Ordinance 1999-02ORDINANCE NO. 99-2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING AN APPLICATION FOR A CHANGE IN
THE ZONING DESIGNATION FROM R3, MEDIUM DENSITY
RESDENTIAL, TO R3 -PUD, MEDIUM DENSITY
RESIDENTIAL-PLANNED UNIT DEVELOPMENT, ON
APPROXIMATELY 1.11 ACRES, APN 841-12-053
WHEREAS, Robert Martinez, the applicant, submitted application Z98-08 requesting to
change the zoning designation on property identified as APN 841-12-053 from R3 (Medium
Density Residential) to R3-PUD (Medium Density Residential - Planned Unit Development) and
consisting of approximately 1.11 acres; and
WHEREAS, the property affected by Z98-08 is located east of Eighth Street and east of
East Street, such land being indicated on the map attached hereto as Exhibit A; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), an
Expanded Initial Study was prepared for this project which identified potentially significant effects
on the environment, and the applicant included mitigation in the project and has agreed to
individual mitigation measures which will avoid or mitigate the effects to a point where no
significant impact will occur; and
WHEREAS, in accordance with CEQA, a Negative Declaration with six (6) mitigation
measures was circulated in conjunction with this application; and
WHEREAS, the Planning Commission reviewed application Z98-08 at its duly noticed
public hearing on February 4, 1999, and recommended that the City Council adopt the mitigated
Negative Declaration and approve application Z98-08; and
WHEREAS, the City Council held a duly noticed public heating on February 16, 1999, at
which time the City Council considered the public testimony, the Staff Report dated February 10,
1999, and all other documentation related to application Z98-08; and
WHEREAS, the City Council adopted the mitigated Negative Declaration finding that the
Negative Declaration was completed in compliance with CEQA, reflected the independent
· .Hrvl~437086.70 - 1 - ORDiNANCE NO. 99-2
94-022304706002
judgment of the City and that, on the basis of the entire record, there was no substantial evidence
that the project will have a significant effect on the environment; and
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, BE IT RESOLVED THAT:
A. The City Council hereby finds that 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 February 10, 1999.
B. The City Council hereby finds that this project will not be detrimental to the
public welfare or injurious to persons or property in the vicinity.
C. The City Council finds that application Z98-08 should be and hereby is
approved, subject to the six (6) mitigation measures set forth in the Negative
Declaration attached hereto as Exhibit B and incorporated herein by this reference.
~KHr~437006.70 - 2- ORDiNANCE NO. 99-2
94-022304706002
D. The Mitigation/Monitoring Program for the project, attached hereto as
Exhibit C and incorporated herein by this reference, is hereby adopted.
PASSED AND ADOPTED this 15TM day of March, 1999 by the following vote:
ATTEST:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, GILROY
NONE
NONE
APPROVED:
· . ' eGilroy, Mayor !
Rhonda Pellin, CRy Clerk
\KHMW~37086.70 - 3 - ORDINANCE NO. 99-2
94-022304708002
~ ST.
'-I'
OCT ~. ~ 1998
Gilroy Planning Div.
· Site Map
for
Z 98-08, TM 98-11, & A/S 98-39
EXHIBIT A
.... ATTACHMENT 'A
Community Development Department
City of G/lroy
7351 Rosanna St.
Gih-oy, CA 95020
(408) S48,0440
· Planning Division
Negative Declaration
CiB, File NumberS: Z98-08~ TM 98-11
Name of Project:
Nature of Project:
Martinez Duplex Development . ·
Request to subdivide the 1.11 acre site into four (4) parcels and to construct four
(4) duplexes. The proposed subdivision would ultimately result in the
construction of eight (8) residential units with street, sidewalk, utility, and other
subdivision improveraents on the site.
Location:
Assessor's Parcel #:
600 East Eighth Street, east of CheSmut Street.
841-12-053
Entity or Person(s) Undertnkln. Pro_i~l'
Nalile:
Address:
Mr. Robert Martinez
11550 Center 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 environment. A copy of this study is on file at the City of Gikoy Planning
Division, 7351 Rosanna Street, Gilroy, CA 95020.
The Initial Study identified potentially significant effects on the environment However, this project has been
mitigated (see Mitigaion Measures below which avoid or mitigate the effects) to a point where no si_~nificant
effects will occur. There is no substantial evidence the project may have a significant effect on hhe 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 hhrough preparmi0n of special studies, and
construction of off-site improvements.
3.,. The proposed project is consistent with the adopted goals and policies of the G-ilroy General Plan.
4. The Initial Study was independently reviewed by C, ity staff~ and ~ Negative Declaration reflects the
independent judgement of the City of Gikoy.
EXHIBIT B
Film: Z 98-08, TM 98-11, anti
2
.3
4
2 12/10/98
A q, lslified soils engineer shall prepare a soils investigation for the project The recommendations of
the soils investigation shall be incorporated into the final buildin~u plans and shall be reviewed and
approved by the G-ilroy Engineering Division prior to approval of the building peamit.
The foUowing control measures shall be incorporated into my pe~a,lts issued for the proposed project:
A. Water all.active construction areas at least twice daily.
B. Cover all l~ucks hauling soil, send, and other loose materials or require all trucks to maintain at
least two feet of fi'eeboard.
C. Pave, apply water three times doily, or apply (non-toxic) Soft stabilizers-on.all {mpaved access
roads, parking areas and staging areas at construction sites.
D. Sweep daily (with water sweepers) all paved access roads, parking areas end staging areas at
construction sites.
E Sweep streets daily (with water sweepers) if visible soft material is carried onto adjacent public
streets.
