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Ordinance 2013-09ORDINANCE NO. 2013-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING APPLICATION Z 13 -04 FOR A CHANGE IN ZONING DESIGNATION FROM R2/PUD (TWO FAMILY RESIDENTIAL/PLANNED UNIT DEVELOPMENT) TO R3 (MEDIUM DENSITY RESIDENTIAL) ON APPROXIMATELY 1.95 ACRES LOCATED AT 9060 AND 9070 KERN AVENUE, APNs 790 -18- 015 AND 017, PSI DEVELOPMENT WHEREAS, applicant PSI Development submitted application Z 13 -04 to change the zoning designation granted through Z 05 -12 on property identified as APNs 790 -18 -015 and 017 from R2/PUD (Two Family Residential/Planned Unit Development) to R3 (Medium Density Residential) on approximately 1.95 acres located at 9060 and 9070 Kern Avenue( "the Project"); and WHEREAS, a Negative Declaration ( "ND ") and a Mitigation Monitoring Program to allow medium density development on the property in conjunction with General Plan Amendment GPA 05 -03 and Zone Change Z 05 -12 for PSI Development Company was adopted by the City Council on August 7, 2006, all in compliance with the California Environmental Quality Act ("CEQA "), and the City has reviewed those documents and determined pursuant to CEQA Guideline 15162 that there are no substantial changes in the Project that require a subsequent environmental review process, and that this zone change may rely on the previous ND; and WHEREAS, the Planning Commission held a duly noticed public hearing on July 18, 2013, at which time the Planning' Commission considered the public testimony, the staff report dated July 18, 2013 ( "Staff Report"), the ND and all other documentation related to application Z 13 -04, and recommended that the City Council approve said application; and 4828- 5919- 6437v1 1 ORDINANCE NO. 2013-09 LAM04706089 WHEREAS, the City Council held a duly noticed public hearing on August 5, 2013, at which time the City Council considered the Staff Report, a supplemental staff report dated August 5, 2013, the ND and Mitigation Monitoring Program, the public testimony and all other documentation related to application Z 13 -04; 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 mitigated ND. 3. The approval of Z 13 -04 will not be detrimental to the public welfare or injurious to persons or property in the vicinity. SECTION II Based on the above findings, zoning application Z 13 -04 is hereby approved, subject to the Mitigation Measures described in the Negative Declaration and the Mitigation Monitoring Program attached hereto as Attachment A -1 and incorporated herein by this reference. 4828- 5919- 6437v1 2 ORDINANCE NO. 2013-09 LAC104706089 SECTION III Pursuant to Gilroy City Charter section 608, this Ordinance shall be in full force and effect thirty (30) days from and after its passage and adoption. PASSED AND ADOPTED this 7`" day of October, 2013, by the following roll call vote: AYES: COUNCILMEMBERS: AULMAN, BRACCO, LEROE- MUNOZ, NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST:, Freels, City TUCKER, WOODWARD and GAGE ARELLANO NONE APPROVED: " I q Donald Gage, Mayor 4828 - 5919- 6437v1 3 ORDINANCE NO. 2013 -09 LAC104706089 Community Development Department . p Planning Division NEGATIVE DECLARATION AND MITIGATION MONITORING :PROGRAM City of Gilroy 7351 Rosanna Street' Gilroy, CA 95020 (408).846 -0440 City File Number: GPA 05 -03 and Z -95 -12 Project Description: Name of Project: PSI Development Company General-Plan Amendment and Zone Change -Nature of Project: A General Plan .Amendment and Zone - Change to allow. medium: density. - development:on a 1.97 -a6re site. Project Location: = Location: The project site -is. located at 9060 and 9070'Kern Avenue in the City of Gilroy in the: County of Santa Clara. Assessoils:Parcei Numbers: 790 -18 -015, 790 -18 -017 Entity or Person(s) Undertakjne Project: Name: PSI Development Company c/o Joe Burch Address: 2 West. Santa Clara: Street, 9`h Floor, San Jose CA 95113 Initial Studv: 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: Item-vIII.B. Attachment A -1. PSI Development-Company 2 June 2006 Negative Declaration -and Mitigation :Monitoring Program 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 judgement of the City of Gilroy. Mitigation Measures: Prior to approval and issuance of the final improvement. plans 1 the. following mitigation measures shall - be- implemented: 1. - Project "plans shall include the following dust control. measures during grading.and