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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of the City of Gilroy, in which it recommends that as to the Zoning Ordinance that Sections 25, 50, 51, 52 and 53.4 be repealed and that Sections 32, 53, 73 and 80 be amended; and WHEREAS, the Council of the City of Gilroy has fixed the 4th day of December, 1972, at the hour of 8:00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THE COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: Section 1: The following sections of the Zoning Ordinance are repealed and amended as follows: (A) Section 25, Medium density multiple family residential, R4 district, be repealed.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 (D) Section 50, Combining regulations, be repealed. (E) Section 51, "A" agricultural zoning area, be repealed.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 -2- 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 -3- (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: ~~. (? ~~:~;. C erk GOODRICH -4- .- ,., '" <.~.i% ""'" 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 (!~L~ y (S ea 1)