Ordinance 2014-02ORDINANCE NO. 2014-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING APPLICATION Z 13 -01 FOR A
CHANGE IN ZONING DESIGNATION FROM Al
(AGRICULTURE) TO Rl/PUD , (SINGLE FAMILY
RESEDENTL41JPLANNED NIT DEVELOPMENT) OPMEN N
APPROXIMATELY 53 ACRES LOCATED AT THE
TERMINUS OF BABBS CREEK DRIVE, WEST OF
STARLING DRIVE, APN 808- 20 -001, THE JAMES GROUP
WHEREAS, applicant The James Group submitted application Z 13 -01 to change the
zoning designation on property identified as APN 808 -20 -001 from Al (Agriculture) to Rl/PUD
(Single Family Residential/Planned Unit Development) located on approximately 5.31 acres at
the Terminus of Babbs Creek Drive, West of Starling Drive ( "the Project "); and
WHEREAS, the Planning Commission held a duly noticed public hearing on December
5, 2013, at which time the Planning Commission considered the public testimony, the staff report
dated December 5, 2013 ( "Staff Report"), the Mitigated Negative Declaration ( "MND ") and all
other documentation related to application Z 13 -01, and recommended that the City Council
adopt the MND and approve said application; and
WHEREAS, on January 6, 2014, the City Council held a duly noticed public hearing, at
which time the Council considered the public testimony, the Staff Report, a Supplemental Staff
report dated January 6, 2014, the MND and all other documentation related to Z 13 -01, and in
compliance with the California Environmental Quality Act ( "CEQA "), the City Council found
that on the basis of the entire record there is no substantial evidence that the Project will have a
significant effect on the environment as mitigated, and that the MND reflects the independent
judgment and analysis of the City, and adopted the MND; and
WHEREAS, the City Council held a duly noticed public meeting on January 27, 2014, at
which time the City Council considered the entire record for Z 13 -01; and
4829- 3668 -14950 1 ORDINANCE NO. 2014 -02
MVAKHARIA104706098
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:
SECTION I
1. The proposed rezoning is consistent with the intent of the goals and policies of the
City's General Plan, and with the intent of the land use designation on the General
Plan Land Use Map.
2. There is no substantial evidence in the entire record that the Project will have any
significant effects on the environment as mitigated that were not analyzed and
reviewed and considered in the MND.
3. The approval of Z 13 -01 will not be detrimental to the public welfare or injurious to
persons or property in the vicinity.
SECTION II
In compliance with the California Environmental Quality Act ( "CEQA "), a Mitigation
Monitoring Program to insure compliance with the mitigation measures for the Project is set
forth in Exhibit A attached hereto and hereby adopted by the City Council.
SECTION III
Based on the above findings, zoning application Z 13 -01 is hereby approved, subject to the
Mitigation Measures described in the Mitigated Negative Declaration and the Mitigation
Monitoring Program attached hereto and incorporated herein by this reference.
4829- 3668 -14950 2 ORDINANCE NO. 2014 -02
MVAKWIA104706098
SECTION IV
Pursuant to Gilroy City Charter section 608, this Ordinance shall be in full force and
effect thirty (30) days from and after its passage and adoption.
ATTE
PASSED AND ADOPTED this 3`d day of February, 2014, by the following roll call vote:
AYES: COUNCILMEMBERS: AULMAN, BRACCO, LEROE- MUNOZ,
TUCKER, WOODWARD and GAGE
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
Freels, City Clerk
NONE
ARELLANO
•
4.
0 nald Gage, Mayor I /
4829- 3668 -14950 3 ORDINANCE NO. 2014 -02
MVAKHARIA104706098
Masoni III Subdivision Pro ject
Mitigation Monitoring and Reporting Program (MMRP)
Introduction
CEQA Guidelines Section 15097 requires public agencies to adopt reporting or
monitoring programs whenever they approve projects subject to an environmental
impact report or mitigated 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.
This 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 effectiveness of the
mitigation measures.
A definitive set of project conditions would include enough detailed information and
enforcement procedures to ensure the measures compliance. This monitoring program is
designed to provide a mechanism to ensure that mitigation measures and subsequent
conditions of project approval are implemented.
Monitoring and Reporting Program
The basis for this monitoring and reporting 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 City of Gilroy Community Development Department should be responsible
for coordination of the monitoring program, including the monitoring checklist.
