Resolution 2018-35I
RESOLUTION NO. 2018-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY AMENDING THE DOWNTOWN SPECIFIC PLAN IN
CONNECTION WITH AN ORDINANCE AMENDING SECTION
30.19.10 (c) (2) OF THE GILROY CITY CODE TO ALLOW
GROUND -FLOOR OFFICES IN THE AREA NORTH OF
FOURTH STREET AND SOUTH OF SIXTH STREET WITHIN
THE DOWNTOWN HISTORIC DISTRICT WITHOUT A
CONDITIONAL USE PERMIT FOR TWO YEARS, AND TO
SIMPLIFY THE SPECIFIC PLAN SUCH THAT LAND USES
WILL BE SPECIFIED IN THE ZONING CODE, NOT
SEPARATELY IN THE SPECIFIC PLAN
WHEREAS, the City of Gilroy proposed Zoning Text Amendments to the Zoning
Ordinance of the Gilroy City Code to allow office uses on the ground floor in the area north
of 4h Street and south of 6t' Street in the Downtown Historic District (DHD) without
requiring a conditional use permit for a period of two years, along with a corresponding
amendment to the Downtown Specific Plan; and
WHEREAS, the City has determined that the review and approval of the provision
contained in the Zoning Text Amendment file number Z 18 -03 and this amendment of the
Downtown Specific Plan is exempt from environmental review under the California
Environmental Quality Act ( "CEQA ") pursuant to the provisions of Section 15061(b) (3) of
the CEQA Guidelines, which states that a project is exempt from CEQA when "[t]he activity
is covered by the general rule that CEQA applies only to projects which have the potential for
causing a significant impact to the environment. Where it can be seen with certainty that there
is no possibility that the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA;" and
WHEREAS, although 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; however, in the area covered by this Ordinance
there continue to be numerous ground floor vacancies that could potentially be available for
office use, at least on a limited basis; and
WHEREAS, the proposed Zoning Ordinance Text Amendment and this amendment of
the Downtown Specific Plan support the City Council's downtown revitalization goal, and are
consistent with Goal 5 of the Economic Development Strategic Plan, which seeks to enhance
downtown as a local and visitor destination; and
RESOLUTION NO. 2018-35
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WHEREAS, the proposed Zoning Ordinance Text Amendment and this amendment of
the Downtown Specific Plan support the General Plan's goal of providing a mix of traditional
and new businesses in and around Gilroy's historic downtown, and support General Plan
Policy 3.26 by encouraging new office businesses to locate in downtown; and
WHEREAS, the proposed Zoning Ordinance Text Amendment and this amendment of
the Downtown Specific Plan will simplify the process for a potential business to locate in the
ground floor, which may generate employees to further support downtown businesses; and
WHEREAS, the Planning Commission received and considered a staff report
pertaining to Zoning Text Amendment file number Z 18 -03 and this amendment of the
Downtown Specific Plan; and
WEREAS, the Planning Commission held a duly noticed public hearing on May 17,
2018, at which time the Planning Commission took and considered the written and oral public
testimony related to Zoning Text Amendment file number Z 18 -03 and this amendment of the
Downtown Specific Plan and thereafter recommended that the City Council approve said
application; and
WHEREAS, the City Council received and considered a staff report pertaining to
Zoning Text Amendment file number Z 18 -03 and this amendment of the Downtown Specific
Plan; and
WHEREAS, the City Council held a duly noticed public hearing on June 18, 2018, at
which time the City Council took and considered written and oral public testimony, the staff
report dated March June 18, 2018, and all other documentation related to application Z 18 -03
and this amendment of the Downtown Specific Plan; and
WHEREAS, it will eliminate redundancy and confusion to remove the Permitted Uses
Table from the Downtown Specific Plan and instead just refer to the Commercial Use Table
of the Zoning Ordinance; and
WHEREAS, the location and custodian of the documents or other materials that
constitute the record of proceedings upon which Z 18 -03 and this amendment of the
Downtown Specific Plan approval is based is the office of the City Clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF GILROY AS FOLLOWS:
SECTION I
The City Council finds that:
RESOLUTION NO. 2018-35
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1. This amendment to the Downtown Specific Plan is consistent with the intent of
the goals and policies of the City's General Plan and consistent with the revisions to the Zoning
Ordinance mentioned above.
2. There is no substantial evidence in the record as a whole that the project will have
a significant effect on the environment.
SECTION II
The Downtown Specific Plan is hereby modified as follows:
The Permitted Uses Table and its footnotes contained on pages 55 -59 of the Downtown
Specific Plan are hereby deleted and replaced with the following text: "See Downtown
Commercial Use Table in the Zoning Ordinance, Gilroy City Code, Chapter 30, for the table of
permitted uses."
SECTION III
This Resolution shall be in full force and effect thirty (30) days after the date of its
adoption.
PASSED AND ADOPTED this 6h day of August, 2018, by the following vote:
AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, HARNEY, LEROE-
MUNOZ, TOVAR, TUCKER and VELASCO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE �.
Velasco, Mayor
RESOLUTION NO. 2018-35
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2018 -35 is an original resolution, or true and correct copy of a city
Resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said
Council held on the 6th day of August, 2018, 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 8th day of
2018.
Shawna Freels, MMC
City Clerk of the City of Gilroy
(Seal)