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Ordinance 2000-13ORDiNANCE NO. 2000-13 AN ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF G1LROY APPROViNG AN APPLICATION FOR A CHANGE IN THE ZONING DESIGNATION FROM R1, SINGLE FAMILY RESIDENTIAL, TO RI-PUD, SINGLE FAMILY RESIDENTIAL- PLANNED UNIT DEVELOPMENT, ON APPROXIMATELY 9.78 ACRES, APN 790-04-070 WHEREAS, Cotswold L.L.C., the applicant, submitted application Z00-05 to change the zoning designation on property identified as APN 790-04-070 from RI, (Single Family Residential) to RI-PUD (Single Family Residential - Planned Unit Development) and consisting of approximately 9.78 acres; and WHEREAS, the property affected by Z00-05 is located on the northeast comer of Santa Teresa Blvd. and Mantelli Drive; and WHEREAS, in accordance with CEQA, a Negative Declaration, along with a Mitigation Monitoring program, was adopted by the City Council on October 18, 1999, which included this project in connection with tentative map application TM 99-10; and WHEREAS, the Planning Commission reviewed application Z00-05 at its duly noticed public hearing on August 3, 2000, and recommended that the City Council approve application Z00-05; and WHEREAS, the City Council held a duly noticed public heating on August 7, 2000, at which time the City Cotmcil considered the public testimony, the Staff Report dated July 28, 2000, and all other documentation related to application Z00-05; 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 IGMB\490030.1 - 1 - Ordinance 2000-13 01-081604706002 land use designation of the General Plan Map and the policies of the General Plan as fully discussed in the StaffReport dated July 28, 2000. 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 hereby finds that 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 Z00-05 should be and hereby is approved, subject to the seven (7) mitigation measures set forth in the Negative Declaration and the MitigatimVMonitofing Program, attached hereto as Exhibit A and inco~omted herein by this reference. PASSED AND ADOPTED this 18th day of September, 2000 by the following vote: AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO, MORALES, PINHEIRO, SUDOL, VELASCO, SPRINGER NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE NONE APPROVED: Thomas W. Springer, Iddor' ~- Rhohda Pellin, City Clerk \GMB\490030.1 -2- Ordinance 2000-13 01-081604706002 08/22/2000 12:52 4088a6042B CITY OF GILROY CDDMU PAGE Community Development Department Planning Division Negative Declaration City File Number: TM 99-10 City of Gilroy 7351Rosanna St. Oikoy, CA95020 (408) 848-0440 ~ect Descr~flon Name of Project: Cotswold Court Subdivision (by Dividend Homes) Nature of Project: Subdivision of 9.78 acres into 12 single-family residential lots, and two remainder parcels. Buildout of the proposed 12-unit subdivision and furore phases (totalling 33 un/ts) would result in the construction of 45 total residential units w/th street, sidewalk, utility, sound wail, and other improvements on and offof the site. Project Location Location: Assessors Parcel #: Mantelli Drive (northeast comer at Santa Teresa Boulevard). 790-04-070 Entltv or Person(s} Undertaking Proiect Name: . Mr. Skip Spiering (% Dividend Homes, Inc.) Address: 275 Saratoga Avenue #105, Santa Clara CA 95050 Initial Study An Initial Study of this project was undertaken and prepared for the purpose of ascertaining whether this project aright have a significant effect on the environment. A copy of this study is on file at the City of Gilroy Planning Division, 7351 Rosauna Street, Oilroy, CA 95020. Findlnes & Reasons The Initial Study identified potentially sigmficant effects on the environment. However, th~s project has been mitigated (see Mitigation Measures below wbgeh avoid or mitigate the effects) to a point 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 £mdiags: 08/22/2000 12:52 CITY OF GILROY CDDHU PAGE 13 Dra~ Negative Dec]oration File: TM99-10 2 8/06/99 1. The proposal is a logical component of the existing land use of tkis area~ 2. Identified adverse impacts are proposed to be mitigated through preparation of special studies, as well as through construction of off- and on-site impmveuaents. 