Ordinance 1994-11+ . •
ORDINANCE NO. 94 -11
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF GILROY AMENDING SECTIONS
6, 9, 11, 18, 19, 22, 23, 31, 33,
34, 35, 36, 38 AND 50 OF THE GILROY
ZONING ORDINANCE
WHEREAS, the City Planning Commission held a duly noticed
public hearing at its regularly scheduled meeting on May 19, 1994,
for the purpose of determining whether amendments should be made to
Sections 6, 9, 11, 18, 19, 22, 23, 31, 33, 34, 35, 36, 38 and 50 of
the Gilroy Zoning Ordinance, after which it voted to adopt
Resolution 94 -15 recommending that the City Council make such
changes;
WHEREAS, the City Council held a duly noticed public
hearing at its regularly scheduled meeting on June 6, 1994;
WHEREAS, the City Council has determined that the
proposed amendments to the Zoning Ordinance as recommended are in
conformance with the General Plan and are consistent with the
intent of the text of the General Plan document; and
WHEREAS, approval of this project is categorically exempt
from the environmental review requirements of the California
Environmental Quality Act, Public Resources Code Section 21000, et
seq., pursuant to Section 15305, entitled "Minor Alterations in
Land Use Limitations."
NOW, THEREFORE, THE CITY OF GILROY DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION I
The Gilroy Zoning Ordinance shall be amended as follows:
Section 6 of the Gilroy Zoning Ordinance is amended as
follows, with deleted matter shown in strike -out type and new
matter shown in underscored type for convenience:
SECTION 6 R2 TWO FAMILY RESIDENTIAL DISTRICT
Section 6.50 Site Design Requirements
ORDINANCE NO. 94 -11 1-
Section 6.51
A detached single family dwelling unit or a duplex
shall have at least three (3) of the following five
(5) desian elements different from single family
dwelling units and /or duplexes on any adiacent lot
on the same street frontage:
(a) Floor plan.
Front elevation.
(C)_ Roof design.
(d) Exterior materials.
(e) Reversed floor plan.
Section 6.51 6.52 {recodify Section number only)
Section 6-.45-a 6.53 (recodify Section number only)
Section 9 of the Gilroy Zoning Ordinance is amended as
follows, with deleted matter shown in strike -out type and new
matter shown in underscored type for convenience:
Section 9.60 Hillside Development Peliey and „_o,__
Guidelines
The City Council's adopted Hillside Development Peli�y
and Hillside Design Guidelines shall be utilized in the
development of RH Residential Hillside Districts.
Section 9.70 Exceptions
a) meets or exceeds the criteria of the adopted Hill-
side Development Peliey and the Hillside Desi.g_
Guidelines.
Section 10 of the Gilroy Zoning Ordinance is amended as
follows, with deleted matter shown in strike -out type and new
matter shown in underscored type for convenience:
ORDINANCE NO. 94 -11 -2-
Section 10.30 Residential Use Table
Residential Use
Al
R1
R2
R3
R4
RH
Glustereel Dwelling
X
X
X°
3F
-X
$
Group
(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 final map; and
80)
(1 feet be the boundary e f the 1.d
\iVVJ L
S1144- The duplex shall not increase the overall density
within any given land subdivision beyond the maxi-
mum of 7.25 dwelling units per net acre.
Residential Use
Al
R1
R2
R3
R4
RH
Accessory Dwelling Unit'
X
X
X°
X
(FOOTNOTES FOR RESIDENTIAL USE TABLE)
4- An Accessory Dwelling unit is permissible on a R2 parcel
when the following conditions can be met:
(11) The parcel is currently developed with only one
single family dwelling; and
(2)_ The parcel will support only one single family
dwelling, as outlined under Section 6.40 and foot-
note #4 of Section 11.30 of the Zoning Ordinance
Section 11 of the Gilroy Zoning Ordinance is amended as
follows, with deleted matter shown in strike -out type and new
ORDINANCE NO. 94 -11 -3-
i
•
matter shown in underscored type for convenience:
SECTION 11 RESIDENTIAL SITE AND BUILDING REQUIREMENT TABLE
Section 11.30 Residential Site and Building Requirement Table
ESTABLISHED DEVELOPMENT POLICIES:
RH
Al
R1
R2
R3
R4
Gas Station'
Consolidated Landscapina Policy
Yes
Yes
No
Yes
Yes
No
Yes
No
No
Yes
No
Yes
Yes
No
Yes
Yes
No
Yes
Hillside Development Guidelines
Residential Condominium Policv
Section 18 of the Gilroy Zoning Ordinance is amended as
follows, with deleted matter shown in strike -out type and new
matter shown in underscored type for convenience:
Section 18 Commercial Use Table
Section 18.30 Commercial uses east of the South Valley
Freeway
Commercial uses proposed east of the South Valley Freeway, on
property zoned C3 (Shopping Center Commercial) shall meet the
following findings prior to establishment:
(a)_ the intent of the proposed business is to merchandise
products and /or provide services to a cliental base which
represents a regional draw: and
(bb) a regional draw shall mean a cliental base with at least
seventy -five percent (75 %) of the customers residing
outside the City limits.
