Ordinance 1998-03ORDINANCE NO. 98-3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY AMENDING THE ZONING DESIGNATION FROM R1
SINGLE FAMILY RESIDENTIAL TO R3-PUD MULTIPLE
FAMILY RESIDENTIAL PLANNED UNIT DEVELOPMENT
ON APPROXIMATELY 1.313 ACRES, A PORTION OF APN
790-04-038, Z97-05
WHEREAS, Beverly Working and Gloria Bentinck, South County Housing Corporation,
the applicants, submitted application Z97-05 requesting to change the zoning designation on a
portion of property identified as APN790-04-038 from R1 (single family residential) to R3-PUD
(medium density residential - planned trait development) and consisting of approximately 1.313
acres; and
WHEREAS, the property affected by Z97-05 is located west of Kern Avenue, between
Mantelli Drive and Tatum Avenue, adjacent to the Santa Clara Valley Water District drainage
channel, such land being indicated on the map attached hereto as Exhibit A; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City
Council on January 5, 1997 in connection with related application M97-12 adopted a Negative
Declaration with eight mitigation measures, for which a Mitigation/Monitoring program has been
prepared, finding that the Negative Declaration reflected the independent judgment of the City and
that, on the basis of the initial study and any comments received thereon, there was no substantial
evidence that the project will have a significant effect on the environment; and
WHEREAS, the Plarming Conunission reviewed application Z97-05 at its duly noticed
public hearing on November 6, 1997 and recommended that the City Council approve application
Z97-05; and
WHEREAS, the City Council reviewed application Z97-05 and all documents relating
thereto and took oral and written testimony at its duly noticed public hearing on January 5, 1998;
and
kKBA\360460.01 - 1 - ORDINANCE NO. 98-3
72-121904706002
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this project approval is based is the office of the
City Clerk.
NOW, THEREFORE, THE CITY COUNCIL HEREBY F1NDS:
A. The zone change is consistent with the land use designation of the General
Plan Map and the policies of the General Plan as fully discussed in the Staff Report
dated October 30, 1997.
B. This project will add to the needed supply of housing for developmentally
disabled citizens in the City.
THE CITY COUNCIL HEREBY ORDAINS AS FOLLOWS:
A. Z97-05 should be and hereby is approved, subject to the mitigation measures
set forth in the Negative Declaration attached hereto as Exhibit B and incorporated
herein by this reference.
B. The Mitigation/Monitoring Program set forth in Exhibit B is hereby
adopted.
PASSED AND ADOPTED this 17th day of February, 1998 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Rhon~ta Pellin, City Clerk
ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, GILROY
NONE
NONE
APPROVED:
Mike Gilroy, Mayor
IKBA\360460.01 - 2- ORDINANCE NO. 98-3
72-12190470§002
Future Street §0'
89"52'~4' £ WEST '1
240.00 ;o " 130.27' 3~
R = 30.00'
I
Mop to Accompany
City oF Gitroy Re-Zoning Application No,
Portion oF Lot 35
Jas A, Clayton & CO's, Subdivision oF Las Anlmas Ranch Lot No, 31
&
P~rt oF Las Anlm~s Ranch Lot 3cj, L~s Animas R(xnc:ho Parti~cion
Superior- Court Cose No; 5536, Santa Clara County, Cali~r'ornia
August 1997 1' =100'
Exibit
Community Development Department
Pl,annmg Division
NEGATIVE
DECLARATION
City File Nttmber: Z 97-05
Name of Project:
Nature of Project:
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
(~08) 848-0440
Villa Esperanza Residential Facility
Request to construct 21 aparunent units on a 1.6 acre parcel
Location:
Assessor's Parcel Numbers: 790-04-038 (portion)
Entity. or Person(s) Undertakino_ Pr~eet:
Name: South County Homing and
Address: 7455 Carmel Street,
Gilroy, CA 95020
InitiaLSm :
West side of Kem Avenue, North of Mantelli Drive, South of Tatum Avenue
Hope Rehabilitation Services
8855 Murray Avenue,
Gilroy, CA 95020
An Initial study of this project was undertaken and prepared for the purpose of ascertaining whether
this project might have a significant effect on the enviroment. A copy of this study is on file at the
City of Gilroy Planning Department, 7351 Rosauna Street, Gilroy, CA 95020.
