Ordinance 2010-11
ORDINANCE NO. 2010-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING AN APPLICATION FOR A
CHANGE IN ZONING DESIGNATION FROM R3-PUD
(MEDIUM DENSITY RESIDENTIAL-PLANNED UNIT
DEVELOPMENT)) TO R3-PUD TO REMOVE THE ESTATE
LOT RESTRICTION ON APPROXIMATELY 3.81 ACRES
LOCATED AT THE SOUTHWEST CORNER OF SANTA
TERESA BOULEVARD AND HECKER PASS illGHWAY
(SR152), APN 810-66-012
WHEREAS, the applicant DMA Gilroy Partners, LLC submitted application Z 08-02 to
change the zoning designation on property identified as APN 810-66-012 from R3-PUD
(Medium Density Residential- Planned Unit Development) to R3-PUD (Medium Density
Residential - Planned Unit Development) to amend the earlier R3-PUD zoning Z 00-07 to
remove the restriction that required that a certain parcel remain an estate lot in perpetuity with
only one dwelling unit allowed, this portion of the parcel being approximately 3.81 acres located
at the southwest corner of Santa Teresa Boulevard and Hecker Pass Highway (SRI 52); and
WHEREAS, Zoning Ordinance No. 2001-3 which approved Z 00-07 allowed among its
uses a senior citizen housing development on the remainder of the property, including affordable
rental units and affordable cottage homes, and an assisted living facility; and
WHEREAS, this rezoning Z 08-02 is amending Z 00-07 for the purpose of developing a
Skilled Nursing Facility and Ambulatory Surgery Center ("the Project") on the formerly
restricted 3.81 acre portion of the site as described in the Zone Change Plats attached hereto as
Exhibit "A"; and
WHEREAS, in accordance with the California Environmental Quality Act ("CEQA"), a
Mitigated Negative Declaration was adopted by the City Council on March 1, 2010, the City
Council finding that on the basis of the whole record, including the initial study and any
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060810-04706083
1
ORDINANCE NO. 2010-11
comments received, there is no substantial evidence that the Project will have a significant effect
on the environment and that the Mitigated Negative Declaration reflects the independent
judgment and analysis of the City; and
WHEREAS, the Planning Commission held a duly noticed public hearing on February 4,
2010, at which time the Planning Commission considered the public testimony, the Staff Report
dated January 27, 2010, and all other documentation related to application Z 08-02, and
recommended that the City Council adopt the Mitigated Negative Declaration and approve Z 08-
02; and
WHEREAS, the City Council held a duly noticed public hearing on March 1, 2010, at
which time the City Council considered the public testimony, the Staff Report, a supplemental
Staff Report dated February 16, 2010, and all other documentation related to application Z 08-
02, and directed City Staff to prepare documents approving the Project including conditions.
The City Council considered a proposed Project zoning ordinance at their duly noticed meeting
on April 5, 2010, and the Applicant requested a revision as to the timing of a condition of the
Project. After City Staff consultation with the State as to timing, control and issuance of a
building permit for the Project, this revised proposed Zoning Ordinance addressing timing of a
condition is presented at a duly noticed public meeting on June 14, 2010 to the City Council,
along with a Staff Report dated June 7, 2010; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this Project approval is based is the office of the
City Clerk.
SECTION I
NOW, THEREFORE, THE CITY COUNCIL FINDS THAT:
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060810-04706083
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ORDINANCE NO. 2010-11
1. The following amenities meet the statement of intent of Section 26.10 of the Gilroy
Zoning Ordinance that PUD zonings have a higher standard of amenities as compared to general
zoning district requirements, and the Applicant has agreed to their insertion as conditions of
approval of the Project, as well as Condition 2 below. (The use of the word "Applicant" hereinafter
shall include any successors in interest of DMA Gilroy Partners, LLC, and/or any Developer of the
Project and/or any Owner of the property.)
The proposed Project with its new health facilities will benefit the general community.
This zoning includes a Community Garden for the residents of the residential first phase
built under Z 00-07, the maintenance of which Garden shall be the continuing responsibility of the
Village Green Skilled Nursing and Ambulatory Nursing facility.
