Resolution 1988-66A
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RESOLUTION NO. 88-66-A
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
APPROVING AN AMENDMENT TO THE CITY OF GILROY
GEN ERAL PLAN
WHEREAS, on July 20, 1987, an application was filed requesting
amendment of the Gilroy General Plan for a 1,881 acre site located adjacent
to the southwesterly side of the City of Gilroy, west of Santa Teresa
Boulevard and south of Uvas Creek between Hecker Pass and Mesa Road in order
to change the designation of the property from Rural Residential and
Hillside Residential to Low Density Residential and Hillside Residential and
to include the property in the 20-year planning area for the purpose of the
future conceptual development of the property, which development is gener-
ally proposed as above average income residential housing, including a golf
course, country club, and recreational and open space amenities (file #GPA
87-1 by Shapell Industries of Northern California {O'Connell Ranch}; and
WHEREAS, City of Gilroy Planning Commission staff prepared a Notice of
Preparation providing notice of the preparation of an Environmental Impact
Report ("EIR") addressing the submitted proposal, which notice was
circulated for agency review as required by California Environmental Quality
Act ("CEQA") Guidelines; and
~IEREAS, in accordance with the Notice of Preparation and comments
received following distribution of the Notice of Preparation, and pursuant
to the requirements of CEQA, a Draft Environmental Impact Report ("DEIR")
was prepared for the subject property; public notice was provided ot the
availability of the DEIR, and the DEIR was circulated for comment as
required by law; and
~IEREAS, the Planning Commission evaluated comments on the DEIR and
prepared written responses thereto; and
WHEREAS, on September 1, 1988, a duly noticed public hearing was held
by the Planning Commission to solicit further comments on the adequacy and
accuracy of the DEIR document; at which meeting the Planning Commission
considered the proposal, the modifications, changes, mitigations, and
alternatives to said project recommended by the DEIR and by various agencies
and individuals, and considered comments on the DEIR and written responses
thereto; and
RESOLUTION NO. 88-66-A
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WHEREAS, on September 1, 1988, at a duly noticed public hearing, the
Planning Commission voted unanimously to recommend to the City Council of
the City of Gilroy that the Council adopt and certify the EIR document and
approve the proposed amendment to the Gilroy General Plan, as recommended by
s taft; and
WHEREAS, on September 6, 1988, a duly noticed public hearing was held
by the City Council to solicit further comments and responses to the EIR
document and to consider the adequacy and accuracy of the EIR document;
WHEREAS, at the public meeting of September 6, 1988, written responses
to written comments on the EIR document were considered by the City Council,
and oral testimony and comment were considered by the Council; and the City
Council voted to continue the public hearing on the adequacy and accuracy of
the EIR document to October 3, 1988 in order to further elicit, consider,
and evaluate comments and responses; and
WHEREAS, on October 3, 1988, a duly noticed public hearing was held by
the City Council to solicit further comments and responses to the EIR
document and to further consider the adequacy and accuracy of the EIR
document; and
WHEREAS, at the public meeting of October 3, 1988, written responses
to written comments on the EIR document were considered by the City Council,
and oral testimony and comment were considered by the Council; and the City
Council voted to continue the public hearing on the adequacy and accuracy of
the EIR document to November 7, 1988 in order to further elicit, consider,
and evaluate comments and responses; and
WHEREAS, the City Council prepared a Preliminary Final EIR
("Preliminary FEIR") which incorporated the DEIR and all written responses
and comments thereto ("Volume II"); public notice was provided of the
availability of the Preliminary FEIR, and the Preliminary FEIR was
circulated for comment; and
WHEREAS, on November 7, 1988, a duly noticed hearing was held by the
City Council to further consider the adequacy and accuracy of the EIR
document; and
WHEREAS, having reviewed and considered all testimony and materials
made available to the City Council as set forth above including, but not
RESOLUTION NO. 88-66-A
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,limited to, the Preliminary FEIR and the comments, responses, studies and
reports referred to or contained therein, and the comments and responses
thereto, the Staff reports and the various mitigation measures,
alternatives, changes and modifications to the proposal, and all testimony
and evidence in the record of the proceedings with respect to the proposal
and these applications, all of which considered together shall be known as
the Final EIR, on November 7, 1988, the City Council took the action
hereinafter set forth.
NOW THEREFORE, BE IT RESOLVED that the City Council finds and resolves
the following:
The City Council certifies, orders, resolves, and finds that:
(a) The Council hereby certifies that prior to adopting the amendment
to the Gilroy General Plan, it has reviewed and considered the information
contained in the Final EIR consisting of the Draft EIR dated June 1988, and
the comments and responses thereto (all of which are collectively referred
to herein as the "Final EIR"); and
(b) The Final EIR is adequate and complete, and has been prepared and
processed in compliance with CEQA and State and County CEQA Guidelines and
making the findings, determinations, and statements of overriding
considerations set forth therein; and
(c) The Final EIR indicates that a housing shortage is currently
projected in both Santa Clara County and the City of Gilroy due to the fact
that there is and will continue to be an imbalance between jobs and housing
in Santa Clara County and the City of Gilroy; and
(d) The City of Gilroy Housing Element (of the General Plan),
Technical Appendix, adopted by the City Council on April 21, 1986, citing
(at pp. 11-15, 111-1) the Association of Bay Area Governments (ABAG) study,
indicates that approximately 2249 new residential units are needed in the
City of Gilroy from 1985-1990 to meet projected demand for housing; and
(e) The requested amendment to the General Plan and the conceptual
future development of the subject property is consistent with the City of
Gilroy General Plan policy of providing for a balanced community with an
equal proportion of jobs and housing (General Plan, pp. 11-2), and is
further consistent with the General Plan Housing Element which indicates a
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need for housing in the City of Gilroy, with a special need for above
average income housing (City of Gilroy Housing Element, Technical Appendix,
pp. 11-5, 11-14).
NOW THEREFORE, BE IT RESOLVED that the City Council certifies, orders,
finds and resolves the following:
1. The Council hereby adopts the following amendments to the Gilroy
General Plan with regard to the proposed site property:
(a) Amend the land use designation of portions of the property from
Rural Residential and no designation to the following:
(i) Amend the land use designation of the property (Area AI;
964 acres) from "no designation - beyond the General Plan Area" to Open
Space Preserve).
(ii) Retain the land use designation of the property (Area A2;
559 acres) as Hillside Residential.
(iii) Amend the land use designation of the property with
slopes less than 10% (Area Bl; 133 acres) to Low Density Residential.
(iv) Retain the land use designation of the property (Area B2;
67 acres) as Hillside Residential.
(v) Amend the land use designation of the property (Area C; 38
acres) with slopes less than 10% to Low Density Residential, the remainder
to be amended to Hillside Residential.
(b) Include the subject property and the contiguous area in Figure ~
in the 20-year planning area.
Passed and adopted this 7th day of November, 1988 by the following
vote:
AYES:
COUNCILMEMBERS :
GAGE, HALE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN.
NOES:
COUNCILMEMBERS :
None
ABSENT:
COUNCILMEMBERS :
None
ATTEST:
;I.
RESOLUTION NO. 88-66-A
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No.~-66-A is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 7th day of
November , 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 13th day of December
19 88.
(Seal)