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Ordinance 2007-18 ORDINANCE NO. 2007-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING APPLICATION Z 05-11 FOR A CHANGE IN ZONING DESIGNATION FROM COMMERCIAL INDUSTRIAL (CM) TO DOWNTOWN EXPANSION DISTRICT (DED) ON APPROXIMATELY 6.29 ACRES LOCATED AT 200 EAST TENTH STREET, (APNS 841-16-029,841-16-061 and 841- 16-004). WHEREAS, San Y sidro Square submitted application Z 05-11 to change the zoning designation from Commercial Industrial (CM) to Downtown Expansion District (DED) on approximately 6.29 acres located at 200 East Tenth Street, APNS 841-16-029, 841-16-061 and 841-16-004, ("the Project"); and WHEREAS, the Planning Commission held a duly noticed public hearing on June 7, 2007, at which time the Planning Commission considered the public testimony, the staff report dated May 10, 2007 ("Staff Report"), and all other documentation related to application Z 05-11, and recommended that the City Council approve the Mitigated Negative Declaration, and approve said application; and WHEREAS, the City Council held a duly noticed public hearing on September 17,2007, at which time the City Council considered the public testimony, the Staff Report, a supplemental staff report dated July 9,2007, and all other documentation related to application Z 05-11; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council on September 17, 2007 adopted a Mitigated Negative Declaration for this Project, finding on the basis of the whole record before the City that it was prepared in compliance with CEQA, reflects the independent judgment of the City, and that there is no substantial evidence that the project as mitigated will have a significant impact to 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: ILLEZOTTE1738258.1 091907-04706089 -1- Ordinance No. 2007-18 1. The proposed rezoning (DED) is consistent with the intent of the goals and policies of the City's General Plan as amended by GPA 05-02. 2. The subject property is located within the incorporated City limit, and the public utilities and infrastructure improvements needed to serve the proposed project are in place, and any development will be required to complete the street frontage improvements. 3. The proposal is consistent with the intent of the goals and policies of the Downtown Specific Plan, as this is the only logical extension of the Downtown Specific Plan Boundary. 4. There is no substantial evidence in the entire record that there will be any significant environmental impacts as a result of this Project that were not addressed in the Mitigated Negative Declaration and the mitigation measures required for this Project. SECTION II Based on the above findings, zoning application Z 05-11 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 from its approval and adoption, if and only if Resolution No. 2007-73 approving GP A 05-02 is adopted and that Resolution takes ILLEZOTTE1738258.1 091907-04706089 -2- Ordinance No. 2007-18 effect prior to or on the 30th day after adoption of this Ordinance. If Resolution No. 2007-73, does not timely take effect, then this Ordinance without any further action by the City is void, and Z 05-11 is denied. PASSED AND ADOPTED this 15TH day of October, 2007, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, CORREA, GARTMAN, V ALIQUETTE, VELASCO, and PINHEIRO NONE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BRACCO APPROVED: s;;~. Albert Pinherio, Mayor A T1;EST: (i/ X L Sha,a Freels, City Clerk / ILLEZOTTEI738258.1 091907-04706089 -3- Ordinance No. 2007-18 ",-", ... Community Development Department Planning Division NEGATIVE DECLARATION City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 (408) 846-0440 City File Number: GPA 05-02 (05070010) and Z 05-11 (05070009) Proiect Description: Name of Project: Nature of Project: San Ysidro Square Residential Development A Planned Unit Development application consisting of a General Plan Amendment, a Tentative Map, and Architectural and Site Review to create 198 mixed-family residential units on a 6.85-acre site. Proiect Location: Location: The project site is located in the northern portion of the City of Gilroy and within Santa Clara County. The site is bounded by 10th Street, Alexander Street, Banes Lane, and Union Pacific/Caltrain railroad tracks. Assessor's Parcel Number: 841-16-029, 004, and 061 Entitv or Person(s) Undertakina Proiect: Name: Address: Tony Sudol, ACS Ventures 765 Wisteria Drive, 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 Community Development Department, 7351 Rosanna Street, Gilroy, CA 95020. Findinas & 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. San Ysidro Square Residential ~Iopment Negative Declaration 2 .. .iI" April 2007 4. City staff independently reviewed the Initial Study, and this Negative Declaration reflects the independent judgment of the City of Gilroy. Mitiaation Measures: Prior to approval and issuance of the final improvement plans, the following mitigation measures shall be implemented: 1. 