construction activities for the-proposed development and subject to the review and approval by the City of Gilroy Engineering-Division. The following basic control measures shall be-implemented at all construction sites: • Water all active . construction areas at least1wice.daily • Cover all trucks hauling soil, sand, and other loose materials or require all trucks to :maintain at least two feet of freeboard • Pave,. apply water three times ' daily, or apply (non - toxic) soil stabilizers on all unpaved" access roads, parking areas and staging areas at construction sites • Sweep daily (with water sweepers) all -paved access roads, parking areas and staging areas.at construction sites • -Sweep- streets daily :(with water sweepers) if visible soil material- is - carried onto adjacent public streets 2. Due to the -possibility that significant. buried cultural resources might lie - 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 grid approval of the Gilroy Planning Division: "If archaeological resources or "human remains are;discovered during construction, work shall . be halted within 50 meters (165 feet) of the find until a: qualified professional can evaluate it.. If the find is determined to be sign cant,- appropriate mitigation.measures shall be formulated and implemented (Gilroy. General Plan Policy 5:07).. ". Item VIII.B. PSI Development - Company 3 June 2006 Negative Declaration and Mitigation Monitoring Program 3.' -.In the event- of an-accidental discoveryor recognition of any human remains in.any location other than a dedicated cemetery, the City shall ensure that this language is included in all .permits in. accordance with CEQA Guidelines section 15064.5(e), subject to the review and approval of the City pf*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 e that -remains until the coroner. of Santa Clara County is contacted to "determine no investigation of the cause -of death is required. Y 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 responsiblefor the. excavation world. 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 - of his-'authorized representative shall rebury the Native American, human *remains and associated grave goods with a ppropria te dignity on the property in a location not subject to further disturbance if. a) the Native American Heritage. Commissiofils unable-to identify a MLD or the MLD failed -to make a.: mg, no by "the commission; b) the descendent recommendation within 24 hours after be' noted identified fails to make recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendeni, . and the -mediation by the 'Native.American. . Heritage Commissionfails to provide -measures 'acceptable to the landowner. Prior to ap proval and -issuance of the building permits, *the- following mitigation measure shall. be. implemented: 4. The proposed buildings shall be desigried by the structural engineer in accordance with the applicable versiowof the California Building Code, (C13Q. -A -Registered Geotechnical. Engineer -f to geologic and Geologist shall prepare a soils report or the project assess these hazards and to appropriate 'and.constructi - A develop e mitigation that -shall be- implemchted.diA�ng.. design on Registered -Geoteehnical Engineer shall be present at the site during .site grading 'for building foundations. This mitigation measure shall be subject to the review and approval of. the City of Gilroy Engineering Division. Prior to issuance of a'grading-permit, the -following mitigation measure shall be implemented: 5. An erosion and deposition control plan shall be submitted to. the .City of .Gilroy Engineering Division for approval -prior to the issuance -of a grading permit. During construction, contractors shall adhere to the requirements in the erosion and deposition control. plan _ and the requirbd Drainage Plan and Storm Water Pollution Prevention Plan (see Mitigation Measure 6 and 7). Item- VII I.B. PSI Development Company 4 June 2006' Negative Declaration and Mitigation Monitoring Program Prior to Architectural & Site. Review approval, the following mitigation measure shall be implemented: .6. Future .development at the site shall.be designed and- constructed to detain storm runoff to ensure - that- post - project -storm runoff does not exceed pre - project levels,- subject to the review and approval of the City of Gilroy Engineering Division. . Prior to Final Map approval, the following mitigation measure shall -be implemented:. 