Ordinance 2004-20
ORDINANCE NO. 2004-20
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
PREZONING APPROXIMATELY 6.21 ACRES AS R1-PUD (SINGLE-FAMILY
RESIDENTIAL PLANNED UNIT DEVELOPMENT), PREZONING
APPROXIMATELY 2.11 ACRES AS PF (PARKIPUBLIC FACILITY), AND
REZONING FROM Rl (SINGLE-FAMILY RESIDENTIAL) TO R1-PUD
(SINGLE-F AMIL Y RESIDENTIAL - PLANNED UNIT DEVELOPMENT)
APPROXIMATELY 0.39 ACRES, ALL LOCATED AT 6151 THOMAS ROAD,
APNS 808-39-066,067 AND 808-21-024, -025; Z 02-05
WHEREAS, the Church of the Latter Day Saints submitted Z 02-05 requesting an
amendment to the City of Gilroy's Zoning Map so that approximately 6.21 acres is prezoned to R1-
PUD (Single-Family Residential - Planned Unit Development), approximately 2.11 acres is
prezoned to PF (ParkJPublic Facility), and approximately 0.39 acres is rezoned from R1 (Single-
Family Residential) to R1-PUD (Single-Family Residential - Planned Unit Development); and
WHEREAS, the property affected by Z 02-05 is located at 6151 Thomas Road, on the
western side of Thomas Road between Vinca Court and Alder Street, APNs 808-39-066, 067 and
808-21-024, -025; and
WHEREAS, pursuant to California Government Code section 65859, a city may prezone
property in unincorporated territory to determine the zoning that will apply to that territory upon
annexation to the city, which zoning will become effective only upon annexation to the city; and
WHEREAS, the Planning Commission reviewed application Z 02-05 at a duly noticed public
hearing on October 7, 2004, and recommended that the City Council adopt the proposed Negative
Declaration and approve application Z 02-05; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA") Guideline
15074.1, the City Council on October 18, 2004, at its public hearing on the project considered the
proposed Negative Declaration, and determined to delete Mitigation Measure 8 because Mitigation
Measure 7 requiring the preparation of a storm water pollution prevention plan is equivalent or more
effective in mitigating the storm water impact of the project; and
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Ordinance No. 2004-20
WHEREAS, the City Council has determined that the project will require an updated
environmental analysis regarding potential traffic impacts prior to architectural and site approval;
and
WHEREAS, the City Council held duly a noticed public hearing on Z 02-05 on
October 18, 2004, at which public hearing the City Council considered the project and based upon
substantial evidence produced both in writing and orally, including the Staff Report dated
September 23,2004, and Supplemental Staff Report dated October 8, 2004, resolved that the project
should be approved; and
WHEREAS, the location and custodian of the documents or other materials which constitute
the record of proceedings upon which this ordinance is based is the office of the City Clerk.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
A. In compliance with CEQA Guideline 15074.1, the City Council held a public
hearing on the project on October 18, 2004, and considered the proposed Negative Declaration, and
determined to delete Mitigation Measure 8. The City Council hereby finds that Mitigation Measure
7, requiring the preparation of a storm water pollution prevention plan, is equivalent or more
effective in mitigating the storm water impact of the project than is Mitigation Measure 8, and
therefore substitutes Mitigation Measure 7 to mitigate the impact formerly discussed in Mitigation
Measure 8.
B. The City Council hereby adopts the proposed mitigated Negative Declaration for
this project with 11 rather than 12 mitigation measures, finding that the Negative Declaration as
revised 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.
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Ordinance No. 2004-20
SECTION II
The City Council hereby finds that Z 02-05 should be and hereby is approved for the reason
set forth in A below, and subject to condition B below:
A. The project is consistent with the Gilroy General Plan because it conforms to the
land use designation for the property on the General Plan Map and is consistent with the intent of
the text, goals and policies of the General Plan.
