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Ordinance 2003-11 ORDINANCE NO. 2003-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY PRE-ZONING TO PF (P ARK/PUBLIC FACILITY) AND RI-PUD (SINGLE-FAMILY RESIDENTIAL - PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 66.8 ACRES AT 850 DAY ROAD, WEST OF SANTA TERESA BOULEVARD, ZOO- 08, APNS 783-16-020 AND 783-16-022 WHEREAS, Glen Loma Group has submitted Z 00-08 requesting an amendment to the City of Gilroy's Zoning Map so that certain property is pre-zoned to PF (ParklPublic Facility) and Rl- PUD (Single-Family Residential - Planned Unit Development) on approximately 66.8 acres; and WHEREAS, the property affected by Z 00-08 is located at 850 Day Road, west of Santa Teresa Boulevard, APNs 783-16-020 and 783-16-022; and WHEREAS, pursuant to California Government Code section 65859, a city may pre-zone property in unincorporated territory to determine the zoning that will apply to that territory upon annexation to the city; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council on July 21, 2003, adopted a mitigated Negative Declaration for this project with 20 mitigation measures, finding that the Negative Declaration was completed in compliance with CEQA, that it reflects the independent judgment of the City, and that there is no substantial evidence in the record that the project as mitigated will have a significant effect on the environment; and WHEREAS, the Planning Commission reviewed application Z 00-08 at a duly noticed public hearing on January 16, 2003, and recommended that the City Council approve application Z 00-08; and WHEREAS, the City Council held duly noticed public hearings on Z 00-08 on March 17, 2003, and July 21,2003, at which public hearings the City Council considered the project and based upon substantial evidence produced both in writing and orally, including the Staff Report dated January 6, 2003, the Supplemental Staff Report dated March 11, 2003, and Update dated July 7, \G80\597072.1 072403-04706002 -1- Ordinance No. 2003-11 2003, resolved that the project should be approved; and WHEREAS, the location and custodian of the documents or other materials 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 ORDAINS AS FOLLOWS: SECTION I The City Council hereby finds that Z 00-08 should be and hereby is approved for the following reasons: A. 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 ofthe General Plan. B. The City has taken all actions required to approve this project pursuant to CEQA. C. The project is subject to the mitigation measures set forth in the mitigated Negative Declaration dated Revised March 11, 2003, and the Mitigation Monitoring Program, both attached hereto as Exhibit A, and incorporated herein by this reference. SECTION II The Zoning Map of the City of Gilroy is hereby amended to pre-zone to PF (park/Public Facility) and RI-PUD (Single-Family Residential - Planned Unit Development) approximately 66.8 acres at 850 Day Road, west of Santa Theresa Boulevard, APNs 783-16-020 and 783-16-022, which zoning shall take effect when, and only if, the annexation of this property to the City of Gilroy becomes effective. SECTION III This ordinance shall take effect and be in full force in thirty (30) days from and after its adoption. IGB01597072.1 072403-04706002 -2- Ordinance No. 2003-11 PASSED AND ADOPTED this 2nd day of September, 2003, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT COUNCILMEMBERS: ATTESJ: . ; ] ~ /<-r d il ,', . - ~'- V~-"L-A-1\... Rho da Pellm, CIty Clerk IGB01597072.1 072403-04706002 DILLON, GARTMAN, P~EIRO,VELASCO ARELLANO and SPRINGER MORALES, GARTMAN APPROVED: ~- Thomas W. S ,r, ayor -3- Ordinance No. 2003-11 Community Development Department Planning Division NEGATIVE DECLARA TION City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 (408) 846-0440 City File Number: A 00-01 and Z 00-08 Proiect Description: Name of Project: Nature of Project: Silveira Annexation and Zone Change Annexation of a 63.65-acre site, and pre-zoning to R l-PUD prior to annexation Proiect Location: Location: The property is located at the southwest comer of Day Road and Santa Teresa Boulevard. Assessor's Parcel Numbers: 783-16-020 and 783-16-022 Entitv or Person(s) Undertakine Proiect: Name: Address: Glen Lorna Group (c/o John Filice) 7888 Wren Avenue, Suite D-143, Gilroy, CA 95020 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 Department, 7351 Rosanna Street, Gilroy, CA 95020. EXHIBIT A Glen Lorna Group/Silveira Annexation 2 Revised 3/11/2003 Findine:s & 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 significant effect on the environment. The following reasons will support these findings: I. The proposal is a logical component of the existing land use of this area. 2. Identified adverse impacts are proposed to be mitigated through preparation of special studies and construction of off-site improvements. 3. The proposed project is consistent with the adopted goals and policies of the General Plan of the City of Gilroy. 