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Ordinance 2011-02 ORDINANCE NO. 2011-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING APPLICATION Z 10-05 FORA CHANGE IN ZONING DESIGNATION FROM R1 (SINGLE FAMILY RESIDENTIAL) TO R1/PUD (SINGLE-FAMILY RESIDENTIAL- PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 7.6 ACRES LOCATED SOUTH OF SPRIG WAY, BETWEEN RODEO AVENUE AND SANTA TERESA BOULEVARD, APN 783-20-061 WHEREAS, DeNova Homes submitted application Z 10-05 to change the zomng designation from R1 (Single-Family Residential) to R1/PUD (Single-Family Residential-Planned Unit Development) to accommodate a proposal of 41 residences on approximately 7.6 acres ("the Project"), located south of Sprig Way, between Rodeo Avenue and Santa Teresa Boulevard, APN 783-20-061; and WHEREAS, the Planning Commission held a duly noticed public hearing on January 6, 2011, at which time the Planning Commission considered the public testimony, the staff report dated January 6, 2011 ("Staff Report"), the proposed Mitigated Negative Declaration for the Project entitled Rancho Meadows IV Subdivision, and all other documentation related to application Z 10-05, and recommended that the City Council adopt the Mitigated Negative Declaration and approve said application; and WHEREAS, the City Council held a duly noticed public hearing on January 24, 2011, at which time the City Council considered the public testimony, the Staff Report, a supplemental staff report dated January 24, 2011, and all other documentation related to application Z 10-05; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council on January 24, 2011, after consideration of the proposed revised Mitigated Negative Declaration prepared for the Project, adopted the Mitigated Negative Declaration, finding that it 1 ORDINANCE NO. 2011-02 was completed in compliance with CEQA, that it reflects the independent judgment of the City, and that there is no substantial evidence in the entire 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. NOW, THEREFORE, THE CITY COUNCIL FINDS THAT: SECTION I 1. The proposed rezoning is consistent with the intent of the goals and policies of the City's General Plan, and with the intent of the land use designation on the General Plan land Use Map. 2. There is no substantial evidence in the entire record that the Project as mitigated will have a significant effect on the environment. 3. The approval of Z 10-05 will not be detrimental to the public welfare or injurious to persons or property in the vicinity. SECTION II Based on the above fmdings, zoning application Z 10-05 is hereby approved, subject to the mitigation measures and mitigation/monitoring program adopted hereby as set forth in the revised Mitigated Negative Declaration attached hereto as Exhibit "A". SECTION III This Ordinance shall be in full force and effect thirty (30) days from and after its passage and adoption. 2 ORDINANCE NO. 2011-02 PASSED AND ADOPTED this 7th day of March, 2011, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ARELLANO, BRACCO, DILLON, LEROE-MuNOZ, TUCKER NONE WOODWARD and PINHEIRO APPROVED: II ~- cd } lLCkY Cat Tucker, Mayor Pro Tempore . .' 3 ORDINANCE NO. 2011-02 Community Development Department Planning Division EXHIBIT A REVISED MITIGATED NEGATIVE DECLARATION City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 (408) 846-0440 City File Number: TM 10-04 Project # 10090021 Project Description: Name of Project: Rancho Meadows IV Subdivision Nature of Project: Vesting Tentative Map for a Vesting Tentative Map to subdivide one parcel totaling approximately 7.6-acres (Assessor's Parcel Number (APN): 783-20-061) into a planned unit development (PUD) consisting of: 41 single-family residential lots on approximately 5.9 acres; approximately 0.3 acres dedicated to Santa Teresa right-of- way; and approximately 1.4 acres dedicated as public streets.. Lot sizes would range from 5,000 square feet to 9,930 square feet. The project proposes the extension of Cheyenne Drive and Sprig Way to access the project site, which would be linked together by a new roadway called Grande Drive. Off from Cheyenne Drive would be a cul-de-sac called Cheyenne Court. A sound wall along Santa Teresa Boulevard is also proposed by the project. Project Location: Location: The project site is located in the northwestern corner of the City of Gilroy. The project site is bounded by Rodeo Drive to the west, Sprig Way, undeveloped land zoned for Public Facilities, undeveloped land and an existing single family residence zoned for single-family residential use to the north, Santa Teresa Boulevard to the east, and existing residential development along Arapaho Drive to the south. Assessor's Parcel Number: 783-20-061 Entity or Person Undertaking Project: Name: DeNova Homes Address: 1500 Willow Pass Court, Concord, CA 94520 Initial Study: An Initial Study of this project was undertaken and prepared for the purpose of determining if this project may 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. Rancho Meadows IV Subdivision Mitigated Negative Declaration Revised january 20 11 2 Findings and 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 pattern 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 Mitigated Negative Declaration reflects the independent judgment of the City of Gilroy. 