7. The - project proponents shall pay their.fair share of the cost for infrastructure-identifiedin the, City's Storm Drainage Master Plan. Prior to Architectural. &.Site Review approval, the following mitigation - measure shall be implemented: 8.... -In order to minimize potential water quality impacts due to erosion; the project shall: incorporate a landscape plan to be implemented on the perimeter of the project: site. Prior. to issuance of a' grading permit, the applicant shall submit the landscape plan -for review and approval by the City of Gilroy. Engineering Division. Prior to issuance of a grading permit, the following mitigation measure shall be implemented: 9. 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-cornpliance with this permit that achieves the following four major objectives. The- SWPPP shall also submitted-to the City of Gilroy Engineering Division prior to issuance of 'a - - grading permit. a. .Identify pollutant sources; including sources of sediment that may affect the quality of storm water discharges from the- construction site.: b. Identify non -storm water discharges. c. -Identify, ; construct, implement in accordance with a time schedule, and maintain Best. Management Practices (BMPs) to reduce or. eliminate pollutants in storm water Aischarges . and authorized non =storm water discharges, from the construction site. during construction; and d. '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. Item VIII.B. PSI Development Company 5 June 2006. - Negative Declaration and Mitigation Monitoring Program Prior to approval and issuance of the .building permits; the following :mitigation measure shall .be, implemented:. 1'0: As part of normal City 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: a.. Limit construction activity to weekdays between 7:00 AM and 7:00 PM and Saturdays between 9:00 AM and 7:00 PM, with no construction, allowed on Sundays or City holidays; b. Locate stationary noise - generating equipment as far.as possible from sensitive_ receptors when sensitive receptors adjoin or are near a construction. project area. -Date Prepared: June 1, 2006 'End of Review Period: June 28, 2006 Date Adopted by City Council: August 7,2006' William Eaus Planning Division Manager Item VIII.B: Preliminary Minutes Abstain: None Absent: Commissioner Richard Gullen Chair Sanford introduced.and welcomed the new Planning Manager Susan Martin. IV. PRESENTATION BY MEMBERS OF THE PUBLIC Lani Yoshimura, Community Librarian -for the Gilroy Library spoke on Measure A and passed out information materials to the Commissioners. V. PUBLIC HEARINGS -.A.: General Plan Amendment GPA'09 -01: A request to amend the-General Plan -- -diagram to amend-the designation of-an 81 acre.parcel located at 459 Bolsa Road (APNs 841 -3.1 -003 & 022) from General Services = Commercial to Low Density Residential and a request to amend General: Plan Community Design_ Policy -1.03 to allow, '.'adult manufactured housing communities" on the east side -of Highway 101. An environmental impact report has been prepared for this _proje ct B.- :Zoning Amendment Z 09 -03: A request to amend the Zoning Map to -redesignate an 81 -acre parcel located at 459 Bolsa Road (APNs 841 -31 -003 &"022) from Open Space to R1 Single Family Residential. An environmental impact:report has been - prepared for this project. Chair Sanford stated that-the applicant withdraw their application for Items V.A and V.B. and therefore no.action will be taken by.the Planning .Commission.. Chair Sanford opened the public.hearing. .Seeing no public comment Chair Sanford closed the public hearing. C: Zoning Amendment Application Z1 3-04:" A- request to amend the Zoning Map to redesignate -the property - located at 9060 and 9070:Kerri Avenue from R2 Two Family -Residential [Planned Unit Development to R3 Medium Density Residential (APNs 790- - 18 -015 _& 017). Planner II Durkin presented the staff report. Chair Sanford opened the public hearing. Seeing .no public comment Chair Sanford closed the- public.hearing. Commissioner Lai asked about bike lanes and sidewalks for the project. and safety of children. ATTACHMENT A -2 item VIII.B. I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2013 -09 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 7h day of October, 2013, 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 10th day of October, 2013. Ana Freels, MMC Clerk of the City of Gilroy (Seal)