This zoning includes a recreational path and open space, and an easement for a future Class
1 bicycle/pedestrian trail along Hecker Pass Highway (SR 152), and the construction of an Urban
Shared-use Trail consisting of a 12-foot wide paved pathway across the property frontage on Hecker
Pass Highway.
This zoning includes the installation of landscaping on the City-owned corner parcel which
shall be maintained by the Applicant until such time as the proposed bicycle staging area or other
final improvements are constructed and permanent maintenance responsibilities are established.
This zoning includes the installation of replacement plantings within the existing public
right-of-way along the Santa Teresa Blvd. frontage of the Project site and the City-owned parcel.
2. The Applicant shall work with City staff to design and construct modifications to
improve all of the private driveways within the Cottages portion of the existing Village Green
residential community, all at the sole cost and expense of the Applicant, Developer and/or Owner
of Lot 17, Tract 9374. Those driveways are contained in lots 4 through 16 of Tract 9374. The
purpose of the modifications is to eliminate the rolled curbs to improve the ability of those
lLAC\821655.1
060810-04706083
3
ORDINANCE NO. 2010-11
residents to drive in and out of their individual unit driveways and to improve pedestrian safety
of the walkways to their units and to eliminate temporary ramps that have been installed. The
design of these modifications shall be to the satisfaction of the City Engineer. Construction shall
be completed prior to City notification to the Statewide Office of Health Planning and
Development ("OSHPD") transmitting City authorization to issue the building permit for the
project. The Applicant shall not seek repayment for these modifications from the Home
Owners' Association ("HOA") in any manner, nor shall the Applicant cause the dues or fees paid
by the HOA to be increased to cover the costs of these modifications.
After adoption of this Ordinance by the City Council and within the thirty (30) day period
from the date of such adoption until the Ordinance becomes effective, the Applicant, Developer
and/or Owner shall in writing acknowledge and agree to be bound by this condition 2 and the
requirements set forth in condition 1 above. Such an acknowledgement shall constitute
acceptance of the benefits of this entitlement and acquiescence to these zoning conditions within
the meaning of County ofImperial v. McDougal (1977) 19 Ca13d 505 and Pfeiffer v. City of La
Mesa (1977) 69 Cal.App.3d 74.
If the Applicant, Developer and/or Owner files a legal challenge to this Zoning Ordinance
or to these conditions prior to its completion of the improvements described above in Tract 9374,
this Ordinance shall, without further action by the City, become null and void, and the R3-PUD
zoning approved pursuant to Zoning Ordinance No. 2001-03 shall remain in effect, unmodified.
3. The proposed rezoning is consistent with the land use designation ofR3-PUD Medium
Density Residential for the property on the City's General Plan map and with the intent of the
goals and objectives ofthe General Plan.
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4
ORDINANCE NO. 2010-11
4. There is no substantial evidence in the entire record that this Project as mitigated will
cause any new significant environmental impacts.
5. This Project will not be detrimental to the public welfare or injurious to persons or
property in the vicinity.
SECTION II
Zoning application Z 08-02 is hereby approved, based on the above findings and subject to
conditions 1 and 2 above, as well as to the Mitigation Measures set forth in the Mitigated Negative
Declaration and the MitigationIMonitoring Program adopted herewith, all as set forth in Exhibit
"B", attached hereto and incorporated herein by this reference.
SECTION III
If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for
any reason held to be unconstitutional or otherwise void or invalid by any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance and each
section, subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that
anyone or more sections, subsections, subdivisions, sentences, clauses or phrases be declared
unconstitutional.
SECTION IV
This Ordinance shall be in full force and effect thirty (30) days after the date of its
passage and adoption.
