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Ordinance 1986-06 ORDINANCE NO. 86-6 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTIONS 2.20, 5.5, 11.30, 18.30, 22.30, 25.33, 31.62, 31.64, 34.30, 37.55, 37.56 and 40.40 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 Categorical Exemption under California Environmental Quality Act, and has made its report to the Council of the City of Gilroy, in which it recommends that various sections of the Zoning Ordinance be amended as specified herein, and WHEREAS, the Council of the City of Gilroy fixed the 3rd day of March 1986, 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 Categorical 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. ORDINANCE NO. 86-6 -1- NOW, THEREFORE, THE COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: Section 1: Section 2.20 of the Zoning Ordinance is hereby amended as follows: Section 2.20 Dish Antenna Definitions An antenna which has a solid, mesh, or nearly-solid surface area greater than five (5) square feet. Lot Area The computed area contained within the lot lines of a parcel as recorded under a record of Survey Map, approved as provided in the Subdivision Map Act, except that the access strip of a flag lot shall be excluded in the computation of required lot area. Front Lot Line The property line along a lot's street frontage. If any official plan line has been established for the street upon which the lot fronts, the official plan line shall be considered the front lot line. For developed lots with more than one street frontage, the street frontage towards which the main building fronts shall be considered the front lot line, except if the main building was clearly constructed under reverse conditions. If the lot is vacant, the shortest street frontage shall be considered the front lot line. Section 2: Section 5.5 of the Zoning Ordinance is hereby amended as follows: Section 5.5 Site DesiEn Requirements Section 5.51 Single family dwelling units shall have at leas. t three (3) of the ~oltowing-five· (5) design~elem~ntS~f~e~en~ .~ ~ from single ~amzly dwellzng unzts on any acoacenn ion on the same street frontage: (a) Floor plan. (b) Front elevation. (c) Roof design. (d) Exterior materials. (e) Reversed floor plan. ORDINANCE NO. 86-6 -2- Section 3: Section 11.30 of the Zoning Ordinance is hereby amended as follows: Section 11.30 Residential Site and Building Requirement Table (footnote #4) 4- For dwellings located within new subdivision (after the effective date of this Ordinance), containing five (5) or more lots, the total width of the two side yards for any one lot in an RI or R2 district must equal twelve (12) feet. For structures in existence on the effective date of this Ordinance, a six-foot yard setback shall be maintained, unless a smaller side yard has been allowed by a variance, planned unit development, or pre-existing non-conforming use. Section 4: Section 18.30 of the Zoning Ordinance is hereby amended as follows: Section 18.30 Commercial Use Table Commercial Use Kennels Veterinarian Office PO C1 C2 C3 HC CM C C X X Section 5: Section 22.30 of the Zoning Ordinance is hereby amended as follows: Section 22.30 Industrial Use Table Industrial Uses Hazardous Waste Transport, Recycling, Processing, or Storage Facility 1,2' -- M1 M2 C C= Permitted only with Conditional Use Permit granted by the Planning Commission 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 hotel, motels, ambulance services, mini-storage, or hazardous waste processing or storage facilities. 2- Not permitted within one thousand (1,000) feet of the exterior limits of any school property or City of Gilroy water well. ORDINANCE NO. 86-6 Section 6: Section 25.33 of the Zoning Ordinance is hereby amended as follows: Section 25.33 Maximum Building Height (Public Facilities District~ The maximum building height shall be thirty (30) feet. The maximum height for communications facilities shall be fifty (50) feet. With an approved Conditional Use Permit, granted by the Planning Commission, communication facilities or other buildings may be permitted to a maximum height not to exceed seventy-five (75) feet. Section 7: Section 31.62 of the Zoning Ordinance is hereby amended as follows: Section 31.62 (Off-Street Parking Design Criteria) Ail parking stalls abutting sidewalks, planters, buildings and landscaped areas shall be provided with a permanent curb, bumper, wheel stop or similar device. The stopping edge of such protective wheel stops shall be placed two (2) feet from the edge of the sidewalks, planters or landscaped areas and from any buildings. Such protective wheel stops may not be required, as determined by the Planning Director, where the sidewalks or landscaped areas are specifically designed for automobile overhang and have thirty (30) inches additional depth than that which is otherwise required. Automobile overhang shall not be permitted to encroach within the front or street side yard planter area