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Ordinance 2006-08ORDINANCE NO. 2006 -08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE GILROY ZONING ORDINANCE TO CONFORM TO THE NEWLY ADOPTED DOWNTOWN SPECIFIC PLAN WHEREAS, the City of Gilroy submitted application Z 06 -02 to amend the text of the Gilroy Zoning Ordinance to conform to the newly adopted Downtown Specific Plan; and WHEREAS, the City Council on November 7, 2005, approved application GPA 03 -01, amending and implementing the General plan to adopt the Downtown Specific Plan for approximately 160 acres comprised of 416 parcels bounded roughly on the north by Leavesley Road, on the west by Church Street, on the south by Luchessa Avenue, and on the east by Alexander Street; and WHEREAS, the Downtown Specific Plan created a new boundary for the downtown area and divided it into six districts: Downtown Historic District (DHD), Downtown Expansion District (DED), Cannery District (CD), Transitional District (TD), Civic /Cultural Arts District (CCA), and Gateway District (GD); and WHEREAS, the major changes proposed by Z 06 -02 include removing the Central District Commercial (C2) zoning district from the zoning ordinance, modifying the Downtown Commercial District boundaries and adding the six new downtown districts to the zoning ordinance, including new permitted uses tables, commercial district requirements tables, and Downtown Specific Plan Parking Requirements, to conform to the six new Downtown Specific Plan districts; and WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "), the City Council on November 7, 2005, adopted a mitigated Negative Declaration for the Specific Plan which applies to this project; finding that it was completed in compliance with CEQA, that it reflects the independent judgment of the City, and that there is no substantial evidence in the record that the project as mitigated will have a significant effect on the environment; and WHEREAS, the Planning Commission held a duly noticed public hearing on March 2, 2006, at which time the Planning Commission considered the public testimony, \uaM688144.1 _1 _ 032806 - 04706089 Ordinance 2006 -08 the staff report dated February 23, 2006 ( "Staff Report"), and all other documentation related to application Z 06 -02, and recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public hearing on March 20, 2006, at which time the City Council considered the public testimony, the Staff Report, a follow -up staff report dated March 14, 2006, and all other documentation related to application Z 06 -02; 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I The City Council hereby finds: A. The project provides consistency of the City's Zoning Ordinance and map with the City's Downtown Specific Plan document and map. B. The project is consistent with the intent of the goals and policies of the General Plan. C. There is no substantial evidence in the record that this project with the required mitigations will cause any significant environmental impacts. D. Public utilities and infrastructure improvements needed for the Downtown Specific Plan implementation and this zone change to take place are essentially in -place and part of the City's central commercial district. E. The proposal will not be detrimental to public welfare or injurious to 1AD688144.1 032806 - 04706089 persons or property in the vicinity. -2- Ordinance 2006 -08 SECTION II Based on the above findings, zoning application Z 06 -02 is hereby approved, amending the Gilroy Zoning Ordinance as follows: A. The text of the Zoning Ordinance is hereby amended to read as set forth in Exhibit "A," attached hereto and incorporated herein by this reference. B. The Gilroy Zoning Map is hereby amended to change the zoning designation on parcels within the approximately 160 -acre Downtown Specific Plan area as set forth on the map attached hereto as Exhibit `B" 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 any one 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 17th day of April, 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS 1LAC1688144.1 032806 - 04706089 ARELLANO, BRACCO, GARTMAN, VELASCO, and VALIQUETTE NONE CORREA and PINHEIRO -3- Ordinance 2006 -08 ATT Rh nda Pellin, City Clerk IAC1688144.1 032806 - 04706089 -4- APPROVED: Russ aliquette, Mayor Tempore Ordinance 2006 -08 INDEX EXHIBIT A SECTION ACCESSORYBUILDINGS ....................................................................... .............................39 ACCESSORYUSES .................................................................................. .............................39 ADULTBUSINESSES ............................................................................... .............................28 ADOPTION OF ZONING ORDINANCE .................................................. .............................54 AGRICULTUREDISTRICT (Al) ........................................................... ............................... 4 ANTENNAS............................................................................................... .............................35 APPEALS................................................................................................... .............................51 APPLICATIONPROCEDURES ................................................................ .............................50 ARCHITECTURAL AND SITE APPROVAL PROCEDURE .................. .............................50 CAMPUS INDUSTRIAL DISTRICT (CI) ................................................ .............................22 GENT T- C_ :............................................. ....................- .......... COMMERCIAL INDUSTRIAL DISTRICT (CM) .................................... .............................17 COMMERCIAL SITE AND BUILDING REQUIREMENTS ................... .............................19 COMMERCIALUSES ............................................................................... .............................19 CONDITIONALUSE PERMITS ............................................................... .............................50 DEFINITIONS........................................................................................... ............................... 2 DESIGNATION AND ESTABLISHMENT OF ZONE DISTRICTS ....... ............................... 3 DOWNTOWN SPECIFIC PLAN DISTRICT S ........................................ ............................... 14 ENFORCEMENT OF ZONING ORDINANCE ........................................ .............................53 EXCEPTIONS............................................................................................ .............................46 FENCESAND OBSTRUCTIONS ............................................................. .............................34 GENERAL INDUSTRIAL DISTRICT (M2) ............................................ .............................21 GENERALREGULATIONS ..................................................................... .............................45 GLEN LOMA RANCH SPECIFIC PLAN ................................................. .............................30 HIGH DENSITY RESIDENTIAL DISTRICT ( R4) .................................. ............................... 8 HIGHWAY COMMERCIAL DISTRICT (HC) ......................................... .............................16 HILLSIDE RESIDENTIAL DISTRICT (RH) ........................................... ............................... 9 HISTORIC DISTRICT - NEIGHBORHOOD ( HN) ................................... .............................27 HISTORIC DISTRICT - SITE (HS) ........................................................... .............................27 HISTORIC HERITAGE COMMITTEE ................................................ ............................49, 27 HOMEOCCUPATIONS ............................................................................ .............................40 INDUSTRIAL SITE AND BUILDING REQUIREMENTS ...................... .............................23 INDUSTRIALUSES .................................................................................. .............................23 LANDSCAPING........................................................................................ .............................38 LIMITED INDUSTRIAL DISTRICT ( M1) ................................................ .............................20 MEDIUM DENSITY RESIDENTIAL DISTRICT (R3) ........................... ............................... 7 NEIGHBORHOOD COMMERCIAL DISTRICT (C1) ............................. .............................13 NEIGHBORHOOD DISTRICT (ND) ....................................................... .............................10 NON - CONFORMING USES ..................................................................... .............................48 OPEN SPACE DISTRICT (OS) ................................................................. .............................24 PARKING................................................................................................... .............................31 ivrno1 1 PARKS( PF) ................................................................................................ .............................25 PERFORMANCE STANDARDS .............................................................. .............................41 PLANNED UNIT DEVELOPMENT ......................................................... .............................26 PLANNING COMMISSION ...................................................................... .............................49 PROFESSIONAL OFFICE DISTRICT (PO) ............................................. .............................12 PUBLICFACILITIES (PF) ........................................................................ .............................25 PUBLIC HEARING PROCEDURES ......................................................... .............................51 RECREATIONAL VEHICLE PARK GUIDELINES ................................ .............................42 RESIDENTIAL DEVELOPMENT ORDINANCE .... ............................... ...........................50.6 RESIDENTIAL SITE AND BUILDING REQUIREMENTS .................... .............................11 RESIDENTIAL UNITS IN C1 A*N�-- DISTRICT & .............................. ...........................18.3 RESIDENTIALUSES ................................................................................ .............................11 RURAL RESIDENTIAL DISTRICT (RR) ............................................... ............................... 4 SHOPPING CENTER COMMERCIAL DISTRICT (0) ......................... .............................15 SIGNS......................................................................................................... .............................37 SINGLE FAMILY RESIDENTIAL DISTRICT (R1) ............................... ............................... 5 STREET MERCHANDISING ................................................................... .............................43 STREET FURNITURE OBJECTS ............................................................. .............................44 STREETTREES ......................................................................................... .............................38 SWIMMINGPOOLS .................................................................................. .............................36 TEMPORARYUSES ................................................................................. .............................47 TRAILERS.................................................................................................. .............................33 TWO FAMILY RESIDENTIAL DISTRICT (R2) .................................... ............................... 6 VARIANCES.............................................................................................. .............................50 YARDS....................................................................................................... .............................32 ZONINGMAP ........................................................................................... ............................... 1 BY ZONING DISTRICT ABBREVIATION Al AGRICULTURE DISTRICT ......................................................... ............................... 4 Cl NEIGHBORHOOD COMMERCIAL DISTRICT .......................... .............................13 FYr.► r ray q 7 rr��,r� r , r,ic� rr� r.... _.._ .__ ..r ...:......:::.............�: C3 SHOPPING CENTER COMMERCIAL DISTRICT ...................... .............................15 CC:A t :IVlC/CUL't URAL AR'T'S DISTRIC'1 ...:................,.............. ..............,.......:...,.... i r�.3U CD CANNERY DISTRIC I ... ................. CM COMMERCIAL INDUSTRIAL DISTRICT .................................. .............................17 CI CAMPUS INDUSTRIAL DISTRICT ............................................ .............................22 DEI)_ DOWNTOWN EXPANSION DISTRICT......,.......... DHI) DOWNTOWN HISTORIC DISTRICT ......... ................................. ................. .... 1 -x.20 GD GATEWAY DISTRICT ..... .........................I..... 14.60 HC HIGHWAY COMMERCIAL DISTRICT ...................................... .............................16 HN HISTORIC NEIGHBORHOOD DISTRICT .................................. .............................27 HS HISTORIC SITE COMBINING DISTRICT .................................. .............................27 ND NEIGHBORHOOD DISTRICT ...................................................... .............................10 »/27/01 2 Ml LIMITED INDUSTRIAL DISTRICT ............................................. .............................20 M2 GENERAL INDUSTRIAL DISTRICT .......................................... .............................21 OSOPEN SPACE DISTRICT .............................................................. .............................24 PF PARK/PUBLIC FACILITIES DISTRICT ...................................... .............................25 PO PROFESSIONAL OFFICE DISTRICT ......................................... .............................12 PUD PLANNED UNIT DEVELOPMENT COMBINING DISTRICT .. .............................26 RR RURAL RESIDENTIAL DISTRICT ............................................ ............................... 4 RI SINGLE FAMILY RESIDENTIAL DISTRICT ............................ ............................... 5 R2 TWO FAMILY RESIDENTIAL DISTRICT ................................. ............................... 6 R3 MEDIUM DENSITY RESIDENTIAL DISTRICT ....................... ............................... 7 R4 HIGH DENSITY RESIDENTIAL DISTRICT .............................. ............................... 8 RH RESIDENTIAL HILLSIDE DISTRICT ........................................ ............................... 9 TD 'T'I _ANSiTIONAL ISIS 'I'RICT .............