4. City staff independently reviewed the Initial Study, and this Negative Declaration reflects the independent judgment of the City of Gilroy. Miti2ation Measures: 1. Prior to the issuance of a grading permit, the project proponent shall submit a landscape plan, for review and approval by the City of Gilroy Planning Division. The landscape plan shall include, but not be limited to the following: ~ Fully dimensioned property lines, all existing and proposed structures, and all existing and proposed landscaping; ~ All adjacent streets, alleys, curbs, parkway strips, sidewalks, easements, sewer and water lines, street lights, fire hydrants, and directional street signs; ~ Existing landscaping features to be retained, such as mature shrubs, hedges, trees, ground cover, and other plat material; ~ Location for all new plant materials and soil mounds (berming); ~ The quantity, size (gallonage), and species (both common and botanical name) of all new plant materials including required city street trees; ~ An irrigation system which shall adequately supply water to all plant material in all planter areas, and to all plant material and trees within a city parkway and/or easement ~ All water meters, existing and proposed, including size designation shall be delineated; and ~ Any additional features of the de velopment which relate tot he proposed landscaping scheme, such as soil mounds, drainage swales, slopes, depressions, water elements, etc. 2. Prior to development on the Catholic Church and School site, the project proponent shall submit a detailed plan for all exterior lighting. The plan shall design lighting to minimize light or glare impacts to adjacent properties including Santa Teresa Boulevard and Day Road. Light fixtures should use hoods and shields to direct the light beam onto the area intended for illumination. The detailed lighting plan shall be subject to the review and approval by the City of Gilroy Planning Division, prior to Architectural and Site Review approval. Glen Lorna Group/Silveira Annexation 3 Revised 3/11/2003 3. The project proponent shall specify in project plans the implementation of the following dust control measures during grading and construction activities for the proposed project. The measures shall be implemented as necessary to adequately control dust. The following measures shall be implemented in all construction sites: ~ Water all active construction areas at least twice daily; ~ Cover all trucks hauling soil, sand, and 0 ther loose materials 0 r require all trucks to maintain at least two feet of freeboard; ~ 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; ~ Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; ~ Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. The following measures shall be implemented at all construction sites greater than four acres in area: ~ Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); ~ Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.); ~ Limit traffic speeds on unpaved roads to 15 mph; ~ Install sandbags or other erosion control measures to prevent silt runoff to public roadways; ~ Replant vegetation in disturbed areas as quickly as possible. Optional control measures, the following measures are strongly encouraged at construction sites that are large in area, located near sensitive receptors or which for any other reason may warrant additional emissions reductions: ~ Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; ~ Install windbreaks, or plant trees/vegetative wind breaks at windward side(s) of construction areas; ~ Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; ~ Limit the area subject to excavation, grading and other construction activity at anyone time. 4. Subject to the review and approval of the Engineering Division, tentative maps/improvement plans shall include the following improvements, to be implemented concurrent with adjacent street improvements: ~ Install a class 2 bike lane along Santa Teresa Boulevard to the intersection of Buena Vista Avenue (eastern project boundary); Glen Lorna Group/Silveira Annexation 4 Revised 3/1112003 ~ Install a Class I bicycle path along the northern boundary of the project site; ~ provide wide sidewalks; ~ provide street lighting; ~ provide shade trees to shade sidewalks; ~ do not allow long uninterrupted walls along pedestrian walkways; ~ provide secure bicycle parking at the proposed Church facility; ~ Coordinate with VT A for the provision of bus routes to serve the project site and to the northwestern quadrant of Gi lroy; ~ Provide bus turnouts and bus stop facilities at or near the project site in coordination with VTA; ~ Provide convenient pedestrian access to the bus stops, including a minimum eight-foot wide sidewalk adjacent to the bus stop in compliance with the American with Disabilities Act (ADA); 5. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities on the project site, field surveys shall be conducted by a qualified biologist to determine if burrowing owls are present in the construction zone or within 200 feet of the construction zone. