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Ordinance 1987-05 ORDINANCE NO~ 87~5 AN ORDINANCE OF THE CITY OF GILROYAMENDING SECTIONS 2.20, 5.10, 5.40, 6.10, 6.40, 7.10, 7.40~ 8~40, 10,30, 11.30, 14.10, 18.30, 19.30, 22.30, 27.20, 27.50~ 31.23, 31.24, 31.25, 31.53, 34.30, 37.31, 37.41, 37.51, 37.53, 40.20 and 40.30 OF THE ZONING ORDINANCE. 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 Categorical 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 16th day of March 1987, 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 amemdments, 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 Categorical Exemption under the California Environmental Quality Act and has determined that the sections of the Zoning Ordinance enumerated in the title above should be amended in accordance with the report of the said Planning Commission. ORDINANCE NO. 87-5 -1- NOW, THEREFORE, THE COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: Section 1: The enumerated sections of the Zoning Ordinance are hereby amended as set forth in the eleven (!1) page exhibit attached hereto and incorporated herein. Section 2: Ail ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 3: This ordinance shall take effect and be in full force thirty (30) days from and after its passage and approval. PASSED AND APPROVED this 6th day of April 1987 by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE ATTEST: ORDINANCE NO. 87-5 -2- New wordings are indicated in bold lettering; language to be deleted is shown in =~=u~m~fl~=~=~pe~ ORDINANCE CHANGE #1: Section 2.20 Definitions Family One or more persons, g~mn~:~t==a~=fm~zm=~e~m~m~ occupying premises and living together as a single housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity, or sorority. Animal Hospital A facility providing medical care for small and/or large animals which includes boarding the animals two or more days. Veterinarian Office An office providing medical care for small animals where the animal holding facilities are totally enclosed and the animals are boarded overnight only. Day Care Home A resident-occupied dwelling in which twelve (12) or fewer children are cared for by a State/County licensed day care provider. Day Care Center A facility in which the primary use is the provision of childcare services in accordance with the regulations of the State of California. Residential Care Home A resident-occupied dwelling, licensed by the State/County, in which children and/or adults are cared for on a full-time, live-in basis. Bed and Breakfast Establishment A residential structure, built prior to 1940, used as a lodging establishment in which the manager is an occupant in the structure and receives compensation in exchange for providing overnight sleeping accommodations which contain no cooking facilities, on a less than weekly basis, and in which breakfast is included as part of the basic compensation. Card Rooms An establishment where legal gambling is conducted and regulated pursuant to City of Gilroy ordinances. ORDINANCE NO. 87-5, Exhibit page 1 Accessory Dwell A second unit on a parcel z~m~d==f~occupied by a single family residential use, equipped with kitchen facilities, attached to the main building and designed for use in conjunction with the main building ( residence). Monument Sign A low-profile,ar~=~reestanding s~=~a~tm~m=mmmmm==f~7-_)=sign seven (7) feet or less in height. ORDINANCE CHANGE #2: SECTION 5 Ri SINGLE FAMILY RESIDENTIAL DISTRICT Section 5.10 Statement of Intent This Section of the Ordinance is intended to provide areas within the City which may be used for single family and very low density clustered housing. The average density is intended to ~e less than seven and one- fourth (7 1/4) dwelling units per acre. The following regulations, except to the extent that they may be modified by a combining district, shall apply to every lot and building in an Ri Single Family Residential District. Section 5.40 Density The maximum density in the R1 Single Family Residential District shall be one (1) single family detached unit per lot. (Accessory dwelling units may be allowed under the regulations prescribed in Section 10.30) SECTION 6 R2 TWO FAMILY RESIDENTIAL DISTRICT Section 6.10 Statement of Intent This Section of the Ordinance is intended to be used primarily within the established neighborhoods of the City to provide a mix of duplexes and single family dwellings. The average density is intended to be less than nine (9) dwelling units per