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Ordinance 2005-18 ORDINANCE NO. 2005-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING APPLICATION Z 02-01 TO PRE- ZONE TO Ml (LIMITED INDUSTRIAL) APPROXIMATELY 53.38 ACRES LOCATED AT THE NORTHEAST CORNER OF LAS ANIMAS AVENUE AND MONTEREY STREET, APNS 835-05-005, -006, -007, -008 AND -009 WHEREAS, Augustine Melia submitted application Z 02-01 to pre-zone to Ml (Limited Industrial) approximately 53.38 acres located at the northeast comer of Las Animas Avenue and Monterey Street, APNs 835-05-005, -006, -007, -008 and -009, in order to allow for the future annexation of the property into the City limits ("Project"); and WHEREAS, pursuant to California Government Code section 65859, a city may prezone property in unincorporated territory to determine the zoning that will apply to that territory upon annexation to the city, which zoning will become effective only upon annexation to the city; and WHEREAS, the Planning Commission held a duly noticed public hearing on April 7, 2005, which was continued to May 5, 2005, at which time the Planning Commission considered the public testimony, the Staff Reports dated March 22, 2005, and April 29, 2005, and all other documentation related to application Z 02-01, and recommended that the City Council certify the Final Environmental Impact Report ("Final EIR") 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 Reports, a follow-up staff report dated May 9,2005, and other documentation related to application Z 02-01; and ICTA1659147.3 01-052805-04706089 -1- Ordinance No. 2005-18 WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council on May 16, 2005, certified the Final EIR, finding that (a) it was completed in compliance with CEQA; that (b) the Final EIR was presented to the City Council and the City Council reviewed and considered the information contained in the Final EIR prior to approval; and that (c) the Final EIR reflects the independent judgment and analysis of the City; and WHEREAS, on July 18, 2005, the City Council adopted Resolution No. 2005-51, the "CEQA Resolution," making the findings concerning each significant environmental effect of the Project as required and adopting a statement of overriding considerations for those effects deemed unavoidable, all in conformance with CEQA; and WHEREAS, the City Council intends hereby to adopt a Mitigation Monitoring Program for the mitigation measures set forth in the Final EIR as revised; 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 surrounding land uses and with the intent of the goals and policies of the General Plan and the land use designation for industrial park development. The Project with the adopted mitigation measures will not be detrimental to the public welfare or injurious to persons or property in the vicinity. For those effects that were partially but not fully mitigated or were unavoidable, the benefits of the Project outweigh the remaining unmitigated effects as specifically set forth in the CEQA Resolution. \CTAI659147.3 OH)52805-04706089 -2- Ordinance No. 2005-18 SECTION II Based on the above findings, zoning application Z 02-01 is hereby approved subject to the mitigation measures set forth in the Final EIR as revised and fully described in the CEQA Resolution, and to the Mitigation Monitoring Program, adopted hereby and 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 unconsti tutional. SECTION IV This Ordinance shall become effective thirty (30) days after its adoption, provided however, that pursuant to California Government Code section 65859, this zoning shall take effect only if, and upon the same date that the annexation of this property to the City of Gilroy takes effect. PASSED AND ADOPTED this 1 st day of August, 2005, by the following vote: AYES: COUNCIL MEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO, AND PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE \CT A\659147.3 01-052805-04706089 -3- Ordinance No. 2005-18 ATTEST: ',", )/ ' \) '--~^. (I Lv k.o~ \j v C-Z Cf---r-- Rhollda Pellin, City Clerk ICTA1659147.3 01.{)52805.{)4706089 APPROVED: -4- Ordinance No. 2005-18 EXHIBIT A Las Animas Annexation and Pre-zoning Mitigation Monitoring Program Introduction CEQA Guidelines section 15097 requires public agencies to adopt reporting or monitoring programs when they approve projects subject to an environmental impact report or a negative declaration that includes mitigation measures to avoid significant adverse environmen411 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 a'dverse environmental effects. The 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 the effectiveness of the mitigation measures. A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measure's 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 environmental impact report. These mitigation measures are designed to eliminate or reduce significant adverse environmental effects to less than significant levels. These mitigation measures become conditions of proj~ct 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 lllonitoring checklist contains all appropriate mitigation measures in the environmental impact report. 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 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 EMC Planning Group Inc. 1 Mitigation Monitoring Program Las Anink _ Annexation and Pre-zoning monitoring checklist and distributing the checklist to the responsible individuals or agencies for their use in monitoring the mitigation measures; 2. