HomeMy WebLinkAboutOrdinance No. 2025-02 | Ordinance 2025-02 | Rezoning APN 810-23-005 from Agriculture to Residential Hillside | Adopted 03/17/2025
ORDINANCE 2025-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
AMENDING THE ZONING MAP DESIGNATION OF PROPERTY
IDENTIFIED AS ASSESSOR PARCEL NUMBER 810-23-005, LOCATED
SOUTH OF SANTA TERESA BOULEVARD AND NORTH/NORTHEAST
OF MILLER AVENUE, FROM AGRICULTURE TO RESIDENTIAL
HILLSIDE, CONSISTENT WITH THE GILROY 2040 GENERAL PLAN
HILLSIDE RESIDENTIAL LAND USE DESIGNATION FOR THE
PROPERTY
WHEREAS, pursuant to Gilroy City Code Section 30.3.40 (Zoning map), the official
zoning map of the city delineates zoning and combining districts and is declared a part of
Zoning Ordinance and shall constitute the official description of the location of each
district in the city; and
WHEREAS, pursuant to Gilroy City Code Section 30.52.10 (Amendments), the
boundaries of the zones established by the Zoning Ordinance, the classifications of
property uses therein, or other provisions of the Zoning Ordinance may be amended
whenever public necessity, convenience and/or general welfare require; and
WHEREAS, the subject site is located south of Santa Teresa Boulevard and
north/northeast of Miller Avenue (APN 810-23-005); and
WHEREAS, Susan Wang on behalf of Ren JiZhong submitted an application
requesting a tentative map to amend the zoning map designation of the approximate
37.54-acre site from Agriculture (A1) to Residential Hillside (RH); and
WHEREAS, the Gilroy 2040 General Plan and Land Use Diagram designating the
subject site as Hillside Residential was adopted by the City Council on November 2, 2020;
and
WHEREAS, pursuant to Gilroy City Code Section 30.1.40(b) (Relationship of the
Zoning Ordinance and the general plan), the Zoning Ordinance shall be consistent with
the general plan of the City of Gilroy. Where inconsistencies do exist, the general plan
shall control the use and development of such land until such time as the city council
revises the Zoning Ordinance to achieve consistency; and
WHEREAS, the proposed Residential Hillside (RH) zoning designation is
consistent with the Gilroy 2040 General Plan and Land Use Diagram; and
WHEREAS, adoption of the Zoning Map amendment is necessary to implement
the Gilroy 2040 General Plan land use designation for the property; and
WHEREAS, in compliance with the California Environmental Quality Act (CEQA),
the City completed an Initial Study to determine whether the proposed project may have
a significant adverse effect on the environment. On the basis of that study, the City
determined that in addition to contributing to the previously disclosed significant and
unavoidable impacts in the Gilroy 2040 General Plan Final Environmental Impact Report
(EIR), the project could result in additional significant effects on the environment;
however, there will not be any significant effect in this case because mitigation measures
Docusign Envelope ID: 8A122006-F876-4354-85CF-4ADDFB0E78ED
Ordinance No. 2025-02
Zoning Map Amendment
City Council Regular Meeting | March 17, 2025
Page 2 of 4
are included in the project, and therefore, this Mitigated Negative Declaration (MND) has
been prepared; and
WHEREAS, on January 16, 2025, the Planning Commission held a duly noticed
public meeting, 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 proposed Zoning Map Amendment (Z 22-03); and
WHEREAS, on January 16, 2025, the Planning Commission considered and
recommended that the City Council adopt the Mitigated Negative Declaration prepared
for the project in accordance with the California Environmental Quality Act (CEQA) and
adopt an Ordinance approving Zoning Map Amendment Z 22-03; and
WHEREAS, the City Council held a duly noticed public hearing on February 24,
2025, at which time the City Council received and considered the proposed Zoning
Ordinance Map amendment, took and considered written and oral public testimony
including the staff report, and all other documentation related to the proposed Zoning Map
Amendment (Z 22-03); and
WHEREAS, in accordance with City of Gilroy Chapter 30 (Zoning), Article LII
(Amendment to the Zoning Ordinance), the Planning Commission has recommended,
and the City Council finds, that the proposed Zoning Ordinance Map amendment is
necessary to carry out the general purpose of the Zoning Ordinance, and applicable
General Plan goals and policies including: Gilroy 2040 General Plan Land Use Goal LU
1.2 (Residential Growth); Land Use Goal LU 1.8 (Vacant and Underutilized Sites); Land
Use Goal LU 1.11 (Contiguous Development); Gilroy 2023-2031 Housing Element Goal
1 (Housing Production); and Housing Element Goal 2 (Removal of Governmental
Constraints); 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 office
of the City Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I
The foregoing recitals are true and correct and are incorporated herein by this reference.
SECTION II
The amendments to the Gilroy City Code, Chapter 30 (Zoning) Zoning Map, set forth in
Exhibit ‘A’, are hereby adopted.
SECTION III
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Ordinance No. 2025-02
Zoning Map Amendment
City Council Regular Meeting | March 17, 2025
Page 3 of 4
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 by the City Council of the City of Gilroy at a regular
meeting duly held on the 17th day of March 2025 by the following roll call vote:
AYES: COUNCIL MEMBERS: Bracco; Cline; Hilton; Marques; Ramirez;
Bozzo
NOES: COUNCIL MEMBERS: Fugazzi
ABSENT: COUNCIL MEMBERS:
APPROVED:
Greg Bozzo, Mayor
ATTEST:
_______________________
Bryce Atkins, Acting City Clerk
Attachment:
1. Exhibit ‘A’: Proposed amendments to Chapter 30 (Zoning) Zoning Map
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Ordinance No. 2025-02
Zoning Map Amendment
City Council Regular Meeting | March 17, 2025
Page 4 of 4
CERTIFICATE OF THE CLERK
I, BRYCE ATKINS, Acting City Clerk of the City of Gilroy, do hereby certify that
the attached Ordinance No. 2025-02 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 Council held on Monday, March 17, 2025, with a quorum present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official
Seal of the City of Gilroy this March 18, 2025.
____________________________________
Bryce Atkins
Acting City Clerk of the City of Gilroy
Docusign Envelope ID: 8A122006-F876-4354-85CF-4ADDFB0E78ED
Ordinance No. 2025-02
Zoning Map Amendment
City Council Regular Meeting | March 17, 2025
EXHIBIT “A”
ZONING MAP AMENDMENT - APN #810-23-005
Docusign Envelope ID: 8A122006-F876-4354-85CF-4ADDFB0E78ED
Ordinance No. 2025-02
Zoning Map Amendment
City Council Regular Meeting | March 17, 2025
A1 (Agriculture District) RH (Residential Hillside)
Docusign Envelope ID: 8A122006-F876-4354-85CF-4ADDFB0E78ED