Section 18.30 Commercial Use table
Commercial Use
PO
C1
C2
C3
HC
CM
Gas Station'
c
X
X
X
3 Sales of aleehelie beverages, which are eentrelled by the
Department of Aleehelic Beverage eantre3, shall not be
ORDINANCE NO. 94 -11 -4-
0
0
Commercial Use
Po
ci
C2
C3
HC
CM
Dwelling Unit (second or third floor)
Residential Units
Commercial Condominium Policv
Yes
Yes
n a
n/a
n a
C
Yes
Yes
n/a
n a
Yes
Yes
Yes
n/a
Yes
Yes
Yes
Yes
n a
Yes
n a
Residential Unit (with existing business)
Consolidated Landscaping Policv
C
Leaveslev Road Policv
Tenth Street Policy
(FOOTNOTES FOR COMMERCIAL USE TABLE)
2- 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,
churches, or mini - storage facilities.
Section 19 of the Gilroy Zoning Ordinance is amended as
follows, with deleted matter shown in strike -out type and new
matter shown in underscored type for convenience:
Section 19.30 Commercial Site and Building Requirement Table
ESTABLISHED DEVELOPMENT POLICIES:
Po
Cl
C2
C3
HC
CM
Commercial Condominium Policv
Yes
Yes
n a
n/a
n a
Yes
Yes
n a
n a
n a
Yes
Yes
n/a
n a
Yes
Yes
Yes
n/a
Yes
Yes
Yes
Yes
n a
Yes
n a
Yes
Yes
Yes
Yes
Yes
Consolidated Landscaping Policv
Industrial Design Guidelines
Leaveslev Road Policv
Tenth Street Policy
Section 22 of the Gilroy Zoning Ordinance is amended as
follows, with deleted matter shown in strike -out type and new
matter shown in underscored type for convenience:
ORDINANCE NO. 94 -11 -5-
Ll
Section 22.30 Industrial Use Table
Industrial Use
M1
M2
Food Processing Plant
C
X
Section 22.30 Industrial Use Table
Industrial Use
M1
M2
Day Care Center
C
C
(FOOTNOTES FOR INDUSTRIAL USE TABLE)
1- 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,
ambulance services, mini - storage, churches, or hazardous
waste processing or storage facilities.
Section 23 of the Gilroy Zoning Ordinance is amended as
follows, with deleted matter shown in strike -out type and new
matter shown in underscored type for convenience:
Section 23.30 Industrial Site and Building Requirement Table
ESTABLISHED DEVELOPMENT POLICIES:
M1
M2
Industrial Condominium Policv
Yes
Yes
Consolidated Landscaping Policv
Yes
Yes
Industrial Design Guidelines
Yes
Yes
Leaveslev Road Policv
Yes
n/a
Tenth Street Policy
Yes
Yes
Section 31 of the Gilroy Zoning Ordinance is amended as
follows, with deleted matter shown in strike -out type and new
ORDINANCE NO. 94 -11 -6-
11
0
matter shown in underscored type for convenience:
Section 31.60 Off- Street Parking Design Criteria
Section 31.63
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.
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" or "Arterial ") and an improved
public alley, shall be to the alley, and shall not be permit-
ted to the street.
Section 33 of the Gilroy Zoning Ordinance is amended as
follows, with deleted matter shown in strike -out type and new
matter shown in underscored type for convenience:
Section 33.10 Statement of Intent
It is the intent of this Section of the Ordinance to establish
regulations that apply to the storage and parking of trailers
and recreational vehicles in the City of Gilroy. As applied
to this Section of the Zoning Ordinance. "storage" shall mean
parking, in violation of this Ordinance, for a period exceed-
ing seventy -two (72) hours.
