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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 1G601680799.1 01 -011206-04706089 -I- 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. 1GB01680799.1 01 -011206- 04706089 -2- 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: IGB01680799.1 _3 01V1206- 04706089 ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO and PINHEIRO NONE NONE Resolution No. 2006 -04 ATTEST: Rhonda Pellin, City Clerk IGB01680799.1 01 -011206- 04706089 APPROVED: Alb-6t Pinheiro, Mayor m Resolution No. 2006 -04 LfGM Boundary of area to be Included in the Urban Service Area ■ ■ u- • ■ Existing City Limits � Existing boundary of the Urban Service Area = *. •.:..... €xbling Mnszatlon per F Tho rl.90 sa Annexollan 59 -1 to the Gilroy Ordinance No. Cl848 i xlstlnq City Limits Lando 8- Ha-01 �x 0.87t�* 1 -019 iL X, \ d� \ J Existln boundary of the - Urban g l Urban boundary Area �- so --- - -- .. \...�:.. L.OT V \ the d 2 a R Lands of Barbera APN: 806- 021 -016 25.69 ACt FAtti rq An 7 nexation p8 8 Th maslonlerey Annexation to the City of Gila Ordinance No. 77 -40 Boundary of wee to be Included ■n =e Urban Service Area • 1. �• Larxb of txr MY of Way VICINfTY MAP AM 10 SWE Sphere of Influence Existing Urban Service Area lands AT .T Comma of Cdif. APN: 808- 021 -008 0.06 ACt Lands of Suburban Propane APN: 008-021-009- o 0.57 AC3 7� istIn Annexation per �x 9 Third southern addition to the City of G9roj -� GrdMonce No. 717 0 %. • 00 \ Existing City Limits \ LAWS OF CLawslos Existing boundary of the Urban Servlee Area \ McDermot�/Giacalone " 1V1 H Morey Road LOCATION MAP G koy, caWornia E R S Gilroy, Califomia ° ~■° .690-00 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)