site; b. Cover all trucks hauling soil, sand and other loose materials or require all trucks to maintain at least two feet of freeboard; c. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; d. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; e. Sweep streets daily with water sweepers) if visible soil material is carried onto adjacent public streets; f. Hydreseed or apply (non- toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); g. Enclose cover, water twice daily or apply (non-toxic)soil binders to exposed stockpiles (dirt, sand, etc.); h. Limit traffic speeds on unpaved roads to 15 mph; i. install sandbags or other erosion control measures to prevent silt runoff to public roadways; j. Replant vegetation in disturbed areas as quickly as possible. Golden State Planning and Environmental Consulting. 1VEVtP-5 VElag~ ~re~n Ini~l Study M~igatlon Monitoring Program 12. 13. 16. If proposed apartments and condominiums near Santa Teresa Boulevard have upper floor balconies located within the 60 dB Ldn contour of the roadway (260 feet from road center), any noise barder of practical height cannot adequately reduce traffic noise levels in these outdoor activity areas. If balconies are proposed, they should be located on the sides of buildings opposite Santa Teresa i Boulevard. To determine whether adverse noise impacts result from proposed commercial uses, an acoustical analysis shall be conducted prior to approval of any future use at the commercial center. Mitigation for potentially significant noise levels shall be based on the city's current noise standards at the time. If determined to be necessary, methods to reduce noise to acceptable levels shall be integrated into the proposed commercial center use (e.g., noise attenuation walls, moving potential noise source to opposite side of residential or the senior assisted living structure, or limiting noise generators to periods of the day when they would have the least impact. Furthermore, it is feasible that a particular use may not be appropriate for the site and thus would not be approved by the city). Future uses will be subject to review and approval by the city's Planning Division. Because the site has potential burrowing owl habitat, a survey shall be conducted per CDFG ~rotocol. To determine whether urrowlng owls breed on or near the project site, a burrowing owl survey shall be conducted between April 15 and July 15, as per current CDFG protocols. If burrowing owls are observed during the surveys, the extent of burrowing owl habitat on the site shall be dalineated by a qualified wildlIfe biologist. A burrowing owl mitigation plan should be prepared that identif'ms activities to avoid and or mitigate impacts to the species. This plan will be subject to review and approval by CDFG and issuance of a Mitigation Agreement between the landowner and CDFG. Currently a 1:1 acreage Applicant Applicant Applicant Planning Division Planning Division Planning Division MMP-6 Golden State Planning and Environmental Consulting Wdlage Green Initial Stud~ Mi~gation Monitoring Program 17. 18. 19. replacement ratio is recommencle~3 by CDFG to offset permanent impacts to burrowing owl habitat. The land is typically set aside in perpetuity by either a conservation easement or other mechanism. Construction activities should also be scheduled to avoid impacts to breeding animals (if present). If pre-construction surveys detect owls on the site during the non- breeding season, CDFG may authorize owl eviction following approval of a habitat mitigation plan and issuance of a Mitigation Agreement. Passive relocation techniques allow the owls to vacate their burrows prior to site grading and prevent their re-entering the site. The grassland and pasture areas shall be surveyed during the spring to determine whether horned larks are nesting on the project site. If horned larks are nesting on the project site, measures can be incorporated into the project design to avoid impacts to the larks' nesting habitat (i.e., grassland). CDFG shall be consulted regarding suitable mitigation strategies. The portion of Uvas Creek adjacent to the project site is habitat for steelhead, California red-legged frog, and southwestern pond turtle. To avoid impacts to these aquatic species, the project shall include appropriate erosion control techniques during grading to prevent sediment from entedng Uvas Creek. Refer to mitigation 3 above for specific information on a Stormwater Pollution Prevention Plan pertinent to Uvas Creek. A qualified biologist should survey the buildings on the site prior to demolition to determine whether bats are roosting in any building. If bats are present, CDFG should be consulted regarding appropriate mitigation measures. Such measures may include: scheduling construction dudng the least critical time of year for bats (i.e., in the late summer after young have been weaned), preventing bats from roosting on the structures prior to demolition by appropriately timed placement of a barrier, and implementation of a revegetation plan to replace existing roosts (i.e., planting trees). Applicant Applicant Applicant Planning Division Planning Division/Santa Clara Valley Water Distdct Planning Division Golden State Planning and Enviroi~ntal Consulting. M34P-7 ~lla~ ~r~n In,iai St~ .~itlga~on Mon~oring Pro, am ~. 20. 21. The biology mitigations shall be administered by a qualified professional biologist paid for by the applicant, who will be a liaison between the city and the responsible state agency, and any other public agency with jurisdiction over the resoumes at or adjacent to the site. Furthermore, this liaison shall provide a written report indicating the date that work shall commence (i.e., when mitigations are implemented) and when the work is completed, and who and when public agency staff were contacted. The reports shall include, but not be limited to, a discussion of issues addressed and how they were resolved. The reports shall be sent to the city's Planning Division, the project applicant and the public agencies involved. The applicant shall prepare a Phase I study to determine whether there was. ever the use of toxic chemicals on the property. If it is determined to be likely that chemicals were used on the site, a Phase II study will be required. This study includes soil samples taken from the site and tested by a certified laboratory to determine whether