Ordinance 1995-07ORDINANCE NO. 95 -7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY REZONING FROM Al (AGRICULTURAL) TO
R1 -PUD (SINGLE FAMILY RESIDENTIAL, PLANNED
UNIT DEVELOPMENT) ON APPROXIMATELY 9.06 ACRES,
APN'S 790 -05 -039.
WHEREAS, Gerard and Lambert, Inc. has submitted
application Z 95 -01, requesting an amendment to the City of Gilroy
Zoning Map to rezone approximately 9.06 acres located on the East
side of Santa Teresa and the easterly terminus of Longmeadow Drive
From Al (Agricultural) to R1 -PUD (Single Family Residential,
Planned Unit Development) and RH (Residential Hillside), APN 790-
05 -039, such property as is indicated on the map attached hereto
as Exhibit "A" and incorporated herein by this reference; and,
WHEREAS, the City has prepared and circulated an Initial
Study for GPA 91 -06, a project the scope of which encompasses this
project, in accordance with the California Environmental Quality
Act ( "CEQA "); and,
WHEREAS, following its independent review of the Initial
Study, the City circulated a Negative Declaration for GPA 91 -06
with 7 mitigation measures, and adopted the same on February 3,
1992, as having been completed in compliance with CEQA; and,
WHEREAS, the Planning Commission held a duly noticed
public hearing on Z 95 -01 on March 2, 1995, and after that hearing
unanimously voted to recommend approval of the project; and,
WHEREAS, this City Council held a duly noticed public
hearing on Z 95 -01 on March 27, 1995, at which public hearing 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,
ORDINANCE NO. 95- 7 -1-
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 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 is consistent with the intent of the
text, goals, and policies of the General Plan documents, because
it will not be detrimental to the public welfare or injurious to
person or property in the vicinity, and because potential
significant impacts can be mitigated to reduce them to an
acceptable level of impact.
SECTION II
The City Council hereby finds that the Negative
Declaration adopted for GPA 91 -06 applies to this project, finding
also as follows:
1. The Negative Declaration has been prepared in
accordance with CEQA and reflects the independent judgment of the
City; and,
2. There was no substantial evidence before the City
Council that the project as mitigated may have a significant effect
on the environment.
SECTION III
A. Z 95 -01 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
GPA 91 -06.
B. The Zoning Map of the City of Gilroy is hereby
amended to rezone approximately 9.06 acres located on the East side
of Santa Teresa and the easterly terminus of Longmeadow Drive
NO. 95- -2-
From Al (Agricultural) to R1 -PUD (Single Family Residential,
Planned Unit Development) and RH (Residential Hillside), APN 790-
05 -039, such property as is indicated in Exhibit A.
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 17th day of April, 1995, by the
following vote:
AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ, GAGE
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
APPRO ED:
"9
Donald F. Gage, Ma r
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LOCATION MAP FOR Z 95 -01
EXHIBIT A
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 95 -7 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 17th day of April 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 18th day of April
19 95
(Seal)