Resolution 1993-82
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RESOLUTION NO. 93-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY CONDITIONALLY APPROVING A/S 93-30,
DESIGN REVIEW FOR A PLANNED UNIT DEVELOPMENT
(PUD) APPROVAL ON PROPERTY ZONED R1-PUD, FOR
THE CONSTRUCTION OF A 47 LOT SINGLE FAMILY
SUBDIVISION ON APPROXIMATELY 9.9 ACRES OF
PROPERTY LOCATED AT THE SOUTHWEST CORNER OF
LONGMEADOW DRIVE AND CALLE DEL REY, APN 783-
21-036
WHEREAS, Kaufman & Broad has submitted A/S 93-30,
application for Planned unit Development (PUD) approval, on
property zoned R1-PUD for the construction of 47 single family
homes on a 47 lot subdivision on approximately 9.9 acres located
at the southwest corner of Longmeadow Drive and Calle Del Rey, APN
783-21-036, the geographic extent of such land being that as
indicated on the Location Map included as an attachment to the
Planning Staff Report on A/S 93-30 dated November 22, 1993, which
staff report is incorporated herein by this reference; and,
WHEREAS, in connection with TM 93-01, a project which
encompasses A/S 93-30, the City duly prepared and adopted a
Negative Declaration which included a mitigation-monitoring
program;
WHEREAS, the Planning commission at its regular meeting
of December 2, 1993, voted to recommend that the City Council
approve A/S 93-30 subject to 10 conditions listed in the staff
report dated November 22, 1993.
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council finds the subject development
consistent with the Gilroy Zoning Ordinance and makes all of the
required findings of Zoning Ordinance section 50.55 (a) through
(i), and as such findings and additional findings are further set
forth in the Addendum to the Planning Staff Report for A/S 93-30
dated December 15, incorporated herein by this reference.
B. A/S 93-30 should be and hereby is approved, subject
to the 10 conditions set forth in the Planning staff report dated
RESOLUTIOn NO, 93 - 82
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November 23, 1993 and the recommendation of the Planning commission
that the applicant, its successors and assigns shall provide
disclosure to prospective purchasers regarding Condition #1
relating to landscaping.
PASSED AND ADOPTED this 20th day of December, 1993 by the
following vote:
AYES:
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES,
ROGERS, ROWLISON, VALDEZ, GAGE
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
Donald F. Gage,
ATTEST:
../L ~6.Mf~,;d
~E. Steinmetz, ~~
RESOLUTION NO. 93 - 82
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STATUS OF PROPERTY:
Existinq Land Use
General plan Desiq.
Zoninq
"PIartning Jtepartment ·
STAFF REPORT
November 22, 1993
FILE NUMBER: A/S 93-30
APPLICANT: Kaufman & Broad
LOCATION: Southwest c/o Longmeadow Drive and calle del Rey
STAFF PLANNER: Melissa Durkin
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REOUESTED ACTION:
Architectural and site review of a 47 lot single family subdivision.
DESCRIPTION OF PROPERTY:
Parcel #: 783-21-036
Parcel Size: Approximately 9.9 acres
undeveloped
Residential Low Density
RI-PUD
STATUS OF SURROUNDING PROPERTY:
Existinq Land Use
General Plan Desiq.
Zonina
N: single Family Homes
S: Church/School site
E: Single Family Homes
W: undev4/sing. Faro. Homes
Low Density Residential
LDR/PPF
Low Density Residential
Low Density Residential
RI-PUD
RI, RI-PUD
Rl
Rl, RI-PUD
CONFORMANCE OF REQUEST WITH GENERAL PLAN:
The proposal conforms to the land use designation for the property on
the General plan map. The proposal is consistent with the intent of the
text of the General plan document.
RE: RESOLUTION NO. 93 - 82
12-20-93
staff Report A/S 93-30
2
11/22/93
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This project conforms with the policies of Gilroy's General Plan. The
following examples demonstrate this compliance:
Urban Growth and Development (section II):
Policy 4: "The city will phase development in an orderly, contiguous
manner in order to maintain a compact development pattern to avoid
premature investment for the extension of public facilities and
services. Hew urban development will occur in areas where municipal
services are available and capacity exists prior to the approval of
development in areas which would require major new facility expansion."
This project is consistent with this policy, because it will be
constructed adjacent to developed residential land.
public services and Facilities (section VI):
Policy 7: "Parks and recreational facilities will be equitably
distributed throughout the urbanized area. Neighborhood recreation
facilities will be provided in existing neighborhoods where such
facilities are presently lacking."
