Ordinance 2004-05
ORDINANCE NO. 2004-05
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 1
ACRE AT 8810 KERN AVENUE, APN 790-19-089
WHEREAS, applicant Redline Corporation submitted application Z 04-01 to change the
zoning designation on property identified as APN 790-19-089 from Rl (Single Family
Residential) to RI-PUD (Single Family Residential Planned -- Unit Development); and
WHEREAS, the California Environmental Quality Act ("CEQA") provides a categorical
exemption for infill 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 March 4,
2004, at which time the Planning Commission considered the public testimony, the Staff Report
dated February 26, 2004 ("Staff Report"), and all other documentation related to application
Z 04-01, and recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on March 15, 2004, at
which time the City Council considered the public testimony, the Staff Report, a Supplemental
Staff Report dated March 9, 2004, and all other documentation related to application Z 04-
01; 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 considered to be consistent with the land use
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Ordinance No. 2004-05
designation and the intent of the goals and policies ofthe 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 project will cause any
significant environmental impacts.
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 04-01 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 19th day of April, 2004, by the following:
AYES:
COUNCILMEMBERS: CORREA, DILLON, MORALES,
VALIQUETTE and PINHEIRO
COUNCILMEMBERS: GARTMAN and VELASCO
NOES:
ABSENT:
COUNCILMEMBERS: NONE
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APPROVED:
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. e Pinheiro, Mayor
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Ordinance No. 2004-05
I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached
Ordinance No. 2004-05 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
19th day of April, 2004, 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 30th day of April, 2004.
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City Clerk of the City of Gilroy
(Seal)