Ordinance 2003-12
ORDINANCE NO. 2003-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING AN APPLICATION FOR A CHANGE IN
ZONING DESIGNATION FROM Rl (SINGLE-FAMILY
RESIDENTIAL) TO RI-PUD (SINGLE-FAMILY RESIDENTIAL
- PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 2
ACRES AT 8860 KERN AVENUE, APN 790-19-091
WHEREAS, Dos Acres, the applicant, submitted application Z 03-03 to change the zoning
designation on property identified as APN 790-19-091 from Rl (Single-Family Residential) to Rl-
PUD (Single-Family Residential- Planned Unit Development) on approximately 2 acres located at
8860 Kern Avenue; and
WHEREAS, the California Environmental Quality Act ("CEQA"), provides a categorical
exemption for until development projects pursuant to CEQA Guidelines section 15332, which
applies to this project; and
WHEREAS, the Planning Commission held a duly noticed public hearing on July 10, 2003,
at which time the Planning Commission considered the public testimony, the Staff Report dated
June 30, 2003, and all other documentation related to application Z 03-03, and recommended that
the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on July 21, 2003, at which
time the City Council considered the public testimony, the Staff Report dated Revised July 15,
2003, and all other documentation related to application Z 03-03; 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.
SECTION I
NOW, THEREFORE, THE CITY COUNCIL FINDS THAT:
A. The proposed rezoning is substantially consistent with the General Plan Land Use
Designation and the intent ofthe goals and policies of the City's General Plan.
B. Public utilities and infrastructure improvements needed in order to serve the
proposed project are in close proximity.
C. There is no substantial evidence in the record that this infill project should not be
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Ordinance No. 2003-12
categorically exempt from CEQA pursuant to Guideline section 15332.
D. This project will not be detrimental to the public welfare or injurious to persons or
property in the vicinity.
SECTION II
Based on the above findings, Zoning application Z 03-03 is hereby approved.
SECTION III
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 anyone or
more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional.
SECTION IV
This Ordinance shall be in full force and effect thirty (30) days after the date of its passage
and adoption.
PASSED AND ADOPTED this 2nd day of September, 2003 by the following
AYES: COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and
SPRINGER
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
APPROVED:
AT'f!iT~ . )
#~'- D:.LL (~
Rhonda Pellin, City Clerk
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Ordinance No. 2003-12
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2003-12 is an original ordinance, or a true and correct copy of a city ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
2nd day of September, 2003, at which meeting a quorum was present, and has been published or
posted pursuant to law.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 10th day of October, 2003.
~~-c '.-..
lerk of the City of Gilroy
(Seal)