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Ordinance 1984-24 ORDINANCE NO. 84- 24 AN ORDINANCE OF THE CITY OF GILROY AMENDING VARIOUS SECTIONS OF THE ZONING ORDINANCE PERTAINING TO LIQUOR SALES AT GAS STATIONS, THE HISTORIC HERITAGE COMMITTEE, RESIDENTIAL DEVELOPMENT APPROVALS AND OTHER SECTIONS TO CLARIFY INTENT. WHEREAS, the Planning Commission of the City of Gilroy has given due notice of a public hearing upon the proposed Amendment in accordance with the Zoning Ordinance of the City of Gilroy, has held the hearing has approved a Notice of Exemption under California Environmental Quality Act, and has made its report to the Council of the City of Gilroy, in which it recommends that various sections of the Zoning Ordinance be amended as specified herein, and WHEREAS, the Council of the City of Gilroy fixed the 5th day of November 1984, at the hour of 8:00 p.m. in the Council Chambers in the City Hall at 7351 Rosanna Street, Gilroy, California, as the time and place for hearing, the said report and recommendation on the proposed amendments, and due notice of the said hearing has been given in accordance with the said Zoning Ordinance, and a public hearing has now been held upon the said application, at the time and place fixed in the said notice, before the Council, and the Council having duly considered the proposed amendments and the evidence presented, has approved the Notice of Exemption under the California Environmental Quality Act and has determined that the following sections of the Zoning Ordinance should be amended in accordance with the report of the said Planning Commission. NOW, THEREFORE, THE COUNCIL OF THE CITY. OF GILROY DOES ORDAIN AS FOLLOWS: Section 1: Section 18.30 of the Zoning Ordinance is hereby amended as follows: Section 18.30 Commercial Use Table Commercial Uses Gas Station3 Liquor Sales(off-site consumption) PO C1 C2 C3 HC CM C X X X X X X X X X=Unconditionally permitted C=Permitted only with Conditional Use Permit granted by the Planning Commission 3=Sales of alcoholic beverages, which are controlled by the Department of Alcoholic Beverage Control, shall not be considered a permitted use in conjunction with or located on the same premises as any gas station. Section 2: Section 19.30 of the Zoning Ordinance is hereby amended as follows: Section 19.30 Commercial Site and Building Requirement Table Commercial District Reqs. PO C__I C.g c.~ H__C CM YARD REQUIREMENTS (Mino setbacks in ft.) Front 20 20 0 30 20 15 Side (Adjacent to street) 10 10 0 20 20 15 Side (A!l~other side yards) 6 * 0 0 * * Rear * * 0 0 * * * -Setback is the same as that of the most restrictive zone abutting each property line. (There is no setback requirement if the adjacent property is in the same zoning district~) Section 3: Section 20.40 of the Zoning Ordinance is hereby repealed. ORDINANCE NO. 84-24 -2- Section 4: Section 22.30 of the Zoning Ordinance is hereby amended as follows: Section 22.30 Industrial Use Table Industrial Uses Mi M2 Chemical Supply Establishment Manufacturing Plant-Electronic Components,Plastics,Ceramics C X X X~Unconditionally permitted C=Permitted only with Conditional Use Permit granted by the Planning Commission Section 5: Section 27.20 of the Zoning Ordinance is hereby amended as follows: Section 27.20 Permitted Uses and Conditional Use Permits (Historic Districts) Permitted uses in both the Historic Site and Historic Neighborhood Combining Districts include all uses which are permitted for the base zoning district. Any use which is listed as a conditional use for the base zoning district may be allowed to locate within a Historic Site or Neighborhood combining dis- trict subject to the Planning Commission making all the following findings: (a) The proposed conditional use is compatible with the historic nature of the property and would require minimal alteration to the building or site; and (b) All proposed and/or required alterations would not alter the historic significance of the building or site; and (c) The site is adequate to accommodate any required parking, landscaping or other amenities required as a condition of approval of the Conditional Use Permit. Conditional use permits for uses other than those listed as conditional uses may be granted if the above findings are made by the Historic Heritage Committee and the Planning Commission. ORDINANCE NO. 84-24 -3- Section. ~; Section 27~30 of the Zoning Ordinance is hereby amended as follows: Section 27.30 Establishment of Historic Site and Neighborhood Combining Districts The establishment of an Historic Site or Historic Neighborhood District may be in combination with any residential, commercial, industrial or other base district as defined in this Ordinance. The establishment or removal