Ordinance 1993-03ORDINANCE NO. 93-3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING Z 92-04 REZONING FROM A1
(AGRICULTURE) TO R3 (MEDIUM DENSITY
RESIDENTIAL) ON APPROXIMATELY 4.96 ACRES
LOCATED AT THE SOUTHSIDE OF FARRELL AVENUE,
BETWEEN MONTEREY ROAD AND WREN AVENUE, APN
790-12-014
WHEREAS, Seige and Alyce Kawashima have submitted
rezoning application Z 92-04, to amend the zoning map of the City
of Gilroy to rezone approximately 4.96 acres located at the south
side of Farrell Avenue, between Monterey Road and Wren Avenue, APN
No. 790-12-014, from A1 (Agricultural) to R3 (Medium Density
Residential), 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
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 Z 92-04 on January 7, 1993, and after that public
hearing voted unanimously to recommend that the City Council adopt
the Mitigated Negative Declaration and voted to adopt Resolution
93- 1 recommending approval of Z 92-04; and,
WHEREAS, the City Council held a duly noticed public
hearing on Z 92-04 on January 19, 1992 and after that public
hearing did adopt 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
significant effect on the environment; and,
WHEREAS, in conjunction with approving the Mitigated
Negative Declaration the City Council has adopted a mitigation
ORDINANCE NO. 93 - 3
--1--
monitoring program as required by Public Resources Code Sec-
tion 21081.6, attached hereto as Exhibit C and incorporated herein
by this reference; and
WHEREAS, the City Council hereby finds that the City has
properly taken all actions required by CEQA;
THE CITY COUNCIL OF THE CITY OF GILROY HEREBY ORDAINS AS
FOLLOWS:
SECTION I
Rezoning application Z 92-04 should be and hereby is
approved, and the zoning map of the City of Gilroy is amended to
rezone approximately 4.96 acres located at the South side of
Farrell Avenue, between Monterey Road and Wren Avenue, APN No. 790-
12-014, from A1 (Agricultural) to R3 (Medium Density Residential),
as shown on the map attached hereto as Exhibit A, subject to the
mitigation measures set forth in 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 ~ND ADOPTED this 1st day of February, 1993 by the
following vote:
AYES: COUNCII~EMBERS: GILROY, HALE, KLOECKER, ROWLISON,
VALDEZ and GAGE.
NOES:
COUNCILMEMBERS: None
ABSENT: COUNCII~EMBERS: NELSON
/Susanne Steinmetz, City Cle~
?~E D:
Don Gage, Mayor
ORDINANCE NO. 93 - 3 -2-
q
RECEIVED
9 1992
. Gill ~ Planning Dept.
PROPER T Y
MAP
OF TH E L A ND $ OF
5EIGE Ei ALYCE KAWASHIMA
IN THE CITY OF GILRO¥
PORTION OF LOTS 12 AND 13
as shown on
"MAP OF JAS. A. CLAYTON & CO'S
SUEIVISION OF LAS ANIMAS
RANCHLOT NO. 31 AND 'A PART OF LA~-ANIM,
/ KANCH LOT NO. 30"
ok "V" of Maps, Pages 1 and 2
5¢,~LE: I"'-IO0' SEPT. i,1992
EXHIBIT A
Planning Department
NEGATIVE
DECLARATION
CITX FILE NUMBER: Z 92-04
City of Gilroy
7351 Rosanna St.
Gi!roy, CA 95020
(408) 848-0440
Revised 11/30/92
PROJECT DESCRIPTION:
Name of Project:
Nature of Project:
Kawashima Rezoning
Request to rezone a 4.96± acre parcel from A1
(Agriculture) to R3 (Medium Density Residential) R~
PROJECT LOCATION:
Location: South side of ReRaa Farrell Avenue, between MontereyRoad and
Wren Avenue.
Assessor's Parcel Number: 790-12'014
Entity or Person(s) Undertakinq Project:
Name: Seige and Alyce Kawashima
Address: 1440 Church Street, Gilroy, CA 95020
INITIAL STUDY:
~An Initial Study for this project was undertaken and prepared for the
purpose of ascertaining whether the 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, G~lroy, 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 following list of
MITIGATION MEASURES, which avoid or mitigate potential effects to a point
where no significant effects will occur. There is no substantial evidence
that the project, as revised, may have a significant effect on the
environment. The following reasons will support these findings:
A. The proposed rezoning from A1 (Agriculture) to R3 (Medium Density
Residential) R~-%E&~e-Fam&~y-Res&~eR~&a~ is consistent with the
City's General Plan land use map;
B. The proposed project is substantially consistent with the adopted goals
and policies of the City's General Plan document;
C. The granting of this re_cuest will not adversely affect or Lmpact
adjacent parcels of land or developed residential prcperties Ln the
vicinity; and
D. Ail potential significant effects can be mitigated to reduce them to an
insignificant level of Lmpact.