A City park is proposed to be developed next to this project. No City
parks currently exist in this area, and none would not installed in the
near future without the development of this site.
Policy 12: "Wherever possible, school and park facilities will be
located adjacent to one another to enable facilities to be shared rather
than duplicated.
The developer has worked with the city and school District staff to
locate the proposed school and park sites adjacent to each other.
ENVIRONMENTAL IMPACTS:
A prior expanded Initial study (TM 93-01), which applies to this
project, was prepared. The study found that there would be no
significant effect on the environment as a result of this project,
therefore a Negative Declaration was issued.
BACKGROUND:
A Tentative Map application (TM 93-01) was approved for this site on
september 20, 1993. This map subdivided a 50 acre site into 48 lots,
Forty-seven of these lots will be used to construct single family homes,
and the large remainder lot will be subdivided at a future time, This
property is zoned RI-PUD, which allowed the applicants to deviate from
the minimum lot size of 6,000 square feet, and subdivide this parcel
into lots ranging in size from 5,500 square feet to 7,000 square feet,
with an overall density of 7.1 dwelling units per net acre. The PUD
designation also requires Planning commission and city council approval
of the Architectural and site design.
staff Report Als 93-30
3
11/22/93
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After approval of the Tentative Map, the property was sold to Kaufman
and Broad, for construction of the second phase of their "california
Hillcrest" development. The first phase of California Hillcrest is
located directly north of this site, and consists of 65 single family
units.
ANALYSIS OF REQUEST:
The applicant is requesting design review for the proposed construction
of 47 detached single family homes on a 9.9 acre parcel of land. This
project results from the approval of Tentative Map application TM 93-
01.
This property is adjacent to a proposed school and city park site. The
applicant has worked with city staff and the school district to create a
site plan which would be acceptable to all parties. This plan includes
locating the school adjacent to calle Del Rey, and adjacent to a second
street in order to ensure adequate circulation for vehicles, as well as
safety for children walking to school. The developer also worked with
the City to prevent housing units from abutting the proposed city park.
This is necessary in order to allow the park to be monitored by police
patrol officers. In addition, the applicant and the city are examining
the possibility of dedicating the park land to the City in lieu of
paying park development fees. If attempts to negotiate an agreement
fail, the applicant will be required to pay the normally required fee.
Many of the parcels involved in this project are smaller than the 6,000
square foot minimum required for single family homes. The applicant
wishes to construct the same model of homes on this site as were
constructed in the first phase of california Hillcrest. Because of the
smaller lot sizes in this phase, the applicant would be limited to
constructing many of the proposed units with a 5 foot side yard
setback.
Although zoning ordinance section 11.30 requires a minimum 6 foot side
yard setback, the PUD zoning overlay of this property allows flexibility
with the zoning ordinance, as long as the developer provides extra
amenities in exchange for the deviation from normal requirements. The
developer is proposing to landscape all of these lots, which is not
required by the Zoning ordinance, in exchange for being allowed to
construct these homes with a minimum 5 foot setback. Although a new
house design would be preferable in this second phase, staff feels that
providing the landscaping is adequate to allow this discrepancy in the
side yard setback.
The site plan submitted for this request shows 47 single family lots
which range in size from 5,500 to 7,000 square feet. Three home designs
are proposed for the project. These are the same homes which were
approved for the first phase of california Hillcrest, with the exception
that the garage in plan one is located in front of the house, rather
than attached to its side. This is necessary because of the narrower
width of these lots.
staff Report A/S 93-30
4
11/22/93
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The home designs are as follows:
plan One
Plan One homes will be 1,500 square feet in area with single-story ranch
style construction, and two-car garages. Architectural elements of
these homes include front porches with vertical columns, wood tile roofs
with hip and gable construction, stucco or wood siding, and detailed
window framing. These homes will have their garages located in the
front.
plan Two
plan Two homes will be 1,682 square feet in area, with two-story ranch
style construction. This plan features both two-car and three-car
garage models located in the front of the home, and Queen Anne Cottage
style elevated porches. Architectural elements of these homes include
cross-hatched wooden ventilation screens and vertical columns on the
porches, bay windows, wood tile roofs with hip and gable construction,
stucco or wood siding, and detailed window framing. plan Two homes have
a unique floor plan, which places the living room, kitchen and dining
room upstairs, and the majority of the bedrooms downstairs.
Plan Three
plan Three homes will be 1,780 square feet in area. These homes have
two-story ranch style architecture, similar to Plan One units. plan
Three offers both two-car and three-car garage models, and features
irregular roof lines and varied projections of the external walls. The
entrances of these dwellings are emphasized by formal entry ways which
include porches and columns. Additional architectural elements of these
homes include bay windows, wood tile roofs with hip and gable
construction, stucco or wood siding and detailed window framing.