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: Party responsible for implementation: Party responsible for monitoring: Implementation: Applicant Gilroy Engineering Division During construction The following measures shall be implemented: 1. Water all construction areas at least twice daily; 2. Cover all trucks hauling soil, sand, and other loose materials; 3. Apply clean gravel, water, or non-toxic soil stabilizers on all unpaved access roads, parking areas and staging areas at constructions sites; 4. Remove excess soils from paved access roads, parking areas and staging areas at construction sites; 5. Sweep streets daily (with mechanical sweepers) if visible soil material is carried onto adjacent publiC streets; 6. Hydroseed or apply non-toxic soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); 7. Enclose, cover, water twice daily, or apply non-toxic soil binders to exposed stockpiles (dirt, sand, etc.); 8. Limit traffic speeds on unpaved roads to 15 miles per hour; 9. Install sandbags or other erosion control measures to prevent silt runoff to public roadways; 10. Replant vegetation in disturbed areas as soon as possible; 11. Install wheel washers for all exiting trucks or wash off the tires or tracks of all trucks and equipment leaving the construction site; 12. Install wind breaks at the windward sides of the construction areas; and 13. Suspend excavation and grading activities when wind (as instantaneous gusts) exceeds 25 miles per hour; 14. The idling of all construction equipment shall not exceed five minutes; 15. Limit the hours of operation of heavy duty equipment and/or the amount of equipment in use; 16. All equipment shall be properly tuned and maintained in accordance with the manufacturer's specifications; 17. When feasible, alternative fueled or electrical construction equipment shall be used for the project site; 18. Use the minimum practical engine size for construction equipment; and 19. Gasoline-powered equipment shall be equipped with catalytic converters, where feasible. San Ysidro Square Residential ~Iopment Negative Declaration 3 ,,, April 2007 2. A soil management plan shall be developed to establish procedures in the event unexpected contamination is encountered during demolition activities. The soils report shall be subject to review and approval by the City of Gilroy Engineering Division prior to issuance of building permits. Party responsible for implementation: Party responsible for monitoring: Implementation: Applicant Gilroy Engineering Division Prior to Building Permit approval 3. A Phase II investigation shall be performed to evaluate soil and groundwater quality at the site and the recommendations of the Phase II shall be implemented. Party responsible for implementation: Party responsible for monitoring: Implementation: Applicant Gl1roy Engineering Division Prior to Building Permit approval 4. Asbestos and lead-based paint surveys shall be performed at the site prior to building renovations or demolition. Party responsible for implementation: Party responsible for monitoring: Implementation: Applicant Gilroy BLES Division Prior to Demolition Permit approval 5. Gasoline and propane ASTs remaining on the subject property shall be removed in accordance with applicable regulations. Party responsible for implementation: Party responsible for mom1oring: Implementation: Applicant Gilroy Fire Marshal Prior to Building Permit approval 6. Leakage from building operational system equipment shall be repaired and leaked oil cleaned up. Party responsible for implementation: Party responsible for monitoring: Implementation: Applicant Gilroy Fire Marshal Prior to Building Permit approval 7. Prior to the earth disturbing activities of construction, the site will be surveyed for archaeological resources. This mitigation measure shall be subject to the review and approval of the Planning Division. Party responsible for implementation: Party responsible for monitoring: Implementation: Applicant Gilroy Planning Division Prior to and during Demolition 8. Prior to implementation of the project and demolition of existing buildings, the site should be surveyed to determine the age of the buildings and to assess their potential as historical resources. This mitigation measure shall be subject to the review and approval of the Planning Division. Party responsible for implementation: Party responsible for monitoring: Implementation: Applicant Gilroy Planning Division Prior to and during Demolition Prior to approval and issuance of a grading or building permit, the following mitigation measures shall be implemented: 9. Subject to the review and approval of the Planning Division, new outdoor lighting shall be directed on-site and designed and installed with shielding. San Ysidro Square Residential ~Iopment Negative Declaration 4 '<<, oil" April 2007 Party responsible for implementation: Party responsible for monUoring: Implementation: Applicant Gilroy Planning Division Shown at Building Permit submUtal 10. The project shall comply with applicable Gl1roy General Plan policies and actions and with the City's Lighting Standards. Party responsible for implementation: Party responsible for monitoring: Implementation: Applicant Gilroy Planning Division Shown at Building Permit submittal 11. Fire Sprinkler systems shall be installed per NFPA 13D in the duet homes and 13R in the apartment buildings. Systems are subject to review and approval by the Fire Marshal. Party responsible for implementation: Party responsible for monitoring: Implementation: Applicant Gilroy Fire Marshal Shown at Building PermU submUtal 12. 