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Ordinance 2005-16 ORDINANCE NO. 2005-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN APPLICATION FOR A CHANGE IN ZONING DESIGNATION FROM R1 (SINGLE FAMILY RESIDENTIAL) AND C1 (NEIGHBORHOOD COMMERCIAL) TO ND-C1/PUD (NEIGHBORHOOD DISTRICT - NEIGHBORHOOD COMMERCIAL/ PLANNED UNIT DEVELOPMENT) ON AN APPROXIMATELY 4.85 ACRE PARCEL LOCATED AT 9435 MONTEREY ROAD, NORTH OF FARRELL AVENUE, APNS 790-07-002, -001 WHEREAS, Salvatore Oliveri submitted application Z 04-12A to change the zoning designation from R1 (Single Family Residential) and C1 (Neighborhood Commercial) to ND- ClIPUD (Neighborhood District-Neighborhood CommerciallPlanned Unit Development) on an approximately 4.85 acre parcel located at 9435 Monterey Road, north of Farrell Avenue, APNs 790-07-002, -001 ("Project"), for a residential and commercial development; 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 ("Staff Report"), and all other documentation related to application Z 04- 12A, 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 June 6, 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 04-12A; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council on June 6, 2005, adopted the mitigated Negative Declaration for the project; and IGBOI660724.1 060705-04706089 -1- Ordinance No. 2005-16 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 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 04-12A is hereby approved subj ect 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. IGB01660724.1 060705-04706089 -2- Ordinance No. 2005-16 SECTION IV This Ordinance shall become effective thirty (30) days after its adoption, provided that Ordinance No. 2005-17 approving Z 05-04A and Resolution No. 2005-38 approving M 03-01 become effective. If said Ordinance and said Resolution do not take effect, then Z 04-12A, without any further action required by the City Council, is denied, and this Ordinance has no further force and effect. PASSED AND ADOPTED this 18th day of July, 2005, by the following vote: AYES: COUNCIL MEMBERS: CORREA, DILLON, GARTMAN, MORALES, V ALIQUETTE, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VELASCO APPROVED: ~.. ..)?;::/ c-- ~.~ .........~ 1\ibert Pinheiro, Mayor ATTEST: ) '::~J'//; ) Lt(" u! (( /, Rhonda Pellin, City Clerk \GBO\660724.1 060705-04706089 -3- Ordinance No. 2005-16 Community Development Department Planning Division MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 (408) 846-0440 City File Number: Z 04-12A, TM 04-13, A/S 04-43 Proiect Description: Name of Project: Nature of Project: Gilroy Oliveri Residential and Commercial Development A Planned Unit Development application consisting of a Zone Change, a Tentative Map, and Architectural and Site Review to create an 18,800- square foot commercial building and up to 36 senior citizen residences on a 4.85-acre site. Proiect Location: Location: The project site is located at 9435 Monterey Road, in the City of Gilroy and the County of Santa Clara. The site is bounded by Monterey Road and the Union Pacific/Caltrain railroad tracks to the east, single-family homes and a homeless shelter under development to the south, Church Street and single-family residential homes to the west, and a vacant lot to the north. Assessor's Parcel Number: 790-07-001 Entity or Person(s) Undertakine: Proiect: Name: Address: Salvatore Oliveri 9325 Monterey Road, 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. EXHIBIT A Oliveri Development Mitigated Negative Declaration and Mitigation Monitoring Program 2 Adopted June 13,2005 Findine:s & 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. Mitie:ation Measures: Prior to approval and issuance of the final improvement plans, the following mitigation measures shall be implemented: 1. The project applicant shall reduce the proposed project's residential density to the City of Gilroy's permissible limit within the Neighborhood District designation. 2. The project applicant shall specify in 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 Division: (Modified Gilroy General Plan EIR Mitigation Measure 4.6-A) The following measures shall be implemented for all construction sites: . During high dust conditions, water all construction areas at least twice daily; . Cover all trucks hauling soil, sand, and other loose materials; . Apply clean gravel, water, or non-toxic soil stabilizers on all unpaved access roads, parking areas and staging areas at constructions sites; . Remove excess soils from paved access roads, parking areas and staging areas at construction sites; . Sweep streets daily (with mechanical sweepers) if visible soil material is carried onto adjacent public streets; EXHIBIT A Oliveri Development Mitigated Negative Declaration and Mitigation Monitoring Program 3 Adopted June 13,2005 . The idling of all construction equipment shall not exceed five minutes; . Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use; . All equipment shall be properly tuned and maintained in accordance with the manufacturer's specifications; . When feasible, alternative fueled or electrical construction equipment shall be used for the project site; . Use the minimum practical engine size for construction equipment; and . Gasoline-powered equipment shall be equipped with catalytic converters, where feasible. 3. The project applicant shall pay all applicable fire department development fees, subject to monitoring by the Building Division. 4. The project applicant shall pay the applicable school development fees, subject to monitoring by the Gilroy Unified School District and Building Division. 5. The project applicant shall pay all applicable library development fees, subject to monitoring by the Building Division. 6. The project applicant shall pay all applicable park development fees, subject to monitoring by the Building Division. 7. The project applicant shall pay all applicable police department development fees, subject to monitoring by the Building Division. 8. The developer shall prepare an engineering study that analyzes median access openings on Monterey Road from Farrell Avenue to Cohansey Avenue. The developer shall prepare engineering design plans for the construction of the median in this roadway segment and construct the median prior to building occupancy. Prior to approval and issuance of a grading or building permit, the following mitigation measures shall be implemented: 9. Fire Sprinkler systems shall be installed per NFP A 13d in the duette homes, a 13r in the apartment buildings and 13 in the commercial structures. Systems are subject to the review and approval by the Fire Marshal. 10. Subject to the review and approval of the Planning Division, new outdoor lighting shall be directed on-site and designed and installed with shielding. EXHIBIT A Oliveri Development Mitigated Negative Declaration and Mitigation Monitoring Program 4 Adopted June 13,2005 11. The project applicant shall prepare a detailed Flood Management and Mitigation Plan (FlMMP), subject to approval by the Santa Clara Valley Water District (SCVWD) and the City of Gilroy Building Division. 12. If trees or shrubs are scheduled for removal during the breeding season (February 1 to August 1), a qualified biologist shall conduct pre-construction nesting birds surveys within 30 days prior to the onset of any construction activity. All trees and snags should be searched for bird nests during the pre-construction survey. If bird nests are observed, an appropriate buffer zone shall be established around all active nests to protect nesting adults and their young from construction disturbance. If active raptor nests are located on the Study Area, a buffer zone of 200-250 feet shall be established around each nest unless a smaller distance is suitable to reduce nesting disturbance. Buffer zones implemented around avian nests can be used to avoid impacts to birds and nests protected by the MBTA and Sections 3515 and 3503 of the Fish and Game Code. Buffer zones shall be determined based the site conditions and the species potentially impacted. Work within the buffer zone should be postponed until all the young are fledged, as determined by a qualified biologist. 13. During the earth disturbing actIVIties of construction, if any archaeological deposits are encountered, an archaeologist shall be summoned on-site to document and monitor all subsurface prehistoric or historic deposits. All activities in the area should cease and the archaeologist should inspect the discovery and prepare a recommendation for a further course of action. This mitigation measure shall be subject to the review and approval of the Planning Division. 14. In the event that human remains are discovered, there shall be no disposition of such human remains, other than in accordance with the procedures and requirements set forth in the California Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98. These code provisions require notification of the County Coroner and the Native American Heritage Commission, who in turn must notify those persons believed to be most likely descended from the deceased Native American for appropriate disposition of the remains. Excavation or disturbance may continue in other areas of the project site outside the area affected by such discovery. This mitigation measure shall be subject to the review and approval of the Planning Division. 15. The project applicant shall submit a soils investigation prepared by a qualified soils engineer for the proposed project. The recommendations of the soils investigation shall be incorporated into the final building plans, subject to the review and approval by the City of Gilroy Engineering Division prior to approval of any building permits. 