Cities Index.
Agenda packet

Gilroy City Council
February 24, 2025

Document
Agenda packet
Meeting
February 24, 2025
Body
Gilroy City Council
Pages
46
Original file
164.1 MB
Text extracted from the city's file for reading and search. Open the original on gilroyca.api.civicclerk.com. That file is the official record.

e. The applicant is responsible for ensuring that all contractors are aware of all storm water quality measures and implement such measures. Failure to comply with the approved construction BMPs will result in the issuance of correction notices, citations or a project stop order.
f. Sequence of construction for all stormwater facilities (bioswales, detention/ retention basins, drain rock, etc.) shall be done toward final phases of project to prevent silting of facilities and reduce the intended use of the facilities.
g. Prior to final inspection, all stormwater facilities will be tested by a certified QSP or QSD to meet the minimum design infiltration rate. All tests shall be made at on 20 ft x 20ft grid pattern over the surface of the completed stormwater facility unless otherwise approved by the City Engineer.

All soil and infiltration properties for all stormwater facilities shall be evaluated by the geotechnical engineer. Percolation tests (using Double Ring Infiltrometer Testing with appropriate safety factors) at horizontal and vertical (at the depth of the stormwater facility) shall be conducted for each stormwater facility. A 50% safety factor shall be applied to the calculated percolation test and shall be used as the basis for design (the design percolation rate). The geotechnical report shall include a section designated for stormwater design, including percolation results and design parameters. (PUBLIC WORKS)

89. REGIONAL BOARD STORMWATER REVIEW: This project may be subject to an audit by the Central Coast Regional Board. City may be required to provide the project stormwater design and storm water management plan for Regional Board review and comment. Prior to building permit issuance, the project shall receive approval or acknowledgment by the Regional Board. The project may need to provide the Regional Board any and all necessary documents (including reports, technical data, plans, etc.) for the Regional Board approval. (PUBLIC WORKS) The following conditions shall be complied with AT ALL TIMES DURING THE CONSTRUCTION PHASE OF THE PROJECT, or if another deadline is specified in a condition, at that time.

90. PUBLIC WORKS CONSTRUCTION ACTIVITIES: The City shall be notified at least ten (10) working days prior to the start of any construction work, and at that time the contractor shall provide a project construction and phasing schedule, and a 24-hour emergency telephone number list. The schedule shall be in Microsoft Project, or an approved equal, and shall identify the scheduled critical path for the installation of improvements to the approval of the City Engineer. The schedule shall be updated weekly. The approved construction and phasing schedule shall be shared with Gilroy Unified School District (GUSD) to avoid traffic impacts to surrounding school functions. An approved construction information handout(s)

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Tentative Map TM 22-02
City Council Regular Meeting | February 24, 2025

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shall also be provided to GUSD to share with school parents. (PUBLIC WORKS) a. All work shown on the improvement plans shall be inspected to the approval of the City Engineer as applicable. Uninspected work shall be removed as deemed appropriate by the City Engineer.
b. Construction activities related to the issuance of any Public Works permit shall be restricted to the weekday between 7:00 a.m. and 7:00 p.m., Saturday 9:00 a.m. to 7:00 p.m. for general construction activities. No work shall be done on Sundays and on City Holidays unless otherwise approved by the City Engineer. Please note that no work shall be allowed to take place within the City right-of-way after 5:00 p.m. Monday through Friday. In addition, no work being done under the issuance of a Public Works encroachment permit may be performed on the weekend unless prior approvals have been granted by Public Works. The City Engineer may apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. Signs outlining the project construction times shall be posted at conspicuous locations on site where it is visible to the public. The signs shall be per the City Standard Drawing for posting construction hours. The sign shall be kept free of graffiti at all times. Contact the Public Works Department to obtain sample City Standard sign outlining hours of operation. c. The allowed hours of Public Works construction activities may be waived or modified through an exemption, for limited periods, if the City Engineer finds that the following criteria are met:
i. Permitting extended hours of construction will decrease the total time needed to complete the project thus mitigating the total amount of noise associated with the project as a whole; or,
ii. Permitting extended hours of construction are required to accommodate design or engineering requirements, such as a large concrete pour. Such a need would be determined by the project's design engineer and require approval of the City Engineer.
iii. An emergency situation exists where the construction work is necessary to correct an unsafe or dangerous condition resulting in obvious and eminent peril to public health and safety. If such a condition exists, the City may waive any of the remaining