3. Tlae proposed project is consistent with the adopted goals and policies of the Gfkoy General Plan. 4. The lxtitial Study was reviewed by City staff, and this Negative Declaration reflects the independent judgement of the City of Qikoy. Mitigation Measures l. Permits issued fa: the proposed project and project plans shall incorporate the following measures that shall be implemented during construction. · Water all active construction areas at ]east twice daily. · Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. · Pave, apply water tbxee times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. · Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas ~t construction sites. · Sweep streets daily (with water sweepers) if visible soil material is eanried onto adjacent public streets. · Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more). Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (d~, sand~ etc.) · Limit traffic speeds on unpaved roads to 15 mph. · Install sandbags or other erosion control measures to prevent silt runoff to public roadways. · Replant vegetation in disturbed areas as quickly as possible. The following language shall bc included m any permits issued for thc project site, including, but not limited to building permits for futur~ development, pursuant to review and approval of the Gilroy Planning Division: "If archaeological resources or human remains ate accidentally discovered during construction, work shall be halted within 50 meters (150 feet) of the fred until it can be evaluated by a qualified professional archaeologist. If the fred is determined to be significant, appropriate mitigation measures shall be formulated and implemented." The recommendations of the geotechnical investigation (Terrasearoh, May 1999) shall be incorporated into the final building plans and shall be reviewed and approved by the Oilroy Engineering Division prior to approval of the building permit. 08/2~/2000 ~2:~2 ~0~8~0~29 CITY OF ~ILRO¥ ~DD~U PA6E Draft Negative Declaration File: TM 99-10 8/06/99 The project applicant shall subm/t a Notice of Intent and plans to the Central Coast Regional Water Qual/ty Control Board, and implement a Storm Water Pollution Prevention PIan that uses storm water ~Best Management Practices" to control runoff, erosion and sedimentation from the site. The applicant shall submit phms for review and approval by the Santa Clara Valley Water District and the City. Construct sound walls and utilize proper site layout design to reduce exterior noise levels generated by traffic to comply with noise level standards for residential outdoor use areas and the noise assessment by lllingworth & Rodkin (August 1999). The heigl~t and length of these sound walls shall be determ/ned through, an acoustical analysis that accounts for futt~e traffic conditions and fh'~al construction plans of the project site roadways once specific design details are known. The applicant shall provide the detailed analysis of the necessary sound walls during the design phase of the project, prior to issuance of building permits. 5b. Conduct a detailed acoustical analysis for the first two rows of lots adjacent to Santa Teresa Boulevard and the Mantelli Drive Extension to ensure that interior noise levets will be 45 dBA Ldn or Iess. The analysis should identify and evaluate the needed noise insulation requirements to reduce interior noise levels to meet Ciw standards based on the noise assessment by ' Illingworth & Rodkin (August 1999). Possible noise insulation requirements would include fomed-alr mechanical ventilation, sound-rate windows, and/or special exterior building facade construction features. The applicant shall provide the detailed analysis of the necessary noise insulation requirements during the design phase of the project, prior to issuance of building permits. Implement the following measurcs to mitigate the construction noise impacts: Construct sound walls prior to developing the project site. * Lkmit construction activity to weekdays between 7 a.m. and 7 p.m. and Saturdays and Holidays between 9 a.m. and 7 p.m. with no construction activity on Sundays. · Use available noise suppression devices and properly maintain and muffle loud construction equipment. The residential development shall encourage alternative transportation use such as walking, bicycling and