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Ordinance 2003-24 ORDINANCE NO. 2003-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN APPLICATION FOR A CHANGE IN ZONING DESIGNATION FROM Rl (SINGLE FAMILY RESIDENTIAL) TO Rl/PUD (SINGLE FAMILY RESIDENTIAL PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 1.9 ACRES ON THE WEST SIDE OF CHURCH STREET ACROSS FROM WOODWORTH WAY, APN 790-16-061 WHEREAS, Mark Hewell, the applicant, submitted application Z 03-02 to change the zoning designation on property identified as APN 790-16-061 Rl (Single Family Residential) to Rl/PUD (Single Family Residential Planned Unit Development) on approximately 1.9 acres located on the west side of Church Street across from Woodworth Way; and WHEREAS, the California Environmental Quality Act ("CEQA") provides a categorical exemption for infill development projects pursuant to CEQA Guidelines Section 15332, which applies to this project; and WHEREAS, the Planning Commission held a duly noticed public hearing on November 6, 2003, at which time the Planning Commission considered the public testimony, the Staff Report dated October 29, 2003 ("Staff Report"), and all other documentation related to application Z 03-02, and recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public hearing on November 17,2003, at which time the City Council considered the public testimony, the Staff Report, the Supplemental Staff Report dated November 7, 2003, and all other documentation related to application Z 03-02; 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. SECTION I NOW, THEREFORE, THE CITY COUNCIL FINDS THAT: IG801608675.1 01-112403-04706089 -1- Ordinance No. 2003-24 A. The proposed rezoning is substantially consistent with the General Plan land use designation and the intent of the goals and policies of the City's General Plan. B. Public utilities and infrastructure improvements needed in order to serve the proposed project are in close proximity to the project site. 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. SECTION II Based on the above findings, Zoning application Z 03-02 is hereby approved. 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 15th day of December, 2003 by the following vote: AYES: COUNCLLMEMBERS: CORREA, DILLON, MORALES, VALIQUETTE, and PINHEIRO GARTMAN, VELASCO, NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ~ . e inheirO~ Mayor ATT~L ..//j.. 1 ~'fU{A--lf::'L~..4-- Rhonda Pellin, City Clerk IG801608675.1 01-112403-04706089 -2- Ordinance No. 2003-24 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2003-24 is an original ordinance, or a true and correct copy of a city ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 15th day of December, 2003, at which meeting a quorum was present, and has been published or posted pursuant to law. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 29th day of December, 2003. Q' ~ ~', ,i W~(~, City Clerk of the City of Gilroy (Seal)