Mosoni 111 Subdivision
MMRP
1
City of Gilroy
December 2013
The Community Development Department should be responsible for completing
the monitoring checklist and distributing the checklist to the responsible
individuals or agencies for 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 City of 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 determined that non - compliance has
occurred, a written notice should be delivered by certified mail to the project
proponent within ten 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
December 2013
F,
Mosoni I// Subdivision
MMRP
Masoni IN Subdivision Project
Mitigation Monitoring and Reporting Checklist
The following mitigation measures shall be implemented prior to issuance of
architectural and site approval:
MM 1 -1 The Architectural and Site Approval plans shall include a detailed
landscaping plan (individually or as part of the Design Review submittal)
that identifies setbacks, landscaping, and design features (including
lighting) that are appropriate to preserve and enhance the visual
appearance of Santa Teresa Boulevard and demonstrates compliance with
the City's landscape and design requirements (including General Plan
Policies 26.04 and 26.05, Action Item 1.H, the Consolidated Landscaping
Policy) and the State Scenic Highway Standards). Plans shall identify
materials and design features that are consistent with, and "blend in" with,
the features currently developed at the gateway entrance along Santa
Teresa Boulevard. Any necessary sound attenuation features shall be no
higher than 7 feet and require landscaping consistent with the
Consolidated Landscaping Policy.
Party responsible for implementation: Applicant
Party responsible for monitoring: City of Gilroy Planning Division
The following mitigation measures shall be implemented prior to issuance of a
demolition permit:
MM 4 -3 Prior to demolition activities, the project applicant shall retain a qualified
biologist to conduct surveys for the presence of bat species. Any
structures being used by bats will not be removed until it has been
determined that bats are no longer using the site or until demolition can
be carried out without harming any bats.
Party responsible for implementation: Applicant, Qualified Biologist
Party responsible for monitoring: City of Gilroy Planning Division
The following mitigation measures shall be implemented prior to issuance of a grading
permit:
MM 3 -1 Prior to the issuance of grading or building permits, the City of Gilroy shall
ensure that the BAAQMD's basic construction mitigation measures from
Table 8 -1 of the BAAQMD CEQA Guidelines are noted on the construction
documents. These basic construction mitigation measures include the
following:
Masoni 111 Subdivision
MMRP
3
City of Gilroy
December 2013
1. All exposed surfaces (e.g., parking areas, staging areas, soil piles,
graded areas, and unpaved access roads) shall be watered two times
per day.
2. All haul trucks transporting soil, sand, or other loose material off -site
shall be covered.
3. All visible mud or dirt track -out onto adjacent public roads shall be
removed using wet power vacuum street sweepers at least once per
day. The use of dry power sweeping is prohibited.
4. All vehicle speeds on unpaved roads shall be limited to 15 miles per
hour (mph).
5. All roadways, driveways, and sidewalks to be paved shall be
completed as soon as possible. Building pads shall be laid as soon as
possible after grading unless seeding or soil binders are used.
6. All construction equipment shall be maintained and properly tuned in
accordance with manufacturers' specifications. All equipment shall be
checked by a certified mechanic and determined to be running in
proper condition prior to operation.
7. A publicly visible sign shall be posted with the telephone number and
person to contact at the lead agency regarding dust complaints. This
person shall respond and take corrective action within 48 hours. The
Air District's phone number shall also be visible to ensure compliance
with applicable regulations.
Party responsible for implementation: Applicant
Party responsible for monitoring: City of Gilroy Building Division
MM 3 -2 The project applicant shall implement the following measures in order to
reduce the emissions of toxic pollutants generated by heavy -duty diesel -
powered equipment during construction. 1. Keep all construction
equipment in proper tune in accordance with manufacturers'
specifications.
City of Gilroy
December 2013
2. Use late -model heavy -duty diesel - powered equipment during
construction to the extent that it is readily available in the San Francisco
Bay Area. 3. Use diesel - powered equipment that has been retrofitted with
after - treatment products (e.g., engine catalysts) to the extent that it is
readily available in the San Francisco Bay Area.
4. Use low- emission diesel fuel for all heavy -duty diesel - powered
equipment operating and refueling at construction sites to the extent that
it is readily available and cost effective in the San Francisco Bay Area. (This
requirement does not apply to diesel - powered trucks traveling to and
from the site.) 5. Utilize alternative -fuel construction equipment (i.e.,
4
Mosoni Ill Subdivision
MMRP
compressed natural gas, liquid petroleum gas, and unleaded gasoline) to
the extent that it is readily available and cost effective in the San Francisco
Bay Area. 6. Limit truck and equipment idling time to 2 minutes or less.
Clear signage shall be provided for construction workers at all access
points. 7. Rely on the electricity infrastructure surrounding the
construction site rather than electrical generators powered by internal
combustion engines to the extent feasible. Party responsible for
implementation: Applicant Party responsible for monitoring: City of Gilroy
Building Division
MM 4 -1 Prior to issuance of a grading permit for any vegetation removal or
ground- disturbing activities, the project applicant shall meet all of the
applicable avoidance and minimization measures of the Santa Clara
Valley Habitat Plan, submit plan- required mitigation fees, and receive a
Habitat Plan Permit from the City of Gilroy. If all required mitigation
measures can be accomplished, no other mitigation is required.
