Ordinance 1992-15ORDINANCE NO. 92- 15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY REZONING FROM R3-PUD (MEDIUM DENSITY
RESIDENTIAL-PLANNED UNIT DEVELOPMENT) TO
R4-PUD (HIGH DENSITY RESIDENTIAL PLANNED UNIT
DEVELOPMENT) ON APPROXIMATELY 3.93 ACRES
LOCATED AT THE SOUTHEAST CORNER OF WELBURNAND
KERN AVENUES, APN 790-22-071, APPROVING
Z 90-12
WHEREAS, Albert Fortino has submitted application
Z 90-12, to amend the Zoning Map of the City of Gilroy to rezone
approximately 3.93 acres located at the southeast corner of Welburn
and Kern Avenues, APN 790-22-071, from R3-PUD (Medium Density
Residential-Planned Unit Development) to R4-PUD (High Density
Residential-Planned Unit Development), as shown on the map attached
hereto as Exhibit A and incorporated herein by this reference; and
WHEREAS, the City has prepared and circulated in
accordance with the California Environmental Quality Act (CEQA) a
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 Z 90-12 on August 6, 1992 and after that public
hearing voted to recommend that the city Council adopt the Negative
Declaration and voted to adopt Resolution 92-28 recommending
approval of Z 90-12; and,
WHEREAS, the city Council held a duly noticed public
hearing on Z 90-12 on September 21, 1992 and after that public
hearing did adopt the Negative Declaration for this project,
finding as follows:
1. That the Negative Declaration for this project
reflected the independent judgment of the City; and,
ORDINANCE NO. 92 - 15
-1-
2. That there was no substantial evidence before
the City Council that the project as mitigated may have a
significant effect on the environment; and,
WHEREAS, in conjunction with approving this rezoning,
the City Council adopted the Mitigation Monitoring Program required
by Public Resources Code Section 21081.6, attached hereto 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; and,
WHEREAS, the City Council did introduce this Ordinance
by a majority vote on September 21, 1992;
THE CITY COUNCIL OF THE CITY OF GILROY HEREBY ORDAINS AS
FOLLOWS:
SECTION I
The Zoning Map of the City of Gilroy is amended to rezone
approximately 3.93 acres located at the southeast corner of Welburn
and Kern Avenues, APN 790-22-071, from R3-PUD (Medium Density
Residential-Planned Unit Development) to R4-PUD (High Density
Residential-Planned Unit Development), as shown on the map attached
hereto as Exhibit A, and rezoning application Z 90-12 is approved,
subject to the mitigation measures set forth in the Negative
Declaration and the Mitigation Monitoring Program.
ORDINANCE NO. 92 - 15
-2-
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 5th day of October ,
1992 by the following vote:
AYES: COUNCILMEMBERS: GILROY, HALE, NELSON and GAGE.
NOES:
COUNCILMEMBERS: KLOECKER and VALDEZ.
ABSENT: COUNCILMEMBERS: None
ATTEST:
Susanne Steinmet'z, city
AP~ED:
ORDINANCE NO. 92 - 15
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EXHIBIT "A"
LOCATION
MAP
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Z 90-12
Planning epartment
NEGATIVE
DECLARATION
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
· (408) 848-0440
CITY FILE NUMBER: Z 90-12
EXHIBIT "B"
PROJECT DESCRIPTION:
Name of Project:
Nature of Project:
Fortino Zone Change.
Zone Change request from R3-PUD to R4-PUD.
PROJECT LOCATION:
Location: Southeast corner of Kern and Welburn Avenues.
Assessor's Parcel Number: 790-22-071.
Entity or Person(s) undertaking Project:
Name: Albert Fortino
Address: P.O. Box 2330
Gilroy, CA 95020
INITIAL STUDY:
An Initial study of this project was undertaken and prepared for the
purpose of ascertaining whether this project might have a significant
effect on the environment. A copy of this study is on file at the city of
Gilroy Planning Department, 7351 Rosanna Street, Gilroy, california.
FINDINGS & REASONS:
The Initial Study identified potentially significant effects on the
environment. However, the applicant has agreed to specific revisions in
the project and/or the project has been revised, see the MITIGATION
MEASURES listed below, which avoid or mitigate the effects to a point where
no significant effects will occur. There is no substantial evidence the
project, as revised, may have a significant effect on the environment. The
following reasons will support these findings:
Negative Declaration
2 Z 90-12
FINDINGS & REASONS: (CONT.)
1. The applicant's development scheme, proposed under the subject rezoning
request from R3-PUD (RESIDENTIAL MEDIUM DENSITY, PLANNED UNIT
DEVELOPMENT) to R4-PUD (RESIDENTIAL HIGH DENSITY, PLANNED UNIT
DEVELOPMENT), is consistent with the requested zoning district of R4-PUD
and is compatible with adjacent developed land uses;
2. The proposed project is substantially consistent with the adopted goals
and policies of the General Plan of the city of Gilroy;
3. The granting of this request will not adversely affect or impact-
adjacent properties or the surrounding residential neighborhood; and
Ail potential significant effects can be mitigated to reduce them to an
acceptable level of impact.