5. With the application of the following Mitigation Measures, the proposed project will not have any significant impacts on the environment. MITIGATION MEASURES: Mitigation Measure 1.1 Prior to issuance of building permits, the applicant shall submit to the City of Gilroy for review and approval a detailed landscaping plan that identifies setbacks, landscaping, and design features that are appropriate to preserve and enhance the visual appearance of Santa Teresa Boulevard and demonstrates compliance with City landscape and design requirements (including ordinances and the Consolidated Landscaping Policy). Party responsible for implementation: Party responsible for monitoring: Applicant City of Gilroy, Planning Division Mitigation Measure 1.2 Prior to issuance of building permits, the applicant shall submit to the City of Gilroy for review and approval, detailed sound barrier plans that identify material, and design features that are consistent Rancho Meadows IV Subdivision City of Gilroy Mitigated Negative Declaration Revised january 20 11 3 with, and "blend-in" with, the features currently developed at the gateway entrance along Santa Teresa Boulevard. To minimize aesthetic impacts, it is recommended that the proposed barrier be constructed of an earthen berm/wall combination, where feasible and where consistent with the appearance of existing gateway features. The sound barrier plans must demonstrate that design and materials used in the construction of the proposed barrier are in compliance with Policies 26.04 and 26.05 of the City of Gilroy General Plan and Section 34 of the City of Gilroy Zoning Code. Party responsible for implementation: Party responsible for monitoring: Applicant City of Gilroy, Planning Division Mitigation Measure 3.1 Final improvement plans shall include the following measures to be implemented during grading and construction activities for the proposed project. The measures shall be implemented to adequately control dust and are subject to the review, approval, and modification by the City of Gilroy Engineering and Building Division. 1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day during dry conditions. 2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. 3. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. 4. All vehicle speeds on unpaved roads shall be limited to 15 mph. 5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. 6. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. Rancho Meadows IV Subdivision Mitigated Negative Declaration City of Gilroy Revised january 20 11 4 7. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. 8. Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The phone number of the BAAQMD shall also be visible to ensure compliance with applicable regulations. Party responsible for implementation: Party responsible for monitoring: Applicant City of Gilroy, Building and Engineering Divisons Mitigation Measure 4.1 a The applicant shall retain a qualified biologist to perform focused surveys to determine the presence/absence of special-status plant species, specifically the Santa Cruz tarplant (Holocarpha macradenia) and the Congdon's tarplant (Centromadia parryi ssp. congdonii) which have the potential to occur within and potentially adjacent to (within 25 feet, where appropriate) the proposed project site. These surveys shall be conducted in accordance with CDFG-approved guidelines for conducting field surveys. Specifically, the guidelines are outlined in Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Population and Native Communities. (CDFG 2009). These guidelines require rare plant surveys to be conducted at the proper time of year when rare or endangered species are both "evident" and identifiable. Field surveys shall be scheduled to coincide with known flowering periods and/or during periods of phonological development that are necessary to identify the plant species of concern. Party responsible for implementation: Party responsible for monitoring: Applicant / Qualified Biologist City of Gilroy, Planning Division Mitigation Measure 4.1 b If any state or federally listed, CNPS List 1, or CNPS List 2 plant species are found within or adjacent to (within 25 feet) the proposed project site during the surveys, these plant species shall be avoided to the extent possible. Avoidance