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Ordinance 1998-03ORDINANCE NO. 98-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE ZONING DESIGNATION FROM R1 SINGLE FAMILY RESIDENTIAL TO R3-PUD MULTIPLE FAMILY RESIDENTIAL PLANNED UNIT DEVELOPMENT ON APPROXIMATELY 1.313 ACRES, A PORTION OF APN 790-04-038, Z97-05 WHEREAS, Beverly Working and Gloria Bentinck, South County Housing Corporation, the applicants, submitted application Z97-05 requesting to change the zoning designation on a portion of property identified as APN790-04-038 from R1 (single family residential) to R3-PUD (medium density residential - planned trait development) and consisting of approximately 1.313 acres; and WHEREAS, the property affected by Z97-05 is located west of Kern Avenue, between Mantelli Drive and Tatum Avenue, adjacent to the Santa Clara Valley Water District drainage channel, such land being indicated on the map attached hereto as Exhibit A; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council on January 5, 1997 in connection with related application M97-12 adopted a Negative Declaration with eight mitigation measures, for which a Mitigation/Monitoring program has been prepared, finding that the Negative Declaration reflected the independent judgment of the City and that, on the basis of the initial study and any comments received thereon, there was no substantial evidence that the project will have a significant effect on the environment; and WHEREAS, the Plarming Conunission reviewed application Z97-05 at its duly noticed public hearing on November 6, 1997 and recommended that the City Council approve application Z97-05; and WHEREAS, the City Council reviewed application Z97-05 and all documents relating thereto and took oral and written testimony at its duly noticed public hearing on January 5, 1998; and kKBA\360460.01 - 1 - ORDINANCE NO. 98-3 72-121904706002 WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this project approval is based is the office of the City Clerk. NOW, THEREFORE, THE CITY COUNCIL HEREBY F1NDS: A. The zone change is consistent with the land use designation of the General Plan Map and the policies of the General Plan as fully discussed in the Staff Report dated October 30, 1997. B. This project will add to the needed supply of housing for developmentally disabled citizens in the City. THE CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: A. Z97-05 should be and hereby is approved, subject to the mitigation measures set forth in the Negative Declaration attached hereto as Exhibit B and incorporated herein by this reference. B. The Mitigation/Monitoring Program set forth in Exhibit B is hereby adopted. PASSED AND ADOPTED this 17th day of February, 1998 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Rhon~ta Pellin, City Clerk ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, GILROY NONE NONE APPROVED: Mike Gilroy, Mayor IKBA\360460.01 - 2- ORDINANCE NO. 98-3 72-12190470§002 Future Street §0' 89"52'~4' £ WEST '1 240.00 ;o " 130.27' 3~ R = 30.00' I Mop to Accompany City oF Gitroy Re-Zoning Application No, Portion oF Lot 35 Jas A, Clayton & CO's, Subdivision oF Las Anlmas Ranch Lot No, 31 & P~rt oF Las Anlm~s Ranch Lot 3cj, L~s Animas R(xnc:ho Parti~cion Superior- Court Cose No; 5536, Santa Clara County, Cali~r'ornia August 1997 1' =100' Exibit Community Development Department Pl,annmg Division NEGATIVE DECLARATION City File Nttmber: Z 97-05 Name of Project: Nature of Project: City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 (~08) 848-0440 Villa Esperanza Residential Facility Request to construct 21 aparunent units on a 1.6 acre parcel Location: Assessor's Parcel Numbers: 790-04-038 (portion) Entity. or Person(s) Undertakino_ Pr~eet: Name: South County Homing and Address: 7455 Carmel Street, Gilroy, CA 95020 InitiaLSm : West side of Kem Avenue, North of Mantelli Drive, South of Tatum Avenue Hope Rehabilitation Services 8855 Murray Avenue, Gilroy, CA 95020 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 enviroment. A copy of this study is on file at the City of Gilroy Planning Department, 7351 Rosauna Street, Gilroy, CA 95020. 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 Preliminar3, Negative Declaration Villa Esperanza 2 9/19/97 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: 1. 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. 