B. The mitigation measures set forth in the mitigated Negative Declaration dated
December 13, 2002, except for mitigation measure #8 which is hereby deleted, and the
Mitigation Monitoring Program, both attached hereto as Exhibit A and incorporated herein by
this reference, are hereby adopted. The City Council also adds a condition to the project that it
shall be subject to an updated environmental analysis regarding potential traffic impacts prior to
architectural and site approval.
C. The Zoning Map of the City of Gilroy is hereby amended to pre-zone to R1-PUD
(Single-Family Residential - Planned Unit Development) approximately 6.21 acres identified as
APN 808-39-066, to pre-zone to PF (Park/Public Facility) approximately 2.11 acres identified as
APN 808-21-024 and -25, and to re-zone from R1 (Single-Family Residential) to RI-PUD (Single-
Family Residential ~ Planned Unit Development) approximately 0.39 acres identified as APN 808-
39-067, which parcels are all located at 6151 Thomas Road, on the western side of Thomas Road
between Vinca Court and Alder Street.
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 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
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Ordinance No. 2004-20
anyone or more sections, subsections, subdivisions, sentences, clauses or phrases be declared
unconstitutional.
SECTION IV
This ordinance shall take effect and be in full force in thirty (30) days from and after its
adoption, provided however, that the zoning shall take effect at the same time the annexation ofthis
property to the City of Gilroy becomes effective pursuant to California Government Code section
65859.
PASSED AND ADOPTED this 15th day of November, 2004, by the following vote:
AYES:
COUNCILMEMBERS:
CORREA, DILLON, MORALES,
V ALIQUETTE and PINHEIRO
GARTMAN
NOES:
COUNCILMEMBERS:
ABSENT
COUNCILMEMBERS:
VELASCO
~
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Ordinance No. 2004-20
EXHIBIT A
One condition was added to the Annexation request during City Council approval
which reads: At time of Architectural & Site Review pun approval the Applicant will
update the Traffic Study portion of the Initial Study to reflect traffic conditions as it
exists at the time of City Council hearing.
Latter Day Saints Annexation and Zone Change Initial Study
Mitigation Monitoring Checklist
Step 1 Prior to approval of the Architectural and Site Review, the following mitigation
measure shall be implemented:
Mitigation Measure 4
Prior to architectural and site review approval, the project proponent shall submit with
their application an existing tree survey for review and approval by the Architectural and
Site Review Group and City of Gilroy Planning Division, indicating the location, size
and species of existing trees found within the project site boundaries. The plan shall
indicate which trees are planned for removal. Based on review of the Landscape Plan,
the City shall determine which trees, if any, are "significant."
If significant trees are determined to be located on the project site, they shall be retained,
to the greatest extent feasible. The dripline of significant trees to be retained shall be
fenced prior to grading activities to prevent root damage. If retention of all significant
trees on the project site is infeasible, a written report shall be prepared by a certified
arborist including the number and location of each significant tree to be removed, the
type and approximate size of each significant tree, the reason for removal, and
specifications for replacing significant trees to be removed. The written report shall be
prepared prior to the commencement of grading activities, subject to approval by the
City of Gilroy Planning Division.
Prior to the commencement of construction activities, the protected zone (one to 1.5
times the distance from the trunk to the dripline, depending on the tree species) of any
trees or groups of trees to be retained shall be fenced to prevent injury to the trees during
construction. Soil compaction, parking of vehicles or heavy equipment, stockpiling of
construction materials, and/or dumping of materials shall not be allowed within the
protected zone. The fencing shall remain in place until all construction activities are
complete. The trees or groups of trees to be fenced shall be indicated in a written report
prepared subject to approval by the City of Gilroy Planning Division.
Party responsible for implementation:
Party responsible for monitoring:
Applicant
Gilroy Planning Division
EMC Planning Group Inc.
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Mitigation Monitoring Program
Latter Day Saints "nnexation and Zone Change
Mitigation Measure 8
Project plans for any development proposed for the project site shall include a
sedimentation basin adequate for filtering out heavy storm water contaminants such as
silt, and grease traps suitable for filtering out other urban pollutants to the extent feasible.
