Ordinance 2002-03ORDINANCE NO. 2002-3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING AN APPLICATION FOR A CHANGE IN
ZONING DESIGNATION FROM A1 (AGRICULTLrRAL) TO RH
(RESIDENTIAL HILLSIDE) ON APPROXIMATELY 3.19
ACRES, APN 810-23-009.
WHEREAS, Kenneth and Shirley Thomas, the applicants, submitted application Z 01-05 to
change the zoning designation on property identified as APN 810-23-009 fi:om A1 (Agricultural) to
RH (Residential Hillside), consisting of approximately 3.19 acres, located at 6395 Miller Avenue;
and
WHEREAS pursuant to the Califomia Environmental Quality Act (CEQA), the City
Council adopted a Negative Declaration on December 17, 2001, finding that the Negative
Declaration was completed in compliance with CEQA, that it reflects the independent judgment of
the City and that there is no substantial evidence in the record that the project will have a significant
effect on the environment; and
WHEREAS, the Planning Commission reviewed application Z 01-05 at a duly noticed
public heating on December 6, 2001, and recommended that the City Council approve said
apphcation; and
WHEREAS, the City Council held a duly noticed public hearing on December 17, 2001 at
which time the City Council considered the public testimony, the Staff Report dated December 17,
2001 ("Staff Report"), and all other documentation related to application Z 01-05; 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, THE CITY COUNCIL FINDS THAT:
A. The proposed rezoning is consistent with the General Plan Land Use
Designation and the intent of the goals and policies of the City's General Plan
document.
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B. The residential use is consistent with the existing adjacent and neighboring
residences, as well as the residential character of the neighborhood.
C. There will be no significant environmental impacts as a result of this project.
D. This project will not be detrimental to the public welfare or injurious to persons
or property in the vicinity.
SECTION II
If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for
any reason held to be unconstitutional or otherwise void or invalid by any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance and each
section, subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that
any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared
unconstitutional.
SECTION III
This Ordinance shall be in full force and effect thirty (30) days after the date of its
passage and adoption.
PASSED AND ADOPTED this 22nd day of January, 2002, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES,
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
PINHEIRO, and SPRINGER
NONE
VELASCO
APPROVED:
Thomas W. Springer, M~r --
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2002-3 is an original ordinance, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 22nd day of January, 2002, 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 31st day of January, 2002.
City Clerk of the City of Gilroy
(Seal)