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Ordinance 2012-07ORDINANCE NO. 2012-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE DOWNTOWN GILROY SPECIFIC PLAN AND AMENDING THE GILROY ZONING ORDINANCE TO ALLOW PUBLIC DANCING AS PERMITTED AND CONDITIONAL USES IN CERTAIN DISTRICTS WHEREAS, the California Constitution, article XI section 7, confers on the City of Gilroy ( "City ") the power to make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws; and WHEREAS, the Downtown Gilroy Specific Plan adopted by the City Council on April 17, 2006 ( "Downtown Specific Plan"), restricts several uses in the downtown core, and specifically, Chapter V, Table 5.2 prohibits "Dance Halls" uses in the Downtown Historic District, Civic /Cultural Arts District, Transitional District and Cannery District; and WHEREAS, the Downtown Specific Plan's prohibition of dance halls in the downtown core was in response to a history of public safety concerns, including occurrences of violence inside and outside of bars, dance halls and other nighttime venues; and WHEREAS, the complete restriction of dancing in the downtown core conflicts with the Downtown Specific Plan's vision of creating a downtown that serves as a primary retail and entertainment destination; and WHEREAS, public dancing at downtown venues can be regulated such that public safety and parking concerns are mitigated with appropriate amendments to Chapter 8 of the Gilroy Municipal Code, which regulates public dancing and public dance halls, and to Sections 2.20 and 19 of the Gilroy Zoning Ordinance; and WHEREAS, the Downtown Dancing Task Force, which was established by the City Council to study and make recommendations as to terms of a proposed ordinance to impose reasonable regulations on downtown dancing, has recommended the approval of the ordinance proposed herein; and WHEREAS, the proposed amendments to the Downtown Specific Plan and Gilroy Zoning Ordinance are generally consistent with the intent of the goals and policies of the City's General Plan; and 1JH1859369.21 -1- ORDINANCE NO. 2012 -07 040412-04706os4 WHEREAS, the adoption of the proposed amendments to the Downtown Specific Plan and Gilroy Zoning Ordinances are in the public interest in that regulated public dancing in the Downtown Historic District, Downtown Expansion District, and Gateway District will enhance the downtown core area of the City as a retail and entertainment destination; and WHEREAS, small dance venue is an unconditionally permitted use in the Cl- NEIGHBORHOOD COMMERCIAL, C3- SHOPPING CENTER COMMERCIAL, CM- COMMERCIAL INDUSTRIAL, HC- HIGHWAY COMMERCIAL, DHD- DOWNTOWN HISTORIC DISTRICT, DED- DOWNTOWN EXPANSION DISTRICT, CCA- CIVIC /CULTURAL ARTS DISTRICT, TD- TRANSITIONAL DISTRICT, CD- CANNERY DISTRICT, and GD- GATEWAY DISTRICT; and WHEREAS, medium dance venue is an unconditionally permitted use in the DHD- DOWNTOWN HISTORIC DISTRICT, DED - DOWNTOWN EXPANSION DISTRICT, CCA- CIVIC /CULTURAL ARTS DISTRICT, TD- TRANSITIONAL DISTRICT, CD- CANNERY DISTRICT, GD- GATEWAY DISTRICT, C3- SHOPPING CENTER COMMERCIAL and CM- COMMERCIAL INDUSTRIAL, with a notation stating: "Provided that all provisions set forth in Chapter 8 of the Gilroy City Code are satisfied "; and WHEREAS, large dance venue is a permitted use only with a Conditional Use Permit granted by the Planning Commission in the GD- GATEWAY DISTRICT, C3- SHOPPING CENTER COMMERCIAL and CM- COMMERCIAL INDUSTRIAL, with a notation stating: "Provided that all provisions set forth in Chapter 8 of the Gilroy City Code are satisfied "; and WHEREAS, for large dance venues an additional notation shall be added to the DHD- DOWNTOWN HISTORIC DISTRICT, DED - DOWNTOWN EXPANSION DISTRICT, CCA- CIVIC /CULTURAL ARTS DISTRICT, stating: "There shall be no more than three (3) large dance venues allowed in the DHD - DOWNTOWN HISTORIC DISTRICT, DED - DOWNTOWN EXPANSION DISTRICT, CCA- CIVIC /CULTURAL ARTS DISTRICT, combined, and only on Monterey Street between 1st Street and 10th Street and only with a Downtown Special Use Permit granted by the Community Development Director or designee and that all provisions set forth in Chapter 8 of the Gilroy City Code are satisfied "; and WHEREAS, this Ordinance is exempt from environmental review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act of 1970, as amended. WH\859369.21 -2- ORDINANCE NO. 2012-07 040412- 04706084 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I The Downtown Gilroy Specific Plan, Chapter V, entitled "Land Uses," Table 5.2, entitled "PERMITTED USES TABLE" is hereby amended to change "Dance Hall" to "Dance venue, small," "Dance venue, medium" and "Dance venue, large" as appropriate and these amendments are shown in the revised Chapter V, Table 5.2, attached hereto as Exhibit "A" and incorporated by this reference. SECTION II Section 2.20 of the Gilroy Zoning