Party responsible for implementation: Applicant
Party responsible for monitoring: City of Gilroy Planning Division
MM 4 -2 If clearing and /or construction activities will occur during the migratory
bird nesting season (April 15— August 15) or raptor nesting season
(January 15- August 15), the project applicant shall retain a qualified
biologist to conduct preconstruction surveys to identify active nests within
14 days of construction initiation. Focused surveys must be performed by
a qualified biologist for the purposes of determining presence /absence of
active nest sites within the proposed impact area, including construction
access routes.
If active migratory bird nest sites are identified within 200 feet of project
activities or active raptor bird nest sites are identified within 500 feet of
project activities, the project applicant shall impose a limited operating
period (LOP) for all active nest sites prior to commencement of any
project construction activities to avoid construction- or access - related
disturbances to migratory bird nesting activities. An LOP constitutes a
period during which project- related activities (i.e., vegetation removal,
earth moving, and construction) will not occur and will be imposed within
250 feet of any active nest sites until the nest is deemed inactive. Activities
permitted within and the size (i.e., 250 feet) of LOPS may be adjusted
through consultation with the CDFW and /or the City.
Party responsible for implementation: Applicant, Qualified Biologist
Party responsible for monitoring: City of Gilroy Planning Division
Masoni /// Subdivision
MMRP
5
City of Gilroy
December 2013
MM 5 -1 Due to the possibility that significant buried archaeological and /or
paleontological resources might be found during construction, the
following language shall be included on any permits issued for the project
site, including, but not limited to, building permits for future
development, subject to the review and approval of the City of Gilroy
Planning Division.
If archeological and /or paleontological resources or human remains are
discovered during construction, work shall be halted within 50 meters
(165 feet) of the find until a qualified professional archeologist can
evaluate it If the find is determined to be significant, appropriate
mitigation measures shall be formulated and implemented (General
Plan Policy 5.07).
Party responsible for implementation: Applicant, Contractor
Party responsible for monitoring: City of Gilroy Planning Division
MM 5 -2 Prior to issuance of a building and /or grading permit, the City shall ensure
that language is included in all permits in accordance with CEQA
Guidelines Section 15065.5(e), subject to the review and approval of the
City of Gilroy Planning Department:
City of Gilroy
December 2013
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 descendant (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 for in Public Resources Code
Section 509798. 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
R
Masoni IR Subdivision
MMRP
the Native American Heritage Commission fails to provide measures
acceptable to the landowner.
Party responsible for implementation: Applicant, Contractor
Party responsible for monitoring: City of Gilroy Planning Division
MM 6 -1 Prior to issuance of a grading permit, the final construction plans shall be
designed in accordance with the recommendations of the Geotechnica)
Engineering Report prepared by Earth Systems Pacific in April 2013
(Appendix D). These recommendations include, but are not limited to,
designing the project in accordance with the seismic design parameters
per Chapter 16 of the California Building Code (2010 Edition).
Parry responsible for implementation: Applicant
Parry responsible for monitoring: City of Gilroy Building Division
MM 7 -1 Prior to issuance of grading or building permits, the project applicant shall
specify on the final project plans implementation of BAAQMD-
recommended construction- related measures to reduce greenhouse gas
(GHG) emissions during construction activities. These measures include, as
feasible:
1. Use alternative - fueled (i.e., biodiesel, electric) construction vehicles
and equipment to the maximum extent possible.
2. Use local construction materials (within 100 miles) to the maximum
extent possible.
Party responsible for implementation: Applicant
Party responsible for monitoring: City of Gilroy Planning Division
Masoni 111 Subdivision
MMRP
7
City of Gilroy
December 2013
The following mitigation measures shall be implemented prior to issuance of a building
permit.
MM 12 -1a Incorporate a sound barrier along the rear -yard areas Lots #1, #2, and #5
as shown in Figure 6. The barrier shall extend along the western
boundary of Lot #1 a minimum distance of 50 feet from the southern
property line. The sound barrier should be constructed to. a minimum
height of 6 feet above the proposed residential pad elevation, but not
exceed 7 feet. The sound barrier shall be constructed of masonry block,
wood, or material of similar density and usage, with no visible air gaps
along the barrier alignment or at the base of the barrier. Materials
selected shall meet a minimum combined surface weight of 2.5 pounds
per square foot. If wood barriers are used construction techniques shall be
employed to prevent future air gaps from occurring due to weathering
and material shrinkage. Such methods may include the use of overlapping
panels, board and batten, or tongue- and -grove techniques. To minimize
aesthetic impacts, the sound barrier shall be constructed of an earthen
berm /wall combination and include landscape to buffer and screen the
wall and protect it against potential graffiti, consistent with the City of
Gilroy's Consolidated Landscaping Ordinance.