Section 33.30 Residential Zones
In residential zones, recreational vehicles shall be parked
for storage only on property on which the vehicle's owner
resides. In a R1 zone, parking for storage is permitted
outside a structure in the front yard on a paved, graveled, or
approved alternative material driveway, provided all of the
following conditions exist:
ORDINANCE NO. 94 -11 -7-
(a) Space is not available in the rear yard or side yard, or
the lot is not on a corner and has no reasonable access
to either the side yard or rear yard;
(b)
Inside parking
is not
possible;
(c)
The vehicle is
parked
perpendicular to the front curb;
(d) No part of the vehicle extends over the public sidewalk
or public thoroughfare (right -of -way);
(e) No more than one (1) recreational vehicle or trailer is
parked in the front yard of each residential unit; and
(f) The vehicle is parked at least five (5) feet from side
property lines.
Section 34 of the Gilroy Zoning Ordinance is amended as
follows, with deleted matter shown in strike -out type and new
matter shown in underscored type for convenience:
SECTION 34 FENCES AND OBSTRUCTIONS
Section 34.30 Location and Height
Section 34.31 Residential Districts
Except in the following situations, fences and hedges in
residential districts are permitted up to s (6) seven (7)
feet in height, measured from the finished grade on the higher
side of the fence:
(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, or abuts an alley, 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.
ORDINANCE NO. 94 -11 -8-
0
11
(c) Peneeig, hedges vi ether visual ebstruetiens shall t be-
ever
three cc \.// acca. high
.. +\,a.aaa a .araaayac fermed by the preperty lines and a !in
J
..........1 \r v, feet Ya vr\ the inberseetien the t
property lines.
Fences, hedges or other visual obstructions on a corner
lot shall comply with Municipal Code Section 20.60.
Section 34.32 Commercial and Industrial Districts
c Fenees, hedges ei ether visual eLG a-a lTI- 1 shall Znet LC
ever LL..__ /9\ L_vt high above the r ....+v... \u/ feet � p C:ii4.. GaLD-VSZ -C�Gp i2i\rL 2Vt
within a triangle fermed by the preperty lines and a line
e v..c.t r g these lines fr vapeints thereen L L l'
twenty (20) feet frem the interseetion of the prejeete
property lines—.
Fences, hedges or other visual obstructions on a corner
lot shall comply with Municipal Code Section 20.60.
Section 34.41 Barbed Wire Fences
Barbed wire, razor wire or similar fences shall not be
installed within the City, except for the f= 1_1__wing-
(a) security fences in commercial and industrial zones_ a-ad
Section 34.43 Wire Mesh Fences
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 or commercial zone.
Wire L fenees in l or G2 G2 l /l
ORDINANCE NO. 94 -11 -9-
L
Section 35 of the Gilroy Zoning Ordinance is amended as
follows, with deleted matter shown in strike -out type and new
matter shown in underscored type for convenience:
SECTION 35 ANTENNAS AND WINDMILLS
Section 35.23
In addition to meeting the proceeding regulations in this
Section, dish antennas in R1 and R2 Residential Districts
shall be permitted only between the main dwelling unit and
rear property line, or attached to the rear roof eve or
building wall, and not within twenty (20) feet of any property
line adjacent to a public right -of -way. Dish antennas shall
not exceed fifteen (15) eighteen (18) feet in height.
Section 36 of the Gilroy Zoning Ordinance is amended as
follows, with deleted matter shown in strike -out type and new
matter shown in underscored type for convenience:
SECTION 36 SWIMMING POOLS
Section 36.30 Swimming Pool Fencing
Fencing shall be provided to enclose all swimming pool areas
as specified in Section 34 of this Ordinance, and as required
under the Uniform Building Code.
Section 38 of the Gilroy Zoning Ordinance is amended as
follows, with deleted matter shown in strike -out type and new
matter shown in underscored type for convenience:
SECTION 38 LANDSCAPING AM STREET TREES
Section 38.10 Statement of Intent
It is the intent of this Section of the Ordinance to establish
regulations governing the provision and maintenance of
landscaping and street trees in the City of Gilroy.
