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Ordinance 2006-13ORDINANCE NO. 2006 -13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING APPLICATION Z 05 -17 FOR A CHANGE IN ZONING DESIGNATION FROM R1 (SINGLE FAMILY RESIDENTIAL) TO RNPUD (MEDIUM DENSITY RESIDENTIAL /PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 1.45 ACRES LOCATED AT 9025 KERN AVENUE, NORTH OF MANTELLI DRIVE, APN 790 -04 -090 WHEREAS, The James Group submitted application Z 05 -17 to change the zoning designation from R1 (Single Family Residential) to R3/PUD (Medium Density Residential/Planned Unit Development) on approximately 1.45 acres located at 9025 Kern Avenue, north of Mantelli Drive, APN 790 -04 -090; and WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "), a Final Environmental Impact Report ( "EIR ") was prepared for the City of Gilroy General Plan Update and certified by the City Council on June 13, 2002, in compliance with CEQA; and the Council adopted CEQA findings and a Statement of Overriding Considerations in Resolution No. 2002- 41, and adopted a mitigation/monitoring program; and WHEREAS, pursuant to CEQA Guideline 15183, projects that are consistent with the development density in a general plan for which an EIR was certified do not need additional environmental review unless there is a project - specific impact, and the City has determined that zoning amendment Z 05 -17 is consistent with the General Plan Update, and that there are no impacts beyond those studied in the Final EIR for the Update; and WHEREAS, the Planning Commission held a duly noticed public hearing on April 6, 2006, at which time the Planning Commission considered the public testimony, the staff report 1GB01692383.1 050806 -04706089 Ordinance No. 2006 -13 dated March 27, 2006 ( "Staff Report"), and all other documentation related to application Z 05- 17, and recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public hearing on May 1, 2006, at which time the City Council considered the public testimony, the Staff Report, a follow -up Staff Report dated April 25, 2006, and other documentation related to application Z 05 -17; 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: The proposed rezoning is consistent with the intent of the goals and policies of the City's General Plan document, and marginally consistent with the land use designation on the General Plan map. There is no substantial evidence in the entire record that the project will cause specific impacts not studied and mitigated in the General Plan Update Final EIR. The 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 05 -17 is hereby approved subject to the mitigation measures and CEQA findings set forth in Resolution No. 2002 -41, and the mitigation monitoring program associated therewith. 1GB01692383.1 -2- 050806- 04706089 Ordinance No. 2006 -13 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. PASSED AND ADOPTED this 5`h day of June, 2006, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, and PMEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VELASCO APPROVED: Albert Pinheiro, Mayor ATTEST: onda Pellin, City Clerk IGB01692383.1 -3- 050806 -04706089 Ordinance No. 2006 -13 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2006 -13 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 5th day of June, 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 5th day of July, 2006. City Clerk of the City of Gilroy (Seal)