Ordinance, entitled "Definitions" is amended to add the following definitions: "Dance area Dance area is defined, for large and medium dance venues, to include the area designated as the dance floor area on the Floor Plan submitted with the application for a Public Dance Permit to the Police Department or with the application for a Downtown Special Use Permit submitted to the Community Development Department. Dance venue, large A venue where public dancing occurs in which the dance area is larger than 441 square feet or 25% of the public access floor area. Dance venue, medium A venue where the dance floor area is up to 25% of the public access floor area, however, in no case is it large than 441 square feet. The use shall be associated with a full service restaurant or theater with hot food available at all times the establishment is open. Dance venue, small A venue where occasional, spontaneous public dancing occurs in which the area of spontaneous dancing and the performance area combined is less than 150 square feet, and the dancing is not advertised and the entertainment is incidental to the approved use. Promoter Any person who is directly or indirectly responsible for the promotion of a public dance as evidenced by activities such as, but not limited to contracting with the UH%59369.21 -3- ORDINANCE NO. 2012 -07 040412- 04706084 principals, selecting entertainment, advertising or otherwise holding out the event to members of the general public, inviting participants to the event, renting or controlling the event site, or serving as a designated on -site representative while the public dance is occurring. Public access floor area The combined area within a single venue in which public dancing occurs that includes seating areas, stage, dance floor, dining areas, bar areas, reception areas, and foyers, but does not include kitchens, restrooms, storage areas, food preparation areas and busing areas. Public dancing Dancing that occurs by persons (other than performers) in or upon any premises that members of the general public are admitted to, during any planned or unplanned event, as either the main purpose of the event or as an incident to some other purpose, with or without payment of a fee, charge or other consideration." SECTION III Section 19.13(a) of the Gilroy Zoning Ordinance, entitled "Commercial Use Table" is amended to change "Dance Hall" to "Dance venue, small," "Dance venue, medium" or "Dance venue, large" as appropriate and these amendments are shown in the revised Commercial Use Table, attached hereto as Exhibit `B" and incorporated by this reference. SECTION IV Section 19.13(b) of the Gilroy Zoning Ordinance, entitled "Commercial Use Table (Specific Plan Districts)" is amended to change "Dance Hall" to Dance Hall" to "Dance venue, small," "Dance venue, medium" and "Dance venue, large" as appropriate and these amendments are shown in the revised Commercial Use Table, attached hereto as Exhibit "C" and incorporated by this reference. SECTION V The Gilroy Zoning Ordinance is amended to add a new Section 50.37, entitled "Downtown Special Use Permits," to read as follows: UH1859369.21 -4- ORDINANCE NO. 2012-07 040412- 04706084 "Section 50.37 Downtown Special Use Permits This section shall apply whenever a Downtown Special Use Permit is required for public dancing in large dance venues pursuant to sections 19.13(a) and 19.13(b) of the Gilroy Zoning Ordinance and/or Chapter 8 of the Gilroy City Code. A. Criteria The Community Development Director or his or her designee shall issue a Downtown Special Use Permit for venues meeting the criteria set forth in sections 19.13(a) and 19.13(b) of the Gilroy Zoning Ordinance and/or Chapter 8 of the Gilroy City Code. B. Application Requirements (1) Any person desiring Downtown Special Use Permit shall file an application with the Planning Division of the Community Development Department on a standard Downtown Special Use Permit application form supplied by the Planning Division. All applicants shall provide the information and documents required pursuant to section 50.37.B(2), below. No Downtown Special Use Permit shall become effective until such time as the permit has been issued by the Community Development Director or his or her designee, and a Public Dance Permit has been issued by the Chief of Police pursuant to Chapter 8 of the Gilroy City Code. The applicant/permittee shall have an affirmative and ongoing obligation to update and keep current the information contained in the application. Failure to keep this information current shall be grounds for revocation. (2) All applications for a Downtown Special Use Permit shall include all of the following information: (a) Name, address and phone number of the venue for which a the Special Downtown Use Permit is sought; (b) Name of the primary business operating at the proposed venue (which shall