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Ordinance 2015-01ORDINANCE NO. 2015-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING MINOR AMENDMENTS TO GILROY CITY CODE SECTIONS 21.39 AND 21.41 OF CHAPTER 21 ENTITLED "SUBDIVISIONS AND LAND DEVELOPMENT" AND SECTION 30.2.20 OF CHAPTER 30 ENTITLED " GILROY ZONING ORDINANCE" WHEREAS, Gilroy City Code, Chapter 21, Section 21.39 and 21.41 pertain to the filing and actions relating to tentative maps; and WHEREAS, Gilroy City Code, Chapter 30, Section 30.2.20 comprises definitions used throughout the Zoning Ordinance; and WHEREAS, the Planning Commission of the City of Gilroy has considered the zone code amendment request (Z 14 -12), in accordance with the Gilroy Zoning Ordinance, and other applicable standards and regulations; and WHEREAS, the Planning Commission of the City of Gilroy held a public hearing on February 5, 2015 to consider the request and reviewed written materials and oral comments related to the proposed code amendments; and WHEREAS, the City Council of the City of Gilroy held a public hearing on April 6, 2015 to consider the request and reviewed written materials and oral comments related to the proposed code amendments; and WHEREAS, the subject ordinance amendment is covered under Section 15061(b)(3) ofthe California Environmental Quality Act (CEQA) Guidelines as an activity that can be seen with certainty to have no possibility for causing a significant effect on the environment; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Chapter 21, Section 21.39 of the Gilroy City Code "Subdivisions and Land Development" is hereby amended to read as follows: "2139 Filing. Any tentative map submitted for a development within a Neighborhood District or specific plan area shall not be considered to be complete or ready for filing until a completed environmental clearance document for the Neighborhood District or specific plan area has been approved, and determined to be consistent with the proposed map." 4852 - 1827 -20350 -1- ORDINANCE NO. 2015-01 JH104706089 SECTION II Chapter 21, Section 21.41 of the Gilroy City Code, "Action on Tentative Map" is hereby amended to read as follows: "21.41 Action on tentative map. (a) Distribution of the Map. Within thirty (30) days from the date that the tentative map application is accepted as being complete, the secretary of the planning commission shall transmit prints of the tentative map to the city administrator, the director of public works, the director of parks and recreation, the fire chief, private and public utility companies serving the area, school district and to the Santa Clara Valley Water Conservation District, and other agencies which the secretary of the planning commission determines may have direct interest in the tentative map, together with a request for a report and recommendation thereon to be returned within fifteen (15) days of the date of transmittal. These comments shall be incorporated in a report to be presented to the planning commission at a regular or special meeting. (c) Hearing on the Initial Reports, etc.; Recommendations to Planning Commission. On the date set for consideration of the tentative map, the planning commission shall hear the reports and recommendations and shall hear the comments and opinions of the developer and of his engineer. After giving due consideration to all such reports, recommendations, comments and opinions, the planning commission shall prepare its decision and, within sixty (60) days from the date thereof, shall transmit its recommendations, for approval or conditional approval, to the city council. (d) Action by Planning Commission; Statement of Conditional Approval. The planning commission, within fifty (50) days from the date the tentative map application is certified or accepted and complete (except when an environmental review as required in accord with the California Environmental Quality Act) shall recommend approval, conditional approval, or disapprove the map and shall report its action to the developer. In the event of a disapproval of the map by the planning commission, the developer shall be fiunished with a statement of the reason and authority for such disapproval. In the event of a conditional approval, the subdivider shall be furnished with a statement showing what changes are necessary to make the map conform to the requirements of the Subdivision Map Act and of this chapter including recommended conditions of approval. (f) Extension of Time Limit for Action by Planning Commission. The time limit of sixty (60) days for acting on the tentative map may be extended by mutual consent of the subdivider and the planning commission or secretary to the planning commission. If mutual consent cannot be reached, the time limit may be automatically to the next regularly scheduled meeting of the Planning Commission. (g) Failure of Planning Commission to Act Deemed Recommendation for Approval. If no action is taken by the planning commission within the time limits as specified in Section 21151.5 of the Public Resources Code, the tentative map as filed shall be deemed to be recommended for approval and it shall be the duty of the clerk of the city council to certify the recommended approval and submit the tentative map to the city council for their review and action. 4852 - 1827 -20350 _2- ORDINANCE NO. 2015-01 JH104706089 (h) Appeal to City Council. If the developer is dissatisfied with any action of the planning commission with respect to the tentative map or the kinds, nature and extent of the improvements recommended by the advisory agency to be required, he may, within ten (10) days after such action, appeal to the city council for a public hearing thereon. The city council shall hear the appeal, upon notice to the developer and the planning commission, unless the developer consents to a continuance, within thirty (30) days or at its next succeeding regular meeting. At the time fixed for the hearing, the city council shall proceed to hear the testimony of the developer or any witnesses on his behalf and the testimony of the representatives of the planning commission or any witnesses on its behalf. It may also hear the testimony of other competent persons respecting the character of the neighborhood in which the development is to be located, the kinds, nature, and extent of improvements, the quality or kinds of development to which the area is best adapted and any other phase of the matter with respect to which it may desire to inquire into. Upon conclusion of the hearing, the city council shall within fifteen (15) days declare its findings based upon the testimony produced before it. It may sustain, modify, reject or overrule any recommendations or rulings of the planning commission and may make such findings as are not inconsistent with the provisions of this chapter and of the Subdivision Map Act." SECTION III Chapter 30, Section 30.2.20 of the Gilroy City Code, "Definitions" is hereby amended to read as follows: "30.2.20 Defimitions. For the purpose of this chapter certain terms used herein are defined as follows: "Bar" means an establishment or part of an establishment used primarily for the sale of alcoholic beverages to be consumed on the premises. "Boarding house" means a building or portion thereof, other than a hotel, where lodging for three (3) or more persons are provided for compensation or profit. "Freestanding sign" means a sign which is wholly or partly supported by a structural element which is not an integral part of a building. "Master plan" means the development plan for a project submitted under a planned unit development (PUD) process, with completed CEQA (California Environmental Quality Act) analysis, reviewed by the planning commission review and adopted by the city council. "Window" means an opening constructed in a wall that functions to admit light or air to an enclosed structure, and is often framed and spanned with glass mounted to permit opening and closing. Mullions may be present, decoratively or structurally, as part of a mullioned window. "Window sign" means a sign which is displayed on or located behind and within one -foot of a window, and is visible from a street, walkway, parking lot, or pedestrian plaza, any of which is accessible to the public." 4852 - 1827- 2035YI -3- ORDINANCE NO. 2015 -01 JH104706089 SECTION IV 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. SECTION V Pursuant to Section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption. PASSED AND ADOPTED this 4t' day of May, 2015, by the following roll call vote: AYES: COUNCILMEMBERS: AULMAN, BRACCO, LEROE- MUNOZ, TUCKER, VELASCO, WOODWARD and GAGE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST:' ,,-_wna Freels, City Clerk 4852- 1827 -20350 JH104706089 NONE NONE APPROVED: Donald Gage, Mayor 4- ORDINANCE NO. 2015-01 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2015 -01 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 4t' day of May, 2015, 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 5t' day of May, 2015. City Clerk of the City of Gilroy (Seal)