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring 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 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; and 4. If a responsible individual or agency determines that a non-compliance has occurred, a written notice should be delivered by certified mail to the project proponent within 10 days, with a copy to the Community Development Department, describing the non-compliance and requiring compliance within a specified period of time. Ifnon-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. 2 EMC Planning Group Inc. I I I I , , , I I I I I I I , I I I I Las Animas Annexation and Pre-z"..mg ...digation Monitoring Program Las Animas Annexation and Pre-zoning Mitigation Monitoring Checklist Step 1 Prior to approval of the cancellation of Williamson Act contracts, the following mitigation measure shall be implemented: Mitigation Measure 1 Prior to annexation Prior to any early cancellation of the Williamson Act by the property owner, one of the three options shall be implemented: a. Purchase of an equal amount of prime agricultural land within the area of the Open Space Authority and the transfer of the ownership of this land to the Open Space Authority or other City-approved agency; b. Purchase development rights on agriculturalland within the area of the Open Space Authority and the transfer of the ownership of this land to the Open Space Authority or other City-approved agency. The purchase value shall be equivalent in value to that required under (a) above; and c. Payment, in lieu of purchase, of fee to the Open Space Authority or other City-approved agency, equal to the amount required to comply with either of the above elements. The amount of this fee shall be equivalent in value to that required under (a) above. Party responsible for implementation: Applicant Party responsible for moniton'ng: Gilroy Planning Division Step 2 Prior to approval of the future development plans, the following mitigation measures shall be implemented: Mitigation Measure 2 The following measures shall be incorporated into all future project plans on/ along the project site: . Provide wide sidewalks and onsite pedestrian facilities; . Provide street lighting; . Provide shade trees to shade sidewalks; . Do not allow long uninterrupted walls along pedestrian walkways; . Provide bike lanes/paths connecting to bike system; and . Provide secure bicycle parking. EMC Planning Group Inc. 3 Mitigation Monitoring Program Las Anim..._ Annexation and Pre-zoning Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division Mitigation Measure 4 The project proponent of any future development on the project site, which has the potential to release toxic air contaminants or produce odors, shall obtain permits from the BAAQMD. During the permitting process the BAAQMD will determine the level of significance from the release of toxic air contaminants or odor production on the project site. Based on the level of significance, the BAAQMD and the City of Gilroy will identify' buffer zones and any other mitigation m~asures deemed necessary. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division Mitigation Measure 7 Prior to the issuance of permits, the proponent for any specific development project shall submit a Landscape Plan for review and approval by the City of Gilroy Planning Division, indicating the location, size and species of existing trees found within the project site boundaries. The plan shall indicate which trees are planned for removal. Based on review of the Landscape Plan, the City shall determine which trees, if any, are "significant." If significant trees are determined to be located on the project site, they shall be retained, to the greatest extent feasible. The dripline of significant trees to be retained shall be fenced prior to grading activities to prevent root damage. If retention of all significant trees on the project site is infeasible, a written report shall be prepared by a certified arborist including the number and location of each significant tree to be removed, the type and approximate size of each significant tree, the reason for removal, and specifications for replacing significant trees to be removed. The written report shall be prepared prior to the commencement of grading activities, subject to approval by the City of Gilroy Planning Division. Prior to the commencement of construction activities, the protected zone (one to 1.5 times the distance from the trunk to the dripline, depending on the tree species) of any trees or groups of trees to be retained shall be fenced to prevent injury to the trees during construction. Soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/or dumping of materials shall not be allowed within the protected zone. The fencing shall remain in place until all construction activities are complete. The trees or groups of trees to be fenced shall be indicated in a written report prepared subject to approval by the City of Gilroy Planning Division. 