16. The project applicant shall design all structures in accordance with the Uniform Building Code for seismic design. Foundation design should include the use of structural mat or post-tension slab foundations, rather than conventional spread footings. Structural design is subject to the review and approval by the City of Gilroy Building Division prior to the issuance of building permits. 17. The applicant shall prepare an erosion and deposition control plan detailing appropriate methods of erosion and deposition control during grading, construction and operation of the proposed EXHIBIT A Oliveri Development Mitigated Negative Declaration and Mitigation Monitoring Program 6 Adopted June 13,2005 commercial uses. The area on the east side of the gate and the communication/card reader podium shall be laid out such that inbound visitors have the opportunity to turn around should the gate not open for them. 27. The applicant shall provide parking in compliance with the Zoning Ordinance subject to the review and approval of the Planning Division. Date Prepared: March 18, 2005 (Revised April 6, 2005) End of Review Period: April 11, 2005 Date Adopted by City Council: June 13,2005 William F aus Planning Division Manager bfaus@ci.gilroy.ca.us EXHIBIT A Oliveri Development Mitigated Negative Declaration and Mitigation Monitoring Program 5 Adopted June 13,2005 project. The erosion and deposition control plan shall be subject to review and approval by the City of Gilroy Engineering Division prior to the issuance of building permits. 18. As required by General Plan Action 25.E, the applicant shall prepare a site specific soils report for the proposed project which includes laboratory testing of on-site soils as well as design criteria for building foundations, basement walls, roads, and other structures. The soils report shall be subject to review and approval by the City of Gilroy Engineering Division prior to issuance of the building permits. 19. The project applicant shall submit a Notice of Intent (NOI), detailed engineering designs, and a Storm Water Pollution Prevention Plan (SWPPP) program to the Central Coast RWQCB to obtain a NPDES General Construction permit prior to any grading or construction activities. This permit shall require implementation of an approved SWPPP that uses storm water Best Management Practices (BMPs) to control runoff, erosion and sedimentation from the site. The SWPPP is subject to review and approval by the Central Coast RWQCB and the Gilroy Engineering Division. 20. The following language shall be included on all permits issued for this project, subject to the review and approval of the Building Division: "All construction activities shall be limited to weekdays between 7:00 a.m. and 7:00 p.m. and to Saturday between 9:00 a.m. and 7:00 p.m. No construction is allowed on Sundays or City holidays." 21. All construction equipment engines shall be properly tuned and muffled according to manufacturers' specifications. 22. Noise construction activities whose specific location on the site may be flexible (e.g., operation of compressors and generators, cement mixing, general truck idling) shall be conducted as far as possible from the nearest noise-sensitive land uses, and natural and/or manmade barriers (e.g., intervening construction trailers) shall be used to screen propagation of noise from such activities towards these land uses to the maximum extent possible. 23. The use of those pieces of construction equipment or construction methods with the greatest peak noise generation potential shall be minimized. Examples include the use of drills and jackhammers. 24. Barriers such as plywood structures or flexible sound control curtains shall be erected along the western edge of the site to minimize noise exposure to nearby residential uses. 25. Project Driveways on Monterey Road - The northern-most proposed project driveway on Monterey Road shall be eliminated and the remaining project driveway (south driveway) on Monterey Road shall be widened to 35 feet in order to satisfy City of Gilroy street design standards. 26. Security Gate Operations - To reduce the potential for inbound vehicles backing up onto Church Street, the security gate on Church Street shall only be used by residents of the project. Visitor access to the residential portion of the project shall occur via the gate between the residential and EXHIBIT A I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2005-16 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 18th day of July, 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 10th day of August, 2005. ) / ./ , ,I _/. I ( I t ( t..~( t:. ( l ( ( lerk of the City of Gilroy (Seal)