EXHIBIT B
Negative Declaration: Z 92-04
2 11/30/92
MITIGATION MEASURES:
1. The project shall be designed in accordance with earthquake design
regulations of the uniform Building Code, subject to the review and
approval by the City Building Department.
2. Prior to the development of the site, the developer shall pay the required
Citywide Traffic Impact Fee, subject to the review and approval by the
City Department of Public Works .
3. The design of all -street improvements serving the project site shall be
provided by the developer, subject to the review and approval by the City
Department of Public Works.
4. The 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.
B. Ail phases of development shall provide minimum off-street parking in
accordance with Section 31, Off Street Parking Requirements, of the City's
Zoning Ordinance, subject to the review and approval by the City Planning
Department.
6. Prior to the develolmnent of the site, the developer shall pay required
City of Gilroy Public Safety impact fees.
7.. Development plans shall include ~the installation of. on-eite fire
hydrants. Improvement plans shall be subject to the review and approval
by the City Depar~nent of Public Works, Fi~e, and Building.
8. 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 !)
impact fees, 2) dedication of land, 3) facilities, and/or 4) equipment.
9. Prior to the development of_~he site, the developer shall pay required
City of Gilroy Parks '&ReCreation impact fees.
10. The development of the site shall conform to the Uniform Building,
Plumbing, and Mechanical Codes, the National Electrical Code, and the
handicap and energy regulations in Title 24 of the California Building
C~de, subject to the review and approval by the City Public Works and
Building Departments.
1!. Prior to the 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.
Negative Declaration: Z 92-04
3 11/30/92
12. The design of all storm drainage improvements serving the project site'
shall be provided by the developer, subject to the review and approval by
the City Department of Public Works.
13. Ail phases of development, to include design layouts and speoific site
considerations, shall be addressed fully within the City of Gilroy's
Architectural & Site Review procedures.
14. The developer shall construct all utilities to, through, and on the site
underground, subject to the review and approval by the City Department of
Public Works.
15. The developer shall submit a detai'~ed plan for all exterior lights, as
part of the building permit review process. The lighting plan shall
incorporate design elements that will minimize the potential for'light and
glare impacts on adjacent residential properties. The lighting plan shall
be subject to the review and approval by the City Planning Department.
16. If archaeological resources are discovered during construction, the
developer shall halt all work within one hundred feet of the find until
the resource can be evaluated by an archaeological reconhaissance of the
site. If the find is determined to be significant, appropriate mitigation
measures shall be formulated rand implemented, subject to-the review and
approval by the'City Pl~anning Department.
Date Prepared: November 20, 1992
End of Review Period: December 18~ 1992
Approved by City Council:
Michael Dorn, Director of Planning
EXHIBIT "C"
MITIGATION MONITORING PROGRAM CHECKLIST
Kawashlma Rezoning Initial Study (Z92-04)
Prior to issuance of a Building Permit, the following mitigations shall be
implemented:
Party
Mitigation Nature of Mitigation Responsible for Party Responsible for
Number Implementation Monitoring
I Development designed in Future Developers City Building Department
accordance with earthquake
design regulations
2 Pay street capital improvement Future Developers City Engineer
fee
3 Street improvement designs Future Developers Ci,ty Engineer
4 Bi~, cle rack installation plans Future Developers Ci,ty Planning Director
5 Provision of minimum off-street Future Developers City Planning Director
parking in accordance with
zoning ordinance
6 Conformance with interior and Future Developers City Building Inspector
exterior noise standards as
contained in the UBC
7 Pay public safety impact fees Future Developers City Planning Director
(Fire Protection)
8 Meet all water supply and water Future Developers City Fire Marshall
pressure standards in the UBC
9 Pay public safety impact fees Future Developers City Planning Director
(Police Protection)
10 Negotiation with school district Future Developers City Planning Director
to pay school impact fees
11 Pay parks and recreation Future Developers City Planning Director
impacts fees
12 Pay water impact service fees Future Developers City Engineer
13 Design of water line Future Developers City Engineer
improvements
14 Pay sewer service impact fees Future Developers City Engineer
15 Design of storm drainage Future Developers City Engineer and the
improvements Santa Clara Valley Water
District
16 Design layouts and specific site Future Developers City Planning Director
considerations addressed in the
Architectural & Site Review
procedures
17 Underground utilities Future Developers City Engineer
18 Detailed plan for all exterior Future Developers City Planning Director
lights
19 Archaeological (cultural) Future Developers City Planning Director
language in all permits
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 93-3 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the Ist day of February , 19 '93 ,
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
19 93
/City clerk_of the -Cit~ of Gilroy~
(Seal)
9th day of February