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City Council Regular Meeting | February 24, 2025

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requirements outlined below.
iv. The exemption will not conflict with any other condition of approval required by the City to mitigate significant impacts. v. The contractor or owner of the property will notify residential and commercial occupants of property adjacent to the construction site of the hours of construction activity which may impact the area. This notification must be provided three days prior to the start of the extended construction activity.
vi. The approved hours of construction activity will be posted at the construction site in a place and manner that can be easily viewed by any interested member of the public.
vii. The City Engineer may revoke the exemption at any time if the contractor or owner of the property fails to abide by the conditions of exemption or if it is determined that the peace, comfort and tranquility of the occupants of adjacent residential or commercial properties are impaired because of the location and nature of the construction. The waiver application must be submitted to the Public Works Construction Inspector ten (10) working days prior to the requested date of waiver.
a. The following provision to control traffic congestion, noise, and dust shall be followed during site excavation, grading and construction:
i. All construction vehicles should be properly maintained and equipped with exhaust mufflers that meet State standards. ii. Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible.
iii. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the City, or a minimum of three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to ensure proper control of blowing dust for the duration of the project.

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Resolution No. 2025-XX
Tentative Map TM 22-02
City Council Regular Meeting | February 24, 2025

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o Watering on public streets, and wash down of dirt and debris into storm drain systems will not be allowed. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Construction Inspector, or at least once a day. Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust. Recycled water shall be used for construction watering to manage dust control where possible, as determined by the City Engineer. Recycled water shall be billed at the municipal industrial rate based on the current Santa Clara Valley Water District’s municipal industrial rate. Where recycled water is not available potable water shall be used. All potable construction water from fire hydrants shall be metered and billed at the current portable fire hydrant meter rate.
o All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Construction Inspector.
o Construction grading activity shall be discontinued in wind conditions that in the opinion of the Public Works Construction Inspector cause excessive neighborhood dust problems.
o Site dirt shall not be tracked into the public right-of-way, and shall be cleaned immediately if done, or the project may risk being shut down. Mud, silt, concrete and other construction debris shall not be washed into the City’s storm drains.
o Construction activities shall be scheduled so that paving and foundation placement begin immediately upon completion of grading operation.
o All aggregate materials transported to and from the site shall be covered in accordance with Section 23114 of the California Vehicle Code during transit to and from the site.
o Prior to issuance of any permit, the applicant shall submit any applicable pedestrian or traffic detour plans, to the satisfaction of the City Engineer, for any lane or sidewalk closures. The traffic control plan shall be prepared by a licensed professional engineer with experience in preparing such plans. The Traffic Control Plan shall be prepared by a licensed engineer in accordance with the

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Tentative Map TM 22-02
City Council Regular Meeting | February 24, 2025

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requirements of the latest edition of the California Manual on Uniform Traffic Control Devices (MUTCD) and standard construction practices. The Traffic Control Plan shall be approved prior to the commencement of any work within the public right-of-way.
xi. During construction, the applicant shall make accessible any or all City utilities as directed by the City Engineer.
xii. The minimum soils sampling and testing frequency shall conform to Chapter 8 of the Caltrans Construction Manual. The applicant shall require the soils engineer submit to daily testing and sampling reports to the City Engineer.

91. JOB SITE SIGNAGE: Prior to construction, A 36 inch by 48 inch weatherproof sign shall be located so it is clearly readable from the public right-of-way and shall include the following information:
a. Address of the project site.
b. Permitted hours of construction and of deliveries/off-haul. c. Name, e-mail address and direct phone number of the General Contractor. d. Name, e-mail address and direct phone number of responsible person managing the project.
e. Name and phone number of person to call in case of an emergency. f. Code Enforcement complaint telephone number (408-846-0264).

