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Ordinance 1994-08ORDINANCE NO. 94 -8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REZONING FROM R1 (SINGLE FAMILY RESIDENTIAL) TO R1 -PUD (SINGLE FAMILY RESIDENTIAL, PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 13.4 ACRES, APNs 783 -21 -005 and -006 WHEREAS, Willard Homes has submitted Z 93 -10, requesting an amendment to the City of Gilroy's zoning map to rezone approximately 13.4 acres from R1 (Single Family Residential) to R1- PUD (Single Family Residential, Planned Unit Development); and WHEREAS, the property affected by Z 93 -10 is located on the west side of Santa Theresa Boulevard, on APNs 783 -21 -005 and -006, such land being indicated on a 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 Negative Declaration for this project, attached hereto as Exhibit B and incorporated herein by this reference; and WHEREAS, the Planning Commission held a duly noticed public hearing on Z 93 -10 on May 5, 1994 and after that public hearing voted to recommend that the City Council adopt the Negative Declaration and to approve the project; and WHEREAS, this City Council held a duly noticed public hearing on Z 93 -02 on May 16, 1994, at which public hearing the Council considered the project and the conditions proposed to be attached to its approval along with staff reports, public testimony and documentation or other evidence on the project. FOLLOWS: THE CITY COUNCIL OF THE CITY OF GILROY HEREBY ORDAINS AS SECTION I The project is consistent with the Gilroy General Plan because it conforms to the land use designation for the property on the General Plan Map, and it is consistent with the intent of ORDINANCE NO. 94 -8 -1- the text, goals, and policies of the General Plan documents. SECTION II The City Council hereby adopts the Negative Declaration set forth in Exhibit B and thereby adopts the mitigation measures and mitigation monitoring program contained therein, finding as follows: 1. The Negative Declaration for this project reflected the independent judgment of the City; and 2. There was no substantial evidence before the City Council that the project as mitigated may have a significant effect on the environment; and 3. The Negative Declaration for Z 93 -10 has been prepared in accordance with CEQA and reflects the independent judgement of the City. SECTION III A. Z 93 -10 should be and hereby is approved, subject to the mitigation measures and mitigation monitoring program set forth in Exhibit B. B. The Zoning Map of the City of Gilroy is hereby amended to rezone approximately 13.4 acres from R1 (Single Family Residential) to R1 -PUD (Single Family Residential, Planned Unit Development) , on property located on the west side of Santa Theresa Boulevard, on APNs 783 -21 -005 and -006, as such land is indicated in Exhibit A. SECTION IV This ordinance shall take effect and be in full force thirty days from and after its adoption and approval. ORDINANCE NO. 94 -8 CPM PASSED AND ADOPTED this 6th day of June, 1994 by the following vote: AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ, GAGE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ATTEST: d / Susanne Steinmetz, City Cler NO. 94 -8 =cc APPR ED: i�tvj ` awl---, - Don F. Gage, M o I Y: �tk fl � �zlr� y �8 (1; rev on ^4C A scan i � ^ O erg. �'•�. Qe1 1 OS .111 OW sl ' T t• I! `-tf��a! -� . �I�+ -'� -- ���u' `,INS !® � . . MAWTE t 1 DRIV IN Mantelli Dr. ` • SaI�S Outsley Dr. ,..� iC i efersen [[ cI ...... . lChesbro wu m Ave. ' " L� Welburrn Ati p1 ; aRponi . Ati SITE MAP FOR Z 93 -109 TM 94019 AND A/S 94-07 (P U ®) _ EXHIBIT A enw City of Gilroy NEGATIVE 7351 Rosanna St. Gilroy, CA 95020 DECLARA (408) 848 -0440 ON ( revised) CITY FILE a0lo;SRS: z 93 -10 and 2K 94-01 PROJEC'� DBSCRZPTZOB: Name of Project: Heritage Place Subdivision mature of Project: Proposed request to rezone 13t acres from R1 (single Family Residential) to RI-POD (single Family residential \ Planned Unit Development). PROJECT LOCATION: Location: West side of Santa Teresa Boulevard, north of Mantelli Drive. Assessors Parcel Numbers 783 -21 -005 and 006. Batity or Person[sl Undertakina Project: Flames Willard Haines Address: Post office Box 115, Morgan-Mill, California 95038 INITIAL STUDY: An INpanded 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, Gilroy, California. FnWXNGS a 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 fallowing list of M=GATION mmsuREs, 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 R1 (Single Family Residential) to R1 -PUD (single Family Residential \ Planned -Unit Development) 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 request will not adversely affect or impact neighboring parcels of land or adjacent developed residential properties; and D. All potential