Loading...
Ordinance No. 2022-07 | Zoning Map Amendment (Z 22-01) | Adopted 08/15/2022ORDINANCE NO. 2022-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A ZONING MAP AMENDMENT (Z 22-01) FOR PROPERTY LOCATED ON 700 WEST 6th STREET APN: 799-26-033, 037, 049, 050, 051, & 052) WHEREAS, on May 11, 2022 an application submitted by Warmington Residential requesting a zoning map amendment (Z 22-01) was accepted as complete for the 3.70 acre site located on 700 W 6th Street; and WHEREAS, On November 2, 2020 the Gilroy City Council adopted the Gilroy 2040 General Plan after certifying an EIR for the plan and whereas the General Plan EIR reviewed all of the topics included on the Appendix G environmental checklist in the State CEQA Guidelines as well as all sections required to be included in an EIR; and WHEREAS, the proposed request to change the zoning designation for the subject site from Professional Offices (PO) to Single Family Residential (R1) would be in conformance with the 2040 General Plan low density residential land use designation and applicable goals and policies; and WHEREAS, the project has been determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 of the California Environmental Quality Act Guidelines the project is exempt from the provisions of CEQA and does not require preparation of environmental documents as the proposed residential redevelopment will occur on an urban infill site less than 5 acres in size, which can be adequately served by all required utilities and public services, and that is consistent with the Gilroy 2040 General Plan residential land use designation; and WHEREAS, the Planning Commission held a duly noticed public meeting on July 7, 2022, at which time the Planning Commission received and considered the staff report as well as all evidence received including written and oral public testimony related to the project Z 22-01; and WHEREAS, the Planning Commission of the City of Gilroy determined that the proposed Zoning Map Amendment meets the findings for approval and recommended that the City Council approve application Z 22-01. WHEREAS, the City Council held a duly noticed public hearing on August 1, 2022, at which time the City Council received and considered the staff report as well as all evidence received including written and oral public testimony related to the project Z 22-01; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which the project approval is based is the Community Development Department, Planning Division. DocuSign Envelope ID: ACE5B3DF-69FF-4220-B69A-597561C4549E Ordinance No. 2022-07 Zoning Map Amendment Z 22-01 City Council Regular Meeting | August 15, 2022 Page 2 of 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I The City Council finds that: A. “The zoning map amendment conforms to the Gilroy General Plan.” The proposed R1 zone and density implement the Low Density General Plan land use designation, which primarily allows for single-family residential development. B. “The project provides the type of development that will fill a specific need of the surrounding area.” The land use designation allows for single-family or duplex residential development at density of 3 to 8 units per acre. Residential rezoning to R1 single family is appropriate for this site as it will continue the existing single family residential neighborhood development pattern in the neighborhood, at a density of 6.1 units per net acre. C. “The project will not require urban services beyond those that are currently available.” All utilities needed to serve the project are located adjacent to the property. D. “The project reflects an economical and efficient pattern of land uses.” The project proposes an economical and efficient pattern of land uses by developing the full potential of the allowed density of the low density land use designation, and promotes an orderly pattern of development. 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, the validity of the remaining portion of this Ordinance shall not be affected thereby. 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. DocuSign Envelope ID: ACE5B3DF-69FF-4220-B69A-597561C4549E Ordinance No. 2022-07 Zoning Map Amendment Z 22-01 City Council Regular Meeting | August 15, 2022 Page 3 of 3 PASSED AND ADOPTED this 15th day of August, 2022 by the following roll call vote: AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, HILTON, LEROE-MUÑOZ, MARQUES, TOVAR, BLANKLEY NOES: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE APPROVED: ________________________________ Marie Blankley, Mayor ATTEST: ____________________________ Thai Nam Pham, City Clerk DocuSign Envelope ID: ACE5B3DF-69FF-4220-B69A-597561C4549E CERTIFICATE OF THE CLERK I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2022-07 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 held on Council held Monday, August 15, 2022, 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 Monday, August 15, 2022. ____________________________________ Thai Nam Pham, CMC, CPMC City Clerk of the City of Gilroy (Seal) DocuSign Envelope ID: ACE5B3DF-69FF-4220-B69A-597561C4549E