4 EMC Planning Group Inc. II II , II , , , I I , I I I I , I , I , Las Animas Annexation and Pre-zv.llng ....Ligation Monitoring Program Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division Mitigation Measure 8 Prior to approval of development applications that include the demolition of structures, the Gilroy Planning Division shall determine whether the buildings on the project site are 50 years or older. If they are 50 years or older, the Gilroy Planning Division shall refer the project to the Gilroy Historic Heritage Committee for review. If the Gilroy Historic Heritage Committee determines that the buildings are potentially historic, the applicant shall submit a historic property report, prepared by a qualified historian. The historic evaluation shall include an architectural description of the structure, an historic background for the property, the completion of an appropriate State Department of Parks and Recreation form with photographic documentation, and mitigation measures if appropriate. If the structure(s) are determined to have significant historic value, measures must be established or determined and complied with prior to development of the site. Party responsible for implementation: Gilroy Planning Department/Applicant Party responsible for monitoring: Gilroy Planning Division Mitigation Measure 13 The project proponent shall prepare an engineering study of the railroad crossing at Las Animas Avenue and Monterey Road. The engineering study shall identify any limitations (i.e. trucks high-centering, stop clearance, etc.) and recommend the necessary improvements. The engineering study shall be subject to the review and approval by the Gilroy Engineering Division. The recommendations shall be implemented prior to occupancy of any truck trip-generating uses on the project site. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division MitiQation Measure 16 Prior to development of the proiect site. a Phase 1 Environmental Site Assessment shall be prepared in accordance with ASTM Standard(s) to identify whether past or existing uses of the proiect site may have adversely affected soil or groundwater, or would otherwise pose a health hazard during site development. If the Phase 1 Environmental Site Assessment finds that past uses may have contaminated the site. a Phase 2 Site Assessment shall be prepared. If contamination is present at the proiect site. clean up and disposal of such EMC Planning Group Inc. 5 Mitigation Monitoring Program Las Animo", Annexation and Pre-zoning contamination. if present. shall be in compliance with federal. state and local regulations governing the clean-up and disposal of hazardous waste. Partv responsible for implementation: Applicant Partv responsible for monitoring: Gilrov Planning Division Mitiaation Measure 17 To reduce the volume of commute vehicle trips. the City shall require the prolect proponent to prepare a vehicle trip reduction plan. that includes recommendations for the future employers on the prolect site. The plan shall be distributed to the employers and employees of the project site. The vehicle trip reduction plan shall include: Pt-fPhcan\. ~"pol'1silol-t ~r itl'\f\-eMe.1\4~\.iolJ. &i\t'O'f P\~"rl;", "\);",';DI1 r~sPora~~"'t~.,.... mo"i+-b";"'~ . · Carpool/vanpool program to help match commuting employees together: · Current information regarding the City's existing park and ride lots; · Current transit information (i.e. VTA bus facilities. routes and times): · Preferential parking incentives for employees who carpool/vanpool (i.e. locate preferential parking area near building entrances or sheltered areas): · Provide onsite A TM/bank. cafeteria. and other services for employees: and · Provide the employer and employees with information about compressed work week schedules (i.e. 4/40.9/80). Step 3 Prior to approval and issuance of a building permit, the following mitigation measures shall be implemented: Mitigation Measure 3 The project proponent 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 Planning 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; 6 EMC Planning Group Inc. p ~ I' , ~ , , J II , I I I J I I I I .. . Las Animas Annexation anu Pre-zoning Mitigation Monitoring Program · 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) ifvisible soil material is carried onto adjacent public streets. The following measures shall be implemented at all construction sites greater than four acres in area: · All "Basic" control measures listed above; · Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (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 mph; · Install sandbags or other erosion control measures to prevent silt runoff to public roadways; and . . . . II . II . . · Replant vegetation in disturbed areas as quickly as po~sible. The following measures shall be implemented at construction sites that are large in area, located near sensitive receptors or which for any other reason may warrant additional emissions reductions: · Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; · Install windbreaks, or plant trees/vegetative wind breaks at windward side(s) of construction areas; · Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and · Limit the area subject to excavation, grading and other construction activity at anyone time. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division EMC Planning Group Inc. 7 Mitigation Monitoring Program Las Anin,_ Annexation and Pre-zoning Mitigation Measure 5 Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities occurring within 200 feet of trees located on and adjacent to the project site, a tree survey shall be conducted by a qualified biologist to determine if active nest(s) of protected birds are present in the trees. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. This survey shall be required only if any construction would occur during the nesting and/ or breeding season of protected bird species potentially nesting in the tree (generally March 1 through August 1). If active nest(s) are found, clearing and construction within 200 feet of the tree shall be postponed or halted until the nest(s) are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting, at the discretion of the biologist. If construction activities are not scheduled between March 1 and August 1, no further surveys of the tree shall be required. