Ordinance 2004-16
ORDINANCE NO. 2004-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING AN APPLICATION FOR A CHANGE IN
ZONING DESIGNATION FROM Rl (SINGLE F AMIL Y
RESIDENTIAL) TO R3-PUD (MEDIUM DENSITY
RESIDENTIAL - PLANNED UNIT DEVELOPMENT) ON
APPROXIMATELY 1.25 ACRES AT 9035 KERN AVENUE, APN
790-04-081
WHEREAS, applicant Riverbend, LLC, c/o Michael Dorn, submitted application Z 02-12
to change the zoning designation on property identified as APN 790-04-081 from Rl (Single
Family Residential) to R3-PUD (Medium Density Residential -- Planned Unit Development),
"the Project," on approximately 1.25 acres located at 9035 Kern Avenue, and
WHEREAS, the California Environmental Quality Act ("CEQA") provides a categorical
exemption for in-fill development projects pursuant to CEQA Guidelines Section 15332, which
applies to this Project; and
WHEREAS, the City Council approved a request for a small project exemption from the
Residential Design Ordinance, specifically SPE 02-06, on September 2, 2003 for 12 single-
family patio home residential units; and
WHEREAS, the Planning Commission held duly noticed public hearings on June 3, 2004
and July 1, 2004, at which time the Planning Commission considered the public testimony, the
Staff Report dated May 21,2004 ("Staff Report"), the follow-up staff report dated June 14,2004,
and all other documentation related to application Z 02-12, and determined on July 1,2004 not to
recommend approval ofthe Project; and
WHEREAS, the City Council held a duly noticed public hearing on July 19, 2004, at
which time the City Council considered the public testimony, the Staff Report, the follow-up
staff report dated June 14, 2004, the staff report to the City Council dated July l2, 2004, and all
other documents related to the Project, including application Z 02-12; and
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Ordinance No. 2004-16
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 site's land use designation on
the General Plan map.
B. The proposed zone change is generally consistent with the surrounding uses
and densities.
C. The proposed rezoning is consistent with the intent of the City's General
Plan text.
D. The proposed zone change will not be detrimental to the public welfare or
injurious to persons or property in the vicinity
E. There is no substantial evidence III the record that there will be any
significant environmental impacts as a result of this rezoning.
SECTION II
Based on the above findings, zoning application Z 02-12 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. 2004-16
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 September, 2004, by the following:
AYES: COUNCILMEMBERS:
CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO,
and PINHEIRO
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
ATT~S~:~- .. :7 ~ ,
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Rhonda Pellin, City Clerk
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Ordinance No. 2004-16
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2004-16 is an original ordinance, or a true and correct copy ofa 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 September, 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 22nd day of September, 2004.
J~ :1
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City Clerk of the City of Gilroy
(Seal)