Ordinance 1987-18 ORDINANCE NO, 87-18
AN ORDINANCE OF THE CITY OF GILROYAMENDING
SECTIONS 2,20, 10.30, 31~40, 31.63, 31.65, 34.30,
34.31, 34.32, 34.41, 34.42, 34~43, 36.20, 37.41,
37.51, 39.10, 39.40 and 50.21 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 November 1987, at the hour of 8 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 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. 87~18 -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 six-
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conflict herewith are hereby repealed.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 7th day of December 1987 by
the following vote~
AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER,
MUSSALLEM, PALMERLEE, VALDEZ AND
HUGHAN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMBMBERS: NONE
ATTEST:
ORDINANCE NO. 87-18 -2-
DEFINITIONS (Section 2.20)
Basement
A useable space within a building, partly or wholly underground, and having
more than one half of its height, measured from its floor to its finished
ceiling below the average adjoining grade. (See also "story.")
Story
That portion of a building included between the upper surface of any floor
and the upper surface of the floor next above. For any finished floor level
which is more than six (6) feet above grade for more than fifty percent
(50%) of the total perimeter or is more than twelve (12) feet above grade at
any point, the space directly below shall be considered a story.
Caretaker's Quarters (or ~msidence)
A non-rental residential unit built as part of a commercial or industrial
use for the sole purpose of providing shelter for an employee, caretaker, or
security personnel for the commercial or industrial use.
Deck
A structure, usually of wood, built to extend the finished floor surface of
a building into outdoor areas.
Neighborhood Recreational Facility
A land use designed to provide recreational, aesthetic, ornamental,
horticultural (e.g., community garden) or childcare services to local
residents at a neighborhood scale.
USE TABLES
Section 10.30 Residential Use Table
Residential Use A1 R! R2 R3 R4 RH
Neighborhood Recreational Facility C C C C C C
Publicly-Owned Building or Facility C C C C C C
PARKING ORDINANCE
Section 31.40
Ail residential parking stalls shall be at least ten (10) feet wide, twenty
(20) feet long, with a minimum of twenty-four (24) feet of back-up space.
(One parking stall shall not be within the back-up space needed for exit
from another parking stall.) Ail off-street parking facilities, except
residential, shall be designed in accordance with Figure 31-1.
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Section 31.63
Ail 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. Vehicular access to parcels in residential districts
which abut both a street designated on the City of Gilroy's General Plan
Land Use Map for higher traffic volumes than a local street (e.g., a
"Collector") and an improved public alley, shall be to the alley, and shall
not be permitted to the street.
Section 31.65
Ail required parking areas shall be paved with an impervious surface such as
portland cement concrete, asphaltic concrete, brick or cobblestones placed
upon a base of crushed rock, except for parking stalls adjacent to an alley
for single family residential uses, which may be paved with crushed rock.
FM~CE ORDINANCE
Section 34.30 Location and Height
( reorganized: )
Section 34.31 Residential Districts
Except in the following situations, fences and hedges in residential
districts are permitted up to six (6) feet in height, measured from the
finished grade on the higher side of the fence:
(a) Fences or walls higher than three (3) feet above the curb shall be set
back at least fifteen (15) feet from the front property line.
(b) On a corner lot, fences, hedges or visual obstructions over three (3)
feet above the sidewalk shall be at least five (5) feet back from the
street side property line. In the case where a corner lot abuts the
driveway side of a key lot, a fence, hedge or visual obstruction over
three (3) feet above the sidewalk shall be ten (10) feet back from the
street side property line for a distance of at least ten (10) feet from
the rear property line.
(c) Fences, hedges or other visual obstructions shall not be over three (3)
feet high above the curb on a corner lot within a triangle formed by
the curb lines and a line connecting those lines from points thereon
which lie forty (40) feet from the intersection of the curb lines.
(d) Where a fence is built upon or in conjunction with a retaining wall
within five (5) feet of a property line, the maximum height of the
retaining wall shall be three (3) feet. No additional retaining walls
may be constructed within five (5) feet of the first wall; the maximum
height of any additional retaining wall shall be six (6) feet.
(e) Fences or walls within the buildable areas as required for a main
build-ing are permitted up to eight (8) feet in height. Such fences or
walls shall be set back a minimum of six (6) feet from any side lot
1 ine .
(f) Fences adjacent to alleys are permitted up to seven (7) feet in height.
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Where a fence or sound wall is required to meet sound attenuation
standards as required by California Administrative Code Title 24 in
addition to the standards of this section, such standards shall
supercede the standards of this section.
Section 34.32 Commercial and Industrial Districts
Except in the following situations, fences and hedges in commercial or
industrial districts are permitted up to six (6) feet in height, measured
from the finished grade on the higher side of the fence:
(a) Fences or walls higher than three (3) feet shall not be built within
the required front setback.
(b) Where a fence is built upon or in conjunction with a retaining wall
within five (5) feet of a property line, the maximum height of the
retaining wall shall be three (3) feet. No additional retaining walls
may be constructed within five (5) feet of the first wall; the maximum
height of any additional retaining wall shall be six (6) feet.
(c) Fences, hedges or other visual obstructions shall not be over three (3)
feet high above the curb on a corner lot within a triangle formed by
the curb lines and a line connecting those lines from points thereon
which lie forty (40) feet from the intersection of the curb lines.