of either an Historic Site or Historic Neighborhood Combining District shall be processed as a zone change. The Historic Heritage Committee shall review all applications for historical designation or removal of historical designation and pass their recommendations on to the Planning Commission and City Council. The zone change fees, which are established from time to time by the City Council, shall be waived for the establishment of, but not the removal of, either an Historic Site or Neighborhood Combining District. Section 7: Section 27.50 of the Zoning Ordinance is hereby amended as follows: Section 27.50 Demolition Procedures (Historic Districts) Ail demolition applications for structures located in either an Historic Site or Historic Neighborhood District shall be reviewed by the Historic Heritage Committee who shall forward their recommendation to the Planning Commission for action on the request. No Architectural and Site Review shall be allowed for any new construction until the Planning Commission has ruled to allow the demolition of the existing structure. Section 8: Section 27.52 of the Zoning Ordinance is hereby amended as follows: Section 27.52 Historic Site Demolition Procedures Demolition of an historically significant structure within an Historic Site Combining District shall first require removal of the Historic Site District designation through the zone change process as provided in this Ordinance. Removal of the Historic Site Combining District is not required where an historically significant structure would remain on the site, despite the demolition of other historic or non-historic structures on the site. A request for demolition may be processed concurrently with the request for a change of zoning district. In order to approve or conditionally approve a demolition request within an Historic Site Combining District, the Historic Heritage Committee, the Planning Com- mission and City Council must make the following findings: ORDINANCE NO. 84-24 -4- (a) (b) The structure proposed for demolition is obviously not restorable; and The applicant's attempts to preserve the structure have proven inconclusive, including, but not limited to: (1) Documented advertisements publicizing the availability of the structure for purchase for restoration purposes; and (2) A map showing investigation into possible sites for relocation of the structure; and (3) Documented letters offering the donation of the structure to non-profit organizations for relocation. The Planning Commission or City Council may suspend action on removal of the Historic Site Designation and demolition application for a period not to exceed one hundred eighty (180) days to allow sufficient time for necessary steps to be taken to preserve the structure. Thereafter, the Planning Commission may recommend approval and the City Council may approve the application for removal of the Historic Site District designation and demolition following a determination that no means of preservation is feasible and the requested district is appropriate. Section 9: Section 27.53 of the Zoning Ordinance is hereby amended as follows: Section 27.53 General Demolition Procedures (Historic Districts) Each request for the demolition of any building over fifty (50) years old which is not in an Historic Site District nor within an Historic Neighborhood District shall be accompanied by one clear photograph, of the front of the building, submitted by the applicant. The age of the structure shall be determined or verified through public records or from an inspection. A demolition permit shall not be issued for such building until the Planning Director, with assistance from the Historic Heritage Committee, has had a period not to exceed thirty (30) days to investigate, document and photograph the building and attempt to arrange for the preservation of the building. After the expiration of the thirty (30) day period, the permit may be issued in accordance with the building department procedures. The thirty (30) day period may be waived by the Chief Building Inspector where there is eminent danger to life, limb or health of the public which requires immediate demolition. ORDINANCE NO. 84-24 -5- Section 10: Section 31.24 of the Zoning Ordinance is hereby amended as follows: Section 31.24 Office, Medical and Financial Uses-Off-Street Parking Requirements Type of Office~ Medical or Financial Uses Off-Street Parking. Requirements Medical, dental, optometry, One (1) stall per one hundred or chiropractic offices and fifty (150) square feet of clients gross floor area, or six (6) stalls per doctor,-~hichever is less Section 11: Section 31.26 of the Zoning Ordinance is hereby amended as follows: Section 31.26 Industrial Uses - Off-Street Parking Requirements Ty?