Resolution 2013-03RESOLUTION NO. 2013-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING GPA 12 -01 AMENDING THE
CITY'S GENERAL PLAN MAP TO RE- DESIGNATE
11 PARCELS FROM GENERAL SERVICES COMMERCIAL
AND LOW DENSITY RESIDENTIAL TO HIGH DENSITY
RESIDENTIAL. THE PARCELS RE- DESIGNATED ARE:
APNS 808 -01 -021, 808-01 -022, 808 -01 -023, 790 -21 -041, 790 -35-
001, 790 -36 -002, 790 -14 -025, 790 -14 -075, 790 -14 -091, 790 -15 -036,
and 790 -15 -041
WHEREAS, the City of Gilroy ( "City ") initiated four applications for it proposed Phase I
of implementation of the Housing Element of the City's General Plan; and
WHEREAS, the four applications are General Plan Map Amendment GPA 12 -01
(Amendment to the General Plan Map), Zoning Amendment Z 12 -06 (Amendment to the Zoning
Ordinance Text), Zoning Amendment Z 12 -07 (Amendment to the Zoning Map) and Zoning
Amendment Z 12 -08 (Amendment to the Downtown Specific Plan) ( "Project "); and
WHEREAS, the amendment to the City's General Plan Map re- designates 11 parcels
from General Services Commercial and Low Density Residential to High Density Residential
and includes APNS 808 -01 -021, 808 -01 -022, 808 -01 -023, 790 -21 -041, 790 -35 -001, 790 -36-
002, 790 -14 -025, 790 -14 -075, 790 -14 -091, 790 -15 -036, and 790 -15 -041; and
WHEREAS, the Planning Commission held a duly noticed public hearing on January 10,
2013, at which time the Planning Commission considered the public testimony, the staff report
dated January 10, 2013, ( "Staff Report"), and all other documentation related to the Project, and
recommended that the City Council approve said General Plan Map Amendment 12 -01; and
WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "), the City
Council on January 28, 2013, adopted a mitigated Negative Declaration for the Project finding
that it was completed in compliance with CEQA, that it reflects the independent judgment of the
City, and that there is no substantial evidence in the record that the project as mitigated will have
a significant effect on the environment; and
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012313-04706083
RESOLUTION NO. 2013-03
WHEREAS, the City Council held duly noticed public hearing on January 28, 2103, at
which time the City Council considered the public testimony, the supplemental staff report dated
January 28, 2013, the Staff Report, and all other documentation related to General Plan
Amendment 12 -01; 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.
SECTION I
NOW, THEREFORE, THE CITY COUNCIL FINDS THAT:
1. The General Plan Map Amendments as proposed by GPA 12 -01 are consistent with
the City's General Plan because they provide a means to implement Phase I of the
Housing Element by providing adequate areas available for high density residential
housing, which may also provide sites for affordable residential housing.
2. The General Plan Map Amendments as proposed by GPA 12 -01 are in the public
interest because they implement the requirements of the City's Housing Element
regarding the adequacy of areas for high density residential development.
3. The General Plan Map Amendments as proposed by GPA 12 -01 are also in the
public interest because they provide the means to re- designate 11 parcels from
General Services to High Density Residential.
4. There is no substantial evidence in the record that the adoption of the General Plan
Map Amendments as proposed by GPA 12 -01, with the required mitigations will
cause any significant environmental impacts.
SECTION II
Based on the above findings, General Plan Amendment application GPA 12 -01 is
hereby approved, as attached hereto as Exhibit A and incorporated herein by this reference, and
subject to the MND's mitigation/monitoring program, attached hereto as Exhibit B.
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WH11136083.5
012313-04706083
RESOLUTION NO. 2013-03
SECTION III
This Resolution shall be in full force and take effect thirty (30) days after the date of its
adoption.
PASSED AND ADOPTED this 28h day of January, 2013 by the following roll call vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
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WH11136083.5
012313-04706083
ARLELLANO, BRACCO, LEROE-
MUNOZ, TUCKER, WOODWARD and
GAGE
NONE
AULMAN
i
Donald Gage, Mayor
RESOLUTION NO. 2013-03
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MITIGATION MONITORING
AND REPORTING PROGRAM
CITY OF GILROY
2007 - 2014 HOUSING ELEMENT
IMPLEMENTATION PROJECT
LEAD AGENCY:
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Contact: Mr. David Bischoff, Planning Manager
408.846.0451
PREPARED BY:
RBF Consulting
111 North Market Street, Suite 440
San Jose, CA 95113
Contacts: Mr. Glenn Lajoie, AICP
Ms. Rita Garcia
949.472.3505
January 2013
JN 10- 108980
INTRODUCTION
Housing Element Implementation Project
Initial Study /Mitigated Negative Declaration
The California Environment Quality Act (CEQA) was amended in 1989 to add Public Resources Code Section
21081.6, which requires a public agency to adopt a monitoring and reporting program for assessing and ensuring
compliance with any required mitigation measures applied to proposed development. As stated in Section 21081.6:
"... the public agency shall adopt a reporting or monitoring program for the changes to the project which it
has adopted, or made a condition of project approval, in order to mitigate or avoid significant effects on the
environment."
Section 21081.6 provides general guidelines for implementing mitigation monitoring programs and indicates that
specific reporting and /or monitoring requirements, to be enforced during project implementation, shall be defined
when adopting a Mitigated Negative Declaration.
The mitigation monitoring table that follows lists those mitigation measures that may be included as conditions of
approval for the Project. These measures correspond to those outlined and discussed in Section 4.1 through Section
4.17. To ensure that the mitigation measures are properly implemented, a Mitigation Monitoring and Reporting
Program has been devised, which identifies the milestone and responsibility for monitoring each measure. The City
of Gilroy will have the responsibility for implementing the Program and the City's various departments will have the
primary responsibility for monitoring and reporting implementation of the mitigation measures.
Final • January 2013 - 1 - Mitigation Monitoring and Reporting Program
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I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2013 -03 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 28th day of January, 2013, 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 30th day of J
L�nawna rreeis, iviivi%-,
City Clerk of the City of Gilroy
(Seal)
, 2013.