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. These surveys shall be required only if any construction would occur during the nesting and/or breeding season of burrowing owls (February 1 through August 31) and/or during the winter residency period (December I through January 31). If active nests are found in the survey area, a burrowing owl habitat mitigation plan shall be submitted to the California Department of Fish and Game for review and approval. The burrowing owl habitat mitigation plan shall contain mitigation measures contained in the California Department of Fish and Game Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game 1995). Compliance with this mitigation measure may include, but not be limited to, the following: ~ A voidance of occupied burrows during the nesting season (February I through August 31); ~ Acquisition, protection and funding for long-term management and monitoring of foraging habitat adjacent to occupied habitat; ~ Enhancement of existing burrows and/or creation of new burrows; ~ Passive relocation of burrowing owls. 6. Prior to the approval of applicable final map and use permits, the project proponent shall prepare a grading plan that shall include, but not be limited to, specifications requiring that no materials or machinery will be allowed in the bed or banks of the Santa Clara Valley Water District channel. This would include any grading and/or fill material or grading and/or construction vehicles, etc. The plan shall be subject to review and approval by the Gilroy Engineering Division and Santa Clara Valley Water District. Monitoring shall take place during grading and construction activities and shall be performed by the Gilroy Engineering Division and/or Santa Clara Valley Water District. Glen Lorna Group/Silveira Annexation 5 Revised 3/11/2003 7. Prior to the issuance 0 fat entative m ap 0 r us e permit, the project proponent shall submit a Landscape Plan, for review and approval by the City of Gilroy Planning Division, indicating the location, size and species of existing trees found within the project site boundaries. The plan shall indicate which trees are planned for removal. Based on review of the Landscape Plan, the City shall determine which trees, if any, are "significant." If significant trees are determined to be located on the project site, these trees shall be retained, to the greatest extent feasible. The dripline of significant trees to be retained shall be fenced prior to grading activities to prevent root damage. If retention of all significant trees on the project site is not feasible, a written report shall be prepared by a certified arborist including the number and location of each significant tree to be removed, the type and approximate size of each significant tree, the reason for removal, and specifications for replacing significant trees to be removed. The written report shall be prepared prior to the commencement of grading activities, subject to approval by the City of Gilroy Planning Division. Prior to the commencement of construction activities, the protected zone (one to 1.5 times the distance from the trunk to the dripline, depending on the tree species) of any trees or groups of trees to be retained shall be fenced to prevent injury to the trees during construction. Soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/or dumping of materials shall not be allowed within the protected zone. The fencing shall remain in place until all construction activities are complete. The trees or groups of trees to be fenced shall be indicated in a written report prepared subject to approval by the City of Gilroy Planning Division. 8. Prior to approval of future tentative maps on the project site that include the demolition of structures, the project proponent shall pay for a historic building survey, subject to the review and approval by the Gilroy Planning Division. 9. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included in any permits issued for the project site, including, but not limited to grading permits for future development, subject to the review and approval of the Gilroy Planning Division: If archaeological resources or human remains are discovered during construction, work shall be halted at a minimum of 200 feet from the find and the area shall be staked off. The project developer shall notify a qualified professional archeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. 10. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 15064.5(e): Glen Loma Group/Silveira Annexation 6 Revised 3/1l/2003 If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dig nity 0 n the property in a location no t subject to further dis turbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the MLD identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the MLD, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. It. The project proponent shall submit a soils investigation prepared by a qualified soils engineer for future development on the project site. The recommendation of the soils investigation shall be incorporated into the final building plans, subject to the review and approval by the Gilroy Engineering Division prior to approval of any building permits. The purposes of the soils investigation is to determine the exact soils characteristics and limitations on the site, and to recommend appropriate engineering specifications for development of the site. 12. The applicant shall submit a Notice of Intent (NOI) a nd de tailed engineering de signs tot he Central Coast R WQCB. This permit shall require development and implementation of a SWPPP that uses storm water "Best Management Practices" to control runoff, erosion and sedimentation from the site. 13. Prior to any grading or construction activities within 50 feet of the Santa Clara Valley Water District channel, the applicant shall obtain a permit from the Santa Clara Valley Water District. The permit is subject to the review and approval by the Gilroy Engineering Division. 