Resolution 2005-37RESOLUTION NO. 2005 -37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING GPA 04 -03, AN AMENDMENT TO THE
GENERAL PLAN TO CHANGE THE LAND USE
DESIGNATION FROM GENERAL SERVICES COMMERCIAL
TO PROFESSIONAL OFFICE/ MEDIUM DENSITY
RESIDENTIAL ON APPROXIMATELY 7.1 ACRES LOCATED
AT MONTEREY STREET, APNs 799 -33 -045 AND -047
WHEREAS, the James Group c/o James Suner submitted GPA 04 -03, an amendment to
the General Plan to change the land use designation from General Services Commercial to
Professional Office/Medium Density Residential on approximately 7.1 acres located at Monterey
Street, APNs 799 -33 -045 and —047, immediately south of the Platinum Theatres, in order to
build fifteen (15) professional - office units, twenty -five (25) live work - housing units and seventy-
five (75) attached single - family residences, ( "the Project "); and
WHEREAS, the Planning Commission held a duly noticed public hearing on May 5,
2005, at which time the Planning Commission considered the public testimony, the Staff Report,
and all other documentation related to application GPA 04 -03, and recommended that the City
Council adopt the mitigated Negative Declaration prepared for the Project and approve said
application; and
WHEREAS, the City Council held a duly noticed public hearing on May 16, 2005, at
which time the City Council considered the public testimony, the Staff Report dated May 10,
2005, and all other documentation related to application GPA 04 -03; and
WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "), the City
Council on May 16, 2005, adopted the mitigated Negative Declaration for the Project, finding
that the mitigated Negative Declaration was completed in compliance with CEQA, that it reflects
ICTA1659086.2
052305 - 04706089
Resolution No. 2005 -37
the independent judgment of the City, and that there is no substantial evidence in the record that
the proposed project, as mitigated, would 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 the Project approval is based is the office of the
City Clerk.
SECTION I
NOW, THEREFORE, THE CITY COUNCIL FINDS THAT:
The General Plan amendment proposed by GPA 04 -03 is in the public interest
because changing the land use designation to Professional Office/ Medium Density Residential
will ensure community diversity by providing a variety of housing opportunities and professional
office uses that would be consistent with General Plan Policies. The map amendment is also
substantially consistent with surrounding land use designations, and with the policies of the
General Plan.
There is no substantial evidence in the entire record that the Project as mitigated
will cause any significant environmental impacts.
SECTION II
Based on the above findings, General Plan amendment application GPA 04 -03 is hereby
approved, subject to the mitigation measures set forth in the mitigated Negative Declaration, and
the Mitigation Monitoring Program for the Project is hereby adopted, and attached hereto as
Exhibit A.
1CTA1659086 2
052305 - 04706089
Resolution No. 2005 -37
SECTION III
This Resolution shall be in full force and effect thirty (30) days after the date of its
adoption.
PASSED AND ADOPTED this 6th day of June, 2005 by the following vote:
AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES,
VALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ATTEST:
4Rhon'da Pellin, City Clerk
1CTX659086.2
052305 - 04706089
APPROVED:
ert Pinheiro, Mayor
Resolution No. 2005 -37
EXHIBIT A
Community Development Department
Planning Division
MITIGATED NEGATIVE
DECLARATION
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
(408) 846 -0440
City File Number: GPA -04-03 & Z -04 -09
Project Description:
Name of Project: Eleventh Street Commons /James Suner General Plan
Amendment and Zone Change
Nature of Project: General Plan Amendment and Zone Change
Project Location:
Location: The project site is located just outside of downtown Gilroy
immediately south of the Platinum Theatres. Surrounding land uses
include the Platinum Theatre and parking lot located north of the
project site; residential uses along London Place located south of the
project site; residential uses along Garden Court located west of the
project site; and commercial uses along Monterey Street located east
of the project site.
Assessor's Parcel Numbers: 799 -33 -045 and 799 -33 -047
Entity or Person(s) Undertaking Project:
Name: The James Group
Address: 7436 Monterey Street, 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.
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:
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.
Eleventh Street Commons /James Tuner 3 3/21/2005
General Plan Amendment and Zone Change
Mitigated Negative Declaration
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.
Mitigation Measures:
The following mitigation measures shall be implemented prior to issuance of a grading permit:
1. The project applicant shall specify 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 and Building 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; and
• Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent
public streets.
