Ordinance 1981-21ORDINANCE NOo 81-21
AN ORDINANCE OF THE CITY OF GILROY PROVIDING REGU-
LATION TO DIRECT AND MANAGE THE RATE AND LOCATION
OF NEW INDUSTRIAL DEVELOPMENT WITHIN THE CITY.
THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS
FOLLOWS:
Section
Findinss
A. The historically slow rate of new industrial development in Gilroy relative
to housing development requires that employment be generated in order to
attain a balanced community. However, due to the large supply of industri-
ally zoned land, this employment generation cannot go unrestrained if a
balanced community is to be maintained.
B. Unrestrained industrial growth may seriously impair the City's ability to
accomplish the goals of the General Plan and the General Plan Elements.
C. The City's ability to provide continued and adequate services and amenities
such as, water supply, storm drainage, police protection, fire protection,
recreational areas, and streets will be seriously impaired if the City
grows too rapidly.
D. Gilroy has a surplus of housing for' the number of people currently employed
in Gilroy. These homes are occupied by residents who work in areas outside
Gilroy, primarily in the San Jose area. The resulting commute pattern
yields traffic congestion, air pollution and wasted time and energy.
E. The City has a large supply of industrially-designated land which has been
off the market and has remained vacant for substantial periods of time.
F. Most of Gilroy's economic base is local-serving (as opposed to basic pro-
duction for larger market areas). However, the demand is currently grow-
ing for site locations for basic industries.
G. The public welfare requires the establishment of industrial development re-
view to direct and manage the rate and location of new industrial develop-
ment within the City of Gilroy.
H. The City of Gilroy has a long history and tradition since its founding in
1870, during which the City has gradually grown in population. Throughout
most o~ its history, Gilroy has had primarily a local agricultural econo-
mic base. In the last several decades, related manufacturing and ware-
housing uses have developed, as well.
I. Any increase in the Gilroy population of school age children will strain
the ability of the Gilroy Unified School District to provide adequate edu-
cation.
J. The City's capability to provide adequate sewage capacity for industrial
uses is currently limited and will continue to be limited for the fore-
seeable future.
The Zoning Ordinance alone cannot provide comprehensive review procedures
which would ensure efficient use of City services and protection of the en-
vironment of the City.
Section 2 Statement of Intent
Implement the City of Gilroy's General Plan Urban Growth and Development
policies that a balanced community of industrial, commercial and residen-
tial development is desired and will be actively pursued.
ORDINANCE NO. 81-21 -1-
B. Provide a sound, steady economic base for the City and encourage a regular
rate of growth which will not exceed the City's ability to provide adequate
and efficient public services (including sewer, water, police, fire, streets,
parks, general administration, etc.) or the ability of Gilroy's housing sup-
ply to house new workers.
C. Maintain and improve the quality of the environment considering the City's
natural setting, including hillsides, water courses, viable agricultural/
open lands, recreational, historic and scenic areas.
D. Provide local employment alternatives for Gilroy residents skilled in basic
production industries who are unable to find work locally, thereby reducing
unnecessary commutes and preserving energy and air quality.
E. Provide alternatives for unskilled Gilroy residents in order to reduce the
unemployment level.
Section 3
Ao
Application
The provisions of this ordinance shall apply to all industrial development
proposed to be constructed within industrially-zoned districts in the City
of Gilroy, except for those industrial developments specifically listed as
exempt in Paragraph B following.
The following types of industrial projects are exempted from the provisions
of this ordinance. Such projects, however, shall be processed in accor-
dance with all other applicable ordinances and regulations.
1. Replacement buildings for substandard industrial buildings.
2. Industrial buildings, existing in Gilroy City limits, being relocated
to another location.
3. Any expansion of existing industrial development or new industrial de-
velopment which occupies, or may be expanded to occupy, no more than
3 acres.
4. Buildings for Federal, State or local governmental agencies.
5. Industrial projects exempt from Architectural and Site Approval Com-
mittee review.