acre. It is intended that this will provide for the replacement of severely deteriorated structures while maintaining the low density residential character of the older neighborhoods. The following regulations, except to the extent that they may be modified by a combining district, shall apply to every lot and building in an R2 Two Family Residential District. Section 6.40 Density The maximum density shall be one (1) dwelling unit per four thousand (4000) square feet of land to a maximum of two (2) units per lot; ~ =~mn=~-q-~=~=~m~s=~~ except for lots created prior to September 15, 1983, for which the maximum density shall be one (1) dwelling unit per three thousand five hundred (3500) square feet of land to a maximum of two (2) units per lot. ORDINANCE NO. 87-5, Exhibit page 2 SECTION 7 R3 MEDIUM DENSITY RESIDENTIAL DISTRICT Section 7.10 Statement of Intent This Section of the Ordinance is intended to provide areas within the City for living environments which include primarily multi-family housing units, such as garden apartments and condominiums. The unit size regulation based on lot size is intended to create an average density less than sixteen (16) dwelling units per net acre. Innovative residential development is strongly encouraged in order to provide a wide variety of housing types and costs to meet the needs of Gilroy's residents. The following regulations, except to the extent that they may be modified by a combining district, shall apply to every lot and building in an R3 Multiple Family Residential District. Section 7.40 Density The number of dwelling units in a multiple dwelling or dwelling group shall not exceed the number obtained by dividing the area of the building site by the following: (a) Two thousand (2000) square feet of land for each one bedroom unit. (b) Two thousand seven hundred (2700) square feet of land for each two (2) bedroom unit. (c) Three thousand four hundred (3400) square feet of land for each unit containing three (3) or more bedrooms. SECTION 8 R4 HIGH DENSITY RESIDENTIAL DISTRICT Section 8.40 Density The maximum density shall be one (1) dwelling unit per one thousand five hundred (1500) square feet. ORDINANCE NO 87~5 Exhibit page 3 ORDINANCE CHANGE #3 Section 10.30 Residential Use Table Residential Use A1 R1 R2 R3 R4 RH Accessory B~ilding X X X X X X Accessory Dwelling Unit1 X X =~ ..... ~=~-===~=.' X Agriculture X X X X X X Apartment House X X Bed & Breakfast £stablishment (1-2 guestroo~s) 'C C C C C C Church X X X X X X Clustered Dwelling Group X X X Condominiums X X X Dairying, Animal Husbandry C Day Care Hom X X~ X i X X DuplexX~ X X X Earth Removal Operations C C C C C C 2 arden X X X X X X ~olf Course' or Country Club 'C' c c c c C ~uest House ~, X X X X X X Home 0ccupation~ D D D D 'D D Hospital , , c c Multiple Family Building X X Neighborhood, Bazaar T T T T T Nursery C Open Space (Recreational) ...... X X X X X X Park, playground or Community Center C C C C C C Parking Lot C C Public Building or Service Facility C C C C C C Residential Care Homes (More than 6 residents) C C C C C C Residential Care' Homes (6 or fewer residents) X X 'X X X X Schools (Public or private) X X X X X X Sale of Farm Products (gro~ on site) C Sales Office T T T T T Single Family Dwelling (incl. Mobile Home) X X X X X X" ~emporary Building X X X X X X to.house X X X X~- C= D= T= Unconditionally permitted Permitted only with Conditional Use Permit granted by the Planning Commission Permitted subject to the approval of the Planning Director Temporary Use - See Section 47 ORDINANCE NO. 87-5, Exhibit page 4 ORDINANCE CHANGE #4 (as amended by the Planning Commission): Section 10.30 Residential Use Table (FOOTNOTES FOR RESIDENTIAL USE TABLE) 3 A duplex dwelling is permitted when all of the following conditions are met: (1) The duplex dwelling shall be located on a corner lot only; and (2) The corner lot shall have a minimum area of 8,000 square feet and be so designated for a duplex unit on a tentative and ~{nal map; ~=~=~~_-~~m~ and (3) The lot shall ~e no closer than one hundred eighty (180) feet to the boundary of the subdivision; and (4) The duplex shall not increase the overall density within any given land subdivision beyond the maximum of 7.25 dwelling units per net acre. ORDINANCE CHAMSE #5: Section 11.30 Residential Site and Building Requirement Table Residential District Requirements A1 RI R2 R3 R4 LOT REQUIREMENTS .6000== Lot Size in Square Feet (min.)1 20 ac2 6000 !