Ordinance 2019-06ORDINANCE NO.2019-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING APPLICATION Z 18-08 CHANGING THE ZONING
DESIGNATION FROM OPEN SPACE (OS) TO COMMERCIAL
INDUSTRIAL (CM) FOR A PROPERTY LOCATED NORTHEAST OF
BOLSA ROAD, APN'S 841-31-003, 019 AND 022
WHEREAS, on November 1, 2018, applicant George Renz of Renz & Renz submitted an
application to change the zoning designation on property located northeast of Bolsa Road (APN
841-31-003, 019 and 022) from Open Space (OS) to Commercial Industrial (CM) ("Z 18-08")
and
WHEREAS, On June 13, 2002, the Gilroy City Council certified the Gilroy 2020 General
Plan environmental impact report ("EIR") and adopted a Statement of Overriding Considerations
prior to EIR certification; and
WHEREAS, Public Resources Code section 21083.3 (b), "Application of Division to
Approval of Subdivision Map or Other Project" provides that development projects consistent
with a general plan, and for which an EIR has been certified, shall limit additional CEQA review
"to effects on the environment which are peculiar to the parcel or to the project and which were
not addressed as significant effects in the prior environmental impact report, or which substantial
new information shows will be more significant than described in the prior environmental impact
report." This relief from additional environmental review is restated by CEQA Guidelines
section 15183; and
WHEREAS, Z 18-08 does not include a proposal to develop the site or change the land
use, the project is not subject to any mitigation measures or further review under CEQA section
21083.3 (b) or CEQA Guidelines section 15183. Therefore, no additional CEQA analysis is
required for this zone change request; and
WHEREAS, the Planning Commission held a duly noticed public hearing on February 7,
2019, at which time the Planning Commission considered the public testimony, the staff report
February 7, 2019 ("Staff Report"), and all documentation related to Z 18-08 and recommended
that the City Council approve Z 18-08; and
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WIUREAS, the City Council held a duly noticed public hearing on March 18, 2019, at
which time the City Council considered the Staff Report, a supplemental staff report dated
March 18, 2019, the public testimony and all documentation related to Z 18-08; and
ViBEREAS, the City Council finds that Z 18-08 is consistent with the Gilroy General
Plan and the Zoning Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
The proposed rezoning is consistent with the intent of the goals and policies of the
City's General Plan, and with the intent of the land use designation on the General
Plan Land Use Map.
2. There is no substantial evidence in the entire record that the Project will have any
significant effects on the environment not analyzed and reviewed and considered in
the EIR.
3. The approval of Z 18-08 will not be detrimental to the public welfare or injurious to
persons or properly in the vicinity.
SECTION H
Based on the above findings, zoning application Z 18-08 is hereby approved.
SECTION II
If any section, subsection, sentence, clause or phrase of this Interim Urgency Ordinance is for
any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Gilroy hereby declares that
it would have passed and adopted this ordinance, and each section, subsection, sentence, clause
or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses or phrases may be declared invalid or unconstitutional.
SECTION III
Pursuant to section 608 of the Charter of the City of Gilroy, this ordinance shall be in full force
and effect thirty (30) days from and after the date it is adopted.
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PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF GILROY
this I" day of April 2019, by the following vote:
AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, MARQUES,
TOVAR, TUCKER and VELASCO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS:
Roland Velasco, Mayor
Qrna
reels, Clerk
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I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached emergency Ordinance No. 2019-06 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 special meeting of said
Council held on the I" day of April, 2019, 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 9t' day of April, 2019.
Sh a reels, NM
City Clerk of the City of Gilroy
(Seal)