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Ordinance 2009-04 ORDINANCE NO. 2009-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING Z 09-02, AMENDING ZONING ORDINANCE SECTION 51.32 "NOTICES" TO INCREASE THE AREA THAT IS INCLUDED IN THE PUBLIC HEARING NOTICES, TO REQUIRE RENOTICING FOR CERTAIN CONTINUED PUBLIC HEARINGS AND TO REQUIRE THAT THE APPLICANT INSTALL A PUBLIC NOTICE SIGN ON THE PROPERTY THAT IS THE SUBJECT OF THE PUBLIC HEARING OR PROJECT DECISION WHEREAS, the City Council finds that Gilroy Zoning Ordinance Section 51.32 meets all State law requirements for advertising public hearings on land use applications; and WHEREAS, the City Council desires to adopt public noticing requirements that more fully inform the community of pending land use applications by increasing the area included within the public noticing mailing requirements from 300 feet to 500 feet and requiring that the property that is subject to the land use application is posted with a highly visible, public notification sign; and WHEREAS, Zoning Ordinance Section 52.10 states that the provisions of the Ordinance may be amended whenever the public necessity, convenience and general welfare require it; and WHEREAS, to greater serve the public convenience, the City of Gilroy submitted application Z 09-02 to amend Section 51.32 to meet the above requirements; and WHEREAS, pursuant to the California Environmental Quality Act of 1970 (CEQA), the proposed text amendment is exempt from environmental review under CEQA Guideline Section 15061(b)(3). That Section states that an activity is exempt if the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQ.A, as is the case with the proposed text amendment; and WHEREAS, the Planning Commission held a duly noticed public hearing on February 5, 2009 on the original draft of this ordinance, at which time the Planning Commission considered 1 Ordinance No. 2009-04 the public testimony, the staff report dated February 5, 2009, and all other documentation related to application Z 09-02, and recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public hearing on the original draft of this ordinance on March 2, 2009 and requested a minor addition to include a requirement to re- notice public hearings upon a third continuance and again if certain further continuances are granted; and WHEREAS, the City Council held a second duly noticed public hearing on August 3, 2009, at which time the City Council considered the public testimony, a supplemental staff report dated August 3, 2009, and all other documentation related to application Z 09-02; 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 Gilroy Zoning Ordinance Section 51.32 entitled "Notices" is hereby amended in its entirety to read as follows: "Section 51.32 Notices Notice oftime and place of public hearing shall be given in the following manner: (a) Notice of any public hearing shall be given by at least one (1) publication in a newspaper of general circulation in the City of Gilroy not less than ten (10) days before the date of said public hearing; and (b) A written notice (except for amending, supplementing, or changing the text of the Zoning Ordinance) shall be mailed not less than ten (10) days prior to the date of such hearing to the owners of the property within a radius of five hundred (500) feet of the exterior boundaries of the property, using for this purpose the last known name and address of such 2 Ordinance No. 2009-04 owners as are shown in the County Assessor's books on file in the County Assessor's office of the County of Santa Clara, State of California. (c) Any public hearings conducted pursuant to this Section that are continued two or more times shall be re-noticed for the third public hearing. That third public hearing may be continued if deemed necessary one more time without re-noticing, but any subsequent continuance for the same project application must be re-noticed in the same manner established herein, and consistent with the standards established in subsections (a) and (b) above. Notwithstanding the above process for re-noticing, the continuance of public hearings and time for the decision-makers to act on a project is subject to the time limits established by State law, including, but not limited to, the Subdivision Map Act, the Permit Streamlining Act and the California Environmental Quality Act. (d) In addition to the written notice in Subsections (a) and (b), at least ten (10) days prior to the public hearing or project decision, the applicant shall install a four (4) foot by eight (8) foot sign for major project applications, or a two (2) foot by three (3) foot sign for minor applications on the property that is subject to the public hearing or project decision. Minor project applications include subdivisions of 4 or less lots, Architectural and Site applications that do not involve the construction of new buildings on the property, Conditional Use Permits and Variances. Major project applications include subdivisions of 5 lots or more, Architectural and Site applications that involve the construction of new buildings on the property, Zone Text or Map Amendments that are not determined to be City-wide text or map amendments, General Plan Amendments that are not determined to be City-wide amendments and RDO applications pursuant to the Residential Development Ordinance at Zoning Ordinance Section 50.60. The sign shall be maintained and remain on the project site until after the city renders a decision on the project and any appeal period established in the Zoning Ordinance has expired. The sign shall be removed within seven (7) days of the expiration of the appeal period. The project applicant shall submit a signed affidavit that states the property sign has been installed consistent with this Ordinance and the standards established by the Community Development Department. The posted notice shall contain a general description of the project, the file number of the project, the applicant's name and a contact number for additional information regarding the project. The sign shall be consistent with the standards established by the Community Development Department." 3 Ordinance No. 2009-04 SECTION II If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would have passed and adopted this Ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION III This Ordinance shall be in full force and effect thirty (30) days after the date of its passage and adoption. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF GILROY this 14th day of September, 2009, by the following vote: ABSENT: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, TUCKER, WOODWARD and PINHEIRO COUNCILMEMBERS: NONE COUNCILMEMBERS: BRACCO AYES: NOES: APP~9Y1D/ ./' c // 4 Ordinance No. 2009-04 I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2009-04 is an original ordinance, or 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 14th day of September, 2009, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 17th day of September, 2009. (Seal)