Parry responsible for implementation: Applicant, Contractor
Party responsible for monitoring: City of Gilroy Planning Division
MM 12 -1b Prior to final plan approval, the City shall require that the project applicant
incorporate into the project design installation of mechanical ventilation
or central heating, air conditioning, and ventilation (HVAC) systems.
City of Gilroy
December 2013
Party responsible for implementation: Applicant
Parry responsible for monitoring: City of Gilroy Planning Division
n
Mosoni Ill Subdivision
MMRP
0
U)
v-
4
G'
r0
� n
N.)
1—
= = is ,.. = a, Iw ,r.. i.rr
Not to Scale a
N
Figure 6
Sound Barrier Locations
Babbs Creek
"
—_ ------ ------ --- - - ----
-
Bobbs Creek Drive
.
23-
�,
i •�
4 9 -- 12 Q' 22
CO
id
58 - #••• 5 Jar 8 13 �I'I 21
sL' 61 *. I 7 14 I 20
0+
••••,6 15 19
in
f
r -
o °tO
TP, •• 6
,2 - ••- •
Receptor Locations I Noise Level (L,,,) without Proposed Sound Barrier
Recommended Sound Barrier- Minimum Heiqht 6 Feet Noise Level iL,.,,,i with Proposed Sound Barrier
..... Predicted 60 dBA Lj, Traffic Noise Contour
Noise Impact Assessment AMBIENT Air Quality & Noise Consulting
Mosoni III Subdivision Project. Gilroy, CA 10 September 2013
Not to Scale a
N
Figure 6
Sound Barrier Locations
The following mitigation measures shall be implemented during construction.
MM 3 -2 The project applicant shall implement the following measures in order to
reduce the emissions of toxic pollutants generated by heavy -duty diesel -
powered equipment during construction.
1. Keep all construction equipment in proper tune in accordance with
manufacturers' specifications.
City of Gilroy
December 2013
2. Use late -model heavy -duty diesel - powered equipment during
construction to the extent that it is readily available in the San
Francisco Bay Area.
3. Use diesel - powered equipment that has been retrofitted with after -
treatment products (e.g., engine catalysts) to the extent that it is
readily available in the San Francisco Bay Area.
4. Use low- emission diesel fuel for all heavy -duty diesel - powered
equipment operating and refueling at construction sites to the extent
that it is readily available and cost effective in the San Francisco Bay
Area. (This requirement does not apply to diesel - powered trucks
traveling to and from the site.)
5. Utilize alternative -fuel construction equipment (i.e., compressed
natural gas, liquid petroleum gas, and unleaded gasoline) to the
extent that it is readily available and cost effective in the San Francisco
Bay Area.
6. Limit truck and equipment idling time to 2 minutes or less. Clear
signage shall be provided for construction workers at all access points.
7. Rely on the electricity infrastructure surrounding the construction site
rather than electrical generators powered by internal combustion
engines to the extent feasible.
Party responsible for implementation: Applicant
Party responsible for monitoring: City of Gilroy Building Division
10
Mosoni 111 Subdivision
MMRP
Ga
w
• MASONI III SUBDIVISION
INITIAL STUDY AND
MITIGATED NEGATIVE DECLARATION
• Prepared for:
CITY OF Gum
7351 Rosanna Street
Gilroy, CA 95020
Item VIII.S.
Prepared by:
Ipmce
OCrOBet 2013
INITIAL STUDY AND
MITIGATED NEGATIVE DECLARATION
FOR
MASON1 III SUBDIVISION
Prepared for
CITY OF GILROY
7351 Rosanna Street
Gilroy, CA 95020
Contact: Stan Ketchum, Senior Planner
Telephone: (408) 846 -0451
Email: Stan.Ketchumed.gilroy.ca.us
Prepared by:
PMC
60 Garden Court, Suite 230
Monterey, CA 93940
Contact: Tad Steam
Telephone: (831) 383 -7974
Email: tsteam@pmcworld.com
October 2013
Item VII1.B.
/401"1-
0
0
w
!01N
NOTICE OF INTENT/
MITIGATED NEGATIVE DECLARATION
Item Vill.B.
City of Gilroy
NOTICE OF INTENT
to Adopt a Mitigated Negative Declaration
as related to the
Masoni III Subdivision, Zoning Amendment, Tentative Map, and Architecture and
Site Approval
NOTICE IS HEREBY GIVEN THAT the City of Gilroy is the Lead Agency and has prepared a
Mitigated Negative Declaration for the project identified below. A copy of this document is
available for review at City Hail, 7351 Rosanna Street, Gilroy, CA 95020 and can also be
obtained by contacting the City of Gilroy Planning Department at (408) 846 4440. Became
of the time limits mandated by State law, your response must be sent at the earliest possible
date, but no later than thirty (30) days from the October 25, 2013 published date of this
notice. 0001\
Please submit your response to Stan Ketchum, Senior Planner, 7351 Rosanna Street, Gilroy,
CA 95020 or stan.ketchum@d.gilroy ca.us by November 2S, 2013 at 5:00 PM.
