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Ordinance 2000-12ORDINANCE NO. 2000-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF GILROY APPROVING AN APPLICATION FOR A CHANGE IN THE ZONING DESIGNATION FROM R1/R2, SINGLE FAMILY/TWO FAMILY RESIDENTIAL, TO R1/R2-PUD, SINGLE FAMILY/TWO FAMILY RESIDENTIAL-PLANNED UNIT DEVELOPMENT, ON APPROXIMATELY 1.68 ACRES, APN 841-07-035 WHEREAS, Alfonso Almeida, the applicant, submitted application Z00-02 requesting to change the zoning designation on property identified as APN 841-07-035 from R1/R2, (Single Family/Two Family Residential) to RlW,2-PUD (Single Family/Two Family Residential - Planned Unit Development) and consisting of approximately 1.68 acres; and WHEREAS, the property affected by Z00-02 is located at the southeast comer of Lewis Street and Rogers Lane; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Mitigated Negative Declaration with eleven (11) mitigation measures was properly circulated in conjunction with this application; and WHEREAS, the Planning Commission reviewed application Z00-02 at its duly noticed punic hearing on August 3, 2000, and recommended that the City Council adopt the mitigated Negative Declaration and approve application Z00-02; and WHEREAS, the City Council held a duly noticed public hearing on August 7, 2000, at which time the City Council considered the public testimony, the Revised Staff Report dated July 21, 2000, and all other documentation related to application Z00-02; and WHEREAS, thereafter the City Council adopted the Mitigated Negative Declaration for this project, finding that it was completed in compliance with CEQA, that it reflected the independent judgment of the City, and that there is no substantial evidence in the record that the project will have a significant effect on the environment; and ~GM8~490028.1 01~)81604706D02 - 1- Ordinance No. 2000-12 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, 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 Revised Staff Report dated July 21, 2000. 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. The City Council finds that application Z00-02 should be and hereby is approved, subject to the eleven (11) mitigation measures set forth in the Negative Declaration, and the City Council hereby adopts said mitigation measures and the Mitigation/Monitoring Program, attached hereto as Exhibit A and incorporated herein by this reference. PASSED AND ADOPTED this 18th day of September, 2000 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCIZMEMBERS: ABSENT: COUNCILMEMBERS: Rhohdh Peltin, City Clerk G. ARELLANO, P. ARELLANO, MORALES, P1NHEIRO, SUDOL, VELASCO, SPRINGER NONE NONE APPROVED: Thomas W. Springer, Max IGMB\490028A 01q)81604706002 -2- Ordinance No. 2000-12 ..~ . 08/22/2000 12:52 408846(. CITY OF GILROY~HU PAGE 0~ Community Development Department Planning Division Negative Declaration City Ih'lc Number: TM 99-0~ City of G/key 7351 Rosanna St. Gilroy, CA 95020 (408) 848-0440 Project Deserigfion Name of Project: Nature of Project: Almeida Subdivision (by Alfonso Almeida) Subdivision of 1.68 aca~ into seven (7) residential Biz. Build-out of the propes~ subdivision would result in the construction of eight (8) duplex units on four (4) lots. (Each of the other three (~) lots would accommodate one existing single- family mt.) This development also entails the constmotion of a private street, sidewall utility, sound wall, and other improvements on and offofthe ~ite. Proieet Location Locat/on: .. Assessor's Parcel #: SE comer of Rogers Lane and. Lewis Street 8~7-07-035 Entity or Per~on(s) Undertaking Proiect Ntu~e: Address: .Mr. Alfonso Aleida 10290 Silva Circ!e, Gilroy, CA 95020 Initial Study An Initial Study of this project was undertaken and prepared for tile 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 Rosmma ~treet, Gilroy CA 95020. Findin~z & Reasons The Initial Study idmtified potentially significant effects on *.he enviroment. However, this project bas 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 evid~r~e the project may have a significant effe~ on the enviroment. The following reasons will support thee findings: 1. · The proposal is a logical component of the existing land me of this area~ 2. Identified a~ver~e impacts will be mitigated through preparation of special studies, as'Well as through construction of et% and on-site improvements. 3: The propos~ project is con~istent with the adopted ~oals and poticies of the Gilroy C-metal Plan. 4. The Initial Study was reviewed by City staff, and th/s Negative Daclaratinn reflects the independem · judgemmt of the City of Oilroy. 08/22/2000 12:52 408846~ CITY OF GTLRO¥ ~i~HU Dr~ Ncs~t~ D~l~a~on F~e: ~ 99~5 2 Mitigation PAGE 4~5~0 The following will be incorporated into any permits with development of the project site, subject to reviaw and approval by the City of Gilrey Building, Life and Environmental Safety Division and the Engineer Division: a) Water all active construction areas twice daily. b) Cover all trucks hauling soil, sand and other loose materials or require all trucks to maintain at least two feet of freeboard. 