14. To achieve compliance with the 35 dBA Leq interior noise goal recommended for this project, the following measures shall be inc orporated int 0 t he de sign 0 f t he affected school building permit for the school, subject to review and approval by the building department: Maintain closed at all times during classroom use all windows of noise sensitive spaces within 350 feet of the centerline of the Santa Teresa Boulevard and with a direct or side view of the roadway. Install any type of dual-pane thermal insulating window. Provide some type of mechanical ventilation, as required by the Building Code. Glen Loma Group/Silveira Annexation 7 Revised 3/11/2003 To insure that the sound insulation features of project windows will be maintained, the window frames in impacted living spaces must be caulked to the wall opening around their entire perimeter with an acoustical sealant. In order to achieve a sound-rated window design, the sliding window panels must form an airtight seal with the frame when in the closed position. All other windows of the project may use any type of glazing and may be kept open as desired. The windows specified above to be maintained closed are to be operable as the requirement does not imply a "fixed" condition. 15. The following language shall be included on any permits issued for the project site, subject to the review and approval of the Gilroy Building, and Engineering Divisions. "All construction activities shall be limited to weekdays between 7:00 AM and 7:00 PM, and to Saturdays and City designated holidays between 9:00 AM and 7:00 PM. No construction is permitted on Sundays." 16. The project proponent shall prepare appropriate documentation for establishment of a homeowners' association or similar suitable mechanism to take long-term responsibility and to provide funding for the long-term operations and maintenance 0 ft he I andscaping, landscape irrigation and electrical system, storm drainage system, and the bridge across the Santa Clara Valley Water District channel. The Covenants, Codes, and Restriction shall specify on the deed for each lot that all property owners shall be subject to the homeowners' association and that in perpetuity, the homeowners' association shall manage the landscaping, landscape irrigation and electrical system, storm drainage system, and the bridge across the Santa Clara Valley Water District channel. 17. Prior to issuance of an occupancy permit, the project proponent shall install a traffic signal at the Santa Teresa Boulevard/Day Road (west) intersection subject to review and approval by t he Gilroy Engineering Division and the County of Santa Clara Roads and Airports Department. In addition the project proponent shall make a "fair share" (pro-rata based on traffic added) contribution acceptable by the Santa Clara County Public Works Director in lieu of installing a traffic signal at the intersection of Santa Teresa Boulevard/Fitzgerald Avenue. The applicant's contribution toward this improvement fulfills this mitigation requirement and relieves the applicant of further responsibility associated with the proposed project and the associated environmental document. The project applicant shall be responsible for retaining a qualified traffic consultant to determine the "fair share" contribution. In the event that the County does not accept the applicant's contribution, the applicant will pay to the City of Gilroy the amount determined by the applicant's as approved by the City staff. The City will then determine the appropriate time to compensate for this improvement. 18. Residential units at the project site shall be limited to 280, as indicated on the site plan received by the. Planning Division on February 18, 2003, assuming the church and school remain a part of future development, as well. 19. Prior to the issuance of a building permit, the project applicant shall dedicate a 46-foot half street right-of-way along the Day Road and a 55-foot half street right-of-way along Santa Teresa Boulevard in accordance with the Official Plan Line Book No.3 page 59 to 73. All right-of-way lines shall be curvilinear. Glen Lorna Group/Silveira Annexation 8 Revised 3/11/2003 20. Prior to the issuance of an occupancy penn it, the project applicant shall design roadway drainage improvements along the Santa Teresa Boulevard and Day Road dedicated rights-of-way in accordance with the County Roads and Airports Department's Standard Detail NI. Date Prepared: December 9,2002 End of Review Period: December 31,2002 Date Revised: March II, 2003 Date Adopted by City Council: William Faus Planning Division Manager Silveira Annexation and Zone Change Mitigation Monitoring Program Introduction CEQA Guidelines section 15097 requires public agencies to adopt reporting or monitoring programs when they approve projects subject to an environmental impact report or a negative declaration that includes mitigation measures to avoid significant adverse environmental effects. The reporting or monitoring program is to be designed to ensure compliance with conditions of project approval during project implementation in order to avoid significant adverse environmental effects. The law was passed in response to historic non-implementation of mitigation measures presented in environmental documents and subsequently adopted as conditions of project approval. In addition, monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures. A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measure's compliance. This monitoring program is designed to provide a mechanism to ensure that mitigation measures and subsequent conditions of project approval