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Resolution 1992-13 . . RESOLUTION NO. 92- 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DENYING GPA 91-06 WHEREAS, James and Anne Lenihan have submitted GPA 91-06, to amend the Gilroy General Plan map to change the designation from Park/Public Facility to Low Density Residential on approximately 9.03 acres, APN 790-05-039; and WHEREAS, the Planning Commission held a duly noticed public hearing on the 5th day of December, 1991, and after that public hearing duly make its recommendation to the City Council regarding GPA 91-06; and WHEREAS, the City Council held a duly noticed public hearing to consider GPA 91-06 on the 16th day of December, 1991, and on that date 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 91-06; NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council hereby finds as follows: 1. There is no substantial evidence before the city Council that the project may have a significant effect on the environment; and 2. The city has properly taken all actions required by the California Environmental Quality Act; and 3. The Negative Declaration prepared for GPA 91-06, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, should be and hereby is approved; and RESOLUTION NO. 92 - 13 -1- . . B. For good cause shown, GPA 91-06 should be and hereby is denied. PASSED AND ADOPTED this 3rd day of February , 1992 by the following vote: AYES: COUNCILMEMBERS: KLOECKER, ROWLISON, VALDEZ and GAGE NOES: COUNCILMEMBERS: GILROY, HALE and NELSON ABSENT: COUNCILMEMBERS: None APr;::M j. ~ Mayor ATTEST: x4lvMAUU./({,~ city Clerk RESOLUTION NO. 92 - 13 -2- " , << EXHIBIT "A" .. Planning Department NEGATIVE DECLARATION City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 (408) 848-0440 City pile Number. GPA 91-06 PROJEC'r DESCRIPTION: c Name of Project: Nature of Project: Lenihan General Plan Amendment A General Plan Amendment request to amend the General Plan Map from Park/Public Facility to Low Density Residential on 9.03 acres. PROJEC'r LOCATION: Location: Santa Teresa Boulevard west of Longmeadow Drive Assessor"s Parcel Number: 790-05-039 Entitv or Person(s) Undertakinq proiect: Name: Address: James & Anne Lenihan 310 S. El Monte, Los Altos, CA 94022 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 c PINDINGS & 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 findin9s: 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 remaining 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 proposal will not be detrimental to the public welfare or injurious to persons or property in the vicinity. , -2- -- .. , . . . .- Neqative Declaration GPA 91-06 10/3/91 MITIGATION MEASURES: ( and the City of Gilroy 1. If the Gilroy Unified School Districtt 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. All building pads shall be raised at least one foot above the lOa-year flood elevation. S. No residences shall be constructed within areas designated by the National Flood Insurance Study as being in a floodway. ( 6. The developer shall provide for an archaeological reconnaissance of the site prior to the issuance of any building permits. 7. 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 Date Approved by City Council: 1/21/92 ~Pcr- Michael Darn, Director of Planning '- . . . .. ., .. .. I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 92-13 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__!~~~~EI-___ 19 92. ~dAuuJ_______~_ City Clerk of the City of Gilro~ (Seal)