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Ordinance 2007-09 ORDINANCE NO. 2007-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING APPLICATION Z 07-01 FOR A CHANGE IN ZONING DESIGNATION FROM Al (AGRICULTURAL) TO PRE-ZONE THE PROJECT TO ND-PUD (NEIGHBORHOOD DISTRICT -PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 10.68 ACRES LOCATED ON VICKERY AVENUE, WEST OF WREN AVENUE, (APN 790-06-016). WHEREAS, South County Housing, submitted application Z 07-01 to change the zoning designation from Al (Agricultural) to pre-zone the property to ND-PUD (NEIGHBORHOOD DISTRICT-PLANNED UNIT DEVELOPMENT) on approximately 10.68 acres located on Vickery Avenue, west of Wren Avenue, APN 790-06-016, ("the Project"); and WHEREAS, pursuant to California Government Code section 65859, a city may pre-zone 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 held a duly noticed public hearing on March 1, 2007, at which time the Planning Commission considered the public testimony, the staff report dated February 20, 2007 ("Staff Report"), and all other documentation related to application Z 07-01, and recommended that the City Council approve the Mitigated Negative Declaration, and approved said application; and WHEREAS, the City Council held a duly noticed public hearing on March 19,2007, at which time the City Council considered the public testimony, the Staff Report, a supplemental staff report dated March 12, 2007, and all other documentation related to application Z 07- 01; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council on March 19, 2007 adopted a Mitigated Negative Declaration for this Project finding that it was prepared in compliance with CEQA, reflects the independent judgment of the City and that the mitigation measures will avoid or mitigate the effects such that this project will have no significant impact to 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. -1- ILLEZOTTEI720961.2 Ordinance No. 2007-09 n"'ll'\r.-n"7 f\A"'1nronnn SECTION I NOW, THEREFORE, THE CITY COUNCIL FINDS THAT: 1. The proposed rezoning (ND-PUD) is consistent with the intent of the goals and policies of the City's General Plan, and with the land use designation (ND) on the General Plan Land Use map. 2. The subject property is located within the incorporated City limit and the public utilities and infrastructure improvements needed to serve the proposed project are in close proximity. 3. The property is surrounded primarily by rural uses; however, the property surrounding this site is planned for ND development. The proposed residential use is consistent with the planned land uses in this area. 4. There is no substantial evidence in the entire record that there will be any significant environmental impacts as a result of this Project that were not addressed in the Mitigated Negative Declaration and the mitigations required of this Project. SECTION II Based on the above findings, zoning application Z 07-01 is hereby approved subject to the mitigation measures set forth in the Mitigated Negative Declaration and to the Mitigation Monitoring Program contained therein and attached hereto as Exhibit "A" and incorporated by this reference. 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 anyone or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. -2- ILLEZOTTEI720961.2 Ordinance No. 2007-09 SECTION IV This Ordinance shall become effective thirty (30) days after its adoption, provided however, that pursuant to California Government Code section 65859, this zoning shall take effect only if, and upon the same date that the annexation of this property to the City of Gilroy takes effect. PASSED AND ADOPTED this 16th day of April, 2007, by the following vote: NOES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, and VALIQUETTE GARTMAN and VELASCO AYES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: PINHEIRO 1 Peter Arellano, Mayor Pro Tempore ~(~- Rhonda Pellin, City Clerk -3- ILLEZOTTEI720961.2 Ordinance No. 2007-09 EXHIBIT A Community Development Department Planning Division NEGATIVE OECLARA TION City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 (408) 846-0440 City File Number: A 05-01, TM 06-14, and AlS 06-45 Proiect Description: Name of Project: Harvest Park Annexation and Residential Subdivision Nature of Project: A Planned Unit Development application consisting of an Annexation, a Tentative Map, and Architectural and Site Review to create 251 residential units of varying densities on a 36-acre site. Proiect Location: Location: The project site is located in the northern portion of the City of Gilroy and within unincorporated Santa Clara County. The site is bounded by Monterey Road and Union Pacific/Caltrain railroad tracks to the east, barns and a single-family residential home to the north, and a residential home and Antonio Del Buono School to the south west. Assessor's Parcel Number: 790-06-016, 029, 030, 032, 033 Entity or Person(s) Undertakina Proiect: Name: South County Housing Authority Address: 9015 Murray Avenue, Suite 