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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to the Council of the City of Gilroy, in which it recommends that sections of the Zoning Ordinance be amended and repealed as specified herein, and WHEREAS, the Council of the City of Gilroy has fixed the 6th day of December, 1976, at the hour of 8:00 p.m. in the Council Chambers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 -1- 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); -2- 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; -3- 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. -4- 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 -5- 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 .