measures shall include fencing of the population(s) before construction, exclusion of project activities from the fenced-off areas, and construction monitoring Rancho Meadows IV Subdivision Mitigated Negative Declaration City of Gilroy Revised january 20 11 5 by a qualified biologist. Avoidance areas shall be identified on project plans. If these plants cannot be avoided, the following measures shall be applied: . Before the approval of grading plans or any ground-breaking activity within the project study area, the applicant shall submit a mitigation plan concurrently to CDFG and USFWS (if appropriate) for review and comment, and the applicant may consult with these entities before approval of the plan. The plan shall include mitigation measures for the population(s) to be directly affected. Possible mitigation for the population(s) that would be removed during construction of the project includes implementation of a program to transplant, salvage, cultivate, or re-establish the species at suitable sites (if feasible). The mitigation ratio for directly impacted plant species shall be at a minimum ratio of 2:1. The actual level of mitigation may vary depending on the sensitivity of the species (its rarity or endangerment status), its prevalence in the area, and the current state of knowledge about overall population trends and threats to its survival. Alternatively, replacement credits may be purchased by the applicant at an approved mitigation bank should such credits be available. . Any special-status plant species that are identified adjacent to the project study area, but not proposed to be disturbed by the project, shall be protected by barrier fencing to ensure that construction activities and material stockpiles do not impact any special-status plant species. These avoidance areas shall be identified on project plans. . In some cases involving state-listed plants where it may be necessary to obtain an incidental take permit under Section 2081 of the Fish and Game Code, the applicant shall consult with CDFG to determine the applicability of an incidental take permit. The applicant may be required to prepare an application for this permit. It should be noted that the application for this permit requires a project description, a detailed analysis of impacts to species, and an analysis of the probability of the species' long-term survival as related to the impacts. Party responsible for implementation: Party responsible for monitoring: Applicant / Qualified Biologist City of Gilroy, Planning Division Mitigation Measures 4.2 The project applicant shall retain a qualified biologist approved by the City of Gilroy to conduct preconstruction surveys for San Joaquin kit fox pursuant to the Draft Santa Clara Valley Habitat Plan (December 2010) and written results of preconstruction surveys shall be submitted to USFWS and Rancho Meadows IV Subdivision Mitigated Negative Declaration City of Gilroy Revisedjanuary 2011 6 CDFG within two calendar days after survey completion and before the start of ground disturbance. If no species or suitable dens are identified within the survey area, no additional action is necessary. If San Joaquin kit foxes and/or suitable dens are identified in the survey area, avoidance and minimization measures and construction monitoring shall be implemented pursuant to Condition 20 of the Draft Santa Clara Valley Habitat Plan. Party responsible for implementation: Party responsible for monitoring: Applicant / Qualified Biologist City of Gilroy, Planning Division Mitigation Measure 4.3 The project applicant shall retain a qualified biologist approved by the City of Gilroy to conduct a focused survey for active nests of raptors and migratory birds within and in the vicinity of the construction area, unless proposed construction activities are planned to occur outside of the nesting seasons for local avian species (typically March through August). The focused survey shall occur no more than 30 days prior to the onset of major construction activities. If active nests are located during pre-construction surveys, USFWS and/or California Department of Fish and Game shall be notified regarding the status of the nests. Furthermore, construction activities shall be restricted as necessary to avoid disturbance of the nest until it is abandoned or the biologist deems disturbance potential to be minimal. Restrictions may include establishment of buffer zones or alteration of the construction schedule. Party responsible for implementation: Party responsible for monitoring: Applicant / Qualified Biologist City of Gilroy, Planning Division Mitigation Measure 5.1 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: "If archeological resources or human remains are discovered during construction, work shall be halted within 50 meters (165 feet) of the find