_~ of Industrial Use Warehouses under ten thousand (10,000) square feet of gross floor area Off-Street Parking ~equired One (1) stall per six hundred (600) square feet of gross floor area; minimum: ten (10) spaces per parcel Warehouses over ten thousand (10,000) square feet of gross floor area One (1) stall per five thousand (~000) square feet of gross floor area; minimum: ten (10) stalls per parcel All manufacturing plants, One (1) stall per three research and development hundred fifty (350) square facilities, light industrial feet of gross floor area uses, wholesale service establishments and laboratories Section 12: Section 31.40 of the Zoning Ordinance is hereby amended as follows: Section 31.40 Off-Street Parking Dimension Table Ail residential parking stalls shall be at least ten (10) feet wide, twenty (20) feet long, with a minimum twenty-four (24) foot back-up space. Ail off-street parking facilities, except residential, shall be designed and installed in accordance with Figure 31-1. ORDINANCE NO. 84-24 -6- Section 13: Section 31.63 of the Zoning Ordinance is hereby amended as follows: Section 31.63 (Off-Street Parking Design Criteria) All off-street parking for all uses, except single family and duplex residential uses, shall be designed such that vehicles need not back out of the parking area into a public street. Utilizing a public alley for back-up space is acceptable. For parcels in residential districts which abut both a street designated on the City of Gilroy's General Plan Land Use MaP as either a "Thoroughfare" or a "Collector" and an improved public alley, vehicular access shall be to the alley, and shall not be permitted to the street. Section 14: paragraphs (m) of Section 37.24 and (bb) of Section 37.31 of the Zoning Ordinance are hereby amended as follows: Section 37.24 Exemptions (m) Political signs or placards which are erected less than ninety (90) days before and removed less than ten (10) days after the election for which they are posted. Political signs shall not be placed on any portion of a street, sidewalk, or public right-of-way. Section 37.31 Prohibited Signs (bb) Signs place on any portion of a street, sidewalk, or public right-of-way, excluding signs on newspaper vending machines, which may be permitted. Section 15: Section 37.52 of the Zoning Ordinance is hereby amended as follows: Section 37.52 Master Shopping Center Signs A master shopping center sign may be permitted in any commercial district, except the PO Professional Office District, if the shopping center has at least five (5) distinct commercial business occupants, including twenty thousand (20,000) square feet of floor area. A master shopping center sign may be either freestanding or' wall-mounted and may be permitted in addition to the maximum area of signing allowed under Section 37.50. Where a master shopping center is used, freestanding signs for individual businesses will not be allowed. ORDINANCE NO. 84-24 -7- Section 16: Section 38.22 of the Zoning Ordinance is hereby amended as follows: Section 38.22 Commercial Zones (Landscaping) All commercial development shall provide landscaping within the areas of the development most visible from the adjacent streets. A minimum ten (10) foot wide planter area shall be provided along the street frontage in addition to the public right-of-way. At least eight percent (8%) of the gross land area, in addition to the public right-of-way, shall be landscaped, except in C2 districts where front and side yard setbacks are not utilized. Section 17: Section 40.20 of the Zoning Ordinance is hereby amended as follows: Section 40.20 Permitted Uses Any professional or business activity, except those listed in Section 40.40 as not suitable as a home occupation, is permitted in a dwelling unit as a home occupation only where such a use in a dwelling unit meets all of the following criteria: (d) There shall be no show windows, window displays or advertising on signs, structures or vehicles on or near the site designed to attract customers, clients or the general public to the premises. Section 18: The title of Section 49; Sections 49.30,49.31 and 49._32~of the Zoning Ordinance are. hereby amended as follows: Section 49 Powers of the Zoning Administrator, Planning Commission and Historic Heritage Committee Section 49.30 Powers of the Historic Heritage Committee The purpose and intent of the Historic Heritage Committee is to act as an advisory board to the City Council and Planning Commission on issues relating to the identification, protection, retention and preservation of historic sites and historic neighborhoods in the City of Gilroy. Section 49.31 Committee Membership The Historic Heritage Committee shall consist of five (5) members, each