Ordinance 2003-21
ORDINANCE NO. 2003-21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING AN APPLICATION FOR A CHANGE IN
ZONING DESIGNATION FROM C3 (SHOPPING CENTER
COMMERCIAL) TO R1 (SINGLE FAMILY RESIDENTIAL) ON
APPROXIMATELY 2.5 ACRES AT 6555 MONTEREY ROAD,
APN 799-46-007
WHEREAS, James Suner, the applicant, submitted application Z 03-09 to change the
zoning designation on property identified as APN 799-46-007 from C3 (Shopping Center
Commercial) to Rl (Single Family Residential) on approximately 2.5 acres located at 6555
Monterey Road; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Final
Environmental Impact Report ("EIR") was prepared for the City of Gilroy General Plan Update
and certified by the City Council on June 13, 2002 in compliance with CEQA; and the Council
adopted CEQA findings and a Statement of Overriding Considerations in Resolution No. 2002-
41, and adopted a mitigation/monitoring program; and
WHEREAS, pursuant to CEQA Guidelines section 21093, the City has determined that
General Plan Amendment GP A 03-04 is a lesser intensification of use than that evaluated for
environmental effects under the General Plan Update; and
WHEREAS, the Planning Commission held a duly noticed public hearing on October 2,
2003, at which time the Planning Commission considered the public testimony, the Staff Report
dated September 26, 2003 ("Staff Report"), and all other documentation related to application
Z 03-09, and recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on October 6, 2003, at
which time the City Council considered the public testimony, the Staff Report, and all other
documentation related to application Z 03-09; and
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Ordinance No. 2003-21
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 generally consistent with the intent of the goals
and policies of the City's General Plan, and is consistent with the General Plan designation
of Low Density Residential approved on October 20, 2003 for GP A 03-04.
B. Public utilities and infrastructure improvements needed in order to serve the
proposed project are in close proximity.
C. 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 03-09 is hereby approved subject to the
relevant mitigation measures in the General Plan Update EIR.
SECTION III
This Ordinance shall be in full force and effect thirty (30) days after the date of its
passage and adoption. This Ordinance shall become effective only if GP A 03-04, Resolution
No. 2003-69, takes effect; and Z 03-09 is not approved unless Resolution No. 2003-69 takes
effect.
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Ordinance No. 2003-21
PASSED AND ADOPTED this 3RD day of November, 2003 by the following:
AYES:
COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and
SPRINGER
NOES:
COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
APPROVED:
. ATTE,T: _).
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Rhonda Pellin, City Clerk
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IG801604666.1
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Ordinance No. 2003-21
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached
Ordinance No. 2003-21 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
3rd day of November, 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 13th day of November, 2003.
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'-iJ/IUf1d A. CZ::Uj~ .A-..
City Clerk of the City of Gilroy
(Seal)