Ordinance 2013-03ORDINANCE NO. 2013-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING THE GILROY ZONING MAP TO
REZONE 12 PARCELS R -4 HIGH DENSITY
RESIDENTIAL INCLUDING THE FOLLOWING: APNS
808 -01 -016, 808 -01 -021, 808 -01 -022, 808 -01 -023, 790 -21 -041,
790 -35 -001, 790 -36 -002, 790 -14 -025, 790 -14 -075, 790 -14 -091,
790 -15 -036, and 790 -15 -041
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 proposed Gilroy Zoning Ordinance Amendment (Z 12 -07 /Zoning Map
Amendment) will amend the Gilroy Zoning Map to rezone the five areas from R -3 Medium
Density residential, C -3 Shopping Center Commercial and CM Commercial Industrial to R -4
High Density Residential; and
WHEREAS, the proposed amendment to Gilroy Zoning Ordinance is 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
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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:
A. The proposed amendment to the Gilroy Zoning Ordinance (Z 12 -07 /Zoning Map
Amendment) is consistent with the City's General Plan, as amended by GPA 12 -01, because it
provides 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 amendment to the Gilroy Zoning Ordinance (Z 12-
07 /Zoning Map Amendment) will not be detrimental to the public welfare or injurious persons or
property in the vicinity.
UH\1138236.1 -2- ORDINANCE NO. 2013 -03
012913-04706083
C. There is no substantial evidence in the record that the adoption of the proposed
amendment to the Gilroy Zoning Ordinance (Z 12 -07 /Zoning Map Amendment) with the
required mitigations will cause any significant environmental impacts.
SECTION II
The Gilroy Zoning Map is hereby amended to rezone the five areas from R -3 Medium
Density residential, C -3 Shopping Center Commercial and CM Commercial Industrial to R -4
High Density Residential, as set forth on the map attached hereto as Exhibit "A" and
incorporated by this reference. The parcels are further referred to as APNS 808 -01 -016, 808 -01-
021, 808 -01 -022, 808 -01 -023, 790 -21 -041, 790 -35 -001, 790 -36 -002, 790 -14 -025, 790 -14 -075,
790 -14 -091, 790 -15 -036, and 790 -15 -041.
SECTION III
The proposed amendment to the Gilroy Zoning Ordinance (Z 12 -07 /Zoning Map
Amendment) will be effective if, and only if, GPA 12 -01 is approved.
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, the validity of the remaining portion of this Ordinance shall not be affected thereby.
SECTION V
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.
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012913-04706083
PASSED AND ADOPTED this 4th day of February, 2013 by the following roll call vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, LEROE- MUNOZ,
TUCKER, WOODWARD and GAGE
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS
NONE
AULMAN
APPROVED:
j m"t, g� It aL4
Donald Gage, Mayor
UHM38236.1 -4- ORDINANCE NO. 2013 -03
012913 - 04706083
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I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2013 -03 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.
Shawna Freels, MMC
City Clerk of the City of Gilroy
(Seal)