Ordinance 2013-02ORDINANCE NO. 2013-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING:
(1) THE TEXT OF THE DOWNTOWN GILROY
SPECIFIC PLAN TO ESTABLISH A MINIMUM DENSITY
OF 20 UNITS PER ACRE FOR THE RESIDENTIAL
PORTION OF MIXED USE PROJECTS IN THE HISTORIC,
CANNERY AND EXPANSION DISTRICTS; AND
(2) THE TEXT OF THE GILROY ZONING ORDINANCE
TO ESTABLISH A MINIMUM DENSITY OF 20 UNITS PER
ACRE IN THE R -4 HIGH DENSITY RESIDENTIAL
ZONING DISTRICT AND FOR THE RESIDENTIAL
PORTION OF MIXED USE PROJECTS IN THE HISTORIC,
CANNERY AND EXPANSION DISTRICTS
WHEREAS, the California Constitution, article XI section 7, confers on the City of
Gilroy ( "City ") the power to make and enforce within its limits all local, police, sanitary and
other ordinances and regulations not in conflict with general laws; and
WHEREAS, the City initiated four applications for it proposed Phase I of implementation
of the Housing Element of the City's General Plan; and
WHEREAS, the four applications are General Plan Map Amendment GPA 12 -01
(Amendment to the General Plan Map), Zoning Amendment Z 12 -06 (Amendment to the Zoning
Ordinance Text), Zoning Amendment Z 12 -07 (Amendment to the Zoning Map) and Zoning
Amendment Z 12 -08 (Amendment to the Downtown Specific Plan) ( "Project "); and
WHEREAS, the Downtown Gilroy Specific Plan adopted by the City Council on April
17, 2006 ( "Downtown Specific Plan"), restricts several uses in the downtown core, and the
proposed amendment (Z 12 -08 /Specific Plan Amendment) will establish a minimum density of
20 units per acre for the residential portion of mixed use projects in the Historic, Cannery and
Expansion Districts in the Downtown Specific Plan area; and
WHEREAS, the proposed Gilroy Zoning Ordinance Amendments (Z 12 -06 /Text
Amendment) will amend the R -4 zoning regulations to establish the density range of 20 to 30
units per acre and establish a minimum density of 20 units per acre for the residential portion of
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mixed use projects in the Historic, Cannery and Expansion Districts in the Downtown Specific
Plan area; and
WHEREAS, the proposed amendments to the Downtown Specific Plan and Gilroy
Zoning Ordinance are consistent with the City's General Plan, as amended by GPA 12 -01,
because they provide a means to implement Phase I of the Housing Element by providing
adequate areas available for high density residential housing, which may also provide sites for
affordable residential housing; and
WHEREAS, the Planning Commission held a duly noticed public hearing on January 10,
2013, at which time the Planning Commission considered the public testimony, the staff report
dated January 10, 2013, ( "Staff Report"), and all other documentation related to the Project, and
recommended that the City Council approve said the proposed amendments to the Downtown
Specific Plan and Gilroy Zoning Ordinance; and
WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "), the City
Council on January 28, 2013, adopted a mitigated Negative Declaration for the Project finding
that it was completed in compliance with CEQA, that it reflects the independent judgment of the
City, and that there is no substantial evidence in the record that the project as mitigated will have
a significant effect on the environment; and
WHEREAS, the City Council held duly noticed public hearing on January 28, 2103, at
which time the City Council considered the public testimony, the supplemental staff report dated
January 28, 2013, the Staff Report, and all other documentation related to the proposed
amendments to the Downtown Specific Plan and Gilroy Zoning 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
The City Council hereby finds:
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A. The proposed amendments to the Downtown Specific Plan and Gilroy Zoning
Ordinance are consistent with the City's General Plan, as amended by GPA 12 -01, because they
provide a means to implement Phase I of the Housing Element by providing adequate areas
available for high density residential housing, which may also provide sites for affordable
residential housing.
B. The adoption of the proposed amendments to the Downtown Specific Plan and
Gilroy Zoning Ordinances will not be detrimental to the public welfare or injurious persons or
property in the vicinity.
C. There is no substantial evidence in the record that the adoption of the proposed
amendments to the Downtown Specific Plan and Gilroy Zoning Ordinance with the required
mitigations will cause any significant environmental impacts.
SECTION II
Based on the above findings, the Downtown Gilroy Specific Plan, Chapter V, entitled
"Districts, Land Use, and Development Standards," the "Permitted Uses Table," Table 5.2,
Footnote 2, page 59, is hereby amended to read as follows:
"Residential units may be allowed in conjunction with an existing
business. All residential unit projects within commercial zones
shall comply with the following guidelines:
a. The number of residential units shall not compromise the quality
or character of any existing or proposed businesses located on the
same property;
b. The number of residential dwellings shall be limited by the
availability and provision of off - street parking stalls or as allowed
by ordinance;
c. All bedrooms proposed for residential use shall meet minimum
square footage requirements in compliance with the Uniform
Building Code; and
d. Open space shall be provided, when feasible.