are implemented. Monitoring Program The basis for this monitoring program is the mitigation measures included in the project environmental impact report. These mitigation measures are designed to eliminate or reduce significant adverse environmental effects to less than significant levels. These mitigation measures become conditions of project approval, which the project proponent is required to complete during and after implementation of the proposed project. The attached checklist is proposed for monitoring the implementation of the mitigation measures. This monitoring checklist contains all appropriate mitigation measures in the environmental impact report. Monitoring Program Procedures The City of Gilroy shall use the attached monitoring checklist for the proposed project. The monitoring program should be implemented as follows: 1. The Gilroy Community Development Department should be responsible for coordination of the monitoring program, including the monitoring checklist. The Community Development Department should be responsible for completing the monitoring checklist and distributing the checklist to the responsible individuals or agencies for their use in monitoring the mitigation measures. EXHIBIT C Silveira Annexation and Zone Change Initial Study Mitigation Monitoring Program 2. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring checklist have been complied with. Once all mitigation measures have been complied with, the responsible individual or agency should submit a copy of the monitoring checklist to the Community Development Department to be placed in the project file. If the mitigation measure has not been complied with, the monitoring checklist should not be returned to the Community Development Department. 3. The Gilroy Community Development Department will review the checklist to ensure that appropriate mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with at the appropriate time, e.g. prior to issuance of a use permit, etc. Compliance with mitigation measures is required for project approvals. 4. If a responsible individual or agency determines that a non-compliance has occurred, a written notice should be delivered by certified mail to the project proponent within 10 days, with a copy to the Community Development Department, describing the non-compliance and requiring compliance within a specified period of time. If non-compliance still exists at the expiration of the specified period of time, construction may be halted and fines may be imposed at the discretion of the City of Gilroy. City of Gilroy 2 Silveira Annexation and Zone Change Mitigation Monitoring Checklist Step 1: Prior to approval of the Tentative Map, the following mitigation measures shall be addressed: Mitigation Measure 4 Subject to the review and approval of the Engineering Division, tentative maps/improvement plans shall include the following improvements, to be implemented concurrent with adjacent street improvements: · Install a class 2 bike lane along Santa Teresa Boulevard to the intersection of Buena Vista Avenue (eastern projectboundary); · Install a Class I bicycle path along the northern boundary of the project site; · provide wide sidewalks; · provide street lighting; · provide shade trees to shade sidewalks; · do not allow long uninterrupted walls along pedestrian walkways; · provide secure bicycle parking at the proposed Church facility; · Coordinate with VT A for the provision of bus routes to serve the project site and to the northwestern quadrant of Gilroy; · Provide bus turnouts and bus stop facilities at or near the project site in coordination with VT A; · Provide convenient pedestrian access to the bus stops, including a minimum eight-foot wide sidewalk adjacent to the bus stop in compliance with the American with Disabilities Act (ADA); Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Engineering Division City of Gilroy 1 Silveira Annexation and Zone Change Mitigation Monitoring Checklist Mitigation Measure 7 Prior to the issuance of a tentative map or use permit, the project proponent shall submit a Landscape Plan, for review and approval by the City of Gilroy Planning Division, indicating the location, size and species of existing trees found within the project site boundaries. The plan shall indicate which trees are planned for removal. Based on review ofthe Landscape Plan, the City shall determine which trees, ifany, are "significant." If significant trees are determined to be located on the project site, these trees shall be retained, to the greatest extent feasible. The dripline of significant trees to be retained shall be fenced prior to grading activities to prevent root damage. If retention of all significant trees on the project site is not feasible, a written report shall be prepared by a certified arborist including the number and location of each significant tree to be removed, the type and approximate size of each significant tree, the reason for removal, and specifications for replacing significant trees to be removed. The written report shall be prepared prior to the commencement of grading activities, subject to approval by the City of Gilroy Planning Division. Prior to the commencement of construction activities, the protected zone (one to 1.5 times the distance from the trunk to the dripline, depending on the tree species) of any trees or groups oftrees to be retained shall be fenced to prevent injury to the trees during construction. Soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/ or dumping of materials shall not be allowed within the protected zone. The fencing shall remain in place until all construction activities are complete. The trees or groups of trees to be fenced shall be indicated in a written report prepared subject to approval by the City of Gilroy Planning Division. