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Resolution 2002-40 RESOLUTION NO. 2002-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING GENERAL PLAN 2002, GPA 99-01. WHEREAS, the City of Gilroy submitted an application for approval of a comprehensive general plan update identified as application GPA 99-01, and hereinafter referred to as "General Plan 2002;" and WHEREAS, said General Plan 2002 was the subject of a final environmental impact report ("Final EIR"), prepared by the City of Gilroy as the lead agency in compliance with the requirements of the California Environmental Quality Act of 1970 as amended, ("CEQA"); and WHEREAS, all required public notices and public hearings were duly given and duly held according to law; and WHEREAS, the Gilroy Planning Commission held duly noticed public hearings on the proposed Final EIR and the proposed General Plan on December 13, 2001, January 10 and 23, 2002, and February 7, 2002, and adopted Resolution 2002-02 recommending certification ofthe Final EIR and adoption of General Plan 2002; and WHEREAS, duly noticed public hearings were held before the City Council on the proposed Final EIR and the proposed General Plan on February 19, 2002 and March 11,2002, and duly noticed public meetings were held on April 1, April 8, 2002 and June 13,2002; and WHEREAS, on June 13,2002, the City Council certified the Final EIR, finding that it had reviewed and considered the information therein, that it had been completed in compliance with CEQA, and that it reflected the independent judgment ofthe City as lead agency for the project, and adopted written findings, including a Statement of Overriding Considerations pursuant to CEQA regarding the unavoidable significant effects on the environment identified in said Final EIR; and, \JH\554928.1 01-060304706052 -1- Resolution No. 2002-40 WHEREAS, the Housing Element ofthe General Plan 2002 has been submitted to the State Department of Housing and Community Development ("HCD"), which has recommended certain modifications and additions be made to the Housing Element, which the City intends to do in the near future in cooperation with HCD to attempt to obtain HCD's approval ofthe Housing Element; and WHEREAS, notwithstanding the failure ofHCD to approve ofthe Housing Element, the City Council hereby finds based on its own review of the Housing Element, its consideration of the findings made by HCD, the advice and input of its staff, and the court decision by the Sixth District Court of Appeal in Gaeta v. City olGilroy, filed July 16,1997, which upheld the validity ofthe housing element of the existing general plan, that the Housing Element as presently drafted is in substantial compliance with the Article 10.6 of Division 1 of Title 7 of the Government Code, (the "Housing Element Law"). The Council finds that the draft Housing Element contains all of the content required by each section of the Housing Element Law, and that the requests by HCD are in effect requests or advisory suggestions for modifications, clarifications and enlargement of analysis that do not compel the conclusion that the draft Housing Element fails to comply with the Housing Element Law; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon the City Council's decision is based is the Office ofthe City Clerk. NOW, THEREFORE, BE IT RESOLVED: 1. That the City Council finds and determines that it is in the public interest to adopt General Plan Update 2002. 2. That General Plan Update 2002 is hereby adopted. UH\554928.1 01-O611304706052 -2- Resolution No. 2002-40 PASSED AND ADOPTED this 13th day of June, 2002, by the following vote: AYES: NOES: ABSENT: DILLON, GARTMAN, PINHEIRO, VELASCO and SPRINGER ARELLANO, MORALES NONE APPROVED: ~ Thomas W. Springer, , ATTESY: ) \-.- .I /fL/ . / ._.J '.' ^/., /'. _ _ "'..il; cllGe-, (., l J. L./ j..A.A , . Rhonda Pellin, City Clerk \JH\554928.1 01-060304706D52 -3- Resolution No. 2002-40 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2002-40 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 13th day of June, 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 18th day ofJune, 2002. A//7 ~~~~~4~' City Clerk ofthe.City of Gilroy (Seal)