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Ordinance 2005-13 ORDINANCE NO. 2005-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN APPLICATION FOR A CHANGE IN ZONING DESIGNATION FROM PF (PARK! PUBLIC FACILITY) TO Rl (SINGLE FAMILY RESIDENTIAL) ON APPROXIMATELY 2.46 ACRES LOCATED AT WREN AVENUE, NORTHEAST CORNER OF WREN AND VICKERY AVENUES, APN 790-08-015 WHEREAS, the Gilroy Unified School District submitted application Z 04-08 to change the zoning designation from PF (Park! Public Facility) to Rl (Single Family Residential) on approximately 2.46 acres located at Wren Avenue, northeast corner of Wren and Vickery Avenues, APN 790-08-015 in order to develop nine single family homes, hereinafter "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 dated April 27, 2005, and all other documentation related to application Z 04-08, 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, a follow-up staff report dated May 10,2005, and other documentation related to application Z 04-08; 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 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. ICTA1659122.2 052305-04706089 -1- Ordinance No. 2005-13 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 04-02. 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 04-08 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. SECTION IV This Ordinance shall become effective thirty (30) days after its adoption, provided that Resolution No. 2005-36 approving GP A 04-02 becomes effective. If said Resolution does not ICTA1659122.2 052305-04706089 -2- Ordinance No. 2005-13 take effect, then Z 04-08, 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: NOES: COUNCILMEMBERS: CORREA, DILLON, MORALES, V ALIQUETTE, and PINHEIRO NONE AYES: COUNCIL MEMBERS: ABSENT: COUNCILMEMBERS: GARTMAN and VELASCO ATTEST: ~ .../{ {2.../: '-/.. " i '---.14-- ~A ~/A- Rhdnda Pellin, City Clerk APPROVED: ~--- ~ e inheiro, Mayor ICTA1659122.2 052305-04706089 -3- Ordinance No. 2005-13 ,i" EXHIBIT A City of Gilroy Community Development Department Planning Division (408) 846-;0440 . 7351 Rosanna Street, Gilroy, 95020 For County Clerk Stamp Proposed Mitigated Negative Declaration . City File Number: GPA 04-02 and Z 04-08 City Contact: Gregg Polubinsky, Planner n, gpolubinskv(Q1cLgilrov.ca.us I I I I I I I I I I I I Proiect Description Project Title: Gilroy Unified School District General Plan Amendment (GP A 04-02) and Zone Change (Z 04-08) Project Applicant: Gilroy Unified School District 7810 Arroyo Circle Gilroy, CA 95020 (408) 847-2700 . Project Location: City of Gilroy, California, The 2.46-acreproject site is located at the northeast comer of Vickery Avenue and Wren Avenue, approximately 0.5 mile west of Monterey Road. The site is known as Assessor's Parcel Number 790- 08-015. Proposed Project: The proposed project would change current land use and zoning designations on a 2.46-acre parcel in the City of Gilroy from ParklRecreation Facility and ParklPublic Facility (PF) to Low Density Residential and Single Family Residential (R1), respectively. This would allow residential development on the parcel at a density of between 3 and 7.25 units per acre (7 to 18 residential units). The Preliminary Development Plan propose~ residential development at a density of 3.6 units per acre (nine single family homes) and a new street. The Preliminary DevelopmentPlan component of the proposed project consists of subdividing the 2.46-acre parcel into nine residential lots in a row on 1.34 acres and a new street extending along the south side of the lots on 1.12 acres. Of the nine residential lots, seven would be 6,000-sf lots and the two end lots would be 8,088 sf. The future street would extend eastward from Wren Avenue along the southern border of the project site, so proposed residential development would be on the north side of the street and the future park (not part ofthe proposed project) would be on the south side. The future street would include sidewalks on each side. A complete application package is available for review at the Gilroy City Hall. Findines An Initial Study of this project was prepared for the proposed project to determine whether the project might have a significant effect on the environment. A copy of this initial study is available for review at the City of Gilroy Community Development Department, Planning Division, 7351 Rosanna Street, Gilroy, CA 95020. . The Initial Study identified potentially significant impacts on the environment. However, all potential impacts of the proposed project can be avoided or reduced to a less-than- significant level with implementation of environmental measures included as part of the project description and with additional mitigation measures identified in the Initial Study. Therefore, this project has been mitigated to a point where no significant impacts would occur, and there is no substantial evidence the project may have a significant effect on the environment. The specific mitigation measures that avoid or reduce impacts are included in the Mitigation Monitoring Program below. City staff independently reviewed the Initial Study, and this Mitigated Negative Declaration reflects the independent judgment of the City of Gilroy. . Mitieation and Monitorine Proeram This mitigation and monitoring program is based on the mitigation measures identified in the project initial study. 