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Resolution 1993-07 . . 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 -1- . . 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 -2- Location Map for GPA 92-02 (DeBell) 6 N . .- . .- . . .. . . ........ .. .. .. ... . ...-.. L M L 1 '--.... ~ ___ U..!..'!'P_ '-, r- .' , :;;!_~~~. ::1-- ,.-.' ;: J, ',-(.~~'. ~ .",:,.~t..! o. " :1 '. '." ,tlL~J:~ Sol _llIe... I.'~ '.. ..' .' L EXHIBIT A 1. The project shall be designed in accordance with earthquake cesiqn :;g~~:t~~:; :~i~::n~n~::::t:~~~~ing Code, SUbjecl:){lfiillifieiland approval . . Planning Department NEGATIVE DECLARATION , . , 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: > . . . . . Negative Declaration GPA 92-02 -2- ',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 ,.' . . . . . 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 i;;~'~,,::,~,W~"" --.-.".-.-.....,..".. . , . . . . . . . . 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)