The Initial Study identified potentially significant effects on the environment. However, this project
has been mitigated (see Mitigation Measures below which avoid or mitigate the effects) to a point
Preliminar3, Negative Declaration
Villa Esperanza
2 9/19/97
where no significant effects will occur. There is no substantial evidence the project may have a
significant effect on the environment. The following reasons will support these findings:
1. The proposal is a logical component of the existing land use of this area~
2. Identified adverse impacts are proposed to be mitigated through preparation of special studies,
and construction of off-site improvements.
3. The proposed project is consistent with the adopted goals and policies of the General Plan of
the City of Gilroy:
The Initial Study was independently reviewed by Cit~ staff, and this Negative Declaration
reflects the independent judgement of the City of Gilroy.
A soils investigation shall be prepared for the project by a qualified soils engineer. The
recommendations of the soils investigation shall be incorporated into the final improvement
plans and shall be reviewed and approved by the City Building, Life and Environmental Safety
Division, prior to approval of the final map.
The design and construction of all storm drainage improvements serving the project site shall
be provided by the project developer, and will be subject to review and approval by the City
Engineering Division, prior to issuance of a building permit. These designplans shall include,
but not be limited to:
· a. Paved areas shall be designed to minimize drainage that is channeled to one location.
Pathway paving shall be porous in nature, wherever feasible.
b. Drainage facilities shall be designed and installed to collect and transport flows away from
the streets and buildings and into approved drainage structures.
c. Provisions for periodic sweeping fi'om driveways and parking areas on the proposed
project site shall be addressed.
The developer shall obtain a Santa Clara Valley Water Dis~ict (SCVWD) pcmdt. Before the
SCVWD permit can be issued, final site plans will need to be submitted to SCVWI) for
engineering review. Two sets of site plans should be submitted that show the grading,
drainage, landscape, and fencing plans for the proposed project. All surface rtmoff from the
project site shal! be routed to an existing storm drain system on Kern Avenue, or as stipulated
by the City Engineering Division. Storm water from the project site shall not be discharged
to the drainage channel adjacent to the project site. Review of the final site plan by the
SCVWD and the Gikoy Engineering Division shall take place prior to approval of
Architectural and Site review.
Preliminary Negative Declaration
Villa Esperanza
3 9/19/97
The following control measures shall be incorporated into any permits issued for the proposed
project:
A. Water all active construction areas at least twice daily.
B. Cover all tracks hauling soil, sand, and other loose materials or require all tacks'to
maintain at least two feet of fi'eeboard.
C. Pave, apply water three times daily, or apply (non-toxic) soil'stabilizers on all unpaved
access roads, parking areas and staging areas at construction sites.
D. Sweep daily (with Water sweepers) all paved access roads, parking areas and staging areas
at construction sites.
E. Sweep streets::daily (with water'sweepers) ifvisible soil material is carded onto adjacent
public streets.
F. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously
graded areas inactive for ten days or more).
G. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles
(dirt, sand, etc.).
H. Limit traffic speeds on unpaved roads to 15 mph.
I. Install sandbags.or other erosion control measures to prevent silt runoff to public roadways.
J. Replant vegetation in disturbed areas as quickly as possible.
Prior to approval of Architectural and Site review, the project applicant shall provide the
Giiroy Planning Division documentation to support the proposed plan for a lower number of
parking spaces than is required for a residential project with a similar number of residential
units.