92. HERITAGE TREE PROTECTION MEASURES: (use the following condition for projects with Heritage Trees that require protection The applicant shall submit a tree protection plan showing how all on and off-site heritage trees will be protected during construction. All approved and installed Heritage Tree protection measures shall be installed prior to any site activities, and maintained throughout the period of construction. The Project Arborist shall complete inspections on an as-need basis during the construction period and shall submit a monthly report of his/her findings in a letter sent by fax or email to the City Planner assigned to this project. (PUBLIC WORKS)

93. PROJECT CLOSE-OUT: Prior to City acceptance of all tract subdivision and property improvement agreements, the applicant shall comply with all City construction close-out procedures to the approval of the City Engineer. Refer to the City’s website for a copy of these procedure. Prior to final inspections, all pertinent conditions of approval and all improvements shall be completed to the satisfaction of the Planning Director and City Engineer. A letter indicating that all

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Tentative Map TM 22-02
City Council Regular Meeting | February 24, 2025

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project conditions have been met shall be submitted prior to the first occupancy.

All public improvements, including the complete installation of all improvements relative to streets, fencing, sanitary sewer, storm drainage, water system, underground utilities, etc., shall be completed and attested to by the City Engineer before approval of occupancy of any unit. Where facilities of other agencies are involved, such installation shall be verified as having been completed and accepted by those agencies. In addition, the applicant shall submit a detailed project cost estimate of all public improvements constructed on-site and within the public rightof-way. The cost estimate shall be prepared by the project engineer, and be to the approval of the City Engineer. The cost estimate shall be broken out into on-site and off-site improvements based on the format provided by the City.

Until such time as all improvements required are fully completed and accepted by City, the applicant shall be responsible for the care maintenance of and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or Improvements required for this project prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of, and are hereby assumed by the applicant. (PUBLIC WORKS)

94. MATERIAL HAULING ROUTE AND PERMIT: For material delivery vehicles equal to, or larger than two-axle, six-tire single unit truck (SU) size or larger as defined by FHWA Standards, the applicant shall submit a truck hauling route and receive a haul permit that conforms to City of Gilroy Standards to the approval of the City Engineer. Note that the City requires a Haul Permit be issued for any hauling activities. The project sponsor shall require contractors to prohibit trucks from using “compression release engine brakes” on residential streets. The haul route for this project shall be determined at the time of permit issuance. A letter from the applicant confirming the intention to use this hauling route shall be submitted to the Department of Public Works, and approved, prior to the issuance of any City permits. All material hauling activities including but not limited to, adherence to the approved route, hours of operation, staging of materials, dust control and street maintenance shall be the responsibility of the applicant. All storage and office trailers will be kept off the public right-of-way. Tracking of dirt onto City streets and walks will not be allowed. The applicant must provide an approved method of cleaning tires and trimming loads on-site. Any job-related dirt and/or debris that impacts the public right-of-way shall be removed immediately. No wash down of dirt into storm drains will be allowed. All material hauling activities shall be done in accordance with applicable City ordinances and conditions of approval. Mud, silt, concrete and other construction debris shall not be washed into the City’s storm drains. Violation of such may be cause for suspension of work. (PUBLIC WORKS)

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Tentative Map TM 22-02
City Council Regular Meeting | February 24, 2025

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95. CONSTRUCTION WORKER PARKING: The applicant shall provide a construction-parking plan that minimizes the effect of construction worker parking in the neighborhood and shall include an estimate of the number of workers that will be present on the site during the various phases of construction and indicate where sufficient off-street parking will be utilized and identify any locations for offsite material deliveries. Said plan shall be approved by the City Engineer prior to issuance of City permits and shall be complied with at all times during construction.

Failure to enforce the parking plan may result in suspension of the City permits.

No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the City Engineer (§15.40.070). (PUBLIC WORKS)

96. SITE WATER DISCHARGE: In accordance with the City’s Municipal Code, Prohibition of Illegal Discharges (Gilroy Municipal Code Section 27C.7), the City Engineer may approve the discharge of uncontaminated pumped ground waters to the sanitary sewer only when such source is deemed unacceptable by State and Federal authorities for discharge to surface waters of the United States, whether pretreated or untreated, and for which no reasonable alternative method of disposal is available. Following the verification of the applicable local, state and/or federal approvals, a Discharge Plan will be approved and monitored by the City Engineer. (PUBLIC WORKS)

