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Ordinance 2005-11 ORDINANCE NO. 2005-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN APPLICATION FOR A CHANGE IN ZONING DESIGNATION FROM C3 (SHOPPING CENTER COMMERCIAL) TO PO I R3 PUD (PROFESSIONAL OFFICEI MEDIUM DENSITY RESIDENTIAL - PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 7.1 ACRES LOCATED AT MONTEREY STREET, APNs 799-33-045,AND -047 WHEREAS, the James Group c/o James Suner submitted application Z 04-09 to change the zoning designation from C3 (Shopping Center Commercial) to POI R3 PUD (Professional Office/Medium Density Residential- Planned Unit Development) on approximately 7.1 acres located at Monterey Street, APNs 799-33-045 and -047, immediately south of the Platinum Theatres, in order to build fifteen (15) professional-office units, twenty-five (25) live work- housing units and seventy-five (75) attached single-family residences, ("the Project"); and WHEREAS, the Planning Commission held a duly noticed public hearing on May 5, 2005, at which time the Planning Commission considered the public testimony, the Staff Report, and all other documentation related to application Z 04-09, and recommended that the City Council adopt the mitigated Negative Declaration prepared for the Project and approve said application; and WHEREAS, the City Council held a duly noticed public hearing on May 16, 2005, at which time the City Council considered the public testimony, the Staff Report dated May 10, 2005, and other documentation related to application Z 04-09; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council on May 16,2005, adopted the mitigated Negative Declaration for the project; and leT A 1659087.2 052305-04706089 -1- Ordinance No. 2005-11 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 surrounding land uses and with the intent of the goals and policies of the General Plan and the land use designation, as amended by GPA 04-03. There is no substantial evidence in the entire record that the Project with the adopted mitigation measures will cause any significant environmental impacts. The Project with the adopted mitigation measures will not be detrimental to the public welfare or injurious to persons or property in the vicinity. SECTION II Based on the above findings, Zoning application Z 04-09 is hereby approved subject to the mitigation measures set forth in the mitigated Negative Declaration and to the Mitigation- Monitoring Program, attached hereto as Exhibit A. 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 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. leT A 1659087.2 052305-04706089 -2- Ordinance No. 2005-11 SECTION IV This Ordinance shall become effective thirty (30) days after its adoption, provided that Resolution No. 2005-37 approving GP A 04-03 becomes effective. If said Resolution does not take effect, then Z 04-09, without any further action required by the City Council, is denied, and this Ordinance has no further force and effect. PASSED AND ADOPTED this 13th day of June, 2005, by the following vote: AYES: COUNCIL MEMBERS: CORREA, DILLON, GARTMAN, MORALES, V ALIQUETTE, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VELASCO . A TTEJ __- ~J{.fKd^- \t1--Lu~. t;. "'\, Rhonda Pellin, City Clerk leT A 1659087.2 052305-04706089 -3- Ordinance No. 2005-11 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: GPA-04-03 & Z-04-09 Project Description: Name of Project Eleventh Street Commons/James Suner General Plan Amendment and Zone Change Nature of Project: General Plan Amendment and Zone Change Project location: location: The project site is located just outside of downtown Gilroy immediately south of the Platinum Theatres. Surrounding land uses include the Platinum Theatre and parking lot located north of the project site; residential uses along london Place located south of the project site; residential uses along Garden Court located west of the project site; and commercial uses along Monterey Street located east of the project site. Assessor's Parcel Numbers: 799-33-045 and 799-33-047 Entity or Person(s) Undertaking Project: Name: Address: The James Group 7436 Monterey Street, Gilroy, CA 95020 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 Department, 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: 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. Eleventh Street Commons/Jame~ .Juner General Plan Amendment and Zone Change Mitigated Negative Declaration 3 3/21/2005 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. Mitigation Measures: The following mitigation measures shall be implemented prior to issuance of a grading permit: 1. The project applicant shall specify project plans the implementation of the following dust control measures during grading and construction activities for the proposed project. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Engineering and Building Division. The following measures shall be implemented at all construction sites: . Water all active construction areas at least twice daily; . Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; . 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; . Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at construction sites; and . Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. Eleventh Street Commons/James .:>uner General Plan Amendment and Zone Change Mitigated Negative Declaration 4 3/21/2005 The following additional measures shall be implemented at construction sites greater than four acres in area: . Hydroseed or apply (non-toxic) soil stabilizers to inactive construction sites (previously graded areas inactive for ten days or more); . Enclose, cover, water twice daily or apply (non toxic) soil binders to exposed stockpiles (dirt, sand, etc.); . Limit traffic speeds on unpaved roads to 15 miles per hour (mph); . Install sandbags or other erosion control measures to prevent silt runoff to public roadways; . Replant vegetation in disturbed areas as quickly as possible. The following measures may be implemented at construction sites that are very large or are located near sensitive receptors: . Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; . Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; . Limit the area subject to excavation, grading and other construction activity at anyone time. Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Building & Engineering Divisions 2. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities on the project site, field surveys shall be conducted by a qualified biologist to determine if burrowing owls are present in the construction zone or within 200 feet of the construction zone. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed Eleventh Street Commons/Jame:> -,uner General Plan Amendment and Zone Change Mitigated Negative Declaration 5 3/21/2005 from the project site. These surveys shall be required only if any construction would occur during the nesting and/or breeding season of burrowing owls (February 1 through August 31) and/or during the winter residency period (December 1 through January 31). If active nests are found in the survey area, a burrowing owl habitat mitigation plan shall be submitted to the California Department of Fish and Game for review and approval. The burrowing owl habitat mitigation plan shall contain mitigation measures outlined in the California Department of Fish and Game Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game 1995). Compliance with this mitigation measure may include, but not be limited to, the following: . Avoidance of occupied burrows during the nesting season (February 1 through August 31); . Acquisition, protection and funding for long-term management and monitoring of foraging habitat adjacent to occupied habitat; . Enhancement of existing burrows and/or creation of new burrows; . Passive relocation of burrowing owls. Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Planning Division 3. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included on any permits issued for the project site, including, but not limited to building permits for future development, subject to the review and approval of the Gilroy Planning Division: If archaeological resources or human resources are discovered during construction, work shall be halted within 50 meters (150 feet) of the find until a qualified professional archaeologist Eleventh Street Commons/James )uner General Plan Amendment and Zone Change Mitigated Negative Declaration 6 3/21/2005 can evaluate it. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented (Gilroy General Plan Policy 5.07). Party responsible for implementation: Party responsible for monitoring: Applicant Gi'lroy Planning Division 4. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA guidelines section 15064.5(e), subject to the review and approval of the Gilroy Planning Division: If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendant (MlD) from the deceased Native American. The MlD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided for in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MlD or the MlD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. Eleventh Street Commons/Jame~ ..)uner General Plan Amendment and Zone Change Mitigated Negative Declaration 7 3/21/2005 Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Planning Division 5. The project applicant shall submit a soils investigation prepared by a qualified soils engineer prior to development of the project site. The soils investigation shall address site preparation and foundation design. Recommendations of the soils investigation shall be incorporated into the final building plans subject to review and approval by the Gilroy Building and Engineering Divisions. Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Building & Engineering Divisions 6. In accordance with Santa Clara Valley Water District Ordinance 82-3, the applicant shall obtain a permit from the SCVWD's Community Projects Review Unit for grading and construction activities within fifty feet of the Princevalle drainage channel. The permit shall be subject to review and approval by the Gilroy Engineering Division. Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Engineering Division 7. The applicant shall submit a Notice of Intent (NOI), detailed engineering designs, and a storm water pollution prevention program (SWPPP) to the Central Coast RWQCB to obtain a NPDES General Construction Permit prior to any grading or construction activities at the project site. This permit shall require implementation of an approved SWPPP that uses storm water "Best Management Practices" to control runoff, erosion, and sedimentation from the project site. The applicant shall also incorporate post-construction water quality mitigation measures into final improvement plans for the proposed project. A maintenance plan shall be developed by the applicant for those post-construction water quality measures that require extensive maintenance. The construction (e.g. SWPPP) and post-construction water quality measures Eleventh Street Commons/Jame~ .