Additional measures as presented in "Start at the Source, Design Guidance Manual for
Storm Water Quality Protection," prepared by the Bay Area Storm Water Management
Agencies Association and "Parking Lot Best Management Practices Manual," prepared
by the Santa Clara Valley Urban Run-off Pollution Prevention Program may be required
for specific projects. Physical water quality safeguards shall be installed prior to
occupancy of the proposed development, and the best management practices plan must
be implemented upon occupancy. The plan shall be subject to the review and approval of
the City of Gilroy Planning Division.
Party responsible for implementation:
Party responsible for monitoring:
Applicant
Gilroy Planning Division
Mitigation Measure 9
To achieve compliance with the 60 dBA exterior noise goal and the 40 dBA interior
noise goal recommended for this project, the project proponent shall have a noise report
prepared prior to submitting the plans for Architectural and Site Review. The
recommendations of the noise report shall be incorporated into the design of the church
facility, subject to review and approval by the Gilroy Engineering Division.
Party responsible for implementation:
Applicant
Party responsible for monitoring:
Gilroy Engineering Division
Mitigation Measure 11
Subject to the review and approval of the Planning Division, the facilities site plan shall
include parking capacity to accommodate all expected weekday and weekend ward
service and/or other normal church function attendees. If only two wards (with non-
overlapping times) are reasonably expected to occur throughout the future operation of
the church facility, then 180 parking spaces should be adequate (based on attendance
expectation of 175 people in each ward). If a third ward is reasonably expected to occur,
the site plan shall include adequate onsite parking for all expected attendees.
Party responsible for implementation:
Party responsible for monitoring:
Applicant
Gilroy Planning Division
Mitigation Measure 12
Subject to the review and approval of the Engineering Division, improvement plans shall
include the following improvements, to be implemented concurrent with adjacent street
improvements:
.
Install city standard sidewalks along Thomas Road;
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Latter Day Saints Annexatiu.. dnd Zone Change
Mitigation Monitoring Program
Provide convenient pedestrian access in compliance with the American with
Disabilities Act (ADA) from the project site to the sidewalk along Thomas Road
for access to the existing bus stop;
· Continue the existing class 2 bike lane along Thomas Road.
Party responsible for implementation:
Party responsible for monitoring:
Applicant
Gilroy Engineering Division
Step 2 Prior to approval and issuance of a grading pemrit and/or a building pemrit, the
following mitigation measures shall be implemented:
Mitigation Measure 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 by the City of 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 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 following measures should be implemented at construction sites greater than four
acres in area;
.
All those measure listed above;
Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas
(previously graded areas inactive for fourteen 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; and
Replant vegetation in disturbed areas as quickly as possible.
.
.
.
EMC Planning Group Inc.
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Mitigation Monitoring Program
Latter Day Saint~ ,,(lnexation and Zone Change
The following measures shall be implemented at construction sites that are large in area,
located near sensitive receptors or which for any other reason may warrant additional
emissions reductions:
· Place a minimum of 100 linear feet of 6 to 8 inch average diameter cobble at all
exit points to dislodge and trap dirt from vehicle tires;
Suspend excavation and grading activity when winds (instantaneous gusts)
exceed 25 miles per hour; and
· Limit the area subject to excavation, grading and other construction activity at
anyone time.
Party responsible for implementation:
Party responsible for moniton'ng:
Applicant
Gilroy Engineering Division
Mitigation Measure 2
The following measures shall be incorporated into all future project plans for the project
site, subject to the review and approval of the City of Gilroy Engineering Division:
The idling time 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 to the following City of Gilroy Construction Standard hours of
operation: weekdays between 7 AM and 7 PM and Saturdays and holidays
between 9 AM and 7 PM, with no construction on Sundays;
· All equipment shall be maintained in accordance with the manufacturer's
specifications;
· When feasible, alternative fueled or electrical construction equipment shall be
used at the project site;
· Use the minimum practical engine size for construction equipment; and
· Gasoline-powered equipment shall be equipped with catalytic converters,
where feasible.
