Loading...
Resolution 2018-25RESOLUTION NO. 2018-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING GENERAL PLAN MAP AMENDMENT APPLICATION (GPA 17 -01) FOR PROPERTY LOCATED AT 6503 CAMERON BOULEVARD AND 1001 VENTURE WAY. FILED BY MCCARTHY GILROY LLC C/O JOSEPH A. MCCARTHY, JR. WHEREAS, McCarthy Gilroy LLC (c /o Joseph A. McCarthy, Jr.) submitted an application requesting a General Plan Map Amendment (GPA 17 -01) to amend the 2020 General Plan Circulation Plan Map to eliminate a planned extension from Silacci Way to Venture Way and replace the collector cut -thru street with a collector cul -de -sac; and WHEREAS, the subject property is located at 6503 Cameron Boulevard and 1001 Venture Way (Assessor's Parcel Numbers 841 -17 -107 & 841 -17 -108); and WHEREAS, the project has been determined to be exempt from the California Environmental Quality (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3); and WHEREAS, city staff have determined that the project has no possibility would have a significant effect on the environment and that none of the exceptions listed in CEQA Guidelines Section 15300.2(a -f) would apply to the project; and WHEREAS, a Notice of Exemption has been prepared by city staff and will be filed with the Santa Clara County Clerk- Recorder's Office; and WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed project on April 19, 2018 and was continued to the May 17, 2018 meeting, at which public hearing the Commission considered the proposed project, staff report, public comments and testimony, and all other documentation or other evidence received on the project; and WHEREAS, the Planning Commission finds the General Plan Amendment application conforms to the intent of the Gilroy General Plan and elements thereof; and WHEREAS, the City Council held a duly noticed public hearing on GPA 17 -01 on July 2, 2018, at which public hearing the City Council considered the proposed project, staff report, public comments and testimony, and all other documentation or other evidence received on GPA 17 -01; and RESOLUTION NO. 2018-25 WHEREAS, the City Council has considered GPA 17 -01 in accordance with the Gilroy General Plan and other applicable standards and regulations; and WHEREAS, the City Council finds that GPA 17 -01 conforms to the intent of the Gilroy General Plan and elements thereof. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council approves GPA 17 -01. 2. GPA shall be in full force and effect thirty (30) days after its passage and adoption. 3. GPA 17 -01 is subject to the following conditions: Note: The following abbreviations identify the City department or division responsible for determining compliance with these conditions. The first group listed has responsibility for compliance at plan check, the second confirms compliance with the condition at final inspection, prior to final occupancy or issuance of a certificate of occupancy, or as specified in the condition. If only one group is identified, they have responsibilities from initial review through compliance verification. An internal condition reference number is located at the end of each condition (e.g. G -1 or MND -S2). RESPONSIBLE DEPARTMENTS/DIVISIONS BL Building Division/Inspectors PK Parks/Landscape Design CA City Attorney PL Planning Division CC Chemical Control Agency PW Public Works/Engineering FP Fire Prevention TR Traffic Division PD Police Department WW Wastewater /Source Control GENERAL PROJECT CONDITIONS 1. Approval of GPA 17 -01 is granted consistent with plans stamped as "Received on August 23, 2017 ( "the plans ") on file with the Planning Division. Specifically, this request only includes the General Plan anticipated conversion of the cut through collector street, Silacci Way, into a cul -de -sac. The design of such terminus shall be to the satisfaction and approval of the City Engineer. (PL, G -1) 2. Applicant means permit applicant, property owner, operator, permitee, lessee, and/or tenants using the space(s) for the intended use(s). Developer shall comply with project conditions for the life of the project. (CA, G -2) 3. Applicant agrees, as a condition of permit approval, at Applicant's own expense, to defend, indemnify, and hold harmless the City of Gilroy ( "the City ") and its officers, contractors, consultants, attorneys, employees and agents from any and all claim(s), RESOLUTION NO. 2018-25 action(s) or proceeding(s) brought against the City or its officers, contractors, consultants, attorneys, employees, or agents to challenge, attack, set aside, void or annul the approval of this resolution or any condition attached thereto or any proceedings, acts or determinations taken, including actions taken under the California Environmental Quality Act of 1970, as amended, done or made prior to the approval of such resolution that were part of the approval process. (CA, G -3) 4. Failure to appeal this decision in a timely manner, or commencement of any activity related to the project, is understood to clarify Applicant's acceptance of all conditions and obligations imposed by this approval and waiving any challenge to the validity of the conditions and obligations stated therein. (CA, G -4) 5. If Applicant, owner or tenant fails to comply with any of the conditions of this approval, the Applicant, owner or tenant shall be subject to permit revocation or enforcement actions pursuant to the City Code. All costs associated with any such actions shall be the responsibility of Applicant, owner or tenant. (CA, G -6) 6. Applicant shall complete the "Notice of Land Use Restrictions and Conditions" form, using the form provided by the City, for recording with the Santa Clara County Recorder. Before the City issues building permits for future development applications associated with APNs 841 -17 -107 and 841 -17 -108, Applicant shall submit the original completed, signed and notarized document to the Community Development Director or designee. (PL, G -7) PLANNING DIVISION SPECIAL CONDITIONS 7. In the event of an accidental discovery of archaeological resources during grading or construction activities, Developer shall include the following language on any grading, site work, and construction plans issued for the project site (BL/PL, PL -1): "If archaeological or cultural resources are discovered during earth - moving, grading, or construction activities associated with any future development applications for the site, all work shall be halted within at least 50 meters (165 feet) of the find and the area shall be staked off immediately. The monitoring professional archaeologist, if one is onsite, along with Mr. Valentin Lopez, tribal representative for the Amah Mutsun Tribal Band, shall be notified and evaluate the find. If a monitoring professional archaeologist is not onsite, the City shall be notified immediately and a qualified professional archaeologist shall be retained (at Developer's expense) to evaluate the find and report to the City. If the find is determined to be significant, appropriate mitigation measures shall be formulated by the professional archaeologist and implemented by the responsible party." 8. In the event of an accidental discovery or recognition of any human remains, Developer shall include the following language in all grading, site work, and construction plans (BL/PL, PL- 2): RESOLUTION NO. 2018-25 "If human remains are found during earth - moving, grading, or construction activities associated with any future development applications for the site, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of Santa Clara County is contacted to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission and Mr. Valentin Lopez, tribal representative for the Amah Mutsun Tribal Band, within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner." 9. As required by the City Engineer, the Developer shall sell at Fair Market Value as determined by third -party appraisal a well site of at least 170 ft. x 85 ft. on the adjacent site (6601 Cameron Boulevard, APN #841 -84 -009) with access from Cameron Boulevard, or other access as approved by the City Engineer. (PW, PW -1) FIRE CONDITIONS 10. Applicant shall red -curb and/or post no parking signs within the cul -de -sac during construction. (FP, F -1) PASSED AND ADOPTED this 2nd day of July 2018 by the following roll call vote: AYES: COUNCIL,MEMBERS: BLANKLEY, BRACCO, HARNEY, LEROE- MUNOZ, TOVAR, TUCKER and VELASCO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE RESOLUTION NO. 2018-25 ATTEST: Shawna Freels, City RESOLUTION NO. 2018-25 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2018 -25 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 2nd day of July, 2018, 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 3rd �day of July, 2018. Shwa Freels, MMC `-' — City Clerk of the City of Gilroy (Seal)