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Ordinance 2020-02-1- ORDINANCE NO. 2020-02 ORDINANCE NO. 2020-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY PURSUANT TO SECTION 30.52.10 TO AMEND THE CITY OF GILROY ZONING MAP REDESIGNATING A PROPERTY AT 95 FARRELL AVENUE (APN 790-07-007) FROM R-1 PUD TO R-1 ZONING DISTRICT DESIGNATION WHEREAS, on December 12, 2019, the property owner filed an application to amend the Zoning Map for property at 95 Farrell Avenue to remove a Planned Unit Development (PUD) overlay designation; and WHEREAS, the Planning Commission held a duly noticed public hearing on February 6, 2020, received and considered written and oral public testimony related to Z 19 -03, and thereafter by adoption of Resolution 2020-03, recommended that the City Council approve said project; and WHEREAS, the City Council held a duly noticed public hearing on March 16, 2020, at which time the City Council took and considered written and oral public testimony, the staff report, and all other documentation related to application Z 19-03; and WHEREAS, the City has determined that review and approval of Zoning Amendment Z 19-03 is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to the provisions of Section 15061(b) (3) of the CEQA Guidelines, which states that a project is exempt from CEQA when “[t]he activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant impact to the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA;” and WHEREAS, in accordance with City of Gilroy Zoning Code Section’s 30.52.40 and 30.52.60, the City Council finds that the proposed Zoning Map Amendment implements the Gilroy 2020 General Plan, including all applicable policies and in particular the Low Density Residential land use designation, in conformance with state law. DocuSign Envelope ID: 3AA84E1C-3B58-4815-89E2-9A58291EC7B1 -2- ORDINANCE NO. 2020-02 WHEREAS, the location and custodian of the documents or other materials that constitute the record of proceedings upon which Z 19-03 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: SECTION I The zoning district designation established for the 43,592 square foot property located at 95 Farrell Avenue, APN 790-07-007, shall be changed from the R-1 PUD Overlay Zoning District to the R-1 Zoning District, thereby removing the PUD overlay designation from the property SECTION II If any section, subsection, sentence, clause or phrase of this 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 of its adoption. PASSED AND ADOPTED this 6th day of April 2020, by the following roll call vote: AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, LEROE-MUÑOZ, MARQUES, TOVAR, TUCKER and VELASCO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: _______________________________ Roland Velasco, Mayor ATTEST: _______________________________ Shawna Freels, City Clerk DocuSign Envelope ID: 3AA84E1C-3B58-4815-89E2-9A58291EC7B1 -3- ORDINANCE NO. 2020-02 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2020-02 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 held on Council held on the 6th day of April, 2020, 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 8th day of April, 2020. ____________________________________ Shawna Freels, MMC City Clerk of the City of Gilroy (Seal) DocuSign Envelope ID: 3AA84E1C-3B58-4815-89E2-9A58291EC7B1 Certificate Of Completion Envelope Id: 3AA84E1C3B58481589E29A58291EC7B1 Status: Completed Subject: You have a pending request to eSign a document Source Envelope: Document Pages: 3 Signatures: 3 Envelope Originator: Certificate Pages: 2 Initials: 0 Shawna Freels AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 2633 Camino Ramon Ste 500 San Ramon, CA 94583 shawna.freels@ci.gilroy.ca.us IP Address: 207.7.154.9 Record Tracking Status: Original 4/8/2020 12:40:19 PM Holder: Shawna Freels shawna.freels@ci.gilroy.ca.us Location: DocuSign Signer Events Signature Timestamp Roland Velasco roland.velasco@cityofgilroy.org eSign Security Level: Email, Account Authentication (None)Signature Adoption: Drawn on Device Using IP Address: 71.80.234.156 Signed using mobile Sent: 4/9/2020 12:22:12 PM Viewed: 4/9/2020 1:07:42 PM Signed: 4/9/2020 1:08:40 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Shawna Freels shawna.freels@ci.gilroy.ca.us Mrs. Accela, Inc. Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 141.126.124.171 Sent: 4/9/2020 1:08:42 PM Viewed: 4/9/2020 1:59:37 PM Signed: 4/9/2020 1:59:48 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 4/9/2020 1:08:42 PM Certified Delivered Security Checked 4/9/2020 1:59:37 PM Signing Complete Security Checked 4/9/2020 1:59:48 PM Envelope Summary Events Status Timestamps Completed Security Checked 4/9/2020 1:59:48 PM Payment Events Status Timestamps