Party responsible for implementation:
Party responsible for monitoring:
Applicant
Gilroy Engineering Division
Mitigation Measure 3
Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior
to commencement of grading or construction activities occurring within 200 feet of trees
located on and adjacent to the project site, a tree survey shall be conducted by a qualified
biologist to determine if active nest(s) of protected birds are present in the trees. Areas
within 200 feet of the construction zone that are not within the control of the applicant
shall be visually assessed from the project site. This survey shall be required only if any
construction would occur during the nesting and/or breeding season of protected bird
species potentially nesting in the tree (generally March 1 through August I). If active
nest(s) are found, clearing and construction within 200 feet of the tree shall be postponed
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Latter Day Saints Annexatiu.. and Zone Change
Mitigation Monitoring Program
or halted until the nest(s) are vacated and juveniles have fledged and there is no evidence
of a second attempt at nesting, at the discretion of the biologist. If construction activities
are not scheduled between March I and August I, no further surveys of the tree shall
be required.
Party responsible for implementation:
Party responsible for monitoring:
Applicant
Gilroy Planning Division
Mitigation Measure 5
Due to the possibility that significant buried cultural resources might be found during
construction, the following language shall be included on any permits issued for the
project site, including, but not limited to building permits for future development, subject
to the review and approval of the Gilroy Planning Division:
If archaeological resources or human remains are discovered during construction, work
shall be halted within 50 meters (165 feet) of the fmd until a qualified professional
archaeologist can evaluate it. If the fmd is determined to be significant, appropriate
mitigation measures shall be formulated and implemented (General Plan Policy 5.07).
Party responsible for implementation:
Party responsible for monitoring:
Applicant
Gilroy Planning Division
Mitigation Measure 6
In the event of an accidental discovery or recognition of any human remains in any
location other than a dedicated cemetery, the City shall ensure that this language is
included in all permits in accordance with CEQA Guidelines section 15064.5(e), subject
to the review and approval of the City of Gilroy Planning Division:
If human remains are found 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 the 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.
EMC Planning Group Inc.
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Mitigation Monitoring Program
Latter Day Saints n/mexation and Zone Change
Party responsible for implementation:
Party responsible for monitoring:
Applicant
Gilroy Planning Division
Mitigation Measure 7
The project applicant shall submit a Notice of Intent (NOI), detailed engineering
designs, and a storm water pollution prevention program to the Central Coast RWQCB.
The project applicant shall obtain a National Pollution Discharge Elimination System
(NPDES) General Construction permit from the RWQCB prior to any grading or
construction activities. This permit shall require implementation of an approved SWPPP
that uses storm water "Best Management Practices" to control runoff, erosion and
sedimentation from the site. The Storm Water Pollution Prevention Program is subject
to review and approval by the Central Coast Regional Water Quality Control Board and
the Gilroy Engineering Division.
Party responsible for implementation:
Party responsible for monitoring:
Applicant
Gilroy Engineering Division, Regional Water Quality
Control Board.
Mitigation Measure 10
As part of normal City review and approval procedures for the proposed project, the
following measures shall be incorporated to mitigate construction noise, subject to the
review and approval of the City of Gilroy Engineering Division:
a. Limit construction activity to weekdays between 7 AM and 7 PM and Saturdays
and holidays between 9 AM and 7 PM, with no construction on Sundays;
b. Require that all internal combustion engine-driven equipment are equipped with
mufflers that are in good condition and appropriate for the equipment;
c. Locate stationary noise-generating equipment as far as possible from sensitive
receptors when sensitive receptors adjoin or are near a construction project area;
and
Party responsible for implementation:
Party responsible for monitoring:
Applicant
Gilroy Engineering Division
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EMC Planning Group Inc.
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2004-20 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.
(.~ .12
'---A." ." td I'~ <_L~/CzA-
City Clerk of the City of Gilroy
(Seal)