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Ordinance 1996-050 9 ORDINANCE NO. 96 -5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REZONING FROM R1, RH, AND PF (SINGLE FAMILY RESIDENTIAL, RESIDENTIAL HILLSIDE , AND PARK /PUBLIC FACILITY) TO R1 -PUD, RH -PUD, AND PF -PUD (SINGLE FAMILY RESIDENTIAL - PLANNED UNIT DEVELOPMENT, RESIDENTIAL HILLSIDE - PLANNED UNIT DEVELOPMENT, AND PARK /PUBLIC FACILITY - PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 145.8 ACRES, Z 95 -03 WHEREAS, Valley Title ( "applicant ") has submitted Z 95- 03 requesting an amendment to the City of Gilroy's Zoning Map to rezone property including approximately 145.8 acres; and WHEREAS, the applicant has requested that the subject property be rezoned from R1, RH, and PF (single family residential, residential hillside , and park /public facility) to Rl -PUD, RH -PUD, and PF -PUD (single family residential - planned unit development, residential hillside - planned unit development, and park /public facility - planned unit development); and WHEREAS, the property affected by Z 95 -03 is located west of Santa Teresa Boulevard, north of Longmeadow Drive, northeast and northwest of the future extension of Rancho Hills Drive, and north of Sunrise Drive, 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 (Revised April 1, 1996) with 14 mitigation measures for this project on April 1, 1996, 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 duly noticed public hearings on Z 95 -03 on January 4, 1996, February 1, 1996, and March 7, 1996, and after the hearing on March 7, 1996, voted to URPAM26.01 -1- ORDINANCE NO. 96 -5 64- 050704706002 0 0 recommend approval of the proposed Negative Declaration (Revised March 18, 1996) but denial of the proposed rezoning; and WHEREAS, the City Council held a duly noticed public hearing on Z 95 -03 on March 25, 1996; and WHEREAS, the City Council at its duly noticed meeting of April 1, 1996 reviewed and considered the proposed negative declaration and the proposed rezoning, along with staff reports, public testimony, and documentation or other evidence included in the record of hearings on the project, and adopted the negative declaration. 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. SECTION II The City Council adopted the Negative Declaration set forth in Exhibit "B" on April 1, 1996, and hereby adopts the mitigation measures and the mitigation monitoring program contained therein, finding as follows: 1. The Negative Declaration for Z 95 -03 was prepared in accordance with CEQA and reflects the independent judgment of the City. 2. Any mitigation measures deleted or revised were done so in compliance with California Public Resources Code section 21080(f). Such conditions are determined to be unnecessary, infeasible, or otherwise undesirable, and the revised mitigation measures are equivalent or more effective in mitigating significant effects on the environment to a less than significant level and do not cause any potentially significant effects on the environment. v,PJG0502601 -2- ORDINANCE NO. 96 -5 64050704706002 • 1 • 3. There was no substantial evidence before the City Council that the project as mitigated may have a significant impact on the environment. SECTION III A. Z 95 -03 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 145.8 acres pursuant to Z 95 -03 from R1, RH, and PF (single family residential, residential hillside , and park /public facility) to R1 -PUD, RH -PUD, and PF -PUD (single family residential - planned unit development, residential hillside - planned unit development, and park /public facility - planned unit development), such property as is west of Santa Teresa Boulevard, north of Longmeadow Drive, northeast and northwest of the future extension of Rancho Hills Drive, and north of Sunrise Drive, as is indicated in Exhibit A [but excluding that property which is the subject of Tentative Maps 95 -02 and 95 -03]. C. This approval of Z 95 -03 allows for density transfer of approximately 48 units from the hillside areas of the property which are designated residential hillside and park /public facility, to the remainder of the property, but does not include any density transfer from the property which is the subject of Tentative Maps 95 -02 and 95 -03. SECTION IV This ordinance shall take effect and be in full force thirty days from and after its adoption and approval. \RPJk'05026.01 -3- ORDINANCE NO. 96 -5 64-050704706002 0 0 PASSED AND ADOPTED this 6th day of May, 1996 by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, VALDEZ, GAGE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPRO D: a""u 1, 94,41 Donald F. Gage, MaybE- Exhibit "A" - Map Exhibit "B" - Negative Declaration RPJQ05026,01 -4- ORDINANCE NO. 96 -5 64- 05070470M °i �5 :r �f ci EXHIBIT A SITE MAP FOR Z 95-03 & A/S 95 -34 (P U D) EXHIBIT B Community Development Department Planning Division Negative