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Ordinance 2007-03 ORDINANCE NO. 2007-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING APPLICATION Z 06-17 FOR A CHANGE IN ZONING DESIGNATION FROM Al (AGRICULTURAL) TO Rl (SINGLE FAMILY RESIDENTIAL) ON APPROXIMATELY 4.3 ACRES LOCATED NORTH OF RONAN AVENUE BETWEEN TAOS WAY AND WREN AVENUE, APN 790-16- 057 WHEREAS, Ronan Avenue Investors, c/o Giacalone-McDermott Mgmt., LLC, submitted application Z 06-17 to change the zoning designation from Al (Agricultural) to Rl (Single Family Residential) on approximately 4.3 acres located north of Ronan Avenue between Taos Way and Wren Avenue, APN 790-16-057, ("the Project"); and WHEREAS, pursuant to the California Environmental Quality Act of 1970, as amended, ("CEQA"), this Project received environmental clearance through the Final EIR certified by the City Council in conjunction with adoption of the General Plan, GPA 99-01, in 2002, with the required CEQA findings set forth in City Council Resolution No. 2002-41; and WHEREAS, the Planning Commission held a duly noticed public hearing on December 7, 2006, at which time the Planning Commission considered the public testimony, the staff report dated November 16, 2006 ("Staff Report"), and all other documentation related to application Z 06-17, and recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public hearing on December 18, 2006, at which time the City Council considered the public testimony, the Staff Report, a supplemental staff report dated December 11, 2006, and all other documentation related to application Z 06- 17; and \MDO\714393.3 01-011607-04706084 -1- Ordinance No. 2007-03 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: 1. 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. The subject property is located within the incorporated City limit and municipal services are currently available near the property. The General Plan designation for the property is Low Density Residential and the surrounding areas are all designated Low and Medium Density Residential. 2. The property is located adjacent to Rl (Single Family Residential) zoned property to the south, east, and west, and R3-PUD (Medium Density Residential-Planned Unit Development) zoned property on the north. The proposed residential use is consistent with the existing adjacent and neighboring residences, as well as the residential character of the neighborhood. 3. There is no substantial evidence in the entire record that there will be any significant environmental impacts as a result of this Project that were not addressed in the Final EIR for GPA 99-01. SECTION II Based on the above findings, Zoning application Z 06-17 is hereby approved. \MDO\714393.3 01-011607-04706084 -2- Ordinance No. 2007-03 SECTION III This Ordinance shall become effective thirty (30) days after its adoption. PASSED AND ADOPTED this 5th day of February, 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATT~ ~ /' ~~rL&1ud~ Rhonda Pellin, City Clerk \MDO\714393.3 01-011607-04706084 ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO, and PINHEIRO NONE NONE APPROVED: -3- Ordinance No. 2007-03 ''''''1''''' I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2007-03 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 February, 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. J2-. ! ~A/,~. City Clerk of the City of Gilroy (Seal)