Ordinance 1995-05ORDINANCE NO. 95 -5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY REZONING FROM THE M1 (LIMITED
INDUSTRIAL) AND OS (OPEN SPACE) ZONING
DISTRICTS TO THE CM -PUD (COMMERCIAL
INDUSTRIAL, PLANNED UNIT DEVELOPMENT), ON
APPROXIMATELY 14.78 ACRES FRONTING THE EAST
SIDE OF MONTEREY STREET AT THE MONTEREY STREET
FREEWAY INTERCHANGE; AND BACKING TO THE
SOUTHERN PACIFIC RAILWAY RIGHT -OF -WAY, APN
841 -14 -067 AND A PORTION OF AN ADJACENT
CALTRANS RIGHT -OF -WAY.
WHEREAS, MVW Partners have submitted application Z 92-
07, requesting an amendment to the City of Gilroy Zoning Map to
rezone approximately 14.78 acres fronting the east side of Monterey
Street at the Monterey Street Freeway Interchange, and backing to
the Southern Pacific railway right -of -way, from the M1 (Limited
Industrial) and OS (Open Space) Zoning districts to the CM -PUD
(Commercial Industrial, Planned Unit Development), APN 841 -14 -067
and a portion of an adjacent Caltrans right -of -way; and,
WHEREAS, the subject rezoning would enable development
of a truck stop complex under a planned unit development design
review; and,
WHEREAS, the City has prepared and circulated in
accordance with the California Environmental Quality Act ( "CEQA ")
an expanded Initial Study for GPA 94 -02, a project the
environmental review of which encompasses this project; and,
WHEREAS, following its independent review of the expanded
initial study, the City prepared and circulated a Negative
Declaration for GPA 94 -02 with 23 mitigation measures; and,
WHEREAS, the Planning Commission held a duly noticed
public hearing on Z 92 -07 on January 5, 1994, and after that
hearing voted to recpmmend approval of the project; and,
WHEREAS, this 'City Council held a duly noticed public
hearing on Z 92 -07 on January 17, 1994, at which public hearing
ORDINANCE NO. 95 -5 -1-
the Council considered the project, proposed conditions and
mitigation measures and mitigation monitoring program and, based
upon substantial evidence produced both in writing and orally,
resolved that the project should be approved with conditions; and,
WHEREAS, the location and custodian of the documents or
other material which constitute the record of proceedings upon
which this resolution is based is the Office of the Gilroy City
Clerk.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I
The project is consistent with the Gilroy General Plan
because it conforms to the land use designation for the property
on the General Plan Map, and it is consistent with the intent of
the text, goals, and policies of the General Plan documents.
SECTION II
The City Council finds that the environmental review for
GPA 94 -02 encompasses Z 92 -07, and hereby adopts for Z 92 -07 the
Negative Declaration and mitigation monitoring program adopted for
C��Si�II�Y7�
SECTION III
A. Z 92 -07 should be and hereby is approved, subject
to the mitigation measures contained within and the mitigation
monitoring program attached to the Negative Declaration adopted for
Ce73:LiQ�Y�1
B. The Zoning Map of the City of Gilroy is hereby
amended to rezone approximately 14.78 acres fronting the east side
of Monterey Street at the Monterey Street Freeway Interchange, and
backing to the Southern Pacific railway right -of -way, from the M1
(Limited Industrial) and OS (Open Space) zoning districts to the
CM -PUD (Commercial Industrial, Planned Unit Development) , APN 841-
14 -067 and a portion of an adjacent Caltrans right -of -way.
NO. 95 -5 -2-
SECTION IV
This Ordinance shall take effect and be in full force
thirty days from and after its adoption and approval.
PASSED AND ADOPTED this 21stday of February, 1995,by the
following vote:
AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ, GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED: 1
Donald F. Gage, a or
ATTES
usanne E. Steinmetz, City C
ORDINANCE NO. 95 -5 -3-
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 95 -5 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 21st day of February 19 95,
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 27th day of February
19 95
City Clerk of the City of Gilro
(Seal)