Ordinance 1996-19ORDINANCE NO. 96 -19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING SECTIONS 18.30, 46.67, AND
50.41 OF THE GILROY ZONING ORDINANCE; Z 96 -06
WHEREAS, the City Council of the City of Gilroy intends
to amend and update the Zoning Ordinance of the City of Gilroy to
better assure consistency in matters requiring interpretation of
this and other City Codes; and
WHEREAS, the Planning Commission held a duly noticed
public hearing at its regularly scheduled meeting on October 3,
1996, for the purpose of determining whether amendments that were
recommended by planning staff should be made to the Gilroy Zoning
Ordinance, after which hearing it voted to recommend that this City
Council make such changes as revised; and
WHEREAS, the City Council held a duly noticed public
hearing at its regularly scheduled meeting on November 4, 1996; and
WHEREAS, approval of this project is categorically
exempt from the environmental review
Environmental Quality Act ("CEQA ") ,
21000 et seq., as a Minor Alteration
the meaning of CEQA Guidelines secti
significant environmental impacts as
and
requirements of the California
Public Resources Code section
in land use limitations within
on 15305, and there will be no
a result the proposed changes;
WHEREAS, the proposed changes to the Gilroy Zoning
Ordinance are generally consistent with the intent of the goals and
policies of the City's General Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I
Section 18.30, Commercial Use Table, is amended to add two
additional commercial uses which shall read as follows:
\RPJ \323007.0= -1- ORDINANCE NO. 96 -19
63- 112204706002
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Barber Shop
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Beauty Parlor
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SECTION II
Section 46.47, Density Bonus Agreement, is hereby amended to
read as follows:
Applicants requesting a density bonus shall enter into
an agreement with the City, on terms acceptable to the
City, to ensure ongoing compliance with the provisions
of this ordinance — pier— te the issaanee of `• iild ^^
Permits. This Density Bonus Agreement shall be entered
into prior to recordation of the Final Map, for
developments which require a Tentative Map application
to be processed. For all other developments, the
Density Bonus Agreement shall be entered into prior to
approval of an Architectural and Site Review.
Identification and designation of the density bonus
units and appropriate rent and resale controls shall be
incorporated as part of the grant deeds for the
residential development regulated by this Section 46.40.
All such controls or restrictions applicable thereto
shall run with the land for the duration of the program
pursuant to Section 46.42 and shall be recorded as part
of the grant deeds with the County Recorder. Proof of
such recordation shall be deemed a condition precedent
to occupancy of any residential unit within a
development regulated hereunder. The Density Bonus
Agreement shall specify that construction of the deed
restricted properties occur in the same ratio and at the
same time as construction of the non -deed restricted
properties.
SECTION III
Section 50.41, Review of Architectural and Site Approval, is
hereby amended by adding subsection (e) to read as follows:
(e) Development of four or more single family
residential parcels which have been created from
the same Parcel Map, Tentative Map or Final Map.
SECTION IV
Severability. If any section, subsection, subdivision,
sentence, clause, phrase or word of this ordinance is for any
reason held to be invalid by a court of competent jurisdiction,
such decision shall not
affect
the
validity of
the remaining
portions of this ordinance.
The
City
Council hereby
declares that
it would have adopted this ordinance and each and every provision
herein, irrespective of the possibility that one or more provisions
\RPJ\323007.01 -2- ORDINANCE NO. 96 -19
63- 112204706002
might be declared invalid.
This ordinance shall take effect and be in full force thirty
days from and after its adoption and approval.
PASSED AND ADOPTED this 18th day of November, 1996 by
the following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON,
SPRINGER, VALDEZ, GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
Donald F. Gage, Ma r
ATTE T:
Susanne E. Steinmetz, City Cle
\RPS\323007.01 -3- ORDINANCE NO. 96 -19
63- 112204'06002
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 96 -19 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 18th day of November , 19 96 ,
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 19th day of November
19 96.
City Clerk of the City of Gilroy
(Seal)