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Mitigation Measure 8 Prior to approval of future tentative maps on the project site that include the demolition of structures, the project proponent shall pay for a historic building survey, subject to the review and approval by the Gilroy Planning Division. Party Responsible Jor Implementation: Applicant Party Responsible Jor Monitoring: Gilroy Planning Division City of Gilroy 2 Silveira Annexation and Zone Change Mitigation Monitoring Checklist Mitigation Measure 18 Residential units at the project site shall be limited to 280, as indicated on the site plan received by the Planning Division on February 18,2003, assuming the church and school remain a part of future development, as well. Party Responsible for Implementation: Applicant Party Responsible for Moniton"ng: Gilroy Planning Division City of Gilroy 3 Silveira Annexation and Zone Change Mitigation Monitoring Checklist Step 2: Prior to approval of the Final Map, the following mitigation measures shall be addressed: Mitigation Measure 2 Prior to development on the Catholic Church and School site, the project proponent shall submit a detailed plan for all exterior lighting. The plan shall design lighting to minimize light or glare impacts to adjacent properties including Santa Teresa Boulevard and Day Road. Light fixtures should use hoods and shields to direct the light beam onto the area intended for illumination. The detailed lighting plan shall be subject to the review and approval by the City of Gilroy Planning Division, prior to Architectural and Site Review approval. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division, Engineering Division and Police Department City of Gilroy 4 Silveira Annexation and Zone Change Mitigation Monitoring Checklist Step 3: The following mitigation measures shall be implemented prior to any Architectural and Site Review approval: Mitigation Measure 1 Prior to the issuance of a grading permit, the project proponent shall submit a landscape plan, for review and approval by the City of Gilroy Planning Division. The landscape plan shall include, but not be limited to the following: . Fully dimensioned property lines, all existing and proposed structures, and all existing and proposed landscaping; · All adjacent streets, alleys, curbs, parkway strips, sidewalks, easements, sewer and water lines, street lights, fire hydrants, and directional street SIgns; · Existing landscaping features to be retained, such as mature shrubs, hedges, trees, ground cover, and other plat material; · Location for all new plant materials and soil mounds (berming); · The quantity, size (gallonage), and species (both common and botanical name) of all new plant materials including required city street trees; · An irrigation system which shall adequately supply water to all plant material in all planter areas, and to all plant material and trees within a city parkway and/ or easement . All water meters, existing and proposed, including size designation shall be delineated; and . Any additional features of the development which relate to the proposed landscaping scheme, such as soil mounds, drainage swales, slopes, depressions, water elements, etc. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division City of Gilroy 5 Silveira Annexation and Zone Change Mitigation Monitoring Checklist Mitigation Measure 16 The project proponent shall prepare appropriate documentation for establishment of a homeowners' association or similar suitable mechanism to take long-term responsibility and to provide funding for the long-term operations and maintenance of the landscaping, landscape irrigation and electrical system, storm drainage system, and the bridge across the Santa Clara Valley Water District channel. The Covenants, Codes, and Restriction shall specify on the deed for each lot that all property owners shall be subject to the homeowners' association and that in perpetuity, the homeowners' association shall manage the landscaping, landscape irrigation and electrical system, storm drainage system, and the bridge across the Santa Clara Valley Water District channel. Party Responsible for Implementation: Applicant Party Responsible for Moniton"ng: Gilroy Engineen"ng Division and Community Services Department City of Gilroy 6 Silveira Annexation and Zone Change Mitigation Monitoring Checklist Step 4: The following mitigation measures shall be implemented prior to issuance of a Grading Permit: Mitigation Measure 3 The project proponent shall specify in project plans the implementation of the following dust control measures during grading and construction activities for the proposed project. The measures shall be implemented as necessary to adequately control dust. The following measures shall be implemented in all construction sites: · Water all active construction areas at least twice daily; . Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; . 