97. ARCHITECTURAL COPPER: Per Gilroy Municipal Code Section 27C.7 Prohibition of Illegal Discharges, the applicant shall follow the specific best management practices for the installation of the Architectural Copper. For detailed information please distribute the flyer to all construction personnel involved in the fabrication and installation of the Architectural Copper that is located at:
http://flowstobay.org/files/newdevelopment/flyersfactsheets/ArchitecturalcopperBMPs.pdf (PUBLIC WORKS)
The following conditions shall be complied with AT ALL TIMES that the use permitted by this entitlement occupies the premises

98. POST CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP): In accordance with Gilroy Municipal Code Chapter 27D Post Construction Storm Water Pollution Prevention all projects that meet the criteria described in the Storm Water Guidance Manual for Low Impact Development and Post-Construction Requirements shall prepare a storm water control plan (SWCP) and shall meet the requirements of the design standards and selection of best management practices and shall be selected and designed to the satisfaction of the City Engineer or designee. Requirements shall include:

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Tentative Map TM 22-02
City Council Regular Meeting | February 24, 2025

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a. Owner/occupant shall inspect private storm drain facilities at least two (2) times per year and sweep parking lots immediately prior to and once during the storm season.
b. The applicant shall be charged the cost of abatement for issues associated with, but not limited to, inspection of the private storm drain facilities, emergency maintenance needed to protect public health or watercourses, and facility replacement or repair in the event that the treatment facility is no longer able to meet performance standards or has deteriorated. Any abatement activity performed on the applicant’s property by City staff will be charged to the applicant at the City’s adopted hourly rate. c. Label new and redeveloped storm drain inlets with the phrase “No Dumping:

Drains to Bay” plaques to alert the public to the destination of storm water and to prevent direct discharge of pollutants into the storm drain. Template ordering information is available at www.flowstobay.org. d. All process equipment, oils fuels, solvents, coolants, fertilizers, pesticides, and similar chemical products, as well as petroleum based wastes, tallow, and grease planned for storage outdoors shall be stored in covered containers at all times.
e. All public outdoor spaces and trails shall include installation and upkeep of dog waste stations.

Garbage and recycling receptacles and bins shall be designed and maintained with permanent covers to prevent exposure of trash to rain. Trash enclosure drains shall be connected to the sanitary sewer system. (PUBLIC WORKS)

99. * MITIGATION MEASURE: This measure mitigates adverse environmental effects identified in the environmental document. Monitoring procedures are contained within the condition of approval. A change in the condition may affect the validity of the current environmental document, and a new or amended environmental document may be required. (PUBLIC WORKS)

VALLEY WATER CONDITIONS OF APPROVAL
100. If the applicant should propose a new connection to, and/or extension of, the recycled water pipeline, they will need to apply for and obtain a Valley Water encroachment permit.
101. All proposed connections/extensions to the recycled water system (pipelines, appurtenances, etc.) must be located within a public service easement

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ORDINANCE 2025-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY

AMENDING THE ZONING MAP DESIGNATION OF PROPERTY
IDENTIFIED AS ASSESSOR PARCEL NUMBER 810-23-005, LOCATED

SOUTH OF SANTA TERESA BOULEVARD AND NORTH/NORTHEAST

OF MILLER AVENUE, FROM AGRICULTURE TO RESIDENTIAL
HILLSIDE, CONSISTENT WITH THE GILROY 2040 GENERAL PLAN

HILLSIDE RESIDENTIAL LAND USE DESIGNATION FOR THE

PROPERTY
WHEREAS, pursuant to Gilroy City Code Section 30.3.40 (Zoning map), the official zoning map of the city delineates zoning and combining districts and is declared a part of Zoning Ordinance and shall constitute the official description of the location of each district in the city; and
WHEREAS, pursuant to Gilroy City Code Section 30.52.10 (Amendments), the boundaries of the zones established by the Zoning Ordinance, the classifications of property uses therein, or other provisions of the Zoning Ordinance may be amended whenever public necessity, convenience and/or general welfare require; and WHEREAS, the subject site is located south of Santa Teresa Boulevard and north/northeast of Miller Avenue (APN 810-23-005); and
WHEREAS, Susan Wang on behalf of Ren JiZhong submitted an application requesting a tentative map to amend the zoning map designation of the approximate

