Ordinance 2000-01ORDiNANCE NO. 2000-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY AMENDiNG SECTION 18.30 (COMMERCIAL USE
TABLE), SECTION 34.43 (FENCES AND OBSTRUCTIONS),
AND SECTION 35.20 (ANTENNAS AND WINDMILLS) OF
THE GILROY ZON1NG ORDiNANCE, Z 99-05
WHEREAS, the City of Gilroy has submitted application Z 95-05 requesting
approval of amendments to various sections of the Gilroy Zoning Ordinance, specifically to Section
18.30 (Commercial Use Table), Section 34.43 (Fences and Obstructions), and Section 35.20
(Anteunas and Windmills), as fully described in the revised Staff Report dated December 1, 1999,
and an earlier StaffReport dated "October 21, 1999, Revised November 9, 1999"; and
WHEREAS, approval of this project is categorically exempt from the
environmental review requirements of the California Environmental Quality Act ("CEQA"),
pursuant to Section 15305 of the CEQA Guidelines (concerning "Minor Alterations in Land Use
Limitations"); and
WHEREAS, the Planning Commission reviewed application Z 95-05 at a duly
noticed public hearing on November 4, 1999, and voted to recommend that the City Council
approve amendments to the aforementioned sections of the Gilroy Zoning Ordinance with a
modification to the proposed ordinance amendment to Section 35.20; and
WHEREAS, the City Council took oral and written testimony at its duly noticed
public heating on November 15, 1999, reviewed three proposed text amendments to the City
Zoning Ordinance and approved the amendment to Section 34.43 (Fences and Obstructions) and
directed the Planning Division staff to modify the two other proposed text amendments to
incorporate certain considerations expressed by the Council;
WHEREAS, the City Council reviewed application Z 95-05 and all documents
relating thereto, including the revised Staff Report dated December 1, 1999, and took oral and
written testimony at its duly noticed public heating on December 6, 1999; and
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WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this project approval is based is the office of the
City Clerk.
NOW, THEREFORE, the City Cotmcil hereby finds:
A. The project is exempt under CEQA as described above, and there will be no
significant environmental impacts as a result of the proposed changes.
B. The amendments to the Zoning Ordinance are in conformance with the Gilroy
General Plan and are consistent with the intent of the goals mad policies of the General Plan.
C. The proposed amendments will not be detrimental to the public welfare or injurious
to persons or property in the City.
Based on the evidence in the record, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
Gilroy Zoning Ordinance Section 18.30, Conmaercial Use Table, is amended as follows, to
add a Footnote 6 to the entry for "Automobile Sales, Temporary":
SECTION 18 COMMERCIAL USE TABLE
SECTION 18.30 Commercial Use Table
Automobile Sales, Temporary ~
T -- Temporary Use - See Section 47
C = Permitted only with Conditional Use Permit granted by Planning Commission
6
A Conditional Use Permit may be granted to an auto-related sales business for up to four (4)
temporary auto sales events on the same property within one (1) calendar year.
SECTION II
Gilroy Zoning Ordinance Section 34.43, Wire Mesh Fences, ~s amended as follows:
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"SECTION 34 FENCES AND OBSTRUCTIONS
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 mesh
fences shall not be installed along any water district channel or railroad corridor, unless coated with
a dark vinyl or similar material."
SECTION III
The restrictions in Gilroy Zoning Code Section 35.23 relating to the height, location and
visibility of dish antennas are amended as follows:
"SECTION 35 ANTENNAS AND WINDMILLS
Section 35.23
In addition to meeting the preceding regulations in this Section, dish antennas greater
than one (1) meter in diameter 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 eave or
building wall, and not within twenty (20) feet of any property line adjacent to a public fight-of-
way. Dish antennas greater than one (1) meter in diameter shall not be placed higher than
eighteen (18) feet from the ground."
PASSED AND ADOPTED this 3Td day of January, 2000, by the following vote:
AYES: COUNCILMEMBERS: c. ARELLANO, MORALES, P1NHEIRO,
SUDOL, VELASCO, SPRINGER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS:
P. ARELLANO
Rhonda Pellin, City Clerk
APPROVED:
Thomas W. Springer, May~r /
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2000-01 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 January, 2000, at which meeting a
quorum was present.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 26th day of January, 2000.
City Clerk of the City of G-ikoy
(Seal)