Ordinance 1984-04ORDINANCE NO. 84-4
AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION
50.60 OF THE ZONING ORDINANCE PERTAINING TO RESIDENTIAL
DEVELOPMENT APPROVALS AND OTHER SECTIONS TO CLARIFY
INTENT.
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 Notice of Exemption under
California Environmental Quality Act, and has made its report to
the Council of the City of Gilroy, in which it recommends that
section 50.60 and other sections of the Zoning Ordinance be
amended as specified herein, and
WHEREAS, the Council of the City of Gilroy fixed the 6th day
of February, 1984, at the hour of 8:00 p.m. in the Council Chambers
in the City Hall at 7351 Rosanna Street, Gilroy, California, as
the time and place for hearing the said report and recommendation
on the proposed amendments, 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 Notice of Exemption under the
California Environmental Quality Act and has determined that the
following sections of the Zoning Ordinance should be amended in
accordance with the report of the said Planning Commission.
NOW, THEREFOP~E, THE COUNCIL OF THE CITY OF GILROY DOES ORDAIN
AS FOLLOWS:
Section 1: Section 7.50 of the z~ning Ordinance is hereby
amended as follows:
ORDINANCE NO. 84-4 -1-
Section 7.50 Site Design Requirements (R3)
(a)
If two (2) or more structures are constructed with
less than six (6) feet clearance between them, they
shall be considered as one structure for the purpose
of this and other ordinances of the City of Gilroy.
Eighty (80%) of the ground floor dwelling units in a
dwelling group shall have a fenced private yard area
of at least one hundred fifty (150) square feet.
Section 2: Section 8.50 of the Zoning Ordinance is hereby
amended as follows:
Section 8.50 Site Design Requirements (R4)
(a)
If two (2) or more structures are constructed with
less than six (6) feet clearance between them, they
shall be considered as one structure for the purpose
of this and other ordinances of the City of Gilroy.
Section 3: Section 18.30 of the Zoning Ordinance is hereby
amended as follows:
Section 18.30 Commercial Use Table
Commercial Uses PO C1 C2 C3 HC CM
Caretaker's Quarters2 C C X C C C
2-If a caretaker's residence is in a trailer or a mobile
home, a conditional use permit is required and is valid
for only one year, with a maximum one-year extension.
One unit for caretaker's quarters is an unconditionally
permitted use when in conjunction with motels, ambulance
services or mini-storage facilities.
Section 4: Section 22.30 of the Zoning Ordinance is hereby
amended as follows:
Section 22.30 Industrial Use Table
Industrial Uses
MI M2
Assembly Plant - Electronics C X
Assembly Plant - Light (Scientific/Medical) X X
Assembly Plant - Heavy (Vehicles/Vessels/
Equipment) X
Manufacturing Plant - Electronic Components,
Plastics, Ceramics C C
Manufacturing Plant - Heavy (Vehicles, Equip-
ment, etc.~ X
Manufacturing Plant - Light (Scientific/Medical) X X
T= Temporary Use - See Section 47
1-If a caretaker's residence is in a trailer or a mobile.
home, a conditional use permit is required and is valid
for only one year, with a maximum one-year extension.
One unit for caretaker's quarters is an unconditionally
permitted use when in conjunction with hotels, motels,
ambulance services or mini-storage facilities.
ORDINANCE NO. 84-4 -2-
Section 5: Section 27.41 of the Zoning Ordinance is hereby
amended as follows:
Section 27.41 (Historic Neighborhood Design Review
"' Procedures)
In an Historic Neighborhood District, the design of the
following proposed structures or remodellings shall be
reviewed according to the provisions of Section 50.40.
(d) remodelling of 50% or more of the facade of any
structure.
Section 6: Section 31.25 of the Zoning Ordinance is hereby
amended as follows:
Section 31.25 Retail and Commercial Uses - Off-Street
Parking Requirements
Type of Retail/Commercial Use
Uncovered general retail sales,
repair and services
Off-Street Parking Requi~ementp
One (1) stall per two hundred
fifty (250) square feet of
gross sales area
Section 7: Section 31.33 of the Zoning Ordinance is hereby
amended as follows:
Section 31.33 (General Off-Street Parking Requirements)
Where there is a combination of uses for any one facility
on a parcel, the total required off-street parking shall
be the sum of the requirements for the various uses
calculated separately. The parking provided for one use
may not be used to satisfy the parking requirements for
another use on the same site, unless all of the following
conditions are met:
(a) Structures on the site clearly can be used only
during limited time periods.
(b) The uses occur during completely different
periods of time.
(c) The Zoning Administrator determines there will
be no conflicts or safety hazards between the
proposed uses.
(d) A Conditional Use Permit is obtained.
Section 8: Section 34.30 of the Zoning Ordinance is hereby
amended as follows:
Section 34.30 Location an4. Height (Fences)
Except in the following situations, fences and hedges are
permitted up to six (6) feet in height, measured from the
finished grade on the higher side of the fence:
ORDINANCE NO. 84-4 -3-
Fences, hedges or other visual obstructions shall
not be over three (3) feet high above the curb on a
corner lot within a triangle formed by the curb lines
and a line connecting those lines from points thereon
which lie forty (40) feet from the intersection of the
curb lines.
