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Ordinance 2005-05 ORDINANCE NO. 2005-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN APPLICATION FOR A CHANGE IN ZONING DESIGNATION FROM M2 (GENERAL INDUSTRIAL) TO CM (COMMERCIAL INDUSTRIAL) ON APPROXIMATELY 6 ACRES LOCATED AT 6460 - 6490 CHESTNUT STREET, APN 841-15-069 WHEREAS, applicant Emsee Transportation Co. (c/o Mike Conrotto), submitted application Z 03-10 to change the zoning designation on property identified as APN 841-15-069 from M2 (General Industrial) to CM (Commercial Industrial) on approximately 6 acres located at 6460 - 6490 Chestnut Street; and WHEREAS, the Planning Commission held a duly noticed public hearing on January 6, 2005, at which time the Planning Commission considered the public testimony, the Staff Report dated December 27, 2004 ("Staff Report"), and all other documentation related to application Z 03-10; and WHEREAS, the Planning Commission continued its deliberation of application Z 03-10 at a duly noticed public meeting on February 3, 2005, at which time the Planning Commission recommended that the City Council adopt the proposed Negative Declaration for the project and approve said application; and WHEREAS, the City Council held a duly noticed public hearing on February 22,2005, at which time the City Council considered the public testimony, the Staff Report, a follow-up staff report dated February 8, 2005, and all other documentation related to application Z 03-10; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council on January 22, 2005, adopted a mitigated Negative Declaration for this project, finding that the Negative Declaration was completed in compliance with CEQA, that it reflects the 18B01650890.1 01-022405-04706089 -1- Ordinance No. 2005-05 independent judgment of the City, and that there is no substantial evidence in the record that the project as mitigated will have a significant effect on the environment; 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. SECTION I NOW, THEREFORE, THE CITY COUNCIL FINDS THAT: The proposed rezoning is substantially consistent with the land use designation on the City's General Plan Map and with the intent of the goals and policies of the General Plan document. There is no substantial evidence in the entire record that this project as mitigated will cause any significant environmental impacts. This project will not be detrimental to the public welfare or injurious to persons or property in the vicinity. Public utilities and infrastructure improvements needed in order to serve the proposed project are adjacent to the site. SECTION II Based on the above findings, Zoning application Z 03-10 is hereby approved subject to the mitigation measures set forth in the Negative Declaration attached hereto as Exhibit A, and to the Mitigation-Monitoring Program for this project, which is hereby adopted and attached hereto as Exhibit B, both attachments incorporated herein by this reference. SECTION III If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by any court 18B01650890.1 01-022405-04706089 -2- Ordinance No. 2005-05 of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. SECTION IV This Ordinance shall be in full force and effect thirty (30) days after the date of its passage and adoption. PASSED AND ADOPTED this 21 st day of March, 2005, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES, VALIQUETTE, VELASCO and PINHEIRO GARTMAN NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE APPROVED: ATTESI_ (2 ~~ ,,--,,' c-fA~-,~ ' Rhonda Pellin, City Clerk 18BOl650890 .1 01-022405-04706089 -3- Ordinance No. 2005-05 EXHIBIT A Community Development Department Planning Division MITIGATED. NEGATIVE. DECLARATION City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 (408) 846-0440 City File Number: Z 03-10 Proiect DescriDtion: Name of Project: Nature of Project: Emsee Transportation Company Zone Change Zone change from M2, General Industrial to eM, Commercial Industrial to allow existing and future tenants to offer commercial sales. Proiect Location: Location: The project site is located at the south end of the City of Gilroy at 6460 to 6490 South Chestnut Street. Assessor's Parcel Numbers: 841-15-069 Entity or Person Undertakine: Proiect: Name: Address: Emsee Transportation Company 6478 South Chestnut Street, Suite lA, Gilroy, CA 95020 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 Department, 7351 Rosanna Street, Gilroy, CA 95020. Emsee Transportation Company Lone Change Draft Mitigated Negative Declaration 2 11/15/04 Findin2s & 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: 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. 4. City staff independently reviewed the Initial Study, and this Negative Declaration reflects the independent judgment of the City of Gilroy. Miti2ation Measures: 1. Subject to review and approval by the City of Gilroy, the applicant shall design and construct a traffic signal at the Chestnut Street/Luchessa Avenue intersection prior to occupancy of any new commercial uses at the project site. 2. Subject to review and approval by the City of Gilroy, the applicant shall construct a sidewalk on the discontinuous portions along the east side of Chestnut Street in front of the project, as part of future development proposals at the project site. This shall occur prior to operation of any future commercial uses at the project site. 3. The applicant shall provide bicycle lockers at the project site prior to operation of any future commercial uses at the project site_ Date Prepared: November 19, 2004 End of Review Period: December 20, 2004 Date Adopted by City Council: William F aus Planning Division Manager EXHIBIT B Emsee Transportation Company Zone Change Mitigation Monitoring Program Introduction CEQA Guidelines Section 15097 requires public agencies to adopt reporting or monitoring programs whenever they approve projects subject to an environmental impact report or mitigated 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. This 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 effectiveness of the mitigation measures. A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measures 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 project mitigated negative declaration. These mitigation measures are designed to eliminate or reduce significant adverse environmental effects to less than significant levels. These mitigation measures become conditions of project approval, which the project proponent is required to complete during 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 mitigated negative declaration. Monitoring Program Procedures The City of Gilroy shall use the attached monitoring checklist for the proposed project. The monitoring program should be implemented as follows: 1. The City of Gilroy Community Development Department should be responsible for coordination of the monitoring program, including the monitoring checklist. The Community Development Department should be responsible for completing the monitoring checklist and distributing the . . checklist to the responsible individuals or agencies for use in monitoring the mitigation measures. 2_ Each responsible individual or agency will then be responsible for . nQ~i~rminlflg_whethertb_~ mitig?ti()n-'!l~?~LJI"~~_c;ont?jlJ~<lin the ffiQl'litC)[ing__ 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 Community Development Department 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 Community Development Department. 3. The City of Gilroy Community Development Department will review the checklist to ensure that appropriate mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with at the appropriate time, e.g. prior to issuance of a use permit, etc. Compliance with mitigation measures is required for project approvals. 4. If a responsible individual or agency determined that non-compliance has occurred, a written notice should be delivered by certified mail to the project proponent within ten days, with a copy to the Community Development Department, describing the non-compliance and requiring compliance within a specified period of time. If non-compliance still 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. Emsee Transportation Company Zone Change Mitigation Monitoring Checklist Step 1. Prior to operation of any commercial uses at the project site, the f6I1owih~fh1itigation measures shall be implemented: 1. Subject to review and approval by the City of Gilroy, the applicant shall design and construct a traffic signal at the Chestnut StreeULuchessa Avenue intersection prior to occupancy of any new commercial uses at the project site. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division 2. Subject to review and approval by the City of Gilroy, the applicant shall construct a sidewalk on the discontinuous portions along the east side of Chestnut Street in front of the project, as part of future development proposals at the project site. This shall occur prior to operation of any future commercial uses at the project site. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division 3. The applicant shall provide bicycle lockers at the project site prior to operation of any future commercial uses at the project site. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2005-05 is an original ordinance, or a true and correct copy of a city ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 21st day of March, 2005, at which meeting a quorum was present, and has been published or posted pursuant to law. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 31 st day of March, 2005. ~ f..j , VJ1..a&- y~~c~ City Clerk of the City of Gilroy (Seal)