Ordinance 2006-07ORDINANCE NO. 2006 -07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING APPLICATION Z 05 -10 FOR A
CHANGE IN ZONING DESIGNATION FROM R1 (SINGLE
FAMILY RESIDENTIAL) TO C2 (CENTRAL DISTRICT
COMMERCIAL) ON APPROXIMATELY 0.12 ACRES
LOCATED AT 157 OLD GILROY STREET, APN 841 -08 -017
WHEREAS, Jose Franco submitted application Z 05 -10 to change the zoning designation
from R1 (Single Family Residential) to C2 (Central District Commercial) on approximately 0.12
acres located at 157 Old Gilroy Street, APN 841 -08 -017; 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 January 5,
2006, at which time the Planning Commission considered the public testimony, the staff report
dated December 8, 2005 ( "Staff Report"), and all other documentation related to application
Z 05 -10, and recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on January 23, 2006, at
which time the City Council considered the public testimony, the Staff Report, and other
documentation related to application Z 05 -10; 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.
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Ordinance No. 2006 -07
SECTION I
NOW, THEREFORE, THE CITY COUNCIL FINDS THAT:
The proposed rezoning is consistent with the intent of the goals and policies of the
General Plan document, and with the land use designation on the City's recently adopted
Downtown Specific Plan land use map.
There is no substantial evidence in the entire record that the project will cause any
significant environmental impacts.
The project will not be detrimental to the public welfare or injurious to persons or
property in the vicinity.
The public utilities and infrastructure improvements required for the project are in place
on Old Gilroy Street.
SECTION II
Based on the above findings, Zoning application Z 05 -10 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
any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared
unconstitutional.
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Ordinance No. 2006 -07
SECTION IV
This Ordinance shall become effective thirty (30) days after its adoption.
PASSED AND ADOPTED this 27th day of February, 2006, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
VALIQUETTE, VELASCO, and PRMEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ATTEST:
Rhonda LPellin.,City Clerk
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APPROVED:
ert Pinheiro, Mayor
Ordinance No. 2006 -07
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2006 -07 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
27th day of February, 2006, 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 7th day of February, 2006.
City Clerk of the City of Gilroy
(Seal)