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. Party responsible for implementation: Party responsible for monUoring: Implementation: Applicant Gl1roy Planning Division During construction activmes 13. 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 if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. Party responsible for implementation: Party responsible for monUoring: Implementation: Applicant Gilroy Planning Division During construction activities 14. 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 to mitigate impacts associated with expansive soils. The soils report shall be subject to review and approval by the City of Gilroy Engineering Division prior to issuance of building permits. San Ysidro Square Residential ~Iopment Negative Declaration 5 ","", April 2007 Party responsible for implementation: Party responsible for monitoring: Implementation: Applicant Gilroy Engineering Division Prior to Building Permit approval 15. The project applicant shall design all structures in accordance with the California 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 Engineering Division prior to the issuance of building permits. Party responsible for implementation: Party responsible for mom10ring: Implementation: Applicant Gilroy Engineering Division Prior to Building Permit approval 16. 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 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. Party responsible for implementation: Party responsible for monitoring: Implementation: Applicant Gilroy Engineering Division Prior to Building Perml1 approval 17. The project applicant shall submit a soils investigation prepared by a qualified soils engineer for the proposed project. The soils report shall assess potential geologic hazards and determine if these hazards can be adequately mitigated (GP Action 25.E). The report shall also identify if impacts are significant and if special design is required in the 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 building permits. Party responsible for implementation: Party responsible for monitoring: Implementation: Applicant Gilroy Engineering Division Prior to Building Permit approval 18. Prior to issuance of a grading permit, the applicant shall submit a Notice of Intent to the Central Coast Regional Water Quality Control Board to obtain a General Construction Stormwater Permit for the project. A Storm Water Pollution Prevention Program (SWPPP) shall be developed in compliance with this permit that achieves the following four major objectives. The SWPPP shall also be submitted to the City of Gilroy Engineering Division prior to issuance of a grading permit. Party responsible for implementation: Party responsible for monitoring: Implementation: Applicant Gilroy Engineering Division Prior to Grading Permit approval . Identify pollutant sources, including sources of sediment that may affect the quality of storm water discharges from the construction site. . Identify non-storm water discharges. . Identify, construct, implement in accordance with a time schedule, and maintain Best Management Practices (BMPs) to reduce or eliminate pollutants in storm water discharges and authorized non- storm water discharges, from the construction site during construction; and . Identify, construct, and implement in accordance with a time schedule, and assign maintenance responsibilities for post-construction BMPs. These measures would be installed and implemented during construction to reduce or eliminate pollutants after construction is completed. 19. 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 San Ysidro Square Residential ~Iopment Negative Declaration 6 April 2007 a.m. and 7:00 p.m. and to Saturday and City holidays between 9:00 a.m. and 7:00 p.m. No construction is allowed on Sundays or City Holidays". Party responsible for implementation: Party responsible for monitoring: Implementation: Applicant Gilroy BLES Division During demolUion and construction 20. All construction equipment engines shall be properly tuned and muffled according to manufacturers' specifications. Party responsible for implementation: Party responsible for monUoring: Implementation: Applicant Gilroy BLES Division During demolition and construction 21. 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. Party responsible for implementation: Party responsible for monitoring: Implementation: Applicant Gilroy BLES Division During demolition and construction 22. 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. Party responsible for implementation: Party responsible for monitoring: Implementation: Applicant Gilroy BLES Division During demolUion and construction 23. 