Ordinance 2002-15ORDINANCE NO. 2002-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING AN APPLICATION FOR A CHANGE IN
ZONING DESIGNATION FROM Ri (SINGLE FAMILY
RESIDENTIAL) TO Ri-PUD (SINGLE FAMILY RESIDENTIAL-
PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 2
ACRES, APN 790-08-005
WHEREAS, James Kennedy, the applicant, submitted application Z 02-04 to change the
zoning designation on property identified as APN 790-08-005 from R1 (Single Family Residential)
to R1-PUD (Single Family Residential-Planned Unit Development), consisting of approximately 2
acres, located on Church Street, one lot north of Farrell Avenue; and
WHEREAS, the California Environmental Quality Act (CEQA) provides a categorical
exemption for infill development projects pursuant to CEQA Guideline Section 15332, which
applies to this project; and
WHEREAS, the Planning Commission held a duly noticed public hearing on July 11, 2002,
at which time the Planning Commission considered the public testimony, the Staff Report dated
Revised July 8, 2002 ("Staff Report"), and all other documentation related to application Z 02-04,
and recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on July 15, 2002, at which
time the City Council considered the public testimony, the Staff Report, and all other
documentation related to application Z 02-04; 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 existing adjacent and neighboring
residences, as well as the residential character of the neighborhood.
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01-073002-04706002 Ordinance No. 2002-15
C. There is no substantial evidence in the record that this project will cause any
significant environmental impacts.
D. This project will not be detrimental to the public welfare or injurious to persons
or property in the vicinity.
Based on the above findings, Zoning application Z 02-04 is hereby approved.
SECTION II
If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for
any mason held to be unconstitutional or otherwise void or invalid by any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have passed this Ordinance and each section,
subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that any one or
mom sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional.
SECTION III
This Ordinance shall be in full force and effect thirty (30) days after the date of its passage
and adoption.
PASSED AND ADOPTED this 3rd day of September, 2002, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Rhoflda Pellin, City Clerk
ARELLANO, DH J.AN,
MORAl.ES, PINHJEIRO,
SPRINGER
NONE
NONE
APPROVED:
Thomas W. Springer, M~'--'~'~
GARTMAN,
VELASCO and
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01-073002-04706002 Ordinance No. 2002-15
I, RHONDA PELL1N, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2002-15 is an original ordinance, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 3rd day of September, 2002, at which meeting a
quorum was present.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 25th day of September, 2002.
City Cherk of the City of Gilroy
(Seat)