Ordinance 2006-17ORDINANCE NO. 2006 -17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
APPROVING Z 06 -07 AMENDING GILROY ZONING ORDINANCE SECTION
50.63 TO ESTABLISH AN EXEMPTION FROM ANNUAL NUMERICAL
LIMITS OF THE RESIDENTIAL DEVELOPMENT ORDINANCE FOR
SCHOOL DISTRICT PROPERTIES IN SPECIAL CIRCUMSTANCES
WHEREAS, Gilroy Unified School District ( "Applicant ") submitted application Z 06 -07,
a request to amend Section 50.63, entitled "Annual Numerical Limits," of the Residential
Development Ordinance ( "RDO ") to establish an exempt category for properties owned by the
school district when special circumstances exist; and
WHEREAS, the California Environmental Quality Act of 1970, as amended, ( "CEQA "),
provides that if it can be seen with certainty, as here, that there is no possibility that said
amendment to the RDO may have a significant effect on the environment, then said amendment
is exempt from the requirements of CEQA pursuant to the provisions of Section 15061(b)(3) of
the CEQA Guidelines; and
WHEREAS, the Planning Commission held a duly noticed public hearing on July 6,
2006, at which time the Planning Commission considered the public testimony, the staff report
dated June 26, 2006 ( "Staff Report"), and all other documentation related to application Z 06 -07,
and recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on July 17, 2006, at
which time the City Council considered the public testimony, the Staff Report, a follow -up staff
report dated July 12, 2006, and all other documentation related to application Z 06 -07; 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:
The City Council hereby finds:
1GB01700110.1
073106 -04706089
SECTION I
-1-
ORDINANCE NO. 2006 -17
A. The RDO amendment is consistent with the intent of the goals and policies of
the City's General Plan document, particularly the educational policies in
Chapter 7 of the General Plan, entitled "Public Facilities and Services."
B. The RDO amendment will facilitate the provision of educational services to
residents of the City of Gilroy.
SECTION II
Based on the above findings, zoning application Z 06 -07 is hereby approved, and Gilroy
Zoning Ordinance Section 50.63, subsection (c) entitled "Special Exceptions" is amended to add
subsection 50.63(c)(4) as follows:
(3) The allocation may be issued to a property owned by the Gilroy Unified School
District. The allocation shall be issued only if all of the following requirements
are met:
(i) The current General Plan designation of the property is "Educational
Facility ";
(ii) The facility on the subject property has been used as a school facility
within the last two years;
(iii) The District has a demonstrated need to expand educational services
to accommodate Gilroy residents;
(iv) The applicant is the Gilroy Unified School District, and;
(v) The allocation requested is for fewer than 100 dwelling units.
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
M01700110.1
073106 - 04706089
ORDINANCE NO. 2006 -17
any one 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 18th day of September, 2006 by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, CORREA, VALIQUETTE,
VELASCO, and BRACCO
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ATTE
Rhonda Pellin, City Clerk
GARTMAN
'1 1••
APPROVED:
Dion Bracco, Mayor Pro Tempore
1GB01700110.1 _3 _
073106 -04706089
ORDINANCE NO. 2006 -17
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2006 -17 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
18th day of September, 2006, 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 24th day of October, 2006.
City Clerk of the City of Gilroy
(Seal)