Ordinance 1994-08ORDINANCE NO. 94 -8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY REZONING FROM R1 (SINGLE FAMILY
RESIDENTIAL) TO R1 -PUD (SINGLE FAMILY
RESIDENTIAL, PLANNED UNIT DEVELOPMENT) ON
APPROXIMATELY 13.4 ACRES, APNs 783 -21 -005 and
-006
WHEREAS, Willard Homes has submitted Z 93 -10, requesting
an amendment to the City of Gilroy's zoning map to rezone
approximately 13.4 acres from R1 (Single Family Residential) to R1-
PUD (Single Family Residential, Planned Unit Development); and
WHEREAS, the property affected by Z 93 -10 is located on
the west side of Santa Theresa Boulevard, on APNs 783 -21 -005 and
-006, such land being indicated on a 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 hereto as Exhibit
B and incorporated herein by this reference; and
WHEREAS, the Planning Commission held a duly noticed
public hearing on Z 93 -10 on May 5, 1994 and after that public
hearing voted to recommend that the City Council adopt the Negative
Declaration and to approve the project; and
WHEREAS, this City Council held a duly noticed public
hearing on Z 93 -02 on May 16, 1994, at which public hearing the
Council considered the project and the conditions proposed to be
attached to its approval along with staff reports, public testimony
and documentation or other evidence on the project.
FOLLOWS:
THE CITY COUNCIL OF THE CITY OF GILROY HEREBY ORDAINS AS
SECTION I
The project is consistent with the Gilroy General Plan
because it conforms to the land use designation for the property
on the General Plan Map, and it is consistent with the intent of
ORDINANCE NO. 94 -8
-1-
the text, goals, and policies of the General Plan documents.
SECTION II
The City Council hereby adopts the Negative Declaration set
forth in Exhibit B and thereby adopts the mitigation measures and
mitigation monitoring program contained therein, finding as
follows:
1. The Negative Declaration for this project
reflected the independent judgment of the City; and
2. There was no substantial evidence before the
City Council that the project as mitigated may have a significant
effect on the environment; and
3. The Negative Declaration for Z 93 -10 has been
prepared in accordance with CEQA and reflects the independent
judgement of the City.
SECTION III
A. Z 93 -10 should be and hereby is approved, subject to the
mitigation measures and mitigation monitoring program set forth in
Exhibit B.
B. The Zoning Map of the City of Gilroy is hereby amended
to rezone approximately 13.4 acres from R1 (Single Family
Residential) to R1 -PUD (Single Family Residential, Planned Unit
Development) , on property located on the west side of Santa Theresa
Boulevard, on APNs 783 -21 -005 and -006, as such land is indicated
in Exhibit A.
SECTION IV
This ordinance shall take effect and be in full force
thirty days from and after its adoption and approval.
ORDINANCE NO. 94 -8
CPM
PASSED AND ADOPTED this 6th day of June, 1994 by the
following vote:
AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ, GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ATTEST:
d
/ Susanne Steinmetz, City Cler
NO. 94 -8
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SITE MAP FOR Z 93 -109
TM 94019 AND A/S 94-07 (P U ®) _
EXHIBIT A
enw
City of Gilroy
NEGATIVE 7351 Rosanna St.
Gilroy, CA 95020
DECLARA (408) 848 -0440
ON ( revised)
CITY FILE a0lo;SRS: z 93 -10 and 2K 94-01
PROJEC'� DBSCRZPTZOB:
Name of Project: Heritage Place Subdivision
mature of Project: Proposed request to rezone 13t acres from R1 (single
Family Residential) to RI-POD (single Family residential \ Planned Unit
Development).
PROJECT LOCATION:
Location: West side of Santa Teresa Boulevard, north of Mantelli Drive.
Assessors Parcel Numbers 783 -21 -005 and 006.
Batity or Person[sl Undertakina Project:
Flames Willard Haines
Address: Post office Box 115, Morgan-Mill, California 95038
INITIAL STUDY:
An INpanded 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, Gilroy, California.