MITIGATION MEASURES:
%1. The future development of the site shall conform to the uniform
Building Code, subject to the review and approval by the City Public
works and Building Departments.
%2. The future development of the site shall include the improvement of a
bicycle lane adjacent to the project site along welburn Avenue, subject
to the review and approval by the city Public Works Department.
%3. The future development of the site shall include the installation of
bicycle racks for the residents, subject to the review and appro=al by
the city Planning Department.
%4. The future development of the site shall conform to the city of
Gilroy's consolidated Landscaping Policy, subject to the review and
approval by the city Planning Department.
%5. Prior to the future development of the site, the developer must obtain
sufficient sewer allocation to serve the proposed project, and will be
required to pay city of Gilroy sanitary sewer connection fees.
%6. The future development of the site, to include design layouts and
specific site considerations, shall be addressed through the city's
Planned unit Development approval process, via Architectural & site
Review procedures.
%7. The future development of the site shall conform to uniform Fire code,
subject to the review and approval by the city Fire Department.
Negative Declaration
3 Z 90-12
MITIGATION MEASURES: (CONT.)
%8. Prior to the future development of the site, the property owner shall
complete a Hazardous-Materials-site-Closure-Plan,.-subject to the review
and approval by the chemical control Division of the city Fire
Department.
%9. 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 ca~e 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.
~10. Prior to the future development of the site, the developer shall pay
required city of Gilroy Public safety and Parks & Recreation impact
fees.
%11. Prior to the future development of the site, all existing septic
systems shall be removed from the property, subject to the review and
approval by the Santa clara County Health Department and the city of
Gilroy Building Department.
Date Prepared: 06/19/92
End of Review Period: 07 / 24 / 92
Date Approved 9 /2J--/~l-
by City Council:
Michael Dorn, Director of Planning
EXHIBIT "C"
MITIGATION MEASURE
~F~ESPONSIBLE FOR
iMPLEMENTATION OF
MITIGATION MEASURE
RESPONSIBLE FOR
MONITORING OF
MITIGATION MEASURE
01. The future development of the
site shall conform to the
uniform Building code, subject
to the review and approval by
the city Public works and
Building Departments.
02. The future development of the
site shall include the improve-
ment of a bicycle lane adjacent
to the project site along
welburn Avenue, subject to the
review and approval by the city
Public works Department.
03. The fut6re development of the
site shall include the
installation of bicycle racks
for the residents, subject to
the review and approval by the
city Planning Department.
04. The future development of the
site shall conform to the city
of Gilroy's consolidated
Landscaping Policy, subject to
the review and approval by the
city Planning Department.
05. Prior to the future development
of the site, the developer must
obtain sufficient sewer
allocation to serve the proposed
project, and will be required to
pay city of Gilroy sanitary
sewer connection fees.
06. The future development of the
site, to include design layouts
and specific site
considerations, shall be
addressed through the city's
Planned unit Development
approval process, via
Architectural & site Review
procedures-
Applicant and/or
the developer
Applicant and/or
the developer
Applicant and/or
the developer
Applicant and/or
the developer
Applicant and/or
the developer
Applicant and/or
the developer
city Public works
and Building
Departments
city Public works
Department
city Planning
Department
city Planning
Department
city
Administration and
Public works
Department
city Planning
Department
MITIGATION MONITORING
MITIGATION MEASURE
RESPONSIBLE FOR
,IMPLEMENTATION OF
M~TIGATION MEASURE
RESPONSIBLE FOR
MONITORING OF
MITIGATION MEASURE
07. The future development of the
site shall conform to the
uniform Fire code, subject to
the review and approval by the
city Fire Department.
08. Prior to the future development
of the site, the property owner
shall complete a Hazardous-
Materials-Site-Closure-Plan,
subject to the review and
approval by the chemical control
Division of the city Fire
Department- -
09. 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-
10. Prior to the future development
of the site, the developer shall
pay required city of Gilroy
Public safety and Parks &
Recreation impact fees.
1t. Prior to the future development
of the site, all existing septic
systems shall be removed from
the property, subject to the
review and approval by the Santa
clara county Health Department
and the city of Gilroy Building
Department-
Applicant and/or
the developer
Applicant and/or
the developer
Applicant and/or
the developer
Applicant and/or
the developer
Applicant and/or
the developer
city Fire
Department
chemical Control
Division of the
city Fire
Department
superintendent of
the Gilroy unified
School District,
and city Building
Department
city Building and
Public works
Departments
city Building
Department, and
the Santa Clara
County Health
Department
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 92-15 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 5th day of October , ~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 6th day of October
19 92.
erk of the City o G' y ~
(Seal)