Ordinance 2005-21
ORDINANCE NO. 2005-21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING AN APPLICATION FOR A
CHANGE IN ZONING DESIGNATION FROM Al
(AGRICULTURAL) TO RI-PUD (SINGLE FAMILY
RESIDENTIAL - PLANNED UNIT DEVELOPMENT) ON AN
APPROXIMATELY TWO (2)-ACRE SITE LOCATED AT
THE TERMINUS OF FOXGLOVE COURT, AT THE
NORTHWEST CORNER OF SANTA TERESA BOULEVARD
AND THOMAS ROAD, APN 808-20-003
WHEREAS, The James Group (c/o James Suner) submitted application Z 05-03 to
change the zoning designation from Al (Agricultural) to RI-PUD (Single Family Residential -
Planned Unit Development) on an approximately two (2)-acre site located at the terminus of
Foxglove Court, at the northwest corner of Santa Teresa Boulevard and Thomas Road, APN 808-
20-003; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), this
project falls within a categorical exemption as set forth in State CEQA Guideline 15332 for in-
fill projects; and
WHEREAS, the Planning Commission held a duly noticed public hearing on September
1,2005, at which time the Planning Commission considered the public testimony, the staff report
dated August 25,2005 ("Staff Report"), and all other documentation related to application Z 05-
03, and recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on September 19, 2005,
at which time the City Council considered the public testimony, the Staff Report, a follow-up
staff report dated September 13, 2005, and other documentation related to application Z 05-
03; and
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Ordinance No. 2005-21
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:
The proposed rezoning is consistent overall with both 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.
There is no substantial evidence in the entire record that the project will cause any
significant environmental impacts.
The project will not be detrimental to the public welfare or lllJunous to persons or
property in the vicinity.
SECTION II
Based on the above findings, Zoning application Z 05-03 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. 2005-21
SECTION IV
This Ordinance shall become effective thirty (30) days after its adoption.
PASSED AND ADOPTED this 1 ih day of October, 2005, by the following vote:
AYES:
COUNCIL MEMBERS:
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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Ordinance No. 2005-21
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2005-21 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
17th day of October, 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 4th day of November, 2005.
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City Clerk of the City of Gilroy
(Seal)