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Ordinance 1993-03ORDINANCE NO. 93-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING Z 92-04 REZONING FROM A1 (AGRICULTURE) TO R3 (MEDIUM DENSITY RESIDENTIAL) ON APPROXIMATELY 4.96 ACRES LOCATED AT THE SOUTHSIDE OF FARRELL AVENUE, BETWEEN MONTEREY ROAD AND WREN AVENUE, APN 790-12-014 WHEREAS, Seige and Alyce Kawashima have submitted rezoning application Z 92-04, to amend the zoning map of the City of Gilroy to rezone approximately 4.96 acres located at the south side of Farrell Avenue, between Monterey Road and Wren Avenue, APN No. 790-12-014, from A1 (Agricultural) to R3 (Medium Density Residential), as shown on the map attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the City has prepared and circulated in accordance with the California Environmental Quality Act (CEQA) a Mitigated Negative Declaration for this project, attached as Exhibit B and incorporated herein by this reference; and WHEREAS, the Planning Commission held a duly noticed public hearing on Z 92-04 on January 7, 1993, and after that public hearing voted unanimously to recommend that the City Council adopt the Mitigated Negative Declaration and voted to adopt Resolution 93- 1 recommending approval of Z 92-04; and, WHEREAS, the City Council held a duly noticed public hearing on Z 92-04 on January 19, 1992 and after that public hearing did adopt the Mitigated Negative Declaration for this project, finding as follows: 1. That the Mitigated Negative Declaration for this project reflected the independent judgment of the City; and, 2. That there was no substantial evidence before the city Council that the project as mitigated may have a significant effect on the environment; and, WHEREAS, in conjunction with approving the Mitigated Negative Declaration the City Council has adopted a mitigation ORDINANCE NO. 93 - 3 --1-- monitoring program as required by Public Resources Code Sec- tion 21081.6, attached hereto as Exhibit C and incorporated herein by this reference; and WHEREAS, the City Council hereby finds that the City has properly taken all actions required by CEQA; THE CITY COUNCIL OF THE CITY OF GILROY HEREBY ORDAINS AS FOLLOWS: SECTION I Rezoning application Z 92-04 should be and hereby is approved, and the zoning map of the City of Gilroy is amended to rezone approximately 4.96 acres located at the South side of Farrell Avenue, between Monterey Road and Wren Avenue, APN No. 790- 12-014, from A1 (Agricultural) to R3 (Medium Density Residential), as shown on the map attached hereto as Exhibit A, subject to the mitigation measures set forth in the Mitigated Negative Declaration and the mitigation monitoring program. SECTION II This ordinance shall take effect and be in full force thirty days from and after its adoption and approval. PASSED ~ND ADOPTED this 1st day of February, 1993 by the following vote: AYES: COUNCII~EMBERS: GILROY, HALE, KLOECKER, ROWLISON, VALDEZ and GAGE. NOES: COUNCILMEMBERS: None ABSENT: COUNCII~EMBERS: NELSON /Susanne Steinmetz, City Cle~ ?~E D: Don Gage, Mayor ORDINANCE NO. 93 - 3 -2- q RECEIVED 9 1992 . Gill ~ Planning Dept. PROPER T Y MAP OF TH E L A ND $ OF 5EIGE Ei ALYCE KAWASHIMA IN THE CITY OF GILRO¥ PORTION OF LOTS 12 AND 13 as shown on "MAP OF JAS. A. CLAYTON & CO'S SUEIVISION OF LAS ANIMAS RANCHLOT NO. 31 AND 'A PART OF LA~-ANIM, / KANCH LOT NO. 30" ok "V" of Maps, Pages 1 and 2 5¢,~LE: I"'-IO0' SEPT. i,1992 EXHIBIT A Planning Department NEGATIVE DECLARATION CITX FILE NUMBER: Z 92-04 City of Gilroy 7351 Rosanna St. Gi!roy, CA 95020 (408) 848-0440 Revised 11/30/92 PROJECT DESCRIPTION: Name of Project: Nature of Project: Kawashima Rezoning Request to rezone a 4.96± acre parcel from A1 (Agriculture) to R3 (Medium Density Residential) R~ PROJECT LOCATION: Location: South side of ReRaa Farrell Avenue, between MontereyRoad and Wren Avenue. Assessor's Parcel Number: 790-12'014 Entity or Person(s) Undertakinq Project: Name: Seige and Alyce Kawashima Address: 1440 Church Street, Gilroy, CA 95020 INITIAL STUDY: ~An Initial Study for this project was undertaken and prepared for the purpose of ascertaining whether the 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, G~lroy, California, FINDINGS & REASONS: The Initial Study identified potentially significant effects on the environment. However, the applicant has agreed to specific revisions in the project and/or the project has been revised. See the following list of MITIGATION MEASURES, which avoid or mitigate potential effects to a point where no significant effects will occur. There is no substantial evidence that the project, as revised, may have a significant effect on the environment. The following reasons will support these findings: A. The proposed rezoning from A1 (Agriculture) to R3 (Medium Density Residential) R~-%E&~e-Fam&~y-Res&~eR~&a~ is consistent with the City's General Plan land use map; B. The proposed project is substantially consistent with the adopted goals and policies of the City's General Plan document; C. The granting of this re_cuest will not adversely affect or Lmpact adjacent parcels of land or developed residential prcperties Ln the vicinity; and D. Ail potential significant effects can be mitigated to reduce them to an insignificant level of Lmpact. EXHIBIT B Negative Declaration: Z 92-04 2 11/30/92 MITIGATION MEASURES: 1. The project shall be designed in accordance with earthquake design regulations of the uniform Building Code, subject to the review and approval by the City Building Department. 2. Prior to the development of the site, the developer shall pay the required Citywide Traffic Impact Fee, subject to the review and approval by the City Department of Public Works . 