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 applicant is required to complete before, during, and after implementation of the proposed project. The following program includes all required mitigation measures and identifies the party responsible for implementing and monitoring the implementation ofthe mitigation measures. The mitigation numbers are the same as those used in the initial study, with letters indicating the relevant issue as follows: . AES - aesthetics . BIO - biological resources . CR - cultural resources . EM - environmental measure included as part of proposed project . GEO - geology/soils . HAZ - hazards and hazardous materials . . TRA - transportation/traffic . WQ - hydrology/water quality 2j I .'.:<;~ I ,..;'''' I I I ":~ I ~ I I I I I I . .,1 . . .-,... ~ I _. ~~;"'""_,,,,,,,,,,,~-;,,,,,,~~-c'__'-"."""~~_"'''''''''''''.~ I I ~ I I I I I I I I I I I I I I I I I I The mitigation and monitoring program (MMP) should be implemented as follows. A. The Gilroy Community Development Department will be responsible for coordination ofMMP. The Community Development Department will complete monitoring checklist and distribute the checklist to the responsible individuals or agencies for their use in monitoring the mitigation measures. B. Each responsible individual or agency will then be responsible for determining compliance with the mitigation measures contained in the monitoring checklist. Once all mitigation measures have been implemented, the responsible individual or agency will 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 implemented, the monitoring checklist should not be returned to the Community Development Department. . C. The 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 implemented at the appropriate time (e.g. prior to issuance of a use permit). Compliance with mitigation measures is required for project approval. D. If a responsible individual or agency determines that a non-compliance has occurred (i.e., a mitigation measure has not been implemented), a written notice will be delivered by certified mail to the project applicant within 10 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 maybe halted and fines may be imposed at the discretion of the City of Gilroy. . STEP 1. Prior to approval and issuance ofthe final construction plans, the following mitigation measures shall be implemented. These measures should be incorporated into the construction specifications and implemented during construction. EM-t. Measures to Minimize Effects of Construction-Related Noise The following noise-control measures would be included in the construction contract specifications to reduce and control noise generated from construction-related activities. . The normal working day for construction activities would be between 7:00 am. and 7 p.m. on weekdays. Construction could also occur on Saturdays between 9:00 am. and 7:00 p.m., but no construction would occur on Sundays or City holidays (Gilroy Municipal Code Section 16.38). . Construction equipment would have appropriate muffiers, intake silencers, and noise,..control features and would be properly maintained and equipped with exhaust mufflers that meet state standards. . 3 . Vehicles and other gas- or diesel-powered equipment would be prohibited from unnecessary warming up, idling, and engine revving. . A sign would be posted at the construction site with the telephone number of the Gilroy Police Department who the public should contact with noise complaints. If necessary due to complaints, the construction contractor would provide additional noise-attenuating measures such as additional mufflers or engine shrouding. . Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Building Division EM-2. Erosion-Control Measures to Protect Water Quality . To minimize the mobilization of sediment to adjacent water bodies, the following erosion- and sediment-control measures would be included in the Storm Water Pollution Prevention Plan (SWPPP) to be included in the construction specifications, based on standard City measures and standard dust-reduction measures. . Cover or apply nontoxic soil stabilizers to inactive construction areas (previously gradedareas inactive for 10 days or more) that could contribute sediment to waterways. . . Enclose and cover exposed stockpiles of dirt or other loose, granular construction materials. that could contribute sediment to waterways. . Contain soil and filter runoff from disturbed areas by berms, vegetated filters, silt fencing, straw wattle, plastic sheeting, catch basins, or other means necessary to prevent the ~scape of sediment from the disturbed area. . Prohibit the placement of earth or organic material where it may be directly carried into a stream, marsh, slough, lagoon, or body of standing water. . Prohibit the following types of materials from being rinsed or, washed into streets, shoulder areas, or gutters: concrete, solvents and adhesives, fuels, dirt, gasoline, asphalt, and concrete saw slurry. . Conduct dewatering activities according to the provisions of the SWPPP. Prohibit placement of dewatered materials in local water bodies or in storm drains leading to such bodies without implementation of proper construction water quality control measures. Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Engineering Division EM-3. Dust-Control Measures to Protect Air Quality To control dust emissions generated during construction of the proposed project, the following Bay Area Air Quality Management District (BAAQMD) measures for construction emissions of particulate matter (pM) 0) must be implemented. 4 I -' I - I I I I I I I I I I I II' - I I I' r . 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 2 feet of freeboard. . Pave, apply water three times daily, or apply (nontoxic) 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. . Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. , . Install wheel washers for all existing trucks, or wash 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 Engineering Division CR-l: Stop Work if Buried Cultural or Paleontological Resources Are Discovered Inadvertently Ifburied cultural resources, such as chipped. or ground stone, historic debris, building. foundations, or human bone or paleontological resources are discovered inadvertently during ground-disturbing activities, work will stop in that area and within 100 feet of the find until a qualified archaeologist or paleontologist can assess the significance of the find and, if necessary, develop appropriate treatment measures in consultation with the City of Gilroy and other appropriate agencies. In the event human remains are encountered, Mitigation Measure CR-2 would also be implemented. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division CR-2: Comply with State Laws Relating to Native American Remains Ifhuman remains of Native American Origin are discovered during project construction, it will be necessary to comply with state laws relating to the disposition of Native American burials, which fall under the jurisdiction of the Native American Heritage Commission (NAHC) (Public Resources Code, Section 5097). If any human remains are discovered or recognized in any location other than a dedicated cemetery, there will be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains (1) until the Santa Clara County coroner has been informed and has determined that no investigation of the cause of death is required; and (2) if the remains are of Native American origin: 5 . The descendents of the deceased Native Americans have made a recommendation 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 any associated grave goods a provided in Public Resources Code, Section 5097.98, or . The NAHC has been unable to identify a descendent or the descendent failed to make a recommendation within 24 hours after being notified by the commission. . According to the California Health and Safety Code, six or more human burials at one location constitute a cemetery (section 8100), and disturbance of Native American cemeteries is a felony (Section 7052). Section 7050.5 requires that construction or excavation be stopped in the vicinity of discovered human remains until the coroner can determine whether the remains are those of a Native American. If the remains are determined to be Native American, the coroner must contact the NAHC. Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Planning Division STEP 2. Prior to issuance of a building permit, the following mitigation measures shall be implemented. . AES-l: Incorporate Light-Reduction Measures into the Site Design and Street Lighting The following light-reduction measures will be incorporated into the design specifications for street lighting and for future residential development plans at the project site to reduce light and glare. The lighting design will also meet minimum safety and security standards as determined by the City. . Luminaires (light fixtures or light sources) will be the minimum wattage required for security to minimize incidental light. . Luminaires will be cut-off type fixtures that cast low-angle illumination to minimize incidental spillover oflight onto adjacent residences and the creek channel. Fixtures that project light upward or horizontally will not be used. . Luminaires will be directed away from habitat and open space arealS adjacent to the project site. . Luminaire mountings will be downcast and the height of poles minimized. to reduce potential for backscatter into the nighttime sky and incidental spillover of light onto adjacent residences and the creek channel. Light poles will be no higher than 20 feet. Luminaire mountings will have non-glar~ finishes. . Final configuration of the luminaires will comply with site plan review standards and will be approved by the City Engineer. Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Engineering Division 6 [ I I I I I I I I I I I I I I I BIO-l: Conduct Preconstruction Surveys for Active Burrowing Owl Burrows and Implement the California Department of Fish and Game Guidelines for Burrowing Owl Mitigation, if Necessary DFG (1994) recommends that preconstruction surveys be conducted to locate active burrowing owl burrows in the project area and in a 250-foot-wide buffer zone around the project area. The City will retain a qualified biologist to conduct preconstruction surveys for active burrows according to DFG guidelines. The preconstruction surveys will include a nesting season survey and a wintering season survey the season immediately preceding construction. If no burrowing owls are detected, then no further mitigation is required. If active burrowing owls are detected in the s~rvey area, the following measures will be implemented. . Occupied burrows will not be disturbed during the nesting season (February 1- August 31). . When destruction of occupied burrows is unavoidable during the non-nesting season (September I-January 31), unsuitable burrows will be enhanced (enlarged or cleared of debris) or new burrows created (installing artificial burrows) at a ratio of 2: 1 on protected lands approved by DFG. Newly created burrows will follow guidelines established by DFG. . If owls must be moved away from the project area, passive relocation techniques (e.g., installing one-way doors at burrow entrances) will be used instead of trapping. At least 1 week will be necessary to accomplish passive relocation and allow owls to acclimate to alternate burrows. . If active burrowing owl burrows are found and the owls must be relocated, the City will offset the loss of foraging and burrow habitat in the project area by acquiring and permanently protecting a minimum of 6.5 acres of foraging habitat per occupied burrow identified in the project area. The protected lands should be located adjacent to the occupied burrowing owl habitat in the project area or at another occupied site near the project area. The location of the protected lands will.be determined in coordination with DFG. The City will also prepare a monitoring plan, and provide long-term management and monitoring of the protected lands. The monitoring plan will specify success criteria, identify remedial measures, and require an annual report to be .submitted DFG. . If avoidance is the preferred method of dealing with potential impacts, no disturbance should occur within 160 feet of occupied burrows during the non- breeding season (September I-January 31) .or within 250 feet during the breeding season. Avoidance also requires that at least 6.5 acres of foraging habitat (calculated based on an approximately 300-foot foraging radius of an occupied burrow), contiguous with occupied burrow sites, be permanently preserved for each pair Qfbreeding burrowing owls or single unpaired resident bird. The configuration of the protected site will be submitted to DFG for approval. . . Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Planning Division 7 . GEO-l: Conduct a Geotechnical Investigation and Implement 'Recommendations to Minimize Geological Hazards As part of the final design ofthe residential units, the developer will retain a qualified and licensed engineer to conduct a geotechnical study of the site. The final design of the residential development and new. roadway will incorporate the recommendations of the geotechnical investigation, and will adhere to the City's Public Works/Engineering Standards to ensure the reduction of all geological hazards to an acceptable level. Party responsible for implementation: Party responsible for monitoring: - ~ . Applicant Gilroy Engineering Division . HAZ-l: Conduct a Limited Phase II Soil Investigation for Pesticides and Implement Appropriate Soil Remediation Prior to Construction The Applicant will hire a qualified consultant to conduct a Limited Phase n soil investigation for pesticides associated with surface soil prior to construction. If tests reveal pesticides at concentrations that would pose a significant threat to human and/or sensitive receptors, a remedial action plan would be developed and implemented in accordance with California Department of Toxic Substances Control (DTCS) regulations. This action could include construction workers wearing protective gear during construction. Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Planning Division j ~ - - i ~ , . , I I I WQ-l: Implement a Spill Prevention and Control Program The Applicant shall develop and implement a spill prevention and control program to minimize the potential for, and effects from, spills of hazardous, toxic, or petroleum substances during construction of the project. No city permits would be required for hazardous materials used onsite during construction. . The federal reportable spill quantity for petroleum products, as defined in the EP A's CFR (40 CFR 110) is any oil spill that (1) violates applicable water quality standards, (2) causes a film or sheen upon or discoloration of the water surface or adjoining shoreline, or (3) causes a sludge or emulsion to be deposited beneath the surface of the water or adjoining shorelines. If a spill is reportable, the contractor's superintendent would notify the relevant Santa Clara County officials, which have spill response and clean-up ordinances to govern emergency spill response. A written description of reportable releases must be submitted to the RWQCB. This submittal must include a description of the release, including the type of material and an estimate of the amount spilled, the date of the release, an explanation of why the spill occurred, and a description ofthe steps taken to prevent and control future releases. The releases would be documented on a spill report form. 8) i I l I I I I I I I I I I I If an appreciable spill has occurred and results determine that project activities have adversely affected groundwater quality, a detailed analysis would be performed by a Registered Environmental Assessor to identify the likely cause of contamination. This analysis would conform to American Society for Testing and Materials (ASTM) standards, and would include recommendatiens for reducing or eliminating the source or mechanisms of contamination. Based on this analysis, the City and/or its contractors would select and implement measures to control contamination, with a performance. standard that groundwater quality must be returned to baseline conditions. These measures would be subject to approval by the City. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division . TRA-l: Prepare and Implement a Traffic Control Plan In accordance with the City of Gilroy's policy on street closures and traffic diversion for arterial and collector roadways, the construction contractor would prepare a traffic control plan (to be approved by the City Engineer) prior to construction. The traffic control plah. will include the following. . A street layout showing location of construction activity and surrounding streets to be used as detour routes, including "special signage." . A tentative start date and construction duration period for each phase of construction. . The name, address and emergency contact number for those responsible to maintain the traffic control devices during the course of construction. . Written approval to implement traffic control from other agencies, as needed. . Additionally, the traffic control plan would include the following stipulations. . Provide access for emergency vehicles at all times. . Maintain access for driveways and private roads, except for brief periods of construction, in which case property owners will be notified. . Provide adequate off-street parking or use designated pubfic parking areas for construction-related vehicles not in use through the construction period. . Maintain pedestrian and bicycle access and circulation during project construction where safe to do so. If construction encroaches on a sidewalk, a safe detour would be provided for pedestrians at the nearest painted crosswalk. If construction encroaches on a bike lane, warning signs would be posted that indicate bicycles and vehicles are sharing the roadway. . Traffic controls may include flag persons wearing OSHA-approved vests and using the "Stop/Slow" paddle to warn motorists of construction activity. . Post standard construction warning signs in advance of the construction area and at any intersection that provides access to the construction area. 9 Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Engineering and Planning Division . . During lane closures, notify the City of Gilroy Fire and Police Departments and the City Emergency Operations Center of construction locations to ensure that alternative evacuation and emergency routes are designed to maintain response times during construction periods, if necessary. . Provide written notification to appropriate contractors regarding appropriate routes to and from construction sites and weight and speed limits for local roads used to access construction sites. Submit a copy of all such written notifications to the Gilroy Planning Department. Date Prepared: -z.1' 0 I 0':) . End of Review Period: ~~ Date Adopted by City Council: William Falls Planning Division Manager bfaus@ci.gilroy.ca.us . . I I I I I I 10-, I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached Ordinance No. 2005-13 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. ~r2 ~' ,-~ City Clerk of the City of Gilroy (Seal)