Ordinance 1992-02ORDINANCE NO. 92- 2
AN ORDINANCE OF THE CITY OF GILROY APPROVING
A REZONING FROM A1 TO R3 ON APPROXIMATELY 1.77
ACRES OF PROPERTY LOCATED ON THE WEST SIDE OF
CHURCH STREET NORTH OF LIMAN AVENUE, APN 790-
16-15, 790-16-16
WHEREAS, Dewey and Hazel Hewell have submitted Z 92-01,
to amend the zoning map of the City of Gilroy to rezone approxi-
mately 1.77 acres on the west side of Church Street north of Liman
Avenue from A1 to R3-PUD; and,
WHEREAS, the City Council adopted Resolution 91-80
(attached), approving a Mitigated Negative Declaration for this
project in accordance with the California Environmental Quality Act
(CEQA) on December 16, 1991; and
WHEREAS, the Planning Commission held a duly noticed
public hearing on March 5, 1992 and after that public hearing the
Planning Commission did unanimously adopt Resolution No. 92-11
approving only rezoning to R3, but not with a PUD combining
rezoning; and
WHEREAS, the City Council held a duly noticed public
hearing on Z 92-01 on March 16, 1992; and
WHEREAS, the City Council hereby finds as follows:
1. The Mitigated Negative Declaration for this project
reflects the independent judgment of the City; and
2. The City has properly taken all actions required by
CEQA;
THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION I: The request to rezone parcels 790-16-15 and
790-16-16 from A1 to R3 should be and hereby is approved.
SECTION II: The request to add a PUD combining district
to the R3 rezoning should be and hereby is denied.
ORDINANCE NO. 92 - 2 -1-
SECTION III: This ordinance shall take effect and be in
full force thirty (30) days from and after its adoption and
approval.
PASSED AND ADOPTED this 6th day of April , 1992
by the following vote:
AYES:
COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON,
RO~ISON, VALDEZ and GAGE.
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
APPROVED:
ORDINANCE NO. 92 - 2
-2-
EXH IB IT
RESOLUTION NO. 91-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING GPA 91-08, AMENDING THE
GENERAL PLAN MAP OF THE CITY OF GILROY TO
CHANGE THE DESIGNATION FROM LOW DENSITY
RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL ON
APPROXIMATELY 1.77 ACRES ON THE WEST SIDE OF
CHURCH STREET, NORTH OF LIMAN AVENUE
WHEREAS, Dewey and Hazel Hewell have submitted GPA 91-08
to amend the General Plan map of the City of Gilroy to change the
designation from Low Density Residential to Medium Density
Residential on approximately 1.77 acres on the west side of Church
Street, north of Liman Avenue, as shown on the map attached as
Exhibit "A" and incorporated herein by this reference; and
WHEREAS, the Planning Commission upon giving the notice
required by law did on the 5th day of December, 1991, conduct a
duly advertised public hearing as prescribed by law to consider GPA
91-08 and adopted Resolution No. 91-30 making certain findings,
including that a Negative Declaration had been prepared pursuant
to the requirements of the California Environmental Quality Act,
and recommending that the Negative Declaration and GPA 91-08 be
approved by the city Council; and
WHEREAS, the City Council upon giving the required notice
has on the 16th day of December, 1991, conducted a duly advertised
public hearing as prescribed by law to consider GPA 91-08; and
WHEREAS, based on the evidence in the record before it,
the City Council concurs with the findings of the Planning
Commission, and further find that:
1. Revisions in the project plan will mitigate
identified potentially significant environmental effects to a point
where clearly no significant effects will occur;
2. There is no substantial evidence before the City
Council that the project, as revised, may have a significant effect
on the environment;
RESOLUTION NO. 91 - 80
-1-
3. The City has properly taken all actions required by
the California Environmental Quality Act; and
4. The adoption of GPA 91-08 is in the public interest;
NOW, THEREFORE, BE IT RESOLVED THAT
A. The Negative Declaration prepared for GPA 91-08, a
copy of which is attached hereto as Exhibit "B" and incorporated
herein by this reference, should be and hereby is approved; and
B. GPA 91-08 should be and hereby is approved, so that
the General Plan map of the City of Gilroy is hereby amended to
change the designation on approximately 1.77 acres on the west side
of Church Street, north of Liman Avenue from Low Density
Residential to Medium Density Residential.
