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Ordinance 2002-17ORDINANCE NO. 2002-17 AN ORDINANCE OF THE CITY COUNCIL OF THE C1TY OF GILROY PRE-ZONING TO PF (PARK/PUBLIC FACILITY) ON APPROXIMATELY 78.36 ACRES, Z 02-08, APNS 808-21-026, - 028, AND -030, KNOWN AS THE SPORTS PARK WHEREAS, the City of Gilroy has submitted Z02-08 requesting an amendment to the City of Gilroy's Zoning Map so that certain property known as the Sports Park is pre-zoned PF (Park/Public Facility) on approximately 78.36 acres; and WHEREAS, the property affected by Z02-08 is located on Monterey Road south of Luchessa Avenue, known as APNs 808-21-026, -028, and -030, such land being indicted on the map attached hereto as Exhibit A; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council on May 17, 1999, certified a Final EIR, for this site for an Urban Service Area Amendment (USA 98-03); and WHEREAS, the City Council on March 18, 2002, certified a Final Subsequent EIR ("SEIR"), finding that it was completed in compliance with CEQA, that it reflects the independent judgment of the City, and making the required findings with respect to the potentially significant and significant effects on the environment of the project and project alternatives as identified in the SEIR, and adopting Mitigation Measures and a Statement of Overriding Considerations and approving the Mitigation Monitoring Program, all as set forth in Resolution No. 2002-17; and WHEREAS, this project is within the scope of said SEIR; and WHEREAS, the Planning Commission reviewed application Z02-08 at a duly noticed public hearing on August 1, 2002, and recommended that the City Council approve application Z02-08; and WHEREAS, the City Council held a duly noticed public heating on Z02-08 on Ordinance No. 2002-17 \GBO~564607.1 - ] - 01 ~)90902-04706002 September 3, 2002, at which public heating the City Council considered the project and based upon substantial evidence produced both in writing and orally, including the Staff Report dated July 23, 2002, resolved that the project should be approved; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this ordinance is based is the office of the City Clerk. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAINS AS FOLLOWS: SECTION I The City Council hereby finds that Z 02-08 should be and hereby is approved for the following reasons: A. The project is consistent with the Gilroy General Plan because it conforms to the land use designation for the property on the General Plan Map and is consistent with the intent of the text, goals and policies of the General Plan. B. The City has taken all actions required to approve this project pursuant to CEQA. C. The project is subject to the mitigation measures set forth in the SEIR as described in Resolution No. 2002-17, said measures attached hereto as Exhibit A(I), and the Mitigation Monitoring Program attached hereto as Exhibit B, both attachments incorporated herein by this reference. SECTION II The Zoning Map of the City of Gilroy is hereby amended to pre-zone to PF (Park/Public Facility) approximately 78.36 acres, known as APNs 808-21-026, -028, and -030, located on Monterey Road south of Luchessa Avenue as described in Exhibit A. Ordinance No. 200247 \GBO~564607.1 -2- 01-090902-04706002 SECTION III This ordinance shall take effect and be in full force in thirty (30) days from and after its adoption. PASSED AND ADOPTED this 16th day of September, 2002, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, DH J ON, GARTMAN, MORAI.F.S, PINHEIRO, VELASCO and SPRINGER COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE NOES: ABSENT APPROVED: Rhonda Pellin, City Clerk Thomas W. Springer, Mayor PASSED AND RE-ADOPTED this 7th day of October, 2002 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Rhonda Pellin, City Clerk ARELLANO, DIIJON, GARTMAN, MORAI.FS, PINHEIRO, VELASCO and SPRINGER NONE NONE APPROVEOzr- Thomas W. Springer, May~j \GBO~64607.1 -3- Ordinance No. 2002-17 01-09()902-04706002 N RESOLUTION NO. 2002-17 A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF GIt,ROY MAKING CERTAIN FINDINGS CONCERNING IIVI~ACTS AND MITIGATION MEASURES IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUAI.1TY ACT. IN CONNECTION WITH A SPORTS PARK COMPLEX AND A REQUEST FOR URBAN SERVICE AREA EXPANSION TO ALLOW THE DEVELOPMENT OF THE SPORTS COMPLEX FOR WHICH AN ENVIRONMENTAL IMPACT REPORT AND SUBSEQUENT ENVIRONMENTAL IMPACT REPORT HAVE BEEN PREPARED, AND ADOPTING MITIGATION MEASURES AND STATEMENTS OF OVERRIDING CONSIDERATION AND APPROVING A MITIGATION AND MONITOKING PROGRAM FOR THE PROJECT WHEREAS, the City of Gilroy initiated an Urban Service Area expansion application USA 98-03 to incorporate 133.2 acres of land into Gilroy's Urban Service Area ("Project"), and WHEREAS, the California Environmental Quality Act of 1970, as mended, CCEQA") requires that, in the approval of a project for which an Environmental Impact Report ("EIR") has been prepared, the decision-making body shall review the EIR and make certain findings regarding the significant effects on the environment identified in the EIR; and WHEREAS, the Project was the subject of a Final EIR entitled "Gilroy Sports Park and Urban Service Area Amendment (USA 98-(}3) Draft Environmental Impact Report" and "Gilroy Sports Park and Urban Service Area Amendment (USA 