Resolution 1993-07
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RESOLUTION NO. 93- 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING GPA 92-02, AMENDING THE
GENERAL PLAN MAP TO CHANGE THE DESIGNATION
FROM GENERAL SERVICES COMMERCIAL AND MEDIUM
DENSITY RESIDENTIAL TO HIGH DENSITY RESI-
DENTIAL FOR PROPERTY LOCATED AT 8710 CHURCH
STREET, SOUTH OF HOWSON STREET, ON APPROXI-
MATELY .814 ACRES, APN 790-37-015
WHEREAS, DeBell Homes has submitted GPA 92-02, to amend
the General Plan Map to change the designation from General
Services commercial and Medium Density Residential to High Density
Residential for property located at 8710 Church Street, south of
Howson street, on approximately .814 Acres, APN 790-37-015, as such
lands are shown on the map attached hereto as Exhibit A and
incorporated herein by this reference; and,
WHEREAS, the City has prepared and circulated in
accordance with the California Environmental Quality Act (CEQA) a
Negative Declaration for this project, attached as Exhibit Band
incorporated herein by this reference; and
WHEREAS, the Planning commission held a duly noticed
public hearing on GPA 92-02 on February 4, 1993, and after that
public hearing voted to recommend that the City Council adopt the
Negative Declaration and then voted to adopt Resolution No. 93-6
recommending approval of GPA 92-02; and,
WHEREAS, the City Council held a duly noticed public
hearing on GPA 92-02 on February 16, 1993, and after that public
hearing did adopt the Negative Declaration for this project,
finding as follows:
1. That the Negative Declaration for this project
reflected the independent judgment of the City; and,
2. That there was no substantial evidence before
the city Council that the project as mitigated may have a signifi-
cant effect on the environment.
RESOLUTION NO. 93 - 7
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NOW, THEREFORE, BE IT RESOLVED THAT:
A. The mitigation monitoring program required by Public
Resources Code Section 21081.6 for this project, as set forth in
Exhibit C, and incorporated herein by this reference, is hereby
adopted.
B. The City Council further finds that:
l. The City has properly taken all actions
required by CEQA; and
2. Approval of GPA 92-02 would be in the public
interest.
C. GPA 92-02 should be and hereby is approved, subject
to the mitigation measures contained in the Negative Declaration
and mitigation monitoring program, and the Gilroy General Plan Map
is hereby amended to change the designation from General Services
Commercial and Medium Density Residential to High Density Residen-
tial for property located at 8710 Church Street, south of Howson
street, on approximately .8l4 Acres, as such lands are shown on
Exhibit A.
PASSED AND ADOPTED this 22ndday of February, 1993 by the
following vote:
AYES:
COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON,
ROWLISON, VALDEZ and GAGE.
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
APPROVED:
D~~:~
RESOLUTION NO. 93 - 7
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Location Map for GPA 92-02 (DeBell)
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EXHIBIT A
1.
The project shall be designed in accordance with earthquake cesiqn
:;g~~:t~~:; :~i~::n~n~::::t:~~~~ing Code, SUbjecl:){lfiillifieiland
approval
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Planning Department
NEGATIVE
DECLARATION
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City of Gilroy
735l Rosanna St,
Gilroy, CA 95020
(408) 848-0440
City File Number: GPA 92-02
PROJECT DESCRIPTION:
Name of Project:
Nature of Project:
DeBell Homes
General Plan Amendment
PROJECT LOCATION:
Location: 8170 Church Street
Assessor's Parcel Number: 790-37-015
Entitv of Persons Undertakinq Pro;ect:
Name: Michael DeBell
Address: 5203 1st Ave. NW, Seattle, WA 98107
INITIAL STUDY:
An Initial Study of this project was previously 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 t~e project,
or the project has been revised, see Mitigation Measures below which avoid
or mitigate the effects, to a point where no significant effects wil~
occur. There is no substantial evidence the project, as revised, may have a
significant effect on the environment. The following reasons w~ll support
these findings:
1. Identified adverse impacts such as ~he effect on remaining sewer ?:ar-t
capacity, school impacts, and increase in traffic generated :=o~ ~~~s
project are proposed to be mitigated through buildout sc~ecu~es, 3c~ool
impaction fees, and construction of off-site improvements.
