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Ordinance 2004-10 ORDINANCE NO. 2004-10 AN ORDINANCE OF THE CITY OF GILROY TO AMEND THE CITY'S ZONING ORDINANCE SECTION 40.20, PERTAINING TO PERMITTED USES FOR HOME OCCUP A nONS, SUBSECTION (A) REGARDING EMPLOYEES WHEREAS, Mark Zappa, the applicant, submitted application Z 04-03, requesting to amend the text of Section 40.20(a) to allow up to two employees to work in each home occupation; and WHEREAS, the City of Gilroy proposed a text amendment to Zoning Ordinance section 40.20( a) to allow one (1) employee per home occupation and to require that any employee park in the driveway of the home or on a paved on-site parking space; and WHEREAS, the City of Gilroy has determined that the review and approval of an application for a Zoning Ordinance text amendment to allow for an employee in a home occupation is not an activity that may cause a direct physical change or an indirect physical change to the environment and therefore is not a "proj ect" for the purposes of review pursuant to the California Environmental Quality Act; and WHEREAS, this request is in conformance with General Plan Policy 3.0l, which promotes support for the development, retention, and expansion of small- and medium-size businesses; and WHEREAS, the Planning Commission reviewed application Z 04-03 and held a duly noticed public hearing on May 6, 2004, and thereafter voted to recommend approval of the proposed amendment; and WHEREAS, the City Council reviewed application Z 04-03 and all documents relating thereto, including the Staff Report dated April 28, 2004, and a Supplemental Staff Report dated May 11,2002, and took oral and written testimony at its duly noticed public hearing on June 7, 2004; and 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. SECTION I NOW, THEREFORE, the City Council hereby finds: IGB01624904.1 01-052404-04706002 -1- Ordinance No. 2004-10 A. The proposed Zoning Ordinance text amendment is in conformance with the Gilroy General Plan and is consistent with the intent of the goals and policies of the General Plan. B. The proposed Zoning Ordinance text amendment will not be detrimental to the public welfare or injurious to persons or property in the City. SECTION II Based on the above findings and the evidence in the record, THE CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: Zoning application Z 04-03 is hereby approved as modified, and the Gilroy Zoning Ordinance Section 40.20, entitled Permitted Uses for Home Occupations, subsection (a) is hereby amended to read as follows: (a) Only the residents occupying the dwelling unit and one employee may engage in a home occupation. If there is an employee, that employee must be parked in the driveway of the home or on a paved on-site parking space which is in accordance with City regulations. 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, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. SECTION IV This Ordinance shall be in full force and effect thirty (30) days after the date of its passage and adoption. PASSED AND ADOPTED this 21 st day of June, 2004, by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, V ALlQUETTE, and PINHEIRO IGB01624904.1 01-052404-04706002 -2- Ordinance No. 2004-l0 NOES: COUNCILMEMBERS: VELASCO ABSENT: COUNCILMEMBERS: NONE ATTEST: }, j/ ) \0jl / \.._-ri-'''-:/Z /) t..tl t( f/-L--f ({ " '- . Rhonda Pellin, City Clerk IG801624904.1 01-052404-04706002 -3- Ordinance No. 2004-10 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2004-10 is an original ordinance, or a 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 21 st day of June, 2004, at which meeting a quorum was present, and has been published or posted pursuant to law. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 29th day of June, 2004. )- vJ ~1(flLa{c- · :~-LL( P-- . City Clerk of the City of Gilroy (Seal)