Declaration (Final Draft) City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 (408) 848 -0440 City File Number: Z 95-03, TM 95-02, TM 95-03 and A/S 95-34 (PUD) Project Description Name of Project: Rancho Hills and Deer Park Subdivisions Nature of Project: Proposed request to rezone the entire project site from RI (Single Family Residential) and RH (Residential Hillside) to RI PUD (Single Family Residential, Planned Unit Development) and RH PUD (Residential Hillside, Planned Unit Development), and to subdivide two parcels totalling 200.8 acres into 294 residential lots & 2 remainder lots. Project Location Location: West of Santa Teresa Boulevard, between Longmeadow Drive and Day Road, bounded by Sunrise Drive, Eagle Hills Way, and Eagle View Way. Assessor's Parcel #: 783-48 -080, 783-49 -056 and portions of 783 -20 -024, 030 Entity or Person (s) Undertaking Project Name: Valley Title Company Address: 1955 The Alameda, San Jose, CA 95126 Initial Studv An Initial Study of this project was 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 Division, 7351 Rosanna Street, Gilroy, CA 95020. Findings & Reasons The Initial Study identified potentially significant effects on the environment. However, this project has been mitigated (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 may have a significant effect on the environment. The following reasons will support these findings: The proposal is a logical component of the existing land use of this area. 2. Identified adverse impacts are proposed to be mitigated through preparation of special studies, and construction of off -site improvements. Draft Negative Declaration Z 95 -03, T M 95 -02, T M 95 -03, A/S 95 -34 2 Final Draft 4 -10 -96 3. The proposed project is consistent with the adopted goals and policies of the Gilroy General Plan. 4. The Initial Study was independently reviewed by City staff; and this Negative Declaration reflects the independent judgement of the City of Gilroy. The project shall be designed in accordance with earthquake design regulations of the Uniform Building Code, subject to review and approval by the City Building Division (Deer Park Subdivision and Rancho Hills Estates Subdivision). 2. A certified geologist shall review the 1986 Soil and Geologic Investigation prepared by Applied Soil Mechanics, Inc. and its appropriate application to the currently proposed tentative maps. If necessary, a new soil and geologic investigation shall be performed to identify appropriate mitigation measures for the current tentative maps. This shall be accomplished prior to issuance of a building permit, subject to review and approval by the City Engineering Division (Deer Park Subdivision and Rancho Bills Estates Subdivision). 3. The design and construction of all storm drainage improvements serving the project site shall be provided by the developer, subject to review and approval by the City Engineering Division (Deer Park and Rancho Hills Estates). These design plans shall include, but not be limited to: a. Applicable storm water source and treatment -based best management practices, applied and maintained, as recommended in the California Storm Water Best Management Practice Handbook. b. Provisions for periodic sweeping for roadways, driveways, and parking areas on the project site. c. A design to reflect the City's Storm Water Master Plan. d. Paved areas shall be designed to minimize drainage that is channeled to one location. Pathway paving shall be kept to a minimum and shall be porous in nature, wherever feasible. e. Drainage facilities shall be designed and installed to collect and transport the natural flows in the hillside away from the streets and buildings and into approved drainage structures. 4. Developers shall pay the appropriate storm drain development fees, subject to review by the City Engineering Division prior to issuance of a building permit (Deer Park and Rancho Hills Estates). 5. The developer shall apply for and obtain a General Permit for Storm Water Discharges Associated with Construction Activity by submitting a completed Notice of Intent form and appropriate payment to the State Water Resources Control Board prior to the issuance of a building permit. Further, the developer shall be required to comply with the terms of this permit during and after construction of the project (Deer Park and Rancho Hills Estates). These terms include, but are not limited to, the following: Draft Negative Declaration Z 95 -03, T M 95 -02, T M 95 -03, A/S 95 -34 Final Draft 4 -10 -96 a. The use of water quality controls (i.e. Best Management Practices) both during and after construction, for example: • Design project to focus on minimizing directly connected impervious surfaces to provide for slowing of storm water flows and increasing recharge potential; • Stabilizing denuded areas prior to the wet season (October 1 through May 1); • Limiting construction access