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ORDINANCE NO. 2010-11
PASSED AND ADOPTED this 19th day of July, 2010, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
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060810-04706083
ARELLANO, BRACCO, DILLON,
GARTMAN, TUCKER, WOODWARD and
PINHEIRO
NONE
NONE
APPROVED:
6
ORDINANCE NO. 2010-11
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RUGGERI.JENSEN.AZAR
ENGINEERS. PLANNERS. SURVEYORS
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COMMUNITY DEVELOPMENT DEPARTMENT
735 I Rosanna Street, Gilroy, CA 9S020
(408)84&0440 FAX: (408)84&()429
(408) 84&0450 FAX: (408) 848-<M29
(408)84&0430 FAX: (408)846-0429
(Q) 84&0290 FAX: (408)84&0429
Community Development Department
Planning Division (408) 846-0440
REVISED MITIGATED NEGATIVE DECLARATION
City of Gilroy
CommumryD~~~mmt~mmern
7351 Rosanna St.
Gilroy, CA 95020
City File Number: AIS 08.22, Z 08-02
Proiect Description:
Name of Project: Village Green Skilled Nursing Facility
Nature of Project: The proposed project consists of a zone change to remove the restriction
on the parcel that it remains an estate lot, and the subsequent developmmt
of a skilled nursing facility, ambulatory surgery center, and community
garden. The two-story skilled nursing facility would include 120 licensed
beds and would total 54,925 square feet. The one-story ambulatory
surgery center would total 5,300 square feet.
Proiect Location:
Location: The 3.81-acre project site is generally located at the southwest comer of Hecker
Pass Highway (SR 152) and Santa Teresa Boulevard within the City of Gilroy
limits, located in Santa Clara County.
Assessor's Parcel Number: 810-66-012
Entitv or Person(s) llndertakin2 Proiect:
Name: Ciry of Gilroy Community Development Department
Address: 7351 Rosanna Street, Gilroy, CA 95020
Staff Planner: Stan Ketchum, stan.ketchum@ci.gilroy.ca.us
"FI1I'1n Senta to the CommunitY'
Village Green Skilled Nursing Facility
Proposed Mitigated Negative Declaration
2
January 4, 2010
Initial Studv:
An initial study of this project was undertaken and prepared for the purpose of ascertaining
whether this project might have a significant effect on the environment. A copy of this study is
attached.
Findina & Reasons:
The initial study identified potentially significant effects on the environment. However,
mitigations for those effects have been identified (see Mitigation Measures below which avoid or
mitigate the effects) to a point where no significant effects will occur. There is no substantial
evidence the project may have a significant effect on the environment. The following reasons
will support these findings:
)0 The proposed project is well within the City limits, is surrounded by existing or proposed
development, and is located within an area zoned for medium density residential uses.
)0 Identified adverse impacts are proposed to be mitigated.
)0 The proposed project is consistent with the adopted goals and policies of the General Plan
of the City of Gilroy.
)0 City staff independently reviewed the Initial Study, and this Negative Declaration reflects
the independent judgment of the City of Gilroy.
)0 With the application of the following Mitigation Measures the proposed project will not
have any significant impacts on the environment.
)0 The Gilroy Planning Division is the custodian of the documents and other material that
constitute the record of proceedings upon which this decision is based.
Mitiaations
Aesthetics
AES-l. Signs along Hecker Pass Highway (SRI52) shall conform to the following applicable
standards, which are taken from the Hecker Pass Specific Plan and modtfied as applicable
for the proposed project:
1. SIgns should be mrorporated into the architecture whenever possible and are enrouraged
to use historic, agricultural, or rural themes and styles.
2. Signs may only be located on the property for which the sign is intended.
3. Off-site signage and advertising signage are prohibited and off-SIte signage is prohibIted.
4. Slgnage may be illummated externally, but neon and exposed bulbs are not allowed.
Village Green Skilled Nursing Facility
Proposed Mitigated Negative Declaration
3
November 9, 2009
5. SupportIng structures for any sign shall be made of natural or naturalloolcing matenals
and signs may be free standmg, mounted on walls, or mounted on other structures.
6. Freestandmg signs may be a maximum of8 feet tall but may not exceed 15 square feet.
In addition to these requirements, signage VISible from Hecker Pass Highway shall be subject
to the requirements of Semon 5440.1 of the Business and Professions Code (Outdoor
Advertising Act) in order to meet Caltrans requirements for Scenic Highways.
Signage not along Hecker Pass Highway (SRI52) shall be regulated by the City of Gilroy
sign ordinance.
AES-2. All utilities shall be placed underground, as proposed by the applicant in notes 22 and 23 of
the project plans title sheet.
