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Ordinance 2006-03ORDINANCE NO. 2006 -3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING APPLICATION Z 04 -15 FOR A CHANGE IN ZONING DESIGNATION FROM R1 (SINGLE FAMILY RESIDENTIAL) TO RI -PUD (SINGLE FAMILY RESIDENTIAL — PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 1.02 ACRES LOCATED AT 1645 ANSON COURT, NORTHWEST OF MANTELLI DRIVE AND CALLE DEL REY, APN 783 - 36-051 WHEREAS, Glen Loma Group submitted application Z 04 -15 to change the zoning designation from RI (Single Family Residential) to R1 -PUD (Single Family Residential — Planned Unit Development) on approximately 1.02 acres located at 1645 Anson Court, northwest of Mantelli Drive and Calle Del Rey, APN 783 -36 -051; and WHEREAS, the Planning Commission held a duly noticed public hearing on September 1, 2005, continued to October 6, 2005 and to November 3, 2005, at which times the Planning Commission considered the public testimony, the staff report dated August 19, 2005 ( "Staff Report"), and all other documentation related to application Z 04 -15, and recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public hearing on November 21, 2005, at which time the City Council considered the public testimony, the Staff Report, and other documentation related to application Z 04 -15 and continued said application; and WHEREAS, the Applicant met with neighbors on December 12, 2005, and proposed additional conditions in response to the neighborhood concerns, which proposed additional conditions were considered by the City Council at a duly noticed public meeting on December 19, 2005, along with a follow -up staff report dated December 13, 2005; and WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "), the City Council on December 19, 2005, adopted a mitigated Negative Declaration for the 1GB01679748.1 010206 - 04706089 -I- Ordinance No. 2006 -3 project; finding that the it was completed in compliance with CEQA, that it reflects the independent judgment of the City, and that there is no substantial evidence in the record that the project as mitigated will have a significant effect on the environment; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this project approval is based is the office of the City Clerk. SECTION I NOW, THEREFORE, THE CITY COUNCIL FINDS THAT: The proposed rezoning is consistent overall with both 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 -15 is hereby approved, subject to the mitigated Negative Declaration and 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 1GB01679748.1 010206 - 04706089 -2- Ordinance No. 2006 -3 section, subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that any one 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. PASSED AND ADOPTED this 6th day of February, 2006, by the following vote: AYES: COUNCIL MEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VELASCo ATTEST: onda Pellin, City Clerk 1GB01679748.1 010206- 04706089 APPROVED: 4ert inheiro, Mayor -J- Ordinance No. 2006 -3 JAN -17 -2006 16:12 BE°'TNER COHEN 4089382577 P.02 EXHIBIT A Community Development Department Planning Division (408) 846 -0440 NEGATIVE DECLARATION City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 City File Number: A/S O4 -70, TM 04 -18, Z 04-15 ro'eet Descri tion: Name of Project: Anson Court Subdivision Nature of Project: Rezone from RI to RITUD, six -lot residential subdivision, and Architectural & Site Review project Location: Location: 1645 Anson Court. Assessor's Parcel Number: 783 - 36-051 Entity or-Person(s) Undertaking Project; Name: Glen Loma Group Address: 7888 Wren Avenue, Suite D143, Gilroy, CA 95020 Staff Planner: Cydney Casper, ccasper @ci.gilroy.ca.us 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 attached, JAN -17 -2006 16:13 BERLINER COHEN 4089382577 P.03 • August 8, 2005 Anson Court Subdivision 2 final Negative Declaration 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 evideuee the project may have a significant effect on the environment., The following reasons will support these fin&ngs: The proposal is a logical component of the existing land use of this area. Identified adverse impacts are proposed to be mitigated on -site. ➢ The proposed project is consistent with the adopted goals and policies of the General Plan of the City of Gilroy, ➢ City staff independently reviewed the Initial Study, -and this Negative Declaration reflects the independent judgment of the City of Gilroy ➢ With the application of the following Mitigation Measures the proposed project will not have any significant impacts on the environment, Air Quality 1, The following dust control measures shall be incorporated into all permits for the proposed project, subject to the review and approval of the City of Gilroy Engineering Division: a, Water all active construction areas at least twice daily; b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; c. Pave, apply water three tittles daily, or apply (non - toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; d. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; and e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. 2. The following measures shall be incorporated into au project plans, subject to the review and approval of the City of Gilroy Engineering Division: a. The idling time of all construction equipment shall not exceed five minutes; b. Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use; JAN -17 -2006 16:13 BEP'INER COHEN 4089382577 P.04 3 Anson Court Subdivision kal August 8, 2005. Negative Declaration c. All equipment shall be properly tuned and maintained in accordance with the manufacturer's specifications; d. When feasible, alternative fueled or electrical construction equipment shall be used at the project site; e. Use the minimum practical engine size for construction equipment; and L Gasoline- powered equipment shall be equipped with catalytic converters, where feasible. Biological Resources ('bees) 3. prior to completion of the final landscaping plans, a.qualified arborist shall complete an inventory and assessment of the trees proposed for removal and trees that may be impacted by disturbance. All arborist recommendations shall be listed on the final landscape plans. The consulting arborist shall sign the Final Landscape Plans certifying that the plan is consistent with the recommendations made in the arborist's report. 