Ordinance 2005-10
ORDINANCE NO. 2005-10
AN ORDINANCE OF THE CITY OF GILROY APPROVING Z 05-01 TO PROHIBIT
THE ESTABLISHMENT OF CERTAIN USES IN THE C2 CENTRAL COMMERCIAL
DISTRICT, NAMELY, NEW BARS THAT DO NOT OFFER MEALS, DANCE HALLS,
PERSONAL SERVICES BUSINESSES THAT PRIMARILY OFFER MASSAGE,
TATTOO OR BODY PIERCING, OUTDOOR SALES OF AUTOMOBILES, SALE OF
AUTOMOBILE PARTS, AUTOMOBILE REPAIR ESTABLISHMENTS AND LIQUOR
SALES FOR OFFSITE CONSUMPTION, AND TO ESTABLISH NEW CATEGORIES
FOR BARS, BEER AND WINE SALES WITH TASTING AND AUCTION HOUSES.
WHEREAS, pursuant to the Gilroy 2002/2020 General Plan ("General Plan") adopted in
2002, the City of Gilroy ("City") has undertaken a study of the Downtown, to implement the
General Plan proposal for adoption of a Downtown Specific Plan ("Plan"); and
WHEREAS, the City Council has appointed the Downtown Specific Plan Task Force
("Task Force") to create the Plan, which Task Force meets on a continuing basis to recommend
on the proposed Plan; and
WHEREAS, the Task Force, after review of currently permitted uses in the Downtown,
recommended to the City Council that the City prohibit approval of certain new uses in the
Downtown that may be in conflict with the contemplated Downtown Specific Plan until the
City's study is completed and the Downtown Specific Plan is adopted, and
WHEREAS, on June 16,2003, in accordance California Government Code ("Cal. Gov.
Code") section 65858, the City Council held a duly noticed public hearing and took testimony
regarding a certain urgency interim ordinance ("Urgency Interim Ordinance") to prohibit for 45
days the establishment of new bars and dance halls that do not offer meals, "head" shops, tattoo
parlors, body piercing studios, pawn shops, sales of automobiles and automobile parts,
automobile repair establishments, and liquor sales for off-site consumption, in the Downtown
pending the completion of the Downtown study and adoption of a Downtown Specific Plan, and
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following the public hearing, adopted the Urgency Interim Ordinance, Ordinance No. 2003-06 to
prohibit such uses for a period of forty- five (45) days; and
WHEREAS, on July 21,2003, in accordance with Cal. Gov. Code section 65858(b), the
City Council again held a duly noticed public hearing and took testimony regarding the extension
of the Urgency Interim Ordinance, and adopted Ordinance No. 2003-10 to continue the
prohibition on such uses for a period of twenty-two (22) months and fifteen (15) days in the
Downtown, pending the completion of the Downtown study and adoption of a Downtown
Specific Plan; and
WHEREAS, the Task Force has recommended permanent changes to the zoning for the
various commercial districts in the City; and
WHEREAS, the Planning Commission held a duly noticed public hearing on April 7,
2005, at which time the Planning Commission considered the public testimony, the staff report
dated March 29,2004, and all other documentation related to proposed zoning text change Z 05-
01, and recommended by a vote of five (5) to zero (0), with two (2) Commissioners absent, that
the City Council approve said zoning text change with the added requirement that the new
category "Liquor Sales and Tasting" shall be allowed only with a conditional use permit; and
WHEREAS, the City Council held a duly noticed public hearing on April 18, 2005, at
which time the City Council considered the public testimony, a revised staff report dated April 8,
2005, a copy of which is attached hereto as Exhibit "A," and all other documentation related to
application Z 05-01; and
WHEREAS, the City Council, as recommended by the Task Force, wishes to establish a
new category for businesses that offer beer and wine sales with tastings, allow auction houses as
a separate category from pawn shops and disallow massage, tattooing and piercing in the C-2
district while allowing other personal services, and otherwise enact the zoning text changes
described herein; and
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Ordinance No. 2005-10
WHEREAS, an environmental impact report ("EIR") was prepared for the Gilroy
2002/2020 General Plan ("General Plan") and in 2002, the City Council certified the EIR as
adequate and complete under CEQA, and findings were adopted for each significant effect and a
Statement of Overriding Considerations was adopted prior to the approval of the General Plan,
and the and the proposed text amendment implements the General Plan and Action 1.D thereof is
an implementation measure of the General Plan, and as such was considered in the approved
Final EIR, and further environmental review will be required for specific projects prior to
approval of construction; 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:
SECTION I
THE CITY COUNCIL FINDS THAT:
A. The proposed rezoning IS consistent with the General Plan land use
designation and the intent of the goals and policies ofthe City's General Plan.
