Resolution 2009-06
RESOLUTION NO. 2009-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING GP A 08-04, A GENERAL PLAN
AMENDMENT TO CHANGE THE GENERAL PLAN LAND
USE DESIGNATION FROM OPEN SPACE TO
NEIGHBORHOOD DISTRICT ON APPROXIMATELY 35
ACRES OF PROPERTY EAST OF SANTA TERESA
BOULEVARD, BETWEEN THOMAS ROAD AND MESA
ROAD, PORTIONS OF APNS 808-25-001,002 AND 005
WHEREAS, Ken Kerley, applicant, submitted GP A 08-04 requesting a General Plan
Amendment to change the General Plan Land Use Designation from Open Space to
Neighborhood District on approximately 35 acres located east of Santa Teresa Boulevard,
between Thomas Road and Mesa Road, affecting portions of APNs 808-25-001, 002 and 005;
and
WHEREAS, in compliance with the California Environmental Quality Act ("CEQA"),
the City Council on June 13,2002 certified the Final Environmental Impact Report ("FEIR") for
the 200212020 General Plan, and adopted a Statement of Overriding Considerations in
connection with its approval. This property was proposed at that time for the Neighborhood
District designation, and was analyzed as such in the FEIR. However, the City Council
designated it Open Space due to its location in a flood plain, which, without evidence to the
contrary, may have interfered with its potential for development. A hydrology report by Schaff
and Wheeler submitted with this current application determined that development with urban
uses consistent with the Neighborhood District designation would not create significant effects or
impacts on this property or on adjacent lands. This application proposes a reversion to the
Neighborhood District designation proposed in the draft 2002/2020 General Plan, and as such is
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Resolution No. 2009-06
consistent with the overall environmental analysis in the 2002 FEIR; and
WHEREAS, the Planning Commission held a duly noticed public hearing on February 5,
2009, at which time the Planning Commission considered the public testimony, the Staff Report
dated January 26,2009 ("Staff Report"), and all other documentation related to application GPA
08-04, and recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on March 2, 2009, at
which time the City Council considered the public testimony, the Staff Report, a supplemental
staff report dated February 20,2009 and all other documentation related to application GPA 08-
04; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this project approval is based is the office of the
City Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council finds as follows:
1. That the proposed amendment is generally consistent with the intent of the
goals and policies of the City's General Plan as it relates to Neighborhood Districts and is
generally consistent with the intent of the goals and policies of the "Neighborhood District
Policy" adopted by the City on June 13,2005.
2. That the adoption of the proposed General Plan amendment is in the
public interest in that the development of the parcel will create urban uses in an area that can
support said uses in furtherance of the development of Neighborhood Districts in the City.
3. That there is no substantial evidence in light of the entire record that the
proj ect will have a significant effect on the environment beyond any addressed in the FEIR, and
that there is no substantial evidence in light of the entire record that the project meets any of the
criteria under CEQA that triggers either a subsequent or supplemental EIR, as further explained
in the Staff Report.
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Resolution No. 2009-06
B. General Plan Amendment 08-04 should be and hereby is approved, subject to the
Mitigation Measures set forth in the FEIR and to the associated Mitigation Monitoring Program,
which was adopted in conjunction with the approval of the 2002/2020 General Plan along with
the Statement of Overriding Considerations. The applicant shall enter into a deferred
Agricultural Mitigation Agreement with the City prior to approval of the next land use
application, for example but not limited to an Urban Service Area amendment, annexation
request, zoning for urban uses, or subdivision, if this property is subject to Agricultural
Mitigation Measure 4.4-A adopted by the City Council on June 13,2002 in conjunction with the
2002/2020 General Plan approval, and in accordance with the Agricultural Mitigation Policy
adopted by the City Council on May 3, 2004.
This Resolution shall become effective thirty (30) days from and after the date of its approval
and adoption by a majority of the members of the City Council unless prevented by law from
taking effect.
PASSED AND ADOPTED this 16th day of March, 2009 by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, BRACCO, DILLON,
GARTMAN, TUCKER, WOODWARD and
PINHEIRO
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
APPROVED:
~~/
Albert Pinheiro, Mayor
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Resolution No. 2009-06
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2009-06 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 16th day of March, 2009, 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 of March, 2009.
(Seal)