Air Quality
AQ-l. Dunng construction, the following measures shall be implemented at the construction site:
Basic Control Measures
1. Water all active construction areas at least twice daily;
2. Cover alllrucks hauling soil, sand, and other loose materials or require trucks to maintain
at least two feet of freeboard;
3. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers no all unpaved
access roads, parking areas, and staging areas at construction sites;
4. Sweep daily (WIth water sweeper) all paved access roads, parking areas, and stagIng areas
at construction sites;
5. Sweep streets daily (with water sweepers) if VlSlble soil materiallS carried onto adjacent
public streets.
Additional Control Measures
6. Install wheel washers for all eXIting trucks, or wash off the tires or tracks of alllrucks and
equipment leaving the site;
7. Suspend excavation and grading actiVIty when winds (instantaneous gusts) exceed 25 mph
or visible clouds affect sensitive receptors.
AQ-l. During construction, the following measures shall be llDplemented at construction sites:
1. The idling time of all construction equipment shall not exceed five nunutes;
Village Green Skilled Nursing Facility
Proposed Mitigated Negative Declaration
4
November 9, 2009
2. Limits the hours of operation of heavy duty equipment and! or the amount of equipment
in use;
3. All equipment shall be property tuned and mamtained 10 accordance with the
manufacturer's specifications;
4. When feasible, alternative fueled or electrical construction equipment shall be used at the
project site;
5. Use the minimum practical engine size for construction equipment;
6. Gasoline-powered equipment shall be equipped with catalytic converters, where feasible.
AQ-3. If the existing on-site buildmg was constructed prior to 1980, the developer shall consult with
the BAAQMD Enforcement Division prior to commencing demolition and the demolition,
renovation or removal of the asbestos-containing building materials will be subject to the
limitations of DIstrict Regulation 11, Rule 2: Hazardous Matena1s; Asbestos Demolition,
Renovation and Manufacturing.
Cultural Resources
CR.-I. Due to the possibility that SJgnificant buried cultural resources might be found during
construction, the following language shall be included on any permits issued for the project
SIte, subject to the review and approval of the Gihoy Planning Division (pursuant to Gilroy
General Plan Policy 5.07):
If archaeological resources are discovered during construction, work shall be halted within
50 meters (165 feet) of the find until a quahfied professional archaeologist can evaluate It. If
the find is determined to be significant, appropnate mitigation measures shall be formulated
and implemented.
CR-2. In the event of an accidental discovery or recognition of any human remains in any location
other than a dedicated cemetery, the City shall ensure that the language is mcluded in all
permits in accordance with CEQA Guidebnes secnon 15064.5(e), subject to the review and
approval of the City of Gilroy Planning DlVlsion:
If human remains are found during construction there shall be no further excavation or
disturbance of the site or any nearby area reasonably suspected to overlie adjacent human
remains until the coroner of Santa Clara County is contacted to determine that no
investigation of the cause of death is required. If the coroner determmes the remams to be
Native American the coroner shall contact the Native American Heritage Comnnssion
within 24 hours. The Native American Hentage Conmnssion shall identify the person or
persons it believes to be the most likely descendent MLD) from the deceased Native
Village Green Skilled Nursing Facility
Proposed Mitigated Negative Declaration
5
November 9. 2009
American. The MLD may then make recommendations to the landowner or the person
responsible for the excavation work, for means of treating or disposing of. with appropriate
digDlty, the human remams and associated grave goods as provided in Public Resources
Code Section 5097.98. The landowner or his authorized representative shall rebury the
Native Amencan human remains and associated grave goods with appropriate dignity on
the property in a location not subject to further disturbance If: a) the Native Amencan
Heritage Comnnssion is unable to identify a MLD or the MLD failed to make a
recommendation within 24 hours after being notlfied by the commission; b) the descendent
identified fails to make a recommendation; or c) the landowner or Ius authorized
representative rejects the recommendation of the descendent, and the medmtlOn by the
Native American Heritage Commission fails to provide measures acceptable to the
landowner .
GeololY and Soils
G5-l. The prOject developer shall implement the rerommendations of the 1999 Engeo
Geotechnical Exploration report, including the any recommendations for supplemental
exploration. The recommendations and supplemental reports shall be subject to review and
approval by the Gilroy Engineering DivislOn prior to issuance of Grading Permit.
