Ordinance 2008-04
ORDINANCE NO. 2008-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING APPLICATION Z 07-02 FOR A CHANGE
IN ZONING DESIGNATION FROM Al (AGRICULTURAL) TO
R-1 PUD (LOW DENSITY RESIDENTIAL) ON
APPROXIMATELY .28 ACRES LOCATED ON GAGE COURT
NEAR THE NE CORNER OF SANTA TERESA AND THOMAS
ROAD, APN 808-47-009.
WHEREAS, Randy Kirk submitted application Z 07-2 to change the zoning designation
from Al (Agricultural) to R-1 PUD (Low Density Residential Planned Unit Development) on
approximately .28 acres located on Gage Court near the NE comer of Santa Teresa and Thomas
Road, APN 808-47-009, ("the Project"); and
WHEREAS, the Planning Commission held a duly noticed public hearing on February 7,
2008, at which time the Planning Commission considered the public testimony, the staff report
dated January 10, 2008 ("Staff Report"), and all other documentation related to application Z 07-
02, and recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on February 25, 2008, at
which time the City Council considered the public testimony, the Staff Report, and all other
documentation related to application Z 07-02; and
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WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), CEQA
Guidelines Section 15303(a) provides an exemption from further environmental review for new
construction or conversion of small structures; 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:
1. The proposed zoning (R-1 PUD) is consistent with the intent of the goals and
policies of the City's General Plan text, and with the land use designation on the
General Plan Land Use map.
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Ordinance No. 2008-04
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2. The proposal will not be detrimental to public welfare or injurious to persons or
property in the vicinity.
3. The proposed residential development continues to provide the amenities
necessary for a PUD approval for this phase II of development that were included
in phase I as set forth in the Staff Report.
4. There is no substantial evidence in the entire record that there will be any
significant environmental impacts as a result of this Project.
SECTION II
Based on the above findings, zoning application Z 07-02 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
anyone 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 17th day of March, 2008, by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, BRACCO, DILLON, GARTMAN,
WOODWARD, and PINHEIRO
NONE
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS: TUCKER
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Ordinance No. 2008-04
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APPROVED:
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Albert Pinheiro, Mayor
ATTEF?
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Ordinance No. 2008-04
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2008-04 is an original ordinance, or 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 17th day of March, 2008, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 9th day of March, 2008.
(Seal)