be considered the applicant/permittee), and name, signature and phone number of the general manager of the business; (c) Name, signature and phone number of the owner of the venue for which a public dance permit is sought (if different from the applicant/permittee) or the promoter of the public dance if not the owner and/or applicant; and (d) Floor plan of the venue identifying all rooms, all entrances and exits, the performance area, and the dance floor area shall be provided; (e) Security, lighting, parking plans; and uH\859369.21 -5- ORDINANCE NO. 2012-07 040412-04706084 (f) Operational plan indicating such information as the proposed days and hours, if food service is to be provided, type of entertainment to be provided, anticipated attendance, and other information as may be reasonable required in review of the application. C. Application and Permit Fees The City Council shall set an annual, nonrefundable permit fee for Downtown Special Use Permits, which shall be included in the City's Comprehensive Fee Schedule established by resolution of the City Council, which may be amended from time to time. The permit fee shall be submitted at the time the permit application is submitted. D. Application Completeness. Within thirty (30) days from the date the application for a Downtown Special Use Permit is date - stamped received at the Planning Division, the Community Development Director or his or her designee shall determine if it is complete, and if incomplete, shall notify the applicant in writing of its specific deficiencies. If a written determination is not provided to the applicant within thirty (30) days after it is submitted to the Planning Division, the application shall be deemed complete. E. Application Denial The Community Development Director or his or her designee shall deny the application for a Downtown Special Use Permit for any of the following reasons: (1) The proposed venue or use does not does not meet the standards set forth in Section 50.37, or does not conform to the requirements of the Zoning Ordinance or any provision of the Gilroy City Code. (2) An applicant has failed to provide information required on the application for the issuance of the Downtown Special Use Permit or has falsely answered a question or request for information on the application form. (3) The subject premises for which a permit is requested has not been approved as being in compliance with health, fire and building codes by the department or agency responsible under law for investigating said compliance. (4) The granting of the application would violate a City or County, State or Federal statute, ordinance, regulation or court order. (5) The applicant has had a Downtown Special Use Permit under this section revoked within the preceding twelve (12) months. F. Permit -- Renewal (1) Any unrevoked Downtown Special Use Permit issued pursuant to this section may be renewed upon written application to the Community Development WH\859369.21 -6- ORDINANCE NO. 2012-07 040412- 04706084 Director or his or her designee made at least thirty (30) calendar days before the expiration date of a current, valid Downtown Special Use Permit and upon payment of the then current non - refundable application renewal fee. A Downtown Special Use Permit shall remain valid pending the decision of the Community Development Director or his or her designee if the Permitee has timely filed a completed application for renewal with proper fee payment. For good cause, the Community Development Director or his or her designee may extend the time for filing a renewal application for up to ninety (90) days and may extend the prior Downtown Special Use Permit pending decision on the renewal application. (2) The application for renewal shall supply current information with respect to each category of information required in the initial application. Within thirty (30) days from the date the renewal application for a Downtown Special Use Permit is date - stamped and received at the Planning Division, the Community Development Director or his or her designee shall determine if it is complete, and if incomplete, shall notify the applicant in writing of its specific deficiencies. If a written determination is not provided to the applicant within thirty (30) days after it is submitted to the Planning Division, the application shall be deemed complete. (3) The Community Development Director or his or her designee shall make a decision on an application for the renewal of a Downtown Special Use Permit within three (3) months from the date the application is deemed to be complete in all cases except where a negative declaration or environmental impact report is required pursuant to CEQA such that the processing of the application cannot be completed within the above time limit. In such instances, the application shall be diligently processed, but