(d) Fences or walls within the buildable areas as allowed for a main
building, are permitted up to twelve (12) feet in height, except when
abutting any residential zone. Such fencing over six (6) feet in
height shall be designed as an integral part of the main building on
the site, and shall be approved through the Architectural and Site
Review process under Section 50.40 of this Ordinance.
(e) Where a fence or sound wall is required to meet sound attenuation
standards as required by California Administrative Code Title 24 in
addition to the standards of this section, such standards shall
supercede the standards of this section.
Section 34.41 Barbed Wire Fences (Prohibited Materials)
Barbed wire, razor wire or similar fences shall not be installed within the
City, except for the following:
(a) Security fences in industrial zones and CM or C3 zones.
(b) Security fences in C1 or C2 zones which are not visible from any public
street or alley.
Section 34.42 Electrified Fences (Prohibited Materials)
Electrified fences of any kind shall not be installed within the City.
Section 34.43 Wire Mesh Fences (Prohibited Materials)
Wire mesh fences shall not be installed within the required front yard
setback area or within the side yard setback area adjacent to a street in
any residential zone. Wire mesh fences in any C1 or C2 commercial zone
shall not be visible from any public street or alley.
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SWIMMING POOLS
Section 36.20 Swimming Pool Locations
No swimming pool shall be constructed in any required front yard, or in any
side yard setback on the street side of a corner lot, as required by the
provisions of this Ordinance.
The distance from the inner surface of the pool wall to any property line
shall be not less than five (5) feet. The distance from the inner surface
of the pool wall to the bearing wall of a dwelling, main building, garage or
other accessory building shall be not less than five (5) feet, except for
pools built above ground, pools of less than two thousand (2000) gallons in
volume, or indoor pools designed by a registered structural engineer and
approved by the City Engineer.
SIGN ORDINANCE
Section 37.41 Signs in Residential Districts
Ail signs within residential districts shall be complimentary to the
building design, as determined by and subject to the approval of the Zoning
Administrator. Only signs which are exempted in Section 37.24 or which meet
the following standards will be permitted in any residential zoning
district:
(a) One (1) freestanding house number-apartment building identification
sign or one (i) wall sign, located flat against a wall and not
projecting above the cornice or roof line of a structure located on the
premises, shall be permitted for each multi-family complex or mobile
home park containing between five (5) and thirty (30) units. Such
signing, if freestanding, shall not exceed six (6) square feet in area,
shall not be illuminated nor rotating, shall not exceed four (4) feet
in height, and shall be set back at least ten (10) feet from the front
property line. Such signing, if located flat against a wall, shall not
exceed twelve (12) square feet in area, and shall not be illuminated.
(b) One (1) freestanding house number-apartment building identification
sign or one (1) wall sign, located flat against a wall and not
projecting above the cornice or roof line of a structure located on the
premises, shall be permitted for each street frontage of each multi-
family complex or mobile home park containing thirty (30) or more
units. Such signing, if freestanding, shall not exceed eighteen (18)
square feet in area, shall not be illuminated nor rotating, shall not
exceed six (6) feet in height, and shall be set back at least ten (10)
feet from the front property line. Such signing, if located flat
against a wall, shall not exceed twenty-four (24) square feet in area,
and shall not be illuminated.
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(c) (renumbered b to become c)
(d) (renumbered c to become d)
Section 37.51 Freeway Oriented Signs
In certain instances, one (1) on-site freeway-oriented sign may be permitted
in addition to one (1) monument sign. The freeway-oriented sign shall not
exceed sixty (60) feet in height and shall not exceed one hundred (100)
square feet of sign area. The parcel on which the freeway sign is to be
located must meet 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.
Up to one hundred fifty (150) square feet of sign area for the freeway sign
is permitted where additional freestanding signage is limited to one (1)
monument sign not exceeding thirty-six (36) square feet in area.
ACCESSORY BUILDINGS
Section 39.10 Statement of Intent
The intent of this Section of the Ordinance is to provide regulations for
buildings or structures which are not main buildings on parcels, and in
which the principal use of the land does not take place.
Section 39.40 Decks
In residential districts, no deck shall be constructed within three (3) feet
from any rear and side property lines. Decks in residential districts which
are at a finished elevation of thirty (30) inches or more above the ground,
or which have vertical components or fixed seats above the finished surface
which are within five (5) feet of the main building at any point above the
finished floor elevation, shall be considered part of the main building and
shall adhere to the setback requirements specified in Section 11 of this
Ordinance.
VARIANCES
Section 50.21 (Variance)
(c) A major variance, in whole or in part, or subject to conditions may be
approved by the Commission, if from the information presented in the
application or at the hearing it appears, and the Commission finds all of
the following:
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1) That there are exceptional or extraordinary circumstances applying to
the property involved or to the proposed USeo
2) That because of such exceptional or extraordinary circumstances, the
literal enforcement of specified provisions of this Ordinance would
result in practical difficulty or unnecessary hardship such as to
deprive the applicant of a substantial property right possessed by other
owners of property in the same class or district.
3) That the allowance of the variance will not, under the circumstances of
the particular case, be materially detrimental to the public welfare or
materially injurious to persons or property in the vicinity.
4) That the results of allowing the variances as specified will be in
harmony with the general intent of the Zoning Ordinance.
5) That the granting of a variance will not constitute the granting of a
special privilege greater than that provided for by the standard
provisions of this Ordinance for other properties in the vicinity and in
the same zoning district.
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 87-18 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 7th day of December , 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
19 87.
fCi~ Clerk Of t~e City o ~roy0
(Seal)
10th day of December