Ordinance 971
ORDINANCE NO. 971
ORDINANCE OF THE CITY OF GILROY REPEALING SECTIONS
25, 50, 51, 52 AND 53.4 AND AMENDING SECTIONS 32,
33.2(a)(6), 53, 73 AND 80 OF THE ZONING ORDINANCE.
WHEREAS, the Planning Commission of the City of Gilroy
has on its own motion studied the advisability of amending the
Zoning Ordinance of the City of Gilroy; and
WHEREAS, the Planning Commission of the City of Gilroy has
given due notice of a public hearing upon the proposed amendment
in accordance with the Zoning Ordinance of the City of Gilroy,
has held the hearing, and has made its report to the Council of
the City of Gilroy, in which it recommends that as to the Zoning
Ordinance that Sections 25, 50, 51, 52 and 53.4 be repealed and
that Sections 32, 53, 73 and 80 be amended; and
WHEREAS, the Council of the City of Gilroy has fixed the
4th day of December, 1972, at the hour of 8:00 p.m. in the
Council Chambers in the City Hall at 7390 Rosanna Street, Gilroy,
California, as the time and place for hearing the said report and
recommendation upon the proposed amendment, and due notice of the
said hearing has been given in accordance with the said Zoning
Ordinance, and a public hearing has now been held upon the said
application, at the time and place fixed in the said notice, before
the Council, and the Council having duly considered the proposed
amendment and the evidence presented, and has determined that the
said Zoning Ordinance should be amended in accordance with the
report of the said Planning Commission, except that hotels and
motels should be permitted under conditional use permits in C2
but not Cl zones;
ORDINANCE NO. 971
NOW, THEREFORE, THE COUNCIL OF THE CITY OF GILROY DOES
ORDAIN AS FOLLOWS:
Section 1: The following sections of the Zoning Ordinance
are repealed and amended as follows:
(A) Section 25, Medium density multiple family residential,
R4 district, be repealed.
(B) Sections 32.5 and 32.6 be amended to read as follows:
32.5 Front Yard Setback. The front yard setback shall
be a minimum of 10 feet. The Commission may, under Section
53.1 of this chapter require greater setbacks in specific
areas or neighborhoods.
32.6 Side Yard Setback. Side yard setbacks shall be
a minimum of 10 feet on corner lots.
(C) Section 33.2 (a)(6) be amended to read as follows:
33.2 Conditional Uses.
(a) (6) Hotels and motels.
(D) Section 50, Combining regulations, be repealed.
(E) Section 51, "A" agricultural zoning area, be repealed.
(F) Section 52, "B" building site zoning area, be repealed.
(G) Section 53, "s" special zoning area, be amended to. read
as follows:
Section 53 Regulations for all districts.
The following regulations shall apply to all districts
within the City of Gilroy. If any regulations specified in
this section differ from any of the corresponding regulations
specified in another section, this section will prevail.
(H) Sections 53.1, 53.l(a) and 53.l(e) be amended to read
as follows:
53.1 Building Permits. No building permit shall be
issued for any use within any district unless:
(a) All buildings, layout and landscaping plans
including all signs have been submitted and approved by
the secretary of the planning commission and the director
of public works.
(e) In unusual circumstances in specific areas and
ORDINANCE NO. 971
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after a public hearing, the planning commission may by
resolution specify such building line setbacks, yard regu-
lations, area regulations, and building height limitations
as are consistent with the use to which the property is to
be put, and which will protect the general character of the
neighborhood.
(I) Sections 53.2 and 53.2(e) be amended to read as follows:
53.2 Development Regulations. In all districts the
following development regulations shall be in effect:
(e) Other Requirements
(1) Access. Access to parking areas shall be
completely surfaced with asphalt or concrete surfacing.
Single lane entrances or exits shall be not less than
14 feet in width; combined entrance or exit shall be
not less than 25 feet in width. Each entrance and exit
to a parking lot shall be constructed and maintained so
that any vehicle entering or leaving the parking lot shall
be clearly visible at a distance of not less than 10 feet
to a person approaching such entrance or exit on any ped-
estrain walk or foot path. Bumper guards, entrance and
exit signs, and directional signs shall be maintained
where needed.
(2) Landscaping. Landscaping shall be required
along the front, sides and the exterior of a parking
area. Wheel blocks shall be installed along the parking
side of any planting strip. Where a wall is required to
be set back from a property line, the open areas between
the property line and said wall shall be landscaped. All
landscaping shall be maintained.
(3) Li~hts. Any lights used to illuminate parking
areas shall e so arranged as to reflect the light away
from adjoining residential properties and streets.
(4) For any use which is not specifically listed
under these regulations the Commission shall in each case
determine the parking requirements for such use at the
time approval is given to plans under this section.
(J) Section 53.3 be amended to read as follows:
53.3 Appeal of Application. In the case the secretary
of the planning commission has doubts as to whether the
application should be approved, he may refer said application
to the planning commission which shall hear the matter upon
the same notice and proceedings as are required in an original
application to the commission for a use permit under section 73
of this chapter, and an appeal may be taken from the decision of
the planning commission to the council by any person who is
dissatisfied with such decision upon the same procedure and
within the time specified in section 82 of this chapter.
ORDINANCE NO. 971
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(K) Section 53.4 be repealed.
(L) Sections 73(a), (b) and (c) be amended and Sections
73(e) and (f) be enacted to read as follows:
(a) The fee to accompany an application for a conditional
use permit shall be Twenty-Five Dollars ($25.00) plus a fee
sufficient to cover all costs of publication in connection
therewith.
(b) The fee to accompany an application for a variance
shall be Twenty-Five Dollars ($25.00) plus a fee sufficient
to cover all costs of publication in connection therewith.
(c) Each petition requesting the reclassification of a
zoning district when initiated by one or more property owners
shall be a fee of Fifty Dollars ($50.00) plus one dollar ($1.00)
for each acre applied for reclassification of zoning plus a
fee sufficient to cover the cost of publication.
(d) Planned Unit Development fee of Fifty Dollars ($50.00)
plus one dollar ($1.00) per acre for each acre for which said
development exceeds three acres and a fee sufficient to cover
all publication costs in connection therewith.
(e) A fee of Fifteen Dollars ($15.00) for any modification
of previously approved plans which must come before the
Planning Commission again.
(f) A fee to accompany the filing of a tentative map
with the Secretary of the Planning Commission shall be
Fifty Dollars ($50.00).
(M) Section 80(a) be amended to read as follows:
(a) Whenever the secretary of the planning commission
is in doubt as to the classification of a use not specifically
mentioned in this chapter, the determination shall be made by
the commission. The referral shall include a detailed descrip-
tion of the proposed use and such other information as may be
required.
Section 2: All ordinances and parts of ordinances in conflict
herewith are hereby repealed.
Section 3: This ordinance shall take effect and be in full
force thirty (30) days from after its passage and approval.
PASSED AND ADOPTED this 18th day of December, 1972, by the
following vote:
AYES:
COUNCILMEMBERS:
BATREZ, HUGHAN, PATE, SILVA,
STOUT and DUFFIN
NOES:
COUNCILMEMBERS:
None
APPROVED:
'"
ABSENT: COUNCILMEMBERS:
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C erk
GOODRICH
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ELAINE C. CODIGA, Deputy
I , ~ tfI.I ~, City Clerk of the City of G i I roy, do hereby
certify that the attached Ordinance No. 971 is an original ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of
said Counci I held on the 18th day of December
, 19~, at which
meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of Gilroy, this 22nd day of December
, 19..E:.. .
Deputy City
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y
(S ea 1)