Resolution 1993-40
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RESOLUTION NO. 93- 40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING GPA 92-04, AMENDING THE
GENERAL PLAN MAP FROM LOW DENSITY RESIDENTIAL
TO MEDIUM DENSITY RESIDENTIAL AND LOCAL
COMMERCIAL ON APPROXIMATELY 26 ACRES LOCATED
AT THE SOUTHWEST AND SOUTHEAST CORNERS OF
FUTURE TENTH STREET AND FUTURE THOMAS ROAD,
APNS 808-19-02 AND -04.
WHEREAS, Bill Reimal, Don and Bill Christopher and Glen
Loma Corporation have submitted GPA 92-04, to amend the General
Plan map to redesignate from low density residential to medium
density residential and local commercial on approximately 26 acres
located at the southwest and southeast corners of future Tenth
Street and Thomas Road, APNs 808-19-02 and -04, 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 92-04 on July 1, 1993 and subsequently
adopted a motion that the project, as modified, was within the
scope of the mitigated Negative Declaration and that it does not
create any potentially significant environmental effects; and,
WHEREAS, the Commission then adopted Resolution No. 93-21
recommending that the city Council approve GPA 92-04; and,
WHEREAS, the City Council held a duly noticed public
hearing on GPA 92-04 on July 19, 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 - 40
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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;
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
Exhibi t 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 92-04 would be in the public
interest.
C. GPA 92-04 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 subject 26 acres from Low Density
Residential to Medium Density Residential and Local Commercial as
shown on Exhibit A.
PASSED AND ADOPTED this 19th day of July, 1993 by the
following vote:
AYES:
COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON,
VALDEZ and ROWLISON.
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: GAGE
;l~~k
Susanne E. ste~nmetz,
RESOLUTION NO. 93 - 40
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LOCATION MAP FOR GPA 92-04
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EXHIBIT A
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PROJECT DESCRIPTION:
EXHIBIT B
Planning _epartment · /.
C~ty of Gilroy
NEGATIVE G~i;~y~o~;:m~5~~O
(408) 848-0440
DECLARATION
city File Number: GPA 92-04
Name of Project:
Nature of Project:
Reimal/Christopher General plan Amendment
General Plan Amendment from Low Density Residential to
Medium Density Residential and Local commercial on 16
acres..
PROJECT LOCATION:
Location: Southwest and southeast corners of future Tenth st. & Thomas Rd.
Assessor's Parcel Number: 808-19-02
Entitv of Persons undertakinQ pro;ect:
Name: Bill Reimal/Don Christopher
Address: 7B81 Church st., Gilroy, CA
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, m~y have a significant effect on the environment. The following
reasons will support these findings:
1. Identified adverse impacts such as the effect on remaLn~ng 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.
3. The proposal will not be detrimental to the public welfare or
injuriOUS to persons or property in the ~icinity.
4. potential significant effects can be mitigated to reduce them to an
acceptable level of impact.
Negative Declaration
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2/5/93
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MITIGATION MEASURES:
1~ The developer shall incorporate vehicle access and emergency vehicle
access subject to the approval of the Director of Public Works.
2. The developer must contribute to any necessary signalization subject to
the approval by the city Oepartment of Public Works.
3~ Prior to the development of the site, the developer must obtain sufficient
sewer allocation to serve the proposed project, and will be required to
pay city of Gilroy sanitary sewer connection fees.
4. The design of all sewer line improvements serving the project site shall
be provided by the developer, subject to the review and approval by the
city Department of Public Works.
s. Prior to development of the site, the developer shall provide a soils
investigation suloject to the approval of the city Engineer.
6. The design of all storm drainage Lmprovements 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.
7. Development plans shall include the installation of on-site fire hydrants.
8. The development shall be designed in accordance with earthquake design
regulations.
9. The developer shall include measures to ensure that indoor and outdoor
noise levels at each lot are below the maximum noise level as specified by
the city's general plan based on the general plan build-out traffic and
noise projections.
10. The developer shall provide for an archaeological reconnaissance of the
site prior to the issuance of any building permits, subject to the
approval by the City Planning Department.
11. Prior to development of the site, the developer shall pay the required
City traffic impact fee.
12. 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.
13. 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).
Negative Declaration
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2/5/93
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14. The development of the multi-family housing shall include the installation
of bicycle racks for the residents, subject to the review and approval by
the City Planning Department.
15. Facilities encouraging bicycle use shall be provided, subject to the
review and approval by the City Planning Department.
16. Prior to the development of the site, the developer shall pay required
city of Gilroy Public Safety impact fees.
17. The developer shall provide required school impact fees to Gilroy Unified
School District.
18. 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.
19. Prior to the development of the site, the developer shall pay required
City of Gilroy Parks & Recreation impact fees.
20. 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.
21. 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.
Date Prepared: February 5, 1993
End of Review Period: March 3, 1993
Date Approved by City Council:
Michael Darn, Director of Planning
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EXI1IBIT C
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Prior to issuance of a Building Permit, the following mitigations shall be D
implemented:
Party
Mitigation Nature of Mitigation Responsible for Party Responsible for
Number Implementation Monitoring
Development designed in Future Developers City Building Department
1 accordance with earthquake design
rePl,Jations.
Construct finished floor elevations
4 at least one foot above 100-year Future Developers City Building Department
flood elevation.
Apply for and obtain a General
5 Permit for "Storm Water Discharge Future Developers City Building Department
Associated with Construction and Planning Department
Activitv."
6 Pay city-wide traffic impact fees. Future Developers City Building Department
and Planning Deoartment
7 Design all street improvements Future Developers Public Works Department
servine- the oroiect site.
8 Contribute to necessary Future Developers Public Works Department
sie-nalization.
9 Incorporate access and circulation Future Developers Public Works Department
recommendations cO'ltained herein.
10 Incorporate transportation demand Future Developers Public Work Department
manae-ement measures.
The development of the site shall
11 include the installation of bicycle Future Developers City Planning Director
racks for the residents.
12 Facilities encouraging bicycle use Future Developers City Planning Director
shall be orovided.
13 The contractor specifications for the Future Developers City Building Department
r orooosed proiect shall be submitted.
All phases of development, to
include design layouts and specific City Building Department
14 site considerations, shall be Future Developers and
addressed fully within the City of City Planning Director
Gilroy's Architectural and Site
Review orocedures,
Include measures to ensure that
indoor and outdoor noise levels at
each lot are below the maximum City Building Department
15 noise level as specified by the city's Future Developers and
general plan based on the general City Planning Director
plan build-out traffic and noise
nroiections.
16 Pay public safety impact fees (Fire Future Developers City Planning Director
Protection).
18 Pay public safety impact fees (Police Future Developers City Planning Director
Protection).
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19 Pay school impact fees to school Future Developers City Planning Director
district.
20 Pay parks and recreation impacts Future Developers City Planning Director
fees.
21 Pav water impact service fees. Future Develoners Citv EnP'ineer
22 Pav sewer service impact fees. Future Develoners Citv EnP'ineer
Obtain sufficient sewer allocation to City Engineer and
23 serve the proposed project, and Future Developers
pav sanitarv sewer connection fees. City planning Director
The design of all sewer line
24 improvements serving the proposed Future Developers Public Works Department
project site shall be provided by the
develoner.
25 Archaeological (cultural) language Future Developers City Planning Director
in all nermits.
Official Seal of the City of Gilroy this 22nd day of
July
,1993.
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 93-40
is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 19th
day of
July
, 19~,
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
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City Clerk of the City of Gilr
(Seal)