ORDINANCE NO. 94 -11 -10-
the —Gity Gauseil, will be assessed fer required street
planting pelkq�z
Section 38.30 Landscaping Installation and Maintenance
Requirements
All landscaping shall be installed and maintained according to
the following minimum standards:
(a) All landscaping shall be installed in accordance with the
adopted Consolidated Landscaping Policy, and a landscap-
ing plan approved by the Planning Director.
Section 50 of the Gilroy Zoning Ordinance is amended as
follows, with deleted matter shown in strike -out type and new
matter shown in underscored type for convenience:
Section 50.40 Architectural and Site Approval
ORDINANCE NO. 94 -11 11-
• •
Section 50.44 Scope of Review
The Planning Director shall review the application to insure
that the development addresses and adequately meets require-
ments for the following:
(e) Drainage and flood control and health standards:
(1) Effect on flood control and storm and surface water
drainage facilities.
(2) Additional flood control and drainage improvements
required.
(3) Minimum health standards.
Consistency with the City's adopted Flood Plain
Management Ordinance.
(g) Environmental impacts:
Consistency with the City's adopted Environmental
Review Procedures and Process.
(2)_ Consistency with the California Environmental
Quality Act (CEQA).
(1) Impaet en the air-, water and soil eend-itien-s-.
Section 50.45 Conditions
The granting of architectural and site approval may include
such conditions as the Planning Director deems reasonable and
necessary under the circumstances to carry out the require-
ments of the zoning district and the intent of architectural
and site approval, and to insure that the development will
meet the requirements enumerated in Section 50.44. The
following conditions shall be standard on all architectural
and site approvals:
1. Landscaping: Landscaping plans including specifications
for an irrigation system shall be approved by the
Planning Director in accordance with the adopted Consoli-
dated Landscaping Policy, prior to issuance of a building
permit. The landscaping shall be continuously maintained
ORDINANCE NO. 94 -11 -12-
• 0
in an orderly, live, healthy, and relatively weed -free
condition, in accordance with the adopted Consolidated
Landscaping Policy and the approved specific landscape
plan.
2. Trash Enclosures: All trash enclosures shall consist of
visually solid fences and gates, six (6) feet in height,
in accordance with the adopted City of Gilroy standard
trash enclosure design plan, or a similar design approved
by the Planning Director. All trash enclosures shall be
located in accordance with the approved site plan and
fire ulat ens Uniform Fire Code.
Section 50.50 Planned Unit Development Approval
Section 50.54 Publie Hearings an Planned Unit Development
Approval
Section 50.60 Residential Development
Section 50.62 Application of Ordinance
(b) The following types of residential projects are exempted
from the provisions of this Residential Development
Ordinance, except that such projects shall be tabulated
in housing goals as described in Section 50.63(a). A
project may not qualify for more than one of the follow-
ing exemptions:
(3) A residential development project sponsored by any
agency that is funded by federal, state or local
government is exempt if the project is: (i) ap-
proved by a vote of electors of the City of Gilroy
pursuant to Cal. Const. Art. XXXIV, Sec. 1 or (ii)
the project is specifically approved for exemption
by the City Council and consists of seventy -five
75 units or less. Such projects may not be
immediately adjacent to another project exempted
under subsection (3) or (4) of this Section within
the previous three (3) years.
NO. 94 -11 -13-
(4)
• 0
lity of residential development grejeets, then a A
project which meets sue h the standards established
by the "Policy Statement for Exempting Affordable
Private Development Proposals from the RDO" is
exempt if the project consists of forty f - -_;
seventy -five (75) units or less and the project is
specifically approved for exemption by the City
Council. Such projects may not be immediately
adjacent to another project exempted under subsec-
tion (3) or (4) of this Section within the previous
three (3) years.
SECTION II
This ordinance shall take effect and be in full force
thirty days from and after its adoption and approval.
PASSED AND ADOPTED this 18th day of July, 1994 by the
following vote:
AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ, GAGE
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
.. 61,.
ATTEST•
usanne E. Steinmetz, City C rk
ORDINANCE NO. 94 -11 -14-
c
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 94 -11 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 18th day of July 19 94,
at which meeting a quorum was present.
IN WITNESS WHEREPF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this 19th day of July
19 94
City Clerk of the City of Gilroy
(Seal)