Resolution 1997-49
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RESOLUTION NO. 97-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING USA 97-01 TO INCLUDE
APPROXIMATELY 265 ACRES, APN 783-06-04, 05,
06, 07, 08, 09, 10; 783-13-03 (PORTION) IN
THE CITY'S URBAN SERVICE AREA AND APPLYING TO
THE LOCAL AGENCY FORMATION COMMISSION OF
SANTA CLARA COUNTY FOR MODIFICATION TO THE
CITY'S URBAN SERVICE AREA
WHEREAS, City of Gilroy ("Applicant") has submitted USA
97-01 requesting to incorporate 265 acres of land into Gilroy's
Urban Service Area ("the Project"); and
WHEREAS,
the property affected by USA 97-01
is
contiguous to the City's existing Urban Service Area and is
located north and east of Burchell Road, such land being indicated
on a map attached hereto as Exhibit "A" and incorporated herein by
reference; and
WHEREAS, a Final Environmental Impact Report ("Final
EIR") was prepared for this Project (see also related applications
GPA 97-01 and Z 97-02) and was certified in accordance with the
California Environmental Quality Act ("CEQA") by Resolution No.
97-45 by the City Council on July 28, 1997; and
WHEREAS, prior to any Project approvals, the City
Council adopted Resolution No. 97-47, making certain findings
concerning mitigation measure and alternatives,
adopting a
mitigation monitoring and reporting program, and adopting a
statement of overriding considerations in accordance with the
requirements of CEQA; and
WHEREAS, the Final EIR describes the City's public
services and utili ties, and illustrates that the City has the
capability to adequately serve this project site; and
WHEREAS, an extensive search looked at all areas of the
existing community for sites sui table
for the development of a
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RESOLUTION NO. 97-49
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first-class 18-hole public golf course over which the City could
gain control and none were found; and
WHEREAS, the Planning Commission held a duly noticed
public hearing on USA 97-01 on July 31, 1997, and after that
hearing voted to recommend approval of USA 97-01; and
WHEREAS, the City Council held a duly noticed public
hearing on USA 97-01 on August 4, 1997, at which public hearing
the City Council considered the Project and based upon substantial
evidence, including both oral and written testimony, resolved that
the Project should be approved with conditions; and
WHEREAS, the location and custodian of the documents or
other material which constitutes the record of proceedings upon
which this Resolution is based is the office of the City Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT:
SECTION I
The Project is consistent with the Gilroy General Plan
because it conforms to the land use designations for the property
which were adopted by the City Council by Resolution No. 97 -4 7,
General Plan Amendment application GPA 97-01, and is generally
consistent with the intent of the text, goals and policies of the
General Plan.
SECTION II
The City Council hereby finds as follows:
1. There is a demonstrated demand for additional golf courses
in the area, and the project will result in specific and
significant social, economic and other benefits, including
the
generation
of
jobs
and
increased
recreational
opportunities and revenues.
2. The City does not have the ability to accommodate a first
class 18-hole golf course within the current Urban Service
Area.
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RESOLUTION NO. 97-49
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3. The parcels constitute a logical extension of the existing
Urban Service Area.
4. Burchell Road makes a logical boundary for the Urban
Service Area.
5. The City's public services and utilities have the
capability to adequately serve the project site.
SECTION III
USA 97-01 should be and hereby is approved, subject to
the mitigation measures set forth in the Final EIR as described in
Resolution No. 97-47 and the Mitigation Monitoring and Reporting
Program adopted for this Project.
SECTION V
USA 97-01 shall be forwarded to LAFCo with a request that
LAFCo include the land herein described within the City's Urban
Service Area.
The City Clerk shall file with the Executive
Officer of LAFCo certified copies of this Resolution, Resolutions
No. 97-45 and 97-47 relating to CEQA compliance, along with a copy
of the Final EIR.
PASSED AND ADOPTED this 4th day of August, 1997 by the
following vote:
AYES:
COUNCILMEMBERS: MORALES, ROWLISON, SPRINGER,
VALDEZ, GILROY
NOES:
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: ROGERS
ATT~
Rhonda n elliu, City Clerk '
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RESOLUTION NO. 97-49
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LOCATION MAP FOR USA 97-01
EXHIBIT A
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I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached
Resolution No. 97-49 is an original resolution, duly adopted by the Council ofthe City of Gilroy
at a regular meeting of said Council held on the 4th day of August, 1997, 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 13th day of August, 1997.
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City Clerk of the City of Gilroy
(Seal)