B. This project will not be detrimental to the public welfare or injurious to
persons or property in the vicinity.
C. There is no substantial evidence in the record that this project will cause any
significant environmental impacts.
SECTION II
Based upon the above findings, the Commercial Use Table found at Section 19.13
of the City of Gilroy Zoning Ordinance hereby is amended as follows:
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A. The following uses are prohibited in the C2 Central Commercial District:
Automobile Parts Sales, Automobile Repair, Automobile Sales, Tire Shop, Dance
Hall, Liquor Sales (Off site consumption).
B. The following new categories of Commercial Uses are established:
1. Automobile Sales, Indoor, No Repair, which shall be unconditionally
permitted in the C2 Central Commercial District.
2. Liquor Sales with Tasting (Wine and Beer Only), which shall be permitted
with a conditional use permit in the C2 Central Commercial District and
unconditionally permitted in the C3 Shopping Center Commercial, HC
Highway Commercial, and CM Commercial Industrial Districts; and in
each case shall be subject to footnote 9, requiring review and approval of
the City's Alcoholic Beverage Control Committee and Chief of Police.
3. Auction House as separate from Pawn Shop, which shall be
unconditionally permitted in the C2 Central Commercial, C3 Shopping
Center Commercial, and CM Commercial Industrial Districts, and the
category currently entitled "Pawn Shop and Auction House" shall be
changed to read "Pawn Shop."
4. Bars: On-site liquor consumption (except as ancillary to a restaurant use),
which shall be permitted with a conditional use permit in the C1
Neighborhood Commercial District and permitted therein without a
conditional use permit if the business's primary use is the preparation and
service of food in accordance with footnote 4, prohibited in the C2 Central
Commercial District, and unconditionally permitted in the C3 Shopping
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Center Commercial, HC Highway Commercial, and CM Commercial
Industrial Districts; and in each case shall be subject to footnote 9,
requiring review and approval of the City's Alcoholic Beverage Control
Committee and Chief of Police.
C. The Personal Services category shall continue to be permitted by right in the
districts where it is currently permitted, except that for the C2 Central
Commercial District, a new foot note 12 shall be added to read: "Uses offering
the primary personal service of Massage, Tattoo or Piercing are prohibited in the
C2 District."
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.
PASSED AND ADOPTED by the City Council of the City of Gilroy this 16th day of
May, 2005, by the following vote:
AYES:
COUNCILMEMBERS:
CORREA, DILLON, GARTMAN, MORALES,
and PINHEIRO
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
V ALIQUETTE and VELASCO
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Ordinance No. 2005-10
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Rh~'n~a Pellin, 'Ci~~~:~~{/ .. ... '-.. C ,A
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Ulbert Pinheiro, Mayor
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Ordinance No. 2005-10
EXHIBIT A
Cit.y of Gilroy
Community Development Department
Planning Division
7351 Rosanna St.
Gilroy, CA
(408) 846-0440
Zone Change
April 8, 2005 Revised
FILE NUMBER:
Z 05-01 (05030039)
APPLICANT:
City of Gilroy (408-846-0440)
LOCATION:
City Wide, Commercial Zoning Districts
STAFF PLANNER:
Gregg Polubinsky, gpolubinsky@ci.gilroy.ca.us
REQUESTED ACTION:
This tex.t change will amend the Zoning Ordinance to reflect recommendations made by the Downtown
Specific Plan Task Force in conjunction with the Urgency Ordinance for downtown uses passed by the
City Council.
ENVIRONMENTAL IMPACTS:
An Environmental Impact Report was prepared in compliance with the California Environmental Quality
Act (CEQA) for the City of Gilroy's General Plan Update. On June 13, 2002, the City Council certified
the Final Environmental Impact Report and adopted a Statement of Overriding Considerations. Pursuant
to Section 21093 of the CEQA Guidelines, the proposed text amendment is tiered off the approved Final
Environmental Impact Report in keeping with General Plan, Action I.D to develop a Specific Plan for the
Downtown and numerous General Plan policies which encourage in-fill development, clustering of
development, consolidation of fragmented ownership and the dissolution of economic blight.