100, 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. Findinas & 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: 1. The proposal is a logical component of the existing land use of this area. Harvest Park Annexation and Residential Subdivision Negative Declaration January 2007 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 judgment of the City of Gilroy. Mitiaation Measures: Prior to approval and issuance of the final improvement plans, the following mitigation measures shall be implemented: 1. The project applicant 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: . Water all construction areas at least twice daily; . Cover all trucks hauling soil, sand, and other loose materials; . Apply clean gravel, water, or non-toxic soil stabilizers on all unpaved access roads, parking areas and staging areas at constructions sites; . Remove excess soils from paved access roads, parking areas and staging areas at construction sites; . Sweep streets daily (with mechanical sweepers) if visible soil material is carried 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 (dirt, sand, etc.); . Limit traffic speeds on unpaved roads to 15 miles per hour; . Install sandbags or other erosion control measures to prevent silt runoff to public roadways; . Replant vegetation in disturbed areas as soon as possible; . Install wheel washers for all exiting trucks or wash off the tires or tracks of all trucks and equipment leaving the construction site; . Install wind breaks at the windward sides of the construction areas; . Suspend excavation and grading activities when wind (as instantaneous gusts) exceeds 25 miles per hour; . 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; . All equipment shall be properly tuned and maintained in 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 2 Harvest Park Annexation and Residential Subdivision Negative Declaration January 2007 . Gasoline-powered equipment shall be equipped with catalytic converters, where feasible. 2. Fire Sprinkler systems shall be installed per NFPA 130 requirements. Systems are subject to review and approval by the Fire Marshal. 3. The project applicant shall pay all applicable fire department development impact fees to the City's Capital Improvement Program, subject to monitoring by the Gilroy Building Division. 4. The project applicant shall pay all applicable police department development fees to the City's Capital Improvement Program subject to monitoring by the Building Division. 5. The project applicant shall pay the applicable school development fees, subject to monitoring by the Gilroy Unified School District and Building Division. 6. The project applicant shall disclose to potential home owners that elementary students in their household will not attend the adjacent Antonio del Buono Elementary School. 7. The project applicant shall pay all applicable park development fees, subject to monitoring by the Building Division. 8. The project applicant shall pay all applicable library development fees, subject to monitoring by the Building Division. 9. The project applicant shall pay all applicable infrastructure impact fees to the City of Gilroy, subject to monitoring by the Gilroy Engineering Division. 10. The project applicant shall pay all applicable infrastructure impact fees to the City of Gilroy, subject to monitoring by the Gilroy Engineering Division. Prior to approval and issuance of a grading or building permit, the following mitigation measures shall be implemented: 11. Subject to the review and approval of the Planning Division, new outdoor lighting shall be directed on-site and designed and installed with shielding. 12. The project shall comply with applicable Gilroy General Plan policies and actions and with the City's Lighting Standards. 13. Focused plant surveys should be conducted 'for Hoover's button-celery in July and legenere between April and June. If these species are not observed during the focused surveys, they can be considered absent from the project site. If they are observed, they should be mapped and impacts to the population(s) from the proposed project quantified. If impacts are anticipated, a mitigation and monitoring plan should be developed in consultation with CDFG that may include population avoidance, seed collection and propagation, and/or other measures to minimize the adverse impacts to the species. 