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Resolution 2006-60 RESOLUTION NO. 2006-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING GP A 05-03, A GENERAL PLAN AMENDMENT REQUEST TO CHANGE THE LAND USE DESIGNATION FROM LOW-DENSITY RESIDENTIAL TO MEDIUM-DENSITY RESIDENTIAL ON APPROXIMATELY 1.97 ACRES LOCATED AT 9060 AND 9070 KERN AVENUE, NORTH OF MANTELLI DRIVE, APN 790-18-015 AND -017 WHEREAS, PSI Development Company submitted application GP A 05-03, a General Plan Amendment request to change the land use designation from Low-Density Residential to Medium-Density Residential on approximately 1.97 acres located at 9060 and 9070 Kern Avenue, north of Mantelli Drive ("Project"), APN 790-18-015 and -017; and WHEREAS, the Planning Commission held a duly noticed public hearing on July 6, 2006, at which time the Planning Commission considered the public testimony, the staff report dated June 28,2006 ("Staff Report"), and all other documentation related to application GP A 05- 03, and recommended that the City Council approve the mitigated Negative Declaration for the Project and approve said application; and WHEREAS, the City Council held a duly noticed public hearing on July 17, 2006, at which time the City Council considered the public testimony, the Staff Report, a follow-up staff report dated July 11, 2006, and all other documentation related to application GP A 05-03; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council on July 17, 2006, at its public hearing considered the proposed mitigated Negative Declaration together with any comments received during the public review process; 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. NOW, THEREFORE, BE IT RESOLVED THAT: \G80\700213.1 073106-04706089 -1- Resolution No. 2006- 60 SECTION I The City Council hereby finds as follows: 1. The Project is consistent with the general intent of the goals and policies of the City's General Plan as amended. 2. The Negative Declaration was completed in compliance with CEQA, reflects the independent judgment of the City, and there is no substantial evidence in the entire record that the project as mitigated will have a significant effect on the environment. 3. This amendment is in the public interest. SECTION II A. The City Council hereby adopts the proposed mitigated Negative Declaration for this project with ten (10) mitigation measures, attached hereto as Exhibit "A" and incorporated herein by this reference. B. The City Council also hereby adopts the Mitigation/Monitoring Program for this Project, attached hereto as Exhibit "B" and incorporated herein by this reference. C. Based on the above findings, the City Council hereby approves General Plan Amendment application GP A 05-03 subject to the mitigation measures set forth in the Negative Declaration and the Mitigation Monitoring Program. SECTION III This Resolution shall be in full force and effect thirty (30) days after the date of its adoption. PASSED AND ADOPTED this 7th day of August, 2006 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, CORREA, VALIQUETTE, and BRACCO \G80\700213.1 073106-04706089 -2- Resolution No. 2006-60 NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: .- ATTEST: ~~. Rhonda Pellin, City Clerk \G80\700213.1 073106-04706089 GARTMAN and VELASCO PINHEIRO APPROVED: D~~~V:re ~ -3- Resolution No. 2006-60 ComDlunity DevelopDlent DepartDlent Planning Division NEGATIVE DE CLARA TION AND MITIGA TION MONITORING PROGRAM City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 (408) 846-0440 City File Number: GP A 05-03 and Z 05-12 Proiect Description: Name of Project: Nature of Project: PSI Develop~ent Company General Plan Amendment and Zone Change A General Plan Amendment and Zone Change to allow medium density development on a 1.97-acre site. Proiect Location: Location: The project site is located at 9060 and 9070 Kern A venue in the City of Gilroy in the County of Santa Clara. Assessor's Parcel Numbers: 790-18-015, 790-18-017 Entitv or Person(s) Undertakine Proiect: Name: Address: PSI Development Company c/o Joe Burch 2 West Santa Clara Street, 9th Floor, San Jose CA 95113 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. Findioes & 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 4 B PSI Development Company Negative Declaration and Mitigation Monitoring Program 2 June 2006 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. Mitieation Measures: Prior to approval and issuance of the final improvement plans, the following mitigation measures shall be implemented: 1. Project plans shall include the following dust control measures during grading and construction activities for the proposed development and subject to the review and approval by the City of Gilroy Engineering Division. The following basic control 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 2. 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 find until a qualified professional 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)." PSI Development Company Negative Declaration and Mitigation Monitoring Program 3 June 2006 3. 