The project applicant shall provide a sidewalk on the west side of Kern Avenue across the
project site fi'ontage to the south to connect with the existing sidewalk located near the
Mantelli Drive/Kern Avenue intersection. The desig~a and location of this sidewalk shall be
submitted to the Gikoy Engineering Division prior to the approval of Architectural and Site
review.
Due to the possibility of adverse short-term noise impacts from consmaction, the following
language shall be included in any permits issued for the project site, including, but not.limited
to building p~m/ts for the future development. "Nois~ generating construction activities are
limited to weekdays between 7 a.m. and 6 p.m. Limit noise generating construction activities
to weekends between 9 am. and 6 p.m."
Due to the possibility that significant bur/ed cultural resources might be found during
construction, the following language shall be included in any permits issued for the project site,
including, but not limited to building p~w,its for the future development, pursuant to the
review and approval of the Gilroy Planning Division: "If archaeological resources or human
rell~ain~ are discovered during construction, work shall be halted at a minimum of 200 feet
Preliminary Negative Declaration
Villa Esperanza
4 ' 9/19/97
from 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: September 19, 1997
End of Review Period: October 15, 1997
Date Approved By City Council:
William Faus
Planning Services Manager
Mitisation Monitoring Checklist A
'Prior to issuance of Arctiitectural and Site Review, the following mitigation
measures shall be implemented:
3 ~e proje~ developer s~ ob~i~ a S~ta Cl~a ~veloper G~oy
V~ey Water Di~ (S~) pe~t. Before ~ee~g
the S~ pe~t c~ be isled, ~nal site ~v~ion
plus ~ need to be ~b~ed ~ S~ for
en~ee~ re~ew~ ~o sets of ~te pl~n~
, shoed be subdued ~at show ~e ~a~g, Valley Water
~a~, ~&~pe, ~d fen~g plus for ~e D~ct
proposed p~je~. ~ s~a~ ~off~om ~e
proje~ ~ sh~ be round ~ the ~ e~s~g
~o~ ~.i. system on ~ Avenue, or ~
s~p~ated by ~e Ci~ of G~y E~ee~g
Di~on. Sto~ water ~om ~e p~je~ site sh~
not be &s~ed ~ the ~inage ~nnel
adjacent ~ the proje~ site. ~ew of the ~
site pl~ by the SC~ ~d ~e G~oy
En~ee~g Dillon sh~ t~e place p~or to
approv~ of ~~ ~d si~ renew.
5 P~or to the app~v~ o~ ~Mte~ ~d ~te Developer
renew, ~e p~je~ apphc~t sha~ pro.de ~e Plug
~ion
G~y pl.--ing Di~sion d~enta~on to
sup~ ~e p~po~d pl~ for a lower n~ber of
p~g spaces thz. is req~ed for a residen~
proje~ ~ ~iml]~ n~ber of r~ao-~-I ~ts.
6 ~e proje~ appU~t sh~ pm~e a sidew~' Developer G~oy
on ~e we~ ~de of K~ Avenue a~oss ~e ~ee~
p~j~ ~te ~on~ ~d to ~e sou~ ~ co~e~ Div~ion
~ ~e e~g sidew~ lo.ted ne~ ~e
M~tel~ D~v~ Avenue ~ters~on. ~e
, de~ ~d l~on of ~s ~dewa~ sh~ be
submi~ed ~ ~e Gfl~y En~ee~g Di~on
p~or ~ the app~v~ of ~M~ ~d site
EMC Planning Group Inc.