3. The design of all -street improvements serving the project site shall be provided by the developer, subject to the review and approval by the City Department of Public Works. 4. The development of the site shall include the installation of bicycle racks for the residents, subject to the review and approval by the City Planning Department. B. Ail phases of development shall provide minimum off-street parking in accordance with Section 31, Off Street Parking Requirements, of the City's Zoning Ordinance, subject to the review and approval by the City Planning Department. 6. Prior to the develolmnent of the site, the developer shall pay required City of Gilroy Public Safety impact fees. 7.. Development plans shall include ~the installation of. on-eite fire hydrants. Improvement plans shall be subject to the review and approval by the City Depar~nent of Public Works, Fi~e, and Building. 8. The developer shall~ as soon as possible, and before issuance of any building permits for the project, negotiate with the Gilroy Unified School District to determine the level of additional impacts on the District. In the case of an impasse, the City of Gilroy shall mediate the negotiation. Following completion of the negotiations, the developer shall provide mitigation of the impacts to the School District which may include !) impact fees, 2) dedication of land, 3) facilities, and/or 4) equipment. 9. Prior to the development of_~he site, the developer shall pay required City of Gilroy Parks '&ReCreation impact fees. 10. The development of the site shall conform to the Uniform Building, Plumbing, and Mechanical Codes, the National Electrical Code, and the handicap and energy regulations in Title 24 of the California Building C~de, subject to the review and approval by the City Public Works and Building Departments. 1!. Prior to the development of the site, the developer must obtain sufficient sewer allocation to serve the proposed project, and will be required to pay City of Gilroy sanitary sewer connection fees. Negative Declaration: Z 92-04 3 11/30/92 12. The design of all storm drainage improvements serving the project site' shall be provided by the developer, subject to the review and approval by the City Department of Public Works. 13. Ail phases of development, to include design layouts and speoific site considerations, shall be addressed fully within the City of Gilroy's Architectural & Site Review procedures. 14. The developer shall construct all utilities to, through, and on the site underground, subject to the review and approval by the City Department of Public Works. 15. The developer shall submit a detai'~ed plan for all exterior lights, as part of the building permit review process. The lighting plan shall incorporate design elements that will minimize the potential for'light and glare impacts on adjacent residential properties. The lighting plan shall be subject to the review and approval by the City Planning Department. 16. If archaeological resources are discovered during construction, the developer shall halt all work within one hundred feet of the find until the resource can be evaluated by an archaeological reconhaissance of the site. If the find is determined to be significant, appropriate mitigation measures shall be formulated rand implemented, subject to-the review and approval by the'City Pl~anning Department. Date Prepared: November 20, 1992 End of Review Period: December 18~ 1992 Approved by City Council: Michael Dorn, Director of Planning EXHIBIT "C" MITIGATION MONITORING PROGRAM CHECKLIST Kawashlma Rezoning Initial Study (Z92-04) Prior to issuance of a Building Permit, the following mitigations shall be implemented: Party Mitigation Nature of Mitigation Responsible for Party Responsible for Number Implementation Monitoring I Development designed in Future Developers City Building Department accordance with earthquake design regulations 2 Pay street capital improvement Future Developers City Engineer fee 3 Street improvement designs Future Developers Ci,ty Engineer 4 Bi~, cle rack installation plans Future Developers Ci,ty Planning Director 5 Provision of minimum off-street Future Developers City Planning Director parking in accordance with zoning ordinance 6 Conformance with interior and Future Developers City Building Inspector exterior noise standards as contained in the UBC 7 Pay public safety impact fees Future Developers City Planning Director (Fire Protection) 8 Meet all water supply and water Future Developers City Fire Marshall pressure standards in the UBC 9 Pay public safety impact fees Future Developers City Planning Director (Police Protection) 10 Negotiation with school district Future Developers City Planning Director to pay school impact fees 11 Pay parks and recreation Future Developers City Planning Director impacts fees 12 Pay water impact service fees Future Developers City Engineer 13 Design of water line Future Developers City Engineer improvements 14 Pay sewer service impact fees Future Developers City Engineer 15 Design of storm drainage Future Developers City Engineer and the improvements Santa Clara Valley Water District 16 Design layouts and specific site Future Developers City Planning Director considerations addressed in the Architectural & Site Review procedures 17 Underground utilities Future Developers City Engineer 18 Detailed plan for all exterior Future Developers City Planning Director lights 19 Archaeological (cultural) Future Developers City Planning Director language in all permits I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 93-3 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the Ist day of February , 19 '93 , 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 93 /City clerk_of the -Cit~ of Gilroy~ (Seal) 9th day of February