Resolution 2006-04RESOLUTION NO. 2006-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING USA 04 -02 TO INCLUDE
APPROXIMATELY 27.7 ACRES, APN's 808 -21 -008, 009, 016,
018, IN THE CITY'S URBAN SERVICE AREA AND APPLYING
TO THE LOCAL AGENCY FORMATION COMMISSION OF
SANTA CLARA COUNTY (LAFCO) FOR A MODIFICATION
OF THE CITY'S URBAN SERVICE AREA
WHEREAS, Luchessa Road LLC ( "Applicant ") submitted USA 04 -02 known as the
Barberi Urban Service Area Amendment to incorporate approximately 27.7 acres of land into
Gilroy's Urban Service Area ( "the Project "); and
WHEREAS, the property affected by USA 04 -02 is contiguous to the City's existing Urban
Service Area and is located at the southwest corner of Luchessa Avenue and Monterey Road, such
land being indicated on a map attached hereto as Exhibit "A "; and
WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "), a Final
Subsequent Environmental Impact Report ( "Final EIR ") entitled "Barber' Urban Service Area
Amendment (04 -02) ", SCH# 1998102079 and dated November 15, 2005, was certified by the City
Council on December 19, 2005, finding that (a) it was completed in compliance with CEQA; that
(b) the Final EIR was presented to the City Council and the City Council reviewed and
considered the information contained in the Final EIR prior to approval; and that (c) the Final
EIR reflects the independent judgment and analysis of the City; 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
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Resolution No. 2006 -04
WHEREAS, the Planning Commission held a duly noticed public hearing on December
1, 2005, at which time the Planning Commission considered the public testimony, the Staff
Report dated November 21, 2005, and all other documentation related to application USA 04 -03,
and recommended that the City Council certify the Final EIR and approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on USA 04 -02 on
December 19, 2005, at which time the City Council considered the Project and based upon
substantial evidence in the entire record, including both oral and written testimony, resolved that the
Project should be approved; and
WHEREAS, on January 23, 2006, the City Council adopted Resolution No. 2006 -03, the
"CEQA Resolution," making the findings concerning each significant environmental effect of
the Project adopting a statement of overriding considerations for those effects deemed
unavoidable, all in conformance with CEQA, and adopting a Mitigation Monitoring Program for
the mitigation measures set forth in the Final EIR; 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.
follows:
NOW, THEREFORE, BE IT RESOLVED THAT the City council hereby finds as
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 of the General Plan.
SECTION II
1. The subject parcels constitute a logical extension of the existing Urban Service Area.
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Resolution No. 2006 -04
1 Public utilities and infrastructure improvements needed to serve the proposed
development area are adjacent to the project site along Luchessa Avenue and Monterey Road.
The proposed extension will not be growth inducing as the project site is surrounded
by existing urban uses.
4. Any development of the project site will require compliance with the City's adopted
Agricultural Mitigation Policy with mitigation for the loss of agricultural lands on an acre - per -acre
basis. The City and the Applicant have entered into an Agreement for Deferred Agricultual
Mitigation pursuant to the City's Agricultural Mitigation Policy.
5. The proposed extension of the existing Urban Service Area will not be detrimental
to the public welfare or injurious to persons or property in the City or adjacent areas.
SECTION III
USA 04 -02 should be and hereby is approved, subject to the mitigation measures set forth in
the Final EIR as described in Resolution 2006 -03, and the Mitigation/Monitoring Program adopted
for this project therein.
SECTION IV
USA 04 -02 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, and Resolution 2006 -03 making the required
findings under CEQA, and a copy of the Final EIR.
PASSED AND ADOPTED this 23rd day of January, 2006 by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
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ARELLANO, BRACCO, CORREA,
GARTMAN, VALIQUETTE, VELASCO
and PINHEIRO
NONE
NONE
Resolution No. 2006 -04
ATTEST:
Rhonda Pellin, City Clerk
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01 -011206- 04706089
APPROVED:
Alb-6t Pinheiro, Mayor
m
Resolution No. 2006 -04
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G koy, caWornia E R S Gilroy, Califomia ° ~■°
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2006 -04 is an original resolution, or true and correct copy of a city resolution,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
23rd day of January, 2006, 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 7th day of February, 2006.
City Clerk of the City of Gilroy
(Seal)