- ....,.... ivn/oi 3 City of Gilroy ,ONING ORDINANCE is SECTION 3 DESIGNATION AND ESTABLISHMENT OF ZONING DISTRICTS Section 3.10 Designation of Zoning Districts The classes of zoning districts into which the City may be divided are hereby established, and designated as follows: Al AGRICULTURE DISTRICT RR RURAL RESIDENTIAL DISTRICT R1 SINGLE FAMILY RESIDENTIAL DISTRICT R2 TWO FAMILY RESIDENTIAL DISTRICT R3 MEDIUM DENSITY RESIDENTIAL DISTRICT R4 HIGH DENSITY RESIDENTIAL DISTRICT RH RESIDENTIAL HILLSIDE DISTRICT PO PROFESSIONAL OFFICE DISTRICT Cl NEIGHBORHOOD COMMERCIAL DISTRICT C3 SHOPPING CENTER COMMERCIAL DISTRICT HC HIGHWAY COMMERCIAL DISTRICT QHD DONA"N` OWN HISTORIC INS I'IZlCI DED DOWNTOWN EXPANSION DISTRICTI CCA _ClV.1C; /(_.t.11. T�J,I A1_. ARTS DISTRICT .I'LL - 1II_ANSI1 'IO_NAL DIS IRIC.1 CD._.__.- CANNERY DISTRICT GI) _DISTRICT CI CAMPUS INDUSTRIAL DISTRICT CM COMMERCIAL INDUSTRIAL DISTRICT MI LIMITED INDUSTRIAL DISTRICT M2 GENERAL INDUSTRIAL DISTRICT OS OPEN SPACE DISTRICT PF PARK/PUBLIC FACILITIES DISTRICT Section 3.20 Designation of Combining Districts In addition to the foregoing zoning district, certain combining districts are established which, when combined with one of the foregoing zoning district, modifies the basic development requirements in such district. The combining districts are as follows: PUD PLANNED UNIT DEVELOPMENT COMBINING DISTRICT HS HISTORIC SITE COMBINING DISTRICT HN HISTORIC NEIGHBORHOOD COMBINING DISTRICT 3 -1 City of Gilroy ZONING ORDINANCE SECTION 14 14 -1 pq Mw Pit 14 -1 Pit 14 -1 City of Gilroy ZONING ORDINANCE SECTION 14, DOWNTOWN SPECIFIC PLAN DISTRICTS DOWNTOWN HISTORIC DISTRICT (DHD) Section 14.10 Statement of Intent This district is suitable for the improvement and maintenance of existing commercial structures or the conversion or construction to new mixed -use development. Residential mixed use proiects are encouraged. The intent of the Downtown Historic District (DHD) is to foster the City's historic downtown as a unique and prosperous commercial resource. Buildings in the Downtown Historic District (DHD) are mixed use with premium local and regional boutique retail uses and entertainment establishments, fostering a multicultural environment. Residential or office use above the ground floor is encouraged. Architecture should reflect historic forms and materials and adaptive re -use of historic architecture is encouraged. Wide sidewalks with strong pedestrian connections to adjacent districts are encouraged. Establishment of paseos and plazas and unique outdoor spaces of any size with fountains and public art is a priority.. Parking is not allowed at street front retail locations. Section 14.11 Permitted Uses and Conditional Uses Land in the Downtown Historic District (DHD) may be used as provided in the Commercial Use Table, Section 19.10 of this Ordinance. Conditional uses may be permitted with a conditional use permit, which may be issued by the Planning Commission in accordance with the regulations in Section 50.30 of this Ordinance. Section 14.12 Site and Building Requirements The Lot, Yard, Height and Additional Requirements in the DHD Downtown Historic District shall be as established in the Commercial Site and Building Requirement Table Section 19.20 of this Ordinance. Section 14.13 Density The Downtown Historic District (DHD) allows commercial and mixed use projects. Commercial and mixed use projects have a maximum floor area ratio (FAR) of 2.5. 14 -2 Section 14.14 Railroad Corridor Properties between Lewis Street and Seventh Street that abut the west side of the railroad corridor, must provide a 51 -foot rear setback from the property line to accommodate on -site parking, an access drive, and a landscaped buffer. Additional articulation should be provided on building facades that face this corridor to promote an aesthetically pleasing view of the Downtown for rail patrons. A "standard" fencing design that will be commercial grade, six - foot tall, black powder coated metal, with vertical slats and top and bottom rail as well as a five -foot minimum landscape planter area adjacent to the railroad corridor. 14 -3 City of Gilroy ZONING ORDINANCE SECTION 14, DOWNTOWN SPECIFIC PLAN DISTRICTS DOWNTOWN EXPANSION DISTRICT (DED) Section 14.20 Statement of Intent This district is suitable for the improvement and maintenance of existing commercial structures or the conversion or construction to new mixed -use development. Residential mixed use projects are encouraged. The intent of the Downtown Expansion District (DED) is to recognize an area suitable for the expansion of downtown retail and mixed use developments which expands the s jM of the Downtown Historic District and which caters primarily to the Gilroy community. Buildings in the Downtown Expansion District (DED) are mixed use developments, housing street front retail and restaurant services with residential and office use above the ground floor. Architecture of a historic nature should be used in conjunction with contemporary designs. Beautification and building upkeep are encouraged, utilizing signage, awnings and egr enery for an aesthetically pleasing environment. Architecture should reflect historic forms and materials and adaptive re -use of historic architecture is encouraged. Strong pedestrian access to neighboring districts is encouraged through the establishment of paseos. The establishment of unique outdoor spaces of any size with fountains and public art is recommended. Parking lots and structures are to be discreetly screened from street view. 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 Downtown Expansion District (DED). Section 14.21 Permitted Uses and Conditional Uses Land in the Downtown Expansion District (DED) may be used as provided in the Commercial Use Table, Section 19.10 of this Ordinance. Conditional uses may be permitted with a conditional use permit, which may be issued by the Planning Commission in accordance with the regulations in Section 50.30 of this Ordinance. Section 14.22 Site and Building Requirements The Lot, Yard, Height and Additional Requirements in the Downtown Expansion District (DED) shall be as established in the Commercial Site and Building Requirement Table, Section 19.20 of this Ordinance. Section 14.23 Density The Downtown Expansion District (DED) allows commercial and mixed use projects. Commercial and mixed use projects have a maximum floor area ratio (,FAR) of 2.5. 14 -4 Section 14.24 Railroa,- Jorridor Properties that abut the railroad corridor must provide "standard" fencing design that will be commercial grade, six -foot tall, black powder coated metal, with vertical slats and top and bottom rail as well as a five -foot minimum landscape planter area adjacent to the railroad corridor. The intent of the City and Public Utilities Commission is to create a pedestrian pathway along the east side of the railroad corridor between Tenth Street and Leavesley Road. Additional articulation should be provided on building facades that face this corridor to promote an aesthetically pleasing view of the Downtown for rail patrons. 