FnWXNGS a 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 fallowing list of
M=GATION mmsuREs, 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 R1 (Single Family Residential) to R1 -PUD
(single Family 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
neighboring parcels of land or adjacent developed residential
properties; and
D. All potential significant effects can be mitigated to reduce them to an
insignificant level of impact.
E LIMIT B
Reg.Dec. Z 93 -1 TM 94 -01 2 04/25'/94
revised
tdtiaation Measures:
1. The proposed 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. The developer shall conduct a detailed design level soils investigation for
the project site to ensure that structure foundations and subsurface
improvements are appropriately designed to withstand the expansive nature
of the on -site soils and to ensure that grading and excavation plans are C
properly engineered..: Recommendations of the soils investigation shall be
incorporated ito future improvement plans for the project site subject to
the review and approval of the City Building Department prior to approval
of the final subdivision map.
3. The developer shall include existing trees with a twenty inch or more
diameter in the landscaping plans for the proposed project, subject to the
review and approval by the City Planning Department, via the Architectural
and site Review process, prior to issuance of a building permit.
4.. The developer shall pay the appropriate traffic impact fee, subject to the
approval of the City Department of Public works prior to the issuance of a
building permit.
S. The design of all street improvements serving the project site shall be
provided by the developer, subject to the review by and approval of the
City Department of Public works.
6. The developer shall incorporate the following access and circulation
recommendations into the final improvement plans, subject to the approval
of the City Department of Public works prior to the issuance of a building
permit.
A. Provide hammerhead type turn - around areas at each dead -end street to
reduce the use of private driveways for turning around and to reduce
vehicles travelling in reverse.
B. Prohibit parking along private streets and private driveways throughout
. the project site.
C. Cluster parking spaces off - street throughout the project site.
7. The contractor specifications for the proposed project shall be submitted
to the Building Department for approval prior to the issuance of a building
permit for the proposed project. The contractor specifications shall
include the following particulate emission measures:
Peg.Dec. Z 93 -1 ZX 94 -01 3 04/25/94
revised
A. Exposed earth surfaces shall be watered during clearing, excavations,
grading, and construction activities. watering of exposed earth
surfaces could reduce particulate emissions as much as 50 percent. All
construction contracts should require watering in late morning and at
the end of the dap. The frequency of watering should increase if wind
speeds exceed 15 miles per hour;
B. Throughout excavation activity, haul trucks should use tarpaulins or
other effective covers at all times; and
'
C. upon completion of construction, measures shall be taken to reduce wind
and water erosion.
8. The developer shall incorporate noise attenuation measures into the final
- improvement plans to ensure that indoor and outdoor noise levels at each
lot along Santa Teresa Boulevard are below the maxims m noise level as
specified by-the city•s General Plan. These measures may include the use
of distance setbacks, noise attenuation walls, and /or be=ing to reduce
noise to acceptable levels. These measures shall be included in the final
improvement plans subject to the review and approval by the City Planning
Department, via the Architectural & site Review process, prior to approval
of the final subdivision map.
9. The developer shall be responsible for incorporating the following noise
attenuation measures during construction of the proposed project to
protect noise - sensitive land uses against the encroachment of obtrusive or
°excessive levels of noise, subject to the review and approval of the city
Building Department and the City Planning Department prior to the issuance
of a building permit. These measures shall include:
A. Limit construction hours. to weekdays between 7 a.m. and 7 p.m.; and
B. use temporary berms or noise attenuation barriers where feasible.
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dietriet- Whiek- mer- 4nelede- ) impeee -fees, 2) dedieetses- ef- lendr -3t
feeilit"er- eadfer- 4t- egeipmenty _
irr Prior to development of the site, the developer shall pay required city of
10. Gilroy Public safety impact fees.
i3v Future development shall meet all water supply and water pressure
11. , standards as contained in the Uniform Building Code, subject to the review
and approval of the City of Gilroy Fire Department prior to the issuance
of a building permit.
