Ordinance 2003-17
ORDINANCE NO. 2003-17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING AN APPLICATION FOR A ZONING
TEXT AMENDMENT FOR SECTION 22, INDUSTRIAL USE
TABLE, TO ALLOW "ANCILLARY RETAIL" SALES UNDER
SPECIFIC CONDITIONS, WITH APPROV AL OF A
CONDITIONAL USE PERMIT GRANTED BY THE PLANNING
COMMISSION
WHEREAS, 5 Day Furniture Warehouse, the applicant, submitted application Z 03-06
for a zoning text amendment for Section 22, Industrial Use Table, to allow "ancillary retail" sales
under specific conditions, with approval of a Conditional Use Permit granted by the Planning
Commission; and
WHEREAS, the California Environmental Quality Act ("CEQA") provides a categorical
exemption for minor alterations in land use limitations pursuant to CEQA Guidelines Section
15305, which applies to this project; and
WHEREAS, the Planning Commission held a duly noticed public hearing on September
4, 2003, at which time the Planning Commission considered the public testimony, the Staff
Report dated August 29, 2003 ("Staff Report"), and all other documentation related to
application Z 03-06, and recommended that the City Council approve said application; and
WHEREAS, the City Council held a duly noticed public hearing on October 6, 2003, at
which time the City Council considered the public testimony, the Staff Report, and all other
documentation related to application Z 03-06; and
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.
SECTION I
NOW, THEREFORE, THE CITY COUNCIL FINDS THAT:
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Ordinance No. 2003-17
The proposed rezolling is substantially consistent with the General Plan Land Use
Designation and the intent ofthe goals and policies of the City's General Plan.
SECTION II
Based on the above finding, Zoning application Z 03-06 is hereby approved, and
the City of Gilroy Zoning Ordinance is hereby amended as recommended by City Staff and set
forth on the revised Section 2, Definitions, and Section 22, Industrial Use Table, attached hereto
as Exhibit A, and incorporated herein by this reference.
SECTION III
If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for
any reason held to be unconstitutional or otherwise void or invalid by any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance and each
section, subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that
anyone or more sections, subsections, subdivisions, sentences, clauses or phrases be declared
unconstitutional.
SECTION IV
This Ordinance shall be in full force and effect thirty (30) days after the date of its
passage and adoption.
PASSED AND ADOPTED this 20th day of October, 2003 by the following
AYES: COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO, VELASCO and
SPRINGER
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
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Ordinance No. 2003-17
AT~~r) .
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Rhonda Pellin, City Clerk
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APPROVED:
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Ordinance No. 2003-17
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EXHIBIT A
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ZONING ORDINANCE
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SECTION 2
DEFlNITIONS
~
Section 2.10 Word Construction
Words used. in the present tense include the future; words in the masculine include the
feminine; words in the singular number include the plural; and words in the plural number
include the singular. The word "building" includes the word "structure;" and the word "shall"
is mandatory and not directory. The term "City Council" shall mean the City Council of the
City of Gilroy, California; the term "Planning Commission" shall mean the Planning
Commission of the City of Gilroy> California., and the word "City" shall mean the
incorporated area of the City of Gilroy.
Section 2.20 Definitions
For the purpose of this Ordinance certain terms used herein are defmed as follows;
Abandoned sign
A sign located on a parcel of land or on a structure either of which is vacant for a period of
ninety (90) days, a sign pertaining to a past occupant or business different from the present
occupant of or business on the premises, a sign pertaining to a past event or any sign
abandoned as the term. is used in the law of California.
Abuttin~
Land having a common property line or district boundary line or separated only by a private
street, alley or easement.
Accessory Building (or structure)
A detached building, which is subordinate in area, extent or purpose to that of the main building
on the same lot.
Accessory Dwelling Unit .
A second unit on a parcel occupied by a single-family residential use, equipped with kitchen
facilities, and designed for use in conjunction with the main building (residence).
Ancillary Use
A use which is:
1. Subordinate to and selVes a principal use;
2. Subordinate in area, extent or purpose to the principal use; ,
3. Part of a single business for commercial and industrial uses;
4. Contributing to the comfort, convenience or necessity of occupants of the principal
use; and
5. Located on the same lot as the principal use.
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City of GHroy
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"'"
Zl ,NG ORDINANCE
Section 22.10 Statement of Intent
The intent of this Industrial Use Table is to clearly and precisely designate pennitted uses 'and
conditional uses '\Vithin each of the following districts:
Ml LIMITED INDUSTRIAL
M2 GENERAL lNDUSTRIAL
Section 22.20 Designation of Industrial Uses
The Industrial Use Table indicates whether a variety of uses are unconditionally pennirted.
permitted only with a conditional use permit from the Planning Commission, or permitted only
Wlder special conditions. The Planning Commission, or its designee, shall determine, upon
written request, whether Or not any use not listed in the Industrial Use Table is similar in
character to a described use for the purpose of applying the district regulations and conditions.
