Ordinance 2004-22
ORDINANCE NO. 2004-22
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF GILROY AMENDING GILROY ZONING
ORDINANCE SECTION 50.62 TO ADD A SUBSECTION
TO EXEMPT PROJECTS IN THE GENERAL PLAN
DOWNTOWN COMMERCIAL AREA FROM THE
PROVISIONS OF THE RESIDENTIAL DEVELOPMENT
ORDINANCE
WHEREAS, the City Council initiated application Z 04-13 to amend Section
50.62 of the Gilroy Zoning Ordinance, a section of the Residential Development
Ordinance upon a recommendation from the Downtown Specific Plan Task Force; and
WHEREAS, the City desires to exempt projects in the Downtown Commercial
Area as defined in the General Plan ("Downtown") that are specifically approved for
exemption by the City Council from the Residential Development Ordinance competition
and from the ten-year housing goal limit; and
WHEREAS, the Planning Commission held a duly noticed public hearing on
November 4, 2004, at which time the Planning Commission considered the public
testimony, the Revised Staff Report dated November 1,2004 ("Staff Report"), and all
other documentation related to application Z 04-13, and recommended that the City
Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on November
15,2004, at which time the City Council considered the public testimony, the Revised
Staff Report dated November 1,2004 ("Staff Report"), and all other documentation
related to application Z 04-13; and
WHEREAS, City Council has determined that the City should allow the granting
of RDO units by exemption for Downtown development to aid in the housing goals of the
City and stimulate development Downtown; 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
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Ordinance No. 2004-22
SECTION I
The City Council hereby finds:
A. The project is categorically exempt from environmental review under
the California Environmental Quality Act ("CEQA") pursuant to
CEQA Guidelines Section 15332, regarding infill development
projects.
B. The project is in conformance with the Gilroy General Plan and is
substantially consistent with the intent of the policies of the General
Plan.
e. The project will help to implement General Plan policies involving the
City's Downtown Commercial district.
D. The project is substantially consistent with the Residential
Development Ordinance Statement of Intent.
E. The project will not be detrimental to the public welfare or injurious to
persons or property in the City because each individual residential
proposal for exemption will be subject to review and approval by the
City Council.
SECTION II
Gilroy Zoning Ordinance Section 50.62, Application of Ordinance, is hereby
amended to add subsection (b)(1 0) to read as follows:
(10) Projects located within the City's Downtown Commercial
area as defined in the General Plan if specifically approved
for exemption by the City Council. Exemptions in this
category will not be tabulated in the ten-year housing goal.
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
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Ordinance No. 2004-22
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 20th day of December, 2004 by the following:
AYES:
COUNCILMEMBERS:
CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE,
VELASCO and PINHEIRO
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
APPROVED:
/l~ --
~inhe~Mayor
. ATT~r; d '
~C L--td~
Rhonda Pellin, City Clerk
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Ordinance No. 2004-22
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2004-22 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
20th day of December, 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 27th day of December, 2004.
~ .J ~ /;J..
~Jubr- U~L~ A-^-'
City Clerk of the City of Gilroy
(Seal)