Resolution 1980- 23
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RESOLUTION NO. 80-23
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY
REVERSING IN PARTON APPEAL RESOLUTION NO. 80-1
OF THE PLANNING COMMISSION DENYING A CONDITIONAL
USE PERMIT FOR A RESIDEtITIAL HOME CARE FACILITY
IN AN Rl ZONE.
WHEREAS, MARY ELLEN VELASQUEZ has filed an appeal in due
form from Resolution No. 80-1 of the Planning Connnission of the
City of Gilroy denying a conditional use permit to operate a
residential home care facility for elderly persons at 405 Polk Court,
in the City of Gilroy, and notice of the hearing of said appeal has
been given in the manner required by law and the Zoning Ordinance of
the City of Gilroy; and
WHEREAS, the said hearing on the appeal has been held on
March 3, 1980, at 8:00 p.m. in the Council Chambers in the City Hall
at 7390 Rosanna Street, Gilroy, California, and evidence was sub-
mitted upon the said application and appeal from the findings of the
Planning Commission, the City Council finds:
(1) That the proposed use is preempted by Section 5116
of the State Welfare and Institutions Code which provides that no
local authority may deny a state licensed care facility for six or
fewer persons in a residential area by reason of zoning regulations;
and
(2) That the denial of a sign for such a facility in a
residential area is proper;
WHEREAS, the Planning Commission did not have jurisdiction
to grant or deny a use permit for a care facility in a residential
area due to preemption;
RESOLUTION NO. 80-23
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BE IT RESOLVED that Planning Commission Resolution
No. 80-l is reversed as to denying a residential home care facility,
but that no sign shall be permitted.
PASSED AND ADOPTED this 3rd day of March, 1980 by the
following vote:
AYES:
COUNCILMEMBERS : ALBERT, CUNNINGHAM, HUGHAN,
LINK, PATE, TAYLOR and GOODRICH
COUNCILMEMBERS: NONE
COUNCILMEMBERS : NONE
NOES:
ABSENT:
APPROVED:
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Mayor
ATTEST:
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RESOLUTION NO. 80-23
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I. SI1SAJ-lNE E. Sl'E ImlETZ, City Clerk of the City of Gilroy,
do hereby certify that the attached Resolution No. 80-23 1. can
oriGin~l re~olution, July auopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 3rd
dllY of
March
. l~~, at \ihich meeting a quorum was
preB~nt.
ItJ W!T~JJ::SS "JllEREOF. I have hereWlto aet my hand and affixed
the Official :J~al of the City of (alroy, thi8 6th day of
March It) 80