Ordinance 1995-12ORDINANCE NO. 95 -12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY REZONING FROM R3 (MEDIUM DENSITY
RESIDENTIAL) TO R3 -PUD (MEDIUM DENSITY RESI-
DENTIAL - PLANNED UNIT DEVELOPMENT) ON APPROX-
IMATELY 1.02 ACRES, APN 790 -04 -066.
WHEREAS, the City of Gilroy has submitted application Z
95 -05, requesting an amendment to the City of Gilroy Zoning Map to
rezone approximately 1.02 acres located West of Kern Avenue, south
of the future Mantelli Drive extension from R3 (Medium Density
Residential) to R3 - PUD (Medium Density Residential - Planned Unit
Development), APN 790 -04 -066, such property as is indicated on the
map attached hereto as Exhibit "A" and incorporated herein by
reference; and,
WHEREAS, the City has prepared a previous expanded initial
study for this site (see GPA 93 -02), in accordance with the
California Environmental Quality Act ( "CEQA "); and,
WHEREAS, following its independent review of the initial
study, the City circulated a Negative Declaration for this project
with 29 mitigation measures incorporated into the project, and
adopted same on September 19, 1994, as having been completed in
compliance with CEQA; and,
WHEREAS, the Planning Commission held a duly noticed public
hearing on Z 95 -05 on July 6, 1995, and after that hearing voted
to recommend approval of the project; and
WHEREAS, this City Council held a duly noticed public hearing
on Z 95 -05 on July 17, 1995, at which public hearing the City
Council considered the project, proposed conditions and mitigation
measures and a mitigation monitoring program and, based upon sub-
stantial evidence produced both in writing and orally, resolved
that the project should be approved with conditions; and,
WHEREAS, the location and custodian of the documents or other
material which constitute the record of proceedings upon which this
resolution is based is the office of the City Clerk.
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56- 071904706002 -1- ORDINANCE NO. 95 -12
0
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I
The project is consistent with the Gilroy General Plan
because it conforms to the land use designation for the property
on the General Map Plan and is consistent with the intent of the
text, goals, and policies of the General Plan.
SECTION II
The City has properly taken all actions required by CEQA.
SECTION III
A. Z 95 -05 should be and hereby is approved, subject to the
mitigation measures contained within and the mitigation monitoring
program attached to the Negative Declaration adopted for this
project.
B. The Zoning Map of the City of Gilroy is hereby amended to
rezone approximately 1.02 acres located West of Kern Avenue, south
of the future Mantelli Drive extension from R3 (Medium Density
Residential) to R3 - PUD (Medium Density residential - Planned Unit
Development), APN 790 -04 -066, such property as is indicated on the
map attached hereto as Exhibit A.
SECTION IV
This ordinance shall take effect and be in full force
thirty days from and after its adoption and approval.
PASSED AND ADOPTED this 7th day of August, 1995 by the
following vote:
AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROWLISON,
VALDEZ, GAGE
NOES: COUNCILMEMBERS: NONE.
ABSENT: COUNCILMEMBERS: ROGERS
APC1
Donald F. Gage,(%ay0br
ATTES
G
S sanne E. Steinmetz, City C k
\353 \195190.1
56- 071906706002 -2- ORDINANCE NO. 95 -12
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MAP TO ACCOMPANY REZONING APPLICATION
LANDS OF THE CITY OF GILROY
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Portion of Parcel 2, Book 526 of Maps, Page 16
Santa Clara County, California
May 1995 Not to Scale
Z 95 -a5
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Job No_ 94050
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 95 -12 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 7th day of August 19 95,
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 8th day of August
19 95
City Clerk of th6 City of Gilroy
(Seal)