CONFORMANCE WITH THE GENERAL PLAN
This tex.t amendment is in keeping with General Plan Action I.D to develop a Specific Plan for the
Downtown and numerous General Plan policies which encourage in-fill development, clustering of
development, consolidation of fragmented ownership, the development of a Gateway District, the
preservation of historic downtown character and the dissolution of economic blight.
Z 05-01
2
4/8/05 Revised
BACKGROUND
The Downtown Specific Plan Task Force began meeting in February 2003. As pari of their initial
discussions the Task Force made a recommendation to the City Council to restrict specific uses in the
downtown core until the Downtown Specific Plan was completed.
On June 16, 2003, in accordance with State law, the City Council held a duly noticed public hearing and
took testimony regarding a certain urgency interim ordinance ("Urgency Interim Ordinance") to prohibit
for 45 days the establishment of new bars and dance halls that do not offer meals, "head" shops, tattoo
parlors, body piercing studios, pawn shops, sales of automobiles and automobile parts, automobile repair
establishments, and liquor sales for off-site consumption, in the Downtown pending the completion of the
Downtown study and adoption of a Downtown Specific Plan. (See Attachment)
On July 21, 2003, the City Council continued for a period not to exceed twenty-two (22) months and
fifteen (15) days the prohibition on the above listed uses in the Downtown, pending the completion of the
Downtown study and adoption of a Downtown Specific Plan. This extension expires on June 5. 2005.
ANALYSIS
The Specific Plan's schedule has been extended and will not be heard by the City Council until after the
Urgency Ordinance has expired. Staff is bringing this zone change recommendation forward for Planning
Commission recommendation and City Council action. The Downtown Specific Plan Task Force has met
and deliberated on uses that should and could be permitted within the downtown C2 zoning district
(Central District Commercial). The Task Force is recommending that the following uses contained in the
Urgency Ordinance be codified in the Zoning Code.
~ Bars that do not offer meals
~ Dance Halls that do not offer meals
~ "Head" Shops
~ Tattoo Parlors
~ Body Piercing Studios
~ Sales of new or used automobile parts
~ Automobile Repair Establishments
~ Liquor Sales for off-site consumption
During the Task Force's discussion of permitted uses in the downtown core, the Task Force felt that two
changes to what was proposed in the Urgency Ordinance should be addressed; 1) the "sales of new or
used automobiles" could be a permitted use if the display of the vehicles was completely inside the
building with no repair taking place, and 2) that "pawn shops" were not appreciably different than any
other retail use.
The adoption of these changes to the zoning code does not in anyway inhibit the Task Force, the Planning
Commission or the City Council from making further adjustments as the Specific Plan proceeds through
to final public review and approval.
Z 05-0 I
4/<3/05 RevLed
Section 19.13 Commercial Use Table
Automobile Parts Sales X X X
Automobile Repair X X
Automobile Sales,
Automobile Sales X X
Tire Shop C X X X
Dance Hall X X
C X X X
Liquor Sales: Off site consumption C X X X
X
x
X
x
X
X
X
x = Unconditionally permitted
T = Temporary Use - See Section 47
C = Permitted only with Conditional Use Permit granted by Planning Commission
4- The requirement for a Conditional Use Permit does not apply to businesses whose primary use is the preparation and
service of food.
9 Requests for new ABC liquor licenses are subject to review and approval of the City's ABC Committee and the Chief of
Police.
II Commercial uses providing needed services of a personal nature. Personal services generally include barber and beauty
shops, nail salons, tanning and spa salons, seamstresses, tailors. shoe repair shops, dry cleaning (except bulk processing
plants), and self service laundries.
Z 05-01
4
3/29/05
RECOMMENDA TION
Staff recommends that the Planning Commission forward a recommendation of APPRO V AL to the
City Council for this Zone Change application Z 05-01 for the following reasons:
~ The proposed Zone Change text amendment meets the intent of the General Plan document;
~ The proposal is consistent with the intent of the Downtown Specific Plan Task Force efforts to
prepare a Downtown Specific Plan for public review and City Council deliberation;
William Faus,
Planning Division Manager
bfaus@ci.gilroy.ca.us
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2005-10 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
16th day of May, 2005, 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 May, 2005.
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City Clerk of the City of Gilroy
(Seal)