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; · Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; · Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. The following measures shall be implemented at all construction sites greater than four acres in area: . Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); · Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.); · Limit traffic speeds on unpaved roads to 15 mph; · Install sandbags or other erosion control measures to prevent silt runoff to public roadways; . Replant vegetation in disturbed areas as quickly as possible. Optional control measures, the following measures are strongly encouraged at construction sites that are large in area, located near sensitive receptors or which for any other reason may warrant additional emissions reductions: · Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; City of Gilroy 7 Silveira Annexation and Zone Change Mitigation Monitoring Checklist . Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) of construction areas; . Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; . Limit the area subject to excavation, grading and other construction activity at anyone time. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Engineering Division Mitigation Measure 5 Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities on the project site, field surveys shall be conducted by a qualified biologist to determine if burrowing owls are present in the construction zone or within 200 feet of the construction zone. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. These surveys shall be required only if any construction would occur during the nesting and/or breeding season of burrowing owls (February 1 through August 31) and/or during the winter residency period (December 1 through January 31). If active nests are found in the survey area, a burrowing owl habitat mitigation plan shall be submitted to the California Department of Fish and Game for review and approval. The burrowing owl habitat mitigation plan shall contain mitigation measures contained in the California Department ofFish and Game Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game 1995). Compliance with this mitigation measure may include, but not be limited to, the following: . A voidance of occupied burrows during the nesting season (February 1 through August 31); . Acquisition, protection and funding for long-term management and monitoring of foraging habitat adjacent to occupied habitat; . Enhancement of existing burrows and/ or creation of new burrows; · Passive relocation of burrowing owls. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division City of Gilroy 8 Silveira Annexation and lo,.t:: Change Mitigation Monitoring Checklist Mitigation Measure 6 Prior to the approval of applicable final map and use permits, the project proponent shall prepare a grading plan that shall include, but not be limited to, specifications requiring that no materials or machinery will be allowed in the bed or banks of the Santa Clara Valley Water District channel. This would include any grading and/ or fill material or grading and/or construction vehicles, etc. The plan shall be subject to review and approval by the Gilroy Engineering Division and Santa Clara Valley Water District. Monitoring shall take place during grading and construction activities and shall be performed by the Gilroy Engineering Division and/or Santa Clara Valley Water District. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Engineering Division and SCVWD Mitigation Measure 9 Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included in any permits issued for the project site, including, but not limited to grading permits for future development, subject to the review and approval of the Gilroy Planning Division: If archaeological resources or human remains are discovered during construction, work shall be halted at a minimum of 200 feet from the find and the area shall be staked off. The project developer shall notify a qualified professional archeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Mitigation Measure 10 In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 15064.5(e): If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes City of Gilroy . 9 Silveira Annexation and Zone Change Mitigation Monitoring Checklist to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the MLD identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the MLD, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Planning Division Mitigation Measure 11 The project proponent shall submit a soils investigation prepared by a qualified soils engineer for future development on the project site. The recommendation of the soils investigation shall be incorporated into the final building plans, subject to the review and approval by the Gilroy Engineering Division prior to approval of any building permits. The purposes of the soils investigation is to determine the exact soils characteristics and limitations on the site, and to recommend appropriate engineering specifications for development of the site. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Engineen.ng Division Mitigation Measure 12 The applicant shall submit a Notice of Intent (NOI) and detailed engineering designs to the Central Coast RWQCB. This permit shall require development and implementation of a SWPPP that uses storm water "Best Management Practices" to control runoff, erosion and sedimentation from the site. