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Ordinance 1999-06ORDINANCE NO. 99-6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN APPLICATION FOR A CHANGE IN THE ZONING DESIGNATION FROM RI, SINGLE FAMILY RESIDENTIAL, AND R3, MED1LTM DENSITY RESIDENTIAL, TO R1/R3-PUD, SINGLE FAMILY RESIDENTIAL/MEDIUM DENSITY RESIDENTIAL-PLANNED UNIT DEVELOPMENT, ON APPROXIMATELY 8.83 ACRES, APN's 790-16-014 and 790- 16-049 WHEREAS, Edith Huang, ("Applicant") submitted application Z99-01 requesting to change the zoning designation on property identified as APN's 790-16-014 and 790-16-049 from R1 (Single Family Residential) and R3 (Medium Density Residential) to R1/R3-PUD (Single Fmnily/Medium Density Residential - Planned Unit Development) and consisting of approximately 8.83 acres; and WHEREAS, the property affected by Z99-01 is located at the northwest comer of Church Street and Ronan Avenue, such land being indicated on the map attached hereto as Exhibit A; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Negative Declaration was adopted by the City Council on February 23, 1993, along with a Mitigation/Monitoring program, which included this project in connection with general plan amendment application GPA 92-03; and WHEREAS, the Planning Commission reviewed application Z99-01 at its duly noticed public hearing on May 6, 1999, and recommended that the City Council approve application Z99- 01; and WHEREAS, the City Council held a duly noticed public hearing on May 17, 1999, at which time the City Council considered the public test'unony, the Staff Report dated April 21, 1999, and all other documentation related to application Z99-01; and \KHMg46120.01 - 1 - ORDINANCE NO. 99-6 954~52704706002 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 April 21, 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. There is no substantial evidence in the record that this project will have a significant effect on the environment. D. The City Council finds that application Z99-01 should be and hereby is approved, subject to the Mitigation/Monitoring Program, attached hereto as Exhibit ~KHM~446120.01 -2- ORDINANCE NO. 99-6 954)52704706002 B and incorporated herein by this reference. PASSED AND ADOPTED this 21st day of June, 1999 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST: Rhonda Pellin, City Clerk ARELLANO, MORALES, ROWLISON, SPRINGER, SUDOL, GILROY NONE GIFFORD APPROVED: K. A. Mik; Gilr~, M~y~r - ~ \KH~446120.01 - 3 - ORDINANCE NO. 99-6 95-052704706002 [HE LTE EXHIBIT A L_ 5( 7/~ 5 /2 Site Map for Z 99-01, TM 97-05, and PUD A/S 99-07 EXHIBIT B Huang General Plan Amendment Initial Study 1VIitigatlon Monitoring Progrnm Introduction On January 1, 1989, the C~l~tornia State Legislature passed into law Assembly Bill 3180. This bill requires public agencies to adopt reporting or monitoring progr.r~s when they approve projects subject to an environmental impact report or a negative declaration that includes mitigation measures to avoid significant adverse environmental effects. The reporting or monitoring program is to be designed to ensure compliance with conditions of project approval during project implementation in order to avoid sigu~ficant adverse environmental effects. The law was passed in response to historic non-implementation of mitigation measures presented in environmental dom~ments and subsequently adopted as conditions of project approval. In addition, monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures. A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measure's compliance. This monitor- ing program is designed to provide a mechanism to ensure that mitigation mea- sures and subsequent conditions of project approval are implemented. Monitorlng Program The basis for this monitoring progrzm is the mitigation measures included in the initial study. These mitigation measures are designed to eliminate or reduce significant adverse environmental effects to levels of insignificance. These mitigation measures4become conditions of project approval which the project proponent is required to complete during and after implementation of the proposed project. The attached checklist (Attachments A and B) is proposed for monitoring the implementation of the mitigation measures. This monitoring checklist will contain all appropriate mitigation measures contained in the initial study. Monitoring Program Procedures It is recommended that the City of Gilroy utilize the attached monitoring checklist for the proposed project The monitoring program should be imple- mented as follows: The City of Gilroy Planning Director should be responsible for coordination of the monitoring progr2m, including the monitoring checklist. The P12nuing Director should be responsible for completing the monitoring checklist and distributing the checklist to the responsible individuals or agencies for their use in monitoring the mitigation measures. Each responsible individual or agency will then be responsible for deter- mining whether the mitigation measures contained in the monitoring checklist have been complied with. Once all mitigation measures have been complied with, the responsible individual or agency should submit a copy of the monitoring checklist to the City of Gllroy Planning Director to be placed in the project file. If the mitigation measure has not been complied with, the monitoring checklist should not 'be returned to the Planning Director. Prior to issuance of an occupancy permit, the Planning Director should review the checklist to ensure that all mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with. An occupancy permit should not be issued until all mitigation measures and additional conditions, of project approval included in the .monitoring checklist have been complied with. If a responsible individual or agency determines that a non-compliance has occurred, a written notice should be delivered by certified mail to the project proponent within 10 days, with a copy to the Planning Director, describing the non-compliance and requiring compliance within a specked period of time. If a non-compliance still exists at the expiration of the spec- ified period of time, construction may be halted and fines may be imposed at the discretion of the City of Gilroy. MITIGATION MONITORING PROGRAM clq~cR~,IST Ho-,,g General Plan Amendment Initial Study (92-03) Prior to issuence of Occup-ncy, the following mitigation shall be implemented: Party Mitigation Nattwe of Mitigation Responsible for Party Responsible for Number Implementation Monitoring 6 Installation of bi ,cycle racks Developer City, Plannin~ Deoartment i i I I 'T MITIGATION MONITORING PROGRAM CFr~C~7,IST Hu--g General Plan Amenrlment l. ltial Study (92-03) Prior to issuance of a Building Permit, the following mitigations shall be implemented: Parry Mitigation Nature of Mitigation Responsible for Party Responsible for Number Implementation Monitoring 1 Preliminary soils investigation Developer City Deparl~uent of Public Works 2 Hydrology study and storm drain Developer City Deparauent of Public improvement designs Works 3 Finish floor elevations to be at Developer City Building Department least one foot above 100-year flood elevation 4 Payment of citywide traffic Developer City Department of Public impact fee Works 5 Street design ~mprovements Developer City Department of Public Works 7 Provision of minimum off-street Developer City Planning Department parkine recuired 8 & 9 Payment of public safety impact Developer City Department cf Public fees Works 10 Negotiate with school district for Developer City Planning Department payment of additional school imvact fees 11 Payment of parks aad recreation Developer City Department of Parks impact fees and Recreation 12 Payment of water service impact Developer City Depamment of Public fees Works 13 Cap all existing on-site wells Developer City Department of Public Works 14 Payment of sewer service ~mpact Developer City DeparU.ent of Public fees Works 15 Archaeological (cultural) Developer City Planning Department lana-aa~e in all permits I, RHONDA PELL1N, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 99-6 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 21st day of June, 1999, at which meeting a quorum was present. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 25th day of June, 1999. City Clerk of the City of Gilroy (Seal)