37.54-acre site from Agriculture (A1) to Residential Hillside (RH); and WHEREAS, the Gilroy 2040 General Plan and Land Use Diagram designating the subject site as Hillside Residential was adopted by the City Council on November 2, 2020; and
WHEREAS, pursuant to Gilroy City Code Section 30.1.40(b) (Relationship of the Zoning Ordinance and the general plan), the Zoning Ordinance shall be consistent with the general plan of the City of Gilroy. Where inconsistencies do exist, the general plan shall control the use and development of such land until such time as the city council revises the Zoning Ordinance to achieve consistency; and WHEREAS, the proposed Residential Hillside (RH) zoning designation is consistent with the Gilroy 2040 General Plan and Land Use Diagram; and WHEREAS, adoption of the Zoning Map amendment is necessary to implement the Gilroy 2040 General Plan land use designation for the property; and WHEREAS, in compliance with the California Environmental Quality Act (CEQA), the City completed an Initial Study to determine whether the proposed project may have a significant adverse effect on the environment. On the basis of that study, the City determined that in addition to contributing to the previously disclosed significant and unavoidable impacts in the Gilroy 2040 General Plan Final Environmental Impact Report (EIR), the project could result in additional significant effects on the environment; however, there will not be any significant effect in this case because mitigation measures

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Ordinance No. 2025-XX
Zoning Map Amendment
City Council Regular Meeting | February 24, 2025

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are included in the project, and therefore, this Mitigated Negative Declaration (MND) has been prepared; and
WHEREAS, on January 16, 2025, the Planning Commission held a duly noticed public meeting, at which time the Planning Commission received and considered the staff report as well as all evidence received including written and oral public testimony related to the proposed Zoning Map Amendment (Z 22-03); and
WHEREAS, on January 16, 2025, the Planning Commission considered and recommended that the City Council adopt the Mitigated Negative Declaration prepared for the project in accordance with the California Environmental Quality Act (CEQA) and adopt an Ordinance approving Zoning Map Amendment Z 22-03; and WHEREAS, the City Council held a duly noticed public hearing on February 24, 2025, at which time the City Council received and considered the proposed Zoning Ordinance Map amendment, took and considered written and oral public testimony including the staff report, and all other documentation related to the proposed Zoning Map Amendment (Z 22-03); and
WHEREAS, in accordance with City of Gilroy Chapter 30 (Zoning), Article LII (Amendment to the Zoning Ordinance), the Planning Commission has recommended, and the City Council finds, that the proposed Zoning Ordinance Map amendment is necessary to carry out the general purpose of the Zoning Ordinance, and applicable General Plan goals and policies including: Gilroy 2040 General Plan Land Use Goal LU

1.2 (Residential Growth); Land Use Goal LU 1.8 (Vacant and Underutilized Sites); Land Use Goal LU 1.11 (Contiguous Development); Gilroy 2023-2031 Housing Element Goal 1 (Housing Production); and Housing Element Goal 2 (Removal of Governmental Constraints); and
WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which the project approval is based is the office of the City Clerk.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS:

SECTION I
The foregoing recitals are true and correct and are incorporated herein by this reference.

SECTION II
The amendments to the Gilroy City Code, Chapter 30 (Zoning) Zoning Map, set forth in Exhibit ‘A’, are hereby adopted.

SECTION III

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Ordinance No. 2025-XX
Zoning Map Amendment
City Council Regular Meeting | February 24, 2025

Page 3 of 4 ends

Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption.

PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular meeting duly held on the 24th day of February 2025 by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:

Greg Bozzo, Mayor
ATTEST:
_______________________
Beth Minor, Interim City Clerk
Attachment:

1. Exhibit ‘A’: Proposed amendments to Chapter 30 (Zoning) Zoning Map

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Ordinance No. 2025-XX
Zoning Map Amendment
City Council Regular Meeting | February 24, 2025

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CERTIFICATE OF THE CLERK
I, BETH MINOR, Interim City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2025-XX 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 Monday, February 24, 2025, with a quorum present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Date.
____________________________________
Beth Minor
Interim City Clerk of the City of Gilroy
(Seal)

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Ordinance No. 2025-XX
Zoning Map Amendment
City Council Regular Meeting | February 24, 2025
EXHIBIT “A”
ZONING MAP AMENDMENT - APN #810-23-005

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Ordinance No. 2025-XX
Zoning Map Amendment
City Council Regular Meeting | February 24, 2025
A1 (Agriculture District) RH (Residential Hillside)

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