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Ordinance 1993-12ORDINANCE NO. 93- 12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING REZONING APPLICATION Z 93-03 REZONING FROM R3 (MEDIUM DENSITY RESIDENTIAL) AND C3 (SHOPPING CENTER COMMERCIAL) TO R4 (HIGH DENSITY RESIDENTIAL) APPROXIMATELY .814 ACRES LOCATED AT 8170 CHURCH STREET, SOUTH OF HOWSON STREET AND MILLER SLOUGH, APN 790-37-015 WHEREAS, DeBell Homes has submitted application Z 93-03, to amend the Zoning Map of the city of Gilroy to rezone approxi- mately .814 acres located at 8170 Church Street, South of Howson Street and Miller Slough, APN 790-37-015, from R3 (Medium Density Residential) and C3 (Shopping Center Commercial) to R4 (High Density Residential), as such land is shown on the map attached hereto as Exhibit A and incorporated herein by this reference; and, WHEREAS, on February 22, 1993, the City Council duly approved a mitigated Negative Declaration for this project, attached as Exhibit B and incorporated herein by this reference, which was prepared and circulated in accordance with the California Environmental Quality Act (CEQA); and, WHEREAS, on February 22, 1993, the City council also adopted the Mitigation Monitoring Program required by Public Resources Code Section 21081.6, attached hereto as Exhibit C and incorporated herein by this reference; and, WHEREAS, the Planning Commission held a duly noticed public hearing on Z 93-03 on June 3, 1993, and after that public hearing voted to recommend that the City Council approve Z 93-03; and, THE CITY COUNCIL OF THE CITY OF GILROY HEREBY ORDAINS AS FOLLOWS: SECTION I The City Council hereby finds that the City had properly taken all actions required by CEQA. ORDINANCE NO. 93 - 12 -1- SECTION II The Zoning Map of the City of Gilroy should be and hereby is amended to rezone approximately .814 acres located at 8170 Church Street, South of Howson Street and Miller Slough, APN 790-37-015, from R3 (Medium Density Residential) and C3 (Shopping Center Commercial) to R4 (High Density Residential), as such land is shown in Exhibit A, and rezoning application Z 93-03 is approved, subject to the mitigation measures set forth in the Negative Declaration and the Mitigation Monitoring Program. SECTION III The City Council hereby orders the Planning Commission to review and grant, modify or deny any application for Architect- ural and Site Approval of any project proposed pursuant to this zoning. SECTION IV This ordinance shall take effect and be in full force thirty (30) days from and after its adoption and approval. PASSED AND ADOPTED this 6th day of Ju!~ 1993 by the following vote: AYES: COUNCILMEMBERS: GILROY, ~LE, KLOECKER, ROW~ISON, VALDEZ and GAGE. NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: NELSON 'Su a E. Steinmetz, City C~.e~k APPR~;ED: Donald F. Gage//Mayor ORDINANCE NO. 93 - 12 -2- EXHIB IT A No Scale Single-Fgrnily Residences Mobile Home park DMV Storage Auto Body Shop Towing Restaurant Howson Street Park and Ride Lot Restaurant Miller Slough Apartment Area Complex Motel Project Site Single-Family Residences LOCATION MAP FOR Z 93-03 EXHIBIT B Planning Department NEGATIVE DECLARATION City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 (408) 848-0440 city File N,,mher: GPA 92-02 PROJECT DESCRIPTION: Name of Project: DeBell Homes Nature of Project: General Plan Amendment PROJECT LOCATION: Location: 8170 Church Street Assessor's Parcel Number: 790-37-015 Entity of Persons Undertakinq Project: Name: Michael DeBell Address: 5203 1st Ave. NW, Seattle, WA 98107 INITIAL STUDY: An Initial Study of this project was previously 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, the applicant has agreed to revisions in the project, or the project has been revised, 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, as revised, may have a significant effect on the environment. The following reasons will support these findings: Identified adverse impacts such as the effect on remaining sewer plant capacity, school impacts, and increase in traffic generated from this project a=e proposed to be mitigated through buildout schedules, school impaction fees, and construction of off-site improvements. 2. The proposal will not be detrimental to the public welfare or injurious to persons or property in the vicinity. 3. Potential significant effects can be mitigated to reduce them to an acceptable level of impact. MITIGATION MEASURES: 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. Negative Declaration GPA 92-02 -2- 1!/30/92 2o The development of the site shall conform to the City of Gilroy's Consolidated Landscaping Policy, subject to the review and approval by the City Planning Department. A noise survey ~hall be conducted prior to any residential buildout for those properties which are contiguous to a designated City of Gilroy General Plan "Collector" or "Thoroughfare". The survey information shall be used to determine the need for any noise attenuation structures or special building design considerations. 4. The development of the site shall conform to Uniform Fire Code, subject to the review and approval by the City Fire Department. 5. Prior to the development of the site, the developer shall pay required City of Gilroy Public Safety impact fees. 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 1) impact fees, 2) dedication of land, 3) facilities, and/or 4) equipment. 7. Prior to the development of the site, the developer shall pay required City of Gilroy Parks & Recreation impact fees. 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. The developer shall pay the appropriate water service impact fees, subject to the review and approval of the City Engineer prior to the issuance of building permits. 10. The developer shall pay the appropriate sewer service impact fees, subject to the review and approval of the City Engineer prior to the issuance of building permits. 11. The design of all sewer line improvements serving the project site shall be provided by the developer, subject to the review and approval by the City Department of Public Works. 12. The developer shall provide for an archaeological reconnaissance of the site prior to the issuance of any building permits, subject to the approval by the City Planning Department. Date Prepared: November 30, 1992 End of Review Period: December 28,1~.~992 Date Approved: Michael Dorn, Director of Planning EXHIBIT C ' ', ~ . MITIGATION MONITORING PROGRAM CHECKLIST DeBeH Homes General Plan Amendment Initial Study (92-02) 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 Landscaping Future Developers City Planning Director 3 Conduct a noise survey Future Developers City Planning Director 4 Pay public safety impact fees Future Developers City Planning Director (Fire Protection) 5 Demonstration of adequate Future Developers City Fire Marshal water pressure and supply according to Gilroy fire codes 6 Pay public safety impact fees Future Developers City Planning Director (Police Protection) 7 Negotiation with school district Future Developers City Planning Director to pa,)' school impact fees 8 Pay parks and recreation Future Developers City Planning Director impacts fees 9 Storm Drain Improvements Future Developers City Engineer 10 Pay water impact service fees Future Developers City Engineer 11 Pay sewer service impact fees Future Developers Ci,W Engineer 12 Utility improvement plan Future Developers City Engineer 13 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-I2 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 6th day of July , 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 7th day of July (Seal)