Ordinance 2006-25ORDINANCE NO. 2006 -25
AN ORDINANCE OF THE CITY OF GILROY AMENDING
ZONING ORDINANCE SECTION 31 BY ADDING SECTIONS
31.90 THROUGH 31.97, AUTHORIZING ON AN INTERIM
BASIS THE APPROVAL IN THE CITY'S DOWNTOWN
PARKING STUDY AREA AND ZERO FEE AREA (AS
DEFINED BY EXHIBIT "A ") DEVELOPMENT PROJECTS
THAT PROVIDE FEWER OFF - STREET PARKING SPACES
THAN CURRENTLY REQUIRED BY THE ZONING
ORDINANCE UNTIL DECEMBER 31, 2007 OR UNTIL THE
CITY'S PARKING MANAGEMENT PLAN IS ADOPTED.
WHEREAS, the City of Gilroy Zoning Ordinance ( "Zoning Ordinance ") Section 31
establishes off - street parking requirements for various land uses throughout the City; and
WHEREAS, the City wishes to encourage development projects, including residential
projects, in the City's Downtown Parking Study Area and Zero Fee Area ( "Zero Fee Area "),
which is more accurately described in the map attached hereto as Exhibit "A" and incorporated
by this reference; and
WHEREAS, the City wishes to allow development projects under certain conditions to
proceed even though they provide for less off - street parking than is otherwise required under
Zoning Ordinance Section 31; and
WHEREAS, the Planning Commission held a duly noticed public hearing on November
2, 2006, at which time the Planning Commission considered the public testimony, the Staff
Report dated October 25, 2006, and all other documentation related to this Ordinance, and
recommended that the City Council approve said Ordinance; and
WHEREAS, the City Council held a duly noticed public hearing on November 20, 2006,
at which time the City Council considered the public testimony, the Staff Report dated
November 7, 2006, and all other documentation related to this Ordinance; 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
Section 31 of the City of Gilroy Zoning Ordinance is hereby amended by adding Sections
31.90 through 31.97 to read as follows:
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WH1711120.2 Ordinance No. 2006 -25
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Section 31.90 — Interim Off - Street Parking Reductions in the City's Downtown Parking Study
Area and Zero Fee Area located within
Interim off - street parking reductions for properties within the City's Downtown Parking
Study Area & Zero Fee Area [see Exhibit "A "] located within the Downtown Historic
(DH), Downtown Expansion (DE), Transitional (T), and Civic /Cultural Arts (CCA)
zoning districts.
Section 31.91 Development Projects
The provisions of Section 31.90 shall apply to Development Projects within the City's
Downtown Parking Study Area & Zero Fee Area, located within the Downtown Historic
(DH), Downtown Expansion (DE), Transitional (T), and Civic /Cultural Arts (CCA)
zoning districts. For the purposes of this Section, "Development Project" shall mean any
project that requires a permit granting approval for construction from the City of Gilroy.
Section 31.92 — Parking Reductions Up to and Including 50%
Development Projects within the City's Downtown Parking Study Area & Zero Fee Area
shall be allowed up to a fifty percent (50 %) reduction in required off - street parking below
what is required under the general requirements of Section 31.
Section 31.93 — Parking Reductions Greater Than 50%
Parking reductions greater than 50% [up to 100 %] - Development Projects located
within the City's Downtown Parking Study Area & Zero Fee Area will be allowed off -
street parking reductions up to 100% if the Planning Division Manager (PDM)
determines that the Standard Findings set forth in Section 31.96 can be made. The PDM
will issue a written Final Determination approving, conditionally approving or
disapproving the parking reduction request following the ten -day public noticing period
set forth in Section 31.94. Objections to the granting of the request must be in writing,
set forth the basis of the objection, and be filed with the Planning Department prior to the
date set forth in the notice for a Final Determination.
Section 31.94 — Appeal
Appeal - The Final Determination of the PDM may be appealed to the Planning
Commission by the applicant or any owner of a property or business situated within the
City's Downtown Parking Study Area & Zero Fee Area. Appeals to the Planning
Commission must be received by the Planning Department, in writing, within fifteen (15)
days of the date of the Final Determination made by the PDM. The decision of the
Planning Commission may be appealed to the City Council by the applicant or any owner
of a property or business situated within the City's Downtown Parking Study Area &
Zero Fee Area in the same manner and subject to the same requirements set forth in
Section 51.42 of this Ordinance.
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Ordinance No. 2006 -25
Section 31.95 — Public Notice Requirements
Public Notice Requirements:
(a) Property and business owners within 300 feet of the development project site shall be
notified by mail of the request for an off - street parking reduction greater than 50%
at least ten (10) calendar days prior to issuance of a Final Determination by the PDM.
(b) If the PDM's Final Determination is appealed to the Planning Commission, property
and business owners within 300 feet of the project site shall be notified by mail of the
appeal at least ten (10) calendar days prior to the Planning Commission review date.
Section 31.96 Standard Findings
Standard Findings - In order to reduce the potential of adversely impacting the
Downtown, the following Standard Findings are required for the approval of a request
for greater than a 50% reduction in off - street parking:
(a) The Development Project, with the proposed off - street parking reduction, is
substantially consistent with the goals and policies of the City's General Plan; and
(b) The proposed off - street parking reduction, when considered cumulatively with all
other prior reductions granted to other Development Projects under this Section, is not
expected to substantially adversely impact the local neighborhood, block, or surrounding
businesses; and
(c) The proposed off - street parking reduction is in the best interest of the larger
downtown business environment, while not necessarily meeting the strict general parking
requirements under Section 31; and
(d) Approval of the requested off - street parking reduction, singularly and/or
cumulatively, will not adversely affect the health, safety, or general welfare of the public.
Section 31.97 — Sunset Date
Sunset Date - Sections 31.90 - 31.97, shall sunset upon the earlier of the date of adoption
of a Downtown Parking Management Plan by the City Council, or on December 31,
2007, and as of that sunset date, shall be of no further force or effect.
SECTION II
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
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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.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF GILROY
this 18th day of December 2006, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ATTEST:
Aho h da Pellin, City Clerk
ARELLANO, BRACCO, CORREA, GARTMAN,
VALIQUETTE, VELASCO, and PINHEIRO
NONE
NONE
APPROVED:
4e; Xinheiro, Mayor
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WH1711120.2 Ordinance No. 2006 -25
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2006 -25 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 December, 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 22nd day of December, 2006.
`r
City Clerk of the City of Gilroy
(Seal)