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Ordinance 1992-12ORDINANCE NO. 92- 12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING Z 91-10, REZONING FROM Ri TO R1-PUD APPROXIMATELY 48.7 ACRES LOCATED AT THE NORTHWEST CORNER OF SANTA TERESA BOULEVARD AND LONGMEADOW DRIVE WHEREAS, the William Lyon Company and Arcadia Development Company have submitted Z 91-10, to amend the Zoning Map of the City of Gilroy to rezone approximately 48.7 acres located at the northwest corner of Santa Teresa Boulevard and Longmeadow Drive from Ri to Ri-PUD, as shown on the map attached as Exhibit A and incorporated herein by this reference; and WHEREAS, the City has prepared and circulated in accord- ance with the California Environmental Quality Act (CEQA) a Mitigated Negative Declaration for this project, attached as Exhibit B and incorporated herein by this reference; and WHEREAS, the Planning Commission held a duly noticed public hearing on this project on July 2, 1992 and after that public hearing did unanimously recommend that the City Council approve the Mitigated Negative Declaration and did unanimously adopt Resolution 92-25 recommending approval of the project; and WHEREAS, the City Council held a duly noticed public hearing on Z 91-10 on July 20, 1992, and after that public hearing did approve the Mitigated Negative Declaration for this project, finding as follows: 1. That the Mitigated Negative Declaration for this project reflected the independent judgment of the City; and 2. That there was no substantial evidence before the City Council that the project as mitigated may have a signifi- cant effect on the environment; and WHEREAS, in conjunction with approving the Mitigated Negative Declaration, the City Council adopted the Mitigation Monitoring Program required by Public Resources Code ORDINANCE NO. 92 - 12 -1- Section 21081.6, attached as Exhibit C and incorporated herein by this reference; and WHEREAS, the City Council hereby finds that the City had properly taken all actions required by CEQA THE CITY COUNCIL OF THE CITY OF GILROY HEREBY ORDAINS AS FOLLOWS: SECTION I Rezoning aPplication Z 91-10 should be and hereby is approved, subject to the conditions of the Mitigated Negative Declaration and the Mitigation Monitoring Program. SECTION II This ordinance shall take effect and be in full force thirty days from and after its adoption and approval. PASSED AND ADOPTED this 3rd day of August by the following vote: AYES: COUNCILMEMBERS: , 199 2 GILROY, HALE, KLOECKER, ROWLISON, VALDEZ and GAGE. NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: NELSON AT.~~T: rk Mayor ORDINANCE NO. 92 - 12 -2- APN 783--40--5 .... (2.07 AC.) EXHIBIT 8't8" APN 783:-20--27.28 & 29 783--40--6 (46.63 AC.) SANTA TERESA BLVD. TOTAL ACREAGE = 48.7 AC. ± _..LANDS 0F VALLEY TITLE C0MPANY [IGILROY CALIFORNIA EXHIBIT "B" Planning Department NEGATIVE DECLARATION City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 (408) 848-0440 City FileNumbers: ~91-001, Z 91-10 Name of Project: Nature of Project: PROJECT LOCATI~: Location: Assessor' s Parcel Numbers: Rancho Hills Tentative Map Request to subdivide a 48.7 acre lot in-~o 265 lots, 198 lots of which are under this application, Rezone the lot f~-~ Ri to R1 t~3D, and perform a design Yeview of model hcm~_s. ~-~ Northwest corner of Santa Teresa Boulevard and Longmeadow Drive ..- 783-20-027, 028, 029, 783-40-005,_.0Q~6~[.~ ...... Entity or Person(s) Undertaking Project: The WilliamLyonCo. &ArcadiaDevelopmentCo. The WilliamLyonCo. 1631 N. First St., #100, San Jose, CA95112 Arcadia Develop. Co. 1500 E. Hamilton Ave., Campbell, CA95008 An Expanded Imitial Study of this project wasundertakenandprepared for the purposeofascertain/rgwhetherthis project might have a significant effect on the environment. A copy of this study is on file at the City of Gilroy Planning Department, 7351RosannaStreet, Gilroy, CA95020. The Initial Study identified potentially significant effects on the environment. However, the 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: 1. The proposal is a lOgical extension of the existing urban, land use, and~zoning patterns of this area, ~ ~-~.'" Identified adverse impacts such as the effect on school impacts and increase in traffic generated from this project are proposed to be mitigated through school impaction fees, and construction of off-site Negative Declaz-ation q~4 91-01, Z 91-10 2 03/31/92 3. The proposed project is consistent with the adopted goals and policies of the General Plan of the City of Gilroy. The Initial Study was independently reviewed by City staff, and th!