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Ordinance 2010-14 ORDINANCE NO. 2010-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING APPLICATION Z 07-05 FOR A CHANGE IN ZONING DESIGNATION FROM C3 AND CM (COMMERCIAL INDUSTRIAL) TO C3/PUD (SHOPPING CENTER COMMERCIAL-PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 5.75 ACRES LOCATED AT THE NORTHEAST CORNER OF LEAVESLEY ROAD AND FOREST STREET, APNS 835-01- 050 AND 835-01-064 WHEREAS, The Fresh Group submitted application Z 07-05, to change the zoning designation from C3 and CM (Commercial Industrial) to C3/PUD (Shopping Center Commercial-Planned Unit Development) on approximately 5.75 acres ("the Project"), located the northeast corner of Leavesley Road and Forest Street, APNs 835-01-050 and 835-01- 064; and WHEREAS, the Planning Commission held a duly noticed public hearing on May 6, 2010, at which time the Planning Commission considered the public testimony, the staff report dated April 27, 2010 ("Staff Report"), the proposed Mitigated Negative Declaration, and all other documentation related to application Z 07-05, and recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public hearing on June 7, 2010, at which time the City Council considered the public testimony, the Staff Report, a supplemental staffreport, and all other documentation related to application Z 07-05; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council after consideration of the proposed Mitigated Negative Declaration prepared for the Project adopted the Mitigated Negative Declaration, with Mitigation Measure T-3 revised and Mitigation Measure T -5 deleted, finding that it was completed in compliance with CEQA, that it IJH\821614.1 060810-04706083 1 ORDINANCE NO. 2010-14 reflects the independent judgment of the City, and that there is no substantial evidence in the entire record that the Project as mitigated will have a significant effect on the environment. Said Mitigated Negative Declaration is attached hereto as Exhibit "A"; 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: 1. The proposed rezoning is consistent with intent of the goals and policies of the City's General Plan, and with intent of the land use designation on the General Plan Land Use Map. 2. There is no substantial evidence in the entire record that the Project with the adopted mitigation measures, as revised, will cause any significant environmental impacts. 3. The Project with the adopted mitigation measures, as revised, will not be detrimental to the public welfare or injurious to persons or property in the vicinity. SECTION II The City Council hereby adopts the Mitigation Monitoring Program, as revised, attached hereto as Exhibit 'B". SECTION III Based on the above findings, zoning application Z 0705 is hereby approved, subject to the Mitigated Negative Declaration and the Mitigation Monitoring Program, as revised'. SECTION IV \JH\821614.1 060810-04706083 2 ORDINANCE NO. 2010-14 This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. PASSED AND ADOPTED this 19th day of July, 2010, by the following vote: NOES: COUNCILMEMBERS: ARELLANO, BRACCO, DILLON, GARTMAN, TUCKER, WOODWARD PINHEIRO AYES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE APPROVED: ~. \JH\821614.1 060810-04706083 3 ORDINANCE NO. 2010-14 Community Development Department Planning Division (408) 846-0440 NEGATIVE DECLARATION City of Gilroy Community Development Department 7351 Rosanna St. Gilroy, CA 95020 City File Number: Z 07-05 and AS 08-01 Proiect Description: Name of Project: Forest Street Commercial Zone Change and Architecture & Site Approval Nature of Project: The project includes a zone change to designate the entire project site Shopping Center Commercial (C3). The proposed development consists of the following: · Four-story, full service hotel with 188 guest rooms (approximately 113,100 square feet); · Four-story, extended stay hotel with 72 guest units (approximately 40,300 square feet); · Four-level parking structure (approximately 149,200 square feet); · One-story, 10,000 square-foot sit-down restaurant; · One-story, 3,000 square-foot drive through fast food restaurant; and Appurtenant structures including a gazebo near the extended stay hotel and a pool and restroom at the full service hotel. EXHIBIT A Forest Street Commercial Z 07-05 and AS 08-01 2 Negative Declaration April 15, 2009 Proiect Location: Location: The proposed project site is located at the northeast corner of Leavesley Road (State Route 152) and Forest Street in the City of Gilroy. The project is situated with light industrial uses to the west, a church and an undeveloped lot to the north a hotel to the east, and houses and commercial uses to the south. The U.S. Highway 101/Leasvesley Road interchange is located approximately 1,500 feet east of the project site. Assessor's Parcel Number: 835-01-050 Entity or Person(s) Undertakinl!: Proiect: Name: City of Gilroy Community Development Department Address: 7351 Rosanna Street, Gilroy, CA 95020 Staff Planner: Melissa Durkin, Melissa.durkin@ci.gilroy.ca.us 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 attached. Findinl!:s & 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 fmdings: ~ The proposed project is surrounded by commercial and industrial development and is located within an area designated in the general plan for commercial uses. ~ Identified adverse impacts are proposed to be mitigated. ~ 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. ~ The Gilroy Planning Division is the custodian of the documents and other material that constitute the record of proceedings upon which this decision is based. EXHIBIT A Forest Street Commercial Z 07-05 and AS 08-01 3 Negative Declaration April 15, 2009 Air Quality AQ-1. The following measures shall be required during construction activities that result in ground disturbance (grading or excavation): a. Water all active construction areas at least twice daily; b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; c. 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; d. Sweep all paved access roads, parking areas and staging areas at construction sites daily (with water sweepers); e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets; f. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); g. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.); f. Limit traffic speeds on unpaved roads to 15 mph; g. Install sandbags or other erosion control measures to prevent silt runoff to public roadway; and. h. Replant vegetation in disturbed areas as quickly as possible. Biological Resources BIO-1 The project applicant shall coordinate pre-construction surveys for nesting birds to be conducted by a qualified biologist within 30 days prior to construction if construction is to occur during the nesting season (February through mid-September). If nests are located during pre-construction surveys, a qualified biologist will establish a 2S0-foot buffer around each nest for the duration of the breeding season (until such time as the young are fully fledged) to prevent nest harassment and brood mortality. Work may proceed prior to mid- September only if a qualified biologist conducts nest checks and establishes that the young EXHIBIT A Forest Street Commercial Z 07-05 and AS 08-01 4 Negative Declaration April 15, 2009 are fully fledged. Every effort shall be made to avoid removal or impact to known nests within project boundaries. If trees known to support nests cannot be avoided, removal of these trees will only occur outside of the nesting season (mid-September through January). A report documenting the results of the surveys and plan for avoidance (if needed) will be submitted to the City of Gilroy for review prior to the initiation of ground disturbance. BIO-2 Prior to building permit submittal, the project applicant shall submit a plan to the 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 plan, the City shall determine which trees, ifany, are "significant." If significant trees are determined to be located on the project site, these trees 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 not feasible, 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. Cultural Resources CR-l. Due to the possibility that significant buried cultural resources might be found during construction the following language shall be included in 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 at a minimum of 200 feet from the find and the area shall be staked off. The project developer shall notify a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. CR-2. The City of Gilroy shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 15064.5(e), in the event of discovery or recognition of any human remains in any location other than a dedicated cemetery: EXHIBIT A Forest Street Commercial Z 07-05 and AS 08-01 5 Negative Declaration April 15, 2009 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 Police Department contacts (via private means rather than radio, to ensure confidentiality) the coroner of Santa Clara County 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. Hydrology and Water Quality HY-l. The applicant shall, for each phase of the project, submit a Notice of Intent (NOI) and detailed engineering designs to the Central Coast RWQCB. This permit shall require development and implementation of a Storm Water Pollution Prevention Plan (SWPPP) that uses storm water "Best Management Practices" to control runoff, erosion and sedimentation from the site. The SWPPP must include Best Management Practices that address source reduction and, if necessary, shall include practices that require treatment. The SWPPP shall be submitted to the City of Gilroy Engineering Division for review and approval prior to approval of a grading permit for each phase of the project. Engineering designs shall address feasible post-construction water quality measures such as siltation and oil filters preceding or incorporated into the design of storm inlets. EXHIBIT A Forest Street Commercial Z 07-05 and AS 08-01 6 Negative Declaration April 15, 2009 Transportation/Traffic T-1. The applicant shall restripe the southbound left-turn pocket on Forest Street to include approximately 125 additional feet (200 feet total), and shall construct a 300-foot long median to separate left-turning traffic from the northbound lane. The applicant shall work with the City of Gilroy Engineering Division and Caltrans to develop an acceptable striping plan for the eastbound left-turn pocket. An additional 115 feet of storage space is required, however, an existing back-to-back turn pocket at Swanston Lane limits available space for extension of the lane, as one lane cannot be lengthened without shortening the other. If an additional parallel turn lane cannot be constructed for the eastbound turn pocket, the left turn pocket into Swanston Lane would need to be eliminated, with traffic bound for Swanston Lane using the existing left turn lanes at Forest Street or west of Swanston Lane. The applicant shall obtain an encroachment permit for all work within the SR 152 right-of-way. T-2. The applicant shall designate the southernmost driveway for right turns in and out only The final driveway arrangement and number shall be subject to approval of the Gilroy Engineering Division. All driveway approaches shall be widened to meet the 35-foot minimum width. Parking shall be prohibited along both sides of Forest Street within 300 feet of Leaves ley Road and within 30 feet of project driveways. T-3. As part of the project frontage improvements, the applicant shall widen the northbound trave11ane on Forest Street to at least 20 feet at the Leavesley Road intersection to accommodate truck turning movements onto Forest Street. or a mutually acceptable solution that meets Engineering and Planning Division standards. The intersection design will also need a four-foot median (minimum) and standard southbound right turn and left turn lanes. or a mutually acce.ptable solution that meets Engineering and Planning Division standards. Adequacy of the improvement plans shall be demonstrated to the Gilroy Engineering Division. T -4 The applicant shall design and construct frontage improvements to include a sidewalk along the entire frontage of Leavesley Road and Forest Street in accordance with the Gilroy Standard Details and Specifications. T 5 The site plan. shall be re\"ised to prO'ooe a minimum separation of 50 feet between Forest Street aBd the drive tlHOugB laRe, aRd to pfovide a mHtim.um 200 feet of tiUeumg space in EXHIBIT A Forest Street Commercial Z 07-05 and AS 08-01 7 Negative Declaration April 15, 2009 advance of the order call boar-d. This mitigation measure was deleted because the drive-thru lane was removed from the project. Date Prepared: April 15, 2009 End of Review Period: June 22, 2009 David Bischoff Director of Planning and Environmental Services david. bischoff@ci.gilroy.ca.us EXHIBIT A I, SHA WNA FREELS, City Clerk ofthe City of Gilroy, do hereby certify that the attached Ordinance No. 2010-14 is an original ordinance, or 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 19th day of July, 2010, 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 220d day of July, 2010. ~ h a Freels, CMC City Clerk of the City of Gilroy (Seal)