Ordinance 2006-16ORDINANCE NO. 2006-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING APPLICATION Z 05 -16 FOR A
CHANGE IN ZONING DESIGNATION FROM R1 (SINGLE
FAMILY RESIDENTIAL) TO RI -PUD (SINGLE FAMILY
RESIDENTIAL- PLANNED UNIT DEVELOPMENT) ON
APPROXIMATELY 0.85 ACRES LOCATED AT 9050
CHURCH STREET, APN 790 -14 -097
WHEREAS, Hewell and Sheedy, Inc. submitted application Z 05 -16 to change the
zoning designation from R1 (Single Family Residential) to R1 -PUD (Single Family Residential-
Planned Unit Development) on approximately 0.85 acres located at 9050 Church Street, APN
790 -14 -097; and
WHEREAS, the California Environmental Quality Act ( "CEQA ") provides a categorical
exemption for in -fill 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 June 1,
2006, at which time the Planning Commission considered the public testimony, the staff report
dated May 23, 2006 ( "Staff Report"), and all other documentation related to application Z 05 -16,
and recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on June 19, 2006, at
which time the City Council considered the public testimony, the Staff Report, a follow -up staff
report dated June 6, 2006, and all other documentation related to application Z 05 -16; 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. 2006 -16
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, and with the land use designation on the General Plan Land Use map.
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 injurious to persons or
property in the vicinity.
SECTION II
Based on the above findings, Zoning application Z 05 -16 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
any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared
unconstitutional.
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Ordinance No. 2006 -16
SECTION IV
This Ordinance shall become effective thirty (30) days after its adoption.
PASSED AND ADOPTED this 7th day of August, 2006, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, CORREA, GARTMAN,
VALIQUETTE, VELASCO, and BRACCO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: PMEIRO
APPROVED:
Dion Bracco, Mayor Pro Tempore
ATTES
i
Rhonda Pellin, City Clerk
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Ordinance No. 2006 -16
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2006 -16 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
7th day of August, 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 September, 2006.
Cit Clerk of the City of Gilroy
(Seal)