3. The proposed project is consistent with the adopted goals and policies of the General Plan of the City of Gilroy: The Initial Study was independently reviewed by Cit~ staff, and this Negative Declaration reflects the independent judgement of the City of Gilroy. A soils investigation shall be prepared for the project by a qualified soils engineer. The recommendations of the soils investigation shall be incorporated into the final improvement plans and shall be reviewed and approved by the City Building, Life and Environmental Safety Division, prior to approval of the final map. The design and construction of all storm drainage improvements serving the project site shall be provided by the project developer, and will be subject to review and approval by the City Engineering Division, prior to issuance of a building permit. These designplans shall include, but not be limited to: · a. Paved areas shall be designed to minimize drainage that is channeled to one location. Pathway paving shall be porous in nature, wherever feasible. b. Drainage facilities shall be designed and installed to collect and transport flows away from the streets and buildings and into approved drainage structures. c. Provisions for periodic sweeping fi'om driveways and parking areas on the proposed project site shall be addressed. The developer shall obtain a Santa Clara Valley Water Dis~ict (SCVWD) pcmdt. Before the SCVWD permit can be issued, final site plans will need to be submitted to SCVWI) for engineering review. Two sets of site plans should be submitted that show the grading, drainage, landscape, and fencing plans for the proposed project. All surface rtmoff from the project site shal! be routed to an existing storm drain system on Kern Avenue, or as stipulated by the City Engineering Division. Storm water from the project site shall not be discharged to the drainage channel adjacent to the project site. Review of the final site plan by the SCVWD and the Gikoy Engineering Division shall take place prior to approval of Architectural and Site review. Preliminary Negative Declaration Villa Esperanza 3 9/19/97 The following control measures shall be incorporated into any permits issued for the proposed project: A. Water all active construction areas at least twice daily. B. Cover all tracks hauling soil, sand, and other loose materials or require all tacks'to maintain at least two feet of fi'eeboard. C. Pave, apply water three times daily, or apply (non-toxic) soil'stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. D. Sweep daily (with Water sweepers) all paved access roads, parking areas and staging areas at construction sites. E. Sweep streets::daily (with water'sweepers) ifvisible soil material is carded onto adjacent public streets. F. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more). G. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.). H. Limit traffic speeds on unpaved roads to 15 mph. I. Install sandbags.or other erosion control measures to prevent silt runoff to public roadways. J. Replant vegetation in disturbed areas as quickly as possible. Prior to approval of Architectural and Site review, the project applicant shall provide the Giiroy Planning Division documentation to support the proposed plan for a lower number of parking spaces than is required for a residential project with a similar number of residential units. The project applicant shall provide a sidewalk on the west side of Kern Avenue across the project site fi'ontage to the south to connect with the existing sidewalk located near the Mantelli Drive/Kern Avenue intersection. The desig~a and location of this sidewalk shall be submitted to the Gikoy Engineering Division prior to the approval of Architectural and Site review. Due to the possibility of adverse short-term noise impacts from consmaction, the following language shall be included in any permits issued for the project site, including, but not.limited to building p~m/ts for the future development. "Nois~ generating construction activities are limited to weekdays between 7 a.m. and 6 p.m. Limit noise generating construction activities to weekends between 9 am. and 6 p.m." Due to the possibility that significant bur/ed cultural resources might be found during construction, the following language shall be included in any permits issued for the project site, including, but not limited to building p~w,its for the future development, pursuant to the review and approval of the Gilroy Planning Division: "If archaeological resources or human rell~ain~ are discovered during construction, work shall be halted at a minimum of 200 feet Preliminary Negative Declaration Villa Esperanza 4 ' 9/19/97 from 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." Date Prepared: September 19, 1997 End of Review Period: October 15, 1997 Date Approved By City Council: William Faus Planning Services Manager Mitisation Monitoring Checklist A 'Prior to issuance of Arctiitectural and Site Review, the following mitigation measures shall be implemented: 3 ~e proje~ developer s~ ob~i~ a S~ta Cl~a ~veloper G~oy V~ey Water Di~ (S~) pe~t. Before ~ee~g the S~ pe~t c~ be isled, ~nal site ~v~ion plus ~ need to be ~b~ed ~ S~ for en~ee~ re~ew~ ~o sets of ~te pl~n~ , shoed be subdued ~at show ~e ~a~g, Valley Water ~a~, ~&~pe, ~d fen~g plus for ~e D~ct proposed p~je~. ~ s~a~ ~off~om ~e proje~ ~ sh~ be round ~ the ~ e~s~g ~o~ ~.i. system on ~ Avenue, or ~ s~p~ated by ~e Ci~ of G~y E~ee~g Di~on. Sto~ water ~om ~e p~je~ site sh~ not be &s~ed ~ the ~inage ~nnel adjacent ~ the proje~ site. ~ew of the ~ site pl~ by the SC~ ~d ~e G~oy En~ee~g Dillon sh~ t~e place p~or to approv~ of ~~ ~d si~ renew. 