Resolution 1992-12
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RESOLUTION NO. 92- 12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY TAKING CERTAIN ACTIONS REQUIRED BY
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND
APPROVING GPA 91-09, AMENDING THE GILROY
GENERAL PLAN MAP TO CHANGE THE DESIGNATION
FROM LOCAL COMMERCIAL TO MEDIUM DENSITY
RESIDENTIAL ON SIXTEEN PARCELS COMPRISING
APPROXIMATELY 2.72 ACRES ON BOTH SIDES OF
EIGLEBERRY STREET BETWEEN SIXTH AND SEVENTH
STREETS
WHEREAS, Marko Gera has submitted GPA 91-09, to amend the
Gilroy General Plan map to change the designation from Local
Commercial to Medium Density Residential on six parcels along the
northeast side of Eigleberry Street between sixth and Seventh
streets, and the Planning commission on November 11, 1991 initiated
the same change to the General Plan Map for ten other parcels on
both sides of Eigleberry Street, all as shown on the attached
Exhibit "A", incorporated herein by this reference; and
WHEREAS, the Planning Commission held a duly noticed
public hearing on the 5th day of December, 1991, and after that
public hearing did unanimously vote to recommend that the City
Council approve the Mitigated Negative Declaration prepared
pursuant to the requirements of the California Environmental
Quality
Act
and
unanimously
passed
Resolution
No. 91-31
recommending approval of GPA 91-09; and
WHEREAS, the City Council held a duly noticed public
hearing to consider GPA 91-09 on the 16th day of December, 1991,
and on that day voted to continue the matter to the 21st day of
January, 1992, and did on the latter date conduct a duly noticed
public hearing to consider GPA 91-09;
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council finds that:
1. There is no substantial evidence before the
city Council that the project may have a significant effect on the
environment; and
RESOLUTION NO. 92 - 12
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2. The City has properly taken all actions
required by the California Environmental Quality Act; and
3. The Mitigated Negative Declaration prepared for
GPA 91-09, a copy of which is attached hereto as Exhibit "B" and
incorporated herein by this reference, should be and hereby is
approved; and
B. The mitigation monitoring program required by Public
Resources Code section 21081.6, attached hereto as Exhibit "c" and
incorporated herein by this reference, is hereby adopted; and
C. The city Council hereby finds that the adoption of
GPA 91-09 is in the public interest, and that GPA 91-09 should be
and hereby is approved, so that the Gilroy General Plan map is
amended to change the designation from Local Commercial to Medium
Density Residential on sixteen parcels comprising approximately
2.72 acres located on both sides of Eigleberry street between sixth
and Seventh streets; and
D. It is the intent of the city council in approving
this General Plan Amendment that a potential for commercial
development on the SUbject properties be preserved by the
RESOLUTION NO. 92 - 12
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imposition of a planned unit development overlay zone in a
subsequent rezoning action.
PASSED AND ADOPTED this 3rd day of February
, 1992
by the following vote:
AYES:
COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON
and GAGE.
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: VALDEZ
A71~ j-.~
Mayor
RESOLUTION NO. 92 - 12
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EXHIBIT "A"
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DUPLEX
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Applicant-Initiated Parcels marked "*,,
LOCATION MAP FOR GPA 91-09
'y CITY-INITIATED
PARCEtS MARKED "*"
~G.
. EXHIBIT "B"
Planning Department
NEGATIVE
DECLARATION
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City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
(408) 848-0440
city File NUmber. GPA 91-09
PROJECT DESCRIPTION:
Name of Project:
Nature of Project.
Gera General Plan Amendment
A General Plan Amendment request to amend the General
Plan Map from Local Commercial to Medium Density
Residential on 2.72 acres.
PROJECT LOCATION:
Location. Eigleberry Street, between Sixth and Seventh Streets
Assessor's Parcel Numbers: 790-08-011 through 021, 790-08-045 through 051,
and 790-08-060
Entitv or Person(s) undertakinq Pro;ect.
