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Ordinance 2002-10ORDINANCE NO. 2002-10 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 PF (PUBLIC FACILITY) AND TO OVERLAY THE CIVIC CENTER COMPLEX IN A PLANNED UNIT DEVELOPMENT (PUD), APNs 799-17-043, 799-17-044, 799-17-045, 799~17-066, 799-17-069, 799-17-070, 799~08-054, 799- 08-058. WHEREAS, City of Gilroy ("Applicant") submitted application Z 01-09 to change the zoning designation of four single family residential parcels fi.om R1 (Single Family Residential) to PF (Public Facilities) and to overlay the entire civic center complex in a PUD, consisting of approximately 14 acres located on the area between Church and Dowdy from Sixth to Seventh Streets (excepting the five residential properties within this area on the north end of Dowdy Street and the vacant lot at 7291 West Seventh Street;) and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), a Negative Declaration was prepared and circulated pursuant to law; and WHEREAS, the Planning Commission held a duly noticed public hearing on May 23, 2002, at which time the Planning Commission considered the public testimony and all documentation related to application Z 01-09, and recommended that the City Council adopt the Negative Declaration and approve said application; and WHEREAS, the City Council held a duly noticed public hearing on June 3, 2002, at which time the City Council considered the public testimony, the Staff Report dated May 28, 2002 ("Staff Report") and all other documentation related to application Z 01-09; and WHEREAS, pursuant to CEQA, the City Council adopted the Mitigated Negative ~CDS\555401.1 0607024)4706002 -1- Ordinance No. 2002-10 Declaration on June 3, 2002, finding that it was completed in compliance with CEQA, that it reflects the independent judgement of the City, and that there is no substantial evidence in the record 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, THE CITY COUNCIL FINDS THAT: A. The proposed rezoning to PF-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. This project will not be detrimental to the public welfare or injurious to persons or property in the vicinity. D. Application Z 01-9 should be and hereby is approved subject to: 1. The twenty-three (23) mitigation measures set forth in the Negative Declaration and Mitigation Monitoring Program, attached hereto as Exlfibit "A" and incorporated herein by this reference. 2. The map outlining the PUD overlay, attached hereto as Exhibit "B" and incorporated herein by tiffs reference. \CDS~555401.1 0607024)4706002 =2= Ordinance No. 2002=10 SECTION I If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for 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, sentences, clauses or phrases be declared unconstitutional. SECTION II This Ordinance shall be in full force and effect thirty (30) days after the date of its passage and adoption. PASSED AND ADOPTED this 1sT of July, 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. Spnn~rjMayor ~CDS~555401. I 060702q)4706002 -3- Ordinance No. 2002-10 Exhibit A Community Development Department Planning Division (408) 846-0440 NEGATIVE DECLARATION City File Number: M 01~11 (01090003) Project Description: Name of Project: Nature of Project: City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 Civic Center Master Plan New construction of the main Police Department and the Main Library and the future expansion of the Senior Center and Community Center ail within the existing Cfilroy Civic Center Project Location: Location: Assessor's Parcel Number: Bounded by Sixth, Seventh, Church and Dowdy Streets 799-17-066, 069, 043,044,045,046,047 and 799-08-054, 058 Entity or Person(s) Undertaking Project: Name: City of Gilroy, Engineering Division Address: 7351 Rosarma Street, Gilroy, CA 95020 Staff Planner: Gregg Polubinsky, gpolubinsky~ci, gikoy, ca.us Initial Study: An Initial study of this project was undertaken and prepared for the purpose of ascertaining whether this project nfight have a significant effect on the environment. A copy of this study is on file at the City of Gilroy Planning Division, 7351 Rosanna Street, Gilroy, CA 95020. C_filroy Civic Center Master Plan Negative Declaration 2 4/18/02 Findings & Reasons: 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: ~ The proposal is a logical component of the existing land use of this area and a logical and necessary expansion of Civic Center functions. ~ Identified adverse impacts are proposed to be mitigated through preparation of special studies and construction of on-site improvements. ~ The proposed project is consistent with the adopted goals and policies of the General Plan of the City of Gilroy. } City staff independently reviewed the Initial Study, and this Negative Declaration reflects the independent judgment of the City of Gilroy. >' With the application of the following Mitigation Measures the proposed project will not have any significant impacts on the environment. Mitigation Measures: 1. The following dust control measures shah 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 all 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 dally (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; Subject to determination by the Gilroy Engineering Division, the following measures may be implemented at construction sites that are very large or are located near sensitive receptors: · Install wheel washers for all existing trucks, or wash off the 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. Gilroy Civic Center Master Plan 3 4/18/02 Negative Declaration 2. 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. This mitigation measure shall be subject to CJikoy Planning Division review and approval. 3. 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 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 re-bury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance iff 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. 4. 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. 5. 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. 6. 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 Gilroy Building Division review and approval. 7. The project shall follow the regulations outlined by Cai/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. Gilroy Civic Center Master Plan 4 4/18/02 Negative Declaration 8. Once plans are developed showing the placement of roof-top mechanical equipment, and the number and type of the equipment are known, the project plans shall be reviewed by an acoustical specialist to calculate if the limits established in the noise performance standards would be met. Noise attenuating measures would be required if the noise performance standards are exceeded. This mitigation shall be subject to Gilroy Building Division review and approval. 