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Ordinance 1999-15ORDINANCE NO. 99-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN APPLICATION FOR A CHANGE IN THE ZONING DESIGNATION FROM R1, SINGLE FAMILY RESIDENTIAL, TO R1-PUD, SINGLE FAMILY RESIDENTIAL- PLANNED UNIT DEVELOPMENT, ON APPROXIMATELY 1.45 ACRES, APN 790-14-001 WHEREAS, Custom One, Inc. ("Applicant") submitted application Z99-02 requesting to change the zo~fing designation on property identified as APN 790-14-001 from R1 (Single Family Residential) to RI-PUD (Single Fmnily - Planned Unit Development) mad consisting of approximately 1.45 acres; and WHEREAS, the property affected by Z99-02 is located at 9095 Monterey Road, south of Las Animas Avenue, such land being indicated on the map attached hereto as Exhibit A; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Negative Declaration, along with a Mitigation/Monitoring program, was adopted by the City Council on February 13, 1996, which included this project in connection with a general plan amendment application; and WHEREAS, the Planning Commission reviewed application Z99-02 at its duly noticed public hearing on July 29, 1999, and recommended that the City Council approve application Z99- 02; and WHEREAS, the City Council held a duly noticed public hearing on August 2, 1999, at which time the City Council considered the public testimony, the Staff Report dated July 15, 1999, and all other documentation related to application Z99-02; and 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. \KHM\453261.01 - 1 - ORDINANCE NO. 99-15 96-081104706002 NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council hereby finds that 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 July 15, 1999. B. The City Council hereby finds that this project will not be detrimental to the public welfare or injurious to persons or property in the vicinity. C. There is no substantial evidence in the record that this project will have a significant effect on the environment. D. The City Council finds that application Z99-02 should be and hereby is approved, subject to mitigation measures set forth in the Negative Declaration and the Mitigation;Monitoring Progl'm~, attached hereto as Exhibit B and incorporated herein by this reference. PASSED AND ADOPTED this 20~ day of September, 1999 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Rhonda Pellin, _City Clerk ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL, GILROY NONE NONE APPROVED: K. A. Mike Gilroy, Mayor \KHM~453261.01 - 2 - ORDiNANCE NO. 99-15 96481104706002 G I L R Y No Scale ii I' Source: Cali£ornia Sb~e Au~omobi]e A-ssocia~ion lanning Department NEGATIVE DECLARATION City of Gikoy 7351 Rosanna St. Gilroy, CA 95020 (408) 848-0440 City File Number: GPA 95-03 project Descrintion: Name of Project: Nature of Project: Center for Employment Training General Plan Amendment Request to change the General Plan designation of a 1.45 acre site from Low Density Residential to Medium Density Residential, and perform design review ofapmtments to be constructed at this site. Project Location: Location: 9095. Monterey Road, South of Las Animas Avenue Assessoi's Parcel Number: 790-14-001 Entity_ or Person(s) Undertakin_~ Project: NalIle; Address: Center for Employment Training 701 Vine Street, San Jose, CA 95110 Initial Study: 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 Depmtment, 7351 Rosanna 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 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. Preliminary Neg. Dec./GPA 95-03 Page 2 12/19/95 The proposed project is consistent with the adopted goals and poficies of the General Plan of the City of Gilroy. The Initial Study was independently reviewed by City staff, and this Negative Declaration reflects the independent judgement of the City of Gilroy. Mitigation Measures: The project shall be designed in accordance with earthquake design regulations of the Uniform Building Code, subject to the review and approval of the City Building Division: A soils investigation shall be prepared for the project by a qualified soils engineer. The recommendations of the soil investigation shall be incorporated into the final improvement plans and shall be reviewed and incorporated into the final improvement plans and shall be reviewed and approved by the City Engineering Division prior to approval of the final map. The purposes of the soils investigation are to determine the exact soil characteristics and limitations on the site, and to recommend appropriate engineering specifications for development of the site. 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. These design plans shall include, but not be limited to: 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. Pav~,d 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. 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. Developers shall pay the appropriate storm drain development fees, subject to review by the City Engineering Division, prior to building permit issuance. Preliminary Neg. Dec./GPA 95-03 Page 3 12/19/95 Redesign the site plan to eliminate the northern driveway. Alternatively, the northern driveway shall be restricted for inbound fight turns only. The redesigned site plan shall be submitted to the city for review and approval by the City Engineering Division and the City Fire Department, prior to approval of the site plan. For exterior noise control, the developer shall construct 10 foot high acoustically-effective patio fences at the sides of patios that have a dkect or side view of Monterey Road and that are within 83 feet of the centerline of the roadway. Patios between 83 feet and 179 feet of the centerline of the road, with a direct or side view of the road, require 8 foot high fences. All other patios that have a dkect or side view of the roadway require six foot high acoustically-effective fences. The fence heights are in reference to the nearest patio pad elevation. To achieve an acoustically-effective property line barrier or patio fence, k must be made ak-tight, i.e., without cracks, gaps, or other openings and must provide for long-term durability. The barrier shall be identified on the final map and included in the final improvement plans. They shall be subject to review and approval by the City Planning Division prior to approval of the final map. For interior noise control, all windows within 315 feet of the centerline of Monterey Road, and with a direct or side view of the roadway, shall remain closed at all times. W'mdows within 113 feet of the centerline of the road shall have windows'rate minimum Sound Transmission Class (STC) 33. Windows between 113 feet and 179 feet of the centerline of the road, require windows rated minimum STC 28. All other windows of the project, including bathroom windows, may have any type of glass. Alternatively, the STC 28 windows specified above to be maintained closed may be kept open 50 percent of the time for natural ventilation, however, they must be fitted with windows rated minimum STC 37. When windows are maintained closed for noise control, some type of mechanical ventilation to assure a habitable environment should be provided. The mechanical ventilation requirements are specified by the Uniform Building Code. The windows specified to be maintained closed are to be operable, as the requirement does not imply a "fixed" condition. All other windows and all bathroom windows may have any type of glazing and may be kept opened as desked unless the bathroom is an integral part of a living space without a closable door, such as is sometimes found in a master bedroom suite. Prior to development of the site, the developer shall pay required City of CJikoy Public Safety impact fees. Preliminary Neg. Dec./GPA 95-03 Page 4 12/19/95 10. 