routes and stabilizing access points; • Protecting adjacent properties with sediment barriers, dikes, or mulching; • Using proper construction material and construction waste storage, handling, and disposal practices; • Protecting outdoor storage materials from drainage with berms and roof covers; • Using appropriate landscape controls (irrigation and application of fertilizers, herbicides, and pesticides); and • Installing structural storm water treatment controls such as wet ponds, swales, vegetated filter strips, extended detention basins, and sand filters. b. Performance of routine visual monitoring of these controls; and c. Submittal of an annual report, documenting all surface water drainage information to the State Water Resources Control Board. 6. The project proponents shall prepare a transportation improvement plan to include the following items: a. Design and install a traffic signal at Longmeadow Drive/Santa Teresa Boulevard from initial development of the project, prior to sale and building occupancy. This improvement is eligible for reimbursement though the City's traffic impact fee program. b. Design and improve Santa Teresa Boulevard from Mantelli Drive to the south segment of Day Road, when warranted by the City Engineering Division and the County. This shall include a date and phasing schedule. Construction and phasingplans shall be subject to review by the County and review and approval by the City Engineering Division. This improvement is eligible for reimbursement though the city's traffic impact fee program. c. The short connection between Eagle View Way and Sunrise Drive (in the central portion of Deer Park Subdivision) should be aligned with other north/south roadways. A proposed realignment is presented in Figure 4 of the traffic report. d. The following measure shall be implemented to reduce the impact on Eagle View Way: • Phase the development so that only 75 dwelling units are constructed that will load traffic primarily onto Eagle View Way prior to the construction of Sunrise Drive. Draft Negative Declaration Z 95 -03, T M 95 -02, T M 95 -03, A/S 95 -34 4 Final Draft 4 -10 -96 e. Before constructing Sunrise Drive, only 47 units in the southeast portion of the project site and approximately 150 units in the two sections located in the northwest portion of the site can be constructed. Sunrise Drive shall be fully constructed between Santa Teresa Boulevard and the proposed project. Construction and phasing plans shall be subject to review by the County and review and approval by the City Engineering Division. It should be designed for two travel lanes, parking, curbs, and gutters. It should flare out at Santa Teresa Boulevard to include turn lanes. The final specific design for Sunrise Drive shall meet the requirements of the General Plan designation for street capacity in the area. Preparation of this transportation improvement plan will include revising the tentative subdivision map for Deer Park. The transportation improvement plan will be subject to review and approval by the City Engineering Division, prior to approval of the final subdivision map and final improvement plans (Deer Park Subdivision and Rancho Hills Estates Subdivision). 7. The developers shall be responsible for submitting a dust control program which shall include the applicant being limited to grading no more than four acres per day. This mitigation shall be implemented throughout project work, and the applicant shall water all exposed ground surfaces at the end of each day, and shall water at least once during the work day. Additional water shall be applied to the ground surface if dust becomes airborne. This mitigation shall be implemented throughout project grading operations. The program is subject to review and approval by the City Building Division, consistent with existing city policies and codes, prior to issuance of a building permit (Deer Park Subdivision and Rancho Hills Estates Subdivision). 8. Noise - generating construction activities shall be restricted to 7 a.m. through 6 p.m.. Construction equipment shall be properly muffled and maintained. The contractor work specification for all construction activities shall reflect these measures, subject to review and approval of the City Building Division prior to issuance of a building permit (Deer Park Subdivision and Rancho Hills Estates Subdivision). 9. Prior to development of the site, the developer shall pay required City of Gilroy Public Safety impact fees (Deer Park Subdivision and Rancho Hills Estates Subdivision). 10. The developer shall provide required impacts fees to the Gilroy Unified School District and fulfill terms of an existing school mitigation agreement (Deer Park and Rancho Hills Estates Subdivision). 11. Prior to development of the site, the developer shall pay required City of Gilroy Parks and Recreation impact fees (Deer Park Subdivision and Rancho Hills Estates Subdivision). 