Name:
Address:
Marko and Nick Gera
19136 Springbrook Lane, Saratoga, CA 95070
INITIAL STUDY:
An Initial study of this project was undertaken and prepared for the
purpose of ascertaining whether this project might have a significant
effect on the environment. A copy of this study is on file at the city of
Gilroy Planning Department, 7351 Rosanna Street, Gilroy, CA 95020.
FINDINGS & REASONS:
The Initial Study identified potentially significant effects on the
environment. However, the applicant has agreed to revisions in the
project, or the project has been revised, see Mitigation Measures below
which avoid or mitigate the effects, to a point where no significant
effects will occur. There is no substantial evidence the project, as
revised, may have a significant effect on the environment. The following
reasons will support these findings:
1. The proposal is a logical extension of the existing urban, land use,
and zoning patterns of this area.
2. Identified adverse impacts such as the effect on rema~n~ng sewer plant
capacity, school impacts, and increase in traffic generated from this
project are proposed to be mitigated through buildout schedules,
school impaction fees, and construction of off-site improvements.
3. The proposed project is consistent with the adopted goals and policies
of the General Plan of the City of Gilroy.
4. The proposed project is located in an already urbanized area and all
municipal services and utilities are available.
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Negative Declaration
GPA 91-09
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1/21/92
MITIGATION MEASURES:
1. If the Gilroy Unified School District and the city of Gilroy determines
that the project will impact local schools beyond the level offset by
required school impaction fees, the developer shall, as soon as possible,
and before issuance of any building permits for the project, negotiate
with the Gilroy Unified School District and the city of Gilroy and agree
to furnish funds or facilities that will fully mitigate such impacts.
2. The design of all storm drainage and sewer lines shall be subject to the
approval of the Director of Public Works and the Santa Clara Valley Water
District.
3. Street improvements shall be provided by the developer subject to the
approval of the Director of Public Works.
4. Native trees and shrubs shall be preserved wherever possible. Where
removal is necessary, the developer shall submit a replanting/replacement
program subject to the approval of the Director of Planning.
Date Prepared: October 3, 1991
End of Review period: November 8, 1991
Approved by the city Council: January 21, 1992
~f)o--
Michael Dern
Director of Planning
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EXHIBIT "c"
CITY OF GILROY
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MITIGATION MONITORING: PROGRAM CHEClCLlST
INITIAL STIllY FOR THE GEM GENERAL PLAN AMENDMENT (GPA 91-09)
CATEGORY I
OF IMPACT I
NATURE OF
MITIGATION
1. If the Gi lroy Unified School
District and the City of
Gilroy detenmine that the
project will impact local
schools beyond the level
offset by required school
impaction fees, the developer
shall, as soon as possible,
and before issuance of any
building permits for the
project, negotiate with the
Gilroy Unified School District
and the City of. Gilroy and
agree to furn; sh furds or
facilities that will fully
mitigate such impacts.
2. The design of all storm
drainage and sewer lines shall
be subject to the approval of
the Director of Public Works
and the Santa Clara Valley
Yater District.
3. Street irrprovements shal t be
provi ded by the developer
subject to the approval of the
Director of Public Works.
4. Native trees & shrubs shall be
preserved wherever possible.
Where removal is necessary,
the developer shall submit a
replanting/replacement program
subject to the approval of the
Director of Planning.
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PARTY RESPONSIBLE
FOR IMPLEMENTATION
PARTY RESPONSIBLE
FOR MONITORING
TIMING OF IMPLEMENTATION
OF MITIGATION
Developer
Chief Building
Official
Prior to building permit
Gilroy School
SUperi ntendent
Developer
Director of Public
\larks
Prior to building permit
Santa Clara Valley
\later District
Developer
Director of Public
Works
Prior to building permit
Developer
Director of Planning
Prior to grading permit
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 92-12
is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the
3rd
day of
February
, 19 92 ,
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 7th day of February
19 92.
( Seal)