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Resolution 2018-26RESOLUTION NO. 2018-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY TO ADOPT A MITIGATED NEGATIVE DECLARATION (MND) PREPARED FOR THE HECKER PASS COMMERCIAL PROJECT, LOCATED SOUTH OF HECKER PASS HIGHWAY (STATE ROUTE 152) AT 2740 HECKER PASS ROAD (ASSESSOR'S PARCEL NUMBER 810 -20 -006), FILED BY HECKER PASS COMMERCIAL, LLC WHEREAS, Hecker Pass Commercial, LLC, submitted an Architectural and Site Review application (A/S 17 -02) requesting approval of the Hecker Pass Commercial project; and WHEREAS, the subject property is located within the Hecker Pass Specific Plan area, south of Hecker Pass Highway (State Route 152) at 2740 Hecker Pass Road; and WHEREAS, the City, as lead agency under the California Environmental Quality Act (Pub. Res. Act § 21000 et seq.) has prepared an Initial Study to evaluate the potentially significant environmental effects of the project; and WHEREAS, the mitigation measures provided in the Initial Study would reduce significant impacts to a less than significant level and therefore, the project with mitigation measures incorporated, would not have a significant effect on the environment; and WHEREAS, the City prepared a Mitigated Negative Declaration for the Project pursuant to the requirements of CEQA Guidelines Section 15070 and the applicant has agreed to the mitigation measures; and WHEREAS, the City prepared a Notice of Completion of a Mitigated Negative Declaration and a Notice of Intent to Adopt the Mitigated Negative Declaration, and sent the notices along with the Mitigated Negative Declaration, to the State Clearinghouse, as well as to local and regional public agencies and service providers; and RESOLUTION NO. 2018 -26 WHEREAS, the Notice of Intent for adoption of the Mitigated Negative Declaration, pursuant to the requirements of CEQA Guidelines Section 15072, was posted with the Santa Clara County Clerk and published in the Gilroy Dispatch; and WHEREAS, the Mitigated Negative Declaration was circulated for the required 30 -day public review period (State Clearinghouse #2017092019), ending on October 9, 2017, and was made available for review pursuant to the requirements of CEQA Guidelines Section 15073; and WHEREAS, several comments were received on the Mitigated Negative Declaration; and WHEREAS, the Planning Commission held a duly noticed public hearing on A/S 17 -02 on June 7, 2018, at which public hearing the Commission considered A/S 17 -02, staff report, public comments and testimony, and all other documentation or other evidence received on A/S 17 -02, and recommended that the City Council adopt the mitigated negative declaration; and WHEREAS, the City Council held a duly noticed public hearing on the Architectural and Site Review application A/S 17 -02 on July 2, 2018, at which public hearing the Council considered A/S 17 -02, staff report, public comments and testimony, and all other documentation or other evidence received on A/S 17 -02. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy hereby adopts the Mitigated Negative Declaration prepared for the Architectural and Site Review application A/S 17 -02 and make the following findings: 1. The Mitigated Negative Declaration has been completed in compliance with CEQA and its implementing guidelines; and 2. On the basis of the whole record, including the Initial Study and comments received on the Mitigated Negative Declaration during the public review period, RESOLUTION NO. 2018 -26 there is no substantial evidence that the project will have a significant effect on the environment; and 3. The Mitigated Negative Declaration reflects the City's independent judgment and analysis; and 4. Documents and other materials constituting the record of the proceedings upon which the City's decision and its findings are based are located at the Office of the City Clerk of the City of Gilroy, 7351 Rosanna Street, Gilroy, California 95020. PASSED AND ADOPTED this 2nd day of July 2018 by the following roll call vote: AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, HARNEY, LEROE- MUNOZ, TOVAR, TUCKER and VELASCO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE n ATTEST: Shawna Freels, City Clerk -- ✓ -- RESOLUTION NO. 2018 -26 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2018 -26 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 3`d day of July, 2018. Shawna Freels, MMC City Clerk of the City of Gilroy (Seal)