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Ordinance 2013-02ORDINANCE NO. 2013-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING: (1) THE TEXT OF THE DOWNTOWN GILROY SPECIFIC PLAN TO ESTABLISH A MINIMUM DENSITY OF 20 UNITS PER ACRE FOR THE RESIDENTIAL PORTION OF MIXED USE PROJECTS IN THE HISTORIC, CANNERY AND EXPANSION DISTRICTS; AND (2) THE TEXT OF THE GILROY ZONING ORDINANCE TO ESTABLISH A MINIMUM DENSITY OF 20 UNITS PER ACRE IN THE R -4 HIGH DENSITY RESIDENTIAL ZONING DISTRICT AND FOR THE RESIDENTIAL PORTION OF MIXED USE PROJECTS IN THE HISTORIC, CANNERY AND EXPANSION 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 City initiated four applications for it proposed Phase I of implementation of the Housing Element of the City's General Plan; and WHEREAS, the four applications are General Plan Map Amendment GPA 12 -01 (Amendment to the General Plan Map), Zoning Amendment Z 12 -06 (Amendment to the Zoning Ordinance Text), Zoning Amendment Z 12 -07 (Amendment to the Zoning Map) and Zoning Amendment Z 12 -08 (Amendment to the Downtown Specific Plan) ( "Project "); 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 the proposed amendment (Z 12 -08 /Specific Plan Amendment) will establish a minimum density of 20 units per acre for the residential portion of mixed use projects in the Historic, Cannery and Expansion Districts in the Downtown Specific Plan area; and WHEREAS, the proposed Gilroy Zoning Ordinance Amendments (Z 12 -06 /Text Amendment) will amend the R -4 zoning regulations to establish the density range of 20 to 30 units per acre and establish a minimum density of 20 units per acre for the residential portion of WHM38229.1 -1- ORDINANCE NO. 2013 -02 012913 - 04706083 mixed use projects in the Historic, Cannery and Expansion Districts in the Downtown Specific Plan area; and WHEREAS, the proposed amendments to the Downtown Specific Plan and Gilroy Zoning Ordinance are consistent with the City's General Plan, as amended by GPA 12 -01, because they provide a means to implement Phase I of the Housing Element by providing adequate areas available for high density residential housing, which may also provide sites for affordable residential housing; and WHEREAS, the Planning Commission held a duly noticed public hearing on January 10, 2013, at which time the Planning Commission considered the public testimony, the staff report dated January 10, 2013, ( "Staff Report"), and all other documentation related to the Project, and recommended that the City Council approve said the proposed amendments to the Downtown Specific Plan and Gilroy Zoning Ordinance; and WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "), the City Council on January 28, 2013, adopted a mitigated Negative Declaration for the Project finding that it was completed in compliance with CEQA, that it reflects the independent judgment of the City, and that there is no substantial evidence in the record that the project as mitigated will have a significant effect on the environment; and WHEREAS, the City Council held duly noticed public hearing on January 28, 2103, at which time the City Council considered the public testimony, the supplemental staff report dated January 28, 2013, the Staff Report, and all other documentation related to the proposed amendments to the Downtown Specific Plan and Gilroy Zoning 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 The City Council hereby finds: 1JH\1138229.1 -2- ORDINANCE NO. 2013-02 012913-04706083 A. The proposed amendments to the Downtown Specific Plan and Gilroy Zoning Ordinance are consistent with the City's General Plan, as amended by GPA 12 -01, because they provide a means to implement Phase I of the Housing Element by providing adequate areas available for high density residential housing, which may also provide sites for affordable residential housing. B. The adoption of the proposed amendments to the Downtown Specific Plan and Gilroy Zoning Ordinances will not be detrimental to the public welfare or injurious persons or property in the vicinity. C. There is no substantial evidence in the record that the adoption of the proposed amendments to the Downtown Specific Plan and Gilroy Zoning Ordinance with the required mitigations will cause any significant environmental impacts. SECTION II Based on the above findings, the Downtown Gilroy Specific Plan, Chapter V, entitled "Districts, Land Use, and Development Standards," the "Permitted Uses Table," Table 5.2, Footnote 2, page 59, is hereby amended to read as follows: "Residential units may be allowed in conjunction with an existing business. All residential unit projects within commercial zones shall comply with the following guidelines: a. The number of residential units shall not compromise the quality or character of any existing or proposed businesses located on the same property; b. The number of residential dwellings shall be limited by the availability and provision of off - street parking stalls or as allowed by ordinance; c. All bedrooms proposed for residential use shall meet minimum square footage requirements in compliance with the Uniform Building Code; and d. Open space shall be provided, when feasible. (e) Notwithstanding subsections (a) and (b) above, the minimum residential density in the DHD, DED and CD districts shall be 20 units per acre." 1JH\1138229.1 -3- ORDINANCE NO. 2013-02 012913- 04706083 SECTION III Based on the above findings, the Downtown Gilroy Specific Plan, Chapter V, entitled "Land Uses," entitled "DOWNTOWN HISTORIC DISTRICT CHARACTER" page 63, is hereby amended to include the following standard: "INTENSITY Non Residential and/or Mixed -Use Projects Max FAR: 2.5 FAR The minimum density for the residential component of mixed use projects is twenty dwelling units per acre." SECTION IV Based on the above findings, the Downtown Gilroy Specific Plan, Chapter V, entitled "Districts, Land Uses, and Development Standards," subsection entitled "DOWNTOWN EXPANSION DISTRICT CHARACTER" page 69, is hereby amended to include the following standard: "INTENSITY Non Residential and/or Mixed -Use Projects Max FAR: 2.5 FAR The minimum density for the residential component of mixed use projects is twenty dwelling units per acre." SECTION V Based on the above findings, the Downtown Gilroy Specific Plan, Chapter V, entitled "Districts, Land Uses, and Development Standards," subsection entitled "DOWNTOWN CANNERY DISTRICT CHARACTER" page 89, is hereby amended to include the following standard: "INTENSITY Non Residential and/or Mixed -Use Projects Max FAR: 2.5 FAR The minimum density for the residential component of mixed use projects is twenty dwelling; units per acre. Stand Alone Residential MaK-Density: 20 to 40 du/ac." 1JH\1138229.1 4- ORDINANCE NO. 2013-02 012913-04706083 SECTION VI Based on the above findings, Section 8.40 of the Gilroy Zoning Ordinance, entitled "Density" is amended to read as follows: "The minimum site area shall be one (1) dwelling unit per one thousand four hundred fifty two (1,452) square feet up to a maximum site area of two thousand seven hundfed twenty one hundred seventy eight (2,178) square feet per unit." SECTION VII Based on the above findings, Section 14.13 of the Gilroy Zoning Ordinance, entitled "Density" is amended to read as follows: "The Downtown Historic District (DHD) allows commercial and mixed use projects. Commercial and mixed use projects have a maximum floor area ratio (FAR) of 2.5. The minimum density for the residential component of mixed use projects is twenty dwelling units per acre." SECTION VIII Based on the above findings, Section 14.23 of the Gilroy Zoning Ordinance, entitled "Density" is amended to read as follows: "The Downtown Expansion District (DED) allows commercial and mixed use projects. Commercial and mixed use projects have a maximum floor area ratio (FAR) of 2.5. The minimum density for the residential component of mixed use projects is twenty dwelling units per acre." SECTION IX Based on the above findings, Section 14.53 of the Gilroy Zoning Ordinance, entitled "Density" is amended to read as follows: "The Cannery District (CD) is composed of commercial and mixed use projects and stand alone residential projects. Commercial and WH\1138229.1 -5- ORDINANCE NO. 2013 -02 012913 - 04706083 mixed use projects have a maximum floor area ratio (FAR) of 2.0. The minimum density for the residential component of mixed use projects is twenty dwelling units per acre. Stand alone residential projects are at most must develop at a density ranging from 20 to 40 dwelling units per acre (du/ac)." SECTION X Based on the above findings, Section 19.13(b) of the Gilroy Zoning Ordinance, entitled "Commercial Use Table (Specific Plan Districts)" footnote 2, is amended to read as follows: "All residential unit projects within commercial zones shall comply with the following guidelines: (a) The number of residential units shall not compromise the quality or character of any existing or proposed businesses located on the same property; (b) The number of residential dwellings shall be limited by the availability and provision of off street parking stalls or as allowed by ordinance; (c) All bedrooms proposed for residential use shall meet minimum square footage requirements in compliance with the Uniform Building Code; and (d) Open space shall be provided, when feasible. (e) Notwithstanding subsections (a) and (b) above, the minimum residential density in the DHD, DED and CD districts shall be 20 units per acre." SECTION XI The proposed amendments to the Downtown Specific Plan and Gilroy Zoning Ordinance will be effective if, and only if, GPA 12 -01 is approved. SECTION XII 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. W1138229.1 -6- ORDINANCE NO. 2013 -02 012913-04706083 SECTION XIII 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. PASSED AND ADOPTED this 4th day of February, 2013 by the following roll call vote: AYES: COUNCILMEMBERS: ARELLANO, AULMAN, BRACCO, LEROE- MUNOZ, TUCKER and GAGE NOES: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WOODWARD APPROVED: i Donald Gage, Mayor ATTEST f Sha- yr a Freels, City I Uffil138229.1 -7- ORDINANCE NO. 2013 -02 012913-04706083 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2013 -02 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 4th day of February, 2013, 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 5th day of February, 2013. City Clerk of the City of Gilroy (Seal)