14 -5 City of Gilroy ZONING ORDINANCE SECTION 14, DOWNTOWN SPECIFIC PLAN DISTRICTS CIVIC /CULTURAL ARTS DISTRICT (CCA) Section 14.30 Statement of Intent This district is suitable for the development of new multi -use civic, cultural and civic serving uses. Residential mixed use projects are encouraged and residential units may be located on the ground floor if located between Eigleberry and Church Streets. The intent of the CCA Civic /Cultural Arts District is to provide an area which serves as the civic and cultural heart of the City of Gilroy. This district is meant to be the regional destination for events, outdoor theater, performances, festivals, and other activities related to civic and cultural arts. Green space and community assembly space is prominent and a pedestrian friendly atmosphere is emphasized through the use of benches and wide sidewalks. Buildings of civic serving and other civic uses such as museums, libraries and theaters are prominent. As the district develops the continuation and expansion of residential uses between Eigleberry and Church Streets are a recognized land use and new mixed use projects are appropriate. Industrial, retail and service commercial uses are prohibited. The following regulations, except to the extent that they be modified by a combining district, shall apply to every lot and building in the Civic /Cultural Arts District (CCA). Section 14.31 Permitted Uses and Conditional Uses Land in the Civic /Cultural Arts District (CCA) may be used as provided in the Commercial Use Table, Section 19.10 of this Ordinance. Conditional uses may be permitted with a conditional use permit, which may be issued by the Planning Commission in accordance with the regulations in Section 50.30 of this Ordinance. Section 14.32 Site and Building Requirements The Lot, Yard, Height and Additional Requirements in the Civic /Cultural Arts District (CCA) shall be as established in the Commercial Site and Building Requirement Table, Section 19.20 of this Ordinance. Section 14.33 Density The Civic /Cultural Arts District (CCA) allows commercial and mixed use projects. From Monterey Street to Church Street commercial and mixed use projects have a maximum floor area ratio (FAR) of 1.5, and from Church Street to Dowdy Street there is a maximum FAR of 1.0. 14 -6 City of Gilroy ZONING ORDINANCE SECTION 14, DOWNTOWN SPECIFIC PLAN DISTRICTS TRANSITIONAL DISTRICT (TD) Section 14.40 Statement of Intent This district is suitable for the conversion of existing residential structures to commercial uses and for the development of new mixed -use and stand -alone residential projects. The intent of the Transitional District (TD) is to recognize the urbanizing influences on residential neighborhoods adjacent to the west side of the downtown core. This district will act as a transitional buffer between the Downtown core and residential neighborhoods further west. Strong pedestrian connections to neighboring downtown districts 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 Transitional District (TD). Section 14.41 Permitted Uses and Conditional Uses Land in the Transitional District (TD) may be used as provided in the Commercial Use Table, Section 19.10 of this Ordinance. Conditional uses may be permitted with a conditional use permit, which may be issued by the Planning Commission in accordance with the regulations in Section 50.30 of this Ordinance. Section 14.42 Site and Building Requirements The Lot, Yard, Height and Additional Requirements in the Transitional District (TD) shall be as established in the Commercial Site and Building Requirement Table, Section 19.20 of this Ordinance. Section 14.43 Density The Transitional District (TD) is composed of both commercial and mixed use projects and stand alone residential projects. Commercial and mixed use projects have a maximum floor area ratio (FAR) of 1.5. Stand alone residential projects are at most 20 dwelling per acre du/ac). 14 -7 City of Gilroy ZONING ORDINANCE SECTION 14, DOWNTOWN SPECIFIC PLAN DISTRICTS ! vvNFI?v mQ ri2if r icn Section 14.50 Statement of Intent This district is suitable for the development of new mixed -use and stand -alone residential projects. The intent of the Cannery District (CD) is to provide an area in the City suitable for mixed uses in a non - traditional, urban environment. The uses in this district include residential, office, and commercial services. Home offices and artist lofts within this district provide abundant live /work opportunities. The arts are emphasized, encouraging projects such as art galleries, dance, gymnastic, and music studios. Architecture is to be eclectic, utilizing a variety of setbacks and designs, fostering a unique, innovative, and contemporary industrial character. The following regulations, except to the extent that they be modified by combining district, shall apply to every lot and building in a Cannery District (CD). Section 14.51 Permitted Uses and Conditional Uses Land in the Cannery District (CD) may be used as provided in the Commercial Use Table, Section 19.10 of this Ordinance. Conditional uses maw permitted with a conditional use permit, which may be issued by the Planning Commission in accordance with the regulations in Section 50.30 of this Ordinance. Section 14.52 Site and Building Requirements The Lot, Yard, Height and Additional Requirements in the Cannery District (CD) shall be as established in the Commercial Site and Building Requirement Table, Section 19.20 of this Ordinance. Section 14.53 Density The Cannery District (CD) is composed of commercial and mixed use projects and stand alone residential projects. Commercial and mixed use projects have a maximum floor area ratio (FAR) of 2.0. Stand alone residential projects are at most 40 dwelling units per acre (du/ac). L' Section 14.54 RailroaL _irridor Properties that abut the railroad corridor must provide "standard" fencing design that will be commercial grade, six -foot tall, black powder coated metal, with vertical slats and top and bottom rail as well as a five -foot minimum landscape planter area adjacent to the railroad corridor. The intent of the City and Public Utilities Commission is to create a pedestrian pathway along the east side of the railroad corridor between Tenth Street and Leavesley Road. Additional articulation should be provided on building facades that face this corridor to promote an aesthetically pleasing view of the Downtown for rail patrons. 14 -9 City of Gilroy ZONING ORDINANCE SECTION 14, DOWNTOWN SPECIFIC PLAN DISTRICTS GATEWAY DISTRICT (GD) Section 14.60 Statement of Intent This district is suitable for the development of new mixed -use and stand -alone residential projects. The intent of the Gateway District (GD) is to create the primary entryway into the downtown area. The uses in this district include residential, office, and commercial services. Parking is screened from traffic and pedestrians. Street beautification with landscape and architectural enhancements is encouraged. Architectural styles should reflect the City's extensive and diverse history. The following regulations, except to the extent that they be modified by a combining district, shall apply to every lot and building in a Gateway District (GD). Section 14.61 Permitted Uses and Conditional Uses Land in the Gateway District (GD) may be used as provided in the Commercial Use Table, Section 19.10 of this Ordinance. Conditional uses may permitted with a conditional use permit, which may be issued by the Planning Commission in accordance with the regulations in Section 50.30 of this Ordinance. Section 14.62 Site and Building Requirements The Lot, Yard, Height and Additional Requirements in the Gateway District (GD) shall be as established in the Commercial Site and Building Requirement Table, Section 19.20 of this Ordinance. Section 14.63 Density The Gateway District (GD) is composed of commercial and mixed use projects and stand alone residential projects. Commercial and mixed use projects have a maximum floor area ratio (FAR) of 0.75. Stand alone residential projects have at most 30 dwelling units per acre (du/ac). 14 -10 Section 14.64 Railroau - orridor Properties that abut the railroad corridor must provide "standard" fencing design that will be commercial grade, six -foot tall, black powder coated metal, with vertical slats and top and bottom rail as well as a five -foot minimum landscape planter area adjacent to the railroad corridor. The intent of the City and Public Utilities Commission is to create a pedestrian pathway along the east side of the railroad corridor between Tenth Street and Leavesley Road. Additional articulation should be provided on building facades that face this corridor to promote an aesthetically pleasing view of the Downtown for rail patrons. 