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Ordinance 2019-07ORDINANCE NO.2019-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE GILROY CITY CODE BY ADDING A NEW SECTION 30.50.70 ENTITLED " RIGHT TO DOWNTOWN OPERATIONS" WHEREAS, pursuant to California Constitution article XI, section 7, and the City Charter, section 600, the City Council has the authority to enact and enforce within its limits ordinances and regulations not in conflict with general laws, which promote the public health, safety, and general welfare of its residents; and WHEREAS, the City seeks to promote the continued growth, vibrance, and vitality of the businesses and operations in the Downtown Specific Plan area; and WHEREAS, the City finds that requiring a deed notification as a condition of approval of any discretionary development permit, that notifies existing and future property owners, tenants, and users of such real property in the Downtown Specific Plan area of the inconveniences and impacts they may experience from lawful and permitted Downtown uses and activities, including but without limitation loud noises, odors, and traffic congestions, will help to achieve this objective; and WHEREAS, the City also finds that recordation of such notice, and the requirement that the notice be provided to transferees, as defined in this Ordinance, will reduce potential conflict and dispute between property owners, tenants, and users of real property in the Downtown Specific Plan area, and businesses or entities engaging in lawful Downtown operations, as defined in this Ordinance; and WHEREAS, the City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA," Public Resources Code sections 21000 et seq), because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and it does not have the potential to result in a physical change to the environment, directly or indirectly (Title 14, Chapter 3 of the California Code of Regulations "CEQA Guidelines," sections 15060(c)(2) and (3)). -1- 4842-2384-8584u5 ORDINANCE NO.2019-07 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Chapter 30, of the Gilroy City Code entitled "Zoning Ordinance" is hereby amended by adding Section 30.50.70, relating to permitted uses and operations in the Downtown Specific Plan area. Except as provided herein, no other amendments, deletions or additions are made to Chapter 30 of the Gilroy City Code. 30.50.70 Right to Downtown Operations (a) Purpose. (1) Notify property owners, tenants and users of property within the Downtown Specific Plan area of the vibrant, active Downtown environment, the revitalization efforts and public improvements occurring Downtown, the special events and community and business activities that are part of the vitality of the Downtown, and the expectations and responsibilities associated with owning, purchasing, renting or making other use of property within a vibrant, active downtown environment; (2) Protect all permitted uses from potential conflicts with one another due to the inherent impacts and inconveniences associated with permitted operations in the Downtown Specific Plan area; (3) Promote a good neighbor policy between uses operating in the Downtown Specific Plan area by advising purchasers, tenants and users of property of the potential impacts associated with such purchase, occupation, operation or use including, but not limited to, sounds, odors, traffic, light and glare, pedestrian activity, music, festivals, street construction and closures, traffic rerouting, railroad operations, outdoor sales, trash and recycling collection activities, 24- hour activity and other permitted uses that may occur within the Downtown Specific Plan area, so that such purchasers, tenants and users will understand, acknowledge, and be prepared to accept, such impacts; (4) Encourage the use of dispute resolution, rather than expensive court proceedings, to amicably resolve any complaints about Downtown operations; and (5) Promote ongoing communication between all property owners, tenants and users of property within the Downtown Specific Plan area. (b) Definitions. (1) "Downtown operations" means any activity, use, facility or operation associated with a permitted temporary or permanent use occurring within the boundaries of the Downtown Specific Plan, as well as any lawful public uses. Downtown -2- 4842-2384-8584v5 ORDINANCE NO. 2019-07 operations and their associated impacts include, but are not limited to, the following: • Music, dancing, singing, and voices associated with permitted uses and Downtown activities; • Odors associated with operation of restaurants and other businesses; • High levels of traffic and traffic congestion; • Increased vehicular traffic from special events and other activities; • Street construction, closures and traffic re-routing, including exclusion of vehicle access during certain times due to festivals, parades or other special events; • Railroad operations, including increased rail activity associated with passenger rail operations; • Outdoor sales of merchandise and outdoor restaurant seating; • Festivals, parades and/or cultural events which may result in gatherings of large groups of people, street closures, parking impacts, noise, odors and other impacts; • Increased levels of pedestrian activity; • Operation of delivery trucks and vans, trash and recycling collection trucks, and other such vehicles; • Impacts associated with artists' studios and spaces, including noise, odors, and vibration; • General increases in activity levels occurring on a 24-hour basis, including increases in noise and other impacts during late night and early morning hours; • High levels of nighttime lighting and illumination; • Trash collection, including trash collection before 6:00 a.m. (2) "Downtown" or "Downtown Specific Plan area" means the land within the boundaries identified by the Gilroy Downtown Specific Plan, as the same may be amended from time to time. (3) "Notice of Right to Downtown Operations" means that notice required pursuant to section (e) of this Ordinance. (4) "Person" means any person, firm, association, organization, partnership, business trust, corporation or company. (5) "Property" means any real property located within the Downtown Specific Plan area limits, including property intended for residential, commercial, business, public purposes and other uses. (6) "Tenant" means any person holding a written or an oral lease of, or who occupies the whole or a part of such building or land, either alone or with others. (7) "Transfer" means the sale, lease, trade, exchange, rental or gift of property. -3- 4842-2384-8584u5 ORDINANCE NO. 2019-07 (8) "Transferee" means any buyer or tenant of property or person who receives property pursuant to a transfer. (9) "Transferor" means the owner and/or transferor of title of real property or seller's authorized selling agent as defined in Business and Professions Code Section 10130 et seq., or Health and Safety Code Section 18006, or a landlord/sublessor leasing or renting real property to a tenant. (c) Deed Notification Requirements. As a condition of approval of any discretionary development permit, including, but not limited to, tentative subdivision and parcel maps, and conditional use permits relating to property located within the Downtown Specific Plan area, every property owner shall record the deed notification provided in the Notice of Right