Ordinance 1976-25ORDINANCE NO. 76-25
ORDINANCE OF THE CITY OF GILROY ENACTING SECTION 35 OF
THE ZONING ORDINANCE PERTAINING TO CM (COMMERCIAL INDUSTRIAL)
DISTRICTS
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the Zoning Ordinance be amended and repealed as specified herein, and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 amended
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: The Zoning Ordinance of the City of Gilroy is hereby
amended by adopting the following Section 35:
SEC. 35. COMMERCIAL/INDUSTRIAL DISTRICT, C-M DISTRICT
It is the purpose of the Commercial/Industrial (C-M) district
to provide areas for the establishment of light industrial uses
which demonstrate by the quality of their development and operations
that they can locate in close proximity to residential and
commercial districts and uses with a minimum of environmental
conflict. Properties in this district are directly accessible
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ORDINANCE NO. 76-25
from major streets or highways. The developmental and
operational standards are intended to provide compatibility
with and protection to surrounding properties by minimizing
traffic congestion, noise, glare, vibrations, emissions of
odorous, toxic or noxious matter, and to provide adequate
off-street parking, landscaping buffering and proper placement
of buildings.
35.1. Criteria. The following general criteria are here-
by established fo~ use in the classification or reclassification
of land to the C-M district.
(a) General Plan.
be established.
Compliance with the General Plan shall
(b) Size. Land to be classified or reclassified to the
C-M district shall generally be of sufficient size to accommodate
the proposed use.
(c) Location. Commercial/Industrial districts should have
primary access to a major street or highway as specified on the
General Plan. Land so utilized should be topographically suited
to such use without major earth movement, resulting in unsafe or
unsightly cut or fill slopes.
(d) Utilities. The existing utilities systems (principally
water, sewer, drainage, electrical, gas and communication facilities)
are adequate or new systems will be constructed which will be
adequate to serve the proposed development. Ail new utilities
shall be underground.
35.2. Permitted Uses. In the C-M district, no building or
land shall b'e used an~--~building shall be hereafter erected or
structurally altered unless otherwise provided herein. Ail manu-
facturing uses shall be conducted within a completely encldsed
building and shall be subject to development standards set forth
in Section 35.4 e__t. s.e~. The following uses are permitted:
(a)
(1)
(2)
permitted).
(3)
Any use permitted in the C districts except:
Hotels, motels and auto courts.
Hospitals (industrial emergency hospitals are
Institutions or homes for the treatment of convales-
cent persons, children, aged persons, alcoholics, the wounded or
mentally infirm.
(4) Private clubs, fraternities, sororities and lodges,
excepting those the chief activity of which is a service customarily
carried on as a business.
(5) Institutions of a philanthropic or eleemosynary
nature, including correctional and mental.
(b) Assembly of small electrical appliances or components;
(c) Auction houses or stores;
(d) Boat building (limited to those crafts which may be
transported over a state highway without permit);
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ORDINANCE NO. 76-25
(e) Building material storage yards;
(f) Cabinet shops;
(g) Carpet Cleaning plants;
(h) Ceramic products, manufacture of, including figurines,
using only previously pulverized clay and kilns fired only by
electricity or low pressure gas;
(i) Cleaning and dyeing plants;
(j) Glass studios, staining, edging, beveling and silvering
in connection with sale of mirrors and glass for decorating purposes;
(k) Laboratories, experimental, motion picture, testing;
(1) Laundries;
(m) Lumber yards (no planing mills and burners);
(n) Musical instruments, manufacture of;
(o) Plumbing shops and plumbing shop supply yards;
(p) Public scales;
(q) Parcel service delivery;
(r) Wholesale businesses, storage buildings and warehouses;
(s) Body and fender works, including painting;
(t) Feed and fuel yards;
(u) Machine shops;
(v) Sheet metal shops;
(w) Tire rebuilding, recapping and retreading;
(x) Veterinarians, kennels and small animal hospitals;
(y) Other similar uses as approved by the planning commission.
35.3. Conditional USes. The following uses may be permitted
in the C-M district if approved by the planning commission by
conditional use permit:
(a) Caretaker's residence, subject to all development standards
of Section 22.3 - 22.8 inclusive of the R-2 district.