14. If ground disturbance is scheduled to occur during the breeding bird season (February 1 to August 1), a qualified biologist shall conduct pre-construction nesting bird surveys within 30 days prior to the onset of any construction activity. If white-tailed kite, loggerhead shrike, California horned lark, or any other bird species protected under the Migratory Bird Treaty Act and Fish and Game Codes are observed nesting on or near the project site, an appropriate buffer zone shall be established around all active nests to protect nesting adults and their young from construction disturbance. Buffer zones shall be determined in consultation with CDFG based on the site conditions and the species potentially impacted. Work within the buffer zone should be postponed until all the young are fledged, as determined by a qualified biologist. Currently, CDFG requests a 300-foot buffer for nesting raptors such as white-tailed kite, a 100-foot buffer for special-status passerines such as loggerhead shrike, and a 50-foot buffer for all other native bird nests (Johnston, pers. comm.). To 3 Harvest Park Annexation and Residential Subdivision Negative Declaration January 2007 accommodate nesting raptors, pre-construction surveys should include all land within 300 feet of the edge of the site. 15. A qualified burrowing owl biologist shall conduct a burrowing owl pre-construction survey within 30 days prior to initial ground disturbance or construction activity. The qualified burrowing owl biologist shall survey the entire project site and a 250-foot buffer to determine presence or absence of the species. . If burrowing owls are observed on the project site 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 site for construction and grading activities. A qualified burrowing owl biologist shall do all exclusionary device installation and subsequent monitoring. Passive relocation should be performed in consultation with CDFG. . If burrowing owls are occupying the project site during the nesting season (February 1 through August 1), nest burrows shall be avoided by setting up a 250-foot exclusion area around the nest burrow (CDFG 1995) and CDFG shall be contacted for guidance. The active nest shall be monitored to ensure construction activity does not disturb the nesting owls or cause nest abandonment. Work within the buffer zone shall be postponed until all the young are independent, as determined by a qualified biologist. CDFG may require a detailed mitigation plan that includes passive relocation after the young have fledged and maintenance of occupied habitat offsite in perpetuity. 16. A site assessment for CTS shall be performed according to current protocol, which involves submitting specific information in a report to the USFWS (USFWS and CDFG 2003). Based on the results of the site assessment, the USFWS will determine if the site may provide habitat for CTS and whether further surveys are necessary. If the USFWS no longer considers the site to be appropriate for CTS, then no further actions are required. If the USFWS requires focused surveys according to protocol, two consecutive years of drift-fence studies are needed to support a negative finding (USFWS and CDFG 2003). If CTS are present, a take permit must be acquired, which typically includes acquisition and management of occupied CTS lands in perpetuity. 17. Within 14 to 30 days prior to construction, a qualified biologist shall conduct a ground survey for American badger dens. If dens are present, the qualified biologist shall determine if they are occupied by studying recent sign or monitoring for tracks using den dusting techniques for three consecutive days. If active dens are present, CDFG shall be contacted for perrrission to excavatl3 and passively relocate the badgers. Note that CDFG may not approve excavation of active natal dens, which could be avoided by constructing in the late summer or fall under the direction of a qualified biologist. 18. A jurisdictional wetland delineation shall be conducted, and verified by the Corps, to determine the presence and extent of jurisdictional wetlands and other waters on the project site. If jurisdictional areas are verified on the project site, and these will be impacted by the proposed project, a Corps permit (and subsequent 401 certification) would be required. In addition, if a bridge is built across Uagas Creek, and any portion of the bridge falls within CDFG jurisdiction (e.g., below the top of bank of the Creek), a Streambed Alteration Agreement would be required. Any impacts to jurisdictional waters that may occur as a result of the proposed project would be reduced to less-than-significant levels by following the terms and conditions of the Corps permit, 401 certification, and CDFG Streambed Alteration Agreement, if required. 19. If prehistoric or historic period materials are discovered during grading or construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented (Gilroy General Plan Policy 5.07). 20. 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 clverlie 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 sllall contact the Native American Heritage 4 Harvest Park Annexation and Residential Subdivision Negative Declaration January 2007 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. 21. 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 building permits. 22. 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 Engineering Division prior to the issuance of building permits. 23. 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 approlfal by the City of Gilroy Engineering Division prior to the issuance of building permits. 