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Ordinance 2004-05 ORDINANCE NO. 2004-05 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 RI-PUD (SINGLE FAMILY RESIDENTIAL - PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 1 ACRE AT 8810 KERN AVENUE, APN 790-19-089 WHEREAS, applicant Redline Corporation submitted application Z 04-01 to change the zoning designation on property identified as APN 790-19-089 from Rl (Single Family Residential) to RI-PUD (Single Family Residential Planned -- Unit Development); 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 March 4, 2004, at which time the Planning Commission considered the public testimony, the Staff Report dated February 26, 2004 ("Staff Report"), and all other documentation related to application Z 04-01, and recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public hearing on March 15, 2004, at which time the City Council considered the public testimony, the Staff Report, a Supplemental Staff Report dated March 9, 2004, and all other documentation related to application Z 04- 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. SECTION I NOW, THEREFORE, THE CITY COUNCIL FINDS THAT: A. The proposed rezoning is considered to be consistent with the land use IGB0\619852.1 033004-04706089 -1- Ordinance No. 2004-05 designation and the intent of the goals and policies ofthe City's General Plan. B. Public utilities and infrastructure improvements needed in order to serve the proposed project are in close proximity. 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 04-01 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 19th day of April, 2004, by the following: AYES: COUNCILMEMBERS: CORREA, DILLON, MORALES, VALIQUETTE and PINHEIRO COUNCILMEMBERS: GARTMAN and VELASCO NOES: ABSENT: COUNCILMEMBERS: NONE IGB01619852.1 033004-04706089 -2- Ordinance No. 2004-05 IGB01619852.1 033004-04706089 APPROVED: ~-- ~ . e Pinheiro, Mayor -3- Ordinance No. 2004-05 I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached Ordinance No. 2004-05 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 19th day of April, 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 30th day of April, 2004. ~g2~~,^_ City Clerk of the City of Gilroy (Seal)