public mmsit The project design shall include provisions for sidewalks with curbside planting that connect to adjacent sidewalk systems and bus stop/turnouts that connect with local bus routes, as appropriate. DatePrcpared:August 6, 1999 End of Review Period: September 6, 1999 Date Approved By.City Council: October 15, 1999 William Faus, planmug Division Manager 88/22/2888 12:52 4888460429 CITY OF GILROY CDDHU PAGE 15 VI. DIVIDEND HOMES SUBDIVISION(TM 99-t0) MITIGATION MONITORING PROGRAM Introduction On January 1, 1989, the California State Legislature passed into law Assembly Bill 3180. This bill requires public agencies to adopt reporting or monitoring programs 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 dudng project implementation in order to avoid significant adverse environmental effects. The law was passed in response to historic.non-implementation of mitigation measures presented in environmental documents and subsequently adopted as conditions of project approval, in addition, monitoring ensures that mitigation measures am implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures, A definitive of set project conditions would include enough detailed information and enforcement procedures to ensure the measure's compliance. This monitoring program is designed to provide a mechanism to ensure that mitigation measures and subsequent conditions of project approval are implemented. Monitoring Program The basis for this monitoring program is the mitigation measures included in this initial study. These mitigation measures are designed to eliminate or reduce significant adverse environmental effects to less-than-significant levels. These mitigation measures become conditions of project approval, which1 the project proponent is required to complete p~ior to, during and after implementation of the proposed project. The attached checidist is proposed for monitoring the implementation of the mitigation measures, This monitoring checklist contains all appropriate mitigation measures in this initial study. Monitoring Program Procedures It is required that the Ci~ of Gilroy uses the attached monitoring checklist for the proposed project. The ~onitodng program should be implemented as follows: 1. The Gilmy Planning Director shouid be responsible for coordination of the monitoring program, including the monitoring checklist. The Planning Director should be responsible for completing the monitoring checklist and distributing the checklist to the responsible individuals or agencies for their use in the monitoring the mitigation measures. 2. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring checklist have been complied wffh. Once all mitigatJo~ measures have been compiled with, the responsible individual or agency should submit a copy of the monitoring checklist to tt3e P arming 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. Denise Duffy & A~-~3oates, Inc. Dividend ~$ Subdi~on initial Study 88/22/2888 12:52 4088460429 CITY OF GILROY CDD~U PAGE 16 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 approvaliincluded in the monitoring checklist have been complied with. An occupancy permit stlauld not be issued until all mitigation measures and additional conditions of project approval included in the monitoring checklist nave been complied with. If a responsible individual or agency ctetermines that a non-compliance has occurred, a wdtten notice should be delivered by certified mail to the project proponent within 10 days, with a copy to the Planhing Director, describing the non-compliance and requiring compliance within a specific period of time. If a non-compliance sfitl exists atthe expiration of the specified pedod of time, construction may be halted and fines may be imposed a the discretion of the City of Gilroy. Denise Duffy & AssoC~tes, Inc. Dividend Homes Subdivision IntZ~ ~zudy 30 Mitigation Monitoring Checklist Prior to issuance of Building Permit, the following mitigation measures shall be implemented: Mlegafl~n Nature of Mitigation Parry I P~s issu~ for the pm~;~ pmj~ and pmj~ ptans shall ~p~ Gilroy in~e.the foiling m~sur~ the shall ~ implement~ dunng Planning , Wat~ all a~ve ~ns~ion areas at I~ ~ daily. · C~ all ~s hauling soil, sand, ~d other loose m~eflals or r~uim ~11 t~ to main~in at