9. The emergency diesel generator shall be located in an area on the project site to minimize the noise received at residential receivers. Packaged diesel units are available with noise attenuating enclosures that would help maintain maximum noise levels below the 75 dBA maximum noise level limit depending on the placement of the unit. Diesel generators can also be screened by noise barriers to reduce noise levels to acceptable levels. The final design of the diesel generator shall be reviewed by an acoustical specialist once the location and type of equipment is selected. This mitigation shall be subject to Gilroy Building Division review and approval. 10. The emergency diesel generator shall be tested regularly during a daytime hour (e.g., Wednesdays at 12:00 p.m.) to reduce the potential for annoyance at the adjacent residential land uses. Testing the emergency diesel generator shall be prohibited during noise-sensitive early morning, evening, or nighttime hours. This mitigation shall be subject to Gilroy Police Department review and approval. 11. Noise-generating activities outdoors at the construction site or in areas adjacent to the construction site associated with the project in any way shall be restricted to the hours of 7:00 a.m. to 5:09 7:00 p.m., Monday through Friday, and 9:00 am to 7:00 pm on Saturdays and City holidays. No construction activities shall occur on Sundays. This mitigation measure shall be subject to Gilroy Building Division enforcement. 12. Construct temporary plywood noise barriers to shield adjacent noise-sensitive land uses from construction noise prior to the demolition phase of the project. The temporary noise barriers shall be at least eight feet high to shield noise generated by heavy-equipment exhaust stacks. This mitigation measure shall be subject to Gilroy Engineering Division enforcement. 13. 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 Division enforcement. 14. Unnecessary idling of internal combustion engines shall be strictly prohibited. This mitigation measure shall be subject to Gilroy Building Division enforcement. 15. 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 as practical from existing noise sensitive receptors. Construct temporary barriers to screen stationary noise generating equipment when located in areas adjoining noise sensitive land uses. A suitable location for the construction staging area may be adjacent to City Hall along Hanna Street. This mitigation measure shall be subject to Gilroy Building Division enforcement. Gilroy Civic Center Master Plan 5 4/18/02 Negative Declaration 16. Route ail 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 Engineering Division enforcement. 17. Control noise from construction workers' radios to the point where they are not audible at existing residences bordering the project site. This mitigation measure shail be subject to Gilroy Building Division enforcement. 18. Notify adjacent residents to the project site of the construction schedule in writing. This rnitigation measure shall be subject to Gilroy Building Division enforcement. 19. Designate a "noise disturbance committee" that is responsible for responding to any local complaints about construction noise. The committee will be comprised of the Chief of Police and the CNef Building Official, or their designees, and a neighborhood representative. The committee will be chaired by the Chief Building Official or designee. The disturbance committee would determine the cause of the noise complaint (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 committee contact 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 Division enforcemem 20. The Church Street / Sixth Street intersection shall be signalized as the result of the background plus project phase I traffic conditions, to maintain the City of Gilroy's required LOS C standards. This mitigation measure shall be subject to Gilroy Engineering Division review and approval. 21. A formal parking policy shall be developed and implemented for the Civic Center. A standing Civic Center Use and Impacts Committee will meet a minimum of once per year (more if necessary) during discussion of the Capitai Improvements Budget. The committee will be comprised of the Chief of Police as chair, the City Engineer, the Operations Services Manager, the Planning Division Manager, or their designees, and a member of the Planning Commission. This committee will meet to resolve neighborhood complaints, develop parking policy, and discuss and resolve impacts on both the Civic Center and the surrounding neighborhood. This mitigation measure shall be subject to Gilroy Planning Division review and approvai. Gilroy Civic Center Master Plan Negative Declaration 6 4/18/02 22. To ensure that an on-site parking supply ratio of at least 3.3 parking spaces per 1000 square feet can be maintained throughout all the phases of the Gilroy Civic Center Master Plan, one of the following measures shall be applied; this mitigation shall be subject to Gilroy Engineering Division review and approval: > The implementation of the modifications to the Rosanna Street parking in front of the Library, planned for Phase IId, should be brought forward to Phase IIa. } The implementation of Phase Ha and IIb should be swapped, i.e. Phase lib should be implemented prior to Phase IIa. >~ -The implementation of Phase IIa and IIb should happen simultaneously. 23. The traffic consultant shall develop, with the assistance of the Traffic Engineer, an assigned City Department parking plan for distributing displaced parking fi~om construction activities onto neighborhood streets. The displaced parking plan will be adjusted as necessary to reestablish parking on-site as soon as construction activities allow. This mitigation measure shall be subject to Gilroy Engineering Division review and approval. Date Prepared: April 18, 2002 End of Review Period: May 8, 2002 Date Adopted by City Council: William Faus Planning Division Manager bfaus@ci.gikoy.ca.us (:4) '- = ' = ~ ~ ~'- o. ~-~ ~ ~ ~ ~ · ~.~ . ~'u ~ ~ '.L S '±S ~ VNNVH Exhibit B '/S I, RHONDA PELL1N, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2002-10 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 1st day of July, 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 22nd day of July, 2002. (Seal)