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Resolution 1991-80 -j J.. . . ,," RESOLUTION NO. 91-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING GPA 91-08, AMENDING THE GENERAL PLAN MAP OF THE CITY OF GILROY TO CHANGE THE DESIGNATION FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL ON APPROXIMATELY 1.77 ACRES ON THE WEST SIDE OF CHURCH STREET, NORTH OF LIMAN AVENUE WHEREAS, Dewey and Hazel Hewell have submitted GPA 91-08 to amend the General Plan map of the City of Gilroy to change the designation from Low Density Residential to Medium Density Residential on approximately 1.77 acres on the west side of Church Street, north of Liman Avenue, as shown on the map attached as Exhibit "A" and incorporated herein by this reference; and WHEREAS, the Planning Commission upon giving the notice required by law did on the 5th day of December, 1991, conduct a duly advertised public hearing as prescribed by law to consider GPA 91-08 and adopted Resolution No. 91-30 making certain findings, including that a Negative Declaration had been prepared pursuant to the requirements of the California Environmental Quality Act, and recommending that the Negative Declaration and GPA 91-08 be approved by the City Council; and WHEREAS, the city Council upon giving the required notice has on the 16th day of December, 1991, conducted a duly advertised public hearing as prescribed by law to consider GPA 91-08; and WHEREAS, based on the evidence in the record before it, the City Council concurs with the findings of the Planning Commission, and further find that: 1. Revisions in the project plan will mitigate identified potentially significant environmental effects to a point where clearly no significant effects will occur; 2. There is no substantial evidence before the City Council that the project, as revised, may have a significant effect on the environment; RESOLUTION NO. 91 - 80 -1- - ,. . . 3. The City has properly taken all actions required by the California Environmental Quality Act; and 4. The adoption of GPA 91-08 is in the public interest; NOW, THEREFORE, BE IT RESOLVED THAT A. The Negative Declaration prepared for GPA 91-08, a copy of which is attached hereto as Exhibit "B" and incorporated herein by this reference, should be and hereby is approved; and B. GPA 91-08 should be and hereby is approved, so that the General Plan map of the City of Gilroy is hereby amended to change the designation on approximately 1.77 acres on the west side of Church Street, north of Liman Avenue from Low Density Residential to Medium Density Residential. PASSED AND ADOPTED this 16th day of December, 1991 by the following vote: AYES: COUNCILMEMBERS: Gage (mayor), Gilroy, Hale, Kloecker, Rowlinson, Valdez NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBER: Nelson APP1J~j ~ Mayor RESOLUTION NO. 91 - 80 -2- " . .: '" ," 1'; ZONING MAP INSET "," ...._..4 ~. L M Y!...'!~ io'l H SITE\) ',}. L r. . L ;. ,- -... .. ~ } 'M M '. .1-_.,. '{",,,,"_r...l'-f .~.....t...~"LJA;...;t~........ M I I I, -y ~ ....- . ~''7','..J1 ~~...;~~. 'J ",CI.. ~'~ ""r"O' ." .....\;~/-,.:........ .l..b.... ~~t..":.~~...(..... -' .~...... _.. ..,"."41;..._ e._ .. ~...-.",.. M ....,...,.,. }' ".: : , ,!I.,~~~.. :. .~t.~.. _ . ____.~~ GENERAL PLAN MAP LANDS OF HEWELL EXHIBIT A -; I ~ . , . . Planning Department NEGATIVE DECLARATION City of Gilroy 735l Rosanna St. Gilroy, CA 95020 (408) 848-0440 city File Number: GPA 91-08 PROJECT DESCRIPTION: Name of Project: Nature of Project: Hewell General Plan Amendment A General Plan Amendment request to amend the General Plan Map from Low Density Residential to Medium Density Residential on 1.77 acres. PROJECT LOCATION: Location: West side of Church Street, north of Liman Avenue Assessor's parcel.Number: 790-16-015, 790-16-016 Entitv or Person(s) undertakinq proiect: Name: Address: Dewey and Hazel Hewell P.O. Box 1901, Gilroy, CA 95021 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, the applicant has agreed to revisions in the project, or the project has been revised, 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, as revised, may have a significant effect on the environment. The following reasons will support these findings: 1. The proposal is a logical extension of the existing urban, land use, and zoning patterns of this area. 2. Identified adverse impacts such as the effect on remaLnLng sewer plant capacity, school impacts, and increase in traffic generated from this project are proposed to be mitigated through buildout schedules, school impaction fees, and constr~ction 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. Exhibit B ~ I , . . . . , -.. Negative Declaration GPA 91-08 -2- 12/17/91 MITIGATION MEASURES: 1. If the Gilroy Unified School District and the city of Gilroy determines that the projec~ will impact local schools beyond the level offset by required school impaction fees, the developer shall, as soon as possible, and before issuance of any building permits for the project, negotiate with the Gilroy Unified school District and the City of Gilroy and agree to furnish funds or facilities that will fully mitigate such impacts. 2. The design of all storm drainage and sewer lines shall be subject to the approval of the Director of Public Works and the Santa Clara Valley Water District. 3. Street improvements shall be provided by the developer subject to the approval of the Director of Public Works. 4. All building pads shall be raised at least one foot above the 100-year flood elevation. 5. No residences shall be constructed within areas designated by the National Flood Insurance Study as being in a floodway. 6. The developer shall provide for an archaeological reconnaissance of the site prior to the issuance of any building permits. 7. Native trees and shrubs shall be preserved wherever possible. Where removal is necessary, the developer shall submit a replanting/replacement program subject to the approval of the Director of Planning. Date Prepared: October 3, 1991 End of Review Period: November 8, 1991 Date Approved by City Council: December 16, 1991 ~9~ Michael Dorn Director of Planning } .' .', !' . . . f::".o' " I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 91-80 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 16th day of December , 19~1-, 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 20th day of December 19 91. ~~t City Clerk of the City (Seal)