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)