Ordinance 2000-09 ORDINANCE NO. 2000-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING AN APPLICATION FOR A CHANGE IN THE ZONING
DESIGNATION FROM C1-HN, NEIGHBORHOOD COMMERCIAL
HISTORICAL NEIGHBORHOOD, TO R2, TWO FAMILY RESIDENTIAL-
HISTORICAL NEIGHBORHOOD, ON TWO ADJACENT PARCELS
TOTALING APPROXIMATELY 8,566 SQUARE FEET, APN 799-06-027, 799-
06-028
WHEREAS, Jim Galley ("Applicant") submitted application Z 00-03 requesting
to change the zoning designation on property identified as APN 799-06-027 and APN 799-06-
028 from C1-HN (Neighborhood Commercial-Historical Neighborhood) to R2 (Two Family
Residential-Historical Neighborhood) on two adjacent parcels consisting of approximately 8,566
square feet; and
WHEREAS, the property affected by Z 00-03 is located at 121 and 141 Fifth Street, on
the north side of Fifth between Church and Eigleberry Streets, such land being indicated on the
map attached hereto as Exhibit A; and
WHEREAS, approval of this project is categorically exempt from the environmental
review requirements of the California Environmental Quality Act ("CEQA"), pursuant to Section
15303 of the CEQA Guidelines (concerning '~New Construction or Conversion of Small
Structures"); and
WHEREAS, the Historic Heritage Committee reviewed application Z 00-03 at its duly
noticed public heating on April 13, 2000, and recommended that the Planning Commission
approve application Z 00-03; and
WHEREAS, the Planning Commission reviewed application Z 00-03 at its duly noticed
public heating on June t, 2000, and recommended that the City Council approve application Z
00-03; and
\GMB\484586.1 - I- Ordinance No. 2000-09
01 ~62104706002
WHEREAS, the City Council held a duly noticed public hearing on June 19, 2000, at
which time the City Council considered the public testimony, the Staff Report dated May 17,
2000, revised June 12, 2000, and all other documentation related to application Z 00-03; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this project approval is based is the office of the
City Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT:
The City Council hereby finds that the zone change is consistent with the
goals and policies of the City's General Plan document.
The City Council hereby finds that this project is consistent with the intent
of the Historic Site and Neighborhood Combining District.
The City Council hereby finds that this project will not be detrimental to the
public welfare or injurious to persons or property in the vicinity because the
residential use proposed by the project is consistent with the existing
adjacent and neighboring residences, as well as the residential character of
the neighborhood.
The City Council hereby finds that there is no substantial evidence in the
record that this project will have a significant effect on the environment.
The City Council finds that application Z 00-03 should be and hereby is
approved.
I~MS~404S80.~ -2- Ordinance No. 2000-09
01-062104706002
PASSED AND ADOPTED this 7th day of August, 2000 by the following vote:
AYES: COUNCILMEMBERS: G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, SUDOL,
VELASCO, SPRINGER
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
NONE
NONE
APPROVED:
ATTE~T~/~,
Rhonda Pellin, City Clerk
Thomas W. Springer, ~a~or
~.GMB~.84586.1 -3- Ordinance No. 2000-09
01-062104706002
EXHIBIT A
Neighboring Property Setbacks
121 & 141 Fifth Street
St.
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2000-09 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, 2000, 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 22nd day of August, 2000.
Cirty ~16r!~ofthe City of Gilroy
(Seal)