14 -11 City of Gilroy (b Section 19.10 COMMERCIAL USE TABLE Section 19.11 Statement of Intent .ONING ORDINANCE SECTION 19 COMMERCIAL TABLES The intent of this Commercial Use Table is to clearly and precisely designate permitted uses and conditional uses within each of the following districts: PO PROFESSIONAL OFFICE Cl NEIGHBORHOOD COMMERCIAL !''] !'L'ATTT] A T TITCTDT!"T !'lIA AA dL'D!'T A T C3 SHOPPING CENTER COMMERCIAL HC HIGHWAY COMMERCIAL CM COMMERCIAL INDUSTRIAL Downtown Specific Plan Districts DHD DOWNTOWN HISTORIC DISTRICT DED DOWNTOWN EXPANSION DISTRICT CCA CIVIC /CULTURAL ARTS DISTRICT TD TRANSITIONAL DISTRICT CD CANNERY DISTRICT GD GATEWAY DISTRICT Section 19.12 Designation of Commercial Uses The Commercial Use Table indicates whether a variety of uses are unconditionally permitted, permitted only with a conditional use permit from the Planning Commission, or permitted only under special conditions. The Planning Commission, or its designee, shall determine, upon written request, whether or not any use not listed in the Commercial Use Table is similar in character to a described use for the purpose of applying the district regulations and conditions. 19 -1 Section 19.13 (a) %-- mmercial Use Table (Revised 8/4/2005) Adult Businesses) C Animal Services Animal Boarding C C Animal Grooming X X X X Animal Hospital /Veterinary Office C C G X X Antique Shop X x X X X Appliance Repair X X X Arcade x X X Art Studio or Gallery X x X X Auction House x X X Automobile Services Auto Body Repair & Painting C Automobile Parts Sales X X X Automobile Repair X X Automobile Sales, indoor, no repair x X X Automobile Sales X X Automobile Sales, Temporary 6 G C C C Car Wash X X Gasoline Station C X X X Tire Shop C x X X X Bank C X x X X Bakery X x X C X Bars: On -site liquor consumption 4,IT X9 X9 X9 (except as ancillary to a restaurant use) Bed and Breakfast Establishment X X X X X Boat Sales X X Bowling Alley x X X Building Materials Sales and Storage X X Card Room C= C C Clothing Sales/ Service Establishment X X X X Contractor's Yard X Dance Hall X X Desktop Publishing/Copy Shop X X X, X X Feed or Fuel Store C C X Festival T =F T T 19 -2 Grocery Store or Deli X x X X Gymnasium/Health Studio X x X X Home Occupationlo X X x X X Hotel, Motel X X X X Laboratory (Research) C C X X Landscape Nursery X X Liquor Sales with tasting (Wine and G, X9 X9 X9 Beer only) 9 Liquor Sales (Off site consumption) C9 X X9 X Medical or Dental Office /Clinic X X x X X Mortuary or Crematory C G X X Newspaper Printing Facility X Office X X X, X X Outdoor Amusement/ Recreation G C C C Parking Lot X x X X Pawn Shop x X X Personal Services 11 X V1 X X Pool & Billiards Establishment x X C Printing/ Sign Painting Establishment X X Restaurant X X X X X Retail Sales Establishments X x X C X Theater x X X X Therapy Clinic (licensed provider) X X X, X X Tire Shop C X X X Tow Yard C Travel Trailer or Camping Facility C Light Industrial Uses Permit7in X Plumbing or Sheet Metal Sh X Pottery and Ceramics Manufacturing X Truck Stop C C 19 -3 X = Unconditionally permitted T = Temporary Use - See Section 47 C = Permitted only with Conditional Use Permit granted by Planning Commission 1- Conditionally permitted in the C3 District except for C3 property that is part of a block which abuts First Street, and in accordance with the requirements set forth in Section 28. 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 (1) year, with a maximum one (1) year extension. One (1) 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. 3- 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 clientele base which represents a regional draw; and (b) A regional draw shall mean a clientele base with at least seventy-five percent (75 %) of the customers residing outside the City limits. 4- The requirement for a Conditional Use Permit does not apply to businesses whose primary use is the preparation and service of food. 19 -4 5- Residential units may be allowed in conjunction with an existing business. Residential units in the 492 C3 zones may be allowed when located on the second or third floor of a building. More than one residential unit may be allowed upon approval of a Conditional Use Permit pursuant to Section 50.30. All residential unit projects within commercial zones shall comply with the following guidelines: (a) The number of residential units shall not compromise the quality or character of any existing or proposed businesses located on the same property; (b) The number of residential dwellings shall be limited by the availability and provision of off -street parking stalls; (c) All bedrooms proposed for residential use shall meet minimum square footage requirements in compliance with the Uniform Building Code; and (d) Open space shall be provided, when feasible. 6- A Conditional Use Permit may be granted to an auto - related sales business for up to four (4) temporary auto sale events on the same property within one (1) calendar year. 7- Uses allowed in the M1 zoning district subject to a Conditional Use Permit are also subject to Conditional Use Permit in the CM zoning district. 8- These uses are unconditionally permitted on the second story and above. Anytime these uses are proposed for the first floor (sidewalk level), a Conditional Use Permit is required. 9- Requests for new ABC liquor licenses are subject to review and approval of the City's ABC Committee and the Chief of Police. 10- Permitted only if the regulations of Section 40 of this Ordinance are met. 11- Commercial uses providing needed services of a personal nature. Personal services generally include barber and beauty shops, nail salons, tanning and spa salons, seamstresses, tailors, shoe repair shops, dry cleaning (except bulk processing plants), and self service laundries. 19 -5 Section 19.13 (b) _ ,mmercial Use Table (Snecific Plan L_—ricts) (Revised 3/20/2006) 19 -6 DHD DED CCA TD CIS` GD ommercial. Uses Animal Boarding X" X" X" C Animal Grooming X X X X Animal HospitalNeterinary Office X Antique Shop X X X X Appliance Repair X X X Arcade and Internet Access as primary use X X X X Art, Dance, Gymnastic and Music X4 X X X X X Studios or Galleries Art, Handicraft X X Auction House X4 X X Automotive Body Repair & Painting C Automotive Car Wash X Automotive Gasoline Station X1 X Automotive Parts Sales X1 X Automotive Repair and Service X' X13 Automotive Sales X X X Automotive Sales TemporqiY3 C C C C Automotive Tire Shop x 1 Bank X X X X X Bakery /Coffee House X X X X X X Bakery, Commercial C C X X Bed and Breakfast Establishment X X X Boat and Motorcycle Sales X X Bowling Alley X X X Building Materials Sales and Storage X Card Room C C Clothing Sales /Service Establishment X X X X X Cottage Industry with light manufacturing and assembly X X Dance Hall C C Desktop Publishing/Copy Shop X X X X X X Festival T T T T I T T 19 -6 Grocery Store or Deli (Not supermarket) X X X X X X Gymnasium /Health Studio X X X X X X Home Occupation X X X X X X Hotel, Motel C X X Laboratory (Research and Testing) X4 C C X Landscape Nursery X Liquor Sales /Bars (On site consumption)5 C1 X CI CI X Liquor Sales ,Off site consumption)5 C X C X Liquor Sales with Tasting _5 C X X X X (Wine and Beer only) Medical or Dental Office /Clinic X4 X X X Mortuary or Crematory C X X Newspaper Printing Facility acility X Office X4 X X X X X Outdoor Amusement/ Recreation C Parking Lot (Automobile Parking) X X X X X X Pawn Shop X X Personal Services? X X X X X X Pool & Billiards Establishment X X C Printing/ Sign Painting Establishment X X X X Restaurant X X X X