Ordinance 2005-09
ORDINANCE NO. 2005-09
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 FAMILY
RESIDENTIAL - PLANNED UNIT DEVELOPMENT) ON
APPROXIMATELY 1.16 ACRES LOCATED AT 7861 AND
7891 MILLER AVENUE, APN 808-13-009 AND -010
WHEREAS, applicant Neil Mussallem ("Applicant") submitted application Z 03-08 to
change the zoning designation on property identified as APNs 808-13-009 and -010 from R1
(Single Family Residential) to R1-PUD (Single Family Residential- Planned Unit Development)
on approximately 1.16 acres located at 7861 and 7891 Miller Avenue; 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 November
4, 2004, at which time the Planning Commission considered the public testimony, the Staff
Report dated October 26,2004 ("Staff Report"), and all other documentation related to
application Z 03-08 and denied the application determining that it would impact an established
neighborhood in a negative manner; and
WHEREAS, the Applicant appealed the Planning Commission decision to the City
Council, and a duly noticed public hearing was held on December 20, 2004, at which time the
City Council considered the public testimony, the Staff Report, and all other documentation
related to application Z 03-08; and
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Ordinance No. 2005-09
WHEREAS, the City Council determined that the Applicant should redesign the
proposed eight-unit residential development to be more in keeping with existing homes on Miller
Avenue, and continued the public hearing; and
WHEREAS, the Applicant redesigned the development to propose six single-family
residential parcels, with the front two parcels to have homes facing Miller Avenue to match the
other houses in this part of the street, with the setback for these homes to be more than 30 feet
from the property line and more than 40 feet from the street gutter, and with the houses on the
two middle parcels to be built as single-story houses with rear yard setbacks of at least 15 feet to
protect the privacy of properties on the north and south sides of the development; and
WHEREAS, the City Council considered the redesigned proposal and continued its
deliberation of zone change application Z 03-08 at a duly noticed public hearing on March 21,
2005, at which time the City Council considered the public testimony, the Staff Report, a follow-
up staff report dated March 15,2005, and all other documentation related to application Z 03-08,
and discussed more stringent conditions, such as additional homes to be built as single story and
access not to be taken directly from Miller Avenue; 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:
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Ordinance No. 2005-09
The proposed rezoning is 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.
SECTION II
Based on the above findings, the appeal of the Planning Commission decision on 203-08
is hereby granted, and zoning application 2 03-08 is hereby approved. In further discretionary
approvals required for the project, the development should conform to the Council's direction
regarding density, appearance from Miller Avenue and impact on adjacent neighbors.
SECTION III
If any section, subsection, subdivision, sentence, clause or phrase ofthis 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 ofthis
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.
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Ordinance No. 2005-09
PASSED AND ADOPTED this 2nd day of May, 2005, by the following vote:
AYES: COUNCILMEMBERS:
CORREA, MORALES, VELASCO, and PINHEIRO
DILLON, GARTMAN, and VALIQUETTE
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
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Rhonda Pellin, City Clerk
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Ordinance No. 2005-09
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2005-09 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
2nd day of May, 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 10th day of May, 2005.
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City Clerk of the City of Gilroy
(Seal)