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Resolution 1993-33 , . ~ . . ..,- .. RESOLUTION NO. 93- 33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING GPA 92-08, AMENDING THE GENERAL PLAN MAP TO INCLUDE APPROXIMATELY 123.6 ACRES WITHIN THE 20-YEAR PLANNING AREA OF THE GENERAL PLAN, FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF MONTEREY STREET AND THOMAS ROAD, APNS 808-21-11, -12, -16, -18, AND -20. WHEREAS, Richard Blocher has submitted GPA 92-08, to amend the General Plan Map to include approximately 123.6 acres in the 20-year plan area of the General Plan, for property located at the Southwest corner of Monterey Street and Thomas Road, APNs 808- 21-11, -12, -16, -18, and -20, 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 accordance with the California Environmental Quality Act (CEQA) a mitigated Negative Declaration for this project, attached as Exhibit B and incorporated herein by this reference; and WHEREAS, the Planning Commission held a duly noticed public hearing on GPA 92-08 on June 3, 1993, continued from May 6, 1993 at the Applicant's request; and, WHEREAS, the Commission, after its public hearing on the matter, voted unanimously to recommend that the City Council adopt the mitigated Negative Declaration for the matter and then voted to adopt Resolution No. 93-18 recommending approval of GPA 92-08; and, WHEREAS, the city Council held a duly noticed public hearing on GPA 92-08 on June 21, 1993, and after that public hearing did adopt the mitigated Negative Declaration for this project, finding as follows: 1. That the Negative Declaration for this project reflected the independent judgment of the city; and, RESOLUTION NO. 93 - 33 -1- , . . . . 2. That there was no substantial evidence before the city council that the project as mitigated may have a significant effect on the environment; 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 92-08 would be in the public interest. C. GPA 92-08 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 include the subject 123.6 acres as shown on Exhibit A within the 20 year plan area of the General Plan. PASSED AND ADOPTED this 21st day of June, 1993 by the following vote: AYES: COUNCILMEMBERS: GILROY, HALE, NELSON, ROWLISON and GAGE. NOES: COUNCILMEMBERS: KLOECKER and VALDEZ. ABSENT: COUNCILMEMBERS: None ~rt~J::~ Susanne E. steinmetz, city Cl ~ APPROVED: ~e.~!~<Jr-- RESOLUTION NO. 93 - 33 -2- :r ... ::l o C/) , . , EXHIBIT A II II II DR A U 6 2 5 5 THOMAS \J <' l~ II { I II ~ T U C U 6 28 5 ~ z _ x ~ 0 .. ....--...-......... .....-.-.....----.--.-.--.--......--...-...-....-..... -... .1958' APN: 808-21-18 0.87 Ac. N_t GORMLY APN: 808-21-16 26.05 Ac. Net BARBERI \ ]>0. c 'to ~ \.. \. ]>0 'l ]>0 'to~' "-<.:::::. s.<:- v. w.o. . '\ EASEI.IENT ~PN: 808-21-20 \ 33.69 Ac. Net \ \ B L 0 C HER \ \'. ~ \ o M '( \J KERLE ~ z 1" = 500' LOCA T1 ON MAP MAP SHOWING THE PROPOSED GENERAL PLAN CHANGE OF THE LANDS OF BLOCHER AND FILICE RE\1SK1\1 DA 1E: 7-28-92 DRAWN B'1\ APPROVAL DA 1E: AI'l'ftO'itD BY: ~ MH engineering co. 16075 VINEYARD BLVD. MORGAN HIll. CA 95037 . EXHIBIT B . Planning Department NEGATIVE DECLARATION City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 (408) 848-0440 . . , City File Number: GPA 92-0B PROJECT DESCRIPTION: Name of Project: Nature of Project: Blocher General Plan Amendment Inclusion of 123.6 acres of Open Space in the 20-year planning area of the General Plan. PROJECT LOCATION: Location: Southwest corner of Monterey Street and Thomas Road Assessor's Parcel Number: 80B-2l-ll,12,16,16,20 Entitv of Persons Undertakina Proiect: Name: Richard Blocher Address: 3280 Hecker Pass Highway 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 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. 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. 2. Any proposed commercial development of a significant scale will have an independent environmental assessment to evaluate site specific environmental concerns. . . . . . .. Negative Declaration GPA 92-0B -2- 3/29/93 3. The proposal will not be detrimental to the public welfare or injurious to persons or property in the vicinity. 44 Potential significant effects can be mitigated to reduce them to an acceptable level of impact. MITIGATION MEASURES: 1. Any development of the site will require additional environmental review. All phases of development, to include design layouts and specific site considerations, shall be addressed fully within the City of Gilroy's Architectural & Site Review procedures. 2. The developer shall submit a detailed plan for all exterior lights, as part of the building permit review process. The lighting plan shall incorporate design elements that will minimize the potential for light and glare impacts on adjacent residential properties. The lighting plan shall be subject to the review and approval by the City Planning Department. 3. 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. 4. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included in any per mits issued for the project site, including but not limited to building permits for the future development, pursuant to review and approval of the City Planning Director: If archaeological resources or human remains are discovered during construction, work shall be halted within 50 meters (150 feet) of the find until it can be evaluated by a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented. Date Prepared: March 29, 1993 End of Review Period: April 30, 1993 Date Approved: Michael Dorn, Director of Planning ., . . . ..., . . EXHIBIT C MmGATION MONITORING PROGRAM CHECKLIST Blocher General Plan Amendment Initial Study (GPA 92-08) Prior to issuance of a Building Permit, the following mitigations sbaIl be implemented: Mitigation Nature of Mitigation Party Responsible Party Responsible Number for Implementation for Monitoring 1 Additional environmental Future Developers Cily Planning Department review. Design layouts and specific site considerations addressed in the Architectural & Site Review procedures 2 Detailed plan for all Future Developers Cily Planning Department exterior lights 3 Landscaping Future Developers Cily Planning Department 4 Archaeological (cultural) Future Developers Cily Planning Department language in all permits PKB/C:SYMPHONY -MaN ITOR . , . . "_0 .... I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 93-33 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 21st day of June , 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 22nd day of June ,1993. ora City of Gilroy (Seal)