X X Restaurant with drive through X X Retail Sales 10,000 sq. ft. or less X X X X X Retail Sales 10,001 sq. ft. to 50,000 sq. ft. X X Retail Sales 50,001 sq. ft. or more X Supermarket X X Theater X X X X X X Therapy Clinic licensed provider) X X X X X Tow Yard (No dismantling or parts sales) C 19 -7 X = Unconditionally permitted T = Temporary Use - See Section 47 C = Permitted only with Conditional Use Permit granted by Planning Commission Footnotes to Permitted Uses Table 1- The requirement for a Conditional Use Permit does not apply to businesses whose primary use is the preparation and service of food and liquor is served as a clearly ancillary 2- Residential units may be allowed in conjunction with an existing business. All residential unit projects within commercial zones shall comply with the following guidelines: (a) The number of residential units shall not compromise the quality or character of any existing or proposed businesses located on the same property; (b) The number of residential dwellings shall be limited by the availability and provision of off street parking stalls or as allowed by ordinance; (c) All bedrooms proposed for residential use shall meet minimum square footage requirements in compliance with the Uniform Building Code; and (d) Open space shall be provided, when feasible. 3- A Conditional Use Permit may be granted to an auto related sales business for up to four temporary auto sales events on the same property within one calendar year. 4- These uses are unconditionally permitted on the second story and above. Anytime these uses are proposed for the first floor (sidewalk level), a conditional use permit is required. 5- Requests for new ABC liquor licenses is subject to review and approval of the City's ABC Committee and the Chief of Police. 6- Permitted only if the regulations of Section 40, Home Occupations, of the Zoning Ordinance are met. • 7- Commercial uses providing needed services of a personal nature. Personal services generally include barber and begigy chops, nail salons, tanning and spa salons, seamstresses, tailors, shoe repair shops, dry cleaning (except bulk processing plants), and self service laundries. 8- Uses offering the primary_ personal services of massage, tattoo, and/or piercing are prohibited. 9- Indoor only for the display and sales of automobiles with no repair or servicing. 10- Not permitted on any Rarcel fronting on Ei lg eberry Street or on those parcels that may front a side street on the one -half block west of Gourmet Alley. 11- Day boarding only allowed, no overnight boarding_ 12- Must have a prominent ancillary retail outlet or use. 13- Must be approved by a Conditional Use Permit if within 150 feet of a residential use. 14- Residential units may be allowed on the ground floor if located between Eigleberry and Church Streets behind a business. 19 -9 SECTION 19.20 COMMERCIAL SITE AND BUILDING REQUIREMENT TABLE Section 19.21 Statement of Intent The intent of the Commercial Site and Building Requirement Table is to clearly and precisely establish the basic site and building regulations which shall apply to all development in each of the following districts: PO PROFESSIONAL OFFICE Cl NEIGHBORHOOD COMMERCIAL r'1 PjS;FRjGT= GQ dA 4L I2 nT A T C3 SHOPPING CENTER COMMERCIAL HC HIGHWAY COMMERCIAL CM COMMERCIAL INDUSTRIAL DOWNTOWN SPECIFIC PLAN DISTRICTS DHD DOWNTOWN HISTORIC DISTRICT DED DOWNTOWN EXPANSION DISTRICT CCA CIVIC /CULTURAL ARTS DISTRICT TD CD GD TRANSITIONAL DISTRICT CANNERY DISTRICT GATEWAY DISTRICT Section 19.22 Designation of Commercial Site and Building Requirements The figures in the Commercial Site and Building Requirement Table establish lot, yard, and height requirements for each of the commercial zoning districts. The table also indicates where additional site and building requirements, including but not limited to off - street parking, landscaping, signing, fences and obstructions, and performance standards, apply to commercial zoning districts. 19 -10 Section 19.23 (a ) Comm— _1al Site and Bufldin2 Re uirement 'l axle Commercial District Requirements PO G1 � C3 HC CM LOT REQUIREMENTS Lot Size in Sq. Ft. (min.) (Lots created 8000 none n none none none prior to September 2005) Lot Size in Sq. Ft. (min) (Lots created 8880 after September 2005) LOT COVERAGE YARD REQUIREMENTS (Min. setbacks in feet.) Front (Measured from the face of curb) 31 31 ® 41 31 26 Side (Adjacent to street) Measured from the face of curb) 21 21 0 31 31 26 Side (All other side yards) 6 ** ® 0 ** ** Rear ** ** ® 0 ** ** HEIGHT REQUIREMENTS (Maximum) Building Height in Feet 35 35 4=5 75 75 35 Number of Stories 1 2 2 -4 6 6 2 ADDITIONAL REGULATIONS (PART II) Off - Street Parking, Sec. 31 Yes Yes *es Yes Yes Yes Fences, Sec. 34 Yes Yes *es Yes Yes Yes Signs, Sec. 37 Yes Yes ¥@s Yes Yes Yes Landscaping, Sec. 38 Yes Yes *OR Yes Yes Yes Performance Standards, Sec. 41 Yes Yes *@a Yes Yes Yes ESTABLISHED DEVELOPMENT POLICIES Commercial Condominium Policy Yes Yes ¥es Yes Yes Yes Consolidated Landscaping Policy Yes Yes *es Yes Yes Yes Industrial Design Guidelines n/a n/a n/a n/a Yes Leavesley Road Policy n/a n/a Yes Yes Yes Street Furniture Policy Yes Yes *os Yes Yes Yes Tenth Street Policy n/a n/a ¥gs Yes n/a Yes w imm existing setbacks ** 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. 19 -11 Section 19.23(b) Commer,. --t Site and Building Requirement Tawc (Downtown Specific Plan Districts) Lot Size in Sq. Ft. (min.) LOT COVERAGE Floor Area Ratio (FAR) Monterey St. to Church St. (FAR) Church St. to Dowdy St. (FAR) DENSITY YARD REQUIREMENTS (Setbacks in feet measured from property line.) Minimum/Maximum Front Side (Adjacent to street) Side (All other side yards) Rear Special circumstances Eigleberry Street to Church Street Front Side (Adjacent to street) Side (All other side yards) Rear Church Street to Dowdy Street Front Side (Adjacent to street) Side (All other side yards) Rear East of Eigleberry Street Front Side (Adjacent to street) Side (All other side yards) Rear West of Eigleberry Street Front Side (Adjacent to street) Side (All other side yards) none I none I none I none 2_5 1 2_5 1_5 1.0 0115 0115 0 /none 0 /10' 0 /10' 0 /none' 0 /none2 0 /none2 0 /none2 W W 0 0/10 10 /none 0 /10 10 /none 20 /none i vi livuc, 10 /none 1_55 none I none 2_05 I 0.755 20 du/ac5 140 du/ac5 I 30 du /acs 0/15 10 /none' 0 /none 0/5 154 /none 10 /none 5 /none 10 /none 0115 15 /none 10 /none' 15 /none 15 /none 0 /10 0 /none 10 /none 1- To be reviewed for vehicular site distance 2- To be reviewed by Staff to insure compliance with urban design principles. 3- Rear yard setback for parcels east of Monterev Street, between Lewis and Seventh is 51' to accommodate drive access & parking. 4- Ten foot setback to property line allowed with a porch. 