Ordinance 1976-24 ORDINANCE NO. 76-24
ORDINANCE OF THE CITY OF GILROY AMENDING SECTIONS 32.2(a)
AND (b), 33.1, 33.2, 34.1, 34.2, 34.6, 42.2 AND 68 AND
REPEALING SECTION 34.3 OF THE ZONING ORDINANCE
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,
has approved a Negative Declaration, and has made its report to the
Council of the City of Gilroy, in which it recommends that sections of
the Zoning Ordinance be amended and repealed as specified herein, and
WHEREAS, the Council of the City of Gilroy has fixed the 6th day
of December, 1976, 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
amendments and the evidence presented, has approved the Negative
Declaration and has determined that the Zoning Ordinance should be ~mended
in accordance with the report of the said Planning Commission.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS
FOLLOWS:
Section 1: Section 32.2(a) and (b) of the Zoning Ordinance shall
be amended to read as follows:
32.2 (a) Caretaker's quarters within a commercial building.
(b) Any non-residential use permitted in any
R or PO district. A residential use in a
residential structure built before December
31, 1976, and home occupations in any residence
located in a C-1 district are permitted by
right.
ORDINANCE NO. 76- 24
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Section 2: Section 33.1 of the Zoning Ordinance shall be amended
to read as follows:
33.1. Uses permitted: The following uses are permitted in
a C-2 genera-~ommercial district:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(1)
(m)
(n)
(o)
(P)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(Y)
(z)
(aa)
(bb)
(cc)
(dd)
(ee)
(fl)
(gg)
Any use permitted in the C-1 district.
Ambulance service.
Automobile repair.
Automobile sales, parts and supplies.
Billiard and pool halls.
Boat sales.
Bowling alleys.
Blue printing.
Car wash.
Card rooms.
Dry cleaning establishments.
Frozen food lockers, excluding wholesale storage.
Health studios, gymnasiums.
Hotels, motels.
Hospitals or sanitariumS.
Kennels/veterinaries/animal hospitals - provided all
facilities shall be maintained inside a soundproofed
building.
Medical or dental clinics and laboratories.
Mortuaries or funeral homes.
Newspaper, printers.
On sale liquor establishments (including dance floors)
Pawn shops.
Photo engraving, photo developing and printing.
Public services, including electric distributing sub-
station and telephone exchange.
Retail, wholesale or service businesses catering directly
to the consumer.
Schools, private - including business college or trade
schools operated as a commercial enterprise.
Sign painting shops, if conducted wholly within a com-
pletely enclosed building.
Studios - radio, television, motion pictures.
Theaters.
Tire shops.
Upholstery shops.
Wedding chapels.
Uses customarily incident to any of the above uses
when located on the same lot.
Uses similar to the above as determined by the planning
commission.
Section 3:
Section 33.2 of the Zoning Ordinance shall be amended to
read as follows:
33.2. Conditional uses
(a) The following uses may also be permitted if their
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ORDINANCE NO. 76-24
location is first approved by the planning
commission by conditional use permit:
(1) Service stations.
(2) Caretaker's quarters within a commercial
building.
(3) The following uses must be conducted wholly
within an enclosed building:
(i) Feed or fuel store.
(ii) Plumbing or sheet metal shop.
Section 4: Section 34.1 of the Zoning Ordinance shall be amended
to read as follows:
34.1. Permitted uses in the H-C district: The following uses
may be permitted if th-~ ~c~o~uilding and landscaping plans
are first approved by the planning commission by development plan
approval:
(a) Ambulance service.
(b) Antique stores and gif~ shops.
(c) Automobile sales, service, parts and supplies and
rental agencies.
(d) Banks.
(e) Bowling alleys.
(f) Bus depot.
(g) Grocery, fruit, vegetables or delicatessen stores.
(h) Hotels, motels.
(i) Office buildings.
(j) Restaurants (including on sale liquors).
(k) Theaters and auditoriums within buildings.
(1) Other uses similar to the above as determined by 'the
planning commission.
Section 5: Section 34.2 of the Zoning Ordinance shall be amended
to read as follows:
34.2. Conditional uses H~ district: The following uses may
also be permitted if the-l-~-l~-~ation, plans and landscaping are
first approved by the planning commission by conditional use permit:
(a) Draying, freighting or trucking yard or terminal.
(b) Farm equipment sales and service.
(c) Gasoline service station.
(d) Meeting halls and convention facilities,
(e) Private clubs and lodges.
(f) Public buildings and grounds.
