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Resolution No. 2020-11 | Historic Resource Inventory Update | Adopted 08/20/2020RESOLUTION NO.2020-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY RECOMMENDING TO THE CITY COUNCIL ACCEPTANCE OF THE HISTORIC RESOURCE INVENTORY UPDATE AND PROPERTY OWNER'S GUIDE TO HISTORIC PRESERVATION (FILE NUMBER M 18-13) AS A GUIDNG DOCUMENT FOR PRESERVATION OF HISTORIC RESOURCES IN THE CITY OF GILROY WHEREAS, the Historic Resource Inventory Update was prepared by DUDEK Environmental Consultants for the purpose of identifying eligible, potentially eligible, and non -eligible historic resources in the City of Gilroy; and WHEREAS, the Property Owner's Guide to Historic Preservation was prepared by DUDEK Environmental Consultants for the purpose of assisting the public in understanding the purpose and process of historic preservation in the City of Gilroy; and WHEREAS, the Historic Heritage Committee held public meetings on May 20, 2020 and June 17, 2020, at which time the Historic Heritage Committee received and considered written public testimony related to the Historic Resource Inventory Update file number M 18-13, and thereafter recommended that the Planning Commission recommend acceptance of said document to the City Council, and WHEREAS, the Planning Commission has received and considered the Draft Historic Resource Inventory and Property Owner's Guide to Historic Preservation, in accordance with the City of Gilroy Zoning Ordinance (Article LII), and the staff report pertaining to the proposed Historic Resource Inventory Update file number M 18-13; and WHEREAS, the Planning Commission held a duly noticed public meeting on July 9, 2020, at which time the Planning Commission received and considered written and oral public testimony related to the Historic Resource Inventory Update file number M 18-13, and thereafter recommended that the City Council accept said document with the staff recommended revisions; and WHEREAS, the review and acceptance of the guiding documentation contained in the Historic Resource Inventory Update file number M 18-13 is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to the provisions of Section 15331 of the CEQA Guidelines, which states that a project is exempt from CEQA if it is "intended for maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior's Standards." The Historic Resource Inventory Update and Property Owner's Guide to Historic Preservation are documents intended to be resources to elected and appointed officials, City staff, and Gilroy property owners, and would not have a significant effect on the environment; and Resolution No. 2020-11 Page 2 WHEREAS, in accordance with City of Gilroy General Plan, the Planning Commission finds that the acceptance of the Historic Resource Inventory Update and Property Owner's Guide to Historic Preservation furthers the goals and policies adopted by the City Council to preserve Gilroy's past through historical, archeological, and paleontological resources that are preserved, protected, enhanced, and commemorated for the benefit of current and future generations. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission ofthe City of Gilroy hereby recommends to the City Council the acceptance of the Historic Resource Inventory Update document and Property Owner's Guide to Historic Preservation file number M 18-13. PASSED AND ADOPTED this 9 h day of July 2020 by the following roll call vote: AYES: Lerner, Estorga, Morales, Doyle, Kim, Fischer NOES: ABSTAIN: ABSENT: Fleming ATTEST: Karen L. Garner, Secretary RESOLUTION NO.2020-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GILROY GRANTING APPEAL M 20-11 AND RESCINDING APPROVAL OF MINOR MODIFICATION PERMIT MM 20-19 FOR LANDSCAPE PLANTING WITHIN A PARKSTRIP LOCATED ALONG EAGLE RIDGE DRIVE, BETWEEN COUNTY DOWN WAY AND PORTMARNOCK WAY. WHEREAS, on June 2, 2020, the Community of Eagle Ridge Owners Association submitted an application for Minor Modification Permit Application MM 20-19 requesting approval to replace existing sod with (13) new Red Maple (Acer Rubrum) trees and landscaping for (390) lineal feet along Eagle Ridge Drive, between County Down Way and Portmarnock Way, adjacent to the open space at 7151 Eagle Ridge Drive; and WHEREAS, the subject property is zoned RH-PUD, being part of the combined Eagle Ridge Planned Unit Development, and Gilroy City Code (GCC) Section 30.50.41 (b)(1) states that the Community Development Director or designee may approve changes to previously approved development permits, but only for but only for minor modification of architectural elements, lighting, or landscaping details; and WHEREAS, no further environmental analysis is required by the California Environmental Quality Act (CEQA) pursuant to Sections 15301 (Existing Facilities) and 15304(b) (Minor Alterations of Land) of the CEQA Guidelines; and WHEREAS, on June 24, 2020, the Planning Division issued approval MM 20-19 minor modification permit for the parkstrip planting program; and WHEREAS, on July 14, 2020, Ray Ivicevich submitted a timely appeal of the Planning Division approval MM 20-19; and WHEREAS, on August 20, 2020, the City of Gilroy Planning Commission held a duly noticed public hearing where the application materials, staff report, and public testimony were considered; and WHEREAS, the location and custodian of the documents and other material which constitute the record of proceedings upon which this Project approval was based is the official of the Community Development Department; and WHEREAS, the Planning Commission, considered appeal M 20-011, and after due study, deliberation and public hearing; and WHEREAS, the Planning Commission found that the approval MM 20-19 is not consistent with the initial Planned Unit Development approval AS 96-17, as the proposed Red Maple (Acer Rubrum) trees are not consistent with the Sycamore street trees installed in the development. M 20-11 Resolution No. 2020-12 NOW THEREFORE, BE IT RESOLVED the Planning Commission of the City of Gilroy hereby grants the appeal M 20-011, and rescinds approval MM 20-19. PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF GILROY, this 20`n day of August, 2020, by the following vote: AYES: COMMISSIONERS: Lerner, Estorga, Morales -Medina, Doyle, Kim, Fischer NOES: COMMISSIONERS: Fleming ATTEST: Kar n L. Garner, Secretary -2- M 20-11