F. Hydroseed or apply (n~n-toxic) soil stabilizers to inactive con~irocfion 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 (din, sand,
etc.) -
H. Limit traffic speeds on unpaved roads {o 15 mph.
I. Install sandbags or other erosion control measures to prevent silt runoff to public roadways.
L Replant vegetation in disturbed areas as quickly as'possible.
The applicant sbafll mod/fy the proposed cul-de-sac to enable the provision of four required guest parking
spaces, subject to review and approval by the Gitroy Planning Division prior to tentative map approval.
The following langmage shall be included on any permits issued for the project site, including, but not
limited to, building permits for the future development. "All noise generating construction activities shall
be limited to weekdays between 7 AM and 6 PM, and to weekends between 8 AM and 6 PM. No
construction is allowed on Sundays. In addition, the developer will be required to use temporary, berms
or noise attenuation barriers will be used wbere feasible."
The deVeloper shall have a city approved noise malysis conducted by a qualified noise engineer. The noise
analysis shall be used to detemdne the need for any noise attenuation structures or special building design
considerations. These design considerations shall be incorporated into the overall design of the project,
and shall be submitted for review end approval by the City Planning and Building Divisions prior to the
issuance of a building pa/mit.
Due to the possibility that significant buried cultural resources might be found during construction, the
following lang,,~ge shall be included in any permits issued for the project site, including but not limited
to building ptan~s for the future development, pursuant to the review and approval of the Gilroy Planning
Division:
'If archaeological resources or hualan l'e'wains are di.sc, overed drtlrillg conslz'UCIiOIL work shall be halted at a
minimum of 200 fee/from thc find until it can b~ evaluat~i by a qual/ti~xi professional archaeologist If thc fred
is determined to be sign/ficam, appropriate mitigation measures shall be formulated and implemented."
Date Prepared: Decelnber 10,
End of R~.4ew Period:
Date Approved By City Co _until:
1998
William Faus,
Planning Division Manager
ATTACHMENT BO.
Mitigation Monitoring Checklist
Prior to issuance of a Buil~ling Permit, the following mitigation measures shall be implemented:
1 A q~li~ ~ ~r ~ P~P~ a so~' ~vel~ - .
~o~dafio~ o[ ~e so~ ~v~fi~fion sh~ be ~on
~ ~ew~ ~d approved by ~e
~g Di~ion p~or to
b~g
2 ~e fo~ow~g c~oi me~s ~ be : . ·
mco~orat~ ~to ~y pe~ ~ued for ~e ~velop~ G~oy
propo~ pm~ P~g
~v~ion
~ Wat~ ~ a~ve co~on ~e~ at le~t
~ice d~y..
B. Cover ~ ~ ha~g so~,
Ioo~ mm~ or mq~e ~ ~ to ~a~ at
C. Pave, apply water ~ee ~es d~y, or apply
non-to,c) soft stab~e~ on a~ ~paved access
roads, park~g .areas and. staging areas at
co~cfion sit~.
D. Sw~p d~y (~ water sweeper) a~ paved;
access roads, p~ are~ and s~g areas at
E. Sweep s~e~ daily (wi~ water sweeper) if
v~ible soi! mate~l M c~ onto ad]ac~t pubic
s~.
F. Hydro~eed or apply (non-to,c) so~ stabbers
to ~acfive co~c~on are~ (previously graded
~as ~cfive for ~ days or more).
G. ~close, cover, water twice daffy or apply
(non-to,c) soft b~ to expos~ sto~k~es (di~,
s~d, e~.)
.. H. L~t ~affic spuds on ~paved roads
m ~h. ' '
L ~tall sandbags or o~er erosion conffol
measures to prevent silt runoff to public
madways.
J. Repl~t vegetation ~ dM~bed are~ as
~ possible.
EXHIBIT C
Martinez Duplex Development Mit~'gation Monitoring Program 3
The applicant shall modify the proposed cul-de- Developer Gllro¥
sac to ermble the provision of four required guest . Planning
parking Spaces, subject to review and approval by Division
· e Gllroy Planning Division prior to tentative
map approval
The following language shall be included on any Developer Giiroy
~ermits issued for the project site, including, burl Building
not limited to, building permits for the. futur, Division
development. "All noise generating constrt{ction ;.
activities shall be limited to weekdays between 7
AM and 6 PM, and to weekends between 8 AM
and 6 PM. _No construction is allowed on Sundays.
Ln addition, the developer will be required to use
temporary berms or noise attenuation barriers will
be used where feasible."
The developer shall have a city approved noise
analysis conducmd by a qvzllSed noise engineer. Developer Gilro¥
The noise analysis shall be used tO determine the - Planning
. need for any noise attenuation structures or Division
special buildLng design considerations. These
design considexations shall be incorporated into
the overall design of the p~'ojeet, and shall be
submi~l for review and approval by the City
.Planning and Building DiVisions prior to the
msuance of a bull.ding permiL '
Due to the possibility that si~xtificant buried Developer Gilroy
cultural resources might be found during
construction, the following lan~'uage shall be Planning
included in any permies issued for the proiect site, Division
indudin§, but not limited to building permits for
the future development, pursuant to the review
and approval of the Gilroy Planning Division:
arcrmeolo~lca~ resources or human remains are
discovered during construction, work shall be
halted at a mirtimum.of 200 feet from the find until
it can b~ evaluated by a qualified professional
archaeologist If the find is determined to be
significant, appropriate mitigation measures shall
be formulated and implemented."
Maranez Duplex Development Mitigation Monitqring Program 4
I, RHONDA PELL1N, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 99-2 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, 1999, at which meeting a
quorum was present.
1N WITNESS WHEREOF, ! have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 24th day of March, 1999.
City Clerk of the City of Gilroy
(Sea)