(g) Public utility and public service structures or
installations when found by the planning commission
to be necessary for the public health, safety or
welfare.
(h) Skating rinks within buildings.
(i) Sports arenas within buildings.
(j) Travel trailer and camper overnight facilities.
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ORDINANCE NO. 76-24
Section 6:
repealed.
Section 34.3 of the Zoning Ordinance is hereby
Section 7: Section 34.6 of the Zoning Ordinance shall be amended
to read as follows:
34.6. Side and rear yards:
yards shall-5~ req~ir-q~:
The following side and rear
(a) Adjacent to other C districts - None.
(b) Adjacent to R districts - 50 feet, 10 feet adjacent
to the property line abutting the R district shall
be landscaped.
(c) Adjacent to PO district - 25 feet, 5 feet adjacent
to the property line abutting the PO district shall
be landscaped.
(d) Across from R, PO or C district - 10 feet fully land-
scaped.
A minimum six (6) foot high concrete, solid masonry or decorative
block wall shall be constructed.at side and/or rear property lines
abutting any R or PO district.
Section 8: Section 42.2 of the Zoning Ordinance shall be amended
to read as follows:
42.2. Conditional uses: The following uses may be permitted
in the M-2 district if approved by the planning commission by
conditional use permit:
(a) Caretaker's residence subject to all development,
standards of Sections 22.3 - 22.8 inclusive of the
R-1 district.
(b) Restaurants.
(c) Service stations.
Section 9: Section 68.5 of the Zoning Ordinance shall be amended
to read as follows:
68.5. Sign permits: Permits shall be required for all signs
in Gilroy, except as otherwise provided. Prior to issuing a per-
mit for any sign regulated herein, the director of planning shall
determine that the various criteria set forth herein apply to a
particular sign application, and if all the provisions set forth
herein are met, he shall issue a permit within seven (7) days
following the filing date of the application for a sign permit.
Ail applications for sign permits shall be accompanied by sketches
and diagrams of suitable scale and clarity to fully describe the
design, dimensions, proposed placement, structural and electrical
characteristics and appearance of the sign or signs. Ail permanent
signs shall display a permit number in letters large enough to
be read from the ground.
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ORDINANCE NO. 76-24
Section 10: Section 68.6 of the Zoning Ordinance shall be amended
to read as follows:
68.6. Permit expiration: If the work as authorized under
the properly approved sign permit has not been completed within
six (6) months after the date of its issuance, such permit shall
become null and void. If after six (6) months from the date of
the issuance of a sign permit any portion of the sign has been
erected and the construction work thereon is not completed, the
director of planning may cause the removal of such partially
completed sign as provided in Section 68.24 of this ordinance.
Section 11: Section 68.7 of the Zoning Ordinance shall be amended
to read as follows:
68.7. Design of signs: In proposing signs, applicants shall
give explicit atten-~ion to designing and locating signs so as to
ensure harmony with the existing or proposed architecture and land-
scape design of the property upon which the sign is to be situated.
Sign permits shall not be issued where the director of planning
finds that a proposed sign, while otherwise conforms to this
ordinance, fails to contribute ~o the beautification of the city.
Ail signs denied by the director of planning shall be automatically
reviewed by the planning commission and their decision shall be
final.
Section 12: Section 68.11 (e)
amended to read as follows:
of the Zoning Ordinance shall be
68.11 (e) One offsite directional sign will be allowed
for each church. Said signs shall be approved by the director
of planning.
Section 13: Section 68.16 of the Zoning Ordinance shall be amended
to read as follows:
68.16. Special exceptions permitted: Where it is obvious
that the existence of buildings, topography, vegetation, sign
structural characteristics, or other conditions existing on the
subject or surrounding properties should materially prohibit a
proposed sign or signs, which otherwise conform with this ordinance,
from reasonably identifying a particular (or group of) enterprise(s),
the director of planning may recommend an exception only to the
height, setback, and area restrictions of this ordinance. Prior
to recommending such an exception, the subject property shall be
posted to indicate the nature and extent of the requested exception.
In recommending such exception, the director of planning shall
indicate the circumstances necessitating such exception and may
attach appropriate conditions. The director of planning shall
report said matter to the planning commission for a determination.