Neq.Dec. Z 93 -11 1M 94 -01 4 04/25/94
revised
ird* Development plans shall include the installation of on -site fire
12 „ hydrants. The following improvements are required by the Gilroy Fire
Department:
A. Provide an additional fire hydrant next to Lot 31; and
B. Provide an additional fire hydrant on saute Teresa Boulevard at the
southeast corner of the project site.
improvement plans shall be subject to the review and approval by the
City Public works, Fire, and +�a +�q Department prior to recordation of ;
the Final subdivision Map.
*4v The proposed project shall conform to the uniform Fire Code, subject to
13. the review and approval by the Gilroy Fire Department prior to the
issuance of a building permit.
*S: Prior to the development of the proposed project site, the developer shall
14. pay required city of Gilroy Parks and Recreation impact fees.
i6v The developer shall pay the appropriate water development fees, subject to
.13. review by the City Department of Public works prior to the issuance of a
building permit.
&*v The developer shall dedicate a 10 -foot wide public utility easement along
the-public roadway and private street rights -of -way, subject to the review
and approval by the City Department of Public works prior to approval of
the final subdivision map.
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17. All ezistina on -site wells shall be permanently canned in compliance with
the standards set forth by the Banta Clara valley water District and the
City Department of Public works prior to the issuance of a building
permit. _
1-9T The developer shall pay the appropriate sewer development fees, subject to
18. review by the City Department of Public works, prior to the issuance of a
building permit.
88T Prior to development of the site, the developer must obtain sufficient
19. sewer allocation to serve the proposed project and will be required to pay
City of Gilroy sanitary sewer connection fees.
tteg.Dec. z 93 -1 TM 94 -01 5
04/25%94
revised
g54 The design of all sewer line improvements serving the proposed project
20. site shall be provided by the developer, subject to the review and
approval of the city Department of Public storks prior to the recordation
of the final subdivision map.
22v Prior development of the site, all existing septic systems shall be
21. removed form the property, subject to the review and approval by the Santa
Clara county Health Department and the city Building Department.
23T The developer shall :.pay the appropriate storm drain development fees,
22. subject to review by. the City Department of Public works prior to the
issuance of a building permit.
24T The developer shall provide designs of all storm drainage improvements
23. serving the proposed project site. The improvement plans shall be subject
to the review by and approval of the City Department of Public works prior
:.. =:to the approval of the final subdivision map.
LLST The developer shall have a hydrology ..study prepared by a qualified
24. hydrologist. This hydrology study shall accompany the improvement plans
for the proposed project, subject to the review and approval by the city
Department of Public works prior to approval of the final subdivision
map. The hydrology study shall include the following:
::.A. identification of the project site and applicable watershed boundaries;
a. A discussion of existing drainage patterns and existing drainage
infrastructure on the project site and in the surrounding area;
c. calculations of existing drainage volume from the project site and the
surrounding area.;
D. Calculations of post - development drainage volumes for the proposed
project and surrounding areas based on general plan build -out;
E. identification of on -site and off -site drainage improvements necessary
to serve the proposed project. All necessary drainage infrastructure
shall be sized to accommodate the proposed project and the surrounding
area; and _
F. An analysis of the drainage facilities needed to allow the overland
flow from the 100 -year event to route through the subdivision.
26T The developer shall construct the retaining wall along the northerly
25. property line with materials approved by the city of Gilroy Department of
Public works and city Building Department. The developer must obtain
approval of materials prior to the issuance of a building permit.
Neg.Dec. Z 93 -10 1 94 -01
04/25/94
revised
a*v The developer shall demonstrate that all backyard drainage will be
26..directed to the private streets. No drainage will be allowed to cross any
property lines. This requirement shall be included in the final
improvement plans subject to review and approval by the city Department of
Public works prior to the approval of the final subdivision map.