Eleventh Street Commons /James Suner 4 3/21/2005
General Plan Amendment and Zone Change
Mitigated Negative Declaration
The following additional measures shall be implemented at construction sites greater than
four acres in area:
• Hydroseed or apply (non- toxic) soil stabilizers to inactive construction sites (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 (mph);
• Install sandbags or other erosion control measures to prevent silt runoff to public
roadways;
Replant vegetation in disturbed areas as quickly as possible.
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 or tracks of all trucks 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.
Party responsible for implementation: Applicant
Party responsible for monitoring.• Gilroy Building & Engineering
Divisions
2. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to
commencement of grading or construction activities on the project site, field surveys shall
be conducted by a qualified biologist to determine if burrowing owls are present in the
construction zone or within 200 feet of the construction zone. Areas within 200 feet of the
construction zone that are not within the control of the applicant shall be visually assessed
Eleventh Street Commons /James Tuner 5
General Plan Amendment and Zone Change
Mitigated Negative Declaration
3/21/2005
from the project site. These surveys shall be required only if any construction would occur
during the nesting and /or breeding season of burrowing owls (February 1 through August
31) and /or during the winter residency period (December 1 through January 31). If active
nests are found in the survey area, a burrowing owl habitat mitigation plan shall be
submitted to the California Department of Fish and Game for review and approval. The
burrowing owl habitat mitigation plan shall contain mitigation measures outlined in the
California Department of Fish and Game Staff Report on Burrowing Owl Mitigation
(California Department of Fish and Game 1995). Compliance with this mitigation measure
may include, but not be limited to, the following:
• Avoidance of occupied burrows during the nesting season (February 1 through
August 31);
• Acquisition, protection and funding for long -term management and monitoring of
foraging habitat adjacent to occupied habitat;
• Enhancement of existing burrows and /or creation of new burrows;
• Passive relocation of burrowing owls.
Party responsible for implementation. Applicant
Party responsible for monitoring.- Gilroy Planning Division
3. 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 resources are discovered during construction, work shalt
be halted within 50 meters (150 feet) of the find until a qualified professional archaeologist
Eleventh Street Commons /James Suner 6 3/21/2005
General Plan Amendment and Zone Change
Mitigated Negative Declaration
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).
Party responsible for implementation.• Applicant
Party responsible for monitoring- Gilroy Planning Division
4. 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 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 shalt 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 descendant (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 for 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.
Eleventh Street Commons /James Tuner 7 3/21/2005
General Plan Amendment and Zone Change
Mitigated Negative Declaration
7
Party responsible for implementation.• Applicant
Party responsible for monitoring.- Gilroy Planning Division
The project applicant shall submit a soils investigation prepared by a qualified soils engineer
prior to development of the project site. The soils investigation shall address site preparation
and foundation design. Recommendations of the soils investigation shall be incorporated
into the final building plans subject to review and approval by the Gilroy Building and
Engineering Divisions.
Party responsible for implementation:
Applicant
Party responsible for monitoring.- Gilroy Building & Engineering
Divisions
In accordance with Santa Clara Valley Water District Ordinance 82 -3, the applicant shall
obtain a permit from the SCVWD's Community Projects Review Unit for grading and
construction activities within fifty feet of the Princevalle drainage channel. The permit shall
be subject to review and approval by the Gilroy Engineering Division.
Party responsible for implementation: Applicant
Party responsible for monitoring: Gilroy Engineering Division
The applicant shall submit a Notice of Intent (NOI), detailed engineering designs, and a storm
water pollution prevention program (SWPPP) to the Central Coast RWQCB to obtain a NPDES
General Construction Permit prior to any grading or construction activities at the project site.
This permit shall require implementation of an approved SWPPP that uses storm water "Best
Management Practices" to control runoff, erosion, and sedimentation from the project site.
The applicant shall also incorporate post- construction water quality mitigation measures into
final improvement plans for the proposed project. A maintenance plan shall be developed by
the applicant for those post- construction water quality measures that require extensive
maintenance. The construction (e.g. SWPPP) and post- construction water quality measures
Eleventh Street Commons /James Suner 8
General Plan Amendment and Zone Change
Mitigated Negative Declaration
3/21/2005
shall be subject to review and approval by the Central Coast RWQCB and the City of Gilroy
Engineering Division.
Party responsible for implementation.•
Party responsible for monitoring.•
Applicant
Gilroy Engineering Division/ Central
Coast RWQCB
The following mitigation measures shall be implemented prior to issuance of a building permit.
