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Ordinance 2004-18 ORDINANCE NO. 2004-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN APPLICATION FOR A CHANGE IN ZONING DESIGNATION FROM Al (AGRICULTURE) TO RI-PUD (SINGLE-FAMILY RESIDENTIAL - PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 2.8 ACRES LOCATED ON MILLER AVENUE AT THE SOUTHWEST CORNER OF SANTA TERESA BOULEVARD AND THOMAS ROAD, APNS 810-23- 002,003 WHEREAS, applicant The James Group c/o James Suner submitted application Z 04-05 to change the zoning designation on property identified as APNs 810-23-002, 003 from Al (Agriculture) to RI-PUD (Single-Family Residential - Planned Unit Development) on approximately 2.8 acres located on Miller Avenue at the southwest comer of Santa Teresa Boulevard and Thomas Road; and WHEREAS, the Planning Commission held a duly noticed public hearing on October 7, 2004, at which time the Planning Commission considered the public testimony, the Staff Report dated October I, 2004 ("Staff Report"), and all other documentation related to application Z 04- 05, and recommended that the City Council adopt the proposed Negative Declaration and approve said application; and WHEREAS, the City Council held a duly noticed public hearing on October 18, 2004, at which time the City Council considered the public testimony, the Staff Report, a Supplemental Staff Report dated October 8, 2004, and all other documentation related to application Z 04- 05; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council on October 18, 2004, adopted a mitigated Negative Declaration for this project, attached IG801639615.1 01-102604-04706089 -1- Orrlimml'P No_ 1004-1 R hereto as Exhibit A, finding that the Negative Declaration was completed in compliance with CEQA, that it reflects the independent judgment of the City, and 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. SECTION I NOW, THEREFORE, THE CITY COUNCIL FINDS THAT: The proposed rezoning is substantially consistent with the City's General Plan in that while it does not strictly comply with the site's land use designation of Neighborhood District, the zoning regulations for that district are still being developed, and the project is consistent with the intent of the General Plan's overall goals regarding residential development in the City. There is no substantial evidence in the entire record that this project will cause any unmitigated significant environmental impacts. This project will not be detrimental to the public welfare or injurious to persons or property in the vicinity. SECTION II Based on the above findings, Zoning application Z 04-05 is hereby approved. SECTION III 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 IG801639615.1 01-102604-04706089 -2- {)r<lin <anN' No "(l(liL 1 S! 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 anyone or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. SECTION IV This Ordinance shall be in full force and effect thirty (30) days after the date of its passage and adoption. PASSED AND ADOPTED this l5th day of November, 2004, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: ~s lbert Pinheiro, Mayor ATTEST: 1\ 12tdiL ;?U{f?-. Rhonda Pellin, City Clerk IGBO\639615.1 01-102604-04706089 -3- Ordinance No. 2004-18 Community Development DepartDlent Planning Division NEGATIVE DECLARATION City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 (408) 846-0440 City File Number: Z 04-05, TM 04-07 and NS 04-37 Proiect Description: Name of Project: Nature of Project: Gilroy Masoni Orchard Subdivision A Zone Change, Tentative Map, and Architectural & Site Review request to create 14 single-family residential units on a 2.86-acre site. Proiect Location: Location: The project site is located in the City of Gilroy in the County of Santa Clara. The project site is located at the southwest corner of Miller Avenue and Santa Teresa Boulevard. The site is bounded by Thomas Road to the east, Miller A venue to the south, and Santa Teresa Boulevard to the north. Assessor's Parcel Numbers: 810-23-002, 810-23-003 Entitv or Person(s) Undertakine Proiect: Name: Address:. James Suner 7436 Monterey Road, Gilroy CA 95020 Initial Study: An Initial study 0 f this project w as unde rtaken and prepared for t he 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. Findines & 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: EXHIBIT A Gi lroy Masoni Orchard Subdivision Negative Declaration 2 September 2004 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. Miti2ation Measures: Prior to approval and issuance of the final improvement plans. the following mitigation measures shall be implemented: 1. The project proponent shall specify in project plans the implementation of the following dust control measures during grading and construction activities for the proposed project. The measures shall be implemented as necessary to adequately control dust. subject to the review and approval of the City of Gilroy Engineering Division: (Modified Gilroy General Plan EIR Mitigation Measure 4.6-A) The following measures shall be implemented for all construction sites: . Water all 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 constructions sites; · Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites~ · Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets; . The idling of all construction equipment shall not exceed five minutes; · Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use; Gilroy Masoni Orchard Subdivision Negative Declaration 3 September 2004 . All equipment shall be properly tuned and maintained 10 accordance with the manufacturer's specifications; . When feasible, alternative fueled or electrical construction equipment shall be used for the project site; . Use the minimum practical engine size for construction equipment; and . Gasoline-powered equipment shall be equipped with catalytic converters, where feasible. 2. The project applicant shall pay all applicable fire department development fees, subject to monitoring by the Building Division. 3. The project applicant shall pay the applicable school development fees, subject to monitoring by the Gilroy Unified School District and the Building Division. 