5- Use either floor area ratio or stand alone residential density to determine proiect size. 19 -12 HEIGHT REOUIREMENTS (Maximum Building Height in Feet 50 50 50 40 50 40 Fronting Railroad Street 35 Number of Stories 4 4 4 3 4 3 BUILDING FORM Street Front Building Height (feet) 25 min 25 25 None 25 None Yes Yes Third and Fourth Floor setback required Yes Yes Yes No No No No No No No Facades greater than 40 feet in length shall replicate traditional 20 to 40 feet store fronts. RAILROAD CORRIDOR STANDARD Yes Yes No No Yes Yes see Railroad Corridor Standards Section 14 ADDITIONAL REGULATIONS (PART II) Yes Yes Yes Yes Yes Yes Off -Street Parking, Sec. 31 Fences, Sec. 34 Yes Yes Yes Yes Yes Yes Signs, Sec. 37 Yes Yes Yes Yes Yes Yes Landscaping, Sec. 38 Yes Yes Yes Yes Yes Yes Performance Standards, Sec. 41 Yes Yes Yes Yes Yes Yes ESTABLISHED DEVELOPMENT POLICIES Yes Yes Yes Yes Yes Yes Commercial Condominium Policv Street Furniture Policv Yes Yes Yes Yes Yes n/a Tenth Street Policy n/a Yes n/a Yes n/a n/a 19 -13 City of Gilroy ZONING ORDINANCE SECTION 31 OFF - STREET PARKING REQUIREMENTS Section 31.25 (b) Downtown Specific Plan Parking Requirements Off - street parking in the DHD and DED (with the exception of established public parking), shall have primary access from the side streets, alley, access easements, or via reciprocal access agreements if such access opportunities exist. New private parking facilities shall not be located adjacent to the Monterey Street sidewalk and shall not replace an existing or potential retail storefront. Parking stall dimensions in the DHD and DED districts may vary from City standard when approved by the Planning Division Manager. The Planning Division Manager may also consider and approve alternative parking solutions such as tandem and shared parking when appropriate in these districts. Corner properties are encouraged to allow for reciprocal access to interior block properties in order to provide parking at the rear of the lot. Access easements across adjacent lots to the rear of a property are also encouraged. Downtown Historic District (DHD) Permitted in rear only (except public -owned parking). All parking requirements may be satisfied by a in in -lieu fee Downtown Expansion District (DED) Permitted in rear or on the side of the building. All parking requirements may be satisfied bypaying in-lieu fee Civic / Cultural Arts District (CCA) Monterey Street to Church Street: Permitted in rear only_ Church Street to Dowdy Street: Any location. All parking requirements may be satisfied by a in in -lieu fee Transitional District (TD) Permitted at side or rear only. Where an alley occurs, access to residential parking and garages shall only be provided from the alley, 50% of parking requirements (except lodging and residential) may be satisfied by a in in -lieu fee. Cannery District (CD) Permitted at side or rear. 50% of parking requirements may be satisfied by a n in -lieu fee. Gateway District (GD) Any location - Maximum of 25% of required parking may be located between the building and street with berming and planting between the street and parking. All parking requirements must be met on -site except a 25% reduction is allowed for vertically mixed use pjpjects. 31 -1 Uses Residential Units > 3 spaces per 1000 sq. ft. 1 space per 1000 s4. ft. 400 so. ft. 1 space per 450 sq. ft. 1 space per 1000 sq. ft. 1 space per 6 seats + 1 space per 4 shift employees 1 space per 500 sq. ft. 1 space per unit + I guest per 6 units 1 space per 500 sq. ft. 31 -2 Section 31.25 (b) Dow...,pwn Specific Plan Parkine Reauirem,-.gts Off -street parking in the DHD and DED (with the exception of established public parking), shall have primary access from the side streets, alley, access easements, or via reciprocal access agreements if such access opportunities exist. New private parking facilities shall not be located adjacent to the Monterey Street sidewalk and shall not replace an existing or potential retail storefront. Parking stall dimensions in the DHD, DIED, TD, CCA and CD districts may vary from City standard when approved by the Planning Division Manager. The Planning Division Manager may also consider and approve alternative parking solutions such as tandem and shared parkin when appropriate in these districts. Corner properties are encouraged to allow for reciprocal access to interior block properties in order to provide parking at the rear of the lot. Access easements across adjacent lots to the rear of a property are also encouraged. Downtown Historic District (DHD) Permitted in rear only (except public -owned parking). All parking requirements may be satisfied by a in in -lieu fee Downtown Expansion District (DED) Permitted in rear or on the side of the building. All parking requirements may be satisfied by-paying in -lieu fee Civic / Cultural Arts District (CCA) Monterey Street to Church Street: Permitted in rear only. Church Street to Dowdy Street: Any location. All parking requirements may be satisfied by a in in -lieu fee Transitional District (TD) Permitted at side or rear only. Where an alley occurs, access to residential parking and garages shall only be provided from the alley. 500 sq. ft. 50% of parking, requirements (except lodging and residential) may be satisfied by a in in -lieu fee. Cannery District (CD) Permitted at side or rear. 50% of parking requirements may be satisfied by a in in -lieu fee. Gateway District (GD) Any location - Maximum of 25% of required parking may be located Offices between the building and street with berming and planting between the street and parking_ All parking requirements must be met on -site except a 25% reduction is allowed for vertically mixed use pMLects. Parkin Requirements Civic Uses 3 spaces per 1000 sq. ft. Cultural Uses I space per 500 sq. ft. Light Assembl 1 space per 1000 sq. ft. Lodging 1 space per room + 1 space per 2 shift employees Offices 1 space per 400 sq. ft. Professional Office 1 space per 450 sq. ft. Research & Development 1 space per 1000 sq. ft. Restaurants 1 space per 6 seats + 1 space per 4 shift emplo ees Retail 1 space per 500 sq. ft. Retail / Entertainment 1 space per 500 sq. ft. Residential Units < 800 s_q ft 1 space per unit + 1 guest space per 6 units Residential Units > 800 sq ft 1.5 spaces per unit + 1 guest space Mr 4 units Service Commercial I 1 space per 500 sq. ft. 31 -5 Section 34.40 Prohibited Materials Section 34.41 Barbed Wire Fences Barbed wire, razor wire or similar fences shall not be installed within the City, except for security fences in commercial and industrial zones. Section 34.42 Electrified Fences Electrified fences of any kind shall not be installed within the City. Section 34.43 Wire Mesh Fences Wire mesh fences shall not be installed within any required front yard, side yard or rear yard setback area whenever this is adjacent to a street in any residential, or commercial zone. In the p= # E2k=Z~ Downtown SSp fAg :. Plan districts, no wire mesh fencing will be installed within the front 30 feet or the side or rear 20 feet whenever adjacent to a street or an alley. The Wire mesh fences shall not be installed along any water district channel or railroad corridor, unless coated with a dark vinyl or similar material. 34 -3 business to be i. _ified or advertised by such signs. Th Yation of all signs shall be in compliance with the building, electrical and fire prevention codes of the City as amended. (b) The maximum permissible total sign area for all signs including freestanding signs (but excluding master shopping center and freeway signs), for all commercial or industrial districts shall not exceed the maximum total sign area for each business, according to the following table: PO and-CC Districts Cl, ID an4 CLt7 Districts DIID and DEd - Districts C3, HC, CM and GI'? M1, M2 COLUMN 1 Maximum total sign area permitted (in square feet) for each lineal foot of building frontage N/A 1 1/2 2 11/2 COLUMN 2 Maximum total sign area permitted (in square feet) regardless of building frontage (except as provided in subsection f) 35 75 75 150 350 The permitted sign area may be mounted on a freestanding sign and on any side of a building, except no sign shall be mounted on the side of a building abutting and facing a freeway. The lineal footage of a building frontage shall be that distance of building facing a public street. The maximum sign area for buildings which front on more than one street shall be calculated by using the longest of any one such frontage. In a commercial or industrial complex where there are three (3) or more tenants, the maximum sign for each tenant may be calculated by using the greater of (1) the building elevation fronting a street or (2) the building elevation fronting directly on the parking lot for the commercial or industrial complex. (c) The maximum number of freestanding signs shall be one (1) per business, building, or parcel, whichever is most restrictive. An individual business shall not be permitted to have a freestanding sign where there is a master shopping center or group sign. The area of the freestanding sign shall be included in the maximum area allowed. The maximum height for any freestanding sign shall be seven (7) feet, except for freeway oriented signs, master shopping center signs, and specific subdivision and real estate signs regulated under this Ordinance. (d) The maximum thickness of wall signs shall be twelve (12) inches where the building abuts the property line and eighteen (18) inches elsewhere. 