Resolution 1995-07
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RESOLUTION NO. 95-7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING GPA 94-02, AMENDING THE
GENERAL PLAN MAP FROM THE INDUSTRIAL PARK AND
OPEN SPACE DESIGNATIONS TO THE GENERAL SER-
VICES COMMERCIAL DESIGNATION ON APPROXIMATELY
14.78 ACRES OF LAND FRONTING THE EAST SIDE OF
MONTEREY STREET AT THE MONTEREY STREET FREE-
WAY INTERCHANGE, AND BACKING TO THE SOUTHERN
PACIFIC RAILWAY RIGHT-OF-WAY, APNs 841-14-067
AND A PORTION OF THE ADJACENT CALTRANS RIGHT-
OF-WAY.
WHEREAS, the City of Gilroy has submitted an application,
GPA 94-02, to amend the General Plan Map from the Industrial Park
and Open space designations to the General Services Commercial
designation on approximately 14.78 acres of land fronting the east
side of Monterey street at the Monterey Street Freeway Interchange,
and backing to the Southern Pacific railway right-of-way, APNs 841-
14-067 and a portion of the adjacent Caltrans right-of-way, such
property and existing and proposed land use designations as are
indicated on the map attached hereto as Exhibit "A" and
incorporated herein by this reference; and,
WHEREAS, this General Plan Amendment will enable
development of the MVW Properties Truck stop Center, a truck stop
complex proposed by Howard Vierra, representing MVW Partners, but
the City is listed as project applicant because MVW Partners would
like to acquire a small triangular parcel adjacent to the project
site in order to provide a secondary access point and help mitigate
potential traffic concerns expressed by the Gilroy Department of
Public Works, the environmental traffic consultant for the project,
and Caltrans; and,
WHEREAS, the city has prepared and circulated an expanded
Initial Study for this project in accordance with the California
Environmental Quality Act (CEQA); and,
WHEREAS, the city has issued in accordance with CEQA a
Negative Declaration for this project with 23 mitigation measures,
RESOLUTION NO. 95-7
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such Negative Declaration being the version as revised and dated
October 21, 1994, and attached hereto as Exhibit liB" and
incorporated herein by this reference; and,
WHEREAS, the Planning Commission held a duly noticed
public hearing on GPA 94-02 on January 5, 1994, after which public
hearing the Commission voted to recommend adoption of the revised
Negative Declaration as having been completed in compliance with
CEQA and reflecting the independent judgment of the City; and,
WHEREAS, at a duly noticed public meeting on January 17,
1995, this city Council held a public hearing on GPA 94-02, after
which public hearing it certified that the Negative Declaration was
completed in compliance with CEQA, that it reflected the independ-
ent judgment of the city, and that it was presented to the Council
and the Council reviewed and considered the information contained
therein prior to taking action on GPA 94-02; and,
WHEREAS, also at the January 17 meeting this Council
considered the proposed truck stop and proposed conditions and
mitigation measures along with public testimony, staff reports and
other documentation, and, based upon substantial evidence produced
both in writing and orally, resolved that the project should be
approved with the mitigation measures as project conditions; and,
WHEREAS, the location and custodian of the documents or
other material which constitute the record of proceedings upon
which this resolution is based is the Office of the Gilroy City
Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The Negative Declaration for this project, contained in
Exhibit B, is hereby adopted on the basis that the initial study,
public comments, oral and written testimony and other documents
received and considered indicate there is no substantial evidence
the project as mitigated will have a significant effect on the
environment, such approval being subject to all 23 mitigation
measures set forth therein.
RESOLUTION NO. 95-7
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B. A Mitigation Monitoring Program for the subject property,
attached hereto as Exhibit "C", is hereby adopted.
C. The City Council further finds that:
(a) The city has taken all actions required by CEQA; and
(b) Approval of GPA 94-02 is in the public interest.
D. GPA 94-02 should be and hereby is conditionally approved,
and the Gilroy General Plan Map is hereby amended from the
Industrial Park and Open space designations to the General Ser-
vices Commercial designation on approximately 14.78 acres of land
fronting the east side of Monterey street at the Monterey Street
Freeway Interchange, and backing to the Southern Pacific railway
right-of-way, APNs 841-14-067 and a portion of the adjacent
Caltrans right-of-way, such property and existing and proposed land
use designations as are indicated in Exhibit A.
PASSED AND ADOPTED this 6th day of February, 1995 by the
following vote:
AYES:
COUNCILMEMBERS:
GILROY, KLOECKER, MORALES,
ROGERS, ROWLISON, VALDEZ, GAGE
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
~T'
susant;:! ~J.nn:etz,
erk
RESOLUTION NO. 95-7
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 95-7
is an original
resolution, duly adapted by the Council of the City of Gilroy at a regular
meeting of said Council held an the 6th day of
Februarv
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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 7th day of
Februarv ,1995.
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city Clerk of the City of Gil
(Seal)
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