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Ordinance 1993-09ORDINANCE NO. 93- 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING Z 92-06, REZONING FROM Ri (SINGLE FAMILY RESIDENTIAL) TO R3-PUD (MEDIUM DENSITY RESIDENTIAL, PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 2.74 ACRES LOCATED ON THE EAST SIDE OF KERN AVENUE, BETWEEN WELBURN AND TATUM AVENUES, APN 790-17-002 WHEREAS, Hui-Kuang Tsai has submitted application Z 92-06, to amend the zoning map of the City of Gilroy to rezone approximately 2.74 acres located on the east side of Kern Avenue, between Welburn and Tatum Avenues, APN 790-17-002, from Ri (Single Family Residential) to R3-PUD (Medium 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 92-06 on February 4, 1993, and after that public hearing voted unanimously to recommend that the City Council adopt the Negative Declaration and then voted to adopt Resolution No. 93-5 recommending approval of Z 92-06; and, WHEREAS, the City Council held a duly noticed public hearing on Z 90-06 on February 16, 1993, 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, 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; THE CITY COUNCIL OF THE CITY OF GILROY HEREBY ORDAINS AS FOLLOWS: RESOLUTION NO. 93 - 9 -1- SECTION I The City Council hereby finds that the City has properly taken all actions required by CEQA. SECTION II The mitigation monitoring program for this project as required by Public Resources Code section 21081.6, attached hereto as Exhibit C and incorporated herein by this reference, is hereby adopted. SECTION III Application Z 92-06 should be and hereby is approved, subject to the mitigation measures set forth in the Negative Declaration and the mitigation monitoring program, and the zoning map of the city of Gilroy is hereby amended to rezone approximately 2.74 acres located on the east side of Kern Avenue, between Welburn and Tatum Avenues, APN 790-17-002, from R1 (Single Family Residen- tial) to R3-PUD (Medium Density Residential, Planned Unit Develop- ment), as shown on Exhibit A. SECTION IV This ordinance shall take effect and be in full force thirty (30) days from and after its adoption and approval. PASSED AND ADOPTED this 15th day of ~arch , 1993 by the following vote: AYES-. COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE. NOES'. COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ATTEST: ~usanne Steinmetz, APP~ED: Don Gage, Mayor RESOLUTION NO. 93 - 9 --2-- /24 I 2 / 4 6 LOCATION MAP FOR' E~I.IIE~IT 'A Z 92-06 :, lanning· Department NEGATIVE DECLARATION City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 (408) 848-0440 CITY FILE NUMBER: Z 92-06 PROJECT DESCRIPTION: Name of Project: Nature of Project: Tsai Rezoning Request to rezone a 2.74~ acre parcel from Ri (Single Family Residential) to R3-PUD (Medium Density Residential, Planned Unit Development). PROJECT LOCATION: Location: On the east side of Kern Ave., between Ramona Way and Tatum Ave. Assessor's Parcel Number: 790-17-002 Entity or Person(s) Undertakinq Project: Name: Hui-Kuang Tsai Address: P.O. Box 2207, Gilroy, CA 95021 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, 7351Rosanna 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 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 Ri (Single Family Residential) to R3-PUD (Medium Density Residential, Planned Unit Development) 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 request will not adversely affect or impact adjacent parcels of land or developed residential properties in the vicinity; and D. Ail potential significant effects can be mitigated to reduce them to an insignificant level of impact. EXHi IT B Negative Declaration: Z 92-06 2 12/11/92 MITIGATION MEASURES: 1. Prior to building permit issuance, the developer shall submit a preliminary soils investigation prepared by a geotechnical firm specializing in foundation and soils analysis. The recommendations of the preliminary soils investigation shall be incorporated into the final improvement plans, subject to the review and approval by the city's Building and Public Works Departments. 2. The Developer shall construct finished floor elevations at least one foot above the one hundred (100) year flood elevation as delineated on the current Flood Insurance Rate Maps (FIRM) produced by the Federal Emergency Management Agency (FEMA). 3. 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. 4. The development of the site shall conform to tbs-city of Gilroy's consolidated Landscaping Policy, subject to the review and approval by the city Planning Department. 5. Prior to the development of the site, the developer shall pay the required city-wide Traffic Impact Fee, subject to the review and approval by the City Department of Public works. 6. 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. 7. 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. 8. 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. 9. A noise survey shall be conducted prior to any residential buildout for those properties which are contiguous to a designated City of Gilroy General Plan "Collector". The survey information shall be used to determine the need for any noise attenuation structures or special building design considerations. 10. The 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. 11. 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. Negative Declaration: 92-06 3 12/11/92 12. The developer shall submit a detailed 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. 13. Prior to the development of the site, the developer shall pay required city of Gilroy Public Safety impact fees. 14. 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. 15. Prior to the development of the site, the developer shall pay required city of Gilroy Parks & Recreation impact fees. 16. 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 Code, subject.to the review and approval by the city Public works and Building Departments. 17. Ail existing on-site wells shall be permanently capped in compliance with the standards set forth by the santa Clara valley Water District and the city Department of Public works prior to the issuance of a building permit. 18. 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. 19. The design of all sewer line improvements serving the project site shall be provided by the developer, subject to the review and approval by the city Department of Public works. 20. Prior to the 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 Building Department. 21. 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 reconnaissance of the site. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented, subject to the review and approval by the City Planning Department. Date Prepared: December 11, 1992 End of Review Period: January 7, 1993 Approved by City council: Michael Dorn, Director of Planning MITIGATION MONITORING PROGRAM CHECKLIST Tsai Rezoning Inlti~l Study (Z 92-06) 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 Preliminary. soils investigation Developer City Building Department 2 Finished flood elevations at least Developer City Building Department on foot above 100-year flood elevation 3 Storm drain improvement Developers City Department of Public designs Works 4 Consolidated Landscape Policy to Developer City Planning Department include replacement of valley oak 5 Citywide traffic impact fee Developer City Department of Public Works 6 Street improvement designs Developer City Department of Public Works 9 Noise survey Developer City Planning Department 10 Design layouts and specific site Developer City Planning Department considerations 12 Exterior light plan Developer City Planning Department 13 & 14 Payment of public safety impact Developer City Department of Public fee Works 15 Negotiation with school district Developer City Planning Department to determine level of impacts 16 Payment of parks and recreation Developer City Parks and Recreation fee Department 17 Payment of water service impact Developer City Department of Public fees Works 18 Utility improvement plan - Developer City Department of Public extension of existing water lines Works 19 Cap existing on-site wells Developer City Department of Public Works/Santa Clara Valley Water District 20 Payment of sewer service impact Developer City Department of Public fees Works 21 Design of sewer line Developer City Department of Public improvements Works 22 Removal of existing on-site septic i Developer City Building systems Department/Santa Clara County Health Department 23 Cultural resources language in Developer City Planning Department all permits E [HIBiT C MITIGATION MONITORING PROGRAM CHEcKLIsT Tsai Rezoning Initial Study (Z 92-06) Prior to the Occupancy, the following mitigation shall be implemented: Party Mitigation Nature of Mitigation Responsible for Party Responsible for Number Implementation Monitoring 7 Bicycle rack installation Developer City Planning Department 8 Minimum off-street parking Developer City Plannin~ Department 11 Underground utilities Developer City Department of Public Works I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 93-9 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 15th day of March , 19 93 at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the day of March , 19 93 . Official Seal of the City of Gilroy this 16th of Gilroy ~ (Seal)