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Ordinance 1980-12 ORDINAN~;E NO. 80-12 AN ORDII~ttNCE OF ~ CITY OF GILROY ENACTING SECTION 50 OF THE ZONING ORDINANCE PERTAINING TO AN P~I (HILLSIDE) DISTRICT. WHEREAS, the Planning Commission of the City of Gilroy has given due notice of a publi~ hearing upon the proposed amend- ment in accordance with the Zon:ng Ordinance of the City of Gilroy, has held the hearing, has approved a NegativeDeclaration under California Environmental Quality Act, and has made its report to the Council of the City of Gilroy, in which it recommends that the Zoning Ordinance be amended by enacting section 50 as speci- fied herei% and WHEREAS, the Council of the City of Gilroy fixed the 4th day of February, 1980, at the hour of 8:00 pom., in the Council Chambers in the City Hall at 7390 Rosanna Street, Gilroy, California, as the time and place for hearimg .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 and at continued hearings, before the Council, and the Coumctl having duly considered the pro- posed amendment and the evidence presented, has approved the Nega- tive Declaration under the California Environmental Quality Act and has determined that the Zoning Ordinance should be amended by enacting section 50 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 50 ofithe Zoning Ordinance is hereby enacted to read as follows: ORDINANCE NO. 80-12 -1- ~ 50. HILLSIDE ing regulations, except t fled by a combining dzstr that are specifically des district, and shall be s~ )ISTRICT, RH DISTRICT. The follow- ) ithe extent that they may be modi- [clt, shall apply to those districts [g~ated as being in a hillside )jlect to all of the general pro- visions of this ordinance In addition, all provisions set down under Section 55, planned unit development approval, shall also be applied to all parcels specifically designated as being within a hillside (RH) district. ~0,1 Purpose. The purpose of this district is: (a) To protect the public health, safety, and welfare in regard to hillsides and hillside development; (b) To P~r°tect the aesthetic views and vistas of surroUnding hillsides, hilltops and ridgelines; (c) To protect the natural settings and terrain of Gilr0y's hills and valleys; and (d) To coordinate with regional and county plans, and implement all city policies, guidelines, and plans pertainzng to hillside development. 50.2 Intent. it is the intent of this section to provide a SpeciaI""zohing district which is sensitive to the special considerations of!those areas within the City of Gilroy which are generally at greater than 10% average slope. Average slope shall be determined by the formula: S = i'00229 I_~ A where: S = Average percentage slope I = Contour interval in feet L = Summation oF individual contour lengths in Scale feet A = Gross area Of property in acres Uses Permitted. (a) Single family, low density homes. (b) Clustered townhouses, condominiums, apartments, or single family dwellings. (c) AgriCultural uses. (d) Recreational open space uses. ORDINANCE NO. 80-12 -2- 50.4 Lot requi (a) Dens acres per dwell by the average a -- (~i - ment on a given formula A(ac a (acre rem~nts. .~y requirements. The number of .ng unit (a) shall be determined ~lope (s) based on the formula 3 . , with a maximum of 2 acres/unzt ~ . ' ~elling unzts allowed for develop- parcel would be calculated by the ~es) The number of allowable s/unit) ' units may be increased according to the bonus che~ule belgw,_~n accord with the planned unit evezopment (PUD) approval, by a number not to exceed 30% of the number of allowable units deter- mined by the densityformula. BONUS SCHEDULE CLUSTER DEVELOPMENT - (A grouping or groupings of dwelling units Which are located in reasonable proximity builtlon the most logical sites with the large proportion of the remaining area generally left in an unbroken expanse in appearance, whether the open area is in a single parcel or several parcels)- 15% max. JOINT PROPOSALS - (A combined development proposal by the owners of three or more adjacent p~operties of 10 or more a~res consolidated into a szngle plan of 50 or more acres) - 10% max. TRANSFER OF DEVELOPMENT RIGHTS - (Transfer of the rights to develop RI{ districts having steeper slopes to other property owner(s) having land with flatter, buildable slopes) - 10% max. USE OF BUILDABLE SLOPES - (Planned development of dwellings on stable slopes under 15% and retention of steeper slopes for open space) - 10% max. - (applied proportionately) (b) Slo__~requirements. No construction of any buildings-~ll occur o~ any portion of any par- cel where the average slope of that portion covered by the structure exceeds 30% slope. For slopes over 15%, a special foundation design, based on soils tests, shall be required in order to preserve the integrity of the hillside slope. (c) Oth_~requirements. All other lot re- quirements sha~ilbe as s~ecified in the planned unit development (PUD) approval which shall be obtained according to the provisions of Section 55 of this ordinance. 50.6 Yard requirements. Ail yard requirements shall be o~-~-{ne~cording to t~e provisions of Section 55 of this ordinance. ORDINANCE NO 8 0-12 50.6 Building No structure s-haIT-5~con such a way that it shall when vieWed from the vall structure built so that tt feet in height of the hill .'t~ibilitM'- _ . .and__ Height re. quirements. . 'tructed in any hillside zone in ,eistlhouetted against the skyline ~yifloor below the hillside. Any Le peak of the roof is within 20 .side ridgeline shall be limited to 15 feet in height, or one story. If the structure is screened by existing trees and vegetation, it shall be limited to 30 feet in height, or two stories, No existing trees or vege- tation may be removed except according to the provisions of Section 55, Ail other building height requirements shall be as specified in the planned unit development approval which shall be obtained according to the provisions of Section 55 of this ordinance. 50.7 ~ reqUirementso Ail landscaping shall be a~' speci~i~din ghe Planned'~unit development approv- al which shall b~ obtg~ned according to the provisions ~f Section 55 of this ordinance. 50.8 Additional requirements. Any additional requirement-~--fncl~ding, but not limite~ to, parking, signing, and fence requirements, shall be as specified in the planned unit development approvaliwhich shall be obtained according to the provisions of Section 55 of this ordinance.. 50.9 Development Policies and Guidelines. The Planning C~ssion shal'l~e~omme~d an--d--th~' City Council shall adopt a set of developmen~ policies and guidelines for hill- side (RH) districts which!shall be utilized in the planned unit development approval!process for ~I districts. Section 2: Ail 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 and iafter its passage and approval. PASSED AND ADOPTED this 2~st day of April, 1980, by the follow- ing vote: AYES: NOES: ABSENT: COUNCILMEMBERS COUNCILMEMBERS COUNCILMEMBERS CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NONE ALBERT - z CitY Cle~ ORDINANCE NO. 80-12 -4- I, SUSANNE E. STEINMETZ, City Clerk of the City of Giiroy, do hereby certify that the attached Ordinanc~ No.80-12 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the__21st da~ of April , 19 80· ,4,, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the (Seal) ., 19 80,..