Ordinance 2007-13
ORDINANCE NO. 2007-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING APPLICATION Z 06-15 TO CHANGE
THE ZONING DESIGNATION FROM PF (PUBLIC FACILITY)
TO Cl (NEIGHBORHOOD COMMERCIAL) ON
APPROXIMA TEL Y 2.15 ACRES LOCATED ON THE
NORTHERN PORTION OF BROWNELL SCHOOL, BETWEEN
CARMEL AND HANNA STREETS, APN 799-20-010.
WHEREAS, Gilroy Unified School District (GUSD) submitted application Z 06-15 to
change the zoning designation from PF (Public Facility) to Cl (Neighborhood Commercial) on
approximately 2.15 acres located on the northern portion of Brownell School, between Carmel
and Hanna Streets, APN 799-20-010 ("the Project"); and
WHEREAS, pursuant to the California Environmental Quality Act, ("CEQA"), this
Project received environmental clearance through the Final EIR certified by the City Council
with the required CEQA findings and Statement of Overriding considerations on June 13, 2002
in conjunction with the adoption of the General Plan Update 2002. Pursuant to Public Resources
Code section 21093, this rezoning is determined to be an implementation of the General Plan
Update.
WHEREAS, the Planning Commission held a duly noticed public hearing on April 5,
2007, at which time the Planning Commission considered the public testimony, the staff report
dated March 19, 2007 ("Staff Report"), and all other documentation related to application Z 06-
15, and recommended that the City Council approve said application; and
WHEREAS, the City Council at its duly noticed public meeting on April 16, 2007,
considered the public testimony, the Staff Report, a supplemental staff report dated April 9,
2007, and all other documentation related to application Z 06-15; and
-1-
ILLEZOTTEI727263.1
Ordinance No. 2007-13
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 substantially 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.
2. The subject property is located within the incorporated City limit and municipal
services are immediately available.
3. The General Plan designation for the property is General Services and the
surrounding areas are all designated General Services.
4. The property is located adjacent to CI (Neighborhood Commercial) zoned
property to the north, east, and west, and PF (Public Facility) zoned property on
the north. The proposed zone change is consistent with the existing pattern of
commercial use of neighboring properties and will add low-intensity commercial
uses intended to be compatible with residential living.
5. There is no substantial evidence in the entire record that there will be any new
significant environmental impacts as a result of this Project that were not
addressed in the Final Environmental Impact Report with is found to be
applicable to this Project.
SECTION II
Based on the above findings, zoning application Z 06-15 is hereby approved.
-2-
ILLEZOTTEI727263.1
Ordinance No. 2007-13
SECTION III
This Ordinance shall become effective thirty (30) days after its adoption.
PASSED AND ADOPTED this 21st day of May, 2007 by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, BRACCO, CORREA,
GARTMAN, VALIQUETTE, VELASCO
and PINHEIRO
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
APPROVED:
~or
, ATTEt ud. ........
\ ~L 'i. .
~..-. Jui/c v/{~L~=/l
Rhonda Pellin, City Clerk
-3-
ILLEZOTTEI727263.1
Ordinance No. 2007-13
.......,""'.
I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached
Ordinance No. 2007-13 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
21 st day of May, 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 1st day of June, 2007.
(Seal)