Project Title: Masoni III Subdivision, Zoning Amendment, Tentative Map, and Architecture
and Site Approval
Project Applicant James Suner, The James Group
Project Description: The proposed project includes a Zoning Aneidment, Tentative Map
and Architecture and She Approval to subdivide one pared totaling 5.31 acres (APN BOB.
20-001) to create a low-density residential planned unit development (PUD). According to
the Tentative Map, the project would consist of 23 single-family residential lots on 2.37
acres, 1.75 acres dedicated to open space (Gabbs Creek at 135 acres, with a dedicated park
of 0.37 acres), 015 aces de&ated as drainage, and 1.02 acres of street right-of-way (0.64
for Babbs Credo Drive and (X38 acres of private drives). The 23 residential lots would range
from 4,200 to 6,251 square feet. The project would extend Babbs Creek Drive to access the
project site. Two private drives would provide access to the lots from the extended Babbs
Creek Drive.
Project Location- The project site is located in the southwestern portion of the City of
Gilroy, in south Santa Clara County. Gilroy is approximately 32 miles south of the City of
San lose and approximately 78 miles south of the City of San Francisco. The project site is
located at the end of Babbs Creek Drive, which is located in the vicinity of the Thomas
RoadlSanta Teresa Boulevard intersection.
Hazardous Waste and Sullstatim Pnusuant to Public Resources Code Section 15072MM
and California Government Code Section 65962.5, no presence of hazardous waste or
Substances as contained on the lists compiled pursuant to Section 659625 of the
Government Code is known to exist on the project site
STAN KETCHUM DATED: OCTOBER 25.2013
SENIOR PLANNER PUBLISHED: OCTOBER 25t 2013
Item VIII.B.
City of Gilroy
7351 Rosanna Street, Gilroy, CA 95020
(408) 846 -0566
,MITIGATED NEGATIVE DECLARATION
PROJECT DESCRIPTION
Name of Project: Masoni III Subdivision
Nature of Project: Zoning Change, Tentative neap, : ,rchit�c;ue Review, and Site
Reviev. -
The proposed project includes a Zoning Change, Tentative ,'tap, and .I rchitecture and Site Review
to subdivide one parcel totaling 5.31 acres (.LPN 808 -20 -001) to create gloss- densih residential
planned unit development (PLD). According to the Tentative Map, the project .would consist of 23
sin;l: family residential I•ots on 2.37 acres, 1.,'•5 acres dedicated to open space (Babbs Creek at
t.38 acres, with a private part of 0.37 acres), 0.15 acres dedicated as drainage, and 1.02 acres of
street right -of -way (0.64 for Babbs Creek Drive and 0.38 acres of private drives). The 23 residential
lot sizes would range from 4,200 to 6,251 square feet. The project would extend Babbs Creek
Drive to access the project site. Two private drives would provide access to the lots from the
extended Babbs Creek Drive
PROJECT LOC- tION
Location: 930 Babbs Creel: Drive
Assessor's Parcel Number: 80 '3-20 -001
ENTm OR P_ :SOS: UNDERTAK:\G PROi:Ci
Name: James 5uner, The James Group
Address: 2950 Soma Way, Gilroy, CA 95020
INITL-XL STUDY
An Initial Study of this project was undertaken and Prepared for the purpose of determining if the
project may have a significant effect on the environment. A copy of this study is on rile at the City
of Gilroy Planning Department, 7351 Rosanna Street, Gilroy, CA 95020.
h lasoni l!! Subdivision
Mitigated Negatn•e Declaration
Item VIII.B.
Cily Of ciiroy
October -? 013
FINDINGS AND 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 effete to a point
where no significant effects will occur. There is no substantial evidence that the project may have a
significant effect on the environment. The following reasons will support these findings:
1. The proposal is a logical component of the existing land use pattern of this area.
2. Identified adverse impacts are proposed to be mitigated through preparation of special
studies and construction of ofWte 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 Sturdy, and this Mitigated Negative Declaration
reflects the independent judgment of the City of Gilroy.