24. As required by General Plan Action 25.E, the applicant shall prepare a site-specific soils report for the proposed project which includes laboratory testing of on-site soils as well as design criteria for building foundations, basement walls, roads, and other structures to mitigate impacts associated with expansive soils. The soils report shall be subject to review and approval by the City of Gilroy Engineering Division prior to issuance of building permits. 25. The project applicant shall prepare a detailed Flood Management and Mitigation Plan (FMMP), subject to approval by the Santa Clara Val!ey Water District (SCVWD) and the City of Gilroy. 26. The project applicant shall submit :a Notice of Intent (NOI), jetailed 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 to control runoff, erosion, and sedimentation from the site during the grading/construction and long-term operational phases of the project. The SWPPP is subject to review and appro'Jal by the Central Coast RWQCB and the Gilroy Engineering Division. 27. The first floor of all buildings shall be constructed a minimum of two feet above existing ground level to reduce flood risks within Zone X designated areas. 28. The following language shall be included on all permits issued for this project, subject to the review and approval of the Building Division: "All ::onstr'.lction activities shall be limited to weekdays between 7:00 a.m. and 7:00 p.m. and to Saturday and City holidays betvveen 9:00 a.m. and 7:00 p.m. No construction is allowed on Sundays". 29. All construction equiprnrmt engine.s shall be prop1crly tuned and muffled according to manufacturers' specifications. 5 Harvest Park Annexation and Residential Subdivision Negative Declaration January 2007 30. 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. 31. 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. 32. 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 residential uses. 33. The project frontage on Monterey Road shali be designed such that sufficient right-of-way is available for the future widening and addition of a bike/pedestrian trail on Monterey Road, as specified in the City of Gilroy General Plan and the City of Gilroy Trails Master Plan. Additionally, the project site design shall accommodate, as necessary, the planned trail in the Uagas Creek Corridor. The design of Cohansey Avenue shall accommodate Class II bike lanes or other similar bike facility. 34. Sidewalks shall be built on both sides of a;1 streets in the development and on the project frontage on Monterey Road. Additionally, the sidewalk 01 the east side of Wren Avenue shall be extended south to Antonio del Buono Elementary School to facilitate peclestrian access between the school and the project site. 35. The recommended turn pocket lengths for the Monterey/Cohansey intersection are as follows: The eastbound left-turn shall be a double left-turn lane with 125- to 150-foot pockets, the southbound right-turn lane shall be 100 feet long, and the northbound left-turn pocket shall be 100 to 125 feet long. 36. The radius of the horizontal curve on Church Street, south of Cohansey Avenue shall be increased to at least 610 feet to comply with City street o6sign standards. 37. The roadway width of the residential alleys on the project site shall be increased to at least 20 feet to comply with the City of Gilroy Municipal Code. The driveways and alley widths \vhere alleys connect to collector and arterial streets shall be flared to at least 24 feet to provide better rNo-way access for vehicular traffic. Additionally, on-street parking shall not be allowed near these driveways to maintain adequate site distance at the driveways. 38. The sidewalks on the various local public streets on the site shall be widened to at least 6 feet to comply with City street design standards. 39. The first median break or. Cohans'ay Avenue, "Jest of Mor.terey Road, as shown on the site plan shall be closed or shall be rslocatad so t(!at it it>, sit'Jatad west of the beginning of the bay taper for the eastbound left- turn lanes at Monterey Road. Assuming a 120-foot bay taper, the first median break would be approximately 245 to 270 feet west of Monterey Road. 40. The applicant shall provide parking in compliance wittl the Zoning Ordinance subject to the review and approval of the Planning Division. 41. The project will provide accommodations for the proposed improvements on Monterrey Road subject to the review and approval of these improvements. Date Prepared: JLirlP. .__.' 2006 End of Review Period: J'.I'y _, 200:3 Date A.dopted by City Ccuncil: July .__.' 2006 6 Harvest Park Annexation and Residential Subdivision Negative Declaration William Faus Planning Division Manager bfaus@ci.gilroy.ca.us 7 January 2007 ,*" "",*,. I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached Ordinance No. 2007-09 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 16th day of April, 2007, 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 27th day of April, 2007. (Seal)