as required under Section 38.22. Section 8: Section 31.64 of the Zoning Ordinance is hereby amended as follows: Section 31.64 (Off-Street Parking Design Criteria) Required off-street parking for any residential use may not be located in the required front yard setback area or required side yard setback area adjacent to a street as established by this Ordinance. Off-street Off-street parking for any commercial or industrial use shall not occupy the front one-half (1/2) of any setback adjacent to a public street. ORDINANCE NO. 86-6 -4- Section 9: Section 34.30 of the Zoning Ordinance is hereby amended as follows: Section 34.30 Location and Height (for fences) In commercial or industrial districts, fences or walls within the buildable areas as allowed for a main building, are permitted up to twelve (12) feet in height, except when abutting any residential zone. Such fencing over six (6) feet in height shall be designed as an integral part of the main building on the site, and shall be approved through the Architectural and Site Review process under Section 50.40 of this Ordinance. Section 10: Section 37.55 of the Zoning Ordinance is hereby amended as follows: Section 37.55 Service Station Signs The following regulations shall appl~ to all service stations signs regardless of the zQnzng district in which the service station is located: (a) The maximum allowable sign area for all signs shall be one hundred (100) square feet. (b) Ail freestanding signs shall meet the require- ments as listed in Section 37.50 for the zone in which it is located, except that one (1) ground sign per station frontage for price display is permitted up to fifteen (15) square feet in area. Such ground signs shall not exceed five (5) feet in height and shall be located so as not to obstruct free and clear vision of traffic or traffic signs and devices. A freestanding sign may incorporate a price sign only where the height of such sign does not exceed five (5) feet. Price signs that comply with these regulations will be permitted in addition to the maximum allowable sign area. Price signs that do not comply shall be included as part of the total allowable sign area for the service station. (c) Signs advertising items such as batteries, tires and other accessories or products shall be counted as part of the total sign area allowed. (d) A maximum of two (2) square feet of signs and information mounted directly to the top of gasoline pumps will be permitted in addition to the total allowable sign area. ORDINANCE NO. 86-6 -5- (e) Gasoline grade and pricing information which is mounted on, and is an integral part of, a gasoline pump will be permitted in addition to the allowable sign area. Section 11: Section 37.56 of the Zoning Ordinance is hereby amended as follows: Section 37.56 Commercial and Industrial Real Estate Signs Real estate signs located in commercial or industrial districts shall be non-illuminated, shall be set back at least ten (10) feet from the property line adjacent to a public street, and shall be removed immediately upon sale or lease of the land or building advertised by the sign, or after one (1) year, whichever occurs first, unless granted an extension by the Planning Director. Such signs shall meet the following criteria: Section 12: (a) On lots of one (1) acre or less, the maximum number of signs shall be one (1), the maximum sign area shall be eight (8) square feet, and the maximum height shall be six (6) feet. (b) On lots or a tract of lots over one (1) acre, the maximum number of signs shall be one (1), the maximum sign area shall be thirty-two (32) square feet, and the maximum hegght shall be six (6) feet. (C) On lots or a tract of lots totaling over twenty (120) acres, only one (1) sign shall be permitted per street frontage with a maximum of two (2) such signs allowed, the maximum sign area shall be seventy-five (75) square feet per sign, and the maximum height shall be ten (10) feet. Section 40.40 of the Zoning Ordinance is hereby amended as follows: Section 40.40 Uses Not Permitted as Home Occupations (f) Palmistry, fortune tellers, astrology readers, mystics, and all other prophecy for a fee related businesses. Section 13: Ail ordinances and parts of ordinances in conflict herewith are hereby repealed. ORDINANCE NO. 86-6 ¸6- Section 14: This ordinance shall take effect and be in full force thirty (30) days from and after its passage and approval. PASSED AND ADOPTED this 17thday of March 1986 by the following vote: AYES: COUNCILMEMBERS: NOES: ALBERT, GAGE, KLOECKER, MUSSALLEM. PALMERLEE VALDEZ and HUGHAN ' ABSENT: COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE APPROVED: _~ Mayor ATTEST: ' ~ City ~lerk ~ ORDINANCE NO. 86-6 -7- I, SUSANNE E0 STEIN~TZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance NOo 86-6 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the'17th day of March , 19 86 , 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 28th ~. day of -~ April ~86 , 19 .