Ordinance 2002-07ORDINANCE NO. 2002-7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING AN APPLICATION FOR A CHANGE IN
ZONING DESIGNATION FROM A1 (AGRICULTURAL) TO R1
(SINGLE FAMILY RESIDENTIAL) AND PF (PUBLIC
FACILITIES) ON APPROXIMATELY 6.5 ACRES, APN 790-08-
011
WHEREAS, Gilroy Unified School District ("Applicant") submitted apphcation Z 00-09 to
change the zoning designation of approximately 6.5 acres identified as APN 790-08-011
("Property") located on the east side of Wren Avenue, north of the Antonio del Buono Elementary
School ("School"); and
WHEREAS, the current zoning designation of the Property is A1 (Agricultural) land; and
WHEREAS, said A1 zoning will be changed by rezoning the 2.86 acres of the southerly
portion of the Property adjacent to the School, APN 790-08-015, to R1 (Single Family Residential)
and rezoning the 3.64 acres of the northerly portion of the Property adjacent to the School, APN
790-08-016, to PF (Public Facilities), which is described in the map attached hereto as Exhibit "A"
and incorporated by this reference; and
WHEREAS pursuant to the California Environmental Quality Act (CEQA), the City
Council adopted a Negative Declaration on March 4, 2002, 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 held a duly noticed public hearing on December 6,
2001, at which time the Planning Commission considered the public testimony, the Staff Report
dated November 27, 2001 ("Staff Report") and all other documentation related to application
\CDS~546186.1 -1- Ordinance No. 2002-7
040402~4706002
Z 00-09, and recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public heating on March 4, 2002 at which
time the City Council considered the public testimony, the Staff Report and all other documentation
related to application Z 00-09; 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.
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 I
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
\CDS~546186.1 -2- Ordinance No. 2002-7
040402-04706002
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 II
This Ordinance shall be in full force and effect thirty (30) days after the date of its
passage and adoption.
PASSED AND ADOPTED this 1st day of April, 2002, by the following vote:
AYES:
C OUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN
MORALES, PINHEIRO, VELASCO, and
SPRINGER
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Rhonda Pellin, City Clerk
NONE
NONE
APPROVED:
Thomas W. Sp~
~eos~6~.~ -3- Ordinance No. 2002-7
040402-04706002
T~ l~:14 FAI
BERLINER & COH3BN
EXHIBIT MAP
LANDS OF THE I~ILROY UNIFII~I S~IO~L DISTRICT
CITY OF I~ILROY ,~NTA CLARA C~JNTY, CA..
EXHIBIT A
I, RHONDA PELL1N, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2002-7 is an original ordinance, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 1st day of April, 2002, at which meeting a
quorum was present.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seat of
the City of Gilroy this 25th day of April, 2002.
City Clerk of the City of Gi y
(Seal)