28. The developer shall apply for and obtain a General Permit for storm water
Discharges Associated with construction Activityo. by submitting a
completed watice -cf- intent (Poi) form and navaent of $500 to Arm the
Regional water Quality control Board prior to the issuance of a building;
permit. Further, the developer shall be reanired to comply with the terms
of this permit durina and after construction of the project which include,
but are not limited to, the following:
A. The use of water_auality controls (i.e., Best Management Practices
both during and after construction such as:
• Stabilizina denuded areas prior to the wet season (October 1 through
may 11;
• Limiting construction access routes and stabilizing access points:
• Protectina adiacent properties with sediment barriers, dikes, or
mulching:
• stabilizina and preventina erosion fram temporary conveyance channels
and outlets:
e using proper construction material and construction waste storage,
bandlina. and disposal practices:
• Protect outdoor storage materials from drainage with berms and roof
covers:
• use appropriate landscape controls (irrigation and application of
fertilizers. herbicides, and pesticides): and
• Install structural storm water treatment controls such as wet ponds,
swales. veaetated filter strips, extended detention basins. and /or
sand filters:
a. Performance of routine visual monitorina of these controls: and
C. submittal of an annual report. documentina all surface water drainage
information to the State water Resources control Board.
29T Due to the possibility that significant buried cultural resources might be
28. found during construction, the following language shall be included in any
permits issued for the project site, including but not limited to building
permits for the future development, pursuant to the review by and approval
of the City Planning Director. The following language shall be printed on
all grading and construction plans prior to building permit issuance:
"Zf archaeological resources or human remains are discovered
during construction, work shall be bolted within 150 feet of
the find until it can be evaluated by a quallfied
professional archaeologist. Zf the find is .deteracined to be
significant, appropriate mitigation measures shall be
formulated and implemented."
M
0
neg.Dec. Z 93 -1 TM 94 -01 7 0044/25/94
rerlsed
29. she Developer shall construct finished floor elevations at least one -foot
above the 100 --year flood elevations as delineated on the ezistinv Flood
Insurance Rate Maps [FIRM) produced by the Federal msergency'Management
Agency (PWQ) .
30. she developer shall be responsible for submitting two sets of the revised
tentative may to the Santa Clara valley Crater District shooing all storm
water drainage improyements. and obtain a permit from the Santa clam
valley water District prior to the issuance of building permit by the city
C: ` of ailro9.
original Date Prepared: March,9, 1994
End of Review Period: April 7,1994
Revised: April 25, 1994
• Approved by city Council: Michael Dorn, Director of Planning
Attachment A
Ivy CONOIN 10 100 V 0) It IC4
Heritage Place Subdivision Rezoning Initial Study (Z 93-10)
Prior to approval of Final Subdivision Map and Improvement Plans, the
following mitigations shall be implemented:
Mitigation
Number
Nature of Mitigation
Responsible for
per' Responsible for
Implementation
Monitoring
Conduct a soils investigation.
2.
Incorporate recommendations of the
Developer
City Building Department
soils investigation into future
improvement plans.
Provide the design of all street
5.
improvements serving the project
Developer
City Public Works
Department
Incorporate the access and
6.
circulation recommendations
Developer
City Public Works
contained in Section 5.5.
Department
inelwi measures to ensure that
indoor and outdoor noise levels at
each lot are.below the
City Building Departmen
S.
noise level as specified by the city's
Developer
general plan based on the general
City Planning Department
plan build -out traffic and noise
uroiections.
City Public Works
4&
Development plans shall include
Department
the installation of on -site fire
Developer
City Fire Department
hydrants.
Citv Building Department
X'
easement along 10-foot
th public utility
public roadway
Developer
City Public Works
and Private street rights of way.
Department
Provide the design of all sewer line
2&
improvements serving the proposed
Developer
City Public Works
ro'ect site.
Department
P
Provide the design storm
drainage serving the
_ Developer
City Public Works
proposed project site.
Department
Have a hydrology study prepared
by a qualified hydrologist to
25.
accompany the improvement plans
Developer
City Public Works
2&
for the proposed project The
Department
hydrology study shall include the
sions made in Section 5.7.7.
Mitigation
Number
Nature of Mitigation
-
Party for
Party Responsible for
Monitoring
Implementation
Demonstrate that all backyard
drabiage will be directed to the
Developer
City Public Works
private streets. No drainage will be
Departznent
allowed to cross any lines ,
I
0
Attachment B
MITIGATION MONITORING PROGRAM CHECKLIST
Heritage Place Subdivision and Rezoning Initial Study (Z 93-10)
Prior to issuance of a Building Permit, the following mitigations shall b
implemented: -
Mitigation,
Nature of Mitigation
ga '
p�
Responsible for
part' ���ble for
Implementation
Monitoring
ring
Development designed in
1.
accordance with earthquake design
Developer
City' Building "Department
re ations.
