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Resolution 2011-36 RESOLUTION NO. 2011-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S-09-08, AN APPLICATION FOR ARCHITECTURAL AND SITE APPROVAL FOR THE DEMOLITION OF BUILDINGS ON THREE PROPERTIES LOCATED AT 7347, 7353 & 7355 MONTEREY STREET, IN THE DOWNTOWN CIVIC/CULTURAL ARTS DISTRICT, APNS 799-08-039, 040 & 041 WHEREAS, the City of Gilroy submitted application AlS 09-08, requesting architectural and site approval for the demolition of buildings located within the Downtown Civic/Cultural Arts and Historic Neighborhood Overlay District located at 7347, 7353 and 7355 Monterey Street, APNs 799-08-039, 040 & 041; and WHEREAS, the Historic Heritage Committee reviewed said application including the Staff Report dated June 12,2009 ("Staff Report") at a du1y noticed public meeting held on June 17, 2009, and recommended approval of AlS 09-08 to the Planning Commission and City Council; and WHEREAS, the Planning Commission reviewed said application including the Staff Report dated July 7, 2011 ("Staff Report") at a duly noticed public meeting held on July 7, 2011, and recommended approval of AlS 09-08 to the City Council; and WHEREAS, the City Council held a duly noticed public meeting on July 18, 2011 and considered the public testimony, the Staff Reports and all other documentation related to application AlS 09-08; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council adopted the Mitigated Negative Declaration and Mitigation Monitoring Program dated June 13, 2011 for the project, finding that there is no substantial evidence that the project will have a significant impact on the environment and that the mitigated negative declaration reflects the City independent judgment and analysis; and -1- Resolution No. 2011-36 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: SECTION I The City Council hereby adopts the [mdings as required by Zoning Ordinance Section 27.50 based upon substantial evidence in the entire record as summarized below: 1. The demolition of the subject buildings will not have a significant impact on the historic character of the neighborhood because changes to the exteriors of the buildings that have occurred over time have eliminated any distinguishing features that contribute to that historic character. 2. The subject buildings are obviously not restorable due to the fact that two of the buildings are constructed of unreinforced masonry and all of the buildings are in a very poor condition of disrepair. SECTION II Application AlS 00-08 is hereby approved subject to the Mitigation Measures in the Mitigated Negative Declaration and to the Mitigation Monitoring Program. PASSED AND ADOPTED this 18th day of Ju1y, 2011 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, DILLON, LEROE- MUNOZ, TUCKER, WOODWARD and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE -2- Resolution No. 2011-36 ATTEST: APPROVED: -3- Resolution No. 2011-36 I, SHA WNA FREELS, City Clerk ofthe City of Gilroy, do hereby certify that the attached Resolution No. 2011-36 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 special meeting of said Council held on the 18th day of July, 2011, 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 20th day of July, 2011. /' (Seal)