Ordinance 2018-09I
ORDINANCE NO. 2018-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING SECTION 30.19.10(c)(2) OF
CHAPTER 30 OF THE GILROY CITY CODE TO ALLOW
GROUND -FLOOR OFFICES IN AREA NORTH OF 4TH
STREET AND SOUTH OF 6TH STREET WITHIN THE
DOWNTOWN HISTORIC DISTRICT WITHOUT A
CONDITIONAL USE PERMIT FOR A PERIOD OF TWO (2)
YEARS
WHEREAS, the City of Gilroy proposed Zoning Text Amendment Gilroy Zoning of
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 area north of 4th Street and south of 6th Street in the
Downtown Historic District (DHD) without requiring a conditional use permit for a period of
two years; 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 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
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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
WHEREAS, the proposed Zoning Ordinance Text Amendment 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
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 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
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
WHEREAS, the location and custodian of the documents or other materials that
constitute the record of proceedings upon which Z 18 -03 approval is based is the office of the
City Clerk.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
The City Council finds that:
1. The proposed Zoning Ordinance Text Amendment (Z 18 -03) 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.
2. The proposed Zoning Ordinance Text Amendment will not create any adverse
environmental impacts;
3. The proposed Zoning Ordinance Text Amendment will not be detrimental to the public
peace, health, safety, morals, or welfare; and
4. The proposed Zoning Ordinance Text Amendment will not be detrimental to persons or
property in the City.
SECTION II
Zoning Ordinance Text Amendment file number Z 18 -is hereby approved and Section
30.19.10(c)(2) of Chapter 30 (Zoning Ordinance) of the Gilroy City Code is hereby amended by
amending the Downtown Commercial Use Table as follows:
(A) The rows for Desktop Publishing /Copy Shop and Office are amended to read as
follows:
Commercial Uses
DHD
DED
CCA
TD
CD
GD
Desktop Publishing/Copy Shop
X4
X
X
X
X
X
Office
)0,22
X
X
X
X
X
(B) Footnote 4 is amended to read as follows:
4. These uses are unconditionally permitted on the second story and above. Any time
these uses are proposed for the ground level or first floor (sidewalk level), a conditional
use permit is required. Residential units in these zones shall not front on the street.
(C) Footnote 22 is added as follows:
22 Within the Downtown Historic District (DHD) zone district, along Monterey Road
north of 4th Street and south of 6th Street, ground level active office uses shall be
allowed without a conditional use permit until September 1, 2020. Active office uses are
those that operate in a manner that promotes and enhances pedestrian activity in the
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downtown area, in alignment with the Downtown Specific Plan vision. After that date,
conditional use permit approval shall be required for such uses throughout the DHD zone
district.
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, the validity of the remaining portion of this Ordinance shall not be affected thereby.
SECTION IV
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 of its adoption.
PASSED AND ADOPTED this 6th day of August, 2018 by the following roll call vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: BLANKLEY, BRACCO, HARNEY, LEROE-
MUNOZ, TOVAR, TUCKER and VELASCO
COUNCILMEMBERS:
COUNCILMEMBERS:
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7i4i9nig
NONE
NONE
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ORDINANCE NO. 2018 -09
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2018 -09 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 6h 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 7"' day of August, 2018.
City Clerk of the City of Gilroy
(Seal)