PASSED AND ADOPTED this 16th day of December, 1991 by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
Gage (mayor), Gilroy, Hale,
Kloecker, Rowlinson, Valdez
None
Nelson
ATTEST:
,'/~ity Clerk
APPR~D
Mayor
RESOLUTION NO. 91 - 80
-2-
SITE-';
ZO~G M~ ~SET
L
M
L
SITE~
GENERAL PLAN MAP
LANDS OF HEWELL
EXHIBIT A
Planning Department
NEGATIVE
DECLARATION
city File N-mher: GPA 91-08
PROJECT DESCRIPTION:
City of Gilroy
7351 Rosanna St.
Gilroy, CA 95020
(408) 848-0440
Name of Project:
Nature of Project:
PROJE~-~ LOCATION:
Hewell General Plan Amendment
A General Plan Amendment request to amend the General
Plan Map from Low Density Residential to Medium
Density Residential on 1.77 acres.
Location: West side of Church Street, north of Liman Avenue
Assessor's Parcel.Number: 790-16-015, 790-16-016
Entity or Person(s) Undertaking Project:
Name: Dewey and Hazel Hewell
Address: P.O. Box 1901, Gilroy, CA 95021
INITIAL STUDY:
An Initial Study of this project was undertaken and prepared for the
purpose of ascertaining whether this project might have a significant
effect on the environment. A copy of this study is on file at the City of
Gilroy Planning Department, 7351 Rosanna Street, Gilroy, CA 95020
FINDINGS & REASONS:
The Initial Study identified potentially significant effects on the
environment. However, the applicant has agreed to revisions in the
project, or the project has been revised, see Mitigation Measures below
which avoid or mitigate the effects, to a point where no significant
effects will occur. There is no substantial evidence the project, as
revised, may have a significant effect on the environment. The following
reasons will support these findings:
1. The proposal is a logical extension of the existing urban, land use,
and zoning patterns of this area.
2e
Identified adverse impacts such as the effect on remaining sewer plant
capacity, school impacts, and increase in traffic generated from this
project are proposed to be mitigated through buildout schedules,
school impaction fees, and construction of off-site improvements.
3. The proposed project is consistent with the adopted goals and policies
of the General Plan of the City of Gilroy. ~
Exhibit B
Negative Declaration
GPA 91-08
-2- 12/17/91
MITIGATION MEASURES:
If the Gilroy Unified School District and the City of Gilroy determines
that the projec~ will impact local schools beyond the level offset by
required school impaction fees, the developer shall, as soon as possible,
and before issuance of any building permits for the project, negotiate
with the Gilroy Unified School District and the City of Gilroy and agree
to furnish funds or facilities that will fully mitigate such impacts.
2e
The design of all storm drainage and sewer lines shall be subject to the
approval of the Director of Public Works and the Santa Clara Valley Water
District.
3. Street improvements shall be provided by the developer subject to the
approval of the Director of Public Works.
4. Ail building pads shall be raised at least one foot above the 100-year
flood elevation.
5. No residences shall be constructed within areas designated by the National
Flood Insurance Study as being in a floodway.
Se
The developer shall provide for an archaeological reconnaissance of the
site prior to the issuance of any building permits.
Native trees and shrubs shall be preserved wherever possible. Where
removal is necessary, the developer shall submit a replanting/replacement
program subject to the approval of the Director of Planning.
Date Prepared: October 3, 1991
End of Review Period: November 8, 1991
Date Approved by City Council: December 16, 1991
Michael Dorn
Director of Planning
I' SUSANNE E. STEINMETZ~ City Clerk of the City of Gilroy, do
hereby certify that the attacJ~ed Resolution No. 91'80 is an original
resolution~ duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 16th day of. December , 19. 91 ,
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 20th day of December ,
19 91.
(Seal)
I~ SUSANNE E. STEINMETZi City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 92-2 is an original
ordinance~ duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 6th day of April · , 19 92 ,
at which meeting a quorum was present.
IN WITNESS WHEREOF i I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this 8th day of April
19 92.
(Seal)