Ordinance 2006-01ORDINANCE NO. 2006 -1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING APPLICATION Z 03 -04 TO PRE -ZONE TO RI (SINGLE -
FAMILY RESIDENTIAL) APPROXIMATELY 5.5 ACRES LOCATED AT
5875 AND 5885 MILLER AVENUE, WEST OF THE INTERSECTION OF
THOMAS, MILLER AND MESA ROADS, APNS 810-28-002,014 AND 015
WHEREAS, Chappell/Sargenti submitted application Z 03 -04 to amend the City of
Gilroy's Zoning Map to pre -zone to R1 (Single- Family Residential) approximately 5.5 acres at
5875 and 5885 Miller Avenue, west of the intersection of Thomas, Miller and Mesa roads, APNS
810 -28 -002, 014 and 015; which property currently lies within the County of Santa Clara
jurisdiction, and also submitted application A03 -01 for the Miller Avenue Reorganization to annex
the property into the City of Gilroy; and
WHEREAS, pursuant to California Government Code section 65859, a city may prezone
property in unincorporated territory to determine the zoning that will apply to that territory upon
annexation to the city, which zoning will become effective only upon annexation to the city; and
WHEREAS, the Planning Commission held a duly noticed public hearing on December 1,
2005, at which time the Planning Commission considered the public testimony, the Staff Report
dated November 22, 2005 ( "Staff Report"), and all other documentation related to application Z 03-
04, and recommended that the City Council certify the Final Environmental Impact Report ( "Final
EIR ") prepared for this project known as "Miller Avenue Reorganization A 03 -01"
(SCH #2005062176) dated November 21, 2005, and approve application Z 03 -04; and
WHEREAS, the City Council held a duly noticed public hearing on Z 03 -04 on December
19, 2005, at which time the City Council considered the public testimony, the Staff Report, a
follow -up staff report dated December 9, 2005, and other documentation related to application Z 03-
04; and
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WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "), the City
Council on December 19, 2005, certified the Final EIR, finding that (a) it was completed in
compliance with CEQA; that (b) the Final EIR was presented to the City Council and the City
Council reviewed and considered the information contained in the Final EIR prior to approval;
and that (c) the Final EIR reflects the independent judgment and analysis of the City; and
WHEREAS, on January 23, 2006, the City Council adopted Resolution No. 2006 -01, the
"CEQA Resolution," making the findings concerning each significant environmental effect of
the Project, adopting a statement of overriding considerations for those effects deemed
unavoidable, and adopting a Mitigation Monitoring Program for the mitigation measures set
forth in the Final EIR, all in conformance with CEQA; and
WHEREAS, the location and custodian of the documents or other materials which constitute
the record of proceedings upon which this ordinance is based is the office of the City Clerk.
SECTION I
NOW, THEREFORE, THE CITY FINDS THAT:
The proposed pre - zoning is consistent with the Gilroy General Plan because it conforms to
the land use designation for the property on the General Plan Map and is consistent with the intent
of the text, goals and policies of the General Plan.
The Project with the adopted mitigation measures will not be detrimental to the public
welfare or injurious to persons or property in the vicinity. For those effects that were partially
but not fully mitigated or were unavoidable, the benefits of the Project outweigh the remaining
unmitigated effects as specifically set forth in the CEQA Resolution.
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SECTION II
Based on the above findings, zoning application Z 02 -01 is hereby approved subject to
the mitigation measures set forth in the Final EIR as revised and fully described in the CEQA
Resolution, and to the Mitigation Monitoring Program set forth in the CEQA resolution.
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
any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared
unconstitutional.
SECTION IV
This Ordinance shall become effective thirty (30) days after its adoption, provided
however, that pursuant to California Government Code section 65859, this zoning shall take effect
only if, and upon the same date that the annexation of this property to the City of Gilroy takes effect.
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Ordinance No. 2006 -1
PASSED AND ADOPTED this 6th day of February, 2006, by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
TTEST,,
Rhonda Pellin, City Clerk
ARELLANO, BRACCO, CORREA,
GARTMAN, VALIQUETTE, VELASCO,
and PINHEIRO
NONE
NONE
APPROV
rt Pinheiro, Mayor
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Ordinance No. 2006 -1
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2006 -01 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
6th day of February, 2006, 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 21 st day of February, 2006.
City lerk of the City o Gilroy
(Seal)