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Ordinance 2002-08 ORDINANCE NO. 2002-8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN APPLICATION FOR A CHANGE IN ZONING DESIGNATION FROM R1 (SINGLE FAMILY RESIDENTIAL) TO A COMBINED R1-R3/PUD (SINGLE FAMILY RESIDENTIAL-MEDIUM DENSITY RESIDENTIAL/PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 7.3 ACRES, APNS 790-07-012 AND 790-07- 013. WHEREAS, Central Valley Corporation ("Applicant") submitted application Z 01-10 to change the zoning designation on property identified as APNs 790-07-012 and 790-07-013 from R1 (Single Family Residential) to a combined R1-R3-R4 PUD (Single Family Residential-High Density Residential/Plam~ed Unit Development), consisting of approximately 7.3 acres located on 9345 Monterey Road, north of Fan'ell Avenue; and WHEREAS, the Planning Commission held a duly noticed public heating on April 11, 2002, at which time the Planning Commission considered the public testimony, the Staff Report dated April 3, 2002 ("Staff Report") and all other documentation related to application Z 01-10, and recommended that the City Council approve said application along with the proposed negative declaration; and WHEREAS, the City Council held a duly noticed public heating on April 15, 2002 at which time the City Council considered the public testimony, the Staff Report and all other documentation related to application Z 01-10, and amended the designation to a combined R1-R3 PUD; and WHEREAS pursuant to the California Environmental Quality Act (CEQA), the City Council adopted a Negative Declaration on April 15, 2002, finding that the Negative Declaration was completed in compliance with CEQA, that it reflects the independent judgment of the City and ~CDS~550489.1 042402-04706002 -1- Ordinance No. 2002-8 that there is no substantial evidence in the record that the project as mitigated 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, THE CITY COUNCIL FINDS THAT: A. The proposed rezoning to a combined R1-R3 PUD is consistent with the General Plan Land Use Designation and the intent of the goals and policies of the City's General Plan document. B. Public utilities and infrastructure improvements needed in order to serve the proposed project are in close proximity. C. There will be no significant environmental impacts as a result of this project due to the mitigation measures to be applied. D. This project will not be detrimental to the public welfare or injurious to persons or property in the vicinity. E. Application Z 01-10 is approved subject to the mitigation measures set forth in the Negative Declaration and the Mitigation Monitoring Program, attached hereto as Exhibit A, all incorporated herein by this reference. SECTION I If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for \CDS\550489.1 042402~4706002 -2- Ordinance No. 2002-8 any reason held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, s~ntences, clauses or phrases be declared unconstitutional. SECTION II Resolution No. 2002-09 of the Planning Commission approving the Conditional Use Permit CUP 01-08 and City Council Resolution No. 2002-08, approving the Conceptual Architectural and Site Review A/S 01-87 will not become effective unless and until this Ordinance takes effect. This Ordinance shall be in full force and effect thirty (30) days after the date of its passage and adoption. PASSED AND ADOPTED this 20th day of May, 2002, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, VELASCO, and SPRINGER NONE PINHEIRO Rhonda Pellin, City Clerk APPROVED: Thomas W. Springe~Mayor ~CDS~550489.1 042402~4706002 -3- Ordinance No. 2002-8 Exhibit A Community Development Department Planning Division NEGATIVE DECLARATION City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 (408) 846-0440 City File Number: Z 01-10, CUP 01-08, and A/S 01-87 Project Description: Name of Project: Nature of Project: South County Housing/Emergency Housing Consortium Transitional Housing Center Zone Change, Conditional Use Permit, and Architectural and Site Review for the construction of a homeless shelter facility~ 60 apartment units, and 13 single family homes. Proiect Location: Location: 9345 Monterey Road Assessor's Parcel Numbers: 790-07-012, and -013 Entity or Person(s) Undertakim~ Project: Name: Central Valley Corporation (c/o Ma~y Iserman, South County Housing) Address: 7455 Carmel Street, Gilroy, CA 95020 Initial Study: 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 Gilroy Planning Department, 7351 Rosanna Street, Gilroy, CA 95020. Findings & Reasons: Transitional Housing Center 2 4/29/2002 Negative Declaration 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 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. 4. City staff independently reviewed the Initial Study, and this Negative Declaration reflects the independent judgement of the City of Gilroy. Mitigation Measures: 1. The following dust control measures shall be incorporated into all permits for any phase of proposed construction on the project site. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval of the Gilroy Engineering Division. The following measures shall be implemented at all construction sites: Water all active construction areas at least twice daily; · Cover al trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; · 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; Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; The following measures shall be implemented at construction sites greater than four acres in area: · 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 (dirt, 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. Subject to determination by the Gilroy Engineering Division, the following measures may be implemented Transitional Housing Center 3 4/29/2002 Negative Declaration at construction sites that are very large or are located near sensitive receptors: · Install wheel washers for all existing trucks, or wash offthe tires of all tucks and equipment leaving the site; · Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; · Limit the area subject to excavation, grading and other construction activity at any one time. A botanical survey for big-scale balsamroot and showy Indian clover are necessary to eliminate their potential presence within the vacant lot. This survey needs to be conducted during the appropriate time of year (both species are in bloom April through June). In the unlikely event that