Ordinance 2003-18
ORDINANCE NO. 2003-18
AN ORDINANCE OF THE CITY OF GILROY AMENDING
ZONING ORDINANCE SECTION 31 BY ADDING SECTION
31.90, AUTHORIZING ON AN INTERIM BASIS THE
APPROV AL IN THE C-2 CENTRAL BUSINESS DISTRICT OF
DEVELOPMENT PROJECTS THAT PROVIDE FEWER OFF-
STREET PARKING SPACES THAN CURRENTLY REQUIRED
BY THE ZONING ORDINANCE OR THE DOWNTOWN
PARKING DISTRICT, AND PROVIDING FOR THE SUNSET
HEREOF.
WHEREAS, the City of Gilroy Zoning Ordinance ("Zoning Ordinance") Section 31
establishes off-street parking requirements for various land uses throughout the City; and
WHEREAS, the City of Gilroy wishes to encourage development projects, including
residential projects, in the City's C-2 Central Business District ("Downtown C-2 Zone") and
therefore wishes to allow development projects under certain conditions to proceed even though
they provide for less off-street parking than is otherwise required under Zoning Ordinance
Section 31; and
WHEREAS, the Planning Commission held a duly noticed public hearing on October 2,
2003, at which time the Planning Commission considered the public testimony, the Staff Report
dated September 29, 2003 ("Staff Report"), and all other documentation related to this
Ordinance, and recommended that the City Council approve said Ordinance; and
WHEREAS, the City Council held a duly noticed public hearing on October 6, 2003, at
which time the City Council considered the public testimony, the Staff Report, and all other
documentation related to this Ordinance; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this project 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
Section 31 of the City of Gilroy Zoning Ordinance is hereby amended by adding Section
31.90 to read as follows:
Section 31.90 - Interim Off-Street Parking Reductions in the C-2 Central Business District Zone
Section 31.91 Development Projects
The provisions of Section 31.90 shall apply to all Development Projects within the C-2
Central Business District Zone. For the purposes of this Section, "Development Project"
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shall mean any project that requires a permit granting approval for construction from the
City of Gilroy.
Section 31.92 - Parking Reductions Up to and Including 25%
Development Projects in the C-2 Central Business District Zone shall be allowed up to a
twenty-five percent (25%) reduction in required off-street parking below what is required
under the general requirements of Section 31.
Section 31.93 - Parking Reductions Greater Than 25%
Development Projects in the City's C-2 Central Business District Zone may be allowed a
reduction in required off-street parking greater than twenty-five percent (25%) if the
Planning Division Manager (PDM) determines that the Standard Findings set forth in
Section 31.96 can be made. The PDM will issue a written Final Determination
approving, conditionally approving or disapproving the parking reduction request
following the ten-day public noticing period set forth in Section 31.95. Objections to the
granting ofthe request must be in writing, set forth the basis of the objection, and be filed
with the Planning Department prior to the date set forth in the notice for a Final
Determination.
Section 31.94 - Appeal
The Final Determination of the PDM may be appealed to the Planning Commission by
the applicant or any owner of a property or business situated within the C-2 Central
Business District Zone. Appeals to the Planning Commission must be received by the
Planning Department, in writing, within fifteen (15) days of the date of the Final
Determination made by the PDM. The decision of the Planning Commission may be
appealed to the City Council by the applicant or any owner of a property or business
situated within the C-2 Central Business District Zone in the same manner and subject to
the same requirements set forth in Section 51.42 of this Ordinance.
Section 31.95 - Public Notice Requirements
(a) Property and business owners within 300 feet ofthe Development Project site shall be
notified by mail of the request for an off-street parking reduction greater than 25% at
least ten (10) calendar days prior to issuance of a Final Determination by the PDM.
(b) If the PDM's Final Determination is appealed to the Planning Commission, property
and business owners within 300 feet of the project site shall be notified by mail of the
appeal at least ten (10) calendar days prior to the Planning Commission review date.
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Section 31.96 - Standard Findings
In order to reduce the potential of adversely impacting the Downtown, the following
Standard Findings are required for approval of a request for greater than a 25% reduction
in off-street parking:
(a) The Development Project, with the proposed off-street parking reduction, is
substantially consistent with the goals and policies of the City's General Plan; and
(b) The proposed off-street parking reduction, when considered cumulatively with all
other prior reductions granted to other Development Projects under this Section, is
not expected to substantially adversely impact the local neighborhood, block, or
surrounding businesses; and
( c) The proposed off-street parking reduction is in the best interest of the larger
Downtown business environment, while not necessarily meeting the strict general
parking requirements under Section 31 or those of the City's Downtown Parking
District; and
(d) Approval of the requested off-street parking reduction, singularly and/or
cumulatively, will not adversely affect the health, safety, or general welfare of the
public.
Section 31.97 - Sunset Date
This Section 31.90, in its entirety, shall sunset upon the earlier of the date of adoption of
a Specific Plan for the Downtown by the City Council, or on December 31,2005, and as
of that sunset date, shall be of no further force or effect.
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, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance and each
section, subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that
anyone or more sections, subsections, subdivisions, sentences, clauses or phrases be declared
unconstitutional.
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Ordinance No. 2003-18
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF GILROY
this 20th day of October, 2003, by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN, MORALES,
PINHEIRO, VELASCO and SPRINGER
NONE
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
NONE
APPROVED:
ATTE,;; 2",
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Rhonda Pellin, City Clerk
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Ordinance No. 2003-18
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2003-18 is an original ordinance, or a 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 the
20th day of October, 2003, at which meeting a quorum was present, and has been published or
posted pursuant to law.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 4th day of November, 2003.
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City Clerk of the City of Gilroy
(Seal)