the timelines set forth in the State law will control. (4) The Community Development Director or his or her designee may renew the Downtown Special Use Permit without change to the original conditions of approval, with new, amended or deleted conditions, or may deny the renewal. G. Permit; Expiration Any unrevoked permit issued pursuant to this section shall, by its own terms, expire no later than one (1) year after its issuance. H. Revocation Any Downtown Special Use Permit issued pursuant to the provisions of this section may be revoked in accordance with the procedures set forth below. (1) The Planning Division Manager shall report all facts and information relating to the alleged violation(s) of this section or of the conditions of a Downtown Special Use Permit to the Community Development Director or his or her designee, who shall set the matter for a hearing not less than two (2) weeks nor later than thirty (30) days after receipt of the report. 1JH1859369.21 -7- ORDINANCE NO. 2012-07 040412 - 04706084 (2) Written notice of the hearing on the proposed Downtown Special Use Permit revocation, together with written notification of the specific grounds of complaint against the permittee, shall be personally delivered or sent by certified mail to the address on the permittee's most recent application for the Downtown Special Use Permit at least ten (10) days prior to the hearing. (3) The Community Development Director or his or her designee shall revoke a Downtown Special Use Permit if he or she makes one or more of the following findings: (a) The use for which the Downtown Special Use Permit was granted is being exercised in violation of any of the provisions of this Section. (b) The use for which the Downtown Special Use Permit was granted is being exercised contrary to the terms or conditions of such permit. (c) The permittee gave fraudulent or misleading information in the materials submitted during the application process that tended to enhance the applicant's opportunity for obtaining a Downtown Special Use Permit. (d) The permittee failed to provide the City with updated application information as required by section 50.37.13. (e) The use for which the Downtown Special Use Permit was granted is being exercised so as to be detrimental to the public health and safety. (f) The use for which the Downtown Special Use Permit was granted is being exercised so as to constitute a nuisance. (g) The use for which the Downtown Special Use Permit was granted is being exercised contrary to or in violation of any City or County, State or Federal Statute, ordinance, regulation, or court order. (4) The Community Development Director or his or her designee shall act to revoke, modify, or not revoke the Downtown Special Use Permit not later than ten (10) days following the termination of the public hearing on the revocation, unless this time limit is extended by agreement of the parties having an interest in the proceedings. I. Appeals (1) Within ten (10) calendar days after a decision of the Community Development Director or his or her designee on a Downtown Special Use Permit, the Community Development Director or his or her designee shall mail a copy of his or her decision, and findings (if any), to the applicant and/or permittee and to any other person who has filed a written request for such notification. M859369.21 -8- ORDINANCE NO. 2012 -07 040412 - 04706084 (2) Any person may appeal a decision of the Community Development Director or his or her designee made pursuant to this section to the City Council by submitting a written appeal along with the applicable fee and request for hearing to the City Clerk within twenty (20) calendar days of the date of the decision by the Community Development Director or his or her designee. (3) Consideration of an appeal of the Community Development Director or his or her designee decision on a Downtown Special Use Permit shall be by public meeting. Notices shall be mailed pursuant to the provisions of Section 50.32(b) of the Gilroy Zoning Ordinance, and the public meeting shall be held within thirty (30) calendar days of the filing or initiation of such appeal. (4) The City Council, following the termination of the public meeting, shall within fifteen (15) calendar days after the City Council determines whether the Downtown Special Use Permit is approved or disapproved, notify the applicant by forwarding through the mails a copy of the decision to the address on the application, and to any other person who has filed a written request for such notification. J. Judicial Review After a final decision of the City Council on an appeal of a decision by the Community Development Director or his or her designee on a Downtown Special Use Permit, the applicant or permittee or other person having standing may seek prompt judicial review of such action in any court of competent jurisdiction. The time limit for seeking review of the City's decision is subject to the Code of Civil Procedure section 1094.5. K. Conduct Constituting a Public Nuisance In addition to other remedies for violation of the Zoning Ordinance, the conduct of any public dancing within the City in violation of any of the terms of this section is hereby found and declared to be a public nuisance." SECTION VI 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, the validity of the remaining portion of this Ordinance shall not be affected thereby. SECTION VII Pursuant to section 608 of the Charter of the City of Gilroy, Ordinance shall be in full force and effect thirty (30) days from and after the date of its adopted. 