>uner General Plan Amendment and Zone Change Mitigated Negative Declaration 8 3/21/2005 shall be subject to review and approval by the Central Coast RWQCB and the City of Gilroy Engineering Division. Party responsible for implementation: Party responsible for monitoring: Applicant GJ'lroy Engineering Division/ Central Coast RWQCB The following mitigation measures shall be implemented prior to issuance of a building permit. 8. The applicant shall design the proposed project to ensure that the potential damage due to flooding at the project site and to the flood elevations is minimized and that protection from the potential impacts of flooding during the one percent or '" DO-year flood" is incorporated into the design prior to approval of final improvement plans. Final building plans shall be subject to review and approval by the City of Gilroy Building and Engineering Division. Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Building & Engineering Divisions 9. The project applicant shall equip the residential portions of the proposed project with mechanical ventilation to allow the windows to remain closed at the residents' option. Typically a central air-conditioning and heating system designed to provide a habitable interior environment with the windows closed will meet this requirement. The mechanical ventilation system shall be subject to review and approval by the City of Gilroy Building Division. Party responsible for implementation: Party responsible for monitoring: Applicant GJ'lroy Building Division Eleventh Street Commons/James :>uner General Plan Amendment and Zone Change Mitigated Negative Declaration 9 3/21/2005 10. Homes constructed on the eastern edge of the property, adjacent to Monterey Street, shall be constructed with noise rated windows and forced ventilation, subject to review and approval by the Gilroy Building Division. Prior to construction, at the building permit state, the STC noise rating shall be determined. It is expected that windows with a STC rating of 26-to-36 will be required and doors could have a STC rating of 24 to 28, to ensure that noise levels remain at 45 Ldn or below in the interior of the homes. Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Building Division 11. As part of normal City of Gilroy review and approval procedures for future projects the following measures shall be incorporated to mitigate construction noise, as determined feasible by the City Building and Engineering Divisions: . Limit construction activity to weekdays between 7:00 AM and 7:00 PM and on Saturdays between 9:00 AM and 7:00 PM, with no construction on City holidays and Sundays; and . Locate stationary noise-generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy BUilding & Engineering Divisions 12. Subject to review and approval by the City of Gilroy Engineering Division, the project applicant shall construct a sidewalk on the discontinuous portion along the west side of Monterey Street. The sidewalk shall be constructed prior to operation of the proposed project. Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Engineering Division Eleventh Street Commons/James :Juner General Plan Amendment and Zone Change Mitigated Negative Declaration 10 3/2112005 13. Subject to review and approval by the City of Gilroy Engineering Division, the project applicant shall construct right-turn channelization taper (to widen the road as it approaches each driveway), in addition to a right-turn radius, be installed at the project driveways based on City of Gilroy standards. These improvements shall be constructed prior to operation of the proposed project. Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Planning & Engineering Divisions 14. Subject to review and approval by the City of Gilroy Engineering Division, the project applicant shall construct a second westbound left-turn lane, based on the high westbound left-turn demand and queues that would exceed the storage capacity, at the Monterey Street/Luchessa Avenue intersection. This improvement shall be constructed prior to operation of the proposed project. Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Engineering Division 15. Subject to review and approval by the City of Gilroy Building and Engineering Division, the project applicant shall incorporate stormwater drainage areas in final improvement plans (e.g. within the proposed parking lot and landscape areas) that would reduce stormwater runoff from the proposed project within pre-development levels. The stormwater from the project site shall be temporarily stored in these drainage areas and discharged to the city's storm drain system. Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Building & Engineering Divisions Eleventh Street Commons/James Suner General Plan Amendment and Zone Change Mitigated Negative Declaration 11 3/21/2005 Date Prepared: March 21. 2005 End of Review Period: April 25. 2005 Date Adopted by City Council: 11L$ William Faus Planning Division Manager I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2005-11 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 13th day of June, 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 28th day of June, 2005. "-' (Seal)