Note: All plans have three different front elevation design schemes.
Primary access to the development will be provided from calle del Rey.
STAFF ACTION:
staff recommends approval of the Architectural and site Review with the
following conditions:
1. The applicant shall landscape all lots. Landscaping plans
including specifications for an irrigation system shall be approved
by the Planning Director in accordance with the city'S consolidated
Landscaping Policy, prior to issuance of a building permit. The
landscaping shall be continuously maintained in an orderly, live,
healthy, and relatively weed-free condition, in accordance with the
adopted landscaping policy.
staff Report A/S 93-30
5
11/22/93
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2. Mechanical Appurtenances: Mechanical equipment to be located on
the roof of a building shall be screened by an architectural
feature of the building such that it cannot be seen from ground
level at the far side of the adjacent public right-of-way, whenever
possible.
3. The developer/applicant must obtain a sewer allotment for this
project, and sign a sewer allotment agreement prior to the issuance
of any building permits.
4. Building colors shall be earth tones.
5. The overall project shall comply with the prov1s10ns of section
5.50, entitled "site Design Requirements",.of the City Zoning
Ordinance, pertaining to proposed individual dwelling unit designs.
6. The developer shall provide adequate all-weather secondary access
for the project to meet the approvals of the city Engineer and the
Gilroy Fire Department.
7. street addresses shall be assigned by the city public Works
Department.
8. All proposed fencing must meet the requirements of the Planning
Department.
9. Any retaining walls erected on this site shall be constructed of
permanent materials such as concrete or masonry. wood shall not be
permitted.
10. It is recommended that the first floor of any structures be
constructed 2 feet above the existing ground, per the Santa clara
valley Water District.
Respectfully,
~j)er-
Michael Dorn
Director of Planning
12/2/93 At their meeting of December 2, 1993, the Planning Commission, by a vote
of 6-0-1, recommended approval of A/S 93-30, subject to the 10 conditions
as listed in the staff report, with the proviso that the applicant shall provide
disclosure to prospective purchasers regarding Condition #1.
AYES:
NAYES:
ABSENT:
COOPER,
NONE
GAGE
LAI, PUENTE, ROMERO, SUYEYASU, BUCHANAN
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LOCATION MAP FOR A/S 93-30
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Planning Department
NEGATIVE
DECLARATION
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
(408) 848,0440
city Fil~ Numbers: TN 93-01
PROJECT DESCRIPTION:
Name of project:
Nature of project:
Longmeadow Tentative Map
Request to subdivide five parcels totalling 79.6 acres
into 48 lots, and perform design reviews of the homes
resulting from this subdivision. Forty-seven of the
lots which result from this subdivision will contain
single-family homes, and one large lot will remain for
future subdivision.
PROJECT LOCATION:
Location: West of calle Del Rey, and south of Longmeadow
Drive.
Assessor's Parcel Numbers: 783-21-14, 29, 35, 36 and 783-41-60
Entitv or PersoD(s) Undertakina proiect:
Name:
Address:
city of Gilroy
7351. Rosanna st., Gilroy, eA 95020
INITIAL STUDY:
An Initial study of this project was undertaken and prepared for the
purpose of ascertaining whether this project might have a significan~
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 project has been mitigated (see Mitigaticn
Measures below which avoid or mitigate the effects) to a point whe=e no
significant effects will occur. There is no substantial evidence tte
project may have a significant effect on the environment. The follcwinS
reasons will support these findings:
1. The proposal is a logical component of the existing land use of this
area.
preliminary Negative Declaration
M 92-07
2
06/29/93
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2. Identified adverse impacts are proposed to be mitigated through
preparation of special studies, and construction of off-site
improvements.
3. The proposed project is consistent with the adopted goals and policies
of the General plan of the city of Gilroy.
4. The Initial study was independently reviewed by city staff, and this
Negative Declaration reflects the independent judgement of the city of
Gilroy.
MITIGATION MEASURES:
1. The project shall be designed in accordance with the earthquake design
regulations of the Uniform Building Code, subject to the review and
approval by the City Building Department.
2. 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.
3. The developer shall be responsible for obtaining a "General Permit for
storm Water Discharge Associated with ,construction Activity" from the
Regional water Quality control Board, prior to issuance of a building
permit.
4. The developer shall pay the appropriate Traffic Impact Fee, subject to the
approval of the City Engineer prior to the issuance of a building permit.
