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Resolution 2013-03RESOLUTION NO. 2013-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING GPA 12 -01 AMENDING THE CITY'S GENERAL PLAN MAP TO RE- DESIGNATE 11 PARCELS FROM GENERAL SERVICES COMMERCIAL AND LOW DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENTIAL. THE PARCELS RE- DESIGNATED ARE: APNS 808 -01 -021, 808-01 -022, 808 -01 -023, 790 -21 -041, 790 -35- 001, 790 -36 -002, 790 -14 -025, 790 -14 -075, 790 -14 -091, 790 -15 -036, and 790 -15 -041 WHEREAS, the City of Gilroy ( "City ") initiated four applications for it proposed Phase I of implementation of the Housing Element of the City's General Plan; and WHEREAS, the four applications are General Plan Map Amendment GPA 12 -01 (Amendment to the General Plan Map), Zoning Amendment Z 12 -06 (Amendment to the Zoning Ordinance Text), Zoning Amendment Z 12 -07 (Amendment to the Zoning Map) and Zoning Amendment Z 12 -08 (Amendment to the Downtown Specific Plan) ( "Project "); and WHEREAS, the amendment to the City's General Plan Map re- designates 11 parcels from General Services Commercial and Low Density Residential to High Density Residential and includes APNS 808 -01 -021, 808 -01 -022, 808 -01 -023, 790 -21 -041, 790 -35 -001, 790 -36- 002, 790 -14 -025, 790 -14 -075, 790 -14 -091, 790 -15 -036, and 790 -15 -041; and WHEREAS, the Planning Commission held a duly noticed public hearing on January 10, 2013, at which time the Planning Commission considered the public testimony, the staff report dated January 10, 2013, ( "Staff Report"), and all other documentation related to the Project, and recommended that the City Council approve said General Plan Map Amendment 12 -01; and WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "), the City Council on January 28, 2013, adopted a mitigated Negative Declaration for the Project finding that it was completed in compliance with CEQA, that it reflects the independent judgment of the City, and that there is no substantial evidence in the record that the project as mitigated will have a significant effect on the environment; and -I- 1JH11136083.5 012313-04706083 RESOLUTION NO. 2013-03 WHEREAS, the City Council held duly noticed public hearing on January 28, 2103, at which time the City Council considered the public testimony, the supplemental staff report dated January 28, 2013, the Staff Report, and all other documentation related to General Plan Amendment 12 -01; 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. SECTION I NOW, THEREFORE, THE CITY COUNCIL FINDS THAT: 1. The General Plan Map Amendments as proposed by GPA 12 -01 are consistent with the City's General Plan because they provide a means to implement Phase I of the Housing Element by providing adequate areas available for high density residential housing, which may also provide sites for affordable residential housing. 2. The General Plan Map Amendments as proposed by GPA 12 -01 are in the public interest because they implement the requirements of the City's Housing Element regarding the adequacy of areas for high density residential development. 3. The General Plan Map Amendments as proposed by GPA 12 -01 are also in the public interest because they provide the means to re- designate 11 parcels from General Services to High Density Residential. 4. There is no substantial evidence in the record that the adoption of the General Plan Map Amendments as proposed by GPA 12 -01, with the required mitigations will cause any significant environmental impacts. SECTION II Based on the above findings, General Plan Amendment application GPA 12 -01 is hereby approved, as attached hereto as Exhibit A and incorporated herein by this reference, and subject to the MND's mitigation/monitoring program, attached hereto as Exhibit B. -2- WH11136083.5 012313-04706083 RESOLUTION NO. 2013-03 SECTION III This Resolution shall be in full force and take effect thirty (30) days after the date of its adoption. PASSED AND ADOPTED this 28h day of January, 2013 by the following roll call vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: -3- WH11136083.5 012313-04706083 ARLELLANO, BRACCO, LEROE- MUNOZ, TUCKER, WOODWARD and GAGE NONE AULMAN i Donald Gage, Mayor RESOLUTION NO. 2013-03 CE s 1J y x �- L Cv C Z j TEb cu L ikoo �'. 