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 all paved access roads, parking areas and staging areas at construction sites. Sweep streets daily if visible soil material is carried onto adjacent public streets. Due to the possibility that significant buded cultural resources might be found during construction, the following language shall be included [n all permits issued for the project site, including, but not limited to building permits for the future development, pursuant to the review and approval of the City Planning Division: ' If archaeological resources or human remains are discovered during construction, work shall be halted at minimum of 200 feet from the find and the area shall be staked off. The project developer shall notify the coroner or the Director of the Archaeological Regional Reseamh Center. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. A 13-foot high no[se barrier shail be constructed on the east side of lots 7 and 8. The noise barrier shall be constructed of any dense material such as concrete blocks or masonry. Other materials may be acceptable if approved by an acoustical consultant. The noise barrier shall be continuous without gaps or openings. A noise barrier shall be constructed on the south side of proposed lots 5 and 7 per the recommendations of the noise report. Said wall shall range from 13 feet in height at its eastern terminus to slx feet in height at its westerly terminus. A noise barrier shall be constructed on the north side of proposed lots 6 and 8 per the recommendations of the noise report. Said wa'Il shall range from 13 feet irt height at its eastern terminus to six feet in height at its westedy terminus. Mechanical ventilation or air conditioning ahourd be installed so windows and doors may remain closed to provide for the necessary acoustical insulation. Windows should be carefully installed, sealed and caulked so that there are no openings between the window assembly and wail. CITY OF GllJ~OY P~OE 86 4~5~0 Exterior door% excluding glass doors, should be solid-core wood with per'meter weather-stripping and threshold seals, 11. If two-story homes are proposed, an acoustical analysis of construction plans should be conducted to demonstrate compliance with the City's interior noise level standard, Monday through Friday, work which creates noise that is audible off tlie site shall not commence prior to 0700 hours and shall not occur on the site after 1900 hours. On Saturdays and holidays recognized by the City of gilroyl work which creates noise that is audible off the site shall not commence prior to 0900 hours and shall not occur after 1900 hou~'s, No work on the site shal occur on Sundays, Da~l:'mpared: ~pril 5, 2000 Bad of Review Period: Date Approved By City Coui~it: William Finis, Planning Division Manager ,08/22/2000 12:52 40884fi~cJ Almeida Residential Minor Subdivision Mitigation Monitoring Program Introduction On January 1, t989, the California State Legislature p .a, ssed into law Assembly Bill 3180. This bill requires public agencies to adopt reporhng or monitoring programs when they approve projects subject to an environmental im, pact report or a negative declaration thai includes mitigation measures to avoid significant adverse environmental effects. The reporting or mbnitoring program is to be designed to ensure compliance with conditions or project approval during project implementation in order to avoid s!gnificant adverse environmental effects identified in the environmental ~ewew process. This m?nitoringl program is designed to provide a mechanism to ensure that mitigsbon measures and subsequent conditions of project approval are implemented. Monitoring Program The bases for this monitoring program are the mitigation measures' inctLl~red in the initial study/negative declaration. These mitigation measures are designed to eliminate or reduce significah,t adverse environmental effects to level? of, insignificance: These mitigabon measures become conditions of project approval, which the prole~ proponent is required to complete dunng and affer implementation of the proposed project. The attached checklist is.proposed, for monit.,oring the implementation of the mt gat on measures. Th s mon tonng checkhst contains all appropriate mitigation measures in the initial study/negative declaration. Monitoring Program Procedures It is required that the City of, Gilroy use the attached monitoring checklist for the proposed projeCt. The monitoring program should be implemented as follows: 1. The City of Gilroy Planning Division should be responsible for coordination of the monitoring program, including the monitoring checklist. The Planning Division should be resp&nsible f,o,r comp. le, ting the monitoring checklist and distributing the checkhst to the =respons hie indlv duals or agencies for their use ih monitoring the mitigation measures. 2. Each responsible individual or agency will then be responsible for determining whether the mitigation measures conta ned n the monitoring checklist have been implem.e.n, ted. On-ce all mitigation measures have been complied with, the responsible i~d~wdual or agenc~ should submit a copy of the monitoring checklist to the C~ty of Gilroy Planmng Division to be placed in the proj.ect ~e, If a mitigation measure has net been complied with, the monitoring checkhst should not be returned to the Planning Division. Golden State Planning and Estvir~nmental Consulting · ,0~722/~000 ~2:52 408~4~ CTTV OF ~ILRO¥ Mi~g~ion Mon~ring l~ogratn ~4ltn~idtt Subdivision ~nlt~d ~tudy 3. Before issuance of ani occupancy permit, the Planning Division should review the checldist to ensure that a~l[ mitigation measures and act(:$itionel conditions of project approval incl, uded in ~he monitoring checklist h,a. ve been im lemented An occupancy permit ShOUld not~ be ssued unti~ all miti,~ ....... ? J --: , ~atlon ,, ,~.