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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 \LAC\839211.1 012611-04706083 -1- 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 \LAC\839211.1 012611-04706083 -2- 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 \LAC\839211.1 012611-04706083 -3- 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)