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Ordinance 2008-13 ORDINANCE NO. 2008-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING Z 08-03, AMENDING GILROY ZONING ORDINANCE TO CREATE THE MURRAY-LAS ANIMAS AVENUE OVERLAY COMBINING DISTRICT, BOUNDED BY LEA VESLEY AVENUE TO THE SOUTH, 101 FREEWAY TO THE EAST, COHANSEY AVENUE TO THE NORTH AND MONTEREY ROAD TO THE WEST, AND MODIFIYING THE CITY ZONING MAP TO DESIGNATE SUCH OVERLAY COMBINING DISTRICT. WHEREAS, the City of Gilroy submitted application Z 08-03 to amend the City of Gilroy ("City") Zoning Ordinance to create the Murray-Las Animas Avenue Overlay Combining District, bounded by Leavesley Avenue to the south, 101 Freeway to the east, Cohansey Avenue to the north and Monterey Road to the west, and modifying the City Zoning Map to designate such Overlay Combining District; and WHEREAS, the California Environmental Quality Act of 1970, as amended, ("CEQA"), provides that if it can be seen with certainty, as here, that there is no possibility that said amendment to the Gilroy Zoning Ordinance may have a significant effect on the environment, then said amendment is exempt from the requirements of CEQA pursuant to the provisions of Section 15061(b)(3) of the CEQA Guidelines; and WHEREAS, the Planning Commission held a duly noticed public hearings on November 6, 2008, at which time the Planning Commission considered the public testimony, the staff report dated November 6, 2008, and all other documentation related to application Z 08-03, and recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public hearings on November 17,2008, at which time the City Council considered the public testimony, the staff reports dated November 6 and 7,2008, and all other documentation related to application Z 08-03; 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: \JH\7791 08.1 112508-04706083 -1- Ordinance No. 2008-13 SECTION I The City Council hereby finds: A. The proposed Zoning Ordinance amendment to create the Murray-Las Animas Avenue Overlay Combining District, bounded by Leavesley Avenue to the south, 101 Freeway to the east, Cohansey Avenue to the north and Monterey Road to the west, and modifying the City Zoning Map to designate such Overlay Combining District is consistent with the intent of the City's Zoning Ordinance, Section 20; B. The proposed Zoning Ordinance amendment is consistent with the intent of the goals and policies of the City of Gilroy's General Plan; and C. The proposed Zoning Ordinance amendment will not create any environmental impacts. SECTION II Based on the above findings, zoning application Z 08-03 is hereby approved, and the Gilroy Zoning Ordinance Section 20.40 entitled "Establishment of the Murray-Las Animas Avenue Overlay Combining District" is hereby added to Section 20 of the City Zoning Ordinance to read as follows: "Section 20.40 Establishment of the Murray-Las Animas Avenue Overlay Combining District The Murray-Las Animas Avenue Overlay Combining District includes all parcels within the geographical area bounded by Leavesley Avenue to the south, 101 Freeway to the east, Cohansey Avenue to the North and Monterey Road to the west. The Planning Commission shall hold a public meeting, noticing all property owners and residents within this area, on any planning project requiring an Architecture and Site Review application proposed for approval within this geographical area. The public noticing costs shall be borne by the project applicant. Notwithstanding Section 50.41 of this Ordinance, the Planning Commission shall review and issue or deny approval of said application, according to the standards set forth in Section 50.40 and in the Murray-Las Animas Avenue Overlay Combining District Design Policy. The applicant, if not \JHI779108.1 112508-04706083 -2- Ordinance No. 2008-13 satisfied with the terms and conditions of approval or a denial from the Planning Commission, may appeal such decision, in writing, to the City Council, within fifteen (15) days of the Planning Commission's decision." SECTION III Based on the above findings, zoning application Z 08-03 is hereby approved, and the Gilroy Zoning Ordinance Section 3.20 entitled "Designation of Combining Districts" is hereby amended to add to the list of combining districts the following combining district: "MA MURRAY -LAS ANIMAS AVENUE OVERLAY COMBINING DISTRICT" SECTION IV Based on the above findings, zoning application Z 08-03 is hereby approved, and the Gilroy Zoning Map is hereby amended to add the "Murray-Las Animas Avenue Overlay Combining District." SECTION V 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 VI This Ordinance shall be in full force and effect thirty (30) days after the date of its passage and adoption. II II \JH\779108.1 112508-04706083 -3- Ordinance No. 2008-13 II PASSED AND ADOPTED this 15th day of December, 2008, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, DILLON, GARTMAN, TUCKER, WOODWARD, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: ~~:r/ ATTEST: \JH\779108.1 112508-04706083 -4- Ordinance No. 2008-13 I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2008-13 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 15th day of December, 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 18th day of December, 2008. Shawna Freels, CMC City Clerk of the City of Gilroy (Seal)