4. In order to protect oak trees on the project site from inadvertent damage by construction equipment during grading and construction activities, native trees that are to be retained and are located within or adjacent to the construction zone shall be identified in grading plans, and the following protective methods employed during construction. a. for trees 12 inches in diameter or greater, install protective fencing 0.5- to 0.75 -foot from the trunk per inch trunk diameter, work within the protected area shall be overseen by a qualified arborist or biologist; b. bridge or tunnel under roots greater than four inches in diameter where exposed. Smaller roots shall be cut by manually digging a trench and cutting exposed roots with a saw, vibrating knife, rock saw, narrow trencher with sharp blades, or other approved root - pruning equipment Any roots damaged during grading , Or excavation shall be exposed to sound tissue and cut cleanly; and, c. avoid soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/or dumping of materials under dripline of trees. Cultural lResourm 5. Due to the possibility that significant buried cultural resources might be found during construction the following language shall be included in 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 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 JAN -17 -2006 16:13 BFI" TNER COHEN i Anson Court Subdivision Negative Declaration 4089382577 4 t!August 8, 2005 the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. 6. In the event of an accidental discovery or recognition of any human retrains to 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 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 sba11 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 associaied 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 MID 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. GeologlrJGeotecbnical 7. The applicant shall comply with the recommendations in the Fault Exploration prepared by Engeo, 2003, and the Geotechnical Exploration Report for the Anson Court Project prepared by Engeo, 2004, subject to review and approval by the City Engineering Division. Recommendations from the fault exploration are as follows: a. Final design shall included a minimum sturctural setback of 20 feet on both side of the fault. b. The loose backfill on the property will require removal and replacement with engineered fill if improvements are proposed across the trench. A qualified consulting firm shall be consulted to verify the trench location during the trench back ill removal and recompaction. 201-i JAN -17 -2006 16;13 BERLINER COHEN 4089382577 P. 36 Anson Court Subdivision 5 Final August S, 2005 Negative Declaration Recommendations from the geotehnical exploration are attached as Exhibit A. Noise $. Prior to issuance bf a buiding permit, the following measures shall be incorporated to project plans to mitigate construction noise, subject to the review and approval of the City of Gilroy Engineering Division: (Modified Gilroy General Plan EIR mitigation measure 4.7 -B) a. Limit construction activity to weekdays between 7 AM and 7 PM and Saturdays and holidays between 9 AM and 7 PM, with no construction on Sundays; b. Require that all internal combustion engine- driven equipment is equipped with mufflers that are in good condition and appropriate for the equipment; c. Locate stationary noise- generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. Date Prepared: June 29, 2005 End of Review Period: August 5, 2005 Date Adopted by City Council; William Faus Planning Division Manager bfaus@ci.gilroy.ca.us JAN -17 -2006 16:13 BF" INER COHEN 4089382577 P.07 Anson Court Subdivision (A/s 04 -70, TM 04 -189 Z 04 -15) Monitoring Prop-ram 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 project approval, which the project proponent is required to complete during and after implementation of the proposed project. The attached checklist is proposed for monitoring the implementation of the mitigation measures. This monitoring checklist contains all appropriate mitigation measures in the negative declaration. MonitorinLy Pro am Procedures The City of Gilroy shall use the attached monitoring checklist for the proposed project. The monitoring program should be implemented as follows: A. 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 monitoring checklist and distributing 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 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. 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 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. D. 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, descnbing the non- compliance and requiring compliance within a specified period of time. If non- compliance still exists at the expiration of the specified period of time, construction may be halted and fines may be imposed at the discretion of the City of Gilroy. JAN -17 -2006 16:13 BEPITNER COHEN 4089382577 P.08 Anson Court Subdivision 2 June 29, 2005 Mitigation Monitoring Program Step 1 Prior to approval of the final map and final improvement plans, the following mitigation measure shall be implemented; 3. Prior to completion of the final landscaping plans, a qualified arborist shall complete an inventory and assessment of the trees proposed for removal and trees that may be impacted by disturbance. All arborist recommendations shall be listed on the final landscape plans. The consulting arborist shall sign the Final Landscape plans