Ordinance 2002-05ORDINANCE NO. 2002-5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING AN APPLICATION FOR A CHANGE IN
ZONING DESIGNATION FROM RI (SINGLE FAMILY
RESDENTIAL) TO R1-PUD (SINGLE FAMILY RESDENTIAL-
PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 1.3
ACRES, APNS 790-19-086, 790-19-087 AND 790-19-088
WHEREAS, Syncon Homes of Califomia, the applicant, submitted application Z 01-02 to
change the zoning designation on property identified as APNs 790-19-086, 790-19-087 and 790-19-
088 from R1 (Single Family Residential) to RI-PUD (Single Family Residential-Planned Unit
Development), consist'rog of approximately 1.3 acres, located on Kern Avenue, south of Ramona
Way; and
WHEREAS, the California Environmental Quality Act (CEQA) provides a categorical
exemption for infill development projects pursuant to CEQA Guideline Section 15332; which
applies to this project; and
WHEREAS, the Planning Commission held duly noticed public hearings on November 2,
2001 and January 3, 2002, at which times the Planning Commission considered the public
testimony, the StaffReports dated October 24, 2001 and December 21, 2001 ("Staff Reports"), and
all other documentation related to application Z 01-02, and recommended that the City Council
approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on January 22, 2002 at
which time the City Council considered the public testimony, the Staff Reports, including an
addendum Staff Report dated January 14, 2002, and all other documentation related to application
Z 01-02; 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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05-012804706002
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 I1
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 19th day of February, 2002, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES,
PINHEIRO, VELASCO, and SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
Rhonda Pellin, City Clerk
~'~ 6,,~.~ .
Thomas W. Springe~l~ayor
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05-012804706002
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2002-5 is an original ordinance, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 19th day of February, 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 15th day of March, 2002.
City Clerk of the City of Gilroy
(Seal)