Ordinance 1993-12ORDINANCE NO. 93- 12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING REZONING APPLICATION
Z 93-03 REZONING FROM R3 (MEDIUM DENSITY
RESIDENTIAL) AND C3 (SHOPPING CENTER
COMMERCIAL) TO R4 (HIGH DENSITY RESIDENTIAL)
APPROXIMATELY .814 ACRES LOCATED AT 8170
CHURCH STREET, SOUTH OF HOWSON STREET AND
MILLER SLOUGH, APN 790-37-015
WHEREAS, DeBell Homes has submitted application Z 93-03,
to amend the Zoning Map of the city of Gilroy to rezone approxi-
mately .814 acres located at 8170 Church Street, South of Howson
Street and Miller Slough, APN 790-37-015, from R3 (Medium Density
Residential) and C3 (Shopping Center Commercial) to R4 (High
Density Residential), as such land is shown on the map attached
hereto as Exhibit A and incorporated herein by this reference; and,
WHEREAS, on February 22, 1993, the City Council duly
approved a mitigated Negative Declaration for this project,
attached as Exhibit B and incorporated herein by this reference,
which was prepared and circulated in accordance with the California
Environmental Quality Act (CEQA); and,
WHEREAS, on February 22, 1993, the City council also
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 Planning Commission held a duly noticed
public hearing on Z 93-03 on June 3, 1993, and after that public
hearing voted to recommend that the City Council approve Z 93-03;
and,
THE CITY COUNCIL OF THE CITY OF GILROY HEREBY ORDAINS AS
FOLLOWS:
SECTION I
The City Council hereby finds that the City had properly
taken all actions required by CEQA.
ORDINANCE NO. 93 - 12 -1-
SECTION II
The Zoning Map of the City of Gilroy should be and hereby
is amended to rezone approximately .814 acres located at 8170
Church Street, South of Howson Street and Miller Slough, APN
790-37-015, from R3 (Medium Density Residential) and C3 (Shopping
Center Commercial) to R4 (High Density Residential), as such land
is shown in Exhibit A, and rezoning application Z 93-03 is
approved, subject to the mitigation measures set forth in the
Negative Declaration and the Mitigation Monitoring Program.
SECTION III
The City Council hereby orders the Planning Commission
to review and grant, modify or deny any application for Architect-
ural and Site Approval of any project proposed pursuant to this
zoning.
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 6th day of Ju!~
1993 by the following vote:
AYES: COUNCILMEMBERS: GILROY, ~LE, KLOECKER, ROW~ISON,
VALDEZ and GAGE.
NOES:
COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: NELSON
'Su a E. Steinmetz, City C~.e~k
APPR~;ED:
Donald F. Gage//Mayor
ORDINANCE NO. 93 - 12 -2-
EXHIB IT
A
No Scale
Single-Fgrnily
Residences
Mobile Home park
DMV Storage
Auto Body Shop
Towing
Restaurant
Howson Street
Park and Ride Lot
Restaurant
Miller Slough
Apartment Area
Complex
Motel
Project Site
Single-Family
Residences
LOCATION MAP FOR Z 93-03
EXHIBIT B
Planning Department
NEGATIVE
DECLARATION
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
(408) 848-0440
city File N,,mher: GPA 92-02
PROJECT DESCRIPTION:
Name of Project: DeBell Homes
Nature of Project: General Plan Amendment
PROJECT LOCATION:
Location: 8170 Church Street
Assessor's Parcel Number: 790-37-015
Entity of Persons Undertakinq Project:
Name: Michael DeBell
Address: 5203 1st Ave. NW, Seattle, WA 98107
INITIAL STUDY:
An Initial Study of this project was previously 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, CA 95020
FINDINGS & REASONS:
The Initial Study identified potentially significant effects on the
environment. However, the applicant has agreed to revisions in the project,
or the project has been revised, 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, as revised, may 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 traffic generated from this
project a=e proposed to be mitigated through buildout 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.
MITIGATION MEASURES:
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.
Negative Declaration GPA 92-02
-2- 1!/30/92
2o
The 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.
A noise survey ~hall be conducted prior to any residential buildout for
those properties which are contiguous to a designated City of Gilroy General
Plan "Collector" or "Thoroughfare". The survey information shall be used to
determine the need for any noise attenuation structures or special building
design considerations.
4. The development of the site shall conform to Uniform Fire Code, subject to
the review and approval by the City Fire Department.
5. Prior to the development of the site, the developer shall pay required City
of Gilroy Public Safety impact fees.
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.
7. Prior to the development of the site, the developer shall pay required City
of Gilroy Parks & Recreation impact fees.
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.
The developer shall pay the appropriate water service impact fees, subject
to the review and approval of the City Engineer prior to the issuance of
building permits.
10. The developer shall pay the appropriate sewer service impact fees, subject
to the review and approval of the City Engineer prior to the issuance of
building permits.
11. 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.
12. The developer shall provide for an archaeological reconnaissance of the site
prior to the issuance of any building permits, subject to the approval by
the City Planning Department.
Date Prepared: November 30, 1992
End of Review Period: December 28,1~.~992
Date Approved:
Michael Dorn, Director of Planning
EXHIBIT C ' ', ~ .
MITIGATION MONITORING PROGRAM CHECKLIST
DeBeH Homes General Plan Amendment Initial Study (92-02)
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 Landscaping Future Developers City Planning Director
3 Conduct a noise survey Future Developers City Planning Director
4 Pay public safety impact fees Future Developers City Planning Director
(Fire Protection)
5 Demonstration of adequate Future Developers City Fire Marshal
water pressure and supply
according to Gilroy fire codes
6 Pay public safety impact fees Future Developers City Planning Director
(Police Protection)
7 Negotiation with school district Future Developers City Planning Director
to pa,)' school impact fees
8 Pay parks and recreation Future Developers City Planning Director
impacts fees
9 Storm Drain Improvements Future Developers City Engineer
10 Pay water impact service fees Future Developers City Engineer
11 Pay sewer service impact fees Future Developers Ci,W Engineer
12 Utility improvement plan Future Developers City Engineer
13 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-I2 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 6th day of July , 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
7th day of July
(Seal)