Ordinance 1994-17• L n
ORDINANCE NO. 94 -17
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 34.4 ACRES, APN'S 790 -16 -036,
-059, AND 790 -18 -035
WHEREAS, Silicon Valley Companies has submitted Z 93-
09, requesting an amendment to the City of Gilroy's Zoning Map to
rezone approximately 34.4 acres from R1 (Single Family Residential)
to Rl -PUD (Single Family Residential, Planned Unit Development);
and
WHEREAS, the property affected by Z 93 -09 is located
between Church Street and Wren Avenue, north of Las Animas Park,
and west of Wren Avenue along the future extension of Mantelli
Drive, on APN's 790 -16 -036, -059, and 790 -18 -035, such land being
indicated on a map attached hereto as Exhibit "A" and incorporated
herein by this reference; and
WHEREAS, the City Council certified on August 1, 1994,
in accordance with the California Environmental Quality Act (CEQA) ,
a Negative Declaration for Z 93 -09 with 21 mitigation measures; and
WHEREAS, the Planning Commission held a duly noticed
public hearing on Z 93 -09 on July 27, 1994, and after that hearing
voted to recommend approval of the project; and
WHEREAS, the City Council held a duly noticed public
hearing on Z 93 -09 on August 1, 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 and
voted to approve the project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY
DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE NO. 94 -17 -1-
• • . .
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
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 -09 has been
prepared in accordance with CEQA and reflects the independent
judgment of the City.
SECTION III
A. Z 93 -09 should be and hereby is approved, subject
to the mitigation measures and mitigation monitoring program set
forth in the Negative Declaration attached as Exhibit "B."
B. The Zoning Map of the City of Gilroy is hereby
amended to rezone approximately 34.4 acres from R1 (Single Family
Residential) to Rl -PUD (Single Family Residential, Planned Unit
Development) on property located between Church Street and Wren
Avenue, north of Las Animas Park, and a property west of Wren
Avenue along the future extension of Mantelli Drive, APN's 790-
16 -036, -059, and 790 -18 -035, as such land is indicated in Exhibit
"A".
ORDINANCE NO. 94 -17 -2-
SECTION IV
This Ordinance shall take effect and be in full force
thirty days from and after its adoption and approval.
PASSED AND ADOPTED this 6th day of September, 1994 by the
following vote:
AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ, GAGE
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
APPROVED:
Donald F. Gage, ofieft
ATTEST:
Susanne E. Steinmetz, City C
NO. 94 -17 -3-
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BLDG. N , � •� fr\` � .. - o•
Pla,nning Department
City of Gilroy
NEGATIVE 7351 Rosanna St.
Gilroy, CA 95020
DECLATION (408) 848 -0440
CITY FILE NUMBERS: Z 93 -09 and TM 93 -04
PROJECT DESCRIPTION:
Name of Project: Park commons Subdivision
Nature of Project: Proposed request to rezone 34f acres from R1 (single
Family Residential) to R1 -PUD (Single Family Residential, Planned unit
Development), Tentative Map request to subdivide the property into 214
lots, and a future Planned Unit Development request that +could allow the
development of the project.
PROJECT LOCATION:
Location:. North side of the future extension of Mantelli Drive, west of
Church street, and both east & west of wren Avenue.
Assessor's Parcel Numbers: 790 -16 -036;& 059, and 790 -18 -035
Entity or Person(s) Undertaking Proiect:
Name: silicon valley Companies
Address: 851 East Hamilton Avenue, suite 120, Campbell, CA 95008
INITIAL STUDY:
An Expanded 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.
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 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.
Neg.Dec. Z 93 -09 & TM 93 -04 3 06/03/94
V. The proposed project shall be redesigned by the applicant, subject to
review and approval by the City Planning Department and the city Public
Works Department prior to approval of the tentative map. The redesign
shall accomplish the following:
A. Eliminate or minimize the number of single - family residential lots
fronting arterials (church Street, Mantelli Drive, and wren Avenue);
and
B. Provide access to lot number 201 from a local street.
#8. The design of all street improvements serving the subject site shall be
provided by the developer, subject to the review and approval by the City
Department of Public works. The street improvements shall include, but
not be limited to the following:
A. Construct Mantelli Drive as a four -lane arterial with 74 feet of
pavement and a 94 -foot right -of -way along the project frontage.
Mantelli Drive shall also include a class II bike lane;
B. construct Wren Avenue as a four -lane 86 -foot right -of -way along the
project frontage. Wren Avenue shall also include a class II bike
lane;
C. Construct Church Street as a 70 -foot right- of- way,collector street
along the project frontage;
D. Install an interim left turn lane (stripping) on Church street at the
Church Street /Mantelli Drive intersection;
E. Install STOP signs. on Mantelli Drive at its intersection with Wren
Avenue;
F. Install standard curb cuts, not curb returns, at all private street
ingress /egress points;
G. Install new sidewalks along existing improvements adjacent to Las
Animas Park and at the curb return at the Ronan Avenue /Wren Avenue
intersection; and
H. Locate private cul -de -sacs in the southeast corner of the project site
(private streets G and H) directly opposite each other, not offset.
#9. 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.
#10. The developers shall be responsible for submitting a dust control policy
subject to review and approval by the City Building Department,
consistent with existing City policies and codes, prior to issuance of a
building permit.
Neg.Dec. Z 93 -09 & TM 93 -04 5 06/03/94
#19. Prior to development of the site, the developer shall pay required city
and Parks and Recreation impact fees.
#20. The developer shall be responsible for improvements to Las Animas Park to
mitigate the loss of improved park land. The developer shall prepare a
park improvements plan to include specifications for the following
components:
A. Demolition of the 8,758 square feet of park land to be converted for
improvements to Mantelli Drive right -of -way; -.
B. Las Animas Park frontage and general landscape improvements adjacent
to the extension of Mantelli Drive; and
C. Las Animas Park improvements at the southeast corner of the
intersection. at Mantelli Drive and wren Avenue, to create a large
usable access area at this corner of the.park.
The costs for all improvements to Las Animas Park shall be borne by the
developer and all improvements shall be included in the first and /or
second phase of the proposed project. This park improvements plan shall
be prepared by the developer, subject to review and approval by the City
Parks and Recreation Department and the City Public works Department
prior to issuance of a building permit.
#21. Due to the possibility that significant buried cultural resources might
be found during construction, language shall be printed on construction
drawings to protect these resources, pursuant to review and approval of
the City Planning Department. such language might read as follows:
If archaeological resources or human remains are discovered during
construction, work shall be halted within 50 meters (150 feet) of the
find until it can be evaluated by a qualified professional .
archaeologist. if the find is determined to be significant, appropriate
mitigation measures shall be formulated and implemented.
Date Prepared: June 03, 1994
End of Review Period: July g ,1994
Approved by City Council:
Michael Dorn, Director of Planning
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 94 -17 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 September 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 7th day of September
19 94
9 rtit-inx
/City Clerk of the City of Gilroy
(Seal)