Ordinance 2004-21
ORDINANCE NO. 2004-21
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
F AMIL Y RESIDENTIAL PLANNED UNIT
DEVELOPMENT) ON AN APPROXIMATELY 0.61
ACRE PARCEL LOCATED AT 8531 AND 8541
WAYLAND LANE, APNS 790-26-002, 003
WHEREAS, Chris Cote, the applicant, submitted application Z 04-11 to change
the zoning designation from Rl (Single Family Residential) to RI-PUD (Single Family
Residential - Planned Unit Development) on an approximately 0.61 acre parcel located at
8531 and 8541 Wayland Lane, APNs 790-26-002, 003; and
WHEREAS, the California Environmental Quality Act ("CEQA") provides a
categorical exemption for infill development projects pursua~t to CEQA Guidelines
Section 15332, which applies to this project; and
WHEREAS, the Planning Commission held duly noticed public hearings on
October 7, 2004, and November 4, 2004, at which time the Planning Commission
considered the public testimony, the staff report dated Revised October 26, 2004 ("Staff
Report"), and all other documentation related to application Z 04-11, and recommended
that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on November
15, 2004, at which time the City Council considered the public testimony, the Staff
Report, a supplemental staff report dated November 8, 2004, and all other documentation
related to application Z 04-11; 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.
IGB01642668.1
01-112904-04706089
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Ordinance No. 2004-21
SECTION I
NOW, THEREFORE, THE CITY COUNCIL FINDS THAT:
A. The proposed rezoning is substantially consistent with the Gilroy
General Plan land use designation and the intent of the City's General Plan text.
B. Public utilities and infrastructure improvements needed in order to
serve the proposed project are in close proximity to the project site.
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 04-11 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 20th day of December, 2004 by the following:
IGB01642668.1
01-112904-04706089
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Ordinance No. 2004-21
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
A TTEj?_i .~)
~t4A U~,L{~~
Rhonda Pellin, City Clerk
\GBO\642668.1
01-112904-04706089
CORREA, DILLON, GARTMAN,
MORALES, V ALlQUETTE,
VELASCO and PINHEIRO
NONE
NONE
APPROVED:
~.MaYor
-3-
Ordinance No. 2004-21
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2004-21 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
20th day of December, 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 27th day of December, 2004.
~ <J
.. IYU~ (~.e/~.{~l
City Clerk of the City of Gilroy
(Seal)