5 P~or to the app~v~ o~ ~Mte~ ~d ~te Developer renew, ~e p~je~ apphc~t sha~ pro.de ~e Plug ~ion G~y pl.--ing Di~sion d~enta~on to sup~ ~e p~po~d pl~ for a lower n~ber of p~g spaces thz. is req~ed for a residen~ proje~ ~ ~iml]~ n~ber of r~ao-~-I ~ts. 6 ~e proje~ appU~t sh~ pm~e a sidew~' Developer G~oy on ~e we~ ~de of K~ Avenue a~oss ~e ~ee~ p~j~ ~te ~on~ ~d to ~e sou~ ~ co~e~ Div~ion ~ ~e e~g sidew~ lo.ted ne~ ~e M~tel~ D~v~ Avenue ~ters~on. ~e , de~ ~d l~on of ~s ~dewa~ sh~ be submi~ed ~ ~e Gfl~y En~ee~g Di~on p~or ~ the app~v~ of ~M~ ~d site EMC Planning Group Inc. Mitiga~_~ Monitoring Program Villa Esperanza Residential Facility Initial Study Mitigation Monitoring Checklist B Prior to issuance of a Building Permit, the following mitigation measures shall be implemented: A so~ ~ves~on s~ be pr~p~d for ~e ~v~oper G~oy proj~t by a q,~lif~d so~ ~r. ~e B~g r~o~fio~ of ~e so~ ~v~on s~ be Div~ion mco~omtefl ~to ~e ~ b~g p~ ~d ~a~ be reviewed ~d approv~ by ~e G~oy ~g Div~ion ~fior to hsu~ce of a ~e d~i~ ~d co~efion of ~ sto~ ~a~ Develop~ G~y ~prov~ se~g ~e propo~ project site ~ee~g s~ be provided by ~e project developer, ~d ~vsion wffi be subject to review ~d approval by ~e G~oy ~ee~g Div~ion prior to ~u~ce of a buffer pe~t. ~ese desi~ p~ ~ ~dude, but not be ~ted to: A. Paved are~ s~ be desired to ~e ~a~age ~at ~ ~eled to one l~a~on. Pa~way pav~g sha~ be poro~ ~ na~, wherev~ feasible. B. D~ge raffles sha~ be desired ~d ~ta~ed to co~t ~d ~po~ flows away ~om ~e s~e5 ~d b~d~gs ~d approved drayage s~c~. · C. Pmv~io~ for pe~°~e sw~g ~om driveways ~d p~g a~ on ~e proposed proj~t site sh~ be add~ss~. MMP-4 EMC Planning Group Inc. Villa Esperanza ResidenH~_! Facility Initial Study Mitigation Monitoring Program 4 The followin~ control measures shall be Developer Gilroy fncorporated into any permits issued for the Plannin§ proposed project: Division A. Water all active construction ~reas at least twice daily. B. Cover all trucks ha-]i-g soft, sand, and other loose materials or require all trucks to maine.in at least two feet of freeboard. C. Pave, apply water three times ~.ily, or apply non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; D. Sweep d~ily (wit~ water sweepers) all paved access roads, parking areas and staging areas at construckion sites. E. Sweep sweets dally (with water sweepers) if visible soil material is c~rried ont~ adjacent public sweets. i F. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more). G. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dir~, sand, etc.) H. Limit Waflic speeds on unpaved roads to 15 mph. L Install sandbags or other erosion control ' measures to prevent silt runoff to public roadways. J. Replant vegetation in distarbed areas as quleldy as possible. 7 The foLlowinl~ lan~'ua~e shall be included on any ' 'Develolver Gilroy permits issued for the pro}ect site, including, but Planning not limited to, building permits for the future Division development. "All noise generating construction activities shall be limited to weekdays between 7 Gilroy AM and 6 PM, and to weekends between $ AM Building , and 6 PM. Division EMC Planning Group Inc. MMP - ~ ~ Re~!de,~/Fa~fllty Initial Study Monitorin~ Program Due to the possibility that significant buried Developer Gilroy ~ltural resources dXight be found during Planning -,nstruction, the following language shall be Division u~cluded in any permits issued for the project site, including, but not limited to building permits for the/uture developmant, pursuant to the review and approval of the Gilroy Planning Division: "If archaeological resources or human remains are discovered durin$ construction, work shall be halted at a minimum of 200 feet from the find until it can be evaluated by a qualified professional archaeologist, tf the find i~ determined to be significant, appropriate mitigation measures shall be formulated and implemented." MMP-6 EMC Planning Group Inc. I, RHONDA PELL1N, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 98-3 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 17th day of February, 1998, at which meeting a quorum was present. 1N WITNESS WHEREOF, I have hereumo set my hand and affixed the Official Seal of the City ofGilroy this24th day of February, 1998, City Clerk of the City of Gilroy (Seal)