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Ordinance 2006-20ORDINANCE NO. 2006 -20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING Z 06 -08 AMENDING SECTION 46.40 OF THE GILROY ZONING ORDINANCE TO CONFORM TO SECTION 65915 OF THE CALIFORNIA GOVERNMENT CODE WHEREAS, the City of Gilroy submitted application Z 06 -08 to amend Section 46.40 of the Zoning Ordinance to conform to section 65915 of the California Government Code; 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 Zoning Ordinance amendment 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 September 7, 2006, at which time the Planning Commission considered the public testimony, the staff reports dated September 7, 2006, and all other documentation related to application Z 06 -08, and recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public hearing on September 18, 2006, at which time the City Council considered the public testimony, the staff report dated September 7, 2006, and all other documentation related to application Z 06 -00, 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 hereby finds: A. The proposed Zoning Ordinance text amendment is consistent with the intent of the goals and policies of the City of Gilroy's General Plan, particularly the Housing Element; and WD01705291.1 092506 - 04706083 Ordinance No. 2006 -20 B. There is no substantial evidence in the entire record that the proposed Zoning Ordinance text amendment will create any significant environmental impacts; and C. Section 65915 of the California Government Code requires California cities, counties, and cities and counties to adopt an ordinance that complies with its density bonus provisions. The proposed Zoning Ordinance text amendment will bring the Zoning Ordinance into compliance with section 65915 of the California Government Code as amended. SECTION II Based on the above findings, zoning application Z 06 -08 is hereby approved, and section 46.40 of the Gilroy Zoning Ordinance, entitled "Density Exceptions," is amended to read as follows: Section 46.40 Density Exceptions All residential developments shall comply with the density restrictions for the applicable zoning district as set forth in this Ordinance. However, the City shall grant a residential density bonus over the otherwise maximum allowable residential density for the applicable zoning district in accordance with section 65915 of the California Government Code. 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 any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. 1MD01705291.1 092506 - 04706083 Ordinance No. 2006 -20 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 16th day of October, 2006, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN, VALIQUETTE, VELASCO, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: ert Pinheiro, Mayor ATTEST: Rhonda Pellin, City Clerk IMD01705291.1 _3 _ 092506 - 04706083 Ordinance No. 2006 -20 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2006 -20 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 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 25th day of October, 2006. City derk of the City of Gilroy (Seal)