appointed by the Mayor with the approval of the City Council. Terms shall be for two (2) years, and shall be staggered. Members -8- ORDINANCE NO. 84-24 may serve up to a maximum of three (3) consecutive terms. The members shall consist of: (a) One member of the Planning Commission. (b) One member of the City Council. (c) One citizen member with training or experience in structural rehabilitation. (d) Two (2) citizen members knowledgeable in local history or architecture. The Committee shall ask officials, staff and other individuals to sit with the Committee in an advisory capacity when needed. Section 49.32 Committee Powers The Historic Heritage Committee shall have the following powers and duties: (a) To review and investigate any building, structure or other physical object in the city'which is under consideration as an historic site or historic neighborhood. To recommend to the Planning Commission and Council any building, structure or other physical object or group of buildings, structures or other physical objects which it has determined from review and investigation should be an historic site or historic neighborhood. The recommendation shall contain a brief written description of the building, structure or other physical object, and the reasons for the recommendation, drawn from specific criteria. <c> To maintain and update a local register of historic neighborhoods and historic sites within the city. (d> To review and J.nvestigate requests for demolition permits for any building, structure or other physical object in the city which is not listed on the local register of historic sites but is more than fifty (50) years old. (e) To review all applications for permits, environmental assessments, environmental impact reports and other similar documents pertaining to historic sites and historic neighborhoods. -9- ORDII~ANCE NO. 84-24 (f) To make recommendations to the City's Street naming Committee regarding possible new street names from Gilroy's cultural and historical past. (g) To institute and support such programs and projects as will help make the citizens of the City and its visitors aware of its origin, development and historic significance. (h) To perform such other duties relating to the city history and historic sites and neighborhoods as the City Council requires. Section 19: Section 50.41 of the Zoning Ordinance is hereby amended as follows: Section 50.41 (Architectural and Site) Review The Planning Director shall review and decide applications for architectural and site approval, and shall be bound by any uniform standards adopted by City Council or Planning Commission relating to the intent, scope or review, of requirements of architectural and site approval. The Planning Director shall review and may issue architectural and site approval for the following uses: (a) Construction or major remodeling of structures i~ an industrial, commercial, professional office, public facilities or open space zone. (Major remodeling includes any structurally separate building additions or alterations within any twelve (12) month period exceeding fifty percents(50%) of the value of the existing building value to be determined by the City Building Department). Residential developments having two (2) or more total units on a parcel. (c) Relocated or moved buildings. (d) The Planning Director shall review and determine which changes in an Historic Site or Neighborhood District are not significant, and therefore do not require further review. The Historic Heritage Committee shall review and make recommendations to the Planning Commission on applications for architectural and site approval, involving significant changes, and shall be bound by any uniform standards adopted by City Council or Planning Commission relating to the intent, scope or review, of requirements of ORDINANCE NO. 84-24 Architectural and Site approval. The Planning Commission shall review and may issue architectural and site approval for the following uses: (1) Remodeling or construction in an Historic Neighborhood (HN) combining district, as defined in Section 27.41, involving significant changes, as determined by the Planning Director. (2) Remodeling or construction in an Historic Site (HS) combining district, as defined in Section 27.42, involving significant changes, as determined by the Planning Director. Any other remodelings, except as indicated above, shall be exempt from architectural and site approval. A building permit shall not be issued until architectural and site approval is obtained from the Planning Director or the Planning Commission, if appealed. Section 20: Section 50.62 of the Zoning Ordinance is hereby amended as follows: Section 50.62 Application (for Residential Development) (a) The