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Ordinance 2012-14ORDINANCE NO. 2012-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING APPLICATION Z 12 -02 FOR A CHANGE IN ZONING DESIGNATION FROM GD (GATEWAY DISTRICT) TO GD/PUD (GATEWAY DISTRICT /PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 7.45 ACRES LOCATED ON MONTEREY STREET, BETWEEN TENTH STREET AND LUCHESSA AVENUE, APN 799 -33 -048 THROUGH 064 WHEREAS, Signature Development Group (the "Applicant ") submitted application Z12- 02 to change the zoning designation from GD (Gateway District) to GD/PUD (Gateway District /Planned Unit Development) on approximately 7.45 acres ( "the Project "), located on the west side of Monterey Street, between Tenth Street and Luchessa Avenue, APN 799 -33 -048 through 064; and WHEREAS, the Planning Commission held a duly noticed public hearing on October 4, 2012, at which time the Planning Commission considered the public testimony, the staff report dated October 4, 2012 ( "Staff Report") and all other documentation related to application Z 12- 02, and recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public hearing on November 5, 2012 at which time the City Council considered the public testimony, the Staff Report, a supplemental staff report dated November 5, 2012 and all other documentation related to application Z 12 -02; and WHEREAS, because Section 26 of the Zoning Ordinance provides that a Planned Unit Development Combining District such as requested by this application requires a higher standard of amenities in exchange for the ability to reduce setbacks and vary from street standards for the Project, the Applicant is required to and has agreed to meet the amenity requirement by providing a 43 +/- foot wide greenway along Monterey Street that includes a piece of public art; \JHk1073543.4 1 103012- 04706089 ORDINANCE NO. 2012-14 installing a "Welcome to Gilroy" archway sign leading into the Downtown; providing a 0.6 -acre private park at the southern end of the site; and providing a 3,470 + /- square -foot open space area at the northern end of the site; and WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "), an expanded Initial Study was prepared for this site as part of the Eleventh Street Commons /James Suner General Plan Amendment and Zone Change Project (GPA 04 -03, Z 04 -09, TM 06 -11, and A/S 06 -44); and in May 2005, the City Council adopted a Negative Declaration and a Mitigation Monitoring Program with 15 mitigation measures that would avoid the potentially significant effects resulting from development of the Eleventh Street Commons /James Suner General Plan Amendment and Zone Change Project, to a point where no significant impacts will occur; and the City prepared an addendum Negative Declaration that determined that the adopted Negative Declaration is adequate to meet the CEQA requirements of the revised project; 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: 1. The proposed rezoning is consistent with intent of the goals and policies of the City's General Plan, and with intent of the land use designation on the General Plan Land Use Map. 2. The Project will not be detrimental to the public welfare or injurious to persons or property in the vicinity. THE CITY COUNCIL FURTHER FINDS THAT the Project is subject to the following conditions: 1. Applicant shall provide the following Project amenities: (1) a 43 +/- foot wide greenway along Monterey Street that includes a piece of public art; (2) a "Welcome to 1JH11073543.4 2 103012-04706W9 ORDINANCE NO. 2012 -14 Gilroy" archway sign leading into the Downtown; (3) a 0.6 -acre private park at the southern end of the site; and (4) a 3,470 + /- square -foot open space area at the northern end of the site. 2. Pursuant to the Zoning Ordinance Section 26 et seq., all Project site and building requirements will be set forth in the Planned Unit Development Approval pursuant to Zoning Ordinance Section 50.50, and the Planned Unit Development Approval application A/S 12 -29 is being processed concurrently with this Ordinance. 3. This rezoning to GD/PUD (Gateway District/Planned Unit Development) is hereby approved subject to the Project amenities described above and to the 15 Mitigation Measures and the Mitigation Monitoring Reporting Program for the Eleventh Street Commons /James Suner General Plan Amendment and Zone Change Project (GPA 04 -03, Z 04 -09, TM 06 -11, and A/S 06 -44), which is attached hereto as Exhibit "A," and the September 2012 Initial Study Addendum, attached hereto as Exhibit `B." PASSED AND ADOPTED this 19th day of November, 2012, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, DILLON, LEORE- MUNOZ, TUCKER, and PINHEIRO NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: \M1073543.4 103012-04706089 NONE BRACCO, WOODWARD iro, Mayor 3 ORDINANCE NO. 2012-14 Community Development Department Planning Division ADDENDUM MITIGATED NEGATIVE DECLARATION City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 (408) 846 -0440 City File Number: Z 12 -02, A/S 12 -29, TM 12 -02 Project Description: Name of Project: Eleventh Street Commons Project Nature of Project: Development of 60 Duet Homes Project Location: Location: The project site is located just outside of downtown Gilroy immediately south of the Platinum Theatres. Surrounding land uses include the Platinum Theatre and parking lot located north of the project site; residential uses along London Place located south of the project site; residential uses along Garden Court located west of the project site; and commercial uses along Monterey Street located east of the project site. Assessor's Parcel Numbers: 799 -33 -048 through 799 -33 -064 Entity or Person(s) Undertaking Project: Name: Signature Development Group Address: 2201 Broadway, Suite 604, Oakland, CA 94612 Eleventh Street Commons Project 2 September 2012 Addendum Mitigated Negative Declaration 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 Planning Department, 7351 Rosanna Street, Gilroy, CA 95020. 