Ordinance 2011-10
ORDINANCE NO. 2011-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING APPLICATION Z 09-06, A
CHANGE IN ZONING DESIGNATION FROM OS-OPEN
SPACE TO CI-COMMERCIAL INDUSTRIAL ON
APPROXIMATELY 2.5 ACRES LOCATED AT 5400
MONTEREY ROAD, APN 841-31-014
WHEREAS, Vince Fortino submitted application Z 09-06 to change the zomng
designation from Open Space to Commercial Industrial on approximately 2.5 acres ("the
Project"), located at 5400 Monterey Road APN 841-31-014; and
WHEREAS, an Environmental Impact Report ("EIR") entitled Monterey Commercial
Zone Change and Subdivision and Fortino Zone Change was prepared for the Project, State
Clearinghouse #2010062049, including a Draft EIR dated October 18, 2010 and a Final EIR
dated April 25, 2011, all in compliance with the California Environmental Quality Act
("CEQA"); and
WHEREAS, the Planning Commission held a duly noticed public hearing on May 5,
2011, at which time the Planning Commission considered the public testimony, the staff report
dated May 5, 2011 ("Staff Report"), the Final EIR and all other documentation related to
application Z 09-06, and recommended that the City Council certify the Final EIR and approve
said application; and
WHEREAS, the City Council held a duly noticed public hearing on June 6, 2011, at
which time the City Council considered the Staff Report, a supplemental staff report dated June
6,2011, the Final EIR, the public testimony and all other documentation related to application Z
09-06; and
WHEREAS, pursuant to CEQA, the City Council has certified the Monterey Commercial
Zone Change and Subdivision and Fortino Zone Change EIR to have been prepared in
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ORDINANCE NO. 2011-10
compliance with CEQA, and adopted CEQA Resolution No. 2011-39 so certifying and making
all the required findings as to mitigation of each significant effect prior to approving the Project
and adopting the mitigation measures and a Mitigation Monitoring Program; as well as a
Statement of Overriding Considerations for unavoidable or partially mitigated significant effects;
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 will have any
significant effects on the environment not analyzed and reviewed and considered in
the Final EIR as set forth in CEQA Resolution No. 2011-39.
3. The approval of Z 09-06 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 09-06 is hereby approved,
subject to the Mitigation Measures in the Final EIR as summarized in CEQA Resolution No.
2011-39, and the Mitigation Monitoring Program attached hereto as Exhibit "A" and
incorporated herein by this reference.
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ORDINANCE NO. 2011-10
SECTION III
This Ordinance shall be in full force and effect thirty (30) days from and after its passage
and adoption.
PASSED AND ADOPTED this 1 st day of August, 2011, by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, BRACCO,
LEROE-MuNOZ,
WOODWARD and PINHEIRO
DILLON,
TUCKER,
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
APPROVED:
~.
Albert Pinheiro, Mayor
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ORDINANCE NO. 2011-10
EXHIBIT A
FORTINO ZONE CHANGE (Z 09-06)
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 environmental 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 adverse
environmental effects.
The law was passed m 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.
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MITIGATION MONITORING PROGRAM
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 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
environmental impact report.
MONITORING PROGRAM PROCEDURES
The City of Gilroy will use the attached monitoring checklist for the proposed project. The
monitoring program will be implemented as follows:
1. The Gilroy Community Development Department will be responsible for coordination of
the monitoring program, including the monitoring checklist. The Community
Development Department will 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.
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.
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-
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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.
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MITIGATION MONITORING PROGRAM
MITIGATION MONITORING CHECKLIST
Step 1 Prior to approval of Architectural and Site Review,
the following mitigation measures shall be implemented:
Mitigation Measure N-2
The developer(s) shall provide evidence demonstrating that proposed development IS ill
compliance with the City's exterior noise thresholds for commercial or industrial uses.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Monitoring Notes:
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FORTINO ZONE CHANGE
Step 2 Prior to the approval of demolition, grading and
building permits, the following mitigation measures shall be
implemented:
Mitigation Measure A-3
Future redevelopment plans for the project site shall include landscaping plans and buildings
designed consistent with the provisions of General Plan Implementation Action I.H and shall be
submitted to the Planning Division for design review prior to issuance of any building permit.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Monitorine; Notes:
Mitigation Measure AQ-3
For any building constructed prior to 1980, the developer shall consult with the BAAQMD
Enforcement Division prior to commencing demolition to determine permit requirements.
Removal of asbestos-containing building materials is subject to the limitations of District
Regulation 11, Rule 2: Hazardous Materials; Asbestos Demolition, Renovation and
Manufacturing.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Monitorine; Notes:
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MITIGATION MONITORING PROGRAM
Mitigation Measure 810-1
The project applicant shall coordinate pre-construction surveys for nesting birds to be conducted
by a qualified biologist within 30 days prior to tree removal, building demolition, grading and/or
construction, if any of these activities occur during the nesting season (nesting typically occurs
between February through mid-September). If nests are located during pre-construction surveys,
a qualified biologist will establish a 250-foot buffer around each nest for the duration of the
breeding season (until such time as the young are fully fledged) to prevent nest harassment and
brood mortality. Work may proceed prior to mid-September only if a qualified biologist
conducts nest checks and establishes that the young are fully fledged. Every effort shall be made
to avoid removal or impact to known nests within project boundaries. If the removal of trees
known to support nests cannot be avoided, removal of these trees will only occur outside of the
nesting season (mid-September through January). A report documenting the results of the
surveys and plan for avoidance (if needed) will be submitted to the City of Gilroy Planning
Division for review prior to the initiation of ground disturbance.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Planning Division
Monitoring Notes:
Mitigation Measure HWQ-1
The applicant shall comply with all City of Gilroy and Regional Water Quality Control Board
requirements for the proper treatment and retention/detention of storm water. Compliance with
these requirements shall be confirmed prior to issuance of a grading permit.
Party Responsible for Implementation: Applicant
Party Responsible for Monitoring: Gilroy Engineering Division
Monitoring Notes:
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Step 3 During grading and construction, the following
mitigation measures shall be implemented:
Mitigation Measure CR-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,
subject to the review and approval of the Gilroy Planning Division (pursuant to Gilroy General
Plan Policy 5.07):
If archaeological resources are discovered during construction, work shall be halted within 50
meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. 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
Monitoring Notes:
Mitigation Measure CR-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 the language is included in all permits
in accordance with CEQA Guidelines section 15064.5(e), subject to the review and approval of
the City of Gilroy Planning Division:
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
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MITIGATION MONITORING PROGRAM
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:
Applicant
Party Responsible for Monitoring:
Gilroy Planning Division
Monitoring Notes:
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I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2011-10 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 1 st day of August, 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 2nd day of August, 2011.
(Seal)