12. If archaeological resources or human remains are discovered during construction, work shall be halted within 50 meters (150 feet) of the find until it can be evaluated by a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented (Deer Park Subdivision and Rancho Hills Estates Subdivision). 13. The developer shall submit a work plan addressing how the dump area will be removed. The work plan will need to include a sampling procedure that will adequately determine the presence of soil or groundwater contamination. The developer shall retain the services of a qualified environmental testing company to collect the samples. Samples will be analyzed by a certified laboratory for EPA 608, 8015, 8020, and total recoverable oil and grease. Draft Negative Declaration Z 95 -03, T M 95 -02, T M 95 -03, A/S 95 -34 Final Draft 4 -10 -96 The work plan shall be developed in coordination with a qualified archaeologist because of the potential for cultural materials in the area. If soil or groundwater contamination is present, a remedial work plan must be submitted and approved by the Gilroy Fire Division, Building, Life, and Environmental Safety Division, and Chemical Control Division, prior to taking any remedial action. The remedial work plan shall include the presence of an archaeological monitor. All action must be completed and accompanied by a letter of closure by Chemical Control prior to final map approval (Rancho Hills Estates Subdivision). Should cultural resources be found in the area, an evaluation shall be made of the presence and significance of the site, and recommendations formulated for mitigation and protection of any cultural resources present. 14 Developer is required to use a temporary road on Sunrise Drive to serve as access for heavy equipment for construction purposes. 4/10/96 Date Prepared: September 26, 1995 (r—ev. X 96) End of Review Period: October 24, 1995 Date Approved By City Council: Norman Allen Community Development Director MITIGATION MONITORING PROGRAM CHECE LIST Deer Park and Rancho Hills Estates Initial Study Prior to issuance of a Building Permit, the following mitigations shall be implemented: Mitigation Nature of Mitigation Party Responsible for Party Responsible for Number Monitoring 1 Development designed in Developer City Building Department accordance with earthquake (Deer Park and design regulations Rancho Hills Est.) 2 Review 1986 soil and geologic Developer City Building Department investigation; prepare new (Deer Park and report if necessary Rancho Hills Est.) S Developer City Building Depa#me -b` Pay storm drain development Developer City Department of Public 4 fees (Deer Park and Works Rancho Hills Est.) -6- Obtain NPDES permit Developer City Department of Public 5 (Deer Park and Works Rancho Hills Est.) -8- Submit dust control program Developer City Planning Department 7 (Deer Park and Rancho Hills Est.) J9- Prepare contractor work Developer City Building Department 8 specifications for all construction (Deer Park and activities to include restricting Rancho Hills Est.) noise - generating activities to from 7 am to 10 pm -1-9- Pay required public safety fees Developer City Planning Department 9 (Deer Park and Rancho Hills Est.) -1-1- Pay statutory impact fees Developer City Planning Department 10 (Deer Park and Rancho Hills Est.) -I!e- Pay required parks and Developer City Planning Department 11 recreation impact fees (Deer Park and Rancho Hills Est.) �- Include archaeological resources Developer City Planning Department language on all construction -(Deer Park and plans Rancho Hills Est.) 14 Temporary access road for Developer City Engineering Div. heavy construction equipment (Deer Park and Rancho Hills Est.) MITIGATION MONITORING PROGRAM CHECELIST Deer Park and Rancho Hills Estates Initial Study Prior to recordation of the Final Subdivision Map, the following mitigation measures shall be implemented: Number Number Nature of Mitigation Responsible Party Party Responsible for for Implementation Monitoring f 3 Design storm drain Developer City Public Works improvements - (Deer Park and Department Rancho Hills Est.) 6 Prepare transportation Developer City Public Works improvement plans (Deer Park and Department Rancho Hills Est.) 13 Prepare a work plan to address Developer City ire Department, removal of dump site. Test for soil and/or groundwater (Rancho Hills Est.) Building, Life, and contamination. If contamination Environmental Safety Division, Chemical Control exists, prepare a remedial work plan. - Site must obtain "closure". All work must be done in coordination with a qualified archaeologist due to potential significant cultural resources at the site I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 96 -5 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 May 19 96 , 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 9th day of May 19 96. (Seal)