8. The applicant shall design the proposed project to ensure that the potential damage due to
flooding at the project site and to the flood elevations is minimized and that protection from
the potential impacts of flooding during the one percent or "100 -year flood" is incorporated
into the design prior to approval of final improvement plans. Final building plans shall be
subject to review and approval by the City of Gilroy Building and Engineering Division.
Party responsible for implementation. Applicant
Party responsible for monitoring: Gilroy Building & Engineering
Divisions
9. The project applicant shall equip the residential portions of the proposed project with
mechanical ventilation to allow the windows to remain closed at the residents' option.
Typically a central air - conditioning and heating system designed to provide a habitable
interior environment with the windows closed wilt meet this requirement. The mechanical
ventilation system shall be subject to review and approval by the City of Gilroy Building
Division.
Party responsible for implementation.• Applicant
Party responsible for monitoring.• Gilroy Building Division
Eleventh Street Commons /James Suner 9 3/21/2005
General Plan Amendment and Zone Change
Mitigated Negative Declaration
10. Homes constructed on the eastern edge of the property, adjacent to Monterey Street, shall be
constructed with noise rated windows and forced ventilation, subject to review and approval
by the Gilroy Building Division. Prior to construction, at the building permit state, the STC
noise rating shall be determined. It is expected that windows with a STC rating of 26 -to -36
will be required and doors could have a STC rating of 24 to 28, to ensure that noise levels
remain at 45 Ldp or below in the interior of the homes.
Party responsible for implementation. Applicant
Party responsible for monitoring.• Gilroy Building Division
11. As part of normal City of Gilroy review and approval procedures for future projects the
following measures shall be incorporated to mitigate construction noise, as determined
feasible by the City Building and Engineering Divisions:
• Limit construction activity to weekdays between 7:00 AM and 7:00 PM and on Saturdays
between 9:00 AM and 7:00 PM, with no construction on City holidays and Sundays; and
• Locate stationary noise - generating equipment as far as possible from sensitive receptors
when sensitive receptors adjoin or are near a construction project area.
Party responsible for implementation.• Applicant
Party responsible for monitoring- Gilroy Building & Engineering
Divisions
12. Subject to review and approval by the City of Gilroy Engineering Division, the project
applicant shall construct a sidewalk on the discontinuous portion along the west side of
Monterey Street. The sidewalk shall be constructed prior to operation of the proposed
project.
Party responsible for implementation.• Applicant
Party responsible for monitoring.- Gilroy Engineering Division
Eleventh Street Commons /James Suner 10 3/21/2005
General Plan Amendment and Zone Change
Mitigated Negative Declaration
13
14.
Subject to review and approval by the City of Gilroy Engineering Division, the project
applicant shall construct right -turn channelization taper (to widen the road as it approaches
each driveway), in addition to a right -turn radius, be installed at the project driveways based
on City of Gilroy standards. These improvements shall be constructed prior to operation of
the proposed project.
Party responsible for implementation
Applicant
Party responsible for monitoring: Gilroy Planning & Engineering
Divisions
Subject to review and approval by the City of Gilroy Engineering Division, the project
applicant shall construct a second westbound left -turn lane, based on the high westbound
left -turn demand and queues that would exceed the storage capacity, at the Monterey
Street/Luchessa Avenue intersection. This improvement shall be constructed prior to
operation of the proposed project.
Party responsible for implementation: Applicant
Party responsible for monitoring.- Gilroy Engineering Division
15. Subject to review and approval by the City of Gilroy Building and Engineering Division the
project applicant shall incorporate stormwater drainage areas in final improvement plans (e.g.
within the proposed parking lot and landscape areas) that would reduce stormwater runoff
from the proposed project within pre- development levels. The stormwater from the project
site shall be temporarily stored in these drainage areas and discharged to the city's storm
drain system.
Party responsible for implementation:
Party responsible for monitoring.•
A plicant
Gilroy Building & Engineering
Divisions
Eleventh Street Commons /James Suner 11 3/21/2005
General Plan Amendment and Zone Change
Mitigated Negative Declaration
Date Prepared: March 21, 2005
End of Review Period: April 25, 2005
Date Adopted by City Council:
William Faus
Planning Division Manager
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2005 -37 is an original resolution, or true and correct copy of a city resolution,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
6th day of June, 2005, 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 28th day of June, 2005.
City Clerk of the City of Gilroy
(Seal)