2. The proposal will not be detrimental to the public welfare or ~n:ur~ous
to persons or property in the vicinity.
3. Potential significant effects can be mitigated to reduce t~em to an
acceptable level of impact.
MITIGATION MEASURES:
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Negative Declaration GPA 92-02
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',1/30/92
2. The development of the site shall conform to the City of Gilroy's
Consolidated Landscaping Policy, subject to the review and approval by the
City Planning Department.
3. A noise survey shall be conducted prior to any residential buildout for
those properties which are contiguous to a designated City of Gilroy General
Plan "Collector" or "Thoroughfare". The survey information shal: be '..1sed to
determine the need for any noise attenuation structures or special ~ui:ding
design considerations.
4. The development of the 'site shall conform to Uniform Fire Code, subject to
the review and approval by the City Fire Department.
5. Prior to the development of the site, the developer shall pay required City
of Gilroy Public Safety impact fees.
6. The developer shall, as soon as possible, and before issuance of any
building permits for the project, negotiate with the Gilroy Uni=ied School
District to determine the level of additional impacts on the District. In
the case of an impasse, the City of Gilroy shall mediate the negotiation.
Following completion of the negotiations, the developer shall provide
mitigation of the impacts to the School District which may include 1) impact
fees, 2) dedication of land, 3) facilities, and/or 4) equipment.
7. Prior to the development of the site, the developer shall pay required City
of Gilroy Parks & Recreation impact fees.
8. The design of all storm drainage improvements serving the project site shall
be provided by the developer, subject to the review and approval by the City
Department of Public Works.
9. The developer shall pay the appropriate water service impact fees, subject
to the review and approval of the City Engineer prior to the issuance of
building permits.
10. The developer shall pay the appropriate sewer service impact fees, subject
to the review and approval of the City Engineer prior to the issuance of
building permits.
11. The design of all sewer line improvements serving the project s~~e sha:~ be
provided by the developer, subject to the review and approval jy ~~8 j:~~y
Department of Public Works.
12. The developer shall provide for an archaeological reconnaissance ~f ~~e site
prior to the issuance of any building permits, subject to ~~e ~~orcval by
the City Planning Department.
Date Prepared: November 30, 1992
End of Review Period: December 28, 1992
Date Approved:
Michael Dorn, Jirector of ?l~nni~g
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MITIGATION MONITORING PROGRAM CHECKLIST
DeBell Homes General Plan Amendment Initial Study (92.02)
Prior to issuance of a Building Permit, the following mitigations shall be
implemented:
party
Mitigation Nature of Mitigation Responsible for party Responsible for
Number Implementation Monitoring
1 Development designed in Future Developers City Building Department
accordance with earthquake
desilm re","lations
2 Landscaninl! Future Develoners City Plannin'" Director
3 Conduct a noise survey Future Develoners Citv Planninl! Director
4 Pay public safety impact fees Future Developers City Planning Director
(Fire Protection)
5 Demonstration of adequate Future Developers City Fire Marshal
water pressure and supply
accordinl! to Gilrov fire codes
6 Pay public safety impact fees Future Developers City Planning Director
(Police Protection)
7 Negotiation with school district Future Developers City Planning Director
to nav school imnact fees
8 Pay parks and recreation Future Developers City Planning Director
imnacts fees
9 Storm Drain Imnrovements Future Develoners City EnPineer
10 Pav water imnact service fees Future Develoners Citv Emnneer
11 , Pay sewer service imnact fees Future Develooers Citv Enl!'ineer
l2 Utilitv imnrovement nlan Future Develoners Citv EnPineer
l3 Archaeological (cultural) Future Developers City Planning' Director
lan2'Ua"" in all nermits
EXHIBIT C
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 93-7 is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 22nd day of February 19 93
, 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 23rd day of
February
,l993.
(Seal)