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ectioD 22.30 ndustrial , _ Table Revised 9/15/03'
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Aftt".l1",ru'RpJ::Il1' C C
Animal HosDital/Kennel C
Assemblv Plant - Electronics C X
Assemblv Plant - Li~t (ScientificlMedicaD X X
AssemblY Plant - Heaw (Vehic1esNesse1slEauinment) X
Automobile Renair or Bodv ShOD x x
Blacksmithim! X x:
Buildino Materials Sales and Stora.2e Establishments c X
Cabinet ShOD X X
Cafeteria (for emnlovees only) X X
Caretaker's Residence I C C
Chemical Sunnlv Establishment X
Christm~ ~ Tree Lot T T
Church or Relieious Institution C
Data Processine Establishment X X
Dav Care Center c c
Distribution Plant :x.
Feed or Fuel Yard C X
Festival T T
Food Processinp Plant C X
Haz.Waste TranSDort Recvc1infL Processine:. or Storage Facilitv 1,j,4 C
Hosnita.1 or Clinic C C
Junkvard X
Laboratorv X X
Locker Storal!e and Rental X X
Lumber Yard X
Machine Shoo X X
Manufacturin!:! Plant-Electronic Comoonents Plastics Ceramics C X
Manufacturim! Plant-HeaVY ',vehicles Eauinment etc.) X
ManufacturinQ' Plant-Light {Scientific/Medical) X X
Mini..Storae:e Locker StoraQ'e and Rental Facilities X X
Office (Comorate) X X
Outdoor Amusement or Recreation Facilitv C C
Outdoor Booth T T
Printinp' Sho'DS X X
Public Utilitv Service X X
Research and Develooment Facility X X
Restaurant C C
Sheet Metal Fabrication X
Snecific Plan Area Usesz c
Truck Service Station Stoo. or Terminal C C
Truck Stotaf;!e or Parkine: Yard c x
Veterinarian Office C
Warehouse Storap'e Facility X X
Weldine: Facility X X
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x = Unconditionally permit
C = Permitted only with Conditional Use Peonit gtanted by Planning Commission
T -- Temporary Use - See Section 47
(FOOTNOTES FOR INDUSTRIAL USE TABLE)
}- 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 (1) year, with a maximum one (1) year extension. One (1) unit for
caretaker's quarters is an unconditionally pennitted use when in conjunction with hotels,
motels, ambulance services, mini-storage, churches, or hazardous waste processing or storage
facilities.
2- In addition to the uses listed as pennitted or conditionally permitted in the M2 district, the
following uses IIl3.y be conditionally permitted only where the Planning Commission finds
that a) these uses will not generate vehicular trips across U.s. 101 (South Valley Freeway)
above that for general indus1rial uses, and b) that the proposed commercial uses will provide
service only to people employed within the adjacent industrial areas: professional office,
financial institutions, insurance companies, real estate brokers, social service agencies,
cocktail lounges, private educational and recreational institutions, entertainment facilities and
day care facilities.
3- Not permitted within one thousand 0,000) feet of the exterior limits of any school property
or City of Gilroy water well.
4- All hazardous waste transport, recycling. processing and storage facilities must comply with
the County of Santa Clara's Hazardous Waste Management 'Plan_
5. Ancillary retail sales uses include the sales, rental, display, storage. repair and servicing of bulky
commodities as part of an existing industrial business. Ancillary retail uses that do not exceed
10% of the gross enclosed floor area for buildings that are 10,000 square feet or less, or ancillary
retail uses that do not exce.ed 5% of the gross enclosed floor area for buildings that are larger than
10,000 square feet may be approved by the Planning Division Manager, subject to the definition
of "ancillary uses." Ancillary retail sales uses which are not approvable by the Planning Division
Manager will require approval of a' Conditional Use Permit. Conditional Use Permit findings on
"ancillary retail" sales uses are subject to the following criteria:
(a) The floor area used for retail display and sales occupies no more than twenty-five (25)
percent of the gross floor area of the building-
(b) The area used for retail display and sales is separated from the remainder of the
building area by a partition.
(c) All retail display and sales uses are conducted within a completely enclosed building.
(d) The retail use complies with all parking requirements of Section 31 of this Ordinance.
Such uses do not increase the amount of parking or traffic beyond that generally
associated with the primary industrial use.
(e) The retail use (including any signage, displays and advertising) is in keeping with the
industrial character of the district.
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2003-17 is an original ordinance, or a true and correct copy of a city ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
20th day of October, 2003, at which meeting a quorum was present, and has been published or
posted pursuant to law.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 4th day of November, 2003.
~ftdA ;J-<:__-LLc,,-
City Clerk of the City of Gilroy
(Seal)