Ordinance 1995-170 0
ORDINANCE NO. 95 -17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY REZONING FROM R3 (MEDIUM DENSITY
RESIDENTIAL) TO R3 -PUD (MEDIUM DENSITY RESI-
DENTIAL - PLANNED UNIT DEVELOPMENT) ON APPROX-
IMATELY 1.2 ACRES, APNS 790 -16 -015, -016.
WHEREAS, Mark Hewell ( "applicant ") has submitted Z 95-
04, requesting an amendment to the City of Gilroy's Zoning Map to
rezone property including approximately 1.2 acres; and
WHEREAS, the applicant has requested that APNs 790 -16-
015 and 790 -16 -016 be rezoned from R3 (Medium Density Residential)
to R3 -PUD (Medium Density Residential - Planned Unit Development);
and
WHEREAS, the property affected by Z 95 -04 is located on
the west side of Church Street, between Woodworth Way and Liman
Avenue; and
WHEREAS, an Initial Study was prepared and the City
Council adopted a Negative Declaration with 7 mitigation measures
on December 16, 1991, which is applicable to this project in
accordance with the California Environmental Quality Act (CEQA) ,
which Negative Declaration is attached hereto as Exhibit A and
incorporated herein as if set forth in full; and
WHEREAS, the Planning Commission held a duly noticed
public hearing on Z 95 -04 on October 5, 1995, and after that
hearing voted to recommend approval of the project; and
WHEREAS, the City Council held a duly noticed public
hearing on October 16, 1995, at which public hearing the City
Council considered the project and the conditions proposed to be
attached to its approval along with staff reports, public testimo-
ny, and documentation or other evidence on the project and voted
to approve the project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY
DOES HEREBY ORDAIN AS FOLLOWS:
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55- 112204706002 -1- ORDINANCE NO. 95 -17
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 hereby adopts the Negative Declaration
for this project and thereby adopts the mitigation measures and the
mitigation monitoring program contained therein, finding as
follows:
1. The Negative Declaration has been prepared in
accordance with CEQA and reflects the independent judgment of the
City.
2. There was no substantial evidence before the City
Council that the project as mitigated may have a significant impact
on the environment.
SECTION III
A. Z 95 -04 should be and hereby is approved, subject to
the mitigation measures and mitigation monitoring program approved
and adopted for this project.
B. The Zoning Map of the City of Gilroy is hereby
amended to rezone approximately 1.2 acres so that APNs 790 -16 -015
and 790 -16 -016 are rezoned from R3 (Medium Density Residential) to
R3 -PUD (Medium Density Residential - Planned Unit Development), such
property as is located on the west side of Church Street, between
Woodworth Way and Liman Avenue.
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 20th day of November, 1995 by the
following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLINSON,
VALDEZ and GAGE.
NOES: COUNCILMEMBERS: None
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55- 112204706002 -2- ORDINANCE NO. 95 -17
0 0
ABSENT: COUNCILMEMBERS: KLOECKER
APPROV D:
Donald F. Gage, Ma r
ATTEST:
Susanne E. Stei etz, City Cler
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55- 112204706002 -3- ORDINANCE NO. 95 -17
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 95 -17 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 20th day of November 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 7th day of December
19 95
�liEJG.ym¢J
City Clerk of the City of Gilroy
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