(e) Notwithstanding subsections (a) and (b) above, the minimum
residential density in the DHD, DED and CD districts shall be 20
units per acre."
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SECTION III
Based on the above findings, the Downtown Gilroy Specific Plan, Chapter V, entitled
"Land Uses," entitled "DOWNTOWN HISTORIC DISTRICT CHARACTER" page 63, is
hereby amended to include the following standard:
"INTENSITY
Non Residential and/or Mixed -Use Projects
Max FAR: 2.5 FAR
The minimum density for the residential component of mixed use
projects is twenty dwelling units per acre."
SECTION IV
Based on the above findings, the Downtown Gilroy Specific Plan, Chapter V, entitled
"Districts, Land Uses, and Development Standards," subsection entitled "DOWNTOWN
EXPANSION DISTRICT CHARACTER" page 69, is hereby amended to include the following
standard:
"INTENSITY
Non Residential and/or Mixed -Use Projects
Max FAR: 2.5 FAR
The minimum density for the residential component of mixed use
projects is twenty dwelling units per acre."
SECTION V
Based on the above findings, the Downtown Gilroy Specific Plan, Chapter V, entitled
"Districts, Land Uses, and Development Standards," subsection entitled "DOWNTOWN
CANNERY DISTRICT CHARACTER" page 89, is hereby amended to include the following
standard:
"INTENSITY
Non Residential and/or Mixed -Use Projects
Max FAR: 2.5 FAR
The minimum density for the residential component of mixed use
projects is twenty dwelling; units per acre.
Stand Alone Residential
MaK-Density: 20 to 40 du/ac."
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SECTION VI
Based on the above findings, Section 8.40 of the Gilroy Zoning Ordinance, entitled
"Density" is amended to read as follows:
"The minimum site area shall be one (1) dwelling unit per one
thousand four hundred fifty two (1,452) square feet up to a
maximum site area of two thousand seven hundfed twenty one
hundred seventy eight (2,178) square feet per unit."
SECTION VII
Based on the above findings, Section 14.13 of the Gilroy Zoning Ordinance, entitled
"Density" is amended to read as follows:
"The Downtown Historic District (DHD) allows commercial and
mixed use projects. Commercial and mixed use projects have a
maximum floor area ratio (FAR) of 2.5. The minimum density for
the residential component of mixed use projects is twenty dwelling
units per acre."
SECTION VIII
Based on the above findings, Section 14.23 of the Gilroy Zoning Ordinance, entitled
"Density" is amended to read as follows:
"The Downtown Expansion District (DED) allows commercial and
mixed use projects. Commercial and mixed use projects have a
maximum floor area ratio (FAR) of 2.5. The minimum density for
the residential component of mixed use projects is twenty dwelling
units per acre."
SECTION IX
Based on the above findings, Section 14.53 of the Gilroy Zoning Ordinance, entitled
"Density" is amended to read as follows:
"The Cannery District (CD) is composed of commercial and mixed
use projects and stand alone residential projects. Commercial and
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mixed use projects have a maximum floor area ratio (FAR) of 2.0.
The minimum density for the residential component of mixed use
projects is twenty dwelling units per acre. Stand alone residential
projects are at most must develop at a density ranging from 20 to
40 dwelling units per acre (du/ac)."
SECTION X
Based on the above findings, Section 19.13(b) of the Gilroy Zoning Ordinance, entitled
"Commercial Use Table (Specific Plan Districts)" footnote 2, is amended to read as follows:
"All residential unit projects within commercial zones shall comply with the following
guidelines:
(a) The number of residential units shall not compromise the
quality or character of any existing or proposed businesses
located on the same property;
(b) The number of residential dwellings shall be limited by the
availability and provision of off street parking stalls or as
allowed by ordinance;
(c) All bedrooms proposed for residential use shall meet
minimum square footage requirements in compliance with the
Uniform Building Code; and
(d) Open space shall be provided, when feasible.
(e) Notwithstanding subsections (a) and (b) above, the minimum
residential density in the DHD, DED and CD districts shall be 20
units per acre."
SECTION XI
The proposed amendments to the Downtown Specific Plan and Gilroy Zoning Ordinance
will be effective if, and only if, GPA 12 -01 is approved.
SECTION XII
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, the validity of the remaining portion of this Ordinance shall not be affected thereby.
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SECTION XIII
Pursuant to section 608 of the Charter of the City of Gilroy, Ordinance shall be in full
force and effect thirty (30) days from and after the date of its adopted.
PASSED AND ADOPTED this 4th day of February, 2013 by the following roll call vote:
AYES: COUNCILMEMBERS: ARELLANO, AULMAN, BRACCO,
LEROE- MUNOZ, TUCKER and GAGE
NOES: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: WOODWARD
APPROVED:
i
Donald Gage, Mayor
ATTEST
f
Sha- yr a Freels, City
I
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I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2013 -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 the 4th day of February, 2013, 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 5th day of February, 2013.
City Clerk of the City of Gilroy
(Seal)