Ordinance 2001-05ORDINANCE NO. 2001-5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING AN APPLICATION FOR A CHANGE IN
ZONING DESIGNATION FROM A1 (AGRICULTURAL) TO R1
(SINGLE FAMILY RESIDENT]AL) ON APPROXIMATELY 3.72
ACRES, APN 790-16-048.
WHEREAS, Sherrell Kirk, the applicant, submitted application Z 01-01 to change the
zoning designation on property identified as APN 790-16-048 from A1 (Agricultural) to R1 (Single
Family Residential), consisting of approximately 3.72 acres; and located on the northwest comer of
Ronan Avenue and Taos Way; and
WHEREAS, CEQA provides a categorical exemption, which applies to this request: Class
32, Sections 15332; "Infill Development Projects"; and
WHEREAS, the Planning Commission reviewed application Z 01-01 at a duly noticed
public heating on March 15, 2001, and recommended that the City Council approve said
application; and
WHEREAS, the City Council held a duly noticed public heating on March 19, 2001, at
which time the City Council considered the public test'unony, the Staff Report dated February 29,
2001, and all other documentation related to application Z 01-01; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this project approval is based is the office of the
City Clerk.
NOW, THEREFORE, THE CITY COUNCIL FINDS THAT:
A. The proposed rezoning is consistent with the General Plan Land Use
Designation and the intent of the goals and policies of the City's General Plan
document.
B. The residential use is consistent with the exist'rog adjacent and neighboring
residences, as well as the residential character of the neighborhood.
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03~32304706002
C. There will be no significant environmental impacts as a result of this project.
D. This project will not be detrimental to the public welfare or injurious to persons
or property in the vicinity.
Application Z 01-01 should be and hereby is approved, subject to the following condition:
The developer and/or applicant, or its successor in interest, for any residential
project that receives an exemption from the Residential Development Ordinance
pursuant to Gilroy Zoning Code Section 50.60 et seq., shall agree in writing (on a
performance agreement form provided by the City Administrator), within 60 days
from this approval, to a set of performance and project standards. These standards
shall include, without limitation, specific dates (as early as reasonable) required
for submittal of complete applications for the next approvals to be obtained
following the execution of the performance agreement by the City and the
applicant.
PASSED AND ADOPTED this 16th day of April, 2001 by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
G. ARELLANO, P. ARELLANO,
MORALES, PINHEIRO, SUDOL,
VELASCO, SPRINGER
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
APPROVED:
Thomas W. Springer['t~ayor
ATT.~/,:
Rhorida Pellin, City Clerk
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03~32304706002
1, RHONDA PELL1N, City Clerk of the City of Gilroy, do hereby certifiy that the attached
Ordinance No. 2001-5 is an original ordinance, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 16th day of April, 2001, 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 19th day of April, 2001.
(Seal)