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Engineering Division and R WQCB City of Gilroy 10 Silveira Annexation and Zone Change Mitigation Monitoring Checklist Mitigation Measure 13 Prior to any grading or construction activities within SO feet of the Santa Clara Valley Water District channel, the applicant shall obtain a permit from the Santa Clara Valley Water District. The permit is subject to the review and approval by the Gilroy Engineering Division. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Engineering Division and SCVWD City of Gilroy 11 Silveira Annexation and Zone Change Mitigation Monitoring Checklist Step 5. The following mitigation measures shall be implemented during Building Permit: Mitigation Measure 15 The following language shall be included on any permits issued for the project site, subject to the review and approval of the Gilroy Building, and Engineering Divisions. "All construction activities shall be limited to weekdays between 7:00 AM and 7:00 PM, and to Saturdays and City designated holidays between 9:00 AM and 7:00 PM. No construction is permitted on Sundays." Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Building Division Mitigation Measure 19 Prior to the issuance of a building permit, the project applicant shall dedicate a 46-foot half street right-of-way along the Day Road and a 55-foot half street right-of-way along Santa Teresa Boulevard in accordance with the Official Plan Line Book No.3 page 59 to 73. All right-of-way lines shall be curvilinear. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Engineering Division and Santa Clara County Roads and Airports Department Mitigation Measure 14 To achieve compliance with the 35 dBA Leq interior noise goal recommended for this project, the following measures shall be incorporated into the design of the affected school building permit for the school, subject to review and approval by the building department: Maintain closed at all times during classroom use all windows of noise sensitive spaces within 350 feet of the centerline of the Santa Teresa Boulevard and with a direct or side view of the roadway. Install any type of dual-pane thermal insulating window. Provide some type of mechanical ventilation, as required by the Building Code. City of Gilroy 12 Silveira Annexation and Zone Change Mitigation Monitoring Checklist To insure that the sound insulation features of project windows will be maintained, the window frames in impacted living spaces must be caulked to the wall opening around their entire perimeter with an acoustical sealant. In order to achieve a sound-rated window design, the sliding window panels must form an air-tight seal with the frame when in the closed position. All other windows of the project may use any type of glazing and may be kept open as desired. The windows specified above to be maintained closed are to be operable as the requirement does not imply a "fixed" condition. Party Responsible for Implementation: Applicant Party Responsible for Moniton'ng: Gilroy Building Divisions Step 6. The following mitigation measures shall be implemented prior to the issuance of and Occupancy Permit: Mitigation Measure 17 Prior to issuance of an occupancy permit, the project proponent shall install a traffic signal at the Santa Teresa Boulevard/Day Road (west) intersection subject to review and approval by the Gilroy Engineering Division and the County of Santa Clara Roads and Airports Department. In addition the project proponent shall make a "fair share" (pro-rata based on traffic added) contribution acceptable by the Santa Clara County Public Works Director in lieu of installing a traffic signal at the intersection of Santa Teresa Boulevard/Fitzgerald A venue. The applicant's contribution toward this improvement fulfills this mitigation requirement and relieves the applicant of further responsibility associated with the proposed project and the associated environmental document. The project applicant shall be responsible for retaining a qualified traffic consultant to determine the "fair share" contribution. In the event that the County does not accept the applicant's contribution, the applicant will pay to the City of Gilroy the amount determined by the applicant's as approved by the City staff. The City will then determine the appropriate time to compensate for this improvement. Party Responsible for Implementation: Party Responsible for Monitoring: Applicant Gilroy Engineen"ng Division and Santa Clara County Roads and Airports Department City of Gilroy 13 Silveira Annexation and Zone Change Mitigation Monitoring Checklist Mitigation Measure 20 Prior to the issuance of an occupancy permit, the project applicant shall design roadway drainage improvements along the Santa Teresa Boulevard and Day Road dedicated rights-of-way in accordance with the County Roads and Airports Department's Standard Detail All. Party Responsible for Implementation: Applicant Party Responsible for Monitoring: Gilroy Engineering Division and Santa Clara County Roads and Airports Department City of Gilroy 14 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2003-11 is an original ordinance, or a true and correct copy of a city ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 2nd day of September, 2003, at which meeting a quorum was present, and has been published or posted pursuant to law. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 10th day of October, 2003. ~ lerk of the City of Gilroy (Seal)