chemicals known to be hazardous to human health exist on the site. The Phase II study also includes a risk analysis based on the parts per million of a particular chemical constituent relative to current public health standards. If there are chemicals on the site that require remediation, a Phase III report will be required. This report would include remediation activity. This process (a disclosure process), is subject to state protocol. All reports shall be submitted to the Planning Division and shall be prepared prior to the city issuing a grading permit. Conceptual and final project siting, architectural and landscaping plans for each structure on the site shall be reviewed and approved by the city's Planning Division prior to issuing a grading permit for the proposed project. Applicant Applicant Applicant Planning Division Planning Division Planning Division MMP-8 Golden State Planning and Environmental Consulting Village Green lniti~ Study Mitigation Monilon'ng l~ogram ,~ 23. The landscape plan for the proposed project shall conform to the Consolidated Landscaping Policy and shall be reviewed and approved by the Planning Division prior to issuing a building permit. Applicant Planning Division Golden State Planning and En~i~,ntal Consulting. MMP-p Village Green Initial Study Mitigation Monitoring Program Mitigation Monitoring Checklist C Before issuance of an Occupancy Permit, the following mitigation measures shall be implemented. Mitigation Mitigation Party Party Number Responsible for Responsible for Implementation Monitoring 6. Construct frontage improvements Applicant City Engineering along Santa Teresa Boulevard and Division/Caltrans/ Highway 152. This shall be Santa Clara County reviewed and approved by Caltrans and the County of Santa Clara. 7. Provide improvements at the Santa Applicant City Engineering Teresa Boulevard/Hecker Pass Division/Caltrans/ Highway/First Street intersection, Santa Clara County as required, to allow U-turn movements from the eastbound Hecker Pass Highway and northbound Santa Teresa Boulevard intersection approaches. 8. The applicant shall provide a Applicant City Engineering pedestrian facility on the west side Division/Santa Clara of Santa Teresa Boulevard along County the project frontage with a connection to the existing Uvas Creek Trail. This shall be reviewed and approved by the County of Santa Clara. 9. The project apPlicant shall work Applicant City Engineering with VTA to provide transit service DivisionNTA directly to the site. At least one transit stop shall be provided on the project site with the location to be coordinated between the applicant and V'TA. The transit stop shall be designed to VTA standards. 11. Construct a solid noise barrier along Santa Teresa Boulevard Applicant City Engineering Division : along the east side of the project site. The required height of the noise barrier shall depend on the final elevations of the project site after grading and the final site design. Currently, the project site is approximately two feet above Santa Teresa Boulevard at its northern end and transitions to about five feet below the roadway at its southern end. If it is assumed that the final elevation of the site is the same as Santa Teresa MMP-I O Golden $!~t; Planning and Environmental Consulting V'dlage Green Initial Study Min'gation Monitoring Program 14, 15. 24. Bouleva~ and ground-level outdoor activity areas are 100 feet from the road center, a sA-foot- high noise barrier would reduce worst-case future traffic noise levels to about 60 dB Ldn, thereby satisfying the city's exterior noise levels standard. It is also assumed that the configuration of Santa Teresa Boulevard is unchanged. If finat elevations, site design or road configuration are different than assumed above, a six-foct barrier may not adequately reduce noise levels at ground-level outdoor activity areas. When final site elevations and site design are available, the required height of noise barriers should be re- calculated based on the planned configuration of Santa Teresa Boulevard. A determination of the appropriate finished height of a future noise attenuation wall shall be determined by the Planning Division through review of site plans. The city shall review plans and approve the wall height prior to issuance of a grading permit. An additional noise study may be required to determine the exact height of the sound wall. The area between the proposed extension of Third Street and the creek shall be vegetated with a dense mosaic of native trees and shrubs. The vegetation will filter light from the development and provide a physical barrier between the development and the wildlife within the riparian woodland, whereby the integrity of the habitat will be maintained or enhanced. This shall be integrated into a landscaping plan subject to review and approval by the city Planning Division, prior to approval of a final map, The applicant shall install lighting such that illumination into the riparian woodland does not occur, subject to review and approval by the city's Planning Division, prior to the city issuing an occupancy permit. The applicant is responsible for planting street trees along proper'b/ frontage within city and Caltrans right-of-way consistent with the requirements of the parks and recreation department. Trees Applicant Applioant Applicant Planning Division Planning Division Planning Division Golden State Planning and Environmental Consulting. · ~EJage Green Init~l Study Miffgation Moni~orlng Program 25.' planted snail be mcorporate~ into the project's landscape plan, which shall be reviewed and approved by the city's Community services Department. All sb'eet trees shall be planted prior to building occupancy associated with Phase I. If archaeological resources or human remains are discovered during construction, work shall be halted within 200 feet of the find until it can be evaluated by a qualified professional archaeologist. Furthermore, the mitigation shall conform with Appeodix K (Archaeological mpacts) of the CEQA Guidelines. Applicant Plar~ning Division MY~P-] 2 Golden State Planning and Envlronmental Consulting I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2001-3 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 5th day of March, 2001, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 18th day of April, 2001. Cit~ Clerk of the _City of Gilroy (Seal)