=-R~q~ 8000 12000 FOOTNOTE ORDINANCE CHANGE #6: Section 14.10 Statement of Intent The intent of the C2 Central Commercial District is to provide an area in the City suitable for commercial uses in the City's downtown central business district. The uses in this district are intended to be compatible with pedestrian access. Automobile-oriented uses are discouraged. Creative design and uniform maintenance of street facades are encouraged in this district, in order to present an overall feeling of an integrated design in the downtown area. Utilizatiom of the second and third stories for residential units, offices, artists' lofts and other compatible mixed uses are encouraged. The following regulations, except to the extent that they may be modified by a combining district, shall apply to every lot and building in a C2 Central Commercial District. ORDINANCE NO~ 87-5, Exhibit page 5 ORDINANCE CHANGE #7: Section 18.30 Commercial Use Table Commercial Usem= PO C1 C2 IC3 HC ~CM Adult Entertainment E~tablishment1 X X Ambulance Service X X X X Animal Hospital/ Kennel C C Antique Shop X X X X X Arcade X X Art Studio or Gallery ......... X X X 'X' Automobile Parts or Sales Establishmen~ Automobi'le Repair Establishment X X X !Bank C X X X X Barber Shop X X X X Bakery X X X C X Bazaar T T T T Beauty Parlor X 'x x x Bed and Breakfast Establishment X X X X X Boat Sales X X Bowling Alle. y .... X X X "B'u'ii~ing Materiais "sa~es 'a~d" Sto~age .... X' car Wash X X . .Ca.r.d. Room. .......... 2 . . ._-=w~C ~.=~ ='~j. ' Caretaker' s Quarters c c x C c C Christmas Tree Lot T T T T ~Church X X X X X Clothing Sales or Service Establishment X X X X ~ Community Center C X X X Dance Halt~ X X X Day 'care 'dente'r .... C X X X 'd ' .Dry, C, leaning Establishment C X X 'X' Dwelling Unit '(second' or third floor) 'C Feed or Fuel Store ~= C C X Festival T T T T Florist X X X X Gas Station3 C X X X Gift Shop X X X X .X...I Grocery Store or Deli ~ X X X X Gym.n.as.i. um/M.ealth .Styd. i.o ........... X X... X X Hospital, Rest Home, san'itarium C C~ X X Hotel, Motel X X X '~' Laboratory (Research) 'C C X X "X' Laundromat X X X X ORDINANCE NO. 87-5, Exhibit page 6 Commercial U'se~= PO C1 C2 C3 HC CM Light Industrial Uses"~erm~tt~d in Mi X Liquor Sales (bn.si.te consumption) x x x x Liquor Sales (Off site consumption) X X X X X Lodgem~ Cluhs~ or=~=Fr~te~nal HalJ=s= C C X X C X Massage Parlor or Spa X X Medical or Dental Office X X X X X Mortuar'.~i~.=a~d:or...Crematoryi~ =Y~ X 'X Neighborhood Services X X X 'X' Newspaper Publishing Office X X X ~Vp.p.apev.~r~n~ng Facility X Nursery X X Office X X X X X Outdoor Booth/Sales T T T T T T Outdoor A~usement or Recreation Facility C C C 'C 'P'arking Lot ~ ' ~ '"X X Pawn.Shop or Auction Shop. X X X p!u~n~ ..o.r. Sheet Metal Shop ........ =:C== C X Pool & Billiards Establishment X X C p0t. tery and Ceramics .M~nufac.turing C X Printing or Sign Painting Establishment X X' 'X Public Office Building X X X X C X ,~estaurant ..... X X ~' X X ~e'taii 'Saie~ E'stablishment '' 'C' X x x School (Private) C X X X X Shoe.Repair Establishment X X X X Television Repair ' ' X X 'X Theatre X X X ,,.T,i~.S.h,op. C X X X Travel Trailer or Camping Facilit~ C 'Truck Stop .... C C Veterinarian Office C C C X X If a caretaker's residence is in a trailer or a mobile home, a conditional use permit is required and is valid for only one year, with a maximum one-year extension. One unit for caretaker's quarters is an unconditionally permitted use when in conjunction with hotels, motels, bed and breakfast establishments, ambulance services or mini- storage facilities. ORDINANCE CHANGE #8: Section 19.30 Commercial Site and Building Requirement Table * - ~-~~~~~~~~ - ' em~h=~-~ Setback from a rear or side property line shall match the setback required along the same property line for the most restrictive adjacent property. (There is no setback requirement if the adjacent property is in the same zoning district.) ORDINANCE NO. 87~5, Exhibit page 7 ORDINANCE CHANGE #9: Section 22.30 Industrial Use Table Industrial Use Table M1 M2 Animal Hospital/Kennel C Building Materials Sales and Storage Establishments ~ X Feed or Fuel Yard C X Outdoor Amusement or Recreation Facility C 'C' Veterinarian Office ORDINANCE CHANGE #10: Section 27.20 Permitted Uses and Conditional Use Permits (in Historic Site and Neighborhood Combining Districts) Conditional use permits for uses other than those listed as conditional uses for the base district, including, but not limited to, bed and breakfast establishments of more than 2 guestrooms, may be granted if the above findings are made by the Historic Heritage Committee and the Planning Co~mission. Section 27.50 Demolition Procedures Ail demolition applications for structures located in either a Historic Site or Neighborhood Combining District shall be reviewed by the Historic Heritage Committee which shall forward its recommendations to the Planning Commission.f~r-~=or==~h~=~=~h~: Architectural and=s=Site~approval shall not be=mi=hmi~md:given for any new construction until the=~~ _'.,' City Council has approved the demolition request.