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Resolution 1993-08 '1:1 . . , RESOLUTION NO. 93- 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING GPA 92-03, AMENDING THE GENERAL PLAN MAP TO CHANGE THE DESIGNATION FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL ON APPROXIMATELY 3.74 ACRES, FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF CHURCH STREET AND ROMAN AVENUE, APNs 790-l6-014, -049 WHEREAS, Edith Huang has submitted GPA 92-03, to amend the General Plan Map to change the designation from Low Density Residential to Medium Density Residential on approximately 3.74 of 8.2 acres of property located at the northwest corner of Church Street and Roman Avenue, APNs 790-16-0l4, -049, as such land is shown on the map attached hereto as Exhibit A and incorporated herein by this reference; and, WHEREAS, the City has prepared and circulated in accor- dance 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 92-03 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. 93-7 recommending approval of GPA 92-03; and, WHEREAS, the City Council held a duly noticed public hearing on GPA 92-03 on February 16, 1993, and after tbat 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 - 8 -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: 1. The City has properly taken all actions required by CEQA; and 2. Approval of GPA 92-03 would be in the public interest. C. GPA 92-03 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 Low Density Residential to Medium Density Residential for the 3.74 acres located at the northwest corner of Church Street and Roman Avenue, as such land is shown on Exhibit A. PASSED AND ADOPTED this 22ndday of February, 1993 by the following vote: AYES: COUNCILMEMBERS:GILROY, HALE, KLOECKER, NELSON, ROv~ISON, VALDEZ and GAGE. NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None APPROVED: ~i:9r ~ Susanne Steinmetz, City RESOLUTION NO. 93 - 8 -2- . \.,.'''t ~_:;.:. \ \\ " ''\ " " " " , , ,\ '", '\ . '. . ..*.. . . . . . . . . . ..... ........ .......... ..- I........... ~............... . \...........*... . ..... 'I........... . . . . a.-- . . . . _e--- . .......... ..--.... ,.--.............. . !. . . . . - t .,. .. .. .. .. .'..' 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Planning Department NEGATIVE DECLARATION City of Gilroy 735l Rosanna St. Gilroy, CA 95020 (408) 848-0440 city File Number: GPA 92-03 PROJECT DESCRIPTION: Name of Project: Nature of Project: Huang General Plan Amendment PROJECT LOCATION: Location: Northwest Corner of Church Street and Ronan Avenue Assessor's Parcel Number: 790-16-014, 790-16-049 Entitv of Persons Undertakinq proiect: Name: Edith Huang Address: 30 Trail Lane, Woodside, CA 94062 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 Ci~y 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 suppor~ these findings: 1. Identified adverse impacts such as the effect on remaining sewer plant capacity, school impacts, and increase in traffic generated =~om :~is project are proposed to be mitigated through buildout schedu:es, school impaction fees, and construction of off-site improvements. 2. The proposal will not be detrimental to the public welfare or _,~~~rious to persons or property in the vicinity. 3. Potential significant effects can be mitigated to reduce the~ to an acceptable level of impact. MITIGATION MEASURES: 1. Prior to development of the site, the developer shall provide a So~ls investigation subject to the approval of the City Engineer. EXHIBIT B Negative Declaration GPA 92-03 -2- 12/15/92 , . . 2. The design of all storm drainage improvements serving the project site, and a hydrology study, shall be provided by the developer, subject to the review and approval by the city Department of Public Works. 3. The Developer shall construct finished floor elevations at least one foot above the one hundred (100) year flood elevation as delineated on the current Flood Insurance Rate Maps (FIRM) produced by the Federal Emergency Management Agency (FEMA). 4. Prior to development of 'the site, the developer shall pay the required city traffic impact fee. S. The design of all street improvements serving the project site shall be provided by the developer, subject to the review and approval by the city Department of Public Works. 6. The development of the site shall include the installation of bicycle racks for the residents, subject to the review and approval by the city Planning Department. 7. All phases of development shall provide minimum off-street parking in accordance with Section 31, Off Street Parking Requirements, of the City's Zoning Ordinance, subject to the review and approval by the City Planning Department. 8. Prior to the development of the site, the developer shall pay required City of Gilroy Public Safety impact fees. 9. 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. 10. The developer shall, as soon as possible, and before issuance of any building permits for the project, negotiate with the Gilroy Uni:~ed sc~ool District to determine the level of additional impacts on the D~st~ict. In the case of an impasse, the City of Gilroy shall mediate the neqo~ia~ion. Following completion of the negotiations, the developer shall provide mitigation of the impacts to the School District which may include ~) ~~pact fees, 2) dedication of land, 3) facilities, and/or 4) equipmen~. 11. Prior to the development of the site, the developer shall 0ay ~e~~~red C~~y of Gilroy Parks & Recreation impact fees. 12. The developer shall pay the appropriate water service impac~ :ees, su~:ect ~o the review and approval of the City Engineer prior to the issuance 0: building permits. 13. All existing on-site wells shall be permanently capped in compliance with the standards set forth by the Santa Clara Valley ~vater District and the City Department of Public Works prior to the issuance of a buildi~g permit. . . Negative Declaration GPA 92-03 -3- 12/16/92 14. 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. 15. The developer shall provide for an archaeological reconnaissance of the site pri~r to the issuance of any building permits, subject to the approval by the City Planning Department. Date Prepared: December 16, 1992 End of Review Period: January 11, 1992 Date Approved by City Council: Michael Darn, Director of Planning .". . . MITIGATION MONITORING PROGRAM CHECKLIST Huang General Plan Amendment Initial Study (92.03) 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 Preliminary soils investigation Developer City Department of Public Works 2 Hydrology study and stonn drain Developer City Department of Public improvement desilms Works 3 Finish floor elevations to be at Developer City Building Department least one foot above 100-year flood elevation 4 Payment of citywide traffic Developer City Department of Public impact fee Works 5 Street design improvements Developer City Department of Public Works 7 Provision of minimum off-street Developer City Planning Department parkim!" reouired 8&9 Payment of public safety impact Developer City Department of Public fees Works 10 Negotiate with school district for Developer City Planning Department payment of additional school impact fees 11 Payment of parks and recreation Developer City Department of Parks impact fees and Recreation l2 Payment of water service impact Developer City Department of Public fees Works l3 Cap all existing on-site wells Developer City Department of Public Works 14 Payment of sewer service impact Developer City Department of Public fees Works 15 Archaeological (cultural) Developer City Planning Department langual!'e in all nermits EXHIBIT C . . Prior to issuance of Occupancy, the following mitigation shall be implemented: MITIGATION MONITORING PROGRAM CHECKT.TI'lT Huang General PIan Amendment Initial Study (92.03) Mitigation Nature of Mitigation Number Party Responsible for Party Responsible for Implementation Monitoring 6 Installation ofbi cle racks , . .....:"..._..~-..~~...-.'"'~.~-,._"....~....(~.~--~.",'. Develo er Ci Plannin De artment .. . ~-"__p____.." .'"_..._.......'.,.~.,.....__......._~..'n~__._~:-~__....__... ( . b t I P . . It . .' II II' ~, .. . I' ~ II . . ~ , , ~ I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 93-8 is an original resolution, duly adopted by the Council of the City of Gilroy at an adjourned regular meeting of said Council held on the 22nd day of February, 19~, 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 ,1993. d~~~' Itity Clerk uf the City of Gilroy (Seal)