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 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. 4. City staff independently reviewed the Initial Study, and this Negative Declaration reflects the independent judgment of the City of Gilroy. Mitigation Measures: The following mitigation measures shall be implemented prior to issuance of a grading permit: AM AQ -1.1: The following avoidance measures shall be implemented during all phases of construction per BAAQMD's Basic Construction Mitigation Measures to prevent visible dust emissions from leaving the project site: • Water all active construction areas at least twice daily or as often as needed to control dust emissions. • Cover all trucks hauling soil, sand, and other loose materials and /or ensure that all trucks hauling such materials maintain at least two feet of freeboard. • Pave, apply water twice daily, or as often as necessary, to control dust, or apply non -toxic soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites. • Sweep daily, or as often as needed, with water sweepers all paved access roads, parking areas and staging areas at construction sites to control dust. • Sweep adjacent public streets daily, or as often as needed, to keep streets free of visible soil material. • Hydroseed or apply non -toxic soil stabilizers to inactive construction areas. Eleventh Street Commons Project 3 September 2012 Addendum Mitigated Negative Declaration • Enclose, cover, water twice daily or apply non -toxic soil binders to exposed stockpiles (dirt, sand, etc.). • Limit vehicle traffic speeds on unpaved roads to 15 mph. • Replant vegetation in disturbed areas as quickly as possible. • Install sandbags or other erosion control measures to prevent silt runoff to public roadways. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division MM 113I0-1: To reduce impacts to nesting raptors to a less than significant level, the project will implement the following measures: Should project construction be scheduled to commence between February 1 and August 31, a pre- construction survey shall be conducted by a qualified biologist for nesting birds within all trees within 250 feet of the site. This survey shall occur within 30 days of the on -set of construction. If pre- construction surveys undertaken during the nesting season locate active nests within or near construction zones, these nests, and an appropriate buffer around them (as determined by a qualified biologist) shall remain off - limits to construction until the nesting season is over. Suitable setbacks from occupied nests shall be established by a qualified biologist and maintained until the conclusion of the nesting season. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division MM 113I0-2: The project proposes to implement the following measures identified in the 2005 IS /MND to avoid or reduce impacts to burrowing owls. Subject to the review of the City of Gilroy Planning Division, no more than 30 days prior to commencement of grading or construction activities on the project site, field surveys shall be conducted by a qualified biologist to determine if burrowing owls are present in the construction zone or within 200 feet of the construction zone. Areas within 200 feet of the construction zone that are not within the control of the applicant shall be visually assessed from the project site. These surveys shall be required only if any construction would occur during the nesting and /or breeding season of burrowing owls (February 7 through August 31) and /or during the winter residency period (December 1 through January 31). If active nests are found in the survey area, a burrowing owl habitat mitigation plan shall be submitted to the California Department of Fish and Game for review and approval. The burrowing owl habitat mitigation plan shall contain mitigation measures outlined in the California Department of Fish and Game Staff Report on Burrowing Owl Mitigation (California Eleventh Street Commons Project 4 September 2012 Addendum Mitigated Negative Declaration Department of Fish and Game 1995). Compliance with this mitigation measure may include, but not be limited to, the following: • Avoidance of occupied burrows during the nesting season (February 1 through August 31); • Acquisition, protection and funding for long -term management and monitoring of foraging habitat adjacent to occupied habitat, • Enhancement of existing burrows and /or creation of new burrows; • Passive relocation of burrowing owls. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division MM CUL -1: The following mitigation measures will be implemented during construction to avoid significant impacts to buried cultural resources: In the event that prehistoric or historic resources are encountered during excavation and /or grading of the site, all activity within a 50 -foot radius of the find will be stopped, the Director of Planning will be notified, and the archaeologist will examine the find and make appropriate recommendations prior to issuance of building permits. Recommendations could include collection, recordation, and analysis of any significant cultural materials. A report of findings documenting any data recovery during monitoring would be submitted to the Director of Planning and Inspection. