Ordinance 2004-02
ORDINANCE NO. 2004-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING AN APPLICATION FOR A CHANGE IN
ZONING DESIGNATION FROM R2 (TWO F AMIL Y
RESIDENTIAL) TO R2-PUD (TWO-FAMILY RESIDENTIAL-
PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY
3.74 ACRES, LOCATED AT 240 FARRELL AVENUE, APN 790-
12-016
WHEREAS, James Suner, the applicant, submitted application Z 03-16 to change the
zoning designation on property identified as APN 790-12-016 R2 (Two-Family Residential) to
R2/PUD (Two-Family Residential -- Planned Unit Development) on approximately 3.74 acres
located at 240 Farrell Avenue; 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 January 8,
2004, at which time the Planning Commission considered the public testimony, the Staff Report
dated December 18, 2003, ("Staff Report"), and all other documentation related to application
Z 03-16, and recommended unanimously that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on January 13, 2004, at
which time the City Council considered the public testimony, the Staff Report, and all other
documentation related to application Z 03-16; 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:
A. The proposed rezoning is consistent with the General Plan land use
designation and the intent of the goals and policies ofthe City's General Plan.
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Ordinance No. 2004-02
B. This project will not be detrimental to the public welfare or injurious to
persons or property in the vicinity.
C. There is no substantial evidence in the record that this project will cause any
significant environmental impacts.
SECTION II
Based on the above findings, Zoning application Z 03-02 is hereby approved.
SECTION III
If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for
any reason 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
anyone or more sections, subsections, subdivisions, sentences, clauses or phrases be declared
unconstitutional.
SECTION IV
This Ordinance shall be in full force and effect thirty (30) days after the date of its
passage and adoption.
PASSED AND ADOPTED this 17th day of February, 2004 by the following vote:
AYES:
COUNCILMEMBERS:
CORREA,
MORALES,
PINHEIRO
DILLON, GARTMAN,
VALIQUETTE, and
NOES: COUNCILMEMBERS:
VELASCO
ABSENT: COUNCILMEMBERS:
NONE
~~^~,
Rhonda Pellin, City Clerk
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Ordinance No. 2004-02
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached
Ordinance No. 2004-02 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
17th day of February, 2004, 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 9th day of March, 2004.
~.~
City Clerk of the City of Gilroy
(Seal)