significant effects can be mitigated to reduce them to an insignificant level of impact. E LIMIT B Reg.Dec. Z 93 -1 TM 94 -01 2 04/25'/94 revised tdtiaation Measures: 1. The proposed 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. The developer shall conduct a detailed design level soils investigation for the project site to ensure that structure foundations and subsurface improvements are appropriately designed to withstand the expansive nature of the on -site soils and to ensure that grading and excavation plans are C properly engineered..: Recommendations of the soils investigation shall be incorporated ito future improvement plans for the project site subject to the review and approval of the City Building Department prior to approval of the final subdivision map. 3. The developer shall include existing trees with a twenty inch or more diameter in the landscaping plans for the proposed project, subject to the review and approval by the City Planning Department, via the Architectural and site Review process, prior to issuance of a building permit. 4.. The developer shall pay the appropriate traffic impact fee, subject to the approval of the City Department of Public works prior to the issuance of a building permit. S. The design of all street improvements serving the project site shall be provided by the developer, subject to the review by and approval of the City Department of Public works. 6. The developer shall incorporate the following access and circulation recommendations into the final improvement plans, subject to the approval of the City Department of Public works prior to the issuance of a building permit. A. Provide hammerhead type turn - around areas at each dead -end street to reduce the use of private driveways for turning around and to reduce vehicles travelling in reverse. B. Prohibit parking along private streets and private driveways throughout . the project site. C. Cluster parking spaces off - street throughout the project site. 7. The contractor specifications for the proposed project shall be submitted to the Building Department for approval prior to the issuance of a building permit for the proposed project. The contractor specifications shall include the following particulate emission measures: Peg.Dec. Z 93 -1 ZX 94 -01 3 04/25/94 revised A. Exposed earth surfaces shall be watered during clearing, excavations, grading, and construction activities. watering of exposed earth surfaces could reduce particulate emissions as much as 50 percent. All construction contracts should require watering in late morning and at the end of the dap. The frequency of watering should increase if wind speeds exceed 15 miles per hour; B. Throughout excavation activity, haul trucks should use tarpaulins or other effective covers at all times; and ' C. upon completion of construction, measures shall be taken to reduce wind and water erosion. 8. The developer shall incorporate noise attenuation measures into the final - improvement plans to ensure that indoor and outdoor noise levels at each lot along Santa Teresa Boulevard are below the maxims m noise level as specified by-the city•s General Plan. These measures may include the use of distance setbacks, noise attenuation walls, and /or be=ing to reduce noise to acceptable levels. These measures shall be included in the final improvement plans subject to the review and approval by the City Planning Department, via the Architectural & site Review process, prior to approval of the final subdivision map. 9. The developer shall be responsible for incorporating the following noise attenuation measures during construction of the proposed project to protect noise - sensitive land uses against the encroachment of obtrusive or °excessive levels of noise, subject to the review and approval of the city Building Department and the City Planning Department prior to the issuance of a building permit. These measures shall include: A. Limit construction hours. to weekdays between 7 a.m. and 7 p.m.; and B. use temporary berms or noise attenuation barriers where feasible. �9: Tke- de�re�eger- eke�}v -es- sees- es- pesssb�eT- end - before- tasneaee- of -ea1r beiidia9- permits- for - eke- pre�eebT -ee9et rate- wglk- tke- 6i�rey- 8asf�- 8ekee� B# striet- 3e- deter�se- tke- �eve�- e�- eddttseaeeeBs -ee- eke- dsstPtet: lghe- door elreper -eh e1- prey -3b -s tags # ea- ag- tke- ia�peetr- �e- tke- aekee� dietriet- Whiek- mer- 4nelede- ) impeee -fees, 2) dedieetses- ef- lendr -3t feeilit"er- eadfer- 4t- egeipmenty _ irr Prior to development of the site, the developer shall pay required city of 10. Gilroy Public safety impact fees. i3v Future development shall meet all water supply and water pressure 11. , standards as contained in the Uniform Building Code, subject to