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Ordinance 2014-05ORDINANCE NO. 2014-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING SECTION 30.19.10(c) (2) OF THE GILROY CITY CODE TO ALLOW GROUND -FLOOR OFFICES IN THE DOWNTOWN HISTORIC DISTRICT WITHOUT A CONDITIONAL USE PERMIT FOR A PERIOD OF THREE (3) YEARS WHEREAS, the City of Gilroy proposed a Zoning Text Amendment to modify Footnote 4 of Section 30.19.10(c)(2) of Chapter 30 (Zoning Ordinance) of the Gilroy City Code 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; and WHEREAS, the city has determined that the review and approval of the provision contained in the subject Zoning Text Amendment file number Z 14 -03 is exempt from environmental review under the California Environmental Quality Act ( "CEQA ") pursuant to the provisions of Section 15303 of the CEQA Guidelines in that the change would allow conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure; and WHEREAS, 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 is available for retail and entertainment uses, though due to the current economic downturn, there is excess ground floor space available, at least on a limited -time basis; and WHEREAS, the proposed Zoning Ordinance Text Amendment supports the council's downtown revitalization goal, and it is consistent with Goal 5 of the Economic Development Strategic Plan, which seeks to enhance downtown as a local and visitor destination; and WHEREAS, the proposed Zoning Ordinance Text Amendment supports the General Plan's goal of providing a mix of traditional and new businesses in and around Gilroy's historic downtown, and it supports General Plan Policy 3.26 by encouraging new office businesses to locate in downtown; and ORDINANCE NO. 2014-05 WHEREAS, the proposed Zoning Ordinance Text Amendment will simplify the process for a potential office to locate in the ground floor in the Downtown Historic District which may generate employees to further support downtown businesses; and WEREAS, the Planning Commission held a duly noticed public hearing on March 6, 2014, at which time the Planning Commission received and considered a staff report pertaining to Zoning Text Amendment file number Z 14 -03, took and considered the written and oral public testimony related to Zoning Text Amendment file number Z 14 -03, and thereafter recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public hearing on April 7, 2014, at which time the City Council took and considered written and oral public testimony, the staff report dated March April 7, 2014, and all other documentation related to application Z 14 -03; and WHEREAS, an amendment will be necessary to the Downtown Specific Plan so that the Specific Plan is consistent with the subject approval of Z 14 -03, and pursuant to Section IX of the Downtown Specific Plan, insignificant amendments may be made by the Planning Manager, and this amendment is determined to be minor in nature given 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 OF THE CITY OF GILROY HEREBY FINDS: A. The proposed Zoning Ordinance Text Amendment is consistent with the intent of the goals and policies of the City of Gilroy's General Plan through its promotion of bringing offices to Downtown in an effort to stimulate and create a more active Downtown; -2- ORDINANCE NO. 2014 -05 B. The proposed Zoning Ordinance Text Amendment will not create any adverse environmental impacts; C. The proposed Zoning Ordinance Text Amendment will not be detrimental to the public peace, health, safety, morals, or welfare; and D. The proposed Zoning Ordinance Text Amendment will not be detrimental to persons or property in the City. SECTION II Based on the above findings and the evidence in the record, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: Zoning Ordinance Text Amendment file number Z 14 -03 is hereby approved and Footnote 4 of Section 30.19.10(c) (2) of Chapter 30 (Zoning Ordinance) of the Gilroy City Code is repealed in its entirety and replaced with a new footnote to read as follows: These uses are unconditionally permitted on the second story and above. Any time 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 (3) years until May 21, 2017. After that date, conditional use permit approval shall be required for new first floor office uses in the DHD. Residential units in these zones shall not front on the street. SECTION III 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 any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. -3- ORDINANCE NO. 2014 -05 SECTION IV This Ordinance shall be in full force and effect thirty (30) days after the date of its passage and adoption and shall remain effective for three (3) years from the effective date of June 4, 2014, or such further date as set forth by resolution of the City Council. PASSED AND ADOPTED on this 5 1 day of May, 2014 by the following roll call vote: AYES: COUNCILMEMBERS: ARELLANO, AULMAN, BRACCO, LEROE- MUNOZ, TUCKER, WOODWARD and GAGE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ATTEST: Freels, City C APPROVED: Donald Gage, Mayor -4- ORDINANCE NO. 2014-05 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2014 -05 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 5`h day of May, 2014, 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 Bch day of May, 2014. ,)Awna Freels, MMC ity Clerk of the City of Gilroy (Seal)