Ordinance 2010-13
ORDINANCE NO. 2010-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING APPLICATION Z 09-04 FOR A
CHANGE IN WNING DESIGNATION FROM R1 (SINGLE
FAMILY RESIDENTIAL) TO R1/PUD (SINGLE FAMILY
RESIDENTIALlPLANNED UNIT DEVELOPMENT) ON AN
APPROXIMATELY 4.35 ACRE SITE LOCATED ON RONAN
AVENUE AT THE TERMINI OF BRAZOS STREET AND
BOSQUE STREET, APN 790-16-231
WHEREAS, Ronan Avenue Investors (the "Applicant") submitted application Z09-04 to
change the zoning designation from Rl (Single Family Residential) to Rl/PUD (Single Family
ResidentiallPlanned Unit Development) on approximately 4.3 5 acres ("the Project"), located on
Ronan Avenue at the termini of Brazos Street and Bosque Street, APN 790-16-231 (formerly
790-16-057); and
WHEREAS, the Planning Commission held a duly noticed public hearing on March 4,
2010, at which time the Planning Commission considered the public testimony, the staff report
dated December 16, 2009 ("Staff Report") and all other documentation related to application Z
09-04, and recommended that the City Council approve said application; and
WHEREAS, the City Council held duly noticed public hearings on April 19, 2010 and on
June 7, 2010, at which time the City Council considered the public testimony, the Staff Report, a
supplemental staff report dated June 7, 2010 and all other documentation related to application Z
09-04; and
WHERESAS, because Section 26 of the Zoning Ordinance provides that a Planned Unit
Development Combining District such as requested by this application requires a higher standard
of amenities in exchange for the ability to reduce setbacks and lot sizes and other zoning
standards for the project and such amenities are not included on-site, the Applicant is required to
and has agreed to meet the amenity requirement off-site by designing and implementing the
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ORDINANCE NO. 2010-13
grading, irrigation and hydro seeding for the 3.63-acre park located next to Antonio del Buono;
and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), there is an
exemption from environmental review under CEQA Guideline 15332, "In-fill Development
Projects", and the City has determined that this project meets the In-fill exemption requirements;
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 rezoning is consistent with intent of the goals and policies ofthe City's
General Plan, and with intent of the land use designation on the General Plan Land
Use Map.
2. The Project will not be detrimental to the public welfare or injurious to persons or
property in the vicinity.
SECTION II
Approval of Z 09-04 is granted subject to the following condition: The developer shall
design and implement the grading, irrigation and hydroseeding of the 3.63-acre City Park located
next to Antonio del Buono School. The design and installation of these improvements shall be
subject to review and approval of the Engineering Division and the Community Services
Department. The applicant shall enter into an Improvement Agreement for this construction upon
approval of the Tentative Map and the Architectural and Site applications.
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ORDINANCE NO. 2010-13
SECTION III
Approval of this Ordinance is subject to adoption by the City Council of RDO text
amendment Z10-03, and this Ordinance will become effective if and only if, and upon the same
date, that Ordinance No. 2010-12 approving Z1O-03 becomes effective provided said date is at least
30 days after the passage and adoption of this Ordinance. Should Ordinance No. 2010-12 not
become effective, then this Ordinance is null and void without any further action by the City
Council.
PASSED AND ADOPTED this 19th day of July, 2010, by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN,
WOODWARD
NOES: COUNCILMEMBERS:
BRACCO, TUCKER and PINHEIRO
ABSENT: COUNCILMEMBERS:
NONE
APPROVED:
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ORDINANCE NO. 2010-13
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2010-13 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 19th day of July, 2010, 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 220d day of July, 2010.
Shawna Freels,
City Clerk of the City of Gilroy
(Seal)