S. With the application of the following mitigation measures, the proposed project will not
have any significant impacts on the environment.
mnZATION MEASURES
AESTHMCS
MM 1 -1 The Architectural and Site Approval plans shall include a detailed landscaping plan
(individually or as part of the Design Review submittA that identifies setbacks,
landscaping, and design features (including lighting) that are appropriate to preserve
and enhance the visual appearance of Santa Teresa Boulevard and demonstraees
compliance with the CitYs handscape and design requirements (inducting General
Plan Policies 26.04 and 26.05, Action Item 1.H, the Consolidated Landscaping
Policy) and the State Scenic Highway Standards). Plans shall identify materials and
design features that are consistent with, and 'blend In" with, the features currently
developed at the gateway entrance along Santa Teresa Boulevard. Any necessary
sound attenuation features shall be.no higher than 7 feet and require landscaping
consistent with the Consolidated Landscaping Policy.
Party responsible for implementation: Applicant
Party responsible for monhorii : City of Gilroy Planning Division
AIR QUALITY
MM 3-1 Prior to the issuance of grading or building permits, the City of Gilroy shall ensue
that the SAAQMD's basic construction mitigation measures from Table 8-1 of the
BAAQMD CEQA Guidelines are noted on the construction documents. These basic
construction mitigation measures include the following:
1. All exposed surfaces (e g.. parking areas, staging areas; soil piles, graded seals,
and unpaved access roads) shall be watered two times per day.
2. All haul trucks transporting soil, sand, or other loose material off site shall be
covered.
3. All visible mud or dirt track -out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of dry
power sweeping is prohibited
City of Gilroy Masoni III Subdivision
Ocdober 2013 Mitigated Negative Declaration
Item VIII.B.
/°4%
/Olill)
>'o'114\
4. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour
(mph).
5. All roadways, driveways, and sidewalks to be paved shall be completed as soon
as possible. Building pads shall be laid as soon as possible after grading unless
seeding or soil binders are used.
6. All construction equipment shall be maintained and properly tuned in
accordance with manufacturers' specifications. All equipment shall be checked
by a certified mechanic and determined to be running in proper condition prior
to operation.
T. A'publicly visible sign shall be pasted with the telephone number and person to
contact at the lead agency regarding dust complaints. This person shall Mspond
and take corrective action within 48 hou m The Air District's phone number
shall also be visible to ensure compliance with applicable regulations.
Party responsible for implementation: Applicant .
Party responsible for monitoring: City of Gilroy Building Division
MM 3-2 The project applicant shall implement the following measures in order to reduce the
emissions of toxic pollutants generated by heavy -duty diesel- powered equipment
during construction.
7. Keep all construction equipment in proper tune in accordance with
manufacturers' specifications.
2 Use lace model heavy -duty diesel powered equipment during construction to
the extent that it is readily available in the San Francisco Bay Area.
3. Use diesel-powered equipment that has been retrofitted with after - treatment
Products (eg., engine catalysts) to the extent that it is readily available in the San
Francisco Bay Area.
4. Use low-emission diesel fuel for all hemp duty diesel - powered equipment
operating and refueling at construction sites to the extent that it is readily
available and cost effective in the San Francisco Bay Area. (This requirement
does not apply to diesel - powered trucks traveling to and from the site.)
-5. Utilize alternativefuel construction equipment (i.e., compressed natural gas,
liquid Petroleum gas, and unleaded .gasollne) to the extent that it is readily
available and cost effective in the San Francisco Bay Area.
6. limit truck and equipment icing time to 2 minutes or less. Clear siqu shall
be provided for construction workers at all access points.
7. Rely on the electricity infrastructure surrounding the construction site rather .
than electrical generators powered by internal combustion engines to the extent
feasible.
Party responsible for implementation: Applicant
Party responsible for monitoring: City of Gilroy Building Division
Ma�pni 91.S6bdiYWM Gty of Gilroy
�wgacev Negative DEC�aratiCUl r'ArV' —Win, S
Item MlI.B.
3
BIOLOGICAL RESOURCES
MM 41 Prior to issuance of a grading permit for any vegetation removal or ground -
disturbing activities, the project applicant shall meet all of the applicable avoidance
and minimization measures of the Santa Clara Valley Habitat Plan, submit plan -
required mitigation fees, and receive a Habitat Plan Permit from the City of Gilroy. if
all required mitigation measures can be accomplished, no other mitigation is
required.
Parry responsible for implementation: Applicant
Party responsible for monitoring: City of Gilroy Planning Division
MM 4.2 If clearing and/or Construction activities will occur during the migratory bird nesting
season (April 15- August IS) or raptor nesting season (lanuary 1S.August 15) , the
project applicant shall main a qualified biologbt to' conduct precortstruction
surveys to We* active nests within 14 days of constructor initiation. Focused
surveys must be perfornted by a qualified blologist for the purposes of determining
Presencdabsence of active nest sites within the proposed impact area, including
construction access routes.
