Ordinance 1995-150
ORDINANCE NO. 95 -15
0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY REZONING FROM R1 (SINGLE FAMILY
RESIDENTIAL) TO R1 /R3 -PUD (SINGLE FAMILY
RESIDENTIAL /MEDIUM DENSITY RESIDENTIAL -
PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY
12.45 ACRES, APNS 790 -04 -039, -046.
WHEREAS, South County Housing and the City of Gilroy
( "applicants ") have submitted Z 94 -07, requesting an amendment to
the City of Gilroy's Zoning Map to rezone property including
approximately 12.45 acres; and
WHEREAS, the applicants have requested that APN's 790-
04 -039 and 790 -04 -046 be combined into a 12.45 acre R1 /R3 - PUD
zoning district and that 3.25 acres of that property be rezoned
from R1 (Single Family Residential) to R1 -PUD (Single Family Resid-
ential - Planned Unit Development) and that 9.2 acres of that
property be rezoned from R1 to R3 -PUD (Medium Density Residential -
Planned Unit Development); and
WHEREAS, the property affected by Z 94 -07 is located
North and West of Rod Kelley School, West of Kern Avenue, adjacent
to the future Mantelli Drive extension, such land being indicated
on a map attached hereto as Exhibit "A" and incorporated herein by
this reference; and
WHEREAS, the City Council adopted a Negative Declaration
with 30 mitigation measures for this project on September 19, 1994,
in accordance with the California Environmental Quality Act (CEQA) ,
which Negative Declaration is attached hereto as Exhibit "B" and
incorporated herein by this reference; and
WHEREAS, the Planning Commission held a duly noticed
public hearing on Z 94 -07 on December 1, 1994, and after that
hearing voted to recommend approval of the project; and
WHEREAS, the City Council held a duly noticed public
hearing on Z 94 -07 on December 19, 1994, at which public hearing
the City Council considered the project and the conditions proposed
\353 \200137.1
55- 092104706002 -1- ORDINANCE NO. 95 -15
to be attached to its approval along with staff reports, public
testimony, and documentation or other evidence on the project and
voted to approve the project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY
DOES HEREBY ORDAIN AS FOLLOWS:
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
the text, goals, and policies of the General Plan documents.
;30104 0 to] ZMel
The City Council hereby adopts the Negative Declaration
set forth in Exhibit "B" and thereby adopts the mitigation measures
and the mitigation monitoring program contained therein, finding
as follows:
1. The Negative Declaration for Z 94 -07 has been
prepared in accordance with CEQA and reflects the independent
judgement of the City.
2. There was no substantial evidence before the City
Council that the project as mitigated may have a significant impact
on the environment; and
SECTION III
A. Z 94 -07 should be and hereby is approved, subject to
the mitigation measures and mitigation monitoring program set forth
in the Negative Declaration attached as Exhibit "B ".
B. The Zoning Map of the City of Gilroy is hereby
amended to rezone approximately 12.45 acres so that APN's 790 -04-
039 and 790-04 -046 are combined to constitute a 12.45 acre R1 /R3 -
PUD zoning district with 3.25 acres of property rezoned from R1
(Single Family Residential) to R1 -PUD (Single Family Residential -
Planned Unit Development) and 9.2 acres of property rezoned from
R1 to R3 -PUD (Medium Density Residential - Planned Unit Develop-
ment), such property as is West of Kern Avenue, adjacent to the
\353 \200137.1
55.092104706002 -2- ORDINANCE NO. 95 -15
0
future Mantelli Drive extension, as 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.
PASSED AND ADOPTED this 16th day of October, 1995 by the
following vote:
AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ, GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROC
Donald F. Gage, Malo
ATTES .
Susanne E. Steinmetz, City C1
Exhibit "A" - Map
Exhibit "B" - Negative Declaration
\353 \200137.1
55- 092104706002 -3- ORDINANCE NO. 95 -15
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RECEIVED 89/19 15'Z3 1995 AT 42099e5388 PAGE Z (PRINTED PAGE 2) 1
SEP -19- -1995 15:19 PHONE 488 848 -.0430
planning Department
NEGATIVE
DECLARATION
tit pun ZUWMr: GPA 93 -02
�.
488 848 0429 P.02
City of Gilroy
7351 Ras -1-1a St.
Gilroy, CA 95020
( 4-08) 848.0440
X�"/0,-7(
Name of Project: Filice Family Estates Initial Study
stature of Project: General Plan Amendment increasing residential d -nsitp
P1WJ8CT IA ATION'
Locations West of Kern, north of Welburn Avenue
Aseeemor,s Parcel Number: 190 -04- 039,046,064
tit of poraoas Uvaorta&ga Project:
Name: Pilice rami.Iy Batate
Address; 7888 Wren Avenue, Suite D -143
INN 6M 8 '1'�Y -
An Initial Study of this project was undertaken and prepared for the
purpose of ascertaining whether this project might have a significant
effect oil the environment. A copy of t211.A study is on file at the city of
Gilroy planning Department, 7351 Rosanna Street, Gilroy, CA 95020
The initial study identified potentially significant effects on the
environment. However, the applicant has agreed to revisions in the
projact, or the project has been revised, ace Mitigation Measuxaa below
which avoid or mitigate the effects, to a point where no significant
affects will occur. There is no substantial evide=e the project, as
revised, may have a significant effect on the environment. The following
reasons will. support these f- findings:
1. Identified adverse impacts such as the effect on remataing sewer
plant Capacity, school impacts, and increase in traffic generated
from-thin pro7+cV- -are proposed to -I= mitigated"through buildOut
schedules, school impaction fees, and construction of off -site
improvements-
2. The proposal will not be detrimental to the pnbliC wolf areror
injurious to persona or property in the vicinity.