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 the residential uses. Party responsible for implementation: Party responsible for monitoring: Implementation: Applicant Gilroy BLES Division During demolition and construction 24. Provide a solid noise barrier along the western edge of the podium courtyard extending 20 feet above the courtyard elevation. The barrier could be constructed from a solid material such as CMU or plaster, or a combination of materials. The barrier should be solid from bottom to top with no cracks or gaps, and should have a minimum surface density of 3 pounds per square foot. Additional details should be determined during the design phase. Party responsible for implementation: Party responsible for monUoring: Implementation: Applicant Gilroy BLES Division During demolition and construction 25. Extend the community/recreation building into an "L" shape to effectively block the line-of-sight between the railroad tracks and pool area, cabanas, and tot lot. The community/recreation building should be at least 16 feet tall. Party responsible for implementation: Party responsible for monitoring: Implementation: Applicant Gilroy Planning Division Prior to Building Permit approval San Ysidro Square Residential D~lopment Negative Declaration 7 ", 'OJ' April 2007 26. Move the westernmost townhouse in Buildings 5, 6, and 9 6 feet further to the north and provide solid western walls of at least 8 feet tall to decks and balconies. This will increase shielding from rail activity at the pool and cabana area as well as at other residences in the townhouse building. Additional details shall be determined during the design phase. Party responsible for implementation: Party responsible for monitoring: Implementation: Applicant Gilroy Planning Division Prior to Building Permit approval 27. Exterior facades of some units shall be sound-rated. Recommendations for sound-rated construction will depend on the size of rooms, windows and exterior facades, and shall be determined during the design phase. Preliminary estimates indicate that windows and doors on the condominium units on the East Tenth Street facade shall require a minimum of Sound Transmission Class (STC) rating of 33 to 36, the Alexander facade a minimum STC rating of 30 to 33, windows and doors on the southern facade shall require an STC rating of 26 to 36, and windows and doors in the courtyard shall require a minimum STC rating of 26 to 28. Estimates for the windows and doors on the townhouse buildings for units nearest to the railroad (buildings 5, 6, and 9) shall require a minimum STC rating of 34 to 36, the Alexander facade shall require a minimum STC rating of 26 to 28, and windows and doors on the southern units (building 3) shall require an STC rating of 31 to 33. Window and door ratings must be for the complete assemblies, including frames and operable sashes. Sound insulation ratings for the windows and doors shall be based on tests conducted by an NVLAP accredited laboratory. Party responsible for implementation: Party responsible for mom1oring: Implementation: Applicant Gilroy BLESDivision Prior to Building Permit approval 28. Exterior wall assemblies shall consist of 3-coat plaster on the outside of 2x4 wood studs with batt insulation in the stud cavity and 1-layer of gypsum board on the interior. Exterior walls nearest to and facing or perpendicular to the railroad track shall be double or staggered-stud assemblies with 3-coat plaster on the outside, batt insulation in the stud cavities and 2-layers of gypsum board on the interior. Further details shall be determined during the design phase. Party responsible for implementation: Party responsible for monitoring: Implementation: Applicant Gilroy BLES Division Prior to Building Permt1 approval 29. At the time that the final architectural drawings are available for review, the sound-rated window and construction requirements for all building types and locations throughout the project site shall be reevaluated by a qualified acoustician. Party responsible for implementation: Party responsible for monUoring: Implementation: Applicant Gilroy BLES Division Prior to Building Permit approval 30. Where windows and/or doors must be closed to achieve the interior noise standard, the California Building Code requires "ventilation or air-conditioning system to provide a habitable environment." This applies to all units and should be discussed with the project mechanical engineer. The system must not compromise the sound insulation of the exterior wall assemblies. Party responsible for implementation: Party responsible for monitoring: Implementation: Applicant Gilroy BLES Division Prior to Building Permit approval 31. Potential noise level exceedances must be disclosed to future residents prior to purchase of the units. San Ysidro Square Residential ~Iopment Negative Declaration 8 April 2007 Party responsible for implementation: Party responsible for monUoring: Implementation: Applicant Gilroy Planning Division Written into CC&R's 32. The applicant shall provide parking in compliance with the Zoning Ordinance subject to the review and