Resolution 2002-18
Resolution No. 2002-18
RESOLUTION NO. 2002-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY RE-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 application USA 98-03 to the
Local Agency Formation Commission of Santa Clara County ("LAFCO'') to incorporate 133.2
acres ofland into Gilroy's Urban Service Area ("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, 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 of the
Environmental Impact Report ("1999 EIR'') and approval of USA 98-03; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the
1999 EIR was certified by the City Council on May 17, 1999, in connection with this Project; 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, on June 7, 1999, approyed and adopted
Resolution 98-03 to approve the Project; and
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WHEREAS, the City determined to prepare a Subsequent Final EIR ("SEIR") to
reflect a proposed General Plan land use designation change of certain Project land from open space
use to residential and commercial uses; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the
SEIR and on USA 98-03 on March 8, 2002, and after that hearing voted to recommend approval of
the Project and certification of the SEIR to the City Council; and
WHEREAS, the City Council held a duly noticed public hearing on the SEIR on
March 18,2002, at which time the City Council considered the Project and based upon substantial
evidence, including both oral and written testimony, approved and adopted Resolution 2002-17 to
certifY the SEIR; and
WHEREAS, the 1999 EIR and the SEIR describe the City's public services and
utilities, and illustrate that the City has the capability to adequately serve this Project without
detracting from current service levels; and
WHEREAS, the location and custodian ofthe 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:
SECTION I
1. That the City Council hereby fmds that the Project is consistent with the
Gilroy General Plan and Draft 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 of the General
Plan and Draft General Plan.
2. That the City Council hereby finds that there is a demonstrated demand for a
sports park in the area, and the Project will result in specific and significant social, economic and
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Resolution No. 2002-18
other benefits to the City and its residents, including increased recreational opportunities and
revenues.
3. That the City Council hereby finds that the Project is in close proximity to
existing infrastructure. The Project site 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.
4. That the City Council hereby finds that alternative locations for this Project
were examined and rejected due to the reasons set forth in Resolutions No. 99-44 and No. 2002-17,
including inevitable impact on agriculture at all sites examined within the urban service area. The
Project site offers the most suitable location within the City of Gilroy given the present growth
pattern, the need for a recreational complex, the need for housing, the need for commercial
businesses to serve visitors and residents, 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.
5. That the City Council hereby finds that inclusion of the Project within the
urban service area provides for a contiguous urban service boundary. Property within the Project
boundaries which is not used for recreational facilities will in the short term be used for open space
purposes, and in the long term deyeloped for residential and commercial uses as part of the normal
growth of the City of Gilroy.
6. That the City Council hereby finds that the nature of the Project, which is
predominantly 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
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Resolution No. 2002-18
projects, thereby posing less potential impact on open space resources in the County. The Project,
inc1nding the proposed open space limit, should restrain impacts on surrounding agricultnralland.
7. That the City Council hereby finds that adequate access to the Project is
provided by Thomas Road- Luchessa A venue and Monterey Street.
SECTION II
USA 98-03 should be and hereby is approved, subject to the mitigation measures set
forth in the 1999 EIR and SEIR as described in Resolution No. 99-44 and Resolution No. 2002-17,
and the Mitigation/Monitoring Program adopted for this Proj ecl.
SECTION ill
USA 98-03 has been submitted to LAFCO with a reqnest that LAFCO include the
land herein described within tl).e City's Urban Service Area, ,The City Councilbereby again requests
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 of this Resolution, Resolution
No. 99-44 and Resolution No. 2002-17 making the required findings under CEQA, a copy of the
1999 EIR and SEIR, and other documents required pursuant to LAFCO's filing requirements.
PASSED AND ADOPTED this 18th day of March, 2002, by the following vote:
Resolution No. 2002-18
AYES:
COUNCILMEMBERS:
ARELLANO, PILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO, and
SPRINGER
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
APPROVED:
--?A~~ ~
Thomas A. Springer, or
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Rhond~Pellin, City Clerk
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Resolution No. 2002-18
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1, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2002-18 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 March, 2002, 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 3rd day of April, 2002.
(Seal)