12. 13. 14. The developer shall provide statutory impact fees to the Gilroy Unified School District prior to issuance of a building permit. Prior to development of the site, the developer shall pay required City of Gilroy Parks and Recreation impact fees. All on-site wells shall be permanently capped in compliance with the standards set forth by the Santa Clara Valley Water District and the City Engineering Division prior to the issuance of a building permit. The design of all sewer line improvements serving the project site shall be provided by the developer, subject to the review and approval of the City Engineerkug Division. The design of all storm drainage improvements serving the project site shall be provided by the developer, subject to the review and approval of the City Engineering Division. If archeological resources or human remains are discovered during construction, work shall be halted within 50 meters (150 feet) of the find until k can be evaluated by a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. This wording shall be incorporated into any permits issued for construction of the proposed project. Date Prepared: December 19, 1995 End of Review Period: February 13, 1996 Date Approved By City Council: W'flHamFaus, Plarmerl]I Appendix C Mitigation Monitoring Program Center for Employment Training Initial Study Center for Employment Training Initial Study Mitigation Monitoring Program Introduction On January 1, 1989, the California State Legislature passed into law Assembly Bill 3180. This bill requires public agencies to adopt reporting or monitoring programs when they approve projects subject to an environmental impact report or a negative declaration that includes mitigation measures to avoid significant adverse environmental effects. The reporting or monitoring program is to be designed to ensure compliance with conditions of project approval during project implementation in order to avoid significant adverse environmental effects. The law was passed in response to historic non-implementation of mitigation measures presented in environmental documents and subsequently adopted as conditions of project approval. In addition, monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures. A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measure's compliance. This monitoring program is designed to provide a mechanism to ensure that mitigation measures and subsequent conditions of project approval are implemented. Monitoring Program The basis for this monitoring program is the mitigation measures included in the initial study. These mitigation measures are designed to eliminate or reduce signifi- cant adverse environmental effects to levels of insignificance. These mitigation mea- sures become conditions of project approval which the applicant is required to complete before, dudng, and after implementation of the proposed project. The attached checklist is proposed for monitoring the implementation of the mitigation measures. This monitoring checklist contains all appropriate mitigation measures in the initial study. Center for Employment Training Initial Study Monitoring Program Procedures It is recommended that the City of Gilroy utilize the attached monitoring checklist for the proposed project. The monitoring program should be implemented as follows: The City of Gilmy Planning Division should be responsible for coordination of the monitoring program, including the monitoring checklist. The Planning Division should be responsible for completing the monitoring checklist and distributing the checklist to the responsible individuals or agencies for their use in monitoring the mitigation measures. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring checklist have been complied with. Once all mitigation measures have been complied with, the responsible individual or agency should submit a copy of the monitoring checklist to the City of Gilroy Planning Division to be placed in the project file. If the mitigation measure has not been complied with, the monitoring checklist should not be returned to the Planning Division. Prior to issuance of an occupancy permit, the Planning Division should review the monitoring checklist to ensure that all mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with. An occupancy permit should not be issued until all mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with. If a responsible individual or agency determines that a non-compliance has occurred, a wdtten notice should be delivered by certified mail to the project proponent within 10 days, with a copy to the Planning Division, describing the non-compliance and requiting compliance within a specified pedod of time. If a non-compliance still exists at the expiration of the specified pedod of time, construction may be halted and fines may be imposed at the discretion of the City of Gilroy. Mitigation Monitoring Program MITIGATION MONITORING PROGRAM CHECKLIST Center for Employment Training (GPA95-03 and Z95-08) Initial Study Prior to recordation of the Final Subdivision Map, the following mitigation measures shall be implemented: Party Responsible Party Responsible for Mitigation Nature of Mitigation for Implementation Number Monitoring 2 Conduct soils investigation Developer City Engineering Division 3 Design storm drain improvements Developer City Engineering Division 5 Redesign site plan to eliminate Developer City Engineering Division & northern driveway City Fire Department 6 Design acoustically-effective Developer City Planning Division barrier as required by the noise study in accordance with existing 7 ~8~Cr~ise control specifications Developer City Planning Division 12 Design sewer line improvements Developer City Engineering Division 13 Design storm drainage Developer City Engineering Division improvements MITIGATION MONITORING PROGRAM CHECKLIST Center for Employment Training (GPA95-03 and Z95-08) Initial Study Prior to issuance of a Building Permit, the following mitigations shall be implemented: Party Responsible Mitigation Nature of Mitigation for Implementation Party Responsible for Number Monitorin.q 1 Development designed Jn Developer City Building Division accordance with earthquake design regulations 4 Pay storm drain development fees Developer City Engineering Division 8 Pay required public safety fees Developer City Planning Division 9 Pay statutory impact fees to Developer ! City Planning Division schoot distdct 10 Pay required parks and recreation Developer City Planning Division impact fees 11 Cap on-site well Developer City Engineering Division 14 Include archaeologicaJ resources Developer City Planning Division language on all construction plans I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 99-15 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 20th day of September, 1999, 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 22nd day of September, 1999. (Seal)