Resolution No. 2018-03 | General Plan Map Amendment (GPA 17-01) For Property Located at 6503 Cameron Blvd | Adopted 05/17/2018RESOLUTION NO.2018-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GILROY RECOMMENDING CITY COUNCIL APPROVAL OF 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.,
221 LOS GATOS SARATOGA ROAD, LOS GATOS, CA 95030.
WHEREAS, McCarthy Gilroy LLC c/o Joseph A. McCarthy, Jr. submitted an application
requesting a General Plan Map Amendment 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 Planning Commission of the City of Gilroy has considered the General
Plan Amendment request (GPA 17-01) in accordance with the Gilroy General Plan and
other applicable standards and regulations; 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 May 17, 2018, 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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Gilroy
hereby recommends to the City Council approval of General Plan Amendment application
(GPA 17-01), subject to the following conditions:
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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. (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), 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-7)
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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-9)
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 (BLIPL, 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 (BLIPL, PL-2):
"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
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unable to identify a MILD 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."
FIRE CONDITIONS
Applicant shall red -curb and/or post no parking signs within the cul-de-sac during
construction. (FP, F-1)
PASSED AND ADOPTED this 17t' day of May 2018 by the following roll call vote:
AYES: COMMISSIONERS
Fischer
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS
ATTEST:
Susan L. O'Strander, Secretary
Estorga, Scheel, Armendariz, Ashford, Rodriguez,
Kim