approval of the Planning Division. Party responsible for implementation: Party responsible for monitoring: Implementation: Applicant Gl1roy Planning Division Prior to Building Permit approval 33. Eastbound and westbound protected left-turn phasing shall be installed at the intersection of Monterrey Street and Tenth Street, unless installed by other development projects prior to final occupancy. Party responsible for implementation: Party responsible for monitoring: Implementation: Applicant Gilroy Engineering Division Prior to Building Permit approval 34. If the school attendance areas are modified and the project site is added to the attendance area for Elliot School (to the north), then high-visibility crosswalks shall be installed at the Alexander Street/Tenth Street intersection to replace the standard crosswalks and add more emphasis to the pedestrian crossing location. Party responsible for implementation: Party responsible for monitoring: Implementation: Applicant Gilroy Engineering Division Prior to Building Permit approval 35. At the intersection of Monterrey Street and Tenth Street, the following improvements are necessary to restore acceptable operating conditions: (1) add a second southbound left-turn lane, (2) add a second northbound left-turn lane, (3) add a second westbound left-turn lane, and (4) add a third eastbound through lane. These improvements would require widening the intersection, which likely would require right-of-way acquisition. With these improvements in place, this intersection would operate at LOS C during the AM peak hour and at LOS D during the PM and Saturday peak hours under General Plan buildout conditions. Upgrading Tenth Street to a six-lane facility east of Monterey Street is planned in the City's Traffic Circulation Master Plan, and is included in the City's Traffic Impact Fee (TIF) Program. Additionally, the City has indicated that the long-term plan for Tenth Street likely would include widening it to four lanes from Monterey Street to Santa Teresa Boulevard, to be accomplished through the Traffic Impact Fee (TIF) program. Since the project is one of many potential development projects that would contribute to the unacceptable operating conditions at this intersection, the project should make a fair- share contribution toward the cost of the necessary improvement. Since, the intersection improvements necessary under cumulative conditions at this location would be funded by the City's TIF program, a fair- share contribution would be payment of City traffic impact fees for the project. Party responsible for implementation: Party responsible for monitoring: Implementation: Applicant Gilroy Engineering Division Prior to Building Permit approval 36. The appropriate bike route signage shall be added on Tenth Street between Monterrey Street and Chestnut Street to accommodate bicycle travel associated with the project. Party responsible for implementation: Party responsible for mom10ring: Implementation: Applicant Gilroy Engineering Division Prior to Building Permit approval 37. Bike parking shall be provided in the automobile parking areas for long-term use by residents. Bike racks shall be provided conveniently near building entrances. San Ysidro Square Residential ~Iopment Negative Declaration 9 April 2007 Party responsible for implementation: Party responsible for mom1oring: Implementation: Applicant Gilroy Planning Division Prior to Building Permit approval 38. The perpendicular spaces and parking stalls shall be designed so that the proposed drive aisle widths are 25-feet wide in order to satisfy City standards. Party responsible for implementation: Party responsible for monitoring: Implementation: Applicant Gilroy Engineering Division Prior to Building Permit approval 39. At the intersection of Church Street and Tenth Street, the improvements necessary to maintain acceptable operating conditions (LOS C or better) at this intersection include: (1) adding a second westbound through lane on Tenth Street, (2) widening the east leg to accommodate the additional westbound lane, and (3) widening the north leg to add a second southbound left-turn pocket. The widening on the east and north legs would require right-of-way acquisition on the northeast corner of the intersection. The City of Gilroy has indicated that the long-term plan for Tenth Street likely would include widening it to four lanes from Monterey Street to Santa Teresa Boulevard. The improvements described above make up a portion of the improvements necessary to upgrade Tenth Street four lanes. Party responsible for implementation: Party responsible for mom10ring: Implementation: Applicant Gilroy Engineering Division Prior to Building Permit approval Date Prepared: April 17, 2007 End of Review Period: May 21,2007 Date Adopted by City Council: Gregg Polubinsky Planning Division gregg.polubinsky@ci.gilroy.ca.us I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2007-18 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 15th day of October, 2007, 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 23rd day of October, 2007. (Seal)