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Resolution 2007-87 RESOLUTION NO. 2007-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REGARDING CONDITIONAL USE PERMIT NUMBER: CUP 07-03, FOR PROPERTY IN THE Ml (LIMITED INDUSTRIAL) DISTRICT LOCATED AT 9120 MURRAY AVENUE (825-05-004) Whereas, the Planning Commission on September 6, 2007, conduct a duly noticed public hearing to consider a request for a Conditional Use Permit 07-03 (CUP) to allow the operation of a big-rig truck parking and dispatch yard, on property zoned Ml (Limited Industrial), located at 9120 Murray Avenue; and Whereas, the California Environmental Quality Act (CEQA) provides an exemption for Special Situations, Article 12, 15183, which applies to this request: that includes "development density established by existing zoning or general plan policies for which an EIR was certified shall not require additional environmental review; and Whereas, on September 6, the Planning Commission adopted Resolution No. 2007-08 2007, formally denying the CUP; and Whereas, the applicant timely appealed the Planning Commission's denial ofthe CUP to the City Council; and Whereas, on November 5, 2007, the City Council held a duly noticed public hearing to consider the appeal of the CUP pursuant to Zoning Code section 5160; and Whereas, at said public hearing the City Council considered all oral and written testimony from the applicant and from members of the public both supporting the applicant's appeal and opposing the applicant's appeal; and Whereas, prior to the public hearing the City Council had received written materials relevant to the appeal, all of which is part of the record considered by the City Council in issuing its decision in this matter. NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby resolve as follows: \JH\743680.1 111307-04706083 Resolution No. 2007-87 1. The applicant's appeal of the Planning Commission's denial of the CUP shall be, and the same hereby is, denied. 2. The City Council hereby finds that they cannot make the findings required in Section 50.32 of the Zoning Ordinance in order to grant a use permit. In particular, the City Council finds as follows: (a) That the proposed use is not properly located in relation to the General Plan and the community as a whole and to other land uses and is generally consistent with the intent of the General Plan document for industrial uses. (b) That the Proposed use, does not comply with all conditions, upon which approval is made contingent, will adversely affect other property in the vicinity, or cause damage, hazard, or nuisance to persons or property. This finding is based on substantial evidence in the record in front of the City Council including the following: (c) Road access to the subject property is not suitable. Las Animas Avenue and Cohansey Avenue are narrow, without sidewalks, and both have some residential uses. Taking the alternative truck routes proposed by the applicant to the west along Las Animas Ave. would involve crossing the Union Pacific Railroad tracks in an area of major grade changes. There was not sufficient evidence that trucks can safely make those crossings, and there was evidence that trucks routinely get stuck and pose a hazard to themselves and to users of these streets. (d) Because of the narrow streets and lack of sidewalks, there would be extensive conflicts between the trucks and bicyclists and pedestrians, including children. ( e) The applicant proposes hours of operation to have the trucks leave the site between 6:00 a.m. and 6:30 a.m. and to return between 6:30 p.m. and 7:30 p.m. There was evidence that there is pedestrian and youth activity on the streets even at those hours. (f) The proposed use would contribute to pollution from heavy vehicles in an area where residents are already exposed to substantial exhaust pollution from Highway 101. The City Council also makes the following finding pursuant to Section 50.32(b): (a) That the proposed use, even if it complied with all conditions upon which approval was proposed to be made contingent, will adversely affect other property in the vicinity and cause damage, hazard or nuisance to persons or property. This finding is based upon the following substantial evidence in the record in front of the City Council: \JH\743680.1 111307-04706083 Resolution No. 2007-87 (a) The same evidence mentioned in the preceding paragraph also supports this finding. (b) In particular, even if the applicant's proposed changes were instituted as to hours and truck routes, the City Council finds for the reasons given above, that the land use compatibility impacts between the heavy truck use and pedestrian and bicycle use of the narrow streets would still exist. PASSED AND ADOPTED this 19th day of November, 2007 by the following: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO, and PINHEIRO NONE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE APPROVED: ~ IJH1743680.1 111307-04706083 Resolution No. 2007-87 I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2007-87 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 3rd day of December, 2007, 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 19th day of December, 2007. (Seal)