HydrololY and Water Quality
HWQ-I. Prior to issuance of a grading petDl1t, the project developer shall locate the septic
system and have it removed or properly capped in compliance with the requlfements of the
CIty of Gilroy and/or the Santa Clara County Environmental Health Department.
HWQ-2. The project developer shall comply WIth all City of Gilroy and Regional Water
Quality Control Board requrrements for the proper treatment and retention! detention of
storm water. Compbance with these requirements shall be confinned prior to issuance of a
grading permit.
Noise
N-l. The apphcant shall include noise attenuatlon features for the buildings adjacent to Santa
Teresa Boulevard to ensure that the indoor noise level does not exceed 45 dBA. Evidence of
compliance shall be subject to review and approval by the Gilroy Planning Division, prior to
notification of Office of StateWIde Health Planning and Development that all city approvals
have been issued.
N-2. The following language shall be included on any permits issued for the project SIte.
Village Green Skilled Nursing Facility
Proposed Mitigated Negative Declaration
6
November 9, 2009
a. Noise generating constructlon activities shall be limited to weekdays between 7 AM and 7
PM and to Saturdays and City hohdays between 9 AM and 7 PM. No construction is
allowed on Sundays;
b. All internal combusnon engine-driven equipment shall be equipped WIth muftlers that are
in good condition and appropriate for the eqUlpment; and
c. Stationary noise-generating eqUIpment shall be located as far as possible from the adjacent
residences.
N-3. The developer shall ensure that the rooftop HVAC equipment will not result in unacceptable
noise levels at the adjacent residences. Acceptable noise levels are identrlied in Figure 8-3 of
the General Plan. Documentation shall be provuled to the Gilroy Planning Division, prior to
notificanon of Office of Statewide Health Planning and Development that all city approvals
have been issued.c
Date Prepared: November 9, 2009
End of Review Period: December 17, 2009
~~~
Stan Ketchum
Senior Planner
Stan.ketchum@ci.gilroy.ca.us
Village Green Sldlled Nursing Facility
A/S 08-22, Z 08-02
Mitigation Monitoring Program
Introduction
CEQA Guidelines section 15097 requires public agencies to adopt reporting or
monitoring programs when they approve projects subject to an environmental impact
report or a negative declaration that includes mitigation measures to avoid significant
adverse environmental effects. The reporting or monitoring program is to be designed to
ensure compliance with conditions of project approval during project implementation in
order to avoid significant adverse environmental effects.
The law was passed in response to historic non-implementation of mitigation measures
presented in environmental documents and subsequently adopted as conditions of
project approval. In addition, monitoring ensures that mitigation measures are
implemented and thereby provides a mechanism to evaluate the effectiveness of the
mitigation measures.
A definitive set of project conditions would include enough detailed information and
enforcement procedures to ensure the measure's compliance. This monitoring program is
designed to provide a mechanism to ensure that mitigation measures and subsequent
conditions of project approval are implemented.
Monitoring Program
The basis for this monitoring program is the mitigation measures included in the project
mitigated negative declaration. These mitigation measures are designed to eliminate or
reduce significant adverse environmental effects to less than significant levels. These
mitigation measures become conditions of project approval, which the project proponent
is required to complete during and after implementation of the proposed project.
The attached checklist is proposed for monitoring the implementation of the mitigation
measures. This monitoring checklist contains all appropriate mitigation measures in the
mitigated negative declaration.
Monitoring Program Procedures
The City of Gilroy shall use the attached monitoring checklist for the proposed project.
The monitoring program should be implemented as 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
City of Gilroy
Villal16 Green Skilled Nursing Facility
Mitigation Monitoring Prooram
monitoring checklist and distnbuting the checklist to the responsible individuals
or agencies for their use in monitoring the mitigation measures.
2. Each responsible individual or agency will then be responsible for determining
whether the mitigation measures contained in the monitoring checklist have been
complied with. Once all mitigation measures have been complied with, the
responsible individual or agency should submit a copy of the monitoring checklist
to the Community Development Department to be placed in the project file. If
the mitigation measure has not been complied with, the monitoring checklist
should not be returned to the Community Development Department.