=~l~-=ho ~=hi~e=~m~~=a~~~ ORDINANCE CHANGE #11: Section 31.21 Residential Use Off-Street Parking Requirements Bed and Breakfast Establishment ....... Two (2) stalls, one of which shall be a covered carport or garage, plus one (1) stall per two (2) guest rooms Section 31.23 Institutional Use - Off-Street Parking Requirements Day care centers and nursery schools ..... One (1) stall for each employee, plus two (2) stalls, plus one (1) loading space for every five (5) children Day care home ............................ Two (2) stalls per dwelling unit, one (1) of which shall be a covered carport or garage ORDINANCE NO. 87-5, Exhibit page 8 Section 31.24 Office, MediCal and Financial Uses - Off-Street Parking Requirements Medical, dental, optometry, .............. One (1) stall per one hundred veterinarian, or chiropractic fifty (150) square feet of offices and clinics gross floor area, or six (6) stalls per doctor, whichever is less Section 31.25 Retail and Commercial Uses - Off-Street Parking Requirements Hotels and motels, ................. One (1) stall for each guest room, plus f~m~_4m)=~ix (6) stalls, p=h~s= Bed and Breakfast Establishment... Two (2) stalls plus one (1) stall per guest room ORDINANCE CHANGE #12: Section 34.30 Location and Height (d) (No change to current wording) ORDINANCE CHANGE #13: Section 37.31 Prohibited Signs (bb) Signs placed on any portion of a street, sidewalk, or public right-of-way, excluding signs on newspaper vending machines m~y~-h~-:~m~m~ which may not exceed three (3) square feet in sign area. Section 37.41 Signs in Residential Districts (c) Bed and breakfast establishments shall be allowed one (1) sign, as described in Section 37.24 (a). Such signs shall match the architectural features of the structure. The words "hotel" or "motel" shall not be allowed. ORDINANCE NO. 87~5:, Exhibit page 9 Section 37.51 Freeway Oriented Signs One (1)~on-site=~m~~freeway-oriented sign may be permitted in addition to a mon,-~emt sign. The freeway-oriented sign shall not=~o exceed sixty (60) feet in height or one hundred (100) square feet of sign area (or up to one hundred fifty (150) square feet if a conditional use permit is granted by the Planning Commission). =mr~=J~=~=The parcel on which the freeway sign is to be located m~st mee~s=all of the following criteria: (a) The parcel exceeds twenty thousand (20,000) square feet in land area. (b) The parcel is within six hundred sixty (660) feet of an off-ramp from U.S. 101. (c) The parcel is occupied by a use which is a permitted use in an HC Highway Commercial District. Section 37.53 Professional Office Group Signs A freestanding professional office group sign may be permitted only when no other freestanding sign exists on the site, and shall not be over ~-~: 6f~=seven (7) feet in height. ORDINANCE CHANGE #14: Section 40.20 Permitted Uses for Rome Occupatious (i) Nomaterials,cmmsupplies or equipment shall be stored out-of-doors or in any required garage space. (k) A home occupation shall be limited to having only two (2) clients, patients, or pupils present on the premises at any time.~=m~'~p*-~ Section 40.30 Home Occupations Requiring a Conditional Use Permit T~-~-~R~mmm=~~Any use or occupation which does not meet the criteria set forth in Section 40.20 of this Ordinance may be permitted in a residential zone only in accordance with ~hm=a conditional use permit which may be issued by the Planning Commission. ORDINANCE NO. 87-5, Exhibit page 10 ORDINANCE CHAN3E # 15: Section 31.53 Handicap Parking Requirements Handicap parking shall comply with the requirements of the State Building Code. ORDINANCE NO. 87-,5, Exhibit page 11 I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 87-5 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 6th day of April , 19 87 , 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 14th day of April, 19 87. City Clerk the C (Seal)