Section 14: Section 68.21 of the Zoning Ordinance shall be amended
to read as follows:
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ORDINANCE N0.76-24
68.21. Si~maintenance: Every sign and all parts, portions,
units and materzals comprising the same, together with the frame,
background, supports or anchorage therefor, shall be maintained in
proper repair and state of preservation. The display surface of
all signs shall be kept neatly painted and/or posted. Failure to
so maintain signs shall constitute a violation of this ordinance
and removal may be ordered by the director of planning in accord-
ance with section 68.24 of this ordinance.
Section 15: Section 68.23 (a) of the Zoning Ordinance shall be
amended to read as follows:
68.23. Removal of nonconforming signs:
(a) Signs lawfully existing up to fifteen (15) years prior
to the effective date of this ordinance which do not conform with
the provisions herein shall be altered, replaced or removed in
order to so conform within the following time periods:
(1) Any nonconforming sign the value of which is less
than one hundred dollars ($100) as determined by the director
of planning,shall be removed or Bltered to comply with the pro-
visions of this ordinance not later than one (1) year from the
effective date of this ordinance or within thirty (30) days from
official notice, if that be greater.
(2) Any nonconforming sign the value of which is more
than one hundred dollars ($100).but less than four hundred dollars
($400) as determined by the director of planning, shall be removed
or altered to comply with the provisions of this ordinance not
later than two (2) years from the effective date of this ordinance
or within thirty (30) days from official notice, if that be greater.
(3) Any nonconforming sign the value of which is more than
four hundred dollars ($400) but less than one thousand dollars
($1,000) as determined by the director of planning, shall be re-
moved or altered to comply with the provisions of this ordinance
not later than three (3) years from the effective date of this
ordinance or within thirty (30) days from official notice, if that
be greater.
(4) Any nonconforming Sign the value of which is more than
one thousand dollars ($1,000) but less than two thousand dollars
($2,000) as determined by the director of planning, shall be re-
moved or altered to comply with the provisions of this ordinance
not later than five (5) years from the effective date of this
ordinance or within thirty (30) days from official notice, if that
be greater.
(5) Any nonconforming sign the value of which is more than
two thousand dollars ($2,000) as determined by the director of
planning, shall be removed or altered to comply with the provisions
of this ordinance not later than seven~(7) years from the effective
date of this ordinance or within thirty (30) days from official
notice, if that be greater.
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ORDINANCE NO. 76-24
(6) In determining the value of any nonconforming sign
above one hundred dollars ($100) the director of planning shall
obtain a written estimate of value from a licensed sign contractor.
This shall set the valuation of the sign. Should the owner of
the sign disagree with this estimate of value, he shall also obtain
a written estimate of value from a licensed sign contractor. This
shall be submitted to the director of planning along with a state-
ment on the original cost of the sign~ If the city and sign owner
cannot agree on value, the planning commission shall determine the
value of the sign. Their determination shall be final.
Section 16: Section 68.24 of the Zoning Ordinance shall be amended
to read as follows:
68.24. Removal of unsafe, unlawful __and unnecessary, y signs..
Should any s'~gn regul-~ted herein become unsafe, znsecure, a menace
to the public, or should it be constructed or erected or maintained
in violation of this section, or should the sign no longer identify
or advertise a bona fide business establishment, the director of
planning may declare the same to not be in conformance with this
section, and may direct the remaval, repair, or reconstruction of
such sign in writing. If action is not begun within fifteen (15)
days after receipt of such notice, the director of planning shall
set a public hearing before the city council wherein the aggrieved
party may show cause before said council why the work should not
be done. Should the city council order the work to be done, the
owner shall have ten (10) days to accomplish said work. Upon failure
thereafter of the owner, agent or person to comply with said order,
the director of planning shall have the right, and it shall be his
duty, to enforce said order to cause the violation to be abated and
to cause the violator to be assessed the costs for such abatement
through an additional public hearing before the city council.
Section 17: All ordinances and parts of ordinances in conflict
herewith are hereby repealed.
Section 18: This ordinance shall take effect and be in full force
thirty (30) days from and after its passage and approval.
PASSED AND ADOPTED this 20th day of December, 1976, by the following
vote:
AYES:
COUNCILMEMBERS: DUFFIN, LINK, PATE, STOUT and
GOODRICH
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: CHILDERS and DeBELL~
' Clt~ Cler~
AP~VED:
Mayor
ORDINANCE NO. 76-24
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby
certify that the attached Ordinance No. 76-24 is an original ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of
sald Council held on the 20th day of December , 19 76 , at which
meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
officiO! seal of the City of Gilroy, this 23rd day of December
.l'~it~ Clerk of the City of Gilroy ~_~J~
(Seal)
.... , 19 76,,,