-,-~ures ana aoaiziona conditions of project approve included in the monitoring checklist have been implemented. ' 4. ifa responsible individual or agency determines that a.non-compliance has occurred, a written notice should be delivered by certified mall to the project proponent within 10 days, wi~h a copy to the P arming Division, describin the non- compliance a,n,d requiring compliance w thin a spe,c, ified P,~riod of time. I~; non- compliance st~ll exists at the expiration of the specified period of time, construction may be halted and fines may be imposed at the discretion of the City of Gilroy. P&GE 88 Gol~a Start Pl~t~ ~tt ~,~ g and Env~ro nrn~ntai consulgtng 05?22/2000 CITY OF ~ILRDY M~i~wiio~Mo~ilori~g.pro~ra~ Mitigation Monitoring Checklist A The following mitigation measures shall be Indicated on the Final Parcel Map. Mitigation Mitigation Number A 13-foot high noise ~3arrier shall stnJcted on the east side of 8, The noise barrier constructed of any dense material such as c~ncrete bl~cks ~or masonry. Other materials may [be acceplable jf approved by an acoustical consultant. The noise barrier shall be Continuous without 9ape or openings. 'A noJse, barrier sllall be constructed on the south side of proposed lots 5 and 7 per the recommendations of Ihe noise report. ,.Raid wall shall range from ~3 feet in height at its eastern terminus to six feet in height at ite westerly ten'ninus. A noise barrier shall be Constructed on the north side of proposed lots 6 and 8 per the .recommendations of the noise report. Said wall shall range from 1:3 feet in height at Its castem terminus to six feet in height at Its Westerly terminus, Mechanical ventilation or air cOnditioning should be installe~ so windows and doors may remain closed to provide for the necessary a~ouetical Inautetloo. VVindews should ~e carefu h/ in~telled, sealed and caulked so that the~e are no openings between the window assembly and wall. Exterior doors, excJuding glass doom, shotJId be solid-core wood with . perimeter weather-stripping and threshold seals. Party Pa -- Responsible for ResponL~sl~.le for Implementation Monitoring Applicant C~ty Planning and Engineering Division Applicant ,~lty Planning and Division Applicant City Planning end Engineering Division Applicant City Planning and ' Engineering Divie/on Applicant C~ Planning and Engfneering Division Applicant City Planning and Engineering Division M~gation ~o~i~oring ~rogra~]~ OITY OF GILROY PAGE 10 ,~rr~a~ Sabdivislo# ~,,~,~ $~dy !f two-.~tory homes are proposed an acoustical ana ys s of constrtletlon plans sllould be conducited to demonstrate compliance with the City's interior noise level standard Applicant City Planning and FnglneerJng Division Mitigation Monitoring Checklist El The following mitigation measurea ahall be applicable to the project during the construction phase and shall be printed on the approved grading and construction plans. Mitigation Mitigation Party Party Number Responsible for Responsible for Implementation Monitoring ........ 1 The feliowing will be incorporated .... Co~trector City Planning Into any permits with development Division of the pi'oject site, subject to review and approveJ by the City of G~lroy Buildings, Life and Environmental SafetyDivision and the Engineer ONision: a) Water ail active const~uetion areas twice daily. b) Cover all trucks hauling soil, sand and otller lOose materiels or require all trucks to maintain at least two feet of freeboard. c) PaVe, apply wafer three times daily, or apply (nan-toxic) soil stabilizers on ail unpaved access roads, parking areas and~ sfeglng areas at construction sites. d) Sweep dally ail paved access roa~Jls, parking areas and staging areas at construction sites. e) Sweep streets daily E visible soil. material is carried onto adjacent public streets. 2 Due tO the possibility that Contractor Clt~ Planning significant buried cultural resources uivision might be found during construction, the following language shall be~ included in all permits issued for' the proJect site, inoluding, but not limited to building permits for the future development, pursuant to . the review andapproval of the City Planning Division: II I! MMP~ C~olden State Planning and Etrvironmentul Consulting · 12:52 40884G~Ii~.9 CITY OF GILROY PAGE 11 Mltlgntloe Mon~rlng PrO. am If ar~hee~c~;~al re$oul~,e~ or human remains are dl,~overed ~ring con~ion, ~ 8hall ~ ~d at ml~mum of 200 ~t ~m the find end ~o a~a sh~l ~ etake~ o~ ~o p~ developer shoe nob~ ~e co.er or ~e ~l~clor of the ~ha~gical Hegional R~oa~h Center. If the find is ~ete~in~ to be signfficant, app~pdate mitigation measures ehall be ~ulafed an~ Implement. Mon~ ~rough Fdday, '~ Con,actor Ci~ Planning ~lch ~ noise that is audible Dlvis~n Off ~e s~e shall not commen~ b~om 0700 houm ~d shalJ not 0~ur on ~e site a~r 1900 houm. On ~aturda~ and "holidays ContinUer Ci~ Planning ~e~gni~d by ~e Ci~ ~ GIIroy, Division Work which ~ea~s noise ~at Is audible off tho si~ shall not c~mmen~ pdor to 0900 houm and ~all not ~r after 1900 houm. No wo~ on ~e site shall oc~r on Sundays. Golden State Planning and £nWzc, iimental Consul#ag, MMP-5 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2000-12 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 18th day of September, 2000, at which meeting a quorum was present. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 4th day of October, 2000. City (~lerk of the City of Gilroy (Seal)