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
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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)