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L c cz y C. 0 CL 03 CL O Imm CLM .a C v Lo N Z K W w o- U U) O r a • Z Z U < MITIGATION MONITORING AND REPORTING PROGRAM CITY OF GILROY 2007 - 2014 HOUSING ELEMENT IMPLEMENTATION PROJECT LEAD AGENCY: City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 Contact: Mr. David Bischoff, Planning Manager 408.846.0451 PREPARED BY: RBF Consulting 111 North Market Street, Suite 440 San Jose, CA 95113 Contacts: Mr. Glenn Lajoie, AICP Ms. Rita Garcia 949.472.3505 January 2013 JN 10- 108980 INTRODUCTION Housing Element Implementation Project Initial Study /Mitigated Negative Declaration The California Environment Quality Act (CEQA) was amended in 1989 to add Public Resources Code Section 21081.6, which requires a public agency to adopt a monitoring and reporting program for assessing and ensuring compliance with any required mitigation measures applied to proposed development. As stated in Section 21081.6: "... the public agency shall adopt a reporting or monitoring program for the changes to the project which it has adopted, or made a condition of project approval, in order to mitigate or avoid significant effects on the environment." Section 21081.6 provides general guidelines for implementing mitigation monitoring programs and indicates that specific reporting and /or monitoring requirements, to be enforced during project implementation, shall be defined when adopting a Mitigated Negative Declaration. The mitigation monitoring table that follows lists those mitigation measures that may be included as conditions of approval for the Project. These measures correspond to those outlined and discussed in Section 4.1 through Section 4.17. To ensure that the mitigation measures are properly implemented, a Mitigation Monitoring and Reporting Program has been devised, which identifies the milestone and responsibility for monitoring each measure. The City of Gilroy will have the responsibility for implementing the Program and the City's various departments will have the primary responsibility for monitoring and reporting implementation of the mitigation measures. Final • January 2013 - 1 - Mitigation Monitoring and Reporting Program T 7 N L N c n� N 0 w N 2C G2 d 0 0 3 0 r: 0 G2 G2 3 0. 0 0 co to3 o 3 O z 3 O z O AZ Y� a z v m O �o z X O a J 0/ O i Cl) N. C.� �3 r d � <D � 4� 2� <D �p cp o� r3 n 3 d O O rOi. IV v 3 3 m o o n m° o 2o �o CD a) _ N CD 2 CAD 0) C') n co °' ,� c0 0 CD fn In L1 f11 y -- (1) Wi° a Q n c a n. 3 •O CL CD cr CD o� -o n n 0 CD =r v a� n 3 "moo CL 0-0 CD O �. v °c 3 n y �t p Cl) ° G CD � <p in N CD l< o N N y n (D 03 = CD to = C1 0) C CD O Q 0 O ?• N Er ° O -0 'a N o a CD O T O O O CD °- 0 ° CD <n 0 CE) cn CD 3 C7 CD ° . O Cy O W CD C—n- N m O N C O N (n d ti Cn CQ CD CD N lG � CD 0 .� CD o" 3 3 � m Cn o ° °� CD G) cn oa =�� co m CD N In <, N CD 0 CD CO CD u' a 3 N 3 �• ° a i o C o N= CD v O fl? p> N y C. -.. C1 ID (Q n cn CD w M p0 m - v �- CL 0 v N `� 0 0 C1 EFa =3= �+3 a� ni 0 - 3 n CD o 3 cn q). y 3 to 7 E 01 G � m 0 $. O 3 v In O z 3 O z O AZ Y� a z v m O �o z X O a J 0/ O i Cl) N. C.� �3 r d � <D � 4� 2� <D �p cp o� r3 n 3 d O O rOi. I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2013 -03 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 28th day of January, 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 30th day of J L�nawna rreeis, iviivi%-, City Clerk of the City of Gilroy (Seal) , 2013.