HomeMy WebLinkAboutPosted 10/04/2021 | Public Notice - Summary Ordinance Adoption - Gilroy Zoning Map and Adopting a Planned Unit Development Overlay Pursuant to Article XXVIPROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Santa Clara
I am a resident of the State of California and
over the age of eighteen years, and not a
party to or interested in the above entitled
matter.
I am the principal clerk of the publisher of the
Gilroy Dispatch, published in the city of Gilroy,
County of Santa Clara, State of California,
Friday, and on line for which said
newspaper has been adjudicated a newspaper
of general circulation by the Superior Court
of the County of Santa Clara, State of
California, under the date of June 10,
1961, Action Number 80709, that the
notice of which the annexed is a printed copy
had been published in each issue thereof and
not in any supplement on the following
date(s):
October 15, 2021.
I, under penalty of perjury, that the foregoing
is true and correct. This declaration has been
executed on October 15, 2021.
GILROY DISPATCH
7455 MONTEREY ROAD
GILROY, CA 95020
/s/ Juliana B. Pulcrano /
Legal Publications Specialist
Gilroy Dispatch, Morgan Hill Times
Hollister Free Lance
Phone # (408) 709 3952
E-mail: jpulcrano@D newsvmedia.com
Website: www.gilroydisi)atch.com
City of Gilroy
ORDINANCE NO.2071-04
AN ORDINANCE OF THE
GILROY CITY COUNCIL
AMENDING THE CITY OF
GILROY ZONING MAP AND
ADOPTING A PLANNED UNIT
DEVELOPMENT OVERLAY
PURSUANT TO ARTICLE XXVI
OF THE GILROY CITY CODE, TO
ESTABLISH A COMMERCIAL
PLANNED DEVELOPMENT C3/
PUD ZONING DISTRICT FOR
COMMERCIAL SHOPPING
CENTER AND HOTEL
DEVELOPMENT LOCATED
AT TENTH AND CHESTNUT
STREETS (APN's: 941-66-010,
011, 014 AND 015), FILED BY
EVERGREEN DEVELOPMENT
COMPANY INC. FILE NUMBER Z
20-04,(20070021)
WHEREAS, on May6, 2021, an
application filed on behalf and
with the consent of the property
owner Donald J. Trido(Tmstee
for "The Tri olo Revocable Living
Trust" and agentfor450 East
LLC), Evergreen Development
Company Inc. was accepted as
complete, requestinga planned
development rezoningfrom the
C3 and CM zoning districts to a C3
PUD zoning district for 6.8 acres
of property located at 401 and 411
East Tenth Street (aka. Auto mall
Parkway) and 450 East Ninth
Street, between Chestnut Street
and Hwy1010fframp;and .
WHEREAS, the project includes
concurrent applications for
vesting tentative map TM 20-03
(20070020) and architectural and
site review AS 20-14(20070017)
which shall establishthe project
PUD development plan; and
WHEREAS, an initial study/
mitigated negative declaration
and mitigation monitoring
and reportingprogran have
been prepared, with mitigation
measures agreed to by the
applicant made a part of the
Project, and recommended for
adoption as the environmental
document for the project in
compliance with the California
Environmental Quality Act; and
WHEREAS, on September2,
2021 the Planning Commission
held a duly noticed public
hearing at which time the
Planning Commission received
andconsideredthe MND
environmental document
prepared for the project, together
with the zone change request and
related entitlements, the staff
report and all evidence received
including written and oral public
testimony related to the MND and
projectand
I (947- a
WHEREAS, the City Council
received and considered a staff
report pertaining to Zoning Text
Amendment file number Z 20-04;
and
WHEREAS, the City Councilheld
a duly noticed public hearing on
September20,2021, at which
time the City Council took and
considered written and Orel public
testimony, the staff report and all
other documentation related to
application Z 20-04; and
WHEREAS, the location and
custodian of the documents or
other materials that constitute the
record of proceedings upon which
Z20-04 approval is based is the
office of theCityClerk.
NOW, THEREFORE, THE CITY
COUNCIL OF THE CITY OF
GILROY DOES HEREBY ORDAIN
AS FOLLOWS.
SECTION I
The CityCouncil finds pursuant to
Gilroy Code Article XXVI (Planned
Development Overlay), Article
Ul(Amendment to the Zoning —
Ordinance) and Section 30.50.50
(Planned Unit Development
Approval)that
1. The proposed Zoning Ordinance
Amendment is consistent with the
intent of thegoals and policies of
the City of Gilroy's General Plan in
that it would promote cohesive
redevelopment of property with a
Planned commercid development
that includes a mix of desirable
uses and promotingthe General
Services land use.designation and
relevant City policies:
2. The proposed Zoning Ordinance
Amendment will notcreate any
adverse environmental impacts
in that the project site does not
have any unique physical or
environmental constraints that
would preclude development as
proposed and as anticipated by
the City General Plan and zoning
documents;
3. The proposed Zoning
Ordinance Amendment will not
be detrimental to the public
peace, health, safety, morals, or
welfare given that the property
would be required todevelop in
accordance with an approved
PUD development plan adopted
pursuant to City Code Section
30.50.50. which has been
requested and processed
concurrently with this C3 PUD
zoning amendment, that would
assure all applicable codes and
regulations are adhered to at time
ofdevelopment:and
4.TheproposedZoning
Ordinance Amendment*11 not
be detrimental to persons or
Property in the City given that the
amendment would continue to
allow commercial development
ofthe sitewhich is compatible.
with the surrounding shopping
center commercial, commercial
industrial and public facility uses
adjacent to the site.
SECTION II
Zoning0rdinanceText
Amendment file numberZ 20-04
is here by a pproved as shown
on theattachedZoningChange
Exhibit "A" and subject to adoption
of the Planned Unit Development
Permit AS 20-14, which maybe
amended from time to time in
accordance with the City Code.
SECTION III
If any section. subsection,
subdivision, sentence, clause, or
phrase of this Ordinance is for any
reason held to be unconstitutional
orotbermse void or invalid by any
court of competentjurisdiction,
the validity of the remaining
portion of this Ordinance shall not
be affected thereby.
SECTION IV
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
4th day of Octo ber, 2021 by the
followingrollcallvote:
AYES: COUNCILMEMBERS:
ARMENDARIZ, BRACCO, HILTON.
LEROE-MUROZ. MARQUES,
TOVAR. BLANKLEY
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
APPROVED:
s/s Marie Blankley,
Mayor
ATTEST: s/s LeeAnn McPhillips,
Interim CityClerk
(Pub GD10/15)
,-;), 0 -F
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