Where a fence or sound wall is required to meet sound
attenuation standards as required by California
Administrative Code Title 24 in addition to the
standards of this section, such standards shall super-
cede the standards of this section.
Section 9: Section 36.20 of the Zoning Ordinance is hereby
amended as follows:
Section 36.20 Swimming Pool Locations
No swimming pools shall be constructed in any required
front yard or side yard setback on the street side of a
corner lot as required by the provisions of this Ordinance.
The distance from the inner surface of the pool wall to
any property line, shall not be less than five (5) feet.
The distance from the inner surface of the pool wall to
the bearing wall of a dwelling, main building, garage or
other accessory building shall be not less than five (5)
feet, except for indoor pools, designed by a registered
structural engineer and approved by the City Engineer.
Section 10: Section 37.31 of the Zoning Ordinance is hereby
amended as follows:
Section 37.31 Prohibited Signs
Except as otherwise provided in this Ordinance the
following signs shall be prohibited throughout the
City of Gilroy:
(bb) Signs placed on any portion of a street, sidewalk,
or public right-of-way, excluding non-hazardous political
signs or signs on newspaper vending machines, both of
which may be permitted.
Section 11: Section 37.50 of the Zoning Ordinance is hereby
amended as follows:
Section 37.50 Signs in Commercial and Industrial Districts
Section 37.50
Column 1
Maximum total sign area
permitted' (in square feet)
for each lineal foot of
building frontage
Column 2
Maximum total sigr
area permitted
(in square feet)
regardless of
building frontage
(except as pro-
vided in subsec.f
ORDINANCE NO. 84-4 -4-
PO Professional Office
District
N/A 10
Cl Neighborhood
Commercial District
1 1/2 75
C2 Central Commercial
District
All other Commercial
Districts (C3, HC, CM)
2 75
1 1/2 150
(f)
Each business, in any commercial or industrial zoning
district other than the PO Professional Office District,
regardless of building frontage, shall be allowed a
minimum of twenty (20) square feet of total sign area.
To allow for such sign area for a new business on a parcel
containing a pre~existing business, the maximum total sign
area may exceed the maximum limit in column 2, subsection (b),
but shall not exceed the maximum limit in column 1, subsection
<b>.
Section 12: The title of Section 47.40 of the Zoning Ordinance
is hereby amended as follows:
Section 47.40 Outdoor Sales on Public Property
Section 13: Section 47~50 of the Zoning Ordinance is hereby
amended as follows:
Section 47.50 Other Temporary Uses
Any of the following uses may be permitted, subject to
a specific time limit not to exceed thirty (30) days:
<d)
Other temporary outdoor sales that meet all other
conditions of this Ordinance, and where the Zoning
Administrator determines that no safety hazards
will result from the proposed use.
Section 14: Paragraphs (d) and (e) of Section 50.41 of the
Zoning Ordinance are hereby amended as follows:
Section 50.41 Review
(d)
Remodelling or construction in an Historic
Neighborhood (HN) combining district, as defined
in Section 27.41.
<e>
Remodelling or construcfion in an Historic Site (HS)
combining district, as defined in Section 27.42.
ORDINANCE NO. 84-4 -5-
Section 15: Section 50.66 (f) of the Zoning Ordinance is
hereby amended as follows:
Section 50.66 (f)
(RDO Competitive Evaluation and
Ranking Procedures)
Build-out schedules shall not be assigned for more than
three (3) years, nor shall any individual project be
assigned more than twenty-five Percent (25%) of the
Numerical Limit for each year of the build-out schedule.
Any building permits not issued in the assigned calendar
year will be automatically extended for one (1) year.
If, after the automatic one-year extension, four or fewer
building permits have been issued, all remaining build-
out assignments for that project shall simultaneously
expire. A build-out schedule must expire before a new
application for the annual competition can be accepted
for those same specific dwelling units.
Section 16: Ail ordinances and parts of ordinances in con-
flict herewith are hereby repealed.
Section 17: This ordinance shall take effect and be in full
force thirty (30) days from and after its passage and approval.
PASSED AND ADOPTED this 21st day of February, 1984, by the
following vote:
AYES:
COUNCILMEMBERS:
ALBERT, KLOECKER, MUSSALLEM,
VALDEZ, PATE and HUGHAN
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNC II24EMBERS: GAGE
APPROVED:
ATTEy: . , /
ORDINANCE NO. 84-4 -6-
I, SUSANNE E. STEINMETZ, City Clerk of the City of
Gilroy, do hereby certify that the attached Ordinance No. 84-4
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
day of February , 19 84
present.
, at which meeting a quorum was
affixed the Official Seal of the City of Gilroy, this
of February , 19 84
~2ity Clerk of the City of ~i£roy zqu ~;
IN WITNESS WHEREOF, I have hereunto set my hand and
27th day
(Seal)