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division MM CUL -2: The project proposes to implement the following measures identified in the 2005 IS /MND to avoid or reduce impacts to buried human remains: 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 following language is included in all permits in accordance with CEQA Guidelines Section 75064.5(e), subject to the review and approval of the 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 Eleventh Street Commons Project 5 Addendum Mitigated Negative Declaration September 2012 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 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 MM CUL -3: The following mitigation measures are identified to avoid or reduce significant paleontological impacts to a less than significant level: If vertebrate fossils are discovered during construction, all work on the site will stop immediately until a qualified professional paleontologist can assess the nature and importance of the find and recommend appropriate treatment. Treatment may include preparation and recovery of fossil materials so that they can be housed in an appropriate museum or university collection and may also include preparation of a report for publication describing the finds. The City of Gilroy will be responsible for ensuring that the recommendations of the paleontological monitor regarding treatment and reporting are implemented. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Planning Division Eleventh Street Commons Project 6 September 2012 Addendum Mitigated Negative Declaration MM HYDA : The applicant shall design the proposed project to ensure that the potential damage due to flooding is minimized and that protection from the potential impacts of flooding during the one percent or "100 -year flood" is incorporated into the design prior to approval of final improvement plans. The lowest finished floor elevation shall be a minimum of one foot above the highest flood depth identified in the FEMA FIRM (food depth of three feet at a base elevation of 195 feet). Final building plans shall be subject to review and approval by the City of Gilroy Building and Engineering Divisions. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Building & Engineering Divisions MM HYD -2: The following measures, based on RWQCB BMPs, have been included in the project to reduce construction - related water quality impacts. All mitigation will be implemented prior to the start of earthmoving activities on -site and will continue until the construction is complete. • Burlap bags filled with drain rock shall be installed around storm drains to route sediment and other debris away from the drains. • Earthmoving or other dust - producing activities shall be suspended during periods of high winds. • All exposed or disturbed soil surfaces shall be watered at least twice daily to control dust as necessary. • Stockpiles of soil or other materials that can be blown by the wind shall be watered or covered. • All trucks hauling soil, sand, and other loose materials shall be required to cover all trucks or maintain at least two feet of freeboard. • All paved access roads, parking areas, staging areas and residential streets adjacent to the construction sites shall be swept daily (with water sweepers). • Vegetation in disturbed areas shall be replanted as quickly as possible. • All unpaved entrances to the site shall be filled with rock to knock mud from truck tires prior to entering City streets. A tire wash system may also be employed at the request of the City. • A Storm Water Permit will be administered by the RWQCB. Prior to construction grading for the proposed land uses, the project proponent will file a "Notice of Intent" (NOI) to comply with the General Permit and prepare a SWPPP which addresses measures that would be included in the project to minimize and control construction and post- construction runoff. Measures will include, but are not limited to, the aforementioned RWQCB mitigation. • The project proponent will submit a copy of the draft SWPPP to the City of Gilroy for review and approval prior to start of construction on Eleventh Street Commons Project 7 September 2012 Addendum Mitigated Negative Declaration the project site. The certified SWPPP will be posted at the project site and will be updated to reflect current site conditions. • When construction is complete, a NOT for the General Permit for Construction will be filed with the RWQCB and the City of Gilroy. The NOT will document that all elements of the SWPPP have been executed, construction materials and waste have been properly disposed of, and a post- construction storm water management plan is in place as described in the SWPPP for the site. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Engineering Division MM N0I -3: As part of normal City of Gilroy review and approval procedures for future projects, the following measures shall be incorporated to mitigate construction noise, as determined feasible by the City Building and Engineering Divisions: Limit construction activity to weekdays between 7:00 AM and 7:00 PM and on Saturdays between 9:00 AM and 7:00 PM, with no construction on City holidays and Sundays; and Locate stationary noise - generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Building & Engineering Divisions The following mitigation measures shall be implemented prior to issuance of a building permit. MM GEO -1: The project proposes to implement the following measure identified in the 2005 IS /MND to avoid or reduce geology and soils impacts: • The project applicant shall submit a soils investigation prepared by a qualified soils engineer prior to development of the project site. The soils investigation shall address site preparation and foundation design. Recommendations of the soils investigation shall be incorporated into the final building plans subject to review and approval by the Gilroy Building and Engineering Division. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Building & Engineering Divisions Eleventh Street Commons Project 8 September 2012 Addendum Mitigated Negative Declaration MM HYD -1: The applicant shall design the proposed project to ensure that the potential damage due to flooding is minimized and that protection from the potential impacts of flooding during the one percent or "100 -year flood" is incorporated into the design prior to approval of final improvement plans. The lowest finished floor elevation shall be a minimum of one foot above the highest flood depth identified in the FEMA FIRM (food depth of three feet at a base elevation of 195 feet). Final building plans shall be subject to review and approval by the City of Gilroy Building and Engineering Divisions. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Building & Engineering Divisions MM HYD -2: The following measures, based on RWQCB BMPs, have been included in the project to reduce construction - related water quality impacts. All mitigation will be implemented prior to the start of earthmoving activities on -site and will continue until the construction is complete. • Burlap bags filled with drain rock shall be installed around storm drains to route sediment and other debris away from the drains. • Earthmoving or other dust - producing activities shall be suspended during periods of high winds. • All exposed or disturbed soil surfaces shall be watered at least twice daily to control dust as necessary. • Stockpiles of soil or other materials that can be blown by the wind shall be watered or covered. • All trucks hauling soil, sand, and other loose materials shall be required to cover all trucks or maintain at least two feet of freeboard. • All paved access roads, parking areas, staging areas and residential streets adjacent to the construction sites shall be swept daily (with water sweepers). • Vegetation in disturbed areas shall be replanted as quickly as possible. • All unpaved entrances to the site shall be filled with rock to knock mud from truck tires prior to entering City streets. A tire wash system may also be employed at the request of the City. • A Storm Water Permit will be administered by the RWQCB. Prior to construction grading for the proposed land uses, the project proponent will file a "Notice of Intent" (NOI) to comply with the General Permit and prepare a SWPPP which addresses measures that would be included in the project to minimize and control construction and post- construction runoff. Measures will include, but are not limited to, the aforementioned RWQCB mitigation. Eleventh Street Commons Project 9 Addendum Mitigated Negative Declaration September 2012 • The project proponent will submit a copy of the draft SWPPP to the City of Gilroy for review and approval prior to start of construction on the project site. The certified SWPPP will be posted at the project site and will be updated to reflect current site conditions. • When construction is complete, a NOT for the General Permit for Construction will be filed with the RWQCB and the City of Gilroy. The NOT will document that all elements of the SWPPP have been executed, construction materials and waste have been properly disposed of, and a post- construction storm water management plan is in place as described in the SWPPP for the site. Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Engineering Division MM NOI -1.1: The project applicant shall equip the residential portions of the proposed project with mechanical ventilation to allow the windows to remain closed at the residents' option. Typically a central air - conditioning and heating system designed to provide a habitable interior environment with the windows closed will meet this requirement. The mechanical ventilation system shall be subject to review and approval by the City of Gilroy Building Division. Party responsible for implementation: Party responsible for monitoring: Applicant Gilroy Building Division MM N0I -1.2: Homes constructed on the eastern edge of the property, adjacent to Monterey Road, shall be constructed with noise rated windows and forced ventilation, subject to review and approval by the Gilroy Building Division. Prior to construction, at the building permit stage, the Sound Transmission Class (STC) noise rating shall be determined. It is expected that windows with a STC rating of 26 -to -36 will be required and doors could have a STC rating of 24 to 28, to ensure that noise levels remain at 45 Ldn or below in the interior of the homes. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Building Division MM N0I -3: As part of normal City of Gilroy review and approval procedures for future projects, the following measures shall be incorporated to mitigate construction noise, as determined feasible by the City Building and Engineering Divisions: Limit construction activity to weekdays between 7:00 AM and 7:00 PM and on Saturdays between 9:00 AM and 7:00 PM, with no construction on City holidays and Sundays; and Eleventh Street Commons Project 10 Addendum Mitigated Negative Declaration September 2012 Locate stationary noise - generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. Party responsible for implementation: Applicant Party responsible for monitoring: Gilroy Building & Engineering Divisions I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2012 -14 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 19`h day of November, 2012, 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 260' day of November, 2012. City Clerk of the Ci (Seal)