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division Mitigation Measure 6 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 withip 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 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 ofFish and Game for review and approval. The burrowing owl habitat mitigation plan shall contain mitigation measures contained in the California Department of Fish and Game Staff Report on Burrowing Owl Mitigation (California Department ofFish 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; and 8 EMC Planning Group Inc. I - II II II I , J I I I I I I I I I I I Las Animas Annexation ar,~ . fe-zoning Mitigation Monitoring Program . Passive relocation of burrowing owls. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division Mitigation Measure 9 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: I III . If archaeological resources or human remains are discovered during construction, work shall be halted at a minimum of 200 feet from the find and the area shall be staked off. The project developer shall notify a qualified professional archaeologiSt. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division Mitigation Measure 10 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): If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably susp~cted 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 descendent (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 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 prop~rty in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD f(}.iled to make a recommendation within 24 hours after being notified by the ~ ~ EMC Planning Group Inc. 9 10 EMC Planning Group Inc. , J J J " I , , , , I I I I I I I I I Mitigation Monitoring Program Las Am'.....s Annexation and Pre-zoning 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. Party responsible Jor implementation: Applicant Party responsible Jor monitoring: Gilroy Planning Division Mitigation Measure 14 The project applicant for any proposed development, shall, for each phase of development, submit a Notice ofIntent (NO!), detailed engineering designs, and a storm water pollution prevention program to the Central Coast RWQCB. The project applicant shall obtain a National Pollution Discharge Elimination System General Construction permit from the RWQCB prior to any grading or construction activities. This permit shall require implementation of an approved SWPPP that uses storm water "Best Management Practices" to control runoff, erosion and sedimentation from the site. The Storm Water Pollution Prevention Program is subject to review and approval by the Central Coast Regional Water Quality Control Board and the Gilroy Engineering Division. Party responsible Jor implementation: Applicant Party responsible Jor monitoring: Gilroy Planning Division Step 5 The following mitigation measures shall be implemented prior to occupancy: Mitigation Measure 11 Subject to the review and approval of the Engineering Division, project plans shall include the following improvements, to be implemented prior to occupancy of the proposed project: · Install a traffic signal at the Monterey Road/Las Animas Avenue intersection; and · Provide separate signal operation phases for the northbound and southbound vehicles at the Monterey Road/Leavesley Road intersection. Party responsible Jor implementation: Applicant Party responsible Jor moniton'ng:' Gilroy Engineering Division Las Animas Annexation and, ,J-zoning Mitigatibn Monitoring Program Mitigation Measure 12 Subject to the review and approval of the Engineering Division, improvement plans shall include the following improvements, to be implemented concurrent with adjacent street improvements: . Provide convenient pedestrian access to the existing bus stop on northbound Monterey Road north of Las Animas Avenue, including a minimum eight- foot wide sidewalk adjacent to the bus stop in compliance with the American with Disabilities Act (ADA); . Provide wheelchair curb ramps at the intersection of Monterey Road and Las Animas Avenue in compliance with the ADA requirements; . Install sidewalks along Las Animas A venue and Murray Avenue; · Widen roadways to accommodate bicycles; and . Install bicycle facilities along access roads and at the project site. Party responsible for implementation: Applicant II , , I . , . , i II , I Party responsible for monitoring: Gilroy Engineering Division Mitigation Measure 15 Project plans for any development proposed for the project site, subject to the review and approval of the City of Gilroy Planning Division shall include a sedimentation basin adequate for filtering out heavy storm water contaminants such as silt, and grease traps suitable for filtering out other urban pollutants to the extent feasible. Additional measures as presented in "Start at the Source, Design Guidance Manual for Storm Water Quality Protection," prepared by the Bay Area Storm Water Management Agencies Association and "Parking Lot Best Management Practices Manual," prepared by the Santa Clara V alley Urban Run- off Pollution Prevention Program may be required for specific projects. Physical water quality safeguards shall be installed prior to occupancy of the proposed development, and the best management practices plan must be implemented upon occupancy. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division EMC Planning Group Inc. 11 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2005-18 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 1 st day of August, 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 26th day of September, 2005. \') 1-) 'e:)" . (L (~lft/\ J:{ ( C ( t'- City Clerk of the City of Gilroy (Seal)