the review and approval of the City of Gilroy Fire Department prior to the issuance of a building permit. Neq.Dec. Z 93 -11 1M 94 -01 4 04/25/94 revised ird* Development plans shall include the installation of on -site fire 12 „ hydrants. The following improvements are required by the Gilroy Fire Department: A. Provide an additional fire hydrant next to Lot 31; and B. Provide an additional fire hydrant on saute Teresa Boulevard at the southeast corner of the project site. improvement plans shall be subject to the review and approval by the City Public works, Fire, and +�a +�q Department prior to recordation of ; the Final subdivision Map. *4v The proposed project shall conform to the uniform Fire Code, subject to 13. the review and approval by the Gilroy Fire Department prior to the issuance of a building permit. *S: Prior to the development of the proposed project site, the developer shall 14. pay required city of Gilroy Parks and Recreation impact fees. i6v The developer shall pay the appropriate water development fees, subject to .13. review by the City Department of Public works prior to the issuance of a building permit. &*v The developer shall dedicate a 10 -foot wide public utility easement along the-public roadway and private street rights -of -way, subject to the review and approval by the City Department of Public works prior to approval of the final subdivision map. �8� 1��- e� ®ttaq -pe£ vase- ++e�}s- ehe��be- gibes: deeed- ia- eeeerdaaee- w4tk- �e -seete e£- eat£ es�4e- eepertaeat-- e£- Hee�th- sesvtee- stendes�daT- sabjeet -le -the review- end- eppreve�- e£-1 lse- et 1p- Bepss�es�h- e£- Pt�i�e- werles- prier -se - _ _ £ sseessee- e£- e- be��na�- pesea�sl�. 17. All ezistina on -site wells shall be permanently canned in compliance with the standards set forth by the Banta Clara valley water District and the City Department of Public works prior to the issuance of a building permit. _ 1-9T The developer shall pay the appropriate sewer development fees, subject to 18. review by the City Department of Public works, prior to the issuance of a building permit. 88T Prior to development of the site, the developer must obtain sufficient 19. sewer allocation to serve the proposed project and will be required to pay City of Gilroy sanitary sewer connection fees. tteg.Dec. z 93 -1 TM 94 -01 5 04/25%94 revised g54 The design of all sewer line improvements serving the proposed project 20. site shall be provided by the developer, subject to the review and approval of the city Department of Public storks prior to the recordation of the final subdivision map. 22v Prior development of the site, all existing septic systems shall be 21. removed form the property, subject to the review and approval by the Santa Clara county Health Department and the city Building Department. 23T The developer shall :.pay the appropriate storm drain development fees, 22. subject to review by. the City Department of Public works prior to the issuance of a building permit. 24T The developer shall provide designs of all storm drainage improvements 23. serving the proposed project site. The improvement plans shall be subject to the review by and approval of the City Department of Public works prior :.. =:to the approval of the final subdivision map. LLST The developer shall have a hydrology ..study prepared by a qualified 24. hydrologist. This hydrology study shall accompany the improvement plans for the proposed project, subject to the review and approval by the city Department of Public works prior to approval of the final subdivision map. The hydrology study shall include the following: ::.A. identification of the project site and applicable watershed boundaries; a. A discussion of existing drainage patterns and existing drainage infrastructure on the project site and in the surrounding area; c. calculations of existing drainage volume from the project site and the surrounding area.; D. Calculations of post - development drainage volumes for the proposed project and surrounding areas based on general plan build -out; E. identification of on -site and off -site drainage improvements necessary to serve the proposed project. All necessary drainage infrastructure shall be sized to accommodate the proposed project and the surrounding area; and _ F. An analysis of the drainage facilities needed to allow the overland flow from the 100 -year event to route through the subdivision. 