Additionally, the following traffic improvements shall be required:
a. Develop street frontage and secondary access where needed subject to
the approval of the city Engineer, and
b. Participate in a local area street improvement agreement to improve
the west side of calle Del Rey from Mantelli Drive to approximately
750 feet north of Mantelli.
5. Prior to development of the site, the developer shall pay required city of
Gilroy public safety impact fees.
6. Development shall meet all water supply and water pressure standards as
contained in the Uniform Building Code. These plans shall be ~eviewed anc
approved by the city Fire Department prior to the issuance of a bu~ldiLg
permit.
7. The development of the site shall conform to the Uniform Fire code,
subject to the review and approval by the city Fire Department,
8. Development plans shall include the installation of on-site f~re
hydrants. Improvement plans shall be subject to the review and approval
by the City Department of public Works, Fire and Building.
Preliminary Negative Declaration
M 92-07
3
06/29/93
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9.
Prior to development of the site, the developer shall pay required city of
Gilroy Public safety impact fees.
10.
The developer shall provide required impact fees to the Gilroy unified
school District.
11.
prior to the development of the proposed project site, the developer
shall pay required City of Gilroy Parks and Recreation impact fees, or at the optio~
of the City, the developer may satisfy this condition by the successful negotiation
for dedicatlQn Qf land In lieu of the inroact fee, .
Developers snal~ pay ~he approprlate water aeveLopment fees, subJect to
review by the city Engineer prior to the issuance of a building permit.
12.
13. Developers shall provide the design of all water line improvements
serving the project site, subject to the review by and approval of the
city Engineer, prior to the issuance of a building permit.
14. Developers shall pay appropriate sewer development fees, subject to
review by the city Engineer prior to the issuance of a building permit.
15. Prior to development of the site, the developer must obtain sufficient
sewer allocation to serve the proposed project and will be required to
pay the city of Gilroy sanitary sewer connection fees.
16. 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.
17. The developer shall submit a detailed plan for all exterior lights as a
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 of the city planning
Department.
18. Development on the project site shall conform to all interior and
exterior noise standards as contained in the Uniform Building Code. This
shall be subject to the review and approval of the chief Building
official prior to the issuance of a building permit.
Date Prepared: June 29, 1993
End of Review period: July 26, 1993
Date Approved By city council: 9/20/93
~j)o--
Michael Darn, Director of planning
I. Provide adequate access, parking, landscaping, trash areas and storage,
as necessary.
PLANNING DEPARTMENT
INTER-DEPARTMENTAL MEMO
DATE: December 15, 1993
TO: planning commission
FROM: Melissa Durkin, planner I
SUBJEeT: A/S 93-30 Addendum to staff Report
In order to grant planned unit Development (PUD) approval of A/S 93-30,
the city council must find that the proposed Planned unit Development
will:
A. conform to the Gilroy General plan in terms of general location and
standards of development;
B. Provide the type of development which will fill a specific need of the
surrounding area;
C. Not require urban services beyond those which are currently available;
D. provide a harmonious, integrated plan which justifies exceptions, if
such are required, to the normal requirements of this ordinance;
E. Reflect an economical and efficient pattern of land uses;
F. Include greater provisions for landscaping and open space than would
generally be required;
G. utilize aesthetic design principles to create attractive buildings and
open areas which blend with the character of surrounding areas;
H. Not create traffic congestion, noisel odor, or other adverse effects on
surrounding areas; and
staff recommends that these findings can be made for the following
reasons:
A. This projects conforms to Gilroy/s General plan in terms of its
location and it proposed development (see pages two and three of the
staff report),
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B. The type of development which is proposed will help fulfill Gilroy's
need for housing.
c. This property is surrounded by other parcels which are provided with
urban services.
D. The proposal to landscape and maintain the front yard of all of these
parcels justifies allowing five foot side yard setbacks.
E. This property is surrounded by developed land, therefore the proposed
project is both economical and efficient, in terms of land usage.
F. Approval of this project will require the developers to landscape and
maintain each property, which is not normally required.
G. The aesthetic design principles used in this development will create
relatively attractive houses, which blend with the character of
surrounding areas;
H. Mitigation measures have been applied to the project which will reduce
traffic congestion, noise, odor and other adverse effects
on surrounding areas to a level of insignificance.
I. The design of this project has been reviewed to ensure that it provides
adequate access, parking, and landscaping.
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 93-82
is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said COuncil held on the 20th
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
day of
December
, 19...2L,
Official Seal of the City of Gilroy this 22nd day of
December
,1993.
~~~~4:7&:
(Seal)