Ordinance 2008-13
ORDINANCE NO. 2008-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING Z 08-03, AMENDING GILROY ZONING ORDINANCE TO
CREATE THE MURRAY-LAS ANIMAS AVENUE OVERLAY
COMBINING DISTRICT, BOUNDED BY LEA VESLEY AVENUE TO THE
SOUTH, 101 FREEWAY TO THE EAST, COHANSEY AVENUE TO THE
NORTH AND MONTEREY ROAD TO THE WEST, AND MODIFIYING
THE CITY ZONING MAP TO DESIGNATE SUCH OVERLAY
COMBINING DISTRICT.
WHEREAS, the City of Gilroy submitted application Z 08-03 to amend the City of
Gilroy ("City") Zoning Ordinance to create the Murray-Las Animas Avenue Overlay Combining
District, bounded by Leavesley Avenue to the south, 101 Freeway to the east, Cohansey Avenue
to the north and Monterey Road to the west, and modifying the City Zoning Map to designate
such Overlay Combining District; and
WHEREAS, the California Environmental Quality Act of 1970, as amended, ("CEQA"),
provides that if it can be seen with certainty, as here, that there is no possibility that said
amendment to the Gilroy Zoning Ordinance may have a significant effect on the environment,
then said amendment is exempt from the requirements of CEQA pursuant to the provisions of
Section 15061(b)(3) of the CEQA Guidelines; and
WHEREAS, the Planning Commission held a duly noticed public hearings on November
6, 2008, at which time the Planning Commission considered the public testimony, the staff report
dated November 6, 2008, and all other documentation related to application Z 08-03, and
recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearings on November 17,2008,
at which time the City Council considered the public testimony, the staff reports dated November
6 and 7,2008, and all other documentation related to application Z 08-03; 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
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Ordinance No. 2008-13
SECTION I
The City Council hereby finds:
A. The proposed Zoning Ordinance amendment to create the Murray-Las Animas
Avenue Overlay Combining District, bounded by Leavesley Avenue to the
south, 101 Freeway to the east, Cohansey Avenue to the north and Monterey
Road to the west, and modifying the City Zoning Map to designate such
Overlay Combining District is consistent with the intent of the City's Zoning
Ordinance, Section 20;
B. The proposed Zoning Ordinance amendment is consistent with the intent of the
goals and policies of the City of Gilroy's General Plan; and
C. The proposed Zoning Ordinance amendment will not create any
environmental impacts.
SECTION II
Based on the above findings, zoning application Z 08-03 is hereby approved, and the
Gilroy Zoning Ordinance Section 20.40 entitled "Establishment of the Murray-Las Animas
Avenue Overlay Combining District" is hereby added to Section 20 of the City Zoning
Ordinance to read as follows:
"Section 20.40
Establishment of the Murray-Las Animas Avenue Overlay
Combining District
The Murray-Las Animas Avenue Overlay Combining District includes all parcels
within the geographical area bounded by Leavesley Avenue to the south, 101
Freeway to the east, Cohansey Avenue to the North and Monterey Road to the
west. The Planning Commission shall hold a public meeting, noticing all property
owners and residents within this area, on any planning project requiring an
Architecture and Site Review application proposed for approval within this
geographical area. The public noticing costs shall be borne by the project
applicant. Notwithstanding Section 50.41 of this Ordinance, the Planning
Commission shall review and issue or deny approval of said application,
according to the standards set forth in Section 50.40 and in the Murray-Las
Animas Avenue Overlay Combining District Design Policy. The applicant, if not
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Ordinance No. 2008-13
satisfied with the terms and conditions of approval or a denial from the Planning
Commission, may appeal such decision, in writing, to the City Council, within
fifteen (15) days of the Planning Commission's decision."
SECTION III
Based on the above findings, zoning application Z 08-03 is hereby approved, and the
Gilroy Zoning Ordinance Section 3.20 entitled "Designation of Combining Districts" is hereby
amended to add to the list of combining districts the following combining district:
"MA MURRAY -LAS ANIMAS AVENUE OVERLAY COMBINING DISTRICT"
SECTION IV
Based on the above findings, zoning application Z 08-03 is hereby approved, and the
Gilroy Zoning Map is hereby amended to add the "Murray-Las Animas Avenue Overlay
Combining District."
SECTION V
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 VI
This Ordinance shall be in full force and effect thirty (30) days after the date of its
passage and adoption.
II
II
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Ordinance No. 2008-13
II
PASSED AND ADOPTED this 15th day of December, 2008, by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, BRACCO, DILLON, GARTMAN,
TUCKER, WOODWARD, and PINHEIRO
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
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ATTEST:
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Ordinance No. 2008-13
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2008-13 is an original ordinance, or 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 December, 2008, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 18th day of December, 2008.
Shawna Freels, CMC
City Clerk of the City of Gilroy
(Seal)