Ordinance 1998-02ORDINANCE NO. 98-2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY AMENDING SECTION 18.30 (COMMERCIAL USE
TABLE) OF THE GILROY ZONING ORDINANCE, Z97-07
WHEREAS, the City of Gilroy has submitted application Z97-07 requesting
approval of an amendment to Section 18.30 (Commemial Use Table) of the Gilroy Zoning
Ordinance, as fully described in the Staff Report dated December 10, 1997; and
WHEREAS, the property affected by Z97-07 is within the C1 (Neighborhood
Commercial) and C2 (Central District Commercial) zoning districts within the City of Gilroy; and
WHEREAS, said amendment would allow more than one residential unit in those
districts under certain circumstances if the City approves a Conditional Use Permit; and
WHEREAS, the California Environmental Quality Act ("CEQA") provides a
categorical exemption which applies to this request: Class 5, Section 15305; entitled "Minor
Alterations in Land Use Lhnitations"; and
WHEREAS, the Plauning Commission reviewed application Z97-07 at its duly
noticed public hearing on January 8, 1998 and recommended that the City Council approve
application Z97-07; and
WHEREAS, the City Council reviewed application Z97-07 and all documents
relating thereto and took oral and written testimony at its duly noticed public hearing on January
20,1998; and
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WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this project approval is based is the office of the
City Clerk;
NOW, THEREFORE, the City Council hereby finds:
A. The project is exempt under CEQA as described above.
B. The anlendment to the Zoning Ordinance is in conformance with the
General Plan and is consistent with the intent of the goals and policies of the General Plan.
Based on the evidence in the record and for the reasons expressed in the Staff Report, the
City Council hereby ordains that Section 18.30 of the Zoning Ordinance is amended to read as
follows:
"Section 18.30 (Conxmercial Use Table)
Residential Unit (2nd or 3rd Floor) X5
Residential Unit (w/existing business) X5
-5
More than one residential trait may be allowed upon approval of a Conditional Use Permit
pursuant to Section 50.30. All residential dwelling projects within the C1 and C2 zones
shall comply with rise following guidelines:
The number of residential units shall not compromise the quality or character of any
existing or proposed businesses located on the same property;
The number of residential dwellings shall be limited by the availability and
provision of off-street parking stalls;
All bedrooms proposed for residential use shall meet minimum square footage
requirements in compliance with the Uniform Building Code; and
D. Open space shall be provided, when feasible."
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PASSED AND ADOPTED this 17th day of February, 1998 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ARELLANO, GIFFORD, MORALES,
ROWLISON, SPRINGER, SUDOL, GILROY
NONE
NONE
ATTEST:
R.honda Pellin, City Clerk
APPROVED:
MiKe Gilroy, Mayor
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I, RItONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 98-2 is an original ordinance, duly adopted by the Council of the City of Gilroy at
a regular meeting of said Council held on the 17th day of February, 1998, at which meeting a
quorum was present.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this24th day of February, 1998.
City Clerk of the City of Gilroy
(Seal)