98-03) Final Environmental Impact Report Addendum" (together, "1999 EIR") prepared by the City of Gilroy as the lead agency in compliance with the requirements of CEQA; and WHEREAS, the 1999 EIR was recommended for certification by the City of Gilmy Planning Commission on May 6, 1999; and ~NVH~546343.1 r"..I..:l~:& A I1~ WHEREAS, the City Council on May 17, 1999, certified that as the decision-making body, it reviewed and considered the information contained in the 1999 EIR, and other information in the record, prior to acting upon or approving the Project, and found that the 1999 EIR had been completed in compliance with CEQA and reflected the independent judgment and analysis of the City of Gilroy as lead agency for the Project; and WHEREAS, the City det~..ined to prepare a Subsequent Final EIR ("SEIR") to reflect a proposed General Plan land use designation change of certain Project land from open space use to residential and commercial uses; and WHEREAS, on Mamh 8, 2002, the Planning Commission of the City held a hearing on the SEIR for the Project at which heating the Planning Commission voted to recommend that the City Council certify the document as having been completed in compliance with the requirements of CEQA; and WHEREAS, CEQA requires that in connection with the approval of a project for which an EIR identifies one or more significant environmental effects, the decision-making agency must make certain findings regarding those effects; 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, BE IT RESOLVED: I. That the City Council does hereby fred that the SEIR has been presented to it, that it has independently reviewed and analyzed the SEIR and other information in the record and has considered the information contained therein, including the whtten and oral comments ~N'vl'~46343.1 -2- received at the public hearing on the SEIR and on the Project, prior to acting upon or approving the Project, and has found that the SEIR represents the independent judgment and analysis of the City as lead agency for the Project, and designates the City Clerk at her office at 7351 Rosanna Street, Gilroy, CA 95020, as the custodian of the documents and records of proceedings on which this decision is based; and 2. That the City Council does hereby find that the SEIR has been completed in compliance with CEQA; and 3. That the City Council does hereby make the findings with respect to the potentially significant and significant effects on the environment of the Project and Project alternatives as identified in the SEIR, attached hereto as Exhibit A(I) and incorporated by this reference. 4. That the City Council does hereby adopt the mitigation measures as set forfh in the SEIR, and the M/figation and Monitoring Program as set forth in the SEIR., attached hereto as Exhibit B and incorporated herein by this reference. 5. That the City Council does hereby, after review of the entire administrative record, including the SEIR, the staff report, and the oral and written testimony and evidence presented at public hearings, find that specific economic, legal, social, technological and other considerations justify the approval of this Project in spite of the existence of unavoidable enviromnental effects that were deemed significant and that cannot be completely mitigated to a level of significance as set forth in Exhibit AOI) regarding agricultural considerations, potential loss of prime farmland through growth-inducement on adjacent parcels, long-term and short-term noise fi.om Gilroy Sports Park activities, exterior traffic noise at residential areas along Monterey Street, and exterior traffic noise at residential areas along West Luchessa Avenue. The City Council adopts and makes a ~NVH~546343 1 -3- Statement of Overriding Consideration regarding the significant unavoidable impacts of the Project, finding that each of the benefits set forth in the Statement, attached hereto as Exhibit A(I1), and incorporated herein by this reference, constitutes a separate and independent ground for finding that the benefits of the Project outweigh the risks of its potential significant adverse environmental impact. 6. That the City Council does hereby reject the Altematives to the Project described in the SEIR for the reasons set forth in Exhibit C, attached hereto and incorporated herein by this reference. PASSED AND ADOPTED this 18th day of March, 2002, by the following vote: AYES: COUNCILMEMBERS: AR.ELLA.NO, DILLON, GARTMAN, MORAl .FS, PINHEIRO, VELASCO, and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: /s/ THOMAS W. SPRINGER Thomas A. Springer, Mayor ATTEST: /s/ RHONDA PELLIN Rhonda Pellin, City Clerk \NVH~546343.1 -4- EXHIBIT A i 1, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2002-17 is an original resolution, duly adopted by the Council of the City of G-ilroy at a regular meeting of said Council held on the 18th day of March, 2002, 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 3rd day of April, 2002. City Clerk of the City of Gilroy (Seal) m m m m m ITl 0 m m rtl rrl rn rn m I, RHONDA PELL1N, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2002-17 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 7th day of October, 2002, 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 1st day of November, 2002. City Clerk of the City of Gilroy (Sefl)