Ordinance 2005-04
ORDINANCE NO. 2005-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING AN APPLICATION FOR A
CHANGE IN ZONING DESIGNATION FROM C2
(CENTRAL COMMERCIAL DISTRICT) TO C2-PUD
(CENTRAL COMMERCIAL DISTRICT - PLANNED UNIT
DEVELOPMENT) ON APPROXIMATELY 0.37 ACRES
LOCATED AT 7031 MONTEREY STREET, BETWEEN
NINTH AND TENTH STREETS, APN 799-11-031
WHEREAS, applicant Shirley Lulevitt, submitted application Z 04-12 to change the
zoning designation on property identified as APN 799-11-031 from C2 (Central Commercial
District) to C2-PUD (Central Commercial District - Planned Unit Development) on
approximately 0.37 acres located at 7031 Monterey Street, between Ninth and Tenth Streets; 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 February 3,
2005, at which time the Planning Commission considered the public testimony, the Staff Report
dated Revised January 31, 2005 ("Staff Report"), and all other documentation related to
application Z 04-12; and
WHEREAS, the City Council held a duly noticed public hearing on February 22, 2005, at
which time the City Council considered the public testimony, the Staff Report, a follow-up staff
report dated February 9,2005, and all other documentation related to application Z 04-12; 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.
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Ordinance No. 2005-04
SECTION I
NOW, THEREFORE, THE CITY COUNCIL FINDS THAT:
The proposed rezoning is substantially consistent with the land use designation on the
City's General Plan Map and with the intent of the goals and policies of the General Plan
document.
This project will not be detrimental to the public welfare or injurious to persons or
property in the vicinity.
There is no substantial evidence in the entire record that this project will cause any
significant environmental impacts.
The PUD Combining District will allow the project diversification in the relationships of
buildings, structures, and open spaces in building groups which is the true intent for a PUD
Combining District.
SECTION II
Based on the above findings, Zoning application Z 03-10 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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01-022405-04706089
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Ordinance No. 2005-04
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 21st day of March, 2005, 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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Rhonda Pellin, City Clerk
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01-022405-04706089
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Ordinance No. 2005-04
I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached
Ordinance No. 2005-04 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
21st day of March, 2005, 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 31st day of March, 2005.
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City lerk of the City of Gilroy
(Seal)