either of these two species is found within the project site, the following mitigation measures, subject to Gilroy Planning Division review and approval, will be required, which will reduce impacts to a less-than- significant level: A "Rare Plant Mitigation and Monitoring Plan" shall be designed by a qualified biologist and approved by the CDFG, USFWS, and the City Planning Director. This plan will outline the location and condition of any individuals and populations of special-status plants found on the project site. This Plan will provide a description of the mitigation being provided (whether it be avoidance or population relocation as described below), and outline the monitoring efforts, including success criteria and contingency planning in the case the criteria are not met. Efforts to avoid and protect the populations shall be made. Specifically, the project should be redesigned as feasible, to eliminate the take of known individuals and provide protection for the populations in the form of a conservation easement in perpetuity. If avoidance is not feasible, relocation of the population via the collection and redistribution of seed shall be accomplished. Potential nesting and foraging habitat for burrowing owls has been identified on the project site, consisting of areas of annual grasslands and California ground squirrel burrows. Implementation of the following mitigation measures, subject to Gilroy Planning Division review and approval, will reduce impacts to burrowing owls to a less-than-significant level. Protocol-level surveys shall be conducted by a qualified ornithologist, per CDFG guidelines, during the breeding season of the same year construction is scheduled to begin, to determine the presence of burrowing owls. Breeding season begins February 1 and continues through August 31. If possible, surveys should be conducted during the peak of the breeding season, between April 15 and July 15. If burrowing owls are located on or immediately adjacent to the site, avoidance, which would allow the areas currently occupied by burrowing owls to continue uninterrupted, would entail the establishinent of a construction-free buffer zone around all active burrows. No disturbance shall occur within 50 meters (approximately 160 feet) of occupied burrows during the non-breeding season (September 1 through January 3 I), or within 75 meters (approximately 250 feet) during the breeding season (February 1 through August 31). Avoidance also requires that a ndnimum of 6.5 acres of foraging habitat be preserved contiguous with occupied burrow sites for each pair of breeding owls (with or without dependent young) or single unpaired resident bird. No activities, Transitional Housing Center Negative Declaration 4 4/29/2OO2 including grading or other construction work or relocation of owls, would proceed that may disturb breeding owls in the buffer zone. If owls are resident during the breeding season, avoidance of this buffer would be required. If mvls are resident during the non-breeding season, the owls could be relocated, as described below. If surveys determine that burrowing owls occupy the site during non-breeding season, and avoidance of the occupied areas is not feasible, a qualified ornithologist, in consultation with CDFG, could relocate the owls to avoid the loss of individuals during construction. Relocation should only be conducted under the authorization of CDFG, which typically requires mitigation for lost burrowing owl habitat as a condition of such authorization. CDFG will not authorize the relocation of burrowing owls during the breeding season. If burrowing owls are not found during the protocol-level surveys, burrowing owls may occupy the site prior to construction. Pre- construction surveys, conducted per CDFG guidelines, for burrowing owls shall be conducted by a qualified ornithologist prior to any construction activity. The pre-construction survey shall be conducted no more than 30 days prior to the start of site grading, regardless the time of year in which grading occurs. If on-site mitigation is infeasible, the applicant shall mitigate off-site per Department ofFish & Game requirements. Construction disturbance during the raptor breeding season (April 15 to August 1) could result in incidental loss of fertile eggs or nestlings, or otherwise lead to nest abandonment. Construction activities (e.g., tree removal and site grading) that disturb nesting raptors on site or adjacent to the project site constitute a significant impact. The implementation of the following mitigation measure, subject to Gilroy Planning Division review and approval, will reduce impacts to nesting raptors to a less-than-significant level: Construction should be scheduled to avoid the raptor nesting season to the extent feasible by initiating construction before April 15 or after August 1. If it is not feasible to do this, pre- construction surveys for nesting raptors shall be performed within 30 days of the initiation of construction, including the removal of trees, by a qualified ornithologist prior to construction. Ifan active raptor nest is found within 300 feet of the project site, a 300-foot buffer shall be established around the nest. No construction activities shall occur within the buffer until a qualified ornithologist reports the young have fledged. 5. If archaeological or paleontological resources or human remains are accidentally discovered during construction, work shall be halted within 200 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 based on CEQA Guidelines Section 15064.5. If human remains are accidentally discovered during construction, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be Transitional Housing Center Negative Declaration 5 4/29/2002 them most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. This mitigation measure shall be subject to Gilroy Planning Division review and approval. All potentially friable asbestos-containing material shall be removed prior to building removal in accordance with National Emissions Standards for Hazardous Air Pollutants guidelines. This mitigation shall be subject to Gilroy Building Division review and approval. The contractor, in a manner and method acceptable under applicable standards and laws, shall abate all hazardous materials in compliance with a report of survey and abatement plan, supplied by the contractor. This mitigation shall be subject to Gilroy Building Division review and approval. 