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Resolution 1981-21 ~ . . ~ RESOLUTION NO. 81-21 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DENYING THE APPLICATION OF LLOYD MARTIN TO REZONE A 4.3 ACRE PARCEL ON THE EAST SIDE OF KERN AVENUE NORTH OF RAMONA WAY FROM Rl DISTRICT TO R3 DISTRICTo WHEREAS, the application has heretofore been made by LLOYD MARTIN to the Planning Commission of the City of Gilroy for rezoning a 4.3 acre parcel on the East side of Kern Avenue North of Ramona Way from Rl District to R3 District, and WHEREAS, 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 Environmental Quality Act, has determined that the re- zoning will not have a significant adverse effect on the environ- ment, and has made its report to the Council of the City of Gilroy, in which it recommended that rezoning be granted; and WHEREAS, the Council of the City of Gilroy fixed the 16th day of March, 1981, at the hour of 8:00 o'clock p.m. in the Council Chambers in the City Hall at 7351 Rosanna Street, Gilroy, California, as the time and place for 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 has determined that the application for rezoning should be denied in accordance with the following findings: 1. Substantial flooding problems exist in the areao 2. Development is not possible until a satisfactory drain- age plan is developed for the entire area. RESOLUTION NO. 81-21 -1- . . .., , 3. It would be misleading to rezone property in the area and to appear to encourage development planning until drainage and flooding problems are solvedo 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 rezoning be and the same is hereby denied without prejudice. PASSED AND ADOPTED this 16th day of March, 1981, by the following vote: AYES: COUNCILMEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCILMEMBERS: NONE COUNCILMEMBERS: CUNNINGHAM ABSENT: APPROVED: ~~~ ayor ATTEST: RESOLUTION NO. 81-21 -2- . . I, SIISAI~NE E. STE HHn:TZ, City Clerk of the City of Gilroy. do hereby cel~tify thaL the attached Reuolution No. 81-21 1 fJ an orieinltl resolution, July udopttjd by the Council of tho City of GilrdY lit d .n~f,lllar meeting of said Council held on the 16th dHY of r~arch 1 () ~. u f.. ..."h i eh me e t tng II quo rum \...ll D pr~~8~nt . , ItJ WIT~IESS ~nIEREOF, 1 have hereunto set my hand a.nd affbrod the Official Seal of the City of Gilroy, thla 18th day 0 t March 11) 81 . ..