3_ Potential significant effects can be mitigated to reduce them to an
accept&ble level of impact.
- yJ V V i V1V
( RECEIVED 89/19 15:24 1995 AT 4099985388 PAGE 3 (PRINTED PAGE -Z) 7
SEP-19 -1995 15:20 PHONE a08 849 -0430 408 848 8429 P.m
Negative Declaration -2-
12/15/93
1. Daz=e development on this project site ahall be design" in accardance
critic earthquake design regulations of the Qniform Building Code, subject
to review and approval by the city Builditlq Department.
2_ Tkw future developer of the project s.ito shall have a preliminary stile
investigation prepared by a gootechnical film. The recommendations of
the preliminary soils =veetigation shall be incorporated into the final
improvemesst plans, which will be sub3eet to review and approval by t.23A
city 8ngineer prior to approval of a final subdivision map and final
improvement plans.
3. The future developer shall pay the appropriate Storm Drain Development
fee subject to review by the city Engineer prior to issuance of a
building permit.
4. The future developer shall pay for the updating of the Storm Drain Syvtam
waste. Plan model if the sto= Drain mains for this project deviate from
tisose shown ort the Master Plan, subject to review by the City Bng+neir
prior to issuance of a building permit.
S. The future developer shall provide designs of all storm drainage
improvements serving the proposed project site, subject to the zsview by
and approval, of the City n2pazment of Public Works.
6. The future developer shall construct finished floor elevations at least
one foot above the 100 -year flood elevation as delineated on the current
Flood Insurance Rate Maps (FIRM) produced by the Federal P.Mergency
Management agency (FERIA) .
7. The future developer shall apply for and obtain a General Permit for
Storm Witter Discharge Associated with Construction Activity from the
Regional Water Quality Control Board prior to issuance of grading permit,
encroachment permit, or approval of any tentative map for each of the
individual project vita.
8. The existing valley Oak tree, located in the eastern extension of the
project site shall be incorporated into any future landscape plarss for
the project site, which shall be subject to the review and approval of
the Planning Director prior to iaeuanee of a building permit-
9. Fach phase of future development shall pay a citywide traffic impact fee
£or itstprovmmants,—prior.. -to davalo=ent of—the-site. -.-
10. The design of all street improvements serving the project site shall be
provided by the future developer, subject to review and approval of the
City Department of Public Works.
11. The future developer of the project site Should incorporate tho access
and circulation recommendations contained in the Initial Study subject to
the approval of the city Department of Prahlic Works. These
recommendations include the following:
( RECEIVED 89/19 15:ZS 1995 AT 4089985388 PAGE 4 (PRINTED PAGE `) 7
5EP -1 9-1995 15 :20 PHONE 40e 848 -8430 408 948 042S P.04
Itegativa Declaration -3-
12/15/93
a. Coaetzuct Mantelli Drive as a four -lane arterial from Kern Avenue to
the westerly project boundary.
b. Provide secondary acce,sa to the project site. The most logical
method of providing this access is to extend Kelton, Dr:.ve from its
current termination near Howard Avenue into the southerly portion of
the project.
c. Align Felton Drive along the western boundary of Rod Kelley School to
ps*ovide access opportunities from Mt. Madonna School-, Rod Kelley
School, and the potential City park-
d. Prmvide a public street through the northerly portion of tha project
that •rill allow access to a bridge acmes the Santa Clara Valley
water District channel and then two lanes north of the channel._ This
develvpm ftnt u:ill pay far its pro -rata Share of the bridge at this
channel. This bridge and the street laadinq to it shall be located
per the Staff's d1scration.
e. Provide a school pedestrian croaaing at the Kelton Drive iatasaection
with Mantelli Drive.
12. Incorporate transportation demand management measures subject to approval
of the city Dapartment of Public works.
13. Development of the site Shall include the installation of bicycle racks
for residents, subject to review and approval by the City Planning
Departmeot.
14. Contractor specification* for the proposed project shall be submitted to
the building department for approval prior to issuance of a building
ge mmIt for the proponad project. The contractor specifications shall
include the following particulate emission measures-
a. Exposed earth surfaces shall be watered during clearing, excavations,
grading, and construction activities. Watering of exposed earth
sur'Pace9 could reduce particulate emissions as much as 50 percent.