3. The Gilroy Community Development Department will review the checklist to
ensure that appropriate mitigation measures and additional conditions of project
approval included in the monitoring checklist have been complied with at the
appropriate time, e.g. prior to issuance of a use permit, etc. Compliance with
mitigation measures is required for project approvals.
4. If a responsible individual or agency determines that a non-compliance has
occurred, a written notice should be delivered by certified mail to the project
proponent within 10 days, with a copy to the Community Development
Department, describing the non-compliance and requiring compliance within a
specified period of time. If non-compliance still exists at the expiration of the
specified period of time, construction may be halted and fines may be imposed at
the discretion of the City of Gilroy.
2 City of Gilroy
Village Green Sldlled Nursing Facility AlS 08-22, Z 08-02
Mitigation Monitoring Checklist
Step 1. Prior to approval of the gading pennit, the following mitigation measures
shall be included on the grading plans: .
Mitigation Measure AQ-1
During construction, the following measures shall be implemented at the
construction site:
Basic Control Measures
1. Water all active construction areas at least twice daily;
2. Cover all trucks hauling soil, sand, and other loose materials or require
trucks to maintain at least two feet of freeboard;
3. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers no
all unpaved access roads, parking areas, and staging areas at construction
sites;
4. Sweep daily (with water sweeper) all paved access roads, parking areas,
and staging areas at construction sites;
5. Sweep streets daily (with water sweepers) ifvisible soil material is carried
onto adjacent public streets.
Additional Control Measures
6. Install wheel washers for all exiting trucks, or wash off the tires or tracks of
all trucks and equipment leaving the site;
7. Suspend excavation and grading activity when winds (instantaneous gusts)
exceed 25 mph or visible clouds affect sensitive receptors.
Party Responsible for Implementation: Applicant
Party Responsible for Moniton'ng: Gilroy Planning Division
Mitigation Measure AQ..2
During construction, the following measures shall be implemented at
construction sites:
1. The idling time of all construction equipment shall not exceed five minutes;
2. Limits the hours of operation of heavy duty equipment and/or the amount
of equipment in use;
r./tv nf rolrov
1
Village GrHn Skilled Nursing Facility
Mitigation Monitoring Checklist
3. All equipment shall be property tuned and maintained in accordance with
the manufacturer's specifications;
4. When feasible, alternative fueled or electrical construction equipment shall
be used at the project site;
5 . Use the minimum practical engine size for construction equipment;
6. Gasoline-powered equipment shall be equipped with catalytic converters.
where feasible.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure AQ-3
If the existing on-site building was constructed prior to 1980, the developer
shall consult with the BAAQMD Enforcement Division prior to
commencing demolition and the demolition, renovation or removal of the
asbestos-containing building materials will be subject to the limitations of
District Regulation II, Rule 2: Hazardous Materials; Asbestos Demolition.
Renovation and Manufacturing.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measve CR-l
Due to the possibility that significant buried cultural resources might be found
during construction, the following language shall be included on any permits
issued for the project site, subject to the review and approval of the Gilroy
Planning Division (pursuant to Gilroy General Plan Policy 5.07):
If archaeological resources are discovered during construction, work shall be
halted within 50 meters (165 feet) of the find until a qualified professional
archaeologist can evaluate it. If the find is determined to be significant,
appropriate mitigation measures shall be fonnulated and implemented.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
City of Gilroy
2
Vills!l6 Green Skilled Nursing Fscillty
Mitigation Monitoring Check/1st
Mitigation Meanre CR-2
In the event of an accidental discovery or recognition of any human remains
in any location other than a dedicated cemetery, the City shall ensure that the
language is included in all permits in accordance with CEQA Guidelines
section 150M.5(e), subject to the review and approval of the City of Gilroy
Planning Division:
Ifhuman remains are found during construction there shall be no further
excavation or distwbance 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 dignity on the
property in a location not subject to further disturbance if: a) the Native
American Heritage Commission is unable to identify a MLD or the MLD
failed to make a recommendation within 24 hours after being notified by the
commission; b) the descendent identified fails to make a recommendation; or
c) the landowner or his authorized representative rejects the recommendation
of the descendent, and the mediation by the Native American Heritage
Commission fails to provide measures acceptable to the landowner.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure GS..1
The project developer shall implement the recommendations of the 1999
Engeo Geotechnical Exploration report, including the any recommendations
for supplemental exploration. The recommendations and supplemental
reports shall be subject to review and approval by the Gilroy Engineering
Division prior to issuance of Grading Permit.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Engineering Division
City of Gilroy
3
Village Green SkiHed Nursing Facility
MItigation Monitoring Checklist
Mitigation Measure HWQ-1
Prior to issuance of a grading permit, the project developer shall locate the
septic system and have it removed or properly capped in compliance with the
requirements of the City of Gilroy and/or the Santa Clara County
Environmental Health Department.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure HWQ-2
The project developer shall comply with all City of Gilroy and Regional
Water Quality Control Board requirements for the proper treatment and
retention/detention of storm water. Compliance with these requirements shall
be confirmed prior to issuance of a grading permit.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure N.2
The following language shall be included on any permits issued for the project
site.
