Ordinance 1996-15ORDINANCE NO. 96 -15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY REZONING CERTAIN PROPERTY FROM Al
(AGRICULTURE) TO C3 -PUD (SHOPPING CENTER
COMMERCIAL - PLANNED UNIT DEVELOPMENT ON
APPROXIMATELY 5 ACRES, APN 835 -04 -019, Z 96-
05.
WHEREAS, MH Engineering Co. and Greg Mussallem
( "applicants ") have submitted Z 96 -05 requesting an amendment to
the City of Gilroy's Zoning Map to rezone approximately 5 acres of
property from Al (Agriculture) to C3 -PUD (Shopping Center
Commercial- Planned Unit Development); and
WHEREAS, the property affected by Z 96 -05 is located at
8690 San Ysidro Avenue, north of Leavesley Road, such land being
indicated on a map attached hereto as Exhibit A and incorporated
herein by this reference; and
WHEREAS, a previous Environmental Impact Report was
prepared for this site which was certified under General Plan
Amendment application GPA 93 -04 on September 6, 1994, which
included 32 mitigation measures, a mitigation monitoring program
and a Statement of Overriding Considerations; and
WHEREAS, the site had been designated for light
industrial uses (Industrial Park) until March 27, 1995, when the
General Plan designation of this parcel was changed to General
Services Commercial; and
WHEREAS, Appendix G of the General Plan indicates that
C3 is an acceptable zoning district for areas which are designated
General services Commercial on the General Plan; and
WHEREAS, the Planning Commission held a duly noticed
public hearing on Z 96 -05 on June 6, 1996, and after that hearing
voted to recommend to recommend denial of the proposed rezoning;
and
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9 •
WHEREAS, the City Council held a duly noticed public
hearing on Z 96 -05 on July 1, 1996; and
WHEREAS, the City Council at its duly noticed meeting of
July 1, 1996, reviewed and considered the proposed rezoning, along
with staff reports, public testimony, and documentation and other
evidence included in the record of hearings on the project
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 Plan Map, and it is consistent with the intent of the
text, goals, and policies of the General Plan documents.
SECTION II
The City Council adopted an Environmental Impact Report
for this site on September 6, 1994, with a Statement of Overriding
Considerations and 32 mitigation measures and a mitigation
monitoring program, which was prepared by in accordance with the
California Environmental Quality Act and that reflects the
independent judgment of the City.
SECTION III
A. Z 96 -05 should be and hereby is approved, subject to
the mitigation measures and mitigation monitoring program set forth
in the Environmental Impact Report certified under General Plan
Amendment application GPA 94 -03.
B. The Zoning Map of the City of Gilroy is hereby
amended to rezone approximately 5 acres pursuant to Z 96 -05 from Al
(Agriculture) to C3 -PUD (Shopping Center Commercial - Planned Unit
Development), such property as is located at 8690 San Ysidro
Avenue, north of Leavesley Road, such land as is known as APN 835-
04 -019, indicated on Exhibit A attached hereto.
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SECTION IV
This ordinance shall take effect and be in full force
thirty days from and after its adoption and approval.
PASSED AND AD
following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
OPTED this 5`" day of August, 1996 by the
GILROY, MORALES, ROWLISON, SPRINGER,
VALDEZ, GAGE
NONE
ROGERS
APPROVED:
x ��
D(Tnald F. Gage, � a f6
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 96 -15 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 5th day of August , 19 96 ,
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 96.
ity Clerk of the-City of Gilroy
(Seal)