4. The project applicant shall pay all applicable library development fees, subject to monitoring by the Building Division. 5. The project applicant shall pay all applicable park development fees, subject to monitoring by the Building Division. 6. The project applicant shall pay all applicable police department development fees, subject to monitoring by the Building Division. Prior to approval and issuance of a grading or building permit, the following mitigation measures shall be implemented: 7. Subject to the review and approval of the Planning Division, new outdoor lighting shall be directed on-site and designed and installed with shielding. 8. Sprinkler systems shall be provided in each structure in accordance with Section 1003.2.10 of the Uniform Fire Code, subject to the review and approval of the Fire Marshall. 9. Per Johnston (2004), the presence of California Tiger Salamanders (CTS) on the project site should be assumed and as a result, a trapping and salvage effort should be conducted to relocate any CTSs occurring on the site. Trapping should take place pursuant to a plan prepared by a qualified biologist and approved by the CDFG. This plan should identify the specific methodes) proposed to clear the project site of the CTSs, including location and type of traps and fencing, frequency and thresholds for trap activation and de-activation, relocation sites for CTSs captured and the standard proposed for confirming that the project site has been cleared of the CTSs. This mitigation measure shall be subject to the review and approval of the Planning Division. Gi lroy Masoni Orchard Subdivision Negative Declaration 4 September 2004 10. A qualified burrowing owl biologist should conduct a burrowing owl pre-construction survey within 30 days prior to initial ground disturbance or construction activity. The qualified burrowing owl biologist should survey the entire project site and a 250-foot buffer to determine the presence or absence of the species. A. If burrowing owls are observed on the Study Area outside of the breeding season, an experienced burrowing owl biologist may use passive relocation to prevent take and ensure burrowing owls are not present on the project for construction and grading activities. A qualified burrowing owl biologist is one who has completed passive relocation projects within the last five years and should perform all exclusionary device installation. B. If burrowing owls are occupying the project site during the nesting season (February 1 through August I), nest burrows should be avoided by setting up a 250-foot exclusion area around the nest burrow (CDFG 1995). The active nest should be monitored to ensure construction activity does not disturb the nesting owls or cause nest abandonment. Work within the buffer zone should be postponed until all the young are independent, as determined by a qualified biologist. This mitigation measure shall be subject to the review and approval of the Planning Division. I I. If work is scheduled to begin after the breeding season has begun (February I through August I), a survey should be conducted before the beginning of the breeding season (February I). This survey would not take the place of a burrowing owl pre-construction survey unless it was conducted within 30 days of initial ground disturbance or construction activity. Upon completion of this burrowing owl survey, two actions may be taken depending on whether or not burrowing owls were observed on the project site. A. If no burrowing owls occupy the project site, ground squirrel burrows may be excavated or exclusionary devises may be installed to prevent burrowing owls from moving 0 nto the site. These exclusionary de vices would prevent burrowing owls from using any onsite burrows. The devices should be monitored and could be left in place until initial ground disturbance or construction activity begins. B. If burrowing owls or accumulation of burrowing owl sign is observed outside of the nesting season, suggesting regular use of the project site, an experienced burrowing owl biologist may use passive relocation to ensure burrowing owls would not nest within the project site and are not present for construction and grading activities. A qualified burrowing owl biologist is one who has completed passive relocation projects within the last five years and should perform all exclusionary device installation. This mitigation measure shall be subject to the review and approval of the Planning Division. Gilroy Masoni Orchard Subdivision Negative Declaration 5 September 2004 12. If trees or shrubs are scheduled to be removed during the breeding season (February 1 to August I), a qualified biologist should conduct pre-construction nesting birds surveys within 30 days prior to the onset of any construction activity. All trees and snags should be searched for bird nests during this pre-construction survey. If bird nests are observed, an appropriate buffer zone should be established around all active nests as to protect nesting adults and their young from construction disturbance. Buffer zones should be determined based the project site conditions and the species potentially impacted. If active raptor nests are located on the project site, a buffer zone of 200-250 feet should be established around each nest unless a smaller distance is suitable to reduce nesting disturbance. Work within all such buffer zones should be postponed until all the young are fledged, as to be determined by a qualified biologist. This mitigation measure shall be subject to the review and approval of the Planning Division. 13. During construction, an archaeologist shall be onsite to monitor all initial subsurface construction activities. Given the location of site CA-SCL-639/H (eligible for t he Na tional Register) just 150 meters to the northwest, it is possible that archaeological deposits may be encountered during earth disturbing activities. If prehistoric or historic deposits or features are discovered during construction, activities in the area should cease and the archaeologist should inspect the discovery and prepare a recommendation for a further course of action. This mitigation measure shall be subject to the review and approval of the Planning Division. 