Include existing trees with a 20-
inch or more diameter in the
City Planning Department
S.
landscaping plans for the proposed
Developer
Architectural & Site
ect.
Review Process
4.
Pay appropriate traffic impact fee.
Developer
City Public Works
Department
The contractor specifications for the
proposed project shall be submitted
to the City Building Department
?.
and shall include the three
Developer
City Building Departmen "
particulate emission measures
contained in Section 5.5 of the
initial stadv.
Incorporate noise- attenuation
measures contained in Section 5.6
during construction of the proposed
City Planning Department
9.
project to protect noise- sensitive
Developer
land uses against the encroachment
City Building Department
of obtrusive or excessive levels of
noise.
Dmelep
Qikay Unified Saba
District
Saban] Di
"ape- -L;h �;=;;id, fl," he
1k
Pay public safety impact fees. (Fire
and Police Protection).
:' 'Developer
City Building Department
T
VY �
S`
C
Mitigation
Number
t
Nature of Mi ' tion
Ply
Responsible for
PartY Responsible for
Implementation
Monitoring
Development shall meet all water
supply and water pressure
City Fire Department
ly
standards as contained in the
Developer
City public Works
Uniform Building Code.
Department
Gilroy Fire Department
�4
1$.
The development of the site shall
conform to the Uniform Fire Code.
D�opm,
City Public Works
Department
Citv Building Department
46,
Pay parks and recreation impacts
fees.
Developer
City Building Department
1�.
Pay water impact service fees.
Developer
Public Works Department
48.
Public Works Department
Rhandamad in accoyda.;.- Z.
Alt eidstina on -site wellsahaMn
Developer
Santa Clara V ley Water
neManentivv MR°ed in MMRU- =
with the standards set fQrth by the
Santa Clara Valley Water District
and City 32 z!a=fmt of Pt hlic
Wow• (Revised be Comment's
4'
A
Pay sewer service impact fees.
Develo Pm'
City Public Works
Department
Obtain sufficient sewer allocation to
the Proper project, and
Developer
City Public Works
�'
sanitary sewer connection fees.
Department
P
Prior to development of the site, all
City Building Department
2L
existing septic systems small be
Developer
Santa Clara County health
removed from the property.
2&
Pay storm drain service impact
fees.
Developer
P�
—Department
City
D Public Works
Department
Construct the retaining wall along
the northerly property line with
City Public Works
2L
materials approved by the City of
Developer
Department
Gilroy Department of Public Works
and Citv Building Department.-
City Building Department
Mitigation
Nuniber
Nature of Mitigation
Party
nNI for
on
Party Responsible for
Monitoring
Obtain a "General Permit for Storm
Water Discharge Associated with
Construction Activity- bI
2L
Developer
City Public Works
Department
Wd Raymot of $500 to irm the
pd*effiftl water Q Biwa
Hat= B&== Control Board.
rtauired to comply with the terms
gf this V=it during and after
=struction of the nroiecL
Due to the possibility that
sigoificant buried cultural
2A
2L
resources might be found during
construction, the archaeological
language contained in Section 5.8 of
the intial study shall be included in
any permits issued for the project
Developer
City Planning Department
QM=Ct:r3niSb2d J12U M" (ma
MMAI (Added per Comment 3)
Submit two sets of the revised
Tentative Man to the Santa GIM
storm water dXRiQ=
imorovements and obtain a RCM]jt
Santa Clara Valley
fimm- and the a2ZMXgJ of the Snta
C1= Valley Eau DistticL
(Added per Comment 6)
' ' ^/
�
~
,
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 94 -8 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 June 19 94,
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 10th day of June
19 94
.1 1 z LK �' -
City Clerk of the City of Gilroy
(Seal)