certifying that the plan is consistent with the recommendations made in the arborist's report. Party Responsible for implementation; Applicant .Party Responsible for monitoring: Gilroy Planning Division 7. The applicant shall comply with the recommendations in the Fault Exploration prepared by Engeo, 2003, and the Geotechnical Exploration Report for the Anson Court Project prepared by Engeo, 2004, subject to review and approval by the City Engineering Division. Recommendations from the fault exploration are as follows: a. Final design shall included a minimum sturctural setback of 20 feet on both side of the fault. b. The loose backfill on the property will require removal and replacement with engineered fill if improvements are proposed across the trench. A qualified consulting firm shall be consulted to verify the trench location during the trench backfill removal and recompaction. Recommendations from the geotehnical exploration are attached as Exhibit A. Step 2 Prior to approval and issuance of a building permit, the following mitigation measures shall be implemented, 1. The following dust control measures shall be incorporated into all permits for the proposed project, subject to the review and approval of the City of Gilroy Engineering Division: a. 'mater all active construction areas at least twice daily; b, Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; C. 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; d. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; and JRN -17 -2006 16:13 BEP"TNER COHEN 4089382577 P.09 Anson Court Subdivision Mitigation Monitoring program 3 June 29, 2005 e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. Party Responsible for implementation: Applicant Party Responsible for monitoring: Gilroy Engineering Division 2. The following measures shall be incorporated into all project plans, subject to the review and approval of the City of Gilroy Engineering Division: a. The idling time of all construction equipment shall not exceed five minutes; b. Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use; c. All equipment shall be properly tuned and maintained in accordance with the manufacturer's specifications; d. When feasible, alternative fueled or electrical construction equipment shall be used at the project site; e. Use the minimum practical engine size for construction equipment; and £ Gasoline- powered equipment shall be equipped with catalytic converters, where feasible. Party Responsible for implementation: Applicant Party Responsible for monitoring: Gilroy Engineering Division 5. Due to the possibility that significant buried cultural resources might be found during construction the following language shall be included in 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 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 6. 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's included in all permits in accordance with CEQA Guidelines section 15064.5(e): JAN -17 -2006 16:14 BE°'TNER COHEN 4089382577 P.10 Anson Court Subdivision Mitigation Monitoring Program 4 June 292 2005 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 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 property in a location not subject to further disturbance it 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, Party Responsible for implementation: Applicant Party Responsible for monitoring: Gilroy Planning Division Party Responsible for implementation: Applicant Party Responsible for monitoring: Gilroy Planning Division 8. Prior to issuance of a buiding permit, the following measures shall be incorporated to project plans to mitigate construction noise, subject to the review and approval of the City of Gilroy Engineering Division: (Modified Gilroy General Plan EIR mitigation measure 4.7 -B) a. Limit construction activity to weekdays between 7 AM and 7 PM and Saturdays and holidays between 9 AN4 and 7 PN4, with no construction on Sundays; b. Require that all internal combustion engine -driven equipment is equipped with snufflers that are in good condition and appropriate for the equipment; c. Locate stationary noise - generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. JAN -17 -2006 16:14 BEr "TNER COHEN 4089382577 P.11 Anson Court Subdivision Mitigation Monitoring Program 5 June 29, 2005 Party Responsible for implementation: Applicant Party Responsible for monitoring: Gilroy Engineering Division Step 3 During Construction, the following mitigation measure shall be implemented: 4. In order to protect oak trees on the project site from inadvertent damage by construction equipment during grading and construction activities, native trees that are to be retained and are located within or adjacent to the construction zone shall be identified in grading plans, and the following protective methods employed during construction, a, for trees 12 inches in diameter or grater, install protective fencing 0,5- to 0.75 -feet from e the trunk per inch trunk diameter; work within the protected area shall be overseen by a qualified arborist or biologist; b. bridge or tunnel under roots greater than four inches in diameter where exposed. Smaller roots shall be cut by manually digging a trench and cutting exposed roots with a saw, vibrating knife, rock saw, narrow trencher with sharp blades, or other approved root - pruning equipment. Any roots damaged during grading or excavation shall be exposed to sound tissue and cut cleanly, and, c. avoid soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/or dumping of materials under dripline of trees. Party Responsible for implementation: Applicant Parry Responsible for monitoring: Gilroy Planning Division TOTAL P.11 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2006 -03 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 6th day of February, 2006, 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 21 st day of February, 2006. 'L � ?4j City Clerk of the City of Gilroy (Seal)