Ordinance 2004-10
ORDINANCE NO. 2004-10
AN ORDINANCE OF THE CITY OF GILROY TO AMEND THE
CITY'S ZONING ORDINANCE SECTION 40.20, PERTAINING
TO PERMITTED USES FOR HOME OCCUP A nONS,
SUBSECTION (A) REGARDING EMPLOYEES
WHEREAS, Mark Zappa, the applicant, submitted application Z 04-03, requesting to
amend the text of Section 40.20(a) to allow up to two employees to work in each home
occupation; and
WHEREAS, the City of Gilroy proposed a text amendment to Zoning Ordinance section
40.20( a) to allow one (1) employee per home occupation and to require that any employee park
in the driveway of the home or on a paved on-site parking space; and
WHEREAS, the City of Gilroy has determined that the review and approval of an
application for a Zoning Ordinance text amendment to allow for an employee in a home
occupation is not an activity that may cause a direct physical change or an indirect physical
change to the environment and therefore is not a "proj ect" for the purposes of review pursuant to
the California Environmental Quality Act; and
WHEREAS, this request is in conformance with General Plan Policy 3.0l, which
promotes support for the development, retention, and expansion of small- and medium-size
businesses; and
WHEREAS, the Planning Commission reviewed application Z 04-03 and held a duly
noticed public hearing on May 6, 2004, and thereafter voted to recommend approval of the
proposed amendment; and
WHEREAS, the City Council reviewed application Z 04-03 and all documents relating
thereto, including the Staff Report dated April 28, 2004, and a Supplemental Staff Report dated
May 11,2002, and took oral and written testimony at its duly noticed public hearing on June 7,
2004; 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.
SECTION I
NOW, THEREFORE, the City Council hereby finds:
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Ordinance No. 2004-10
A. The proposed Zoning Ordinance text amendment is in conformance with the Gilroy
General Plan and is consistent with the intent of the goals and policies of the General Plan.
B. The proposed Zoning Ordinance text amendment will not be detrimental to the
public welfare or injurious to persons or property in the City.
SECTION II
Based on the above findings and the evidence in the record, THE CITY COUNCIL
DOES HEREBY ORDAIN AS FOLLOWS:
Zoning application Z 04-03 is hereby approved as modified, and the Gilroy Zoning
Ordinance Section 40.20, entitled Permitted Uses for Home Occupations, subsection (a) is
hereby amended to read as follows:
(a) Only the residents occupying the dwelling unit and one employee may
engage in a home occupation. If there is an employee, that employee must
be parked in the driveway of the home or on a paved on-site parking space
which is in accordance with City regulations.
SECTION III
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.
SECTION IV
This Ordinance shall be in full force and effect thirty (30) days after the date of its
passage and adoption.
PASSED AND ADOPTED this 21 st day of June, 2004, by the following vote:
AYES: COUNCILMEMBERS:
CORREA, DILLON, GARTMAN, MORALES,
V ALlQUETTE, and PINHEIRO
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Ordinance No. 2004-l0
NOES: COUNCILMEMBERS: VELASCO
ABSENT: COUNCILMEMBERS: NONE
ATTEST:
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Rhonda Pellin, City Clerk
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Ordinance No. 2004-10
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2004-10 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
21 st day of June, 2004, 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 29th day of June, 2004.
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City Clerk of the City of Gilroy
(Seal)