least ~o feet · Pave, a~ply water ~ tim~ daily, or apply (non-~c) ~il ~abili~s on ali unpav~ a~ roads, pa~ing ar~s and ~ging ar~s at ~ns~on s~. - Sw~p daily (with water ~m) all pav~ a~s roads, pa~ing a~s and ~ging ar~s at ~n~ion · Sw~ s~e~s daiJy (~h ~er s~p~) if visible soil matedal is ~ omo adja~ public s~ts, H~ros~ or apply (non~to~c) ~11 ~abtl~s to inacBve ~n~u~i~n ar~s (pr~ious~ gmd~ ames ina~ ~r t~ days or mom). En~ose, ~ver, wat~ ~i~ daily or apply (non-to,c) soil bind~ ~ ~s~ stockpil~ (di~. sand, ~c.) , Umit tmt~c spas on unpav~ m~s to 15 mph. Install sandbags or other er~ion ~n~o~ m~sums to pr~t silt mn~ to public ~s. Replant v~a~on in distur~ ar~s as qui~y as ~ssible. 2 The ~llowing language shall ~ indud~ in a~ permits i~ ~r ~velopet Gilroy · e proj~ Site. in~uding, but not lim~ te building p~its for ~anning f~um dev~pm~t, pursuant to ~ and appm~l of the G[Imy Division Planning Di~siom 'If a~a~l~i~l ~our~ or human remains ere e~d~ally dis~v~ dudng ~nstm~on, wo~ ~all ~ halt~ wi~in 50 metes (1~ f~t) ~ ~e find until it ~n be ~aluat~ ~ a ~alifi~ prof~sional archeologist. If the find is dMermin~ to be si~ifi~nt, appmp~ate.mitigation m~su~ shall ~ fo~ulat~ and 3 ~e r~mm~tions ~ the g~ni~l inve~ig~on ~a~amh, D~oper Gilmy M~y 1~9) Shall ~ in~mt~ into the fi~l building plans and Building shall be re~ed and appmv~ by ~e Gilr~ Engining Di~sion Di~sion pdor to ep~oval of the building ~ff. 4 ~e proj~ .appli~nt shall submit a NoB~ ~ Int~ and plans to ~e Dev~oper Gilmy Cen~el ~aM R~ional W~er Quali~ Control 8oad, and implem~ Planning a Sto~ W~sr Poil~on P~on Plan that us~ ~o~ wat~ "~t Di~sion Manag~eet PraXis' to ~nlml ~noff. ~osion and ~im~on from the site. ~e a~pli~nt s~ll submit plans ~r mvl~ and appm~l by the Sams Clam Valley W~ DtMri~ and ~e Cl~. Denise Duff)' & Associates, Inc. D'Ntflelld Homes SubdMsion Ini~l Study 31 88/22/2888 12:52 4888468429 CITY OF GILROY CDDMU PAGE 18 Mitigation Nature of Mitlgst~on ~rty ~t~ Numar R~po~lb~ ~r R~ponslb/9 ~r Impl~men~on M~nitoflng Ee Cons~ ~oundwaJls and utt~e proper s~e layout d~gn to r~uce D~op~ GIImy e~iOr noise I~s g~erat~ by tr~c to ~mp~y wi~ noise J~ Planning s~n~da fbr [~id~al outdoor uae ar~s and the noise as~sment Di~sion by IIIJn~oRh & Rodkin (August 1999). ~e h8ght and leng~ of thee ~undwalls shall be d~i~ thto~h an a~ustJ~l anal~Js that a~ ~r ~m ~affic ~ndlfions and final ~nstmc~on plans of the pro~ s~e roa~ays once sp~flc d~ign d~aits am ~n. ~e appli~nt shall provide the detait~ analysis of ~e n~ssa~ ~un~lis during the d~ign p~se of the proj~, prior to i~uan~ of building ~its. 6b Condu~ a d~ail~ a~u~i~l analy~s for ~e flint ~o r~s of lots Develop~ Gilmy adjac~t to Santa Tere~ Bouleva~ and ~e Mantali Drive ~sion Planning to ensure ~hat i~erfer noi~ levis ~11 be ~ dBA Ldn or less. ~e Di~on analysis should Idenfi~ and ~luate ~e n~ noise insulation r~uimme~ to ~u~ interior noise I~ls to m~ Ct~ stenda~s ~ ~ the ~ ~ by lllin~o~h & Rodkin (Augua 1999). Possible noise inau~on r~uir~ents would indue ~r~air m~hAnJ~l v~ilation, aound-ra~ windows, an~er spcsl ~or building la.de cons~ion f~tur~. ~e appli~t ~all provide the d~l~ a~s ~e n~ n~se insul~ion r~uir~ents dudng the d~ign pha~ M ~e pmj~, prior to i~uan~ ~ builaing pe~its. 6 Imp[~e~ ~e roll.lng m~sums to m~igate the ~n~ru~on noise Dev~oper Gil~ impa~s: BuJJding * Constru~ soun~airs prior to developing the proj~ site. Division . Urea ~ns~ion a~Jv~ to ~kdays be~ ~ a.m. and 7 p.m. and Satardays & Holidays be~ 9 a,m. and 7 p.m.) ~ no ~n~m~ion a~ivt~ on Sundays. U~ a~ila~e n~se supp~ion d~J~ and prepay maJntaJn and muffle Io~ ~nstmmion ~uipm~t. 7 ~e ~1 d~elopm~t shall ~urege ait~afive transpo~mlen ~oper Gilmy uae suc~ as walking, bi.cling aha public ~ns~. ~e pmj~ d~ign Engining shall in~ude pmvisiens for sid~alks wiffi cu~side planting that ~vision conne~ to adja~t sid~alk systems and bus ~o~tumouts th~ ~nn~ ~th I~t bus routes, as appropriate. Denise Duff), & Associates, I~c. Dividend Homes Subdivision Intfial.~tudy I, RHONDA PELL1N, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2000-13 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 18th day of September, 2000, at which meeting a quorum was presem. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 4th day of October, 2000. City Clerk of the City o Gi y (Seal)