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Ordinance 2016-07ORDINANCE NO. 2016-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING ZONE CHANGE APPLICATION Z 15-07 FOR A PROPERTY LOCATED AT 8450 WREN AVENUE; FILED BY CALATLANTIC HOMES WHEREAS, CalAtlantic Homes (formerly known as Standard Pacific Homes), submitted an application requesting a Zone Change (Z 15 -07) to amend the zoning designation on the project site from PF (Park/Public Facility) to R -1 (Single Family Residential); and WHEREAS, the City Council of the City of Gilroy has considered Z15 -07 in accordance with the Gilroy Zoning Ordinance, and other applicable standards and regulations; and WHEREAS, the City Council approved a General Plan Amendment request (GPA 15 -01) to change the property from Residential Medium Density to Residential Low Density and therefore, this request is consistent with applicable general plan designation (Residential Low Density); and WHEREAS, a mitigated negative declaration (MND) was prepared for the site as part of the review of application GPA 05 -05 in 2006, and, due to the modifications proposed as part of the current applications, an addendum to the adopted MND has been prepared; and WHEREAS, the addendum MND determined that no new impacts will occur due to the proposed project redesign, and therefore, the adopted MND is sufficient to address the environmental effects of the proposed project, and no further environmental analysis is required to comply with the California Environmental Quality Act; and WHEREAS, a mitigation monitoring and reporting plan has been prepared, consistent with the addendum MND; and WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed project on February 18, 2016, at which public hearing the Planning Commission considered Z15 -07, ORDINANCE NO. 2016-07 4822 ,3715.43510 JH104706089 staff report, public comments and testimony, and all other documentation or other evidence received on Z15 -07; and WHEREAS, the Planning Commission recommended that the City Council adopt the MND addendum and associated mitigation monitoring and reporting plan; and WHEREAS, the City Council held a duly noticed public hearing on the Z15 -07 on March 21, 2016, at which public hearing the Council considered the proposed project, staff report, public comments and testimony, and all other documentation or other evidence received Z15 -07. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Zoning change application Z15 -07 is hereby approved. SECTION II 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 any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. SECTION III This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. PASSED AND ADOPTED this 4d' day of April, 2016 by the following vote: AYES: COUNCILMEMBERS: AULMAN, BRACCO, HARNEY, LEROE- MUNOZ, TUCKER, VELASCO and WOODWARD NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE i OVE 1 Mayor ORDINANCE NO. 2016-07 4822-3715A351 v1 JH104706089 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2016 -07 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 4th day of April, 2016, 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 6th day of April, 2016. City Clerk of the City of Gilroy (Seal)