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Ordinance 1992-09ORDINANCE NO. 92- 9 AN ORDINANCE OF THE CITY OF GILROY GRANTING THE APPEAL OF DR. T. GALLO AND APPROVING Z 91-08, PLACING PO ZONING ON AN APPROXIMATELY 2.436-ACRE PROPERTY LOCATED AT 655 COHANSEY AVENUE WHEREAS, Dr. T. Gallo, et al., have submitted Z 91-08, to amend the Zoning Map of the City of Gilroy to zone as PO (Professional office) an approximately 2.436-acre property located at 655 Cohansey Avenue; and WHEREAS, the Planning Commission held a duly noticed public hearing on the 4th day of June, 1992, and after that hearing did adopt by a vote of 4-1-2 Resolution No. 92-20 denying Z 91-08; and WHEREAS, the Applicant timely filed a written appeal of the Planning Commission's decision with the city Council pursuant to Gilroy Zoning Ordinance Section 52.50, and the city Council held a duly noticed public hearing on Z 91-08 on the 15th day of June, 1992; and WHEREAS, pursuant to Gilroy Zoning Ordinance Section 52.60 the City Council must approve, modify, or disapprove the decision of the Planning Commission; and WHEREAS, a Negative Declaration for this project has been prepared in accordance with the California Environmental Quality Act (CEQA), and the City Council did on the 15th day of June, 1992 unanimously approve, with one absence, the Negative Declaration, finding that it reflects the independent judgment of the City; and WHEREAS, the City Council hereby finds that the City has taken all actions required by CEQA; and WHEREAS, in the opinion of the City Council the approval of Z 91-08 will carry out the general purposes of the Gilroy Zoning Ordinance and General Plan because: 1. The proposal is consistent with the land use designation on the General Plan map; and ORDINANCE NO. 92 - 9 -1- 2. A professional office use is appropriate for this property because it is directly north of an existing hospital; and 3. Specific site considerations and building design for the proposed use will be addressed during Architectural and Site review; and 4. The proposal will not be detrimental to the public welfare or injurious to persons or property in the vicinity; THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I: The decision of the Planning Commission to deny Z 91-08 should be and hereby is disapproved. SECTION II: is granted. SECTION III: The applicant's appeal should be and hereby Zoning request Z 91-08 should be and hereby is approved, so that the zoning designation of PO is hereby placed on an approximately 2.436-acre property located at 655 Cohansey Avenue. SECTION IV: This ordinance shall take effect and be in full force thirty (30) days from and after approval. PASSED AND ADOPTED this 20th day of by the following vote: AYES: its adoption and July , 1992 COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE. NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None APPROVED: -- ORDINANCE NO. 92 - 9 -2- Planning Department NEGATIVE DECLARATION City~ile~m~s: ~91-003, Z 91-008 City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 (408) 848-0440 DESCRIPTION: Name of Project: Nature of Project: PROJECT ~ON: Gallo Annexationar~Prezoning Request toprezonea 2.761 acre parcel from no designation (County Agricultural) to PO (Professional Office), and to annex that parcel. location: Assessor's Parcel Number: 655 Cohansey Ave. 835-14-040 Entity or Per~n(s) Undertaking Project: Name: Dr. Gallo et al Address: 173 N Morrison Suite D San Jose, CA 95126 An Initial Study oftheseprojectswasundertakenandprepared for the purpose ofascertainingwhethertheseprojectsmighthave a significant effect on the environment. A copy of this study is on file at the City of Gilroy Planning Department, 7351Rosanna Street, Gilroy, CA 95020. On the basis of the information presented in the Initial Study, it has been found that the above mentioned projects will not have a significant effect on the environment. The following reasons will support these findings: Identified adverse impacts such as the effect on remaining sewer plant capacity, school impacts, and increase in trafficgenerated from this project are proposed tobemitigatedthroughbuildout schedules, school impaction fees, and construction of off-site improvements. 2. The proposal will not be detrimental to the public welfare or injurious to persons or property in the vicinity. 3. Potential significant effects can be mitigated to reduce them to an acceptable level of impact. 4. The Initial Study was independently ~eviewed by city staff, and this Negative Declaration reflects the independent judgement of the City of Gilroy. Negative Declaration Z 91-008, A 91-003 2 03/25/92 The developer shall, as soon as possible, and before issuance of any building permits for the project, negotiate with the Gilroy Unified School District to determine the level of additional impacts on the District. In the case of an impasse, the City of Gilroy shall mediate the negotiation. Following completion of the negotiations, the developer shall provide mitigation of the impacts to the School District which may include 1) impact fees, 2) dedication of land, 3) facilities and/or 4) equipment. e The design of all storm drainage and sewer lines shall be subject to the approval of the Director of Public Works and the Santa Clara Valley Water District. 3. Street improvements shall be provided by the developer subject to the approval of the Director of Public Works. 4. Native trees and shrubs shall be preserved whereverpossible. Where removal is necessary, the developer shall submit a replanting/replacement program subject tothe approval of the Director of Planning. 5. The project shall be designed in accordance with earthquake design regulations of the UBC. 6. All building pads shall be raised at least one foot above the 100- year flood elevation. 7. All exterior lighting shall be designed so as not to intrude on neighboring properties. 8. The developer shall annex this land in accordance with the City of Gilroy and LAFCo policies. 9. The developer shall connect this property to the City of Gilroy water and sewer systems, as required by the Director of Public Works. 10. The developer shall provide for an archaeological reconnaissance of the site prior to the is~a_nce of any building permits. 11. The developer shall join an assessment district whichcontributes to a fund to provide additional Fire Department staffing. 12. The project site may be subject to sewer pre-treatment requirements. 13. The developer must provide an approved water supply for the purpose of fire fighting. 14. An automatic fire sprinkler system may be required if the present residential structure is converted, and may also be required for any new construction at the site. Negative Declaration Z 91-008, A 91-003 3 03/25/92 15. The project shall conform to the "City Policy on Fee Payment and Public Improvement Requi~ts for Annexed Properties." Date Prepared: March 31, 1992 End of Review Period: May 5, 1992 Date ApprovedbyCity Council on 6/15/92. Michael Dom, Director of Planning < ~- ~ Z Z < © © ~m m . Z< mmm ~ < o~ Z < 0 0 0 I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 92-9 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 20th day of July , 19 92 , 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 21st day of July 19 92. City Clerk of the ~Cit'y of~~ (Seal)