Ordinance 2007-07
ORDINANCE NO. 2007-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING AN APPLICATION FOR A
CHANGE IN ZONING DESIGNATION FROM R3 (MEDIUM
DENSITY RESIDENTIAL) TO R3-PUD (MEDIUM DENSITY
RESIDENTIAL - PLANNED UNIT DEVELOPMENT) ON
APPROXIMATELY 1.07 ACRES LOCATED AT 341 THRU
385 GURRIES DRIVE, NORTHEAST CORNER OF
GURRIES DRIVE AND HANNA STREET , APNS 790-35-015,
016 AND 017.
WHEREAS, applicant Hanna Square Gilroy Independence/Chris Cote submitted
application Z 06-14 to change the zoning designation on property identified as APNS 790-35-
015, 016 AND 017 from R-3 (Medium Density Residential) to R3-PUD (Medium Density
Residential - Planned Unit Development) on approximately 1.07 acres located at 341-385
Gurries Drive, northeast comer of Gurries Drive and Hanna Street; and
WHEREAS, the California Environmental Quality Act ("CEQA") Guidelines section
15183 provides an exemption from further environmental review for projects consistent with a
Community Plan, General Plan or Zoning; and
WHEREAS, an Environmental Impact Report ("EIR") was prepared for the City of
Gilroy in conjunction with the 2020 General Plan and the Final EIR was certified by the City
Council on June 13,2002, and the City Council made the required findings for each significant
impact and adopted a Mitigation Monitoring Program and Statement of Overriding
Considerations with regard to each unavoidable significant impact; and
WHEREAS, as stated in the Staff Report dated January 25, 2007 ("Staff Report), this
project is in compliance with the land uses studied for this area in the 2020 General Plan EIR and
the Zoning District and is consistent with the residential densities that the General Plan identified
for those parcels; and
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ORDINANCE NO. 2007-07
WHEREAS, the Planning Commission held two duly noticed public hearings on
February 8,2007 and February 15,2007, at which time the Planning Commission considered the
public testimony, the Staff Report dated January 25,2007, and all other documentation related to
application Z 06-14, and recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on February 26,2007, at
which time the City Council considered the public testimony, the Staff Report, a supplemental
Staff Report dated February 20, 2007, and all other documentation related to application Z 06-
14; 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:
The proposed rezoning is consistent with the land use designation of Medium Density
Residential for the property on the City's General Plan map and with the intent of the General
Plan for residential uses.
There is no substantial evidence in the entire record that this project will cause any new
significant environmental impacts.
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 06-14 is hereby approved.
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ORDINANCE NO. 2007-07
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 April, 2007, by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, BRACCO, CORREA,
GARTMAN, VALIQUETTE, and
PINHEIRO
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
VELASCO
APPROVED:
~~
ATTEST:
\~~Vb ~
Rhonda Pellin, City Clerk
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ORDINANCE NO. 2007-07
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2007-07 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
19th day of March, 2007, 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 March, 2007.
'J/ /j .
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CIty C erk of the CIty of GIlroy
(Seal)