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Resolution 2012-37RESOLUTION NO. 2012-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S 12 -30, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL FOR THE DEMOLITION OF A COMMERCIAL BUILDING ON A PROPERTY LOCATED ON A 0.06 GROSS ACRE SITE AT 7453 MONTEREY STREET, IN THE DOWNTOWN HISTORIC ZONING DISTRICT, APN 799 - 07-054 WHEREAS, the City of Gilroy ( "Applicant "), as owner of the property at 7453 Monterey Street, prepared application A/S 12 -30, requesting architectural and site approval to demolish the existing structure within the Downtown Historic Zoning District located on an approximately 0.06 gross acre site at 7453 Monterey Street ( "the Project "), on the west side of Monterey Street, approximately half way between 5th and 6th Streets, APN 799 -07 -054; and WHEREAS, pursuant to Zoning Ordinance section 27.50, the Historic Heritage Committee reviewed said application including the Staff Report dated August 15, 2012 ( "Staff Report") at a duly noticed public meeting held on August 15, 2012 and recommended that the Planning Commission forward a recommendation that the City Council adopt the draft Negative Declaration and approve the proposed application A/S 12 -30; and WHEREAS, pursuant to Zoning Ordinance Section 27.50, the Planning Commission reviewed said application including the Staff Report dated September 6, 2012 ( "Staff Report") at a duly noticed public meeting held on September 6, 2012 and recommended that the City Council adopt the draft Negative Declaration and approve the proposed application A/S 12 -30; and WHEREAS, the City Council held a duly noticed public meeting on September 17, 2012 and considered the public testimony, the Staff Reports, and all other documentation related to application A/S 12 -30; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City Council adopted the Negative Declaration dated July 26, 2012 for the project, finding that there -1- RESOLUTION NO. 2012-37 0) is no substantial evidence that the project will have a significant impact on the environment and that the negative declaration reflects the City independent judgment and analysis; 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: SECTION I The City Council hereby adopts the findings as required by Zoning Ordinance Section 27.51 based upon substantial evidence in the entire record as summarized below: 1. The demolition of the subject buildings will not have a significant impact on the historic character of the neighborhood in that the structure lacks distinguishing features that would cause it to individually be designated a Historic Site, in that changes to the exterior of the building that have occurred over time have compromised distinguishing features that contribute to that historic character, and in that the proposed project includes measures to structurally stabilize the two adjacent unreinforced masonry buildings immediately to the north and south of the subject site. 2. The subject buildings are obviously not restorable in that the building is constructed of unreinforced masonry, and it is in poor condition, both structurally and in terms of the integrity and condition of the fagade. SECTION II Application A/S 12 -30 is hereby approved subject to the conditions of approval set forth herein and subject to the standard measures identified in the Negative Declaration, which are also contained herein. Conditions of approval and standard measures from the Negative Declaration are as follows: 1. This Architectural and Site Permit covers only the demolition of the subject structure at 7453 Monterey Street. 2. The demolition and future paseo construction shall conform with all applicable local and state regulations, including but not limited to conformance with applicable building and fire codes. -2- RESOLUTION NO. 2012-37 3. On -grade tile work at the Monterey Street property entrance shall be preserved and incorporated into the paseo design. Preservation of the vertical tiles that frame the display case is not required. 4. The area created by the demolition of the structures at 7453 Monterey Street shall be maintained by the City in a weed, litter and graffiti -free manner. 5. All hazardous material will be handled, removed and disposed of in accordance with all applicable local, State and Federal regulations, including but not limited to the following: a. The contractor and workers disturbing any lead based paint surfaces must be EPA Certified. b. Any activities that will disturb asbestos containing materials shall be conducted in accordance with applicable local, state, and federal standards and shall be conducted only by a Cal-OSHA registered asbestos abatement contractor. c. The City will attach a "Hazardous Materials Abatement Specifications" list to the demolition contract in order to ensure that all potentially hazardous materials are appropriately disposed of in accordance with Federal, State and City laws and regulations. 6. Final improvement plans shall include the following measures to be implemented during grading and construction activities for the proposed project. The measures shall be implemented to adequately control dust and emissions, subject to the review, approval, and modifications by the City of Gilroy Engineering and Building Division. a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off -site shall be covered. c. All visible mud or dirt track -out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. -3- RESOLUTION NO. 2012-37 4 d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. f. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified visible emissions evaluator. g. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations. 7. Should evidence of any historic or prehistoric cultural resources be discovered during construction, work within 50 feet of the find shall be stopped to allow adequate time for evaluation, recommendations, and, if necessary, mitigation by a qualified professional archaeologist. The material shall be evaluated and if significant, a mitigation program including collection and analysis of the materials at a recognized storage facility shall be developed and implemented under the direction of the City's Planning Manager. 8. If human remains are found during demolition, 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 person 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 me RESOLUTION NO. 2012-37 5 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. 9. The following noise limiting measures shall be incorporated into project plans, subject to the review and approval of the City of Gilroy Engineering and Building Divisions: a. Demolition activities shall be limited to weekdays between 7:00 AM and 7:00 PM and Saturday between 9:00 AM and 7:00 PM, with no construction on Sundays or City holidays. b. All internal combustion engine -driven equipment shall be equipped with mufflers that are in good condition and appropriate for the equipment. 10. A traffic control plan and pedestrian safety plan, approved by the City's transportation engineer, will be incorporated into the project specifications and will be implemented in conjunction with the encroachment permit required for the project. 11. The project must comply with the City of Gilroy's Demolition Debris Diversion Program and follow standard City - specified Construction Waste Management provisions. 12. Prior to demolition, the City will provide local historic preservationists the opportunity to salvage materials from the interior or exterior of the building that would otherwise be discarded or recycled. The City will grant access to the Gilroy Historic Society and/or, at the City's discretion, the Historic Society's designee(s) prior to demolition of the structures. Access to the structure is at the sole risk of the individuals and will only be allowed after signing of a City indemnification. Any materials that the City intends to -5- RESOLUTION NO. 2012 -37 Z reuse as part of this or any other project are not eligible for salvage, and the City retains sole discretion as to what building elements may or may not be salvaged by identified organizations or individuals. PASSED AND ADOPTED this 17d' day of September, 2012 by the following roll call vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, DILLON, LEORE- MUSOZ, TUCKER and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WOODWARD ATTEST: Shawna Freels, APPROVED: Mayor -6- RESOLUTION NO. 2012-37 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2012 -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 17'h day of September, 2012, 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 19'' day of September, 2012. City Clerk of the City of Gilroy (Seal)