Resolution 1980- 37
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RESOLUTION NO. 80-37
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DENYING
THE APPLICATION OF RINGEL-ARITA CORPORATION TO PREZONE
16.4 ACRES ON THE WEST SIDE OF KERN AVENUE 110 FEET NORTH
OF WELBURN AVENUE AS Rl PLANNED UNIT DEVELOPMENT DISTRICT.
WHEREAS, the application Z 80-2 has heretofore been made by
RINGEL-ARITA CORPORATION to the Planning Commission of the City of
Gilroy for prezoning a 16.4 acre parcel, more or less, on the west
side of Kern Avenue 110 feet north of Welburn Avenue as Rl District;
and
\nIEREAS, the Planning Commission of the City of Gilroy has
given due notice of a public hearing upon the said application, in
accordance with the Zoning Ordinance of the City of Gilroy, has held
the hearing, has approved a Negative Declaration under the California
Environmetltal Quality Act, has determined that the prezoning will
not have a significant adverse effect on the environment, and has
made its report to the Council of the City of Gilroy, in which it
recommended that prezoning be granted; and
WHEREAS, the Council of the City of Gilroy fixed the 21st day
of April, 1980, at the hour of 8:00 o'clock p.m. in the Council
Chambers in the City Hall at 7390 Rosanna Street, Gilroy, California,
as the time and place of hearing the said report and recommendation
upon the said application, and notice of the said hearing has been
given in accordance with the said Zoning Ordinance, and a public
hearing has now been held upon the application, at the time and place
fixed in the said notice, before the Council, and the Council having
duly considered the said application and the evidence presented, has
approved the Negative Declaration under the California Environmental
Quality Act, and having determined that the application for prezoning
should be denied in accordance with the following findings:
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RESOLUTION NO. 80-37
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1. Annexation and development of the subject parcel should
await overall solution of drainage problems, and run-off and flooding
problems in and downstream of the parcel, by construction of a flood
control and drainage channel to serve the entire area.
2. Granting prezoning at this time might mislead an owner or
developer into thinking that the City would consider development
prior to solution of the flooding problem.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Gilroy does hereby reject findings of the Planning Commission
and does hereby determine that the said application for prezoning be
and the same is hereby denied.
PASSED AND ADOPTED this 21st day of April, 1980, by the following
vote:
NOES:
ABSENT:
COUNCILMEMBERS: CUNNINGHAM, HUGHAN, LINK., PATE,
TAYLOR and GOODRICH
COUNCILMEMBERS : NONE
COUNCILMEMBERS: ALBERT
AYES:
APPROVED:
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Mayor
ATTEST:
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/-" City C erk
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RESOLUTION NO. 80-37
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I. SUSANNE E. STE INrl1'::TZ, City Clerk of the City of Gilroy.
do hereby certify that the attached Retlolution No. 80-37 1.' an
T
oricinttl resolution. duly adopted by the COWlc11 of the C1ty of
Gilroy lit a n~gular Ulceting of Baid COWlcil held on the 21st
duy of Apri 1 19~, af ~hlch meeting . quol"UlD ",a.
present.
ItJ WITNESS "JlIEREOF, I have hereunto aet my hand and affixo4
the Official ~eal of the City of Gilroy, this 2nd day of
May IlJ 80 .
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