8. The building removal will involve the legal transportation and disposal of asbestos-containing materials and lead-based paint. The project shall adhere to the applicable regulations governing transportation and disposal of these materials. This mitigation shall be subject to Crilroy Building Division review and approval. 9. The project shall follow the regulations outlined by Cal/OSHA Lead in Construction Standard, Title 8, California Code of Regulations (CCR) 1532.1 during building removal activities. These regulations include employee training, air monitoring, and dust control. This mitigation shall be subject to Gilroy Building Division review and approval. 10. During the design phase of the project, the applicant should provide a detailed acoustical analysis of the necessary noise insulation features to be included in the project's design. The analysis should identify and evaluate the needed noise insulation requirements to reduce exterior noise levels to 60 dBA Ldn or less and interior noise levels to 45 dBA Ldn. or less. This mitigation shall be subject to Crilroy Building Division and Planning Division review and approval. 11. To meet the City's exterior noise goal, exterior use areas should be located in acoustically protected areas such as west of the proposed apartment buildings. Noise barrier walls or earth berms may also be effective at reducing noise levels in private or shared outdoor use areas if properly designed. This mitigation shall be subject to Cfilroy Building Division and Planning Division review and approval. 12. The amount of attenuation needed to meet the interior noise standard would require a combination of noise control measures including increased- performance wall systems, high-performance windows and Transitional Housing Center Negative Declaration 6 4/29/2002 doors, and some form of forced-air mechanical ventilation, allowing the occupants to control noise by maintaining the windows shut. To some degree, all units on the project site would need to incorporate noise insulation features into the design to meet the standards of the State Building Code and the City of Gilroy as noise levels throughout the site are projected to exceed 60 dBA Ldn. This mitigation shall be subject to G/lroy Building Division and Planning Division review and approval. 13. All construction activities shall be restricted to the hours of 7:00 a.m. to 7:00 p.m., Monday through. Friday, and 9:00 a.m. to 7:00 p.m. on Saturdays and City holidays. No construction activities are allowed on Sundays. This mitigation measure shall be subject to CJilroy Building, Engineering, and Planning Division enforcement. 14. Equip all internal combustion engine driven equipment with intake and exhaust mufflers which are in good condition and appropriate for the equipment. This mitigation measure shall be subject to Gilroy Building, Engineering, and Planning Division enforcement. 15. Unnecessary idling of internal combustion engines shall be strictly prohibited. This mitigation measure shall be subject to Gilroy Building, Engineering, and Planning Division enforcement. 16. Avoid staging of construction equipment within 200 feet of residences and locate all stationary noise- generating construction equipment, such as air compressors and portable power generators, as far practical from existing noise sensitive receptors. Construct temporary barriers to screen stationary noise generating equipment when located in areas adjoining noise sensitive land uses. This mitigation measure shall be subject to Gilroy Building, Engineering, and Plann/ng Division enforcement. 17. Utilize "quiet" air compressors and other stationery noise sources where technology exists. This mitigation measure shall be subject to Gilroy Building, Engineering, and Planning Division enforcement. 18. Route all construction traffic to and from the project site via designated truck routes where possible. Prohibit construction related heavy truck traffic in residential areas where feasible. This mitigation measure shall be subject to Gilroy Building, Engineering, and Planning Division enforcement. 19. Coatrol noise from construction workers' radios to the point where they are not audible at existing residences bordering the project site. This mitigation measure shall be subject to Gilroy Building, Engineering, and Planning Division enforcement. 20. Notify adjacent residents to the project site of the construction schedule in writing. This mitigation measure shall be subject to Gilroy Building, Engineering, and Planning Division enforcement. 21. Designate a "noise disturbance coordinator" who is responsible for responding to any local complaints about construction noise. The disturbance coordinator would determine the cause of the noise Transitional Housing Center Negative Declaration 7 4/29/2OO2 complaim (e.g., starting too early, bad muffler, etc.) and would require that reasonable measures warranted to correct the problem be implemented. Conspicuously post a telephone number for the disturbance coordinator at the construction site and include it in the notice sent to neighbors regarding the construction schedule. This mitigation measure shall be subject to Gilroy Building, Engineering, and Planning Division enforcement. 22. The applicant shall construct a full concrete sidewalk, (curb and gutter already exist) fi.om the property to the existing traffic signal at Farrell Avenue, along the west side of Monterey Road. This mitigation shall be subject to C. filroy Engineering Division review and approval. 23. The applicant shall construct a pedestrian crosswalk on the northern edge of the Monterey/Farrell intersection. This shall be coordinated with the City and Santa Clara Valley Transportation Authority. This mitigation shall be subject to Gilroy Engineering Division review and approval. 24. The applicant shall construct a pedestrian walkway on the north side of Farrell Avenue fi-om Monterey Road to the bridge, subject to the approval of Engineering Division staff. Date Prepared: March 14, 2002 End of Review Period: April 4, 2002 Date Adopted by City Council: May 6, 2002 William Faus Planning Division Manager I, 1LHONDA PELL1N, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2002-8 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 20th day of May, 2002, 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 4th day of June, 2002. City Clerk of the City of Gilroy (Sea)