1JH\859369.21 -9- ORDINANCE NO. 2012-07 040412-04706084 PASSED AND ADOPTED this 21" day of May, 2012 by the following roll call vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, DILLON, TUCKER, WOODWARD and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: LEROE -MUNOZ APPROVED: ert inheiro, Mayor WH1859369.21 -10- ORDINANCE NO. 2012 -07 040412-04706084 Exhibit A The Downtown Gilroy Specific Plan, Chapter V, entitled "Land Uses," Table 5.2, entitled "PERMITTED USES TABLE" is hereby amended to delete the use classification of Dance Hall and to add the use classifications of Dance Venue, Small; Dance Venue, Medium; and Dance Venue, Large and including the associated footnotes, as follows: Commercial Uses DHD DED CCA TD CD GD DaRee Hall C- C- Dance Venue, Small X X X X X X Dance Venue, Medium13 X X X X X X Dance Venue, Large X14 X14 X14 C13 13 Provided that all provisions set forth in Chapter 8 of the Gilroy City Code are satisfied. 14 Up to three (3) large dance venues are allowed in the DHD- Downtown Historic District, DED- Downtown Expansion District, CCA- Civic /Cultural Arts District, combined, and only located on Monterey Street between 15Y St. and loth St. and only with a Downtown Special Use Permit granted by the Community Development Director or designee and provided that all provisions set forth in Chapter 8 of the Gilroy City Code are satisfied. City Council approval is required for the fourth (4t) or more large dance venue in the DHD- Downtown Historic District, DED- Downtown Expansion District, CCA- Civic /Cultural Arts District, combined, and only located on Monterey Street between 1st St. and loth St. and only with a Downtown Special Use Permit granted by the Community Development Director or designee and provided that all provisions set forth in Chapter 8 of the Gilroy City Code are satisfied. RESOLUTION NO. 2012-07 Exhibit B Table 19.13 (a) of the Gilroy Zoning Ordinance, entitled "Commercial Use Table" is amended to delete the use classification of Dance Hall and to add the use classifications of Dance Venue, Small; Dance Venue, Medium; and Dance Venue, Large and including the associated footnotes, as follows: Commercial Uses PO C1 C3 HC CM Dance Venue, Small X X X X Dance Venue, MediumlZ X X Dance Venue, Large 12 C C iz Provided that all provisions set forth in Chapter 8 of the Gilroy City Code are satisfied. RESOLUTION NO. 2012-07 Exhibit C Table 19.13 (b) of the Gilroy Zoning Ordinance, entitled "Commercial Use Table (Specific Plan Districts)" is amended to delete the use classification of Dance Hall and to add the use classifications of Dance Venue, Small; Dance Venue, Medium; and Dance Venue, Large and including the associated footnotes, as follows: Commercial Uses DHD DIED CCA TD CD GD all C- C- Dance Venue, Small X X X X X X Dance Venue, Mediumis X X X X X X Dance Venue, Large X16 X16 X16 Cis is Provided that all other provisions set forth in Chapter 8 of the Gilroy City Code are satisfied. 16 Up to three (3) large dance venues are allowed in the DHD- Downtown Historic District, DED- Downtown Expansion District, CCA- Civic /Cultural Arts District, combined, and only located on Monterey Street between is` St. and 101h St. and only with a Downtown Special Use Permit granted by the Community Development Director or designee and provided that all provisions set forth in Chapter 8 of the Gilroy City Code are satisfied. City Council approval is required for the fourth (4th) or more large dance venue in the DHD- Downtown Historic District, DED- Downtown Expansion District, CCA- Civic /Cultural Arts District, combined, and only located on Monterey Street between 1st St. and 10th St. and only with a Downtown Special Use Permit granted by the Community Development Director or designee and provided that all provisions set forth in Chapter 8 of the Gilroy City Code are satisfied. RESOLUTION NO. 2012-07 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2012 -07 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 21" day of May, 2012, 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 29�h day of May, 2012. Shawna Freels, CM City Clerk of the Ci (Seal)