Ordinance 1996-07I
ORDINANCE NO. 96 -7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY PRE - ZONING FROM COUNTY AGRICULTURAL
TO C3 -PUD (SHOPPING CENTER COMMERCIAL -
PLANNED UNIT DEVLEOPMENT) ON APPROXIMATELY 10
ACRES, Z 96 -03, APN 835 -04 -018
WHEREAS, Ninomiya Nursery Company ( "Applicant ") has
submitted Z 96 -03 requesting an amendment to the City of Gilroy's
Zoning Map so that certain property is pre -zoned from County
Agricultural to C3 -PUD (Shopping Center Commercial - Planned Unit
Development on approximately 10 acres; and
WHEREAS, the property affected by Z 96 -03 is located at
8620 San Ysidro Avenue, north of Leavesley Road, such land being
indicated on a map attached hereto as Exhibit "A" and incorporated
herein by reference; and
WHEREAS, a previous Environmental Impact Report ( "EIR ")
was prepared for this site (see USA 93 -01, USA 93 -02, GPA 93 -03 and
GPA 93 -04) and was certified by the City Council under General Plan
Amendment application GPA 93 -04 on September 6, 1994 with 32
mitigation measures and a Statement of Overriding Considerations
that addressed significant adverse impacts, which EIR and Statement
of Overriding Considerations applies to this project in accordance
with the California Environmental Quality Act ( "CEQA "); and
WHEREAS, the Planning Commission held a duly noticed
public hearing on Z 96 -03 on April 4, 1996, and after that hearing
voted to recommend approval of Z 96 -03; and
WHEREAS, the City Council held a duly noticed public
hearing on Z 96 -03 on April 22, 1996, at which public hearing the
City Council considered the project 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
1RPJQ06883.01 _ ] _ ORDINANCE NO. 96 -7
62-052404706002
r �
which this ordinance 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.
SECTION II
The City Council hereby finds that the EIR and Statement
of Overriding Considerations certified and adopted September 6,
1994 for GPA 93 -04 are supported by substantial evidence and apply
to this project, finding as follows:
1. The EIR has been prepared in accordance with CEQA
and reflects the independent judgment of the City; and
2. The City made a Statement of Overriding
Considerations with regard to three identified significant adverse
impacts.
SECTION III
A. Z 96 -03 should be and hereby is approved, subject to the
32 mitigation measures contained within the EIR adopted for GPA 93-
04.
B. The Zoning Map of the City of Gilroy is hereby amended
to pre -zone approximately 10 acres located at 8620 San Ysidro
Avenue, north of Leavesley Road, from County Agricultural to C3 -PUD
(Shopping Center Commercial - Planned Unit Development), APN 835 -04-
018, such property as is indicated in Exhibit "A ".
This ordinance shall take effect and be in full force
thirty days from and after its adoption and approval.
WJQ06883.01 -2- ORDINANCE NO. 96 -7
62- 052404706002
0
0
PASSED AND ADOPTED this 20th day of May, 1996 by the
following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON,
SPRINGER, VALDEZ, GAGE
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
.a�, j 1,
o' . F. Gage, Mayr
ATTES
usanne E. Steinmetz, City Cle
WA306663.01 _3_ ORDINANCE NO. 96 -7
62-052404706002
4
EXHIBIT A
t
�I
SITE MAP
FOR Z 95-03 & A/S 95 -34 (P U D)
T1 ✓'" Zi _d
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 96 -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 20th day of May , 19 96 ,
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 31st day of May
19 96.
City LClerk of Zthe City of Gilro
(Seal)