Ordinance 2004-19
ORDINANCE NO. 2004-19
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 1.93 ACRES LOCATED AT 8895 KERN
AVENUE AT THE SOUTHWEST CORNER OF KERN AND
MANTELLI, APNS 790-04-073, 084, AND 085
WHEREAS, applicant Del Curto Brothers submitted application Z 04-07 to change the
zoning designation on property identified as APNs 790-04-073, 084, and 085 from Rl (Single-
Family Residential) to RI-PUD (Single-Family Residential - Planned Unit Development) on
approximately 1.93 acres located at 8895 Kern Avenue at the southwest comer of Kern and
Mantelli; and
WHEREAS, the California Environmental Quality Act ("CEQA") provides a categorical
exemption for in-fill 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 October 7,
2004, at which time the Planning Commission considered the public testimony, the Staff Report
dated September 24, 2004 ("Staff Report"), and all other documentation related to application
Z 04-07, and recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on October 18, 2004, at
which time the City Council considered the public testimony, the Staff Report, a Supplemental
Staff Report dated October 8, 2004, and all other documentation related to application Z 04-
07; and
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Ordinance No. 2004-19
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:
The proposed rezoning is consistent with the land use designation for the property on the
City's General Plan map and with the intent of the General Plan's goals and policies for
residential uses.
There is no substantial evidence in the entire record that this project will cause any
significant environmental impacts.
This project will not be detrimental to the public welfare or lllJunous to persons or
property in the vicinity.
SECTION II
Based on the above findings, Zoning application Z 04-07 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.
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Ordinance No. 2004-19
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 15th day of November, 2004, by the following vote:
AYES: COUNCILMEMBERS:
CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO and
PINHEIRO
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
APPROVED:
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ert ilheiro, Mayor
ATTEST:
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Rhonda Pellin, City Clerk
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Ordinance No. 2004-19
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2004-19 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
15th day of November, 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 19th day of November, 2004.
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City Clerk of the City of Gilroy
(Seal)