ORDINANCE NO. 2023-137
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GONZALES
APPROVING THE PRE-ZONING OF THE GONZALES COOLER DEVELOPMENT
PROPERTY TO INDUSTRIAL
WHEREAS, the adopted City of Gonzales 2010 General Plan defines and designates certain lands for urban growth and development within areas designated by the General Plan; and WHEREAS, the City of Gonzales and the County of Monterey developed, adopted, and signed a memorandum of agreement (MOA) in 2014, incorporated herein by reference, to cooperate on common planning, growth, and development issues; and WHEREAS, the MOA established planning principles for both parties to promote logical and orderly development, direct development away from the best agricultural lands, stay within the urban growth boundary established by the City’s General Plan and the MOA, and provide compact urban form development through the use of specific plans; and WHEREAS, the Monterey County Local Agency Formation Commission (“LAFCO”) is the agency with jurisdiction over Sphere of Influence (SOI) amendments and reorganizations of boundaries within Monterey County; and
WHEREAS, the Planning Commission of the City of Gonzales recommends that the City Council requests that proceedings to apply to LAFCO for reorganization are initiated, including annexation of approximately 48.97 acres of property (“Subject Property”) to the city; and
WHEREAS, on April 24th, 2023, the Planning Commission conducted a noticed public hearing to consider a recommendation to the City Council for pre-zoning, and considered the Staff Report and oral report for this item and approved Resolution PC 2023-04; and WHEREAS, notice of the public hearing on this ordinance was given and published in the manner required by law and by the City of Gonzales, and the public hearing on was held on May 15th, 2023 before the City Council; and
WHEREAS, the City of Gonzales complied with the requirements of the California Environmental Quality Act (“CEQA”), and considered and certified the Final Environmental Impact Report for the City of Gonzales 2010 General Plan, the 2014 General Plan EIR Sphere of Influence Expansion Addendum and the City Council has reviewed and adopted the Initial Study/Mitigated Negative Declaration for the proposed Gloria Road Agricultural Cooler Project; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Gonzales hereby adopts an ordinance that pre-zones the subject property to Industrial “I” as follows:
ATTACHMENT C
SECTION 1. Findings for Adoption of Pre-zoning and Amendment of the Zoning Map The City Council hereby makes the following findings concerning the pre-zoning of property and amendment to the City zoning map proposed by the Rianda Family Partnership pursuant to Gonzales City Code Section 12.16- Permit Application Submittal:
1. That the proposed pre-zoning is consistent with the general plan.
The City General Plan designation for the project site is currently Neighborhood Residential and the project area is identified as a specific plan area in the General Plan. As part of the proposed development, the request includes a concurrent General Plan Amendment to change the site to Industrial/Manufacturing and removes the requirement for a Specific Plan as the proposed project is a single site and use. The proposed re-zoning is Industrial, to support the development of the cooler project as allowed in Section 12.88 of the Gonzales City Code. All other existing sections of the Gonzales General Plan support the development of the cooler project and annexation in the City, and therefore the proposed pre-zoning is consistent with the General Plan.
2. That the proposed zoning and/or amendment will be beneficial to and not detrimental to the public health, safety, or welfare.
Pre-zoning the Project site to Industrial is consistent with the amended General Plan’s vision for the project site. The proposed pre-zoning district will be beneficial to public health, safety, and welfare by allowing the agricultural cooler to be established on the Project site with appropriate conditions to ensure the public health, safety and welfare of the community and ensure compatibility with existing and proposed development on surrounding properties and as the project is proposed incorporates numerous elements and mitigation measures which will advance public health, safety, and welfare.
3. That with the proposed pre-zoning adequate and available sites remain to mitigate the loss of residential density on the subject property to accommodate the City's "fair share" regional housing needs used by the State Department of Housing and Development in determining compliance with Housing Element Law pursuant to Government Code Section 65863(b).
The proposed pre-zone on the site will eliminate a portion of the property in the General Plan area that would allow the development of the site with residential uses that would enhance the availability of housing in the City and assist in meeting the City’s “fair share” regional housing needs. However, the Gonzales General Plan has more than adequate designated residential areas remaining to meet the housing obligation for the 6th Cycle Housing Element Update of 1,266 housing units for the upcoming 2023-2031 planning horizon.
SECTION 2. Adoption of Pre-zoning and Amendment of the Zoning Map Based on the findings set forth in the preceding section, the City Council ordains that the official pre-zone adopted for Assessor’s Parcel Number 223-032-019 containing approximately 44.8 acres located at 31958 Gloria Road shall be Industrial (I) and further amends the Zoning Map as referred to in Section 12.56.030 of the Gonzales City Code and depicted on Exhibit A attached hereto and by reference incorporated herein.
SECTION 3. Compliance with the California Environmental Quality Act.
The City Council has adopted a Mitigated Negative Declaration, which evaluated the impacts of the implementation of this ordinance, including the Mitigation Monitoring and Reporting Program.
SECTION 4. Effective Date.
This ordinance shall be in full force and effective 30 days after its adoption and shall be published and posted as required by law.
I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by title, at a regular meeting thereof held on the 15th day of May 2023, and adopted the Ordinance after the second reading at a regular meeting held on the 5th day of June, 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
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Jose L. Rios, The Honorable Mayor
ATTEST:
__________________________
Mary Villegas, Deputy City Clerk
I, Mary Villegas, Deputy City Clerk of the City of Gonzales, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of Gonzales on the date and by the vote indicated herein.
Exhibit A: Pre-zoning Map