Resolution 1985-67
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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
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(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
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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:
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ATTES :
VA Ii/WwJ b.
RESOLUTION NO. 85-67
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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
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