until a qualified professional archeologist can evaluate it. If the find is determined to be significant appropriate mitigation measures shall be formulated and implemented (General Plan Policy 5.07)." Rancho Meadows IV Subdivision Mitigated Negative Declaration City of Gilroy Revised january 20 11 7 Party responsible for implementation: Party responsible for monitoring: Applicant City of Gilroy, Planning Division Mitigation Measure 5.2 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 language be included in all permits in accordance with CEQA Guidelines Section 15065.5(e), subject to the review and approval of the Gilroy Planning Department: ''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 descendant (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 for 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: Party responsible for monitoring: Applicant City of Gilroy, Planning Division Mitigation Measure 7.1 Rancho Meadows IV Subdivision Mitigated Negative Declaration City of Gilroy Revised january 2011 8 The project applicant shall specify in final improvement plans the implementation of the following measures during construction activities for the proposed project. The measures shall be implemented as feasible subject to the review and approval by the City of Gilroy Engineering and Building Division. 1. Alternative-fueled (e.g., biodiesel, electric) construction vehicles/equipment of at least 15 percent of the fleet, 2. Local building materials (within 100 miles) of at least 10 percent, and 3. Recycle at least 50 percent of construction waste or demolition materials. Party responsible for implementation: Party responsible for monitoring: Applicant City of Gilroy, Building and Engineering Divisons Mitigation Measure 12.1 Prior to final plan approval, the City shall require that the applicant incorporate the following recommendations into the proposed noise barrier design: . The sound barrier proposed along the eastern property line (along Lots #23 through #30) shall be constructed to a minimum of height of 10-feet above the proposed pad elevations. The sound barrier shall be constructed of masonry block, or material of similar density and usage, with no visible air gaps along the barrier alignment or at the base of the barrier. To minimize aesthetic impacts, the sound barrier shall be constructed of an earthen berm/wall combination as required by mitigation measure MM 1.2. . In addition, another sound barrier shall be constructed along the northern property line of Lot #23 as shown in Figure 12.1. This sound barrier shall be constructed at sufficient length to shield outdoor activity areas and residential structure on Lot #23 from line-of-sight to Santa Teresa Boulevard. The sound barrier shall be a minimum height of 6-feet above pad elevation and constructed of masonry block, or material of similar density and usage, with no visible air gaps along the barrier alignment or at the base of the barrier. For aesthetic purposes, this wall shall be constructed to gradually increase the height in one foot increments to meet the adjoining 10-foot high sound barrier wall along Santa Teresa Boulevard. Party responsible for implementation: Applicant Rancho Meadows IV Subdivision Mitigated Negative Declaration City of Gilroy Revised january 2011 9 Party responsible for monitoring: City of Gilroy, Planning Division Mitigation Measure 12.2 During all phases of construction, the project applicant shall adhere to the following requirements for construction activities with respect to hours of operation and idling and muffling of internal combustion engines: . Noise-generating construction activities shall be limited to the hours between 7:00 AM to 7:00 PM. Monday through Friday, between 9:00 AM to 7:00 PM on Saturdays, with construction prohibited on Sundays and City holidays. . Construction equipment shall be properly maintained and equipped with noise-reduction intake and exhaust mufflers and engine shrouds, in accordance with manufacturers' recommendations. Equipment engine shrouds shall be closed during equipment operation. . Construction vehicles and equipment shall not be left idling for longer than five minutes when not in use. Party responsible for implementation: Applicant Party responsible for monitoring: City of Gilroy, Planning Division Date Prepared: December 6, 2010 End of Review Period: January 10, 2011 David Bischoff, Planning Division Manager Rancho Meadows IV Subdivision Mitigated Negative Declaration City of Gilroy Revisedjanuary 2011 10 I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2011-02 is an original ordinance, or 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 7th day of March, 2011, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 9th day of March, 2011. Sha a Freels, CM City Clerk of the City of Gilroy (Seal)