All construction contracts should require watering in ;ate morning
and at the end of the day. The frequency of watering should increase
if wind speeda exceed 15 miles per hour.
b. Throughout excavation activity, haul trucks should use tarpaulins or
other effective covers at all times.
C. Upon completion of construction, measures shall be taken to reduce
wind erosion. Revegetation and repaving should be completed as soon
as possible.
15. All phases of future development on the project Site shall provide
conceptual and final- site_ deeign -plans and arabitactural -• and laadsCape
arcti.teczural plans consistent with the City of G11r0y'e Architectural
and Site Review procedurese. These plans are subject to review sad
approval by the City of Gilroy Architectural and site Review coctxstittea
and the City Planning Department with special conaideratIQZ given to the
following criteria:
E R=IVED 69/19 t5:Z5 1595 AT 4ee99OSSOB PAGE 5 (PRINTED PAGE C1 ]
SEP-19 -1995 15:21 PHOW 406 848 -0430 40e 848 0429 P.05
f
biegative Declaration •4-
12/15/93
a. To reduce the impact of higher density development =roe the' nearby
single family residential neighborhood, the scale, siting, and
masu4ag of buildings shall be consistent with Surrounding land usesr
landscape plans sbAl1 include measures such as b-10 and vegetative
buffering.
b. All future utilities, to, th=ough, and on the project site shall be
placed underground.
C. ]1 detailed site plan for all exterior lights shall be submitted an
part of the building permit review process for future development on
the project site. The lighting plan shall incorporate design
elements that will minim+s the potential for light and glare impactn
on adjacent residential properties.
16. The future developer shall iuolude measures to ensure that indoor and
outdoor noise levels at each lot are below the maximum noise level as
specified by the City's general plan based on the general plan build -aut
traffic and noise projections. These measures may include distance
setbacks, noise attenuation walla, and /or berming is order to reduce
noise to acceptable levels. The Planning Department and Architectural
and site Review Committee shall review all specific development proposals
to enure compliance with this measure. The future developer shall be
responsible for providing all necessary information to substantiare
compliance with this measure prior to issuance of a building pemtit_
17. Prior to the development of the site, the developer shall pay the
required City of Gilroy Public Safety impact fees.
is. Development plans shall include the installation of on -site fire hydrants
and automatic fire sprinklers within multi -level structures. ImpreveQOeat
plans shall be subject to review and approval by the City Departments of
Public Works, Fire, and Building prior to recordation of the Final
Subdivision Map.
19. The future 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.
20. Prior to the development of the site, the developer shall pay the
required city of Gilroy public Safety impact fees.
21. The developer shall provide required impact fees to the Gilroy Unified
School District.
22. Prior. to.developmant -of -the site,.the.develmper_shall pay required city
of Gilroy Parise vmd Recreation impact fees.
23. The future developer shall pay the appropriate water service development
fees, subject to review by the City tugLneer prior to the issuance of a
building permit.
24. The future developer shall pay for the updating of the Water System
Barter Plan model if the water mains for this project deviate from those
shown on the Master Plan, subject to review by the City 8ngineer prior to
issuance of a building permit.
W_J Olu/ Ulu
E RECEIVED 09/19 tS:28 1995 AT 4889985388 PAGE 6 (PRINTED PAGE
s - 19 -19'?5 15 =21 PHONE 409 S4e -e430 408 848 e429 F.06
Negative Declaration -5- 12/15/93
25. The future dsoeleper si:xll pay the appropriate sewer service development
fees, subject to review by the City Engineer prior to issuance of a
builAinq permit.
26. Prior to development of the site, the developer must obtain sufficient
sewer allocation to serve the proposed project and will be required to
pay the city of Gilroy aanitary sewer connection Peen_
27. The design of 411 *ewer line improvements servimg the proposed project
site shall be provided by the developer, smoject to review and approval
by the city Department of Public Worms.
28. The future developer shall pay for the updating of the Sanitary Sewer
Syetem Master Plata modal if the Sanitary Sewer ma nd for this project
deviate from those shown on the Master Plan, subject to review and
approval by the city Department of Public Works.
29. Due to the possibility that significant buried cultural resources might
be found during conatructi.an, the following language shall be included in
any permits issued for the project site, including but riot limited to
building permits for the future development, pursuant to the review and
approval of the city Planaiag Director: xf archaeological resources or
human remains are discovered during construction, work shall be halted
within so maters (150 feet) of the find until it can be evaluated by a
qualified professional archaeologist. If the find i.n determine4 to be
significant, appropriate mitigation measures shall be formulated and
impleeoeated .
Date Prepared: 12/20/93
Rnd of Review Parlod: 1/14/94
Date Approvadt by City Council. on Michael Dorn, Director of p1A.,,,;ny
Sepr.ember 19, 1994
(b) That a Mitigation Measure Ho. 30 hereby be added to
read as follows: The future developer shall widen the West Side
of Bern Avenue between Mantelli Drive and Rod Relley School,
subject to the review and approval by the city Department of Public
Works.
TOTAL P.25
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 95 -15 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 16th day of October 19 95,
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 17th day of October
19 95
City Clerk of the City of Gilroy
(Seal)