Ordinance 2004-07
ORDINANCE NO. 2004-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING AN APPLlCA nON FOR A CHANGE IN
ZONING DESIGNATION FROM R2/R3/C3 (TWO-FAMILY
RESIDENTIAL/MEDIUM DENSITY RESIDENTIAL/SHOPPING
CENTER COMMERCIAL) TO R2/R3/C3-PUD (TWO-FAMILY
RESIDENTIAL/MEDIUM DENSITY RESIDENTIAL/SHOPPING
CENTER COMMERCIAL - PLANNED UNIT DEVELOPMENT)
ON APPROXIMATELY 14.47 ACRES LOCATED ON THE
NORTH SIDE OF CYPRESS COURT, WEST OF JUNIPER
DRIVE, APNS 808-01-012,015 AND 808-02-033
WHEREAS, applicant Orchard Valley Communities submitted application Z 03-14A to
change the zoning designation on property identified as APNs 808-01-012, 015 and 808-02-033
from R2/R3/C3 (Two-Family Residential/Medium Density Residential/Shopping Center
Commercial)
to
R2/R3/C3-PUD
(Two-Family
Residential/Medium
Density
Residential/Shopping Center Commercial- Planned Unit Development) on approximately 14.47
acres located on the north side of Cypress Court, west of Juniper Drive; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), a Final
Environmental Impact Report ("EIR") was prepared for the City of Gilroy General Plan Update
and certified by the City Council on June 13, 2002 in compliance with CEQA; and the Council
adopted CEQA findings and a Statement of Overriding Considerations in Resolution No. 2002-
41, and adopted a mitigation/monitoring program; and
WHEREAS, pursuant to CEQA, California Public Resources Code section 21093, the
City has determined that zoning amendment Z 03-14A is consistent with the Final EIR for the
General Plan Update; and
WHEREAS, the Planning Commission held a duly noticed public hearing on February 5,
2004, at which time the Planning Commission considered the public testimony, the Staff Report
dated January 28,2004 ("Staff Report"), and all other documentation related to application Z 03-
14A, and recommended that the City Council approve said application; and
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Ordinance No. 2004-07
WHEREAS, the City Council held a duly noticed public hearing on May 3, 2004, at
which time the City Council considered the public testimony, the Staff Report, Supplemental
Staff Reports dated February 24,2004, March 12,2004, April 12, 2004, and April 23, 2004, and
all other documentation related to application Z 03-14A; 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 land use designation and the
intent of the goals and policies of the City's General Plan.
B. There is no substantial evidence in the record that this project will cause any
additional significant environmental impacts beyond that identified and mitigated in the
Final EIR for the General Plan Update.
B. 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-l4A is hereby approved subject to the
Mitigation Measures and Monitoring Program set forth in CEQA Resolution No. 2002-41, and
subject to the condition that the applicant obtain architectural and site approvals for each phase of
the project.
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
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Ordinance No. 2004-07
anyone or more sections, subsections, subdivisions, sentences, clauses or phrases be declared
unconstitu ti onal.
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 7th day of June, 2004, by the following vote:
AYES: COUNCILMEMBERS:
CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO and
PINHEIRO
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
APPROVED:
ATTEST:
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Rh'Onda Pellin, City Clerk
IGB01623631.1 -3-
01-051004-04706089
Ordinance No. 2004-07
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached
Ordinance No. 2004-07 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
7th day of June, 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 29th day of June, 2004.
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City clerk of the City of Gilroy
(Seal)