26T The developer shall construct the retaining wall along the northerly 25. property line with materials approved by the city of Gilroy Department of Public works and city Building Department. The developer must obtain approval of materials prior to the issuance of a building permit. Neg.Dec. Z 93 -10 1 94 -01 04/25/94 revised a*v The developer shall demonstrate that all backyard drainage will be 26..directed to the private streets. No drainage will be allowed to cross any property lines. This requirement shall be included in the final improvement plans subject to review and approval by the city Department of Public works prior to the approval of the final subdivision map. 28. The developer shall apply for and obtain a General Permit for storm water Discharges Associated with construction Activityo. by submitting a completed watice -cf- intent (Poi) form and navaent of $500 to Arm the Regional water Quality control Board prior to the issuance of a building; permit. Further, the developer shall be reanired to comply with the terms of this permit durina and after construction of the project which include, but are not limited to, the following: A. The use of water_auality controls (i.e., Best Management Practices both during and after construction such as: • Stabilizina denuded areas prior to the wet season (October 1 through may 11; • Limiting construction access routes and stabilizing access points: • Protectina adiacent properties with sediment barriers, dikes, or mulching: • stabilizina and preventina erosion fram temporary conveyance channels and outlets: e using proper construction material and construction waste storage, bandlina. and disposal practices: • Protect outdoor storage materials from drainage with berms and roof covers: • use appropriate landscape controls (irrigation and application of fertilizers. herbicides, and pesticides): and • Install structural storm water treatment controls such as wet ponds, swales. veaetated filter strips, extended detention basins. and /or sand filters: a. Performance of routine visual monitorina of these controls: and C. submittal of an annual report. documentina all surface water drainage information to the State water Resources control Board. 29T Due to the possibility that significant buried cultural resources might be 28. found during construction, the following language shall be included in any permits issued for the project site, including but not limited to building permits for the future development, pursuant to the review by and approval of the City Planning Director. The following language shall be printed on all grading and construction plans prior to building permit issuance: "Zf archaeological resources or human remains are discovered during construction, work shall be bolted within 150 feet of the find until it can be evaluated by a quallfied professional archaeologist. Zf the find is .deteracined to be significant, appropriate mitigation measures shall be formulated and implemented." M 0 neg.Dec. Z 93 -1 TM 94 -01 7 0044/25/94 rerlsed 29. she Developer shall construct finished floor elevations at least one -foot above the 100 --year flood elevations as delineated on the ezistinv Flood Insurance Rate Maps [FIRM) produced by the Federal msergency'Management Agency (PWQ) . 30. she developer shall be responsible for submitting two sets of the revised tentative may to the Santa Clara valley Crater District shooing all storm water drainage improyements. and obtain a permit from the Santa clam valley water District prior to the issuance of building permit by the city C: ` of ailro9. original Date Prepared: March,9, 1994 End of Review Period: April 7,1994 Revised: April 25, 1994 • Approved by city Council: Michael Dorn, Director of Planning Attachment A Ivy CONOIN 10 100 V 0) It IC4 Heritage Place Subdivision Rezoning Initial Study (Z 93-10) Prior to approval of Final Subdivision Map and Improvement Plans, the following mitigations shall be implemented: Mitigation Number Nature of Mitigation Responsible for per' Responsible for Implementation Monitoring Conduct a soils investigation. 2. Incorporate recommendations of the Developer City Building Department soils investigation into future improvement plans. Provide the design of all street 5. improvements serving the project Developer City Public Works Department Incorporate the access and 6. circulation recommendations Developer City Public Works contained in Section 5.5. Department inelwi measures to ensure that indoor and outdoor noise levels at each lot are.below the City Building Departmen S. noise level as specified by the city's Developer general plan based on the general City Planning Department plan build -out traffic and noise uroiections. City Public Works 4& Development plans shall include Department the installation of on -site fire Developer City Fire Department hydrants. Citv Building Department X' easement along 10-foot th public utility public roadway Developer City Public Works and Private street rights of way. Department Provide the design of all sewer line 2& improvements serving the proposed Developer City Public Works ro'ect site. Department