Ordinance 2004-08
ORDINANCE NO. 2004-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING AN APPLICATION FOR A
CHANGE IN ZONING DESIGNATION FROM C3-PUD/PO-
PUD/R-4 (SHOPPING CENTER COMMERCIAL - PLANNED
UNIT DEVELOPMENT/PROFESSIONAL OFFICE
PLANNED UNIT DEVELOPMENT/HIGH DENSITY
RESIDENTIAL) TO C3/PO/R3-PUD (SHOPPING CENTER
COMMERCIAL/ PROFESSIONAL OFFICE/MEDIUM
DENSITY RESIDENTIAL PLANNED UNIT
DEVELOPMENT) ON APPROXIMATELY 13 ACRES
LOCATED AT THE SOUTHEAST CORNER OF WREN
AVENUE AND FIRST STREET, APNS 808-12-011, 026, 027,
028 AND 808-08-011
WHEREAS, applicant Oak Commons/O'Brien Group submitted application Z 03-14B to
change the zoning designation on property identified as APNs 808-l2-011, 026, 027, 028 and
808-08-011 from C3-PUD/PO-PUD/R-4 (Shopping Center Commercial - Planned Unit
Development/Professional Office - Planned Unit DevelopmentlHigh Density Residential) to
C3/PO/R3-PUD (Shopping Center Commercial! Professional Office/Medium Density
Residential - Planned Unit Development) on approximately 13 acres located at the southeast
corner of Wren Avenue and First Street; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City
Council on May 3, 2004, adopted a mitigated Negative Declaration for this project, attached
hereto as Exhibit A, finding that the Negative Declaration was completed in compliance with
CEQA, that it reflects the independent judgment of the City, and that there is no substantial
evidence in the record that the project as mitigated will have a significant effect on the
environment; and
WHEREAS, the Planning Commission held a duly noticed public hearing on April 2l,
2004, at which time the Planning Commission considered the public testimony, the Staff Report
dated April 9, 2004 ("Staff Report"), and all other documentation related to application Z 03-
14B, and recommended that the City Council approve said application; and
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Ordinance No. 2004-08
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, a Supplemental
Staff Report dated April 22, 2004, and all other documentation related to application Z 03-
14B; 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 substantially consistent with the City's General
Plan in that while it is only minimally non-conforming to the site's land use designation but
is clearly consistent with the intent ofthe General Plan's goals and policies.
B. There is no substantial evidence in the record that this project will cause any
unmitigated significant environmental impacts.
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 03-14B 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.
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Ordinance No. 2004-08
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 ih day of June, 2004, by the following vote
AYES: COUNCILMEMBERS:
CORREA, DILLON, MORALES,
V ALIQUETTE, VELASCO, and PINHEIRO
NOES: COUNCILMEMBERS:
GARTMAN
ABSENT: COUNCILMEMBERS:
NONE
APPROVED:
ATTEST:
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Rhonda Pellin, City Clerk
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Ordinance No. 2004-08
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2004-08 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)