37 -7 (e) Credit card and trading stamp signs shall be included in the maximum sign area allowed. One (1) additional sign per business will be allowed which shall contain all credit card and trading stamp emblems. The total area of this sign shall not exceed four (4) square feet. (f) Each business, in any commercial or industrial zoning district other than the PO Professional Office District, regardless of building frontage, shall be allowed a minimum of twenty (20) square feet of total sign area. To allow for such sign area for a new business on a parcel containing a pre- existing business, the maximum total sign area may exceed the maximum limit in column 2, subsection (b), but shall not exceed the maximum limit in column 1, subsection (b). (g) Readerboard signs in commercial districts shall be permitted only to the extent that they conform with and are included in the total sign area permitted for a business in that district. Menu readerboards for drive -thru restaurants are exempt when consistent with the requirements of Section 37.24 (t). ih, `+ic.ti` ill all of di;. Plan i[Astricts, e icpt, frn' thc: Gateway 1 ii...tl1c . sl��ill cutnl►ly \ti_itll Specific Plan documerit Ctiaf er IV Uesi-ti t Tuideligez fait siy_w_ _ Thtr :.. gidolincs encoui� g� signa e, „f unique des n, s vlo wid matei_ial._ that co inplertic tit.the.. urban and rests ci i_ace- ays and ifaci �ially illuminated cans. 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. Section 37.52 Master Shopping Center Signs A master shopping center sign may be permitted in any commercial district, except the PO Professional Office District, if the shopping center has at least five (5) distinct commercial business occupants, and/or includes twenty thousand (20,000) square feet of floor area. A master shopping center sign may be either freestanding or wall - mounted and may be permitted in addition to the maximum area of signing allowed 37 -8 City of Gilroy Section 38.10 Statement of Intent .BONING ORDINANCE SECTION 38 LANDSCAPING It is the intent of this Section of the Ordinance to establish regulations governing the provision and maintenance of landscaping in the City of Gilroy. Section 38.20 Landscaping Required Section 38.21 Residential Zones All multi- family residential developments shall landscape all yard areas required by this Ordinance (or an equivalent area elsewhere on the site) which are not specifically used for driveways, walkways, patios or similar purposes. At least thirty -five percent (35 %) of the required landscaped area shall be designed to be usable as open recreational area. Section 38.22 Commercial Zones All commercial development shall provide landscaping within the areas of the development most visible from the adjacent streets. A minimum ten (10) foot wide planter area shall be provided along each street frontage in addition to the public right -of -way. At least eight percent (8 %) of the gross land area, in addition to the public right -of -way, shall be landscaped, except in i44#it� the DowrltovyiI Specific Plan districts where front and side yard setbacks are not utilized. All portions of a site with over forty (40) square feet of area not specifically used for parking, driveways, walkways, or similar access shall be landscaped. Trees shall be planted on average every twenty (20) feet on center or as determined by a licensed landscape architect. Landscaped islands shall be located in parking lots at the rate of at least fifty (50) square feet for every twelve (12) stalls, and shall be evenly distributed throughout the parking area. Planter areas shall be at least five (5) feet wide except in specific site situations where the Planning Director rules that this width is impractical. Planter areas containing trees shall be a minimum of eight (8) feet in width. [c City of Gilroy Ank W110-4 IRMW Section 43.10 Statement of Intent ZON. s ORDINANCE SECTION 43 STREET MERCHANDISING It is the intent of this Section of the Ordinance to provide specific standards for Street Merchandising. This Ordinance recognizes that: a) Street Merchandising is an integral part of doing business in the Gen P46Wwt core, Do4`jlltowu c:otnattc' -i6.0 diytttct5 (1)Hll and llLU); b) All Downtown Merchants should be able to enjoy this privilege; c) Appearance of the G—na-m -'' Phis -' e` (e44m "e ' core Downtown commercial districts is protected by providing measurable standards for Street Merchandising compliance; d) Street Merchandising by one merchant will not detract from the business operations of other merchants; and e) These standards are intended only to regulate merchandise for sale, placed on daily display and is not intended to be interpreted for the sidewalk sale of food or other types of permanent street furnishings for public use. Section 43.20 Street Merchandising is allowed under the following regulations: 1. Street Merchandising is allowed only in the "', `-�' ,,:..'x ='' rr °'" ��"'' cix'e Downtown commercial districts (DHD and DED). 2. Merchandise shall not be allowed at the curb or within 5 feet of the curb. 3. All businesses shall have a CLEAR four feet path-of -travel past the store frontage on the sidewalk and into the front entry of the business. 4. Merchandise placed in front of a business shall be immediately adjacent and not further than 3 feet from the building facade. 5. Merchandise shall not rise more than 5 feet above the sidewalk. 6. The maximum amount of merchandise shall be limited to 25% of the linear frontage of the store facade with a minimum display area of five feet for facades of less than 20 linear feet. 7. Businesses located on a corner shall use their address frontage to calculate the amount of display area allowed, with merchandise allowed only along that frontage. 8. Merchandise shall never be covered to protect it from the environment but removed indoors for protection. 9. Street Merchandising will be limited to business hours. 10. Prior to placing merchandise on a public sidewalk, the business owner shall procure insurance and submit to the City a certificate of insurance in an amount and form acceptable to the City's Risk Manager, adding the CITY OF GILROY as an additional insured to the Owner's comprehensive general liability policy. 43.1 will I= Im im 1101,0111111 1111111111111111 11111M 11111,11 111111 51111111 OUR,! mill■■ I'm 0 NONE 1 1111111mm Downtown Historic, Distn'd IMMON11NINE MMINE1011101 I Ig W . UAW Civic/Cultural Arts District Q7 Cannery D'str'ct z EXHIBIT B Scale: 1" =700' I, RHONDA PELUN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2006 -08 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 17th day of April, 2006, 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 20th day of April, 2006. City Clerk of the City of Gilroy (Seal)