6. Existing industries in Gilroy relocating facilities and employment to
new facilities in Gilroy.
Section 4 Annual Jobs/Housing Balance Evaluation
A. Criteria for Setting New Employment Limits
Once each year, (in conjunction with the setting of the three-year Numerical
Limits for housing) the City Council shall consider economic conditions, avail-
ability of public services, environmental constraints, available housing, unem-
ployment levels, traffic patterns, and other studies relevant to the industrial
development program. Based on these studies, the Council shall establish the
amount of new employment in the subsequent three years which the City can sus-
tain without creating a jobs/housing imbalance. Industrial development approv-
als issued by the City in any given year shall not allow more new employment
than the employment limit adopted as a maximum for that year.
B. Procedure for Setting New Employment Limits
1. At the first regular meeting of the City Council in April of each year, con-
current with the establishing of a Numerical Limit for the Residential Devel-
opment Ordinance, the City Council shall adopt a resolution setting the New
Employment Limits for Industrial Development for the following three calendar
years. Consideration of and adoption of the New Employment Limits for indus-
trial development shall be done at a duly noticed public hearing. If neces-
sary, due to lack of time, the City Council may continue the public hearing
to the subsequent meeting. Said resolution shall set forth the findings sup-
porting the determination of the New Employment Limits for industrial develop-
ment.
ORDINANCE NO. 81-21 -2-
2. The New Employment Limits for industrial development adopted each year shall
cover the succeeding three (3) years. At each subsequent yearly setting of
New Employment Limits, the following two (2) year limits may be adjusted and
set, and a new third year limit shall be established.
3. At any time during the year, the City Council may adopt a resolution permit-
ting a special exception to the New Employment Limits for that calendar year
only. Such a special exception to the New Employment Limits for any calen-
dar year shall be approved only when the City Council finds and determines
that such an exception is necessary to maintain a balance of jobs to housing
in Gilroy, and that the special exception will not adversely affect the City's
ability to provide services.
C. Monitoring of New Employment Levels
All {ndustrial developments, subject to this ordinance, shall be required to
submit an accurate estimate of total permanent and temporary employment gen-
erated by the development. Estimates shall be required on all applications
for architectural and site review. In addition, all industrial businesses,
except those exempted by Section 3.B. of this ordinance, shall submit an ac-
curate count of all permanent and temporary employees during the previous
year with each annual business license application or renewal.
D. Implementation of New Employment Limits
All industrial development projects which are subject to this ordinance shall
be processed in accordance with the provisions of the zoning ordinance until
the New Employment Limit is reached in any calendar year. The New Employment
Limit shall be reached when the total of the employee estimates for new in-
dustrial and manufacturing facilities is equal to or greater than the New Em-
ployment Limit. The City Council may assign a build-out schedule for up to
three (3) years for any industrial development approved under the provisions
of this ordinance. No architectural review or building permits shall be is-
sued for industrial projects, during the calendar year, once industrial ap-
plications exceeding the New Employment Limit have been received, except those
which are exempt under the provisions of Section 3.B. of this ordinance. Ap-
plications for splitting, consolidating or rezoning industrial parcels shall
not be affected by the provisions of this ordinance.
PASSED AND ADOPTED THIS 6th day of July, 1981, by the
following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
ALBERT, HUGHAN, LINK, PATE,
TAYLOR and GOODRICH
COUNCILMEMBERS: NONE
COUNCILMEMBERS: CUNNINGHAM
APPROVED:
/ / City~k
ORDINANCE NO. 81-21 -3-
I, SUSANNE Eo STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance NOo' 81-21. is an
original ordinance, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the~ 6th
day of .. . July ., 19 81 , at which meeting a quorum was
pres ent o
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the Official Seal of the City of Gilroy, this 17th · day of
~, July , 19 81 .
/City Cie~k of the Cfty o Gilroy ~--