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Ordinance 2018-08ORDINANCE NO. 2018-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING ZONE CHANGE Z 18 -02, A LOCAL HISTORIC DESIGNATION FOR THE MILLER RED BARN LOCATED AT CHRISTMAS HILL PARK (APN 808 -18 -022) IN ACCORDANCE WITH GILROY CITY CODE SECTION 30.27.30 WHEREAS, the California Constitution, Article X1, 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 Council adopted Gilroy City Code Article 30.27: (1) To preserve historic sites and neighborhoods that represent important elements of Gilroy's past or contribute to the community's identity or educational resources; (2) To enhance the visual character of Gilroy by encouraging and regulating the compatibility of architectural styles within historic sites and neighborhoods; (3) To identify and designate areas that have a significant concentration or continuity of sites, buildings or objects unified by past events or physical development; and (4) To encourage restoration of historic buildings and neighborhoods throughout the city. WHEREAS, pursuant to Gilroy City Code Section 30.27.30 the City desires to designate the Miller Red Barn as a Local Historically Significant building site by adopting zoning ordinance Z 18 -02; WHEREAS, on February 21, 2018, the Historic Heritage Committee held a duly noticed public hearing and considered the public testimony, the staff report dated February 21, 2018 and all other documentation related to the request to have the Miller Red Barn designated as a Local Historically Significant building site and made its recommendation to the Planning Commission; WHEREAS, on April 19, 2018, the Planning Commission held a duly noticed public hearing and considered the public testimony, the staff report dated April 19, 2018, and all other documentation related to the request to have the Miller Red Barn designated as a Local Historically Significant building site and made its recommendation to the City Council; WHEREAS, on May 21, 2018, the City Council held a duly noticed public hearing and considered the public testimony, the staff report dated May 21, 2018, and all other documentation related to the request to have the Miller Red Barn designated as a Local Historically Significant building site; and WHEREAS, Z 18 -02 is exempt from environmental review pursuant to section 15061(b)(3) of the State Guidelines implementing the Environmental Quality Act of 1970, as amended 4649- 9362 -03230 JH104706069 ORDINANCE NO. 2018-08 2 because there is no possibility that the activity in question may have a significant effect on the environment; WHEREAS, the location and custodian of the documents or other materials that constitute the record of proceedings upon which Z 18 -02 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 finds that: 1. The proposed Z 18 -02 is consistent with the City's General Plan designation of the Miller Red Barn building site as a Park and Recreational use and with intent of the goals and policies of Historic Preservation, Preservation Funding and Incentives and Historic Character. 2. The proposed Z 18 -02 will not be detrimental to the public welfare or injurious to persons or property in the vicinity. SECTION II Z 18 -02 is approved and the Miller Red Barn is hereby designated as a Local Historically Significant building site. 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, the validity of the remaining portion of this Ordinance shall not be affected thereby. SECTION IV 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. 4849-9362 -03230 JH104706089 ORDINANCE NO. 2018-08 3 PASSED AND ADOPTED this 18th day of June, 2018, by the following roll call vote: AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, HARNEY, LEROE- MUNOZ, TOVAR and VELASCO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS ATTEST: oq S uzze a, eputy City Clerk TUCKER 362-0323v1 M04706089 ORDINANCE NO. 2018 -08 JH1047 I, SUZANNE GUZZETTA, Deputy City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2018 -08 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 18th day of June, 2018, 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 19th day of June, 2018. Deputy CiN `Clerk of the City of Gilroy (Seal)