Resolution 1996-67
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RESOLUTION NO. 96-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY DENYING THE APPEAL OF Z 96-02, AN
APPEAL OF THE PLANNING COMMISSION'S DENIAL OF
AN APPLICATION TO PREZONE APPROXIMATELY 64.54
ACRES OF PROPERTY FROM COUNTY AG
(AGRICULTURAL) TO M2 (GENERAL INDUSTRIAL) UPON
ANNEXATION TO THE CITY, Z 96-02 (APN 841-15-
074)
WHEREAS, Shriner's Hospital for Crippled Children has
submitted Z 96-02, an application to pre-zone approximately 64.54
acres of property from County AG (Agricultural) to M2 (General
Industrial) upon annexation to the City; and
WHEREAS,
the proposed proj ect is located at the
southerly terminus of Rossi Lane, on the south side of Souths ide
Drive, between the Southern Pacific railway right-of-way to the
west and the South County Regional Wastewater Authority (SCRWA) to
the east; and
WHEREAS,
an Environmental Impact Report
(EIR)
was
prepared for the applicant's proposed project, in conformance with
the California Environmental Quality Act (CEQA), which EIR provides
review for the consideration of this request and the associated
applications for General Plan Amendment (GPA 95-02) and annexation
(A 96-01); and
WHEREAS, the property is presently designated OPEN SPACE
in the City's General Plan document and land use map; and
WHEREAS, the Planning Commission at its duly noticed
public hearings on October 3, 1996, after considering all of the
evidence before it, voted to recommend denial of GPA 95-02 to the
City Council, and denied Z 96-02 from which decision this appeal
timely followed; and
WHEREAS, the City Council at its duly noticed public
hearings on October 28, 1996, after considering all of the evidence
before it, voted to deny GPA 95-02 finding that the amendment was
not in the public interest, causing the property to retain its
present OPEN SPACE General Plan designation and voted to deny
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Resolution 96-67
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pre zoning application Z 96-02.
NOW, THEREFORE, BE IT RESOLVED THAT:
Section I
The city Council hereby finds:
1. The proposed pre zoning to M2 (General Industrial) is not
consistent with the intent of the goals and policies of the
City's General Plan document.
2. The proposed pre zoning to M2 (General Industrial) is not
consistent with the designation of the City's General Plan
land use map;
3. The proposed prezoning to M2 (General Industrial) created
potential unavoidable significant environmental effects
with respect to the loss of open space, the loss of prime
agricultural lands, and on air quality.
4. The proposed pre zoning to M2 (General Industrial) created
potential significant environmental effects with respect to
traffic impacts and flooding.
Section II
NOW THEREFORE, BE IT FURTHER RESOLVED, THAT Z 96-02 should be,
and hereby is, denied, the Planning Commission's determination to
deny this application is affirmed and the applicant's appeal
therefrom is denied.
PASSED AND ADOPTED this lsth day of November, 1996 by the
following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON,
SPRINGER, VALDEZ, GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
AUf
Donald F. Gage,
tIMN.J
Susanne E. Steinmetz,
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Resolution 96-67
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 96-67
is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 18th
day of November ,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 19th
day of November
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19 96.
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(Seal)
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