~ Negative Declaration reflects the independent judgement of the City of Gilroy. 0 0 10. 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. A water well destruction permit shall be obtained f¥om the Santa Clara valley Water District, and the well shall be sealed in accordance with District standards. Special foundation systems consisting of 1) drilled, poured-in-piace concrete, friction piers and grade bea~ or 2) conventional strip foundation footings with isolated interior friction piers; premoisturization programs; the soil subgrade of the foundation trenches; and concrete slabs-on-grade, as needed, shall be provided thrcugh~ the highly expansive clay soil area as determined by the December, 1986 soil and geologic investigation by Applied Soil Mechanics, Inc. Drainage shall be controlled away from all structures and pavements. A portion of the compressible silts shall be removed, and the remaining underlying silts shall be densified with grading compactors thzmughout the c~gressible silt soil area as determined by the December, 1986 soil and geologic investigation by Applied Soil Mechanics, Inc. The project shall be designed and constructed to incorporate wall bra~ing, mudsil anchors, tie downs, and/or hinge connectors to ensure structural stability as required by the earthquake design regulations of the Uniform ~ilding Code. Street trees shall be planted throughout the project. Landscaping shall be planted by future hcmecwners. Landscaping shall be installed to enhance the sound walls along Santa Teresa Boulevard and Longmeadow Drive in accordance with the requirements of the City's Consolidated Landscaping Policy. Building pads and homes shall be designed and constructed so that the finished floor is elevated or flood-proofed to or above the projected flood level. Negative Declaration TM 91-01, Z 91-10 3 03/31/92 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. The Santa Teresa Boulevard fee shall be paid for major roadway improvements along Santa Teresa Boulevard. A 7 foot high noise attenuation barrier shall be constructed along Santa Teresa Boulevard, with a 75 foot segment constructed along the north property line and along the rear yard property lines of houses along Longmeadow Drive to control flanking. A 6 foot high noise attenuation barrier shall be constructed for a distance of 100 feet fi-om the end of the 7 foot high barrier along the north property line, and along the rear or side yard property lines of lots directly adjacent to Longmeadow Drive. Windows and sliding glass doors shall be maintained closed at second floor living spaces within 170 feet of the Santa Teresa Boulev-~rd right-of-way, and having a direct or side view of the roadway. Mechanical ventilation shall be provided in accordance with Uniform Building Code requirements when windows are to be closed for noise control. or STC 26 or hi~her rated wJ_~dows a~d sliding glass doors shall be installed at second floor living spaces within 170 feet of the Santa Teresa Boulevard right-of-way, and having a direct or side view of the roadway. Noisy operations shall be scheduled for the daytime hours of 7:00 a.m. to 7:00 p.m. so as to avoid the more sensitive evening and nighttime hours. Dust problems shall be controlled during construction by requiring and enforcing measures such as the use of watering trucks in the grading contract provisions. A storm drainage line sba] 1 be constructed with/n the project that will drain to the existing box culvert at the intersection of Longmeadow Drive The onsite storm drainage system shall be constructed to accommodate stormwater runoff from the existing drainage ditch at the northwesterly comner of the site. Re~ired public safety impact fees shall be paid in accordance with established City policy. A contribution shall be made ~ the cost of a fire station location study. Date Prepared: March 31, 1992 End of Review Period: May 5, 1992 Date Approved By City Council: 7/20/92 Michael Dom, Director of Planning EXHIBIT C 0 > ~Z 0 0 0 0 ~>~ ~> ~ 0 ~ O~ I I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 92-12 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 3rd day of August , 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 27th day of August 19 92. City Clerk of the City of Gilroy~ (Seal)