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Resolution 1985-67 . . ,,". RESOLUTION NO. 85-67 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY GRANTING ON APPEAL A CONDITIONAL USE PERMIT TO ALLOW MEDICAL OFFICES IN AN M2 (GENERAL INDUSTRIAL) ZONE AT 7530 ARROYO CIRCLE. WHEREAS, KAISER FOUNDATION HEALTH PLAN, INC. has filed an appeal in due form from Resolution No. 85-21 of the Planning Commission denying a conditional use permit to operate medical offices in an "M2" (General Industrial) District at 7530 Arroyo Circle, and notice of the hearing of said appeal has been given in the manner and for the period required by law and the Zoning Ordinance of the City of Gilroy; and WHEREAS, the said hearing on the appeal has been held on September 30, 1985 at 8:00 p.m. in the Council Chambers in the City Hall at 7351 Rosanna Street, Gilroy, California, and evidence was submitted upon the said application and appeal contrary to the findings of the Planning Commission, the City Council finds: (l) That the proposed use is properly located in relation to the General Plan and to the community as a whole and to other land uses and to transportation and service facilities in the vicinity. (2) That the proposed use, if it complied with all conditions upon which approval is made contingent, will not adversely affect other property in the vicinity or cause damage, hazard or nuisance to persons or property; and (3) That potential environmental impacts, including traffic, identified in an initial study can be mitigated to an acceptable level of impact. RESOLUTION NO. 85-67 -l- . . ,~,. (4) That the proposed project meets the requirements and intent of the Zoning Ordinance. WHEREAS, the Planning Commission erred in denying the use permit based on a finding that excessive traffic loads on Sixth Street could not be mitigated, and WHEREAS, the City Council has determined on appeal that the said permit prayed for should be granted upon the following conditions: I. The applicant shall contribute to a future Major Street Fee Fund if such a fund is established by the City. 2. All on-street parking along Sixth Street between the Southern Pacific Railroad tracks and Monterey Street shall be eliminated to accommodate the additional traffic generated by the project. The applicant shall provide parking stalls in the Downtown area equal to the number removed, or contribute a fee to the Downtown parking district. Fees shall be based on the number of on-street parking stalls eliminated along Sixth Street necessary to accommodate the additional traffic generated by the project. 3. Any future expansion of the proposed medical facility or increase in the number of staff doctors beyond twenty (20), and/or fifty (50) for supporting staff, shall not be allowed without further review and a new use permit. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Gilroy does hereby determine on appeal that the said use permit prayed for be and the same is hereby granted in accordance with the application upon the condition that the other conditions hereinbefore set forth be complied with. RESOLUTION NO. 85-67 -2- . . PASSED AND ADOPTED this 30th day of September 1985, by the following vote: AYES: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN COUNCILMEMBERS: NONE COUNCILMEMBERS : NONE NOES: ABSENT: //,~ ATTES : VA Ii/WwJ b. RESOLUTION NO. 85-67 -3- . . .' I, SUSANNE E. STEINMETZ; City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 85-67 is an original resolution, duly adopted oy the Council of the City of Gilroy at a regular meeting of said Council held on the 30th day of September , 19 ~, 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 15th day of October 85 . 19