to Downtown Operations on the property for which the discretionary development permit is issued. This section does not apply to the approval of a temporary use license. The Notice of Right to Downtown Operations shall be included in all subsequent deeds and leases for this property until such time as the property is no longer located within the Downtown Specific Plan area. (d) Notification to Transferees. Every transferor of property, as transferor is defined herein, subject to the requirements of section (c) of this Ordinance, shall upon transfer also provide to any transferee, including without limitation tenants of the property, the Notice of Right to Downtown Operations. The Notice of Right to Downtown Operations may be contained in any form of agreement or contract; however, the notice need be given only once in any transaction. The transferor and transferee shall provide each other with written acknowledgement of delivery and receipt of the notice. (e) Notice of Right to Downtown Operations. The notice provided in this subsection is intended to advise property owners, tenants and users of property within the Downtown Specific Plan area of the inherent impacts and inconveniences associated with purchase, tenancy or use of property in the Downtown Specific Plan area; and the content of the notice herein may from time to time be changed by City Council resolution. Failure to give the notice required by this subsection shall not invalidate any transfer. The notice shall be provided as required by sections (c) and (d) of this Ordinance, and shall read as follows: NOTICE OF RIGHT TO DOWNTOWN OPERATIONS The City of Gilroy permits the operation of a variety of residential, business, cultural, civic and other activities within the Downtown Specific Plan area. You are hereby notified that the property you own, are renting, leasing, using, occupying or acquiring an interest in is located within the Downtown Specific Plan area. You may be subject to impacts, including inconvenience and discomfort, from lawful activities occurring within the Downtown Specific Plan area. Impacts may include, but are not limited to: Noise from music, dancing and voices associated with permitted -4- 4842-2384-8584v5 ORDINANCE NO. 2019-07 Downtown uses and activities, odors associated with restaurants, business operations and special events, traffic congestion, street closures and traffic rerouting, exclusion of vehicle access to certain areas during special events, increased pedestrian activity, trash and recycling collection, including trash and recycling collection before 6 a.m., railroad operations, including rail activity associated with passenger rail operations, outdoor sales of merchandise and outdoor restaurant seating, festivals, parades and other civic and cultural activities, generally high activity levels occurring on a 24-hour basis, including impacts during late night and early morning hours, high levels of lighting and illumination, and noise and other impacts associated with the operation of any permitted use located in the Downtown Specific Plan area. One or more of the inconveniences described above may occur as a result of Downtown operations and activities which are in compliance with existing laws and regulations and accepted customs and standards. If you own, lease, rent or otherwise utilize property within the Downtown Specific Plan area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of owning, living in, operating a business in, or otherwise utilizing an area with a vibrant downtown character. The City of Gilroy's Right to Downtown Operations Ordinance does not exempt Downtown businesses or other participants in Downtown activities from compliance with the law. Should any business or person not comply with appropriate State, Federal or local laws, legal recourse may be possible by, among other ways, contacting the appropriate agency. This notification is given in compliance with Section 30.50.70 of the Gilroy City Code. (f) Compliance With All Applicable Laws. Downtown operations shall comply with all State, Federal and local laws and regulations applicable to the operations, including applicable noise and other operational standards contained in the City's general plan and/or Downtown Specific Plan. Downtown operations that so comply shall not be deemed a nuisance under any applicable law or regulation. (g) Resolution of Disputes. Any dispute or controversy that arises regarding inconveniences or discomforts occasioned by Downtown activities, operations, facilities, or uses should be settled by direct negotiation of the parties involved. Any such dispute or controversy that cannot be settled by direct negotiation of the parties involved should be submitted to a private mediator, a community mediation service, or another agency which provides dispute resolution services prior to the filing of any court action. Any costs associated with negotiation, mediation or dispute resolution pursuant to this section shall be borne by the parties. (h) Designated Contact. Every developer or owner of commercial, residential, or other property within the Downtown Specific Plan area, consisting of two or more residence, business or tenant spaces, shall, as a condition of approval of any discretionary development permit (including, but not limited to, tentative subdivision and parcel maps, and conditional use permits) relating to property located within the Downtown Specific -5- 4842-2384-8584v5 ORDINANCE NO. 2019-07 Plan area, designate an information contact representative. The representative shall be available to disperse information distributed by the City or other public or quasi -public organizations, to tenants or property owners within the development. This role may be undertaken by the property owner, or a representative from a homeowner's association, a property management company or other similar organization. (i) Violation Penalty. Whenever an enforcement officer charged with the enforcement of this code determines that a violation of this article has occurred, the enforcement officer shall have authority to issue an administrative citation to any person responsible for the violation, pursuant to Chapter 6A of this code, and in accordance with the notice requirements and hearing procedure contained herein. The administrative citation shall impose a penalty in an amount set forth in the schedule of penalties established by resolution of the city council. SECTION H If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Gilroy hereby declares that it would have passed and adopted this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. OXOMINE —II] 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 it is adopted. PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 20th day of May, 2019 by the following vote: AYES: COUNCH.MEMBERS: BLANKLEY, BRACCO, LEROE- MUNOZ, MARQUES, TOVAR, TUCKER, AND VELASCO NOES: COUNCILMEMBERS: NONE. ABSENT: COUNCH.MEMBERS: NONE. -6- 4842-2384-8584v5 ORDINANCE NO. 2019-07 AP AATTE Via" Velasco, Mayor uzzetta, Deputy City Clerk -7- 4842-2384-8584v5 ORDINANCE NO. 2019-07 I, SUZANNE GUZZETTA, Deputy City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2019-07 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 20di day of May, 2019, 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 22nd day of May, 2019. Deputy �Jty Clerk of the City of Gilroy (Seal)