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 (MW) 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 of 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 MW failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make recommendation; or c) the landowner or his authorized representative rejects the recommendation oj the descendent, and the mediation by the Native American Heritage Commissionfails to provide measures acceptable to the landowner." Prior to approval and issuance of the building permits, the following mitigation measure shall be implemented: 4. The proposed buildings shall be designed by the structural engineer in accordance with the applicable version of the California Building Code (CBC). A Registered Geotechnical Engineer and Geologist shall prepare a soils report for the project to assess these geologic hazards and to develop appropriate mitigation that shall be implemented during design and construction. A Registered Geotechnical Engineer shall be present at the site during site grading for building foundations. This mitigation measure shall be subject to the review and approval of the City of Gilroy Engineering Division. Prior to issuance of a grading permit, the following mitigation measure shall be implemented: 5. An erosion and deposition control plan shall be submitted to the City of Gilroy Engineering Division for approval prior to the issuance of a grading permit. During construction, contractors shall adhere to the requirements in the erosion and deposition control plan and the required Drainage Plan and Storm Water Pollution Prevention Plan (see Mitigation Measure 6 and 7). PSI Development Company Negative Declaration and Mitigation Monitoring Program 4 June 2006 Prior to Architectural & Site Review approval, the following mitigation measure shall be implemented: 6. Future development at the site shall be designed and constructed to detain storm runoff to ensure that post-project storm runoff does not exceed pre-project levels, subject to the review and approval of the City of Gilroy Engineering Division. Prior to Final Map approval, the following mitigation measure shall be implemented: 7. The project proponents shall pay their fair share of the cost for infrastructure identified in the City's Storm Drainage Master Plan. Prior to Architectural & Site Review approval, the following mitigation measure shall be implemented: 8. In order to minimize potential water quality impacts due to erosion, the project shall incorporate a landscape plan to be implemented on the perimeter of the project site. Prior to issuance of a grading permit, the applicant shall submit the landscape plan for review and approval by the City of Gilroy Engineering Division. Prior to issuance of a grading permit, the following mitigation measure shall be implemented: 9. Prior to issuance of a grading permit, the applicant shall submit a Notice of Intent to the Central Coast Regional Water Quality Control Board to obtain a General Construction Stormwater Permit for the project. A Storm Water Pollution Prevention Program (SWPPP) shall be developed in compliance with this permit that achieves the following four major objectives. The SWPPP shall also be submitted to the City of Gilroy Engineering Division prior to issuance of a grading permit. a. Identify pollutant sources, including sources of sediment that may affect the quality of storm water discharges from the construction site. b. Identify non-storm water discharges. c. Identify, construct, implement in accordance with a time schedule, and maintain Best Management Practices (BMPs) to reduce or eliminate pollutants in storm water discharges and authorized non-storm water discharges, from the construction site during construction; and d. Identify, construct, and implement in accordance with a time schedule, and assign maintenance responsibilities for post-construction BMPs. These measures would be installed and implemented during construction to reduce or eliminate pollutants after construction is completed. PSI Development Company Negative Declaration and Mitigation Monitoring Program 5 June 2006 Prior to approval and issuance of the building permits, the following mitigation measure shall be implemented: 10. As part of normal City 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: a. Limit construction activity to weekdays between 7:00 AM and 7:00 PM and Saturdays between 9:00 AM and 7:00 PM, with no construction allowed on Sundays or City holidays; b. Locate stationary noise-generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. Date Prepared: June 1,2006 End of Review Period: June 28, 2006 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. 2006-60 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 7th day of August, 2006, 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 5th day of September, 2006. ~. (Seal)