Resolution No. 2020-13 | Environmental Impact Report | Adopted 10/01/2020RESOLUTION NO. 2020-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY
RECOMMENDING THE CITY COUNCIL CERTIFY THAT THE ENVIRONMENTAL
IMPACT REPORT FOR A COMPREHENSIVE REPLACEMENT OF THE CITY'S
GENERAL PLAN IS ADEQUATE AND IN COMPLIANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA); ADOPT THE NEW GILROY 2040
GENERAL PLAN, AS AMENDED TO INCLUDE ADDITIONAL MOBILITY ELEMENT
POLICIES, TO REPLACE, IN ITS ENTIRETY, THE CITY'S CURRENT GILROY 2020
GENERAL PLAN; AND ADOPT THE CEQA FINDINGS OF FACT, THE STATEMENT OF
OVERRIDING CONSIDERATIONS WITH RESPECT TO CERTAIN SIGNIFICANT
ADVERSE ENVIRONMENTAL IMPACTS IDENTIFIED IN THE EIR, AND THE
MITIGATION MONITORING PROGRAM. (GPA 13-02)
WHEREAS, Government Code Section 65300 mandates that each city and county adopt "a
comprehensive, long-term general plan" for "the physical development of the county or city, and any
land outside its boundaries which bears relation to its planning"; and
WHEREAS, the Planning Commission is the recommending body to the City Council for
amendments to the General Plan; and
WHEREAS, on May 21, 2012, the City Council authorized preparation of a comprehensive
General Plan Amendment (GPA 13-02), more specifically the Gilroy 2040 General Plan to replace, in
its entirety, the City's current Gilroy 2020 General Plan, referred to herein as the "Project"; and
WHEREAS, the City Council appointed the General Plan Advisory Committee (GPAC) to
guide the preparation of the General Plan Policy Text and the Preferred Land Use Alternative; and
WHEREAS, the General Plan Policy Text contains the goals and policies that will guide
future decisions within the city and identifies implementation programs designed to support the
achievement of the goals and policies in the General, and
WHEREAS, the Preferred Land Use Alternative forms the basis for the General Plan Land
Use Diagram which depicts allowable land uses in the City, represented by designations or districts
that specify the type and intensity of allowed land uses; and
WHEREAS, in November 2016, the voters approved the Urban Growth Boundary, reducing
the potential growth areas for the City, and therefore requiring a substantial revision to the Draft
General Plan Land Use Diagram and Draft General Plan Policy Text due to the substantial change in
anticipated growth patterns; and
WHEREAS, on August 22, 2019, the GPAC completed selection of a Preferred Land Use
Alternative for recommendation to the Planning Commission and City Council; and
WHEREAS, on October 3, 2019, the Planning Commission recommended to the City Council
the approval of the General Plan Preferred Land Use Alternative; and
Resolution No. 2020-13 Page 2
WHEREAS, on November 18, 2019, the City Council approved the 2040 General Plan Land
Use Alternative for the purposes of defining the project to be evaluated in the General Plan
Environmental Impact Report (EIR); and
WHEREAS, the City of Gilroy prepared and circulated a Notice of Preparation for
30 days beginning on January 22, 2020, pursuant to CEQA Guidelines section 15082 to solicit
public input on the scope and content of the proposed EIR, and comment letters were received
from the Native American Heritage Commission, the California Department of Fish and Wildlife
Bay Delta Region, the Bay Area Air Quality Management District, the Santa Clara Valley Water
District (Valley Water), and the Local Agency Formation Commission of Santa Clara County;
and
WHEREAS, on January 23, 2020, the GPAC completed preparation of the revised Gilroy
2040 General Plan Policy Text for recommendation to the Planning Commission and City Council;
and
WHEREAS, on February 6, 2020, the Planning Commission recommended approval of the
General Plan Policy Text, as revised, to the City Council; and
WHEREAS, on March 16, 2020, the City Council approved the 2040 General Plan Policy
Text for the purpose of defining the project to be evaluated in the General Plan Environmental
Impact Report (EIR); and
WHEREAS, on June 22, 2020, the City completed the Gilroy 2040 General Plan Public
Review Draft Environmental Impact Report (DEIR), prepared a Notice of Availability (NOA) for
public review of the DEIR from June 26, 2020 through August 10, 2020, and circulated the NOA
for public review and comment with direct mailing and through the State Clearinghouse pursuant
to CEQA Guidelines Sections 15087 and 15105; and
WHEREAS, pursuant to CEQA Guidelines sections 15087(d) and (f), the City posted a
Notice of Availability with the Santa Clara County Clerk -Recorder on June 23, 2020, published
the Notice of Availability in the Gilroy Dispatch on June 26, 2020, submitted a Notice of
Completion to the State Clearinghouse on June 25, 2020, and mailed the Notice of Availability to
those agencies and organizations on the City's distribution list believed to potentially have an
interest in the Gilroy 2040 General Plan on June 23, 2020; and
WHEREAS, the City posted the Notice of Availability and the Gilroy 2040 General Plan
Public Review Draft Environmental Impact Report (DEIR) on the City's website on June 25
2020.
WHEREAS, due to COVID-19 restrictions, the public review draft EIR was not available
for public review at the Gilroy Planning Division counter and the Santa Clara County Public
Library — Gilroy Branch, as neither location was open to the public;
Resolution No. 2020-13
Page 3
WHEREAS, the City received thirteen (13) comment letters from individuals,
organizations, and agencies, and responded to those comments in a Final Environmental Impact
Report dated September 23, 2020, pursuant to CEQA Guidelines Sections 15089 and 15132, and
provided a copy of the responses to commenters on September 25, 2020 pursuant to CEQA
Guidelines Section 15088(b); and
WHEREAS, all required public notices were given in accordance with local and state law; and
WHEREAS, the Planning Commission held a duly noticed public meeting on October 1,
2020, at which time the Planning Commission received and considered the staff report, considered the
Gilroy 2040 General Plan Public Review Final Environmental Impact Report, inclusive of the draft
and final volumes, and all evidence received including written and oral public testimony related to the
Project and the environmental review and considered the proposed new Gilroy 2040 General Plan;
and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Gilroy hereby recommends to the City Council: (1) certification that the Environmental Impact
Report for a comprehensive replacement of the City's General Plan is adequate and in compliance
with the California Environmental Quality Act (CEQA); (2) approval of the new Gilroy 2040 General
Plan, as amended to include additional Mobility Element policies, to replace, in its entirety, the City's
current Gilroy 2020 General Plan; and (3) adoption of the CEQA findings of fact, the statement of
overriding considerations with respect to certain significant adverse environmental impacts identified
in the EIR, and the Mitigation Monitoring Program.
PASSED AND ADOPTED this I" day of October 2020 by the following roll call vote:
Aye: Estorga, Lerner, Morales Medina, Fleming, Fischer
No: None
Abstain: None
Absent: Doyle, Kim
ATTEST: APPROVED:
Aener, Secretary Tom