a. Noise generating construction activities shall be limited to weekdays
between 7 AM and 7 PM and to Saturdays and City holidays between 9 AM
and 7 PM. No construction is allowed on Sundays;
b. All internal combustion engine-driven equipment shall be equipped with
mufflers that are in good condition and appropriate for the equipment; and
c. Stationary noise-generating equipment shall be located as far as possible
from the adjacent residences.
Party Responsible jOr Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
City of Gilroy
4
Village Green SkiHed Nursing Facility
Mitigation Monitoring Checklist
Step 2. Prior to the issuance of a building permit, the following mitigation measures
shall be included in the building plans:
Mitigation Measure AES-1
Signs along Hecker Pass Highway (SRI52) shall conform to the following
applicable standards, which are taken from the Hecker Pass Specific Plan and
modified as applicable for the proposed project:
1. Signs should be incorporated into the architecture whenever possible and
are encouraged to use historic, agricultural. or rural themes and styles.
2. Signs may only be located on the property for which the sign is intended.
3. Off-site signage and advertising signage are prohibited and off-site signage
is prohibited.
4. Signage maybe illuminated externally, but neon and exposed bulbs are not
allowed.
5. Supporting structures for any sign shall be made of natural or natural
looking materials and signs may be free standing, mounted on walls, or
mounted on other structures.
6. Freestanding signs may be a maximum of8 feet tall but may not exceed 15
square feet.
In addition to these requirements,signage visible from Hecker Pass Highway
shall be subject to the requirements of Section 5440.1 of the Business and
Professions Code (Outdoor Advertising Act) in order to meet Caltrans
requirements for Scenic Highways.
Signage not along Hecker Pass Highway (SRI52) shall be regulated by the
City of Gilroy sign ordinance.
PaTty Responsible for Implementation: Applicant
Pm-ty Responsible for Monitoring: Gilroy Planning Division
City ot Gilrov
5
Village Green Skilled Nursing Facility
Mitigation Monitoring Checklist
Mitigation Measure N-1
The applicant shall include noise attenuation features for the buildings
adjacent to Santa Teresa Boulevard to ensure that the indoor noise level does
not exceed 45 dBA. Evidence of compliance shall be subject to review and
approval by the Gilroy Planning Division, prior to notification of Office of
Statewide Health Planning and Development that all city approvals have been
issued.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Mitigation Measure N-3
The developer shall ensure that the rooftop HV AC equipment will not result
in unacceptable noise levels at the adjacent residences. Acceptable noise levels
are identified in Figure 8-3 of the General Plan. Documentation shall be
provided to the Gilroy Planning Division, prior to notification of Office of
Statewide Health Planning and Development that all city approvals have been
issued.
Party Responsible for Implementation: Applicant
PaTty Responsible for Monitoring: Gilroy Planning Division
Step 3. Prior to the issuance of an occupancy permit, the following mitigation
measures shall be address:
Mitigation Measure AES-2
All utilities shall be placed underground, as proposed by the applicant in notes
22 and 23 of the project plans tide sheet.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
City of Gilroy
6
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2010-11 is an original ordinance, or 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 19th day of July, 2010, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 220d day of July, 2010.
Shawna Freels, CM
City Clerk of the City of Gilroy
(Seal)