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Resolution 1999-45 . . RESOLUTION NO. 99-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING USA 98-03 TO INCLUDE APPROXIMATELY 133,2 ACRES, APN's 808-21-008, 009, 013, 014,015,016,018,021,026,027,028,029,030, AND 031, 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") submitted USA 98-03 to incorporate RESOLUTION 99-45 133.2 acres ofland into Gilroy's Urban Service Area ("the Project"); and WHEREAS, the property affected by USA 98-03 is contiguous to the City's existing Urban Service Area and is located south of Thomas Road and west of Monterey Street, such land being indicated on a map attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, pursuant to the California Enviromnental Quality Act ("CEQA"), a Final Enviromnental Impact Report ("Final EIR") was certified by the City Council on May 19, 1999, in connection with this Project; and WHEREAS, prior to any Project approvals, the City Council adopted Resolution No. 99-44, making certain findings concerning potential significant effects and alternatives, adopting a statement of overriding considerations and adopting the mitigation measures and mitigation/monitoring program, all in accordance with the requirements of CEQA; and WHEREAS, the Final EIR describes the City's public services and utilities, and illustrates that the City has the capability to adequately serve this Project; and IKHM1445699.01 95-052404706002 -1- . . WHEREAS, the Planning Commission held a duly noticed public hearing on USA 98-03 on May 6, 1999, and after that hearing voted to recommend certification ofthe Final EIR and approval of USA 98-03; and WHEREAS, the City Council held a duly noticed public hearing on USA 98-03 on May 17, 1999, at which time the City Council considered the Project and based upon substantial evidence, including both oral and written testimony, resolved that the Project should be approved; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this project is based is the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED THAT the City council hereby fmds as follows: SECTION I The Project is consistent with the Gilroy General Plan because it conforms to the land use designations for the property, and is generally consistent with the intent of the text, goals and policies ofthe General Plan. SECTION II 1. There is a demonstrated demand for a sports park in the area, and the project will result in specific and significant social, economic and other benefits to the City and its residents, including increased recreational opportunities and revenues. 2. The project is in close proximity to existing infrastructure. The project is surrounded by single-family residential to the north, rural residential and agriculture to the south, commercial, including lodging facilities, to the east, and agriculture to the west. Providing urban services to this project will not detract from current service levels elsewhere within the urban service boundary, IKHM1445699.01 95-052404706002 -2- RESOLUTION 99-45 . . 3. Alternative locations for this project were examined and rejected due to the reasons set forth in Resolution 99-44, including inevitable impact on agriculture at all sites examined within the urban service area. The project site, although impacting agricultural production, offers the most suitable location within the City of Gilroy given the present growth pattern, the need for a recreational complex, and the opportunity to limit future flooding in the southern part of Gilroy by providing open space areas in the event of a natural disaster. No other site examined offer these same attributes. 4. Inclusion of the project within the urban service area provides for a contiguous urban service boundary. Property within the project boundaries which are not used for recreational facilities will in the short term be used for open space purposes, and in the long term developed as part of the normal growth of the City of Gilroy, 5. The nature of the project, a sports complex including play fields, a park preserve, and outdoor recreational facilities, is significantly lower in intensity than that of most residential, commercial, and industrial projects, thereby posing less potential impact on open space resources in the County, The project, including the proposed open space limit, should restrain impacts on surrounding agricultural land. 6. Adequate access to the project is provided by Thomas Road- Luchessa Avenue and Monterey Street. SECTION III USA 98-03 should be and hereby is approved, subject to the mitigation measures set forth in the Final EIR as described in Resolution 99-44, and the Mitigation!Monitoring Program adopted for this project. IKHM\445699.01 95.052404706002 -3- RESOLUTION 99-45 . . SECTION IV USA 98-03 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 ofLAFCo certified copies ofthis Resolution, and Resolution 99-44 making the required findings under CEQA, and a copy of the Final EIR. PASSED AND ADOPTED this 7TH day of June, 1999 by the following vote: AYES: COUNCILMEMBERS: GIFFORD, MORALES, SPRINGER, SUDOL, and GILROY NOES: COUNCILMEMBERS: ARELLANO,ROWLISON RESOLUTION 99-45 ABSENT: COUNCILMEMBERS: NONE APPROVED: [b~~~ ATTEST: ~. Rhonda Pellin, City Clerk IKHM\445699.01 95.052404706002 -4- , ; \ Gl" . , ~/ '.\ ~ \. A!.hbury Ct. r.. Hawthorne S L 3, Fo..otovl Ct / I. I' /, I I I I \ \ .... '. ~/ ,~ / . - / -'" _/ Source: City of Gilroy EXHIBIT A \ I ,. , I, I , , /,.. /1 " ...._ '/ I '. .., 1 1':;';;';':-' I I USA REQUEST tPanel N'S.:I3 0('98--'99) ,,10 USA 9S-llJ Spgns Park Area; ~-'-' ,., Additional Area W >.~'(~'....\ .... ~. - ~...... . \ \ \ \ ~\ - -'" '\-;'-- \ \ \ --- , , ' hY' ______- dC- -- ____ ,.J ~ ,/.-:::.-_..- 808-21-llJO 808-21-028 808-21-ll26 808-21-021 808-21-018 808-21-016 808-21-008 808-21-009 808-21-031 808-21-029 308-21-027 808-21-013 308-21-014 808.21-015 . // / I ~ ~ m m : ~ / -- -- .' ---- .------- ------ /---- " / .-- \' ~\ ~ No Scale Gilroy Sports Park and USA Amendment EIR Project Site and Relation to Existing Urban Service Area fimIElI A Land Use Planning and Design Finn Figure 6 . . I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached Resolution No. 99-45 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 7th day of June, 1999, 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 15th day of June, 1999. ~ City Clerk of the City of Gilroy (Seal)