If active migratory bird nest sites are identified within 200 feet of project activities or
active raptor bird nest sites are identified within 500 feet of project activities, the
project applicant shall impose a limited operating period (LOP) for all active nest
sites prior to commencement of any project construction activities to avoid
construction- or access- related disturbances to migratory bird nesting activities. An
LOP constitutes a period during which project - related activities p e., vegetation
removal, earth moving, and cmhstru :dm) will not occur and will be imposed within
250 feet of any active nest sites until the nest Is deemed inactive. Activities
permitted within and the size (Le., 250 feed of LOPS may be adjusted through
consultation with the CDFW and/or the City.
Party responsible for implementation: Applicant, Qualified Biologist
Party responsible for monitoring City of Gilroy Planning Division
MM 4-3 Prior to demolition activities, the project applicant shall retain a qualified biological
to conduct surveys for the presehce of bat species. Any structures being used by bats
will not be removed until it has been determined that bats are no longer using the
site or until demolition can be carried out without harming any bats.
Party responsible for implementation: Applicant, Qualified Biologist
Party responsible for monitoring City of Gilroy Planning Division
City of Gilroy Masora 111 Subdivision
October 2013 Mitigated Heutative Dectmann
Item VIII.B. 4
CULTURAL RESOURCES
MM S-1 Due to the possibility that significant buried archaeological and/or paleontological
resources might be found during construction, the following language shall be
included on any permits issued for the project site, including, but not limited to,
building permits for future development, subject to the review and approval of the
City of Gilroy Planning Division.
If archeological and/or paleMtologlcal resources or human remains are
discovered during construction, work shall be halted within SO meters (165 feed
of the find until a qualified professional ardeologist can evaluate it. if the find
is determined to be significant; apprgxiate mitigation measures shall be
formulated and implemented (General Plan policy 5.07)
Party responsible for implementation: Applicant, Contractor
Party responsible for monitoring: City of Gilroy Planting Division
MM 5-2- Prior to issuance of a building and/or grading peimij, the City shall ensure that
langtiage is included in all permits In accordance with CEQA Guidelines Section
15065.5(e), subject to the review and approval of the City of Gilroy Planting
Department:
if human remains are found during corms iutti m there shall be no further
excavation or disturbance of the site or any nearby area reasxm* suspected to
overlie aafjacent human remains until the coroner of Santa Clara. County is
contacted to determine that no investlgation 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 Heritagie Commission shall identify the person or persons it believes
to be the most likely descendant (MLD) from the deceased Native American.
The MLD may there make recommeridlatfons to the landowner, or the persnn
responsible for the ew-avation work for means of treating or disposing of, with
appropriate dignity, the human remains and associated grave goods as provided
for in Public Resources Code Section So97.9a. 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 iden* a MLD or the MLD failed to make a recommendation within
24 hours after being notified by the oominbsion; (b) the descendent identified
falls to make a recommendation,- or (c) the landowner or his authorized
representative rejects the recommendation of the descendnn4 and the
mediation by the Native American Heritage Commission falls to provide
measures acceptable to the landowner.
Party responsible for implementation: Applicant, Contractor
Party responsible for monitoring: City of Gilroy Planning Division
Masora IN Subdivision City of Gilroy
Mitigated Negative Declaration
• . • Item VII[:B- . . .. October 2013
GEOLOGY AND SOiLS
MM 6.1 Prior to issuance of a grad'mg permit, the final construction plans shall be designed
in accordance with the recommendations of the Geotechnical Engineering Report
Prepared by . Earth Systems -Pacific in April 2013 (Appendix D). These
recommendations include, but are not limited to, designing the project in
accordance with the seismic design parameters per Chapter 16 of the Califomia
Building Code (2010 Edition).
Party responsible for implementation: Applicant
Party responsible for monitoring: City of Gilroy Building Department
GREENHOUSE GAS EMISSIONS
MM 7 -1 Prior to issuance of graft or• building permits, the project apprncant shall
specify
on the final7projett plans implementation of BAAQMD- recommended construction.
related measures to reduce greenhouse gas (GHG) emissions during construction
activities. These measures include, as feasible:
1. Use altemative44eled (i.e., biodiesel, electric) construction vehicles and
equipment to the maximum extent possible.
2. Use local construction materials (within 100 miles) to the maximum extent
possible.