(b) Service stations.
35.4. Limitations on Permitted Uses. Every use permitted
shall be subject to the i~l'%owing con~i-~fons and limitations:'
(a) When a commercial/industrial area fronts, sides or rears
on an "R" or "PO" district, a building line setback of ten percent
of the average depth of the lots in each block of such commercial/
industrial area,shall be maintained, provided such setback shall
not be less than ten (10) feet, nor exceed twenty-five (25) feet
in depth. A minimum ten (10) feet wide landscaped area shall be
maintained along all frontage of the setback area. In addition
thereto, the following uses may be permitted in such setback area:
(1) Landscaping,
(2) Motor vehicle parking (only if surfaced in such manner
as to eliminate dust or mud),
(3) Employees recreational area without structures,
(4) Driveways (only if surfaced in such manner as to
eliminate dust and mud),
(5) An ornamental open type fence not over eight feet
in height, made of material such as woven wire, wood, welded
wire, chain link or wrought iron;
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ORDINANCE NO. 76-25
(b) All manufacturing uses shall be conducted wholly within
a completely enclosed building, and all storage uses shall be
within an area enclosed on all sides with a solid wall or uniformly
painted fence not less than six (6) feet in height, except such
uses as drive-in restaurants, gasoline stations, electrical trans-
former substations and horticultural nurseries and similar enter-
prises customarily conducted in the opmn.
(c) Ail operations conducted on the premises shall not be
objectionable by reason of noise, odor, dust, mud, smoke, vibration
or other similar causes.
35.5. Building Height. Buildings in the C-M district shall
not exceed a height of thirty-five (35) feet.
35.6. Front Yard. When abutting other C or M districts, no
front yard sh'~i~-b~ provided except as required by Section 35.3 (a).
35.7. Side Yards. When abutting other C or M districts no
side yards sh-~f~f B-~ provided except as in required in Section 35.3 (a).
35.8. Placement of B~~. On any lot, when the rear lot
line abuts property in ~n~ '"R" district and no alley intervenes, no
building shall be erected closer th~n ten feet to the rear lot line;
provided further, if such lot abuts upon an alley, no building
shall be erected closer than five feet to the rear lot line of such
lot.
35.9. Off-Street Parking. Off-street parking shall be pro-
vided as reqdired in Section 53. No parking shall be permitted i~
any required landscaped front or side street side yard setback area.
Common parking areas may be provided to serve more than one building.
Parking areas abutting private driveways shall be separated there-
from by a five (5) foot wide planter area.
35.10. Landscaping Requirements.
(a) A minimum of six (6) percent of the total net area (n~t
area shall be computed by excluding streets) of the development
shall be landscaped.
(b) Ail open areas, with the exception of vehicular access-
ways and parking areas, pedestriah walkways and recreational
facilities shall be landscaped. A minimum of sixty (60) percent
of the above required landscaping shall be provided within required
front and side street side yard setback areas, adjacent to resi-
dential areas. Ail landscaped areas shall have a permanent sprinkler
system providing 100 percent coverage and landscaping plans shall
be subject to approval of the director of planning.
35.11. Performance Standards. Performance standards and re-
quirements of 'Section 4~ of the Zoning Ordinance shall apply.
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ORDINANCE NO. 76-25
35.12. Signs. The sign regulations of Section 68 shall apply.
Section 2: Ail ordinances and parts of ordinances in conflict here-
with 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 20th day of December, 1976, by the folowing
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: DUFFIN, LINK, PATE, STOUT and
GOODRICH
COUNCILMEMBERS: NONE
COUNCILMEMBERS: CHILDERS and DeBELL
ATTE ST:
/ J City Cle~
APPROVED:
Mayor
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ORDINANCE NO. 76-25
I, SUSANNE E. STEINMETZ, City Clerk of the City of Giiroy, do hereby
certify that the attached Ordinance No. 76-2§ is an original ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of
said Council held on the 20th day of December , 19 7.6 , 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 23rd day of
CTty Clerk of th'e City of Gilroy~
(Seal)
December .... , 19 76 .