Ordinance 2011-04
ORDINANCE NO. 2011-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING Z 10-07 TO AMEND THE ZONING
ORDINANCE, COMMERCIAL USE TABLE 19. 13 (b), TO
ALLOW BY RIGHT GROUND FLOOR OFFICE USES FOR A
PERIOD OF THREE YEARS IN THE DOWNTOWN HISTORIC
DISTRICT
WHEREAS, the City of Gilroy proposed text amendment Z 10--07 requesting
amendment of the Gilroy Zoning Ordinance to allow office uses on the ground floor in the
Downtown Historic District (DHD) without requiring a conditional use permit for a period of
three years, a change that would require revision of Footnote 4 of Section 19.13(b), the
Commercial Use Table (Specific Plan Districts); and
WHEREAS, the City has determined that the review and approval of this application for
a Zoning Ordinance text amendment to allow such offices by right for a limited period of time is
exempt from environmental review as a Class 5 categorical exemption, Minor Alterations in
Land Use Limitations, under the California Environmental Quality Act (CEQA) pursuant to
CEQA Guideline 15305; and
WHEREAS, although the Downtown Specific Plan identifies this district as the primary
retail and entertainment district in the Downtown, and therefore office uses on the ground floor
were required to obtain a conditional use permit to insure prime space for retail and
entertainment uses, due to the current economic downturn there is excess ground floor space
available, at least on a limited time basis; and
WHEREAS, some Downtown stakeholders believe simplifying the process for
establishing office uses on the ground floor for a period of three years will encourage new offices
to locate Downtown, generating employees to further support other Downtown businesses; and
WHEREAS, the Planning Commission reviewed Z 10-07 and held a duly noticed public
hearing on January 6, 2010, and thereafter voted to recommend approval of the proposed
amendment; and
WHEREAS, the City Council reviewed Z 10-07 and all documents relating thereto,
including the Staff Report dated January 6, 2011, and a Supplemental Staff Report dated January
24, 2011, and took oral and written testimony at its duly noticed public hearing on January 24,
2011; and
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Ordinance No. 2011-04
WHEREAS, an amendment will be necessary to the Downtown Specific Plan to bring
this zoning amendment into consistency with the Specific Plan, and pursuant to Section IX of the
Downtown Specific Plan, minor or insignificant amendments may be made at the City Staff
level, and this amendment is determined to be minor due to its temporary nature; 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.
SECTION I
NOW, THEREFORE, the City Council hereby finds:
A. The proposed Zoning Ordinance text amendment is in conformance with the Gilroy
General Plan and is consistent with the intent of the goals and policies of the General Plan
by removing a possible barrier, on a limited time basis, to stimulate and create a vibrant
Downtown.
B. The proposed Zoning Ordinance text amendment will not be detrimental to the public
welfare or injurious to persons or property in the City.
SECTION II
Based on the above findings and the evidence in the record, THE CITY COUNCIL
DOES HEREBY ORDAIN AS FOLLOWS:
Zoning text amendment Z 10-07 is hereby approved, and Footnote 4 of Section
19.13(b), the Commercial Use Table (Specific Plan Districts), is hereby amended to read as
follows:
4- These uses are unconditionally permitted on the second story and above.
Anytime these uses are proposed for the first floor (sidewalk level), a
conditional use permit is required, except that first floor office uses shall be
allowed in the DHD without a conditional use permit for a period of three
years until the later of April 6, 2014, or the date that is three years from the
effective date of this Ordinance. After that date, conditional use permit
approval shall be required for new first floor office uses in the DHD.
SECTION III
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Ordinance No. 2011-04
The City Council hereby directs City staff to amend the Downtown Specific Plan
to make consistent the zoning ordinance as amended herein and the Downtown Specific
Plan as it addresses office uses in the Downtown Historic District.
SECTION IV
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.
SECTION V
This Ordinance shall be in full force and effect thirty (30) days from and after the date of
its passage and adoption.
PASSED AND ADOPTED this 7th day of March, 2011, by the following vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, DILLON, LEROE-
MUNOZ
NOES: COUNCILMEMBERS:
TUCKER
ABSENT: COUNCILMEMBERS: WOODWARD and PINHEIRO
APPROVED:
{1F1I~
Cat Tucker, Mayor Pro Tempore
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Ordinance No. 2011-04
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2011-04 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 7th day of March, 2011, 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 9th day of March, 2011.
a Freels, CMC
1 Clerk of the City of Gilroy
(Seal)