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Resolution 1995-07 . . 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 -1- I . . 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 -2- . . . . 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 -3- . . . , 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 , 19---2L, 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. ~~ : city Clerk of the City of Gil (Seal) .