14. In the event that human remains are discovered, there shall be no disposition of such human remains, other than in accordance with the procedures and requirements set forth in the California Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98. These code provisions require notification of the County Coroner and the Native American Heritage Commission, who in turn must notify those persons believed to be most likely descended from the deceased Native American for appropriate disposition of the remains. Excavation or disturbance may continue in other areas of the project site outside the area affected by such discovery. This mitigation measure shall be subject to the review and approval of the Planning Division. 15. The project applicant shall submit a soils investigation prepared by a qualified soils engineer for the proposed project. The recommendations of the soils investigation shall be incorporated into the final building plans, subject to the review and approval by the City of Gilroy Engineering Division prior to approval of any building permits. 16. The project applicant shall design all structures in accordance with the Uniform Building Code for seismic design. Foundation design should include the use of structural mat or post-tension slab foundations, rather than conventional spread footings. Structural design is subject to the review and approval by the City of Gilroy Building Division prior to the issuance of building permits. 17. Typical options to address liquefiable soils shall consist of the following: a) remove and replace potentially liquefiable soils with engineered fill; b) densify potentially liquefiable soils with an in-situ ground improvement technique such a s de ep dy namic compaction, v ibro-compaction, vibro-replacement, compaction grouting, or other similar methods; c) support the proposed structures on a pile foundation system, which extends below the zone of potential liquefaction; Gilroy Masoni Orchard Subdivision Negative Declaration 6 September 2004 d) strengthen foundations (e.g., post-tensioned slab, reinforced mat or grid foundation, or other similar system) to resist excessive differential settlement associated with seismically-induced liquefaction; and, e) support the proposed structures on an engineered fill pad in order to reduce differential settlement resulting from seismically-induced liquefaction and post-seismic pore pressure dissipation. The required mitigation for design shall be based on a site specific geotechnical investigation subject to the review and approval by the City of Gilroy Engineering Division prior to the issuance of building permits. 18. The applicant shall prepare an erosion and deposition control plan detailing appropriate methods of erosion and deposition control during grading, construction and operation of the proposed project. The erosion and deposition control plan shall be subject to review and approval by the City of Gilroy Engineering Division prior to the issuance of building permits. 19. As required by General Plan Action 25.E, the applicant shall prepare a site specific soils report for the proposed project which inc ludes laboratory testing 0 f 0 n-site soils as well as design criteria for building foundations, basement walls, roads, and other structures. The soils report shall be subject to review and approval by the City of Gilroy Engineering Division prior to issuance of the building penn its. 20. The project applicant shall submit a Notice of Intent (NOI), detailed engineering designs, and a Storm Water Pollution Prevention Plan (SWPPP) program to the Central Coast RWQCB to obtain a NPDES General Construction permit prior to any grading or construction activities. This permit shall require implementation of an approved SWPPP that uses storm water Best Management Practices (BMPs) to control runoff, erosion and sedimentation from the site. The SWPPP is subject to review and approval by the Central Coast RWQCB and the Gilroy Engineering Division. 21. Construction activities shall be limited 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 holidays. No construction activities are allowed on Sundays. This mitigation measure shall be subject to enforcement by the Building Division and the Police Department. 22. All construction equipment engines shall be properly tuned and muftled according to manufacturers' specifications, subject to monitoring by the Building and Engineering Divisions. 23. Noise construction activities whose specific location on the site may be flexible (e.g~, operation of compressors and generators, cement mixing, general truck idling) shall be conducted as far as possible from the nearest noise-sensitive land uses, and natural and/or manmade barriers (e.g., intervening construction trailers) shall be used to screen propagation of noise from such activities towards these land uses to the maximum extent possible. This mitigation measure shall be subject to enforcement by the Building Division. 24. The use of those pieces of construction equipment or construction methods with the greatest peak noise generation potential shall be minimized. Examples include the use of drills and jackhammers. This mitigation measure shall be subject to enforcement by the Building Division. Gi lroy Masoni Orchard Subdivision Negative Declaration 7 September 2004 2S. Barriers such as plywood structures or flexible sound control curtains shall be erected along the western edge of the site to minimize noise exposure to the church. This mitigation measure shall be subject to enforcement by the Building Division. Date Prepared: September 3,2004 End of Review Period: September 29, 2004 Date Adopted by City Council: William Faus Planning Division Manager bfaus@ci.gilroy.ca.us I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2004-18 is an original ordinance, or a true and correct copy of a city ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 15th day of November, 2004, at which meeting a quorum was present, and has been published or posted pursuant to law. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 19th day of November, 2004. ,J"J ~u1^-- (f;;--tfrA-. City Clerk of the City of Gilroy (Seal)