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Ordinance 2016-13ORDINANCE NO. 2016-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING TO THE GILROY CITY CODE, CHAPTER 30, SECTIONS 30.31.25, 30.31.30 and 30.31.60 PERTAINING TO OFF- STREET PARKING REQUIREMENTS AND THE DOWNTOWN "OFFICE" PARKING CATEGORY WHEREAS, Gilroy City Code, Chapter 30, Sections 30.31.25(b), 30.31.30 (a) (b) (c) and (d) and 30.31.60(e), specify off - street parking requirements for properties within the City of Gilroy; and WHEREAS, on June 2, 2016, the Planning Commission considered a zoning code amendment request (Z 16 -03), in accordance with the Gilroy Zoning Code, and other applicable standards and regulations; and WHEREAS, on June 2, 2016, the Planning Commission held a duly noticed public hearing on Z 16 -03 and considered the Staff Report dated June 2, 2106, and oral comments related to Z 16 -03 and recommend that the City Council approve Z 16 -03; and WHEREAS, on July 5, 2016, the City Council held a duly noticed public hearing on Z 16 -03 and considered the Staff Reports dated June 2 and July 5, 2016, and oral comments related to Z 16 -03; and WHEREAS, the subject ordinance amendment is covered under Section 15061( b)( 3) of the California Environmental Quality Act (CEQA) Guidelines as an activity that can be seen with certainty to have no possibility for causing a significant effect on the environment. Now, therefore, the City Council of the City of Gilroy does hereby ordain as follows: SECTION I Gilroy City Code, Chapter 30, Article XXXI, "Off- Street Parking Requirements" Sections 30.31.259(b), 30.31.30 (a) (b) (c) and (d), and 30.31.60(e) are hereby amended as set forth in Exhibit "A" and incorporated by this reference. SECTION II 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. 4830 - 8372- 6386v1 JH104706089 SECTION III Pursuant to section 608 of the Charter of the City of Gilroy, this ordinance shall be in full force and effect thirty (30) days from and after the date it is adopted. PASSED AND ADOPTED this I `day of August, 2016, by the following roll call vote: AYES: COUNCILMEMBERS: BRACCO, HARNEY, LEROE- MUIROZ, TUCKER, VELASCO and WOODWARD NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: AULMAN ORDINANCE NO. 2016-13 4830 -837283860 JH04706089 EXHIBIT A ARTICLE XXXI. OFF - STREET PARKING REQUIREMENTS 30.31.25 (b) Downtown specific plan parking requirements. Parking Requirements Medical/Dental 1 space per 400 sq. ft. Offices Office 1 space per 450 N. ft. 30.3130 General off - street parking requirements. (a) The parking requirements listed in the parking schedule are minimum. The maximum parking requirement allowed is ten percent (10 %) above those listed in the parking schedule above. Any parking spaces beyond the ten percent (10 %) must be offset with an equal amount of landscaping to buffer the extra paving. The planning commission may require additional stalls and parking lot areas for any use to provide parking area adequate with the intent of this section. The planning commission may make additional requirements in connection with off -street parking areas which will protect the character of property in the neighborhood. (b) If the calculation for required off - street parking results in a fraction of one -half (1/2) or more of a parking stall, one (1) parking stall shall be provided; and no parking stall is required for fractions of less than one -half (1/2) a stall. (c) Where there is a combination of uses for any one (1) facility on a parcel, the total required off - street parking shall be the sum of the requirements for the various uses calculated separately. The parking provided for one use may not be used to satisfy the parking requirements for another use on the same site, unless all of the following conditions are met to the satisfaction of the Community Development Director: (1) Structures on the site clearly can be used only during limited time periods. (2) The uses occur during completely different periods of time. (3) There will be no conflicts or safety hazards between the proposed uses. (4) A shared parking analysis is prepared by a licensed professional verifying that the parking is suitable for the proposed uses. ORDINANCE NO. 2016-13 4830. 8372 -6Mvl JHW4706089 (d) The parking ratio shall be determined by the planning director for uses that are not specifically included, and that are not closely related to other uses included in the parking space requirement schedule. 3031.60 Off- street parking design criteria. (e) All parking areas shall be paved with an improved surface such as Portland cement concrete, asphaltic concrete, brick, pervious concrete or cobblestones —or other improved surface, except for parking stalls adjacent to an alley for single - family residential uses, which may be paved with crushed rock. ORDINANCE NO. 2016 -13 JH104706089 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2016 -13 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 1 st day of August, 2016, 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 4`h day of August, 2016. Clerk of the City of Gilroy (Seal)