Mitiga~_~ Monitoring Program Villa Esperanza Residential Facility Initial Study
Mitigation Monitoring Checklist B
Prior to issuance of a Building Permit, the following mitigation measures shall be
implemented:
A so~ ~ves~on s~ be pr~p~d for ~e ~v~oper G~oy
proj~t by a q,~lif~d so~ ~r. ~e B~g
r~o~fio~ of ~e so~ ~v~on s~ be Div~ion
mco~omtefl ~to ~e ~ b~g p~ ~d ~a~
be reviewed ~d approv~ by ~e G~oy
~g Div~ion ~fior to hsu~ce of a
~e d~i~ ~d co~efion of ~ sto~ ~a~ Develop~ G~y
~prov~ se~g ~e propo~ project site ~ee~g
s~ be provided by ~e project developer, ~d ~vsion
wffi be subject to review ~d approval by ~e
G~oy ~ee~g Div~ion prior to ~u~ce of a
buffer pe~t. ~ese desi~ p~ ~ ~dude,
but not be ~ted to:
A. Paved are~ s~ be desired to ~e
~a~age ~at ~ ~eled to one l~a~on.
Pa~way pav~g sha~ be poro~ ~ na~,
wherev~ feasible.
B. D~ge raffles sha~ be desired ~d
~ta~ed to co~t ~d ~po~ flows away
~om ~e s~e5 ~d b~d~gs ~d
approved drayage s~c~.
· C. Pmv~io~ for pe~°~e sw~g ~om
driveways ~d p~g a~ on ~e proposed
proj~t site sh~ be add~ss~.
MMP-4 EMC Planning Group Inc.
Villa Esperanza ResidenH~_! Facility Initial Study Mitigation Monitoring Program
4 The followin~ control measures shall be Developer Gilroy
fncorporated into any permits issued for the Plannin§
proposed project: Division
A. Water all active construction ~reas at least
twice daily.
B. Cover all trucks ha-]i-g soft, sand, and
other loose materials or require all trucks to
maine.in at least two feet of freeboard.
C. Pave, apply water three times ~.ily, or apply
non-toxic) soil stabilizers on all unpaved access
roads, parking areas and staging areas at
construction sites;
D. Sweep d~ily (wit~ water sweepers) all paved
access roads, parking areas and staging areas at
construckion sites.
E. Sweep sweets dally (with water sweepers) if
visible soil material is c~rried ont~ adjacent
public sweets.
i F. Hydroseed or apply (non-toxic) soil
stabilizers to inactive construction areas
(previously graded areas inactive for ten days or
more).
G. Enclose, cover, water twice daily or apply
(non-toxic) soil binders to exposed stockpiles
(dir~, sand, etc.)
H. Limit Waflic speeds on unpaved roads to 15
mph.
L Install sandbags or other erosion control '
measures to prevent silt runoff to public
roadways.
J. Replant vegetation in distarbed areas as
quleldy as possible.
7 The foLlowinl~ lan~'ua~e shall be included on any ' 'Develolver Gilroy
permits issued for the pro}ect site, including, but Planning
not limited to, building permits for the future Division
development. "All noise generating construction
activities shall be limited to weekdays between 7 Gilroy
AM and 6 PM, and to weekends between $ AM Building
, and 6 PM. Division
EMC Planning Group Inc. MMP - ~
~ Re~!de,~/Fa~fllty Initial Study
Monitorin~ Program
Due to the possibility that significant buried Developer Gilroy
~ltural resources dXight be found during Planning
-,nstruction, the following language shall be Division
u~cluded in any permits issued for the project site,
including, but not limited to building permits for
the/uture developmant, pursuant to the review
and approval of the Gilroy Planning Division:
"If archaeological resources or human remains are
discovered durin$ construction, work shall be
halted at a minimum of 200 feet from the find until
it can be evaluated by a qualified professional
archaeologist, tf the find i~ determined to be
significant, appropriate mitigation measures shall
be formulated and implemented."
MMP-6 EMC Planning Group Inc.
I, RHONDA PELL1N, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 98-3 is an original ordinance, duly adopted by the Council of the City of Gilroy at
a regular meeting of said Council held on the 17th day of February, 1998, at which meeting a
quorum was present.
1N WITNESS WHEREOF, I have hereumo set my hand and affixed the Official Seal of
the City ofGilroy this24th day of February, 1998,
City Clerk of the City of Gilroy
(Seal)