provisions of this Ordinance shall apply to all residential development proposed to be constructed within the City of Gilroy, except for those residential developments specifically listed as exempt in paragraph (b) following. The following types of residential projects are exempted from the provisions of this Section. Such projects, however, shall be processed in accordance with this and all other applicable ordinances and regulations. A project may not qualify for more than one of the following exemptions. (1) Projects containing four (4) or fewer dwelling units, four (4) or fewer sin- gle family residential lots, or subdivisions of land into four (4) or fewer parcels are exempt. An applicant who, within any three (3) year period, groups contiguous parcels which would result in development of a series of projects having more than four (4) total parcels shall not be exempt from the require- ments of this Ordinance. -11~ ORDINANCE NO. 84-24 (2) Replacement dwellings of substandard dwelling units are exempt. The number of exempted new dwelling units shall not exceed by more than four (4) dwelling units, the number of dwelling units removed for such replacement on any parcel. Relocation of dwelling units existing within Gilroy to another site shall be exempt. A residential development project sponsored and funded by government agencies is exempt if the project is approved by a referendum vote, or the project consists of twenty (20) units or less and the project is specifi- cally approved for exemption by the City Council. Section 21: Section 50.66(f) and 50.67 of the Zoning Ordinance is hereby amended as follows: Section 50.66 (f) Competitive Evaluation and Ranking Procedures (RDO) Build-out schedules shall not be assigned for more than three (3) years, nor shall any individual project be assigned more than twenty-five percent (25%) of the Numerical Limit for each year of the build-out schedule. Section 50.67 Expiration (a) Those projects which receive a build-out assignment from the City Council, and which require submittal of a tentative map or parcel map (residential tracts and condominiums), shall submit a complete map application prior to February 28th of the first year for which build-out has been assigned. Tentative maps will not be approved for more lots (dwelling units) than the total of the three year build-out assignment for each project. An approved tentative map shall be valid for two (2) years. Time extensions for a residential tentative map may be granted only if the tentative map is proposed as a phased map and the maximum number of lots allowed to be finalled in each phase is equal to, or less than, the build-out as assigned by the City Council for the build-out year of such phase. (b) Those projects which.receive a build-out assignment from the City Council, and which do not require submittal of a tentative map or parcel map, shall be required to submit a complete architectural and site review applica~oD. (in accordance with the procedures of Section -12- ORDINANCE NO. 84-24 of this Ordinance) prior to February 28th of the year for which build-out has been assigned. The Architecture and Site review approval is valid for one year and may be extended a maximum of~' one additional year prior to obtaining a building permit. Ail residential projects with a build-out assignment shall submit, with the tenta- tive map as required in paragraph (a) above or the Architectural and Site Design Approval application as required in paragraph (b) above, a non-refundable deposit, the amount of which shall be established from time to time by resolution of the City Council. This deposit shall be fully credited to subsequent development fees and/or building permit fees. The build-out assignments for the first year and all subsequent years for any project which fails to meet the February 28 submittal deadline as required in paragraphs (a) and (b) above shall become immediately null and void. Section 22. Ail ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 23. This ordinance shall take effect and be in full force thirty (30) days from and after its passage and approval. PASSED AND ADOPTED this 3rd day of December, 1984, by the following vote: AYES: COUNCIL}~MBERS: ALBERT, GAGE, MUSSALLEM, PATE, VALDEZ and HUGHAN NOES: COUNCILMEMBERS: KLOECKER ABSENT: COUNCILMEMBERS: NONE APPROVED: ORDINANCE NO. 84-24 -13- I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 84-24 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council.held on the 3rd day of December , 19 84 prmsent. __,~ at which meeting a quorum was affixed the Official Seal of the City of Gilroy, this IN WITNESS WHEREOF, I have hereunto set my hand and 10th day of , 1984 of Gi~ December fity Clerk of the City (Seal)