Ordinance 2007-01
ORDINANCE NO. 2007-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING APPLICATION Z 06-12 FOR A
CHANGE IN ZONING DESIGNATION FROM R3 (MEDIUM
DENSITY RESIDENTIAL) TO R3-PUD (MEDIUM DENSITY
RESIDENTIAL-PLANNED UNIT DEVELOPMENT) ON
APPROXIMATELY 0.23 ACRES LOCATED AT 620
BROADWAY STREET, APN 790-32-048
WHEREAS, Michael Oshan submitted application Z 06-12 to change the zomng
designation from R3 (Medium Density Residential) to R3-PUD (Medium Density Residential-
Planned Unit Development) on approximately 0.23 acres located at 620 Broadway Street, APN
790-32-048; and
WHEREAS, the purpose of the rezoning is to allow the demolition of an existing four-
unit apartment complex for the replacement on the same site with four town house units; and
WHEREAS, the California Environmental Quality Act ("CEQA") provides a categorical
exemption, CEQA Guidelines Section 15332, for a project consisting of the replacement of
existing structures where the new structures will be located on the same site and will have
substantially the same purpose and capacity as the structure replaced, which exemption applies to
this project; and
WHEREAS, the Planning Commission held a duly noticed public hearing on November
2, 2006, at which time the Planning Commission considered the public testimony, the staff report
dated October 26, 2006 ("Staff Report"), and all other documentation related to application
Z 06-12, and recommended that the City Council approve said application; and
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WHEREAS, the City Council held a duly noticed public hearing on December 4, 2006, at
which time the City Council considered the public testimony, the Staff Report, and all other
documentation related to application Z 06-12; 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, and with the land use designation on the General Plan Land Use map, Medium
Density Residential.
There is no substantial evidence in the record as a whole that the project will cause any
significant environmental impacts, and the project is exempt pursuant to CEQA Guideline
15302.
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 06-12 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
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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
unconsti tuti onal.
SECTION IV
This Ordinance shall become effective thirty (30) days after its adoption.
PASSED AND ADOPTED this 22nd day of January, 2007, by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, CORREA, VELASCO, and
PINHEIRO
NOES:
COUNCILMEMBERS:
BRACCO, GARTMAN, and VALIQUETTE
NONE
ABSENT:
COUNCILMEMBERS:
APPROVED:
~r
ATTEST:
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""
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2007-01 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
22nd day of January, 2007, 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 8th day of February, 2007.
~~~,
CIty lerk of the CIty of GIlroy
(Seal)