Party responsible for implementation: Applicant
Party responsible for monitoring: City of Gilroy Planning Division
HAZARDS AND HAZARDOUS MATERIALS
MM 8-1a Prior to approval of a demolition permit for the eiakling buildings on site, the project
applicant shall contract with an approved lead inspectad/assersor to conduct a full
site assessment for lead-based paint. Prior to general demolition and she clearing .
activity, all identified dBleriorating lead -bred paint sMli be removed by a licensed
lead paint abatement amtractor and properly disposed of in accordance with the
Health and Safety Code and Tide IV of the Toxic Substances Control Act (TSCA),
subject to review and apptoW . y the City of dilnoy
Party responsible for implementation: Applicant, Awroved Lead Inma ft,
Pally responsible for monitoring: City of Gilroy Building Department
MAi 8.1b Prior to approval of a demolition permit, the project applicant shall contract with an
state- certified asbestos consultant to' conduct a full h
site assiminent for as.
coruaining materials. Pear to general demolition and site clearing activity, all
regulated material and Ca"W it nonfriable material shall be' removed by a
certified abatement contractor and' properly disposed of in accordance with
BAAQMD Regulation 1 i, Rule 2. N66f6fion sitiail fie subrri8ted 10 the BAAQMD
at least . 10 days prior to demolition (except in speciai circumstances) even if no
asbestos is iderwfied to be present
Party responsible for Applicant, Certified Asbestos
Consultant
MM 8-2a Prior to issuance of a demolition permit and/or grading permit, the project applicant
shall contract with a qualified professional to properly remove the existing septic
tank system. If unusual odors or staining are present, soil samples shall be collected
for testing through implementation of mitigation measure MM 8.2b.
Party responsible for implementation: Applicant, Qualified Professional
Party responsible for monitoring: City of Gilroy Building Department
MM 8-2b Prior to issuance of a demolition permit and/or grading permit, the project applicant
shall contract with a qualified professional to conduct Phase 11 Soil Testing at the
location of the former underground fuel storage tank and surface staining in the bam
as identified in the Phase I ESA prepared by Earth Systems Pacific in April 2013
tAppend'ix E). The soil samples shall be tested for preserve of petroleum
hydrocarbons. In addition, if implementation of mitigation measure MM 8.2a
reveals additional soil staining or unusual odors upon removal of the septic system,
soil samples shall be collected and tested. Any identified presence of contamination
that exceeds the Regional Water Quality Control Board's screening thresholds shall
be mitigated through excavation and removal of contaminated soil. Any
contaminated soil removed shall be disposed of in accordance with federal, state,
and local regulations.
Party responsible for implementation: Applicant, Qualified Professional
Party responsible for monitoring: City of Gilroy Buildiing Department
MM 8-3 Prior to issuance of a demolition permit and/or grading permit, the project applicant
shall contract with a qualified professional to deconstruct the existing grou rdwater
well located on the project site. The well shall be deconstructed and abandoned in
accordance with Ordinance No. 90-1 of the Santa Clara Valley Water D'istriet
MVWD). Evidence that a permit has been obtained from the XVWD shall be
submitted to the City of Gilroy prior to issuance of a demolition and/or grading
permit.
Party responsible for implementation: Applicant, Qualified Professional
Party responsible for monitoring: City of Gilroy Building Department
NOISE
MM 121a Incorporate a sound barrier along .the fear-yard areas Lots #1, #2; and #5 as shown
in Rigure 6. The barrier shall extend along the western boundary of Lot a1 a
minimum distance of So feet from the southem property line. The sound bemier
should be constructed to a minimum height of 6 feet above the proposed residantial
Pad elevation, but not exceed 7 feet. The sound barrier shah be Constructed of
masonry Mods, wood, or material of similar density and usage, with no visible air
W along the barrier alignment or at the base of the - barrier. Materials selected sfnall
meat a minimums Combined sine wel& of 2.5 pounds per square foot. If wood
barriers are used Constrtrcdon techniques shall be. employed to prevent future air
M from omwing due to weadnering and material shrinkage. Such methods may
include the use of overlapping panels, boar! and _ batten, or tongue-andgrove
techniques. To minimize aesthetic imparts, the sound barrier shall be constructed of
an earthen bem Wwall Combination and Include landscape to buffer and scrtasn.da
wall and protect it .against poter" graffiti, consistent _with the City . of Grlrgy's
Consolidated Landscaping Ordinance.
Maser» 11I Subrlivisiorr Eity of Troy
lidgaced Ne alive Dedaratfarr October 2013
ILerrt VIl1.B.
Party responsible for implementation: Applicant, Contractor
Party responsible for monitoring: City of Gilroy Planning Division
MM 12 -1b Prior to final plan approval, the City fall require that the project applicant
incorporate into the project design installation of mechanical ventilation or central
heating, air conditioning, and ventilation (WVAC) systems.
Party responsible for implementation: Applicant
Party responsible for monitoring: City of Gilroy Planning Division
Date Prepared: October 25, 2013
End Of-Review Period November 25, 2013
Susan Martin, Planning Manager
City of Gilroy Masotti 111 SubdivWbn
October 2013 Mitigated Negative Declaration
Item MILB. 8
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I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2014 -02 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 P day of February, 2014, 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 4`h day of February, 2014
City Cleric of the City of Gilroy
(Seal)