Ordinance 2006-20ORDINANCE NO. 2006 -20
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING Z 06 -08 AMENDING SECTION 46.40 OF THE GILROY ZONING
ORDINANCE TO CONFORM TO SECTION 65915 OF THE CALIFORNIA
GOVERNMENT CODE
WHEREAS, the City of Gilroy submitted application Z 06 -08 to amend Section 46.40 of
the Zoning Ordinance to conform to section 65915 of the California Government Code; and
WHEREAS, the California Environmental Quality Act of 1970, as amended, ( "CEQA "),
provides that if it can be seen with certainty, as here, that there is no possibility that said Zoning
Ordinance amendment may have a significant effect on the environment, then said amendment is
exempt from the requirements of CEQA pursuant to the provisions of Section 15061(b)(3) of the
CEQA Guidelines; and
WHEREAS, the Planning Commission held a duly noticed public hearing on September
7, 2006, at which time the Planning Commission considered the public testimony, the staff
reports dated September 7, 2006, and all other documentation related to application Z 06 -08, and
recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on September 18, 2006,
at which time the City Council considered the public testimony, the staff report dated September
7, 2006, and all other documentation related to application Z 06 -00, 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
The City Council hereby finds:
A. The proposed Zoning Ordinance text amendment is consistent with the intent of the goals
and policies of the City of Gilroy's General Plan, particularly the Housing Element; and
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B. There is no substantial evidence in the entire record that the proposed Zoning Ordinance
text amendment will create any significant environmental impacts; and
C. Section 65915 of the California Government Code requires California cities, counties,
and cities and counties to adopt an ordinance that complies with its density bonus
provisions. The proposed Zoning Ordinance text amendment will bring the Zoning
Ordinance into compliance with section 65915 of the California Government Code as
amended.
SECTION II
Based on the above findings, zoning application Z 06 -08 is hereby approved, and section
46.40 of the Gilroy Zoning Ordinance, entitled "Density Exceptions," is amended to read as
follows:
Section 46.40 Density Exceptions
All residential developments shall comply with the density restrictions for the applicable zoning
district as set forth in this Ordinance. However, the City shall grant a residential density bonus
over the otherwise maximum allowable residential density for the applicable zoning district in
accordance with section 65915 of the California Government Code.
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
any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared
unconstitutional.
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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 16th day of October, 2006, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA,
GARTMAN, VALIQUETTE, VELASCO,
and PINHEIRO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
ert Pinheiro, Mayor
ATTEST:
Rhonda Pellin, City Clerk
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Ordinance No. 2006 -20
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2006 -20 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
16th day of September, 2006, 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 25th day of October, 2006.
City derk of the City of Gilroy
(Seal)