Loading...
Ordinance 1996-15ORDINANCE NO. 96 -15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REZONING CERTAIN PROPERTY FROM Al (AGRICULTURE) TO C3 -PUD (SHOPPING CENTER COMMERCIAL - PLANNED UNIT DEVELOPMENT ON APPROXIMATELY 5 ACRES, APN 835 -04 -019, Z 96- 05. WHEREAS, MH Engineering Co. and Greg Mussallem ( "applicants ") have submitted Z 96 -05 requesting an amendment to the City of Gilroy's Zoning Map to rezone approximately 5 acres of property from Al (Agriculture) to C3 -PUD (Shopping Center Commercial- Planned Unit Development); and WHEREAS, the property affected by Z 96 -05 is located at 8690 San Ysidro Avenue, north of Leavesley Road, such land being indicated on a map attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, a previous Environmental Impact Report was prepared for this site which was certified under General Plan Amendment application GPA 93 -04 on September 6, 1994, which included 32 mitigation measures, a mitigation monitoring program and a Statement of Overriding Considerations; and WHEREAS, the site had been designated for light industrial uses (Industrial Park) until March 27, 1995, when the General Plan designation of this parcel was changed to General Services Commercial; and WHEREAS, Appendix G of the General Plan indicates that C3 is an acceptable zoning district for areas which are designated General services Commercial on the General Plan; and WHEREAS, the Planning Commission held a duly noticed public hearing on Z 96 -05 on June 6, 1996, and after that hearing voted to recommend to recommend denial of the proposed rezoning; and \RPJ1312663.01 _]_ ORDINANCE NO. 96 -15 62- 080604706002 9 • WHEREAS, the City Council held a duly noticed public hearing on Z 96 -05 on July 1, 1996; and WHEREAS, the City Council at its duly noticed meeting of July 1, 1996, reviewed and considered the proposed rezoning, along with staff reports, public testimony, and documentation and other evidence included in the record of hearings on the project 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 adopted an Environmental Impact Report for this site on September 6, 1994, with a Statement of Overriding Considerations and 32 mitigation measures and a mitigation monitoring program, which was prepared by in accordance with the California Environmental Quality Act and that reflects the independent judgment of the City. SECTION III A. Z 96 -05 should be and hereby is approved, subject to the mitigation measures and mitigation monitoring program set forth in the Environmental Impact Report certified under General Plan Amendment application GPA 94 -03. B. The Zoning Map of the City of Gilroy is hereby amended to rezone approximately 5 acres pursuant to Z 96 -05 from Al (Agriculture) to C3 -PUD (Shopping Center Commercial - Planned Unit Development), such property as is located at 8690 San Ysidro Avenue, north of Leavesley Road, such land as is known as APN 835- 04 -019, indicated on Exhibit A attached hereto. 1RPJ%31266.01 _2_ ORDINANCE NO. 96 -15 62-080604706002 SECTION IV This ordinance shall take effect and be in full force thirty days from and after its adoption and approval. PASSED AND AD following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: OPTED this 5`" day of August, 1996 by the GILROY, MORALES, ROWLISON, SPRINGER, VALDEZ, GAGE NONE ROGERS APPROVED: x �� D(Tnald F. Gage, � a f6 1RPJQ1266801 _3_ ORDINANCE NO. 96 -15 62- 080604706002 I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 96 -15 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 5th day of August , 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 8th day of August 19 96. ity Clerk of the-City of Gilroy (Seal)