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Resolution 1992-12 , . . 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 -1- . . 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 -2- . . 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 -3- . . EXHIBIT "A" ( . .. -...... ,'. ~.. ~ . i.;' ., " II_-IIII!II.., I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I '~-.~r DUPLEX * 11'1 HOUSE' * ~I .....9..1 . I ~ ~1 HOUSE * ~ ~j VACANT i' .., IG ti III E ~ l>:: III '" ~ o iii * [::1 #'W.,.". >- III -' :;l ti ::0 l>:: ~ o o ( * ~I 13 UNIT APARTMENT ~ ~I N'P"io-1 I.. l~ .. ~. * ~'I VACANT *' stj. '* ~I '* ,;:,.....~ ''''''1 HOUSE ~I ,'I -A., ~~ X r- .d' ~I 'tl 'i-I ~I ~OUSE t I I * I~ 1'-1 l'l' .....:ru ;::;1 DUPLEX SEVENTH STREET ~----~----------------------------I Applicant-Initiated Parcels marked "*,, LOCATION MAP FOR GPA 91-09 'y CITY-INITIATED PARCEtS MARKED "*" ~G. . EXHIBIT "B" Planning Department NEGATIVE DECLARATION . 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. . . Negative Declaration GPA 91-09 -2- 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 . . EXHIBIT "c" CITY OF GILROY . 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. .....0.- 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 . . . . I . . . 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)