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Resolution 1996-54 . . RESOLUTION NO. 96-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TM 96-03, A TENTATIVE MAP WITH 12 RESIDENTIAL PARCELS AND ONE REMAINDER PARCEL ON APPROXIMATELY 5.67 ACRES SOUTH OF ZINNIA STREET, NORTHWEST OF KELTON DRIVE, APN 790-04-048 WHEREAS, Robert Walsh and Sons ("Applicant") submitted TM 96-03, requesting Tentative Map approval to create 12 residential parcels and one remainder parcel, zoned Rl (Single Family Residential) on approximately 5.67 acres; and WHEREAS, the property affected by TM 96-03 is located on the Southerly end of Zinnia Street, north of Kelton Drive, between Santa Teresa Boulevard and Mount Madonna School; and WHEREAS, an Initial Study was prepared for this project which identified potentially significant effects on the environment that shall be mitigated to the point of non-significance by mitigation measures which the applicant agreed to include in the proj ect and a mitigated Negative Declaration with 11 mitigation measures was prepared in accordance with the California Environmental Quality Act ("CEQA"), which Negative Declaration is attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the Planning Commission held duly noticed public hearings on June 6, 1996, and July 11, 1996, at which it considered this project and voted to recommend to the City Council approval of the Negative Declaration and of the tentative map; and WHEREAS, the City Council held a duly noticed public hearing on July 22, 1996, at which public hearing the City Council considered the proposed Negative Declaration and comments thereon, the Staff Report dated May 20, 1996, public testimony, and other documentation of the project; and IRPJ\3I565801 64-000004706002 -1- RESOLUTION NO. 96-54 . . WEREAS, the City Council found on the basis of the initial study and the comments received on the Negative Declaration that there was no substantial evidence that the project would have a significant effect on the environment and voted to approve the Negative Declaration; and WHEREAS, the location and custodian of the documents or other material which constitute the record of proceedings upon which this proj ect approval is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT: A. The City Council finds as follows: 1. The proj ect is consistent with the Gilroy General Plan because it conforms to the land use designation for the property on the General Plan map, and it is consistent with the intent of the text, goals and policies of the General Plan documents; 2. None of the reasons for denial of this subdivision pursuant to Government Code section 66474 exist in this case; and 3. There is no substantial evidence that the proj ect as mitigated may have a significant effect on the environment. B. The City Council hereby adopts the mitigation monitoring program attached hereto as Exhibit B and incorporated herein by this reference. C. TM 96-03 should be and hereby is approved, subject to the mitigation measures set forth in the Negative Declaration, the mitigation monitoring program and the 16 conditions attached hereto as Exhibit C and incorporated herein by this reference, set forth in the Planning Staff report dated May 20, 1996. IRPJI31565801 64-090904706002 -2- RESOLUTION NO. 96-54 . . PASSED AND ADOPTED this 3rd day of September, 1996 by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, VALDEZ, GAGE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: DD~!~ ATTEST: IRPJ\31565801 64-090904708002 -3- RESOLUTION NO. 96-54 . . Community Development Department Planning Division NEGA TIVE DECLARATION City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 (408) 848-0440 City File Number: TM 96-1)3 Project Description: Name of Project: Nature of Project: Robert Walsh Tentative Map Request to subdivide a 5.67 acre parcel into 12 residential lots and one rema;nder lot, and perform design review of the homes resulting from this subdivision. '. Proiect Location: Location: North of Kelton Drive, between Santa Teresa Boulevard and Mount Madonna High school Assessor's Parcel Numbers: 790-04-048 Entity or Person(s) Undertakinlr Project: Name: Address: Robert Walsh 121 Millcre-...k Road, Fremont, CA 94539 Initial Study: An Initial study of this project was undertaken and prepared for the purpose of ascertaining whether this project might have a signiticant 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. Findin~ & Reasons: The Initial Study identified potentially signiticant effects on the environment. However, this EXHIBIT "A" . . I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 96-54 is an original resolution, duly adopted by the council of the City of Gilroy at a regular meeting of said Council held on the 3rd day of September, 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 day of September 5th 19 .~ City Clerk of the City of Gilroy (Seal) 1