P Provide the design storm drainage serving the _ Developer City Public Works proposed project site. Department Have a hydrology study prepared by a qualified hydrologist to 25. accompany the improvement plans Developer City Public Works 2& for the proposed project The Department hydrology study shall include the sions made in Section 5.7.7. Mitigation Number Nature of Mitigation - Party for Party Responsible for Monitoring Implementation Demonstrate that all backyard drabiage will be directed to the Developer City Public Works private streets. No drainage will be Departznent allowed to cross any lines , I 0 Attachment B MITIGATION MONITORING PROGRAM CHECKLIST Heritage Place Subdivision and Rezoning Initial Study (Z 93-10) Prior to issuance of a Building Permit, the following mitigations shall b implemented: - Mitigation, Nature of Mitigation ga ' p� Responsible for part' ���ble for Implementation Monitoring ring Development designed in 1. accordance with earthquake design Developer City' Building "Department re ations. Include existing trees with a 20- inch or more diameter in the City Planning Department S. landscaping plans for the proposed Developer Architectural & Site ect. Review Process 4. Pay appropriate traffic impact fee. Developer City Public Works Department The contractor specifications for the proposed project shall be submitted to the City Building Department ?. and shall include the three Developer City Building Departmen " particulate emission measures contained in Section 5.5 of the initial stadv. Incorporate noise- attenuation measures contained in Section 5.6 during construction of the proposed City Planning Department 9. project to protect noise- sensitive Developer land uses against the encroachment City Building Department of obtrusive or excessive levels of noise. Dmelep Qikay Unified Saba District Saban] Di "ape- -L;h �;=;;id, fl," he 1k Pay public safety impact fees. (Fire and Police Protection). :' 'Developer City Building Department T VY � S` C Mitigation Number t Nature of Mi ' tion Ply Responsible for PartY Responsible for Implementation Monitoring Development shall meet all water supply and water pressure City Fire Department ly standards as contained in the Developer City public Works Uniform Building Code. Department Gilroy Fire Department �4 1$. The development of the site shall conform to the Uniform Fire Code. D�opm, City Public Works Department Citv Building Department 46, Pay parks and recreation impacts fees. Developer City Building Department 1�. Pay water impact service fees. Developer Public Works Department 48. Public Works Department Rhandamad in accoyda.;.- Z. Alt eidstina on -site wellsahaMn Developer Santa Clara V ley Water neManentivv MR°ed in MMRU- = with the standards set fQrth by the Santa Clara Valley Water District and City 32 z!a=fmt of Pt hlic Wow• (Revised be Comment's 4' A Pay sewer service impact fees. Develo Pm' City Public Works Department Obtain sufficient sewer allocation to the Proper project, and Developer City Public Works �' sanitary sewer connection fees. Department P Prior to development of the site, all City Building Department 2L existing septic systems small be Developer Santa Clara County health removed from the property. 2& Pay storm drain service impact fees. Developer P� —Department City D Public Works Department Construct the retaining wall along the northerly property line with City Public Works 2L materials approved by the City of Developer Department Gilroy Department of Public Works and Citv Building Department.- City Building Department Mitigation Nuniber Nature of Mitigation Party nNI for on Party Responsible for Monitoring Obtain a "General Permit for Storm Water Discharge Associated with Construction Activity- bI 2L Developer City Public Works Department Wd Raymot of $500 to irm the pd*effiftl water Q Biwa Hat= B&== Control Board. rtauired to comply with the terms gf this V=it during and after =struction of the nroiecL Due to the possibility that sigoificant buried cultural 2A 2L resources might be found during construction, the archaeological language contained in Section 5.8 of the intial study shall be included in any permits issued for the project Developer City Planning Department QM=Ct:r3niSb2d J12U M" (ma MMAI (Added per Comment 3) Submit two sets of the revised Tentative Man to the Santa GIM storm water dXRiQ= imorovements and obtain a RCM]jt Santa Clara Valley fimm- and the a2ZMXgJ of the Snta C1= Valley Eau DistticL (Added per Comment 6) ' ' ^/ � ~ , I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 94 -8 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 June 19 94, 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 10th day of June 19 94 .1 1 z LK �' - City Clerk of the City of Gilroy (Seal)