Ordinance 1990-16 ORDINANCE NO. 90-16
AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTIONS
2.20, 3.50, 9.32, 9.41, 10.30, 11.30, 18.30, 22.30,
27.52, 34.31, 34.32, 35.22, 36.40, 37.31, 37.32, 37.50,
37.52, 39.30, 41.20, 46.10, 47.40, 48.22, AND 50.41 OF
THE ZONING ORDINANCE
WHEREAS, the Planning Commision 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 18th
day of 3une, 1990, at the hour of 8 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 duly considered the proposed amendments and the
evidence presented, has approved the Categorical Exemption under
the California Environmental Quality Act and has been determined
that the sections of the Zoning Ordinance enumerated in the title
above should be amended in accordance with the report of the said
Planning Commission.
ORDINANCE NO. 90-16
1
NOW, THEREFORE, THE COUNCIL OF THE CITY OF GILROY DOES
ORDAIN AS FOLLOWS:
Section 1: The enumerated sections of the Zoning Ordinance
are hereby amended as set forth in the eight page exhibit
attached hereto and incorporated herein.
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conflict herewith are hereby repealed.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 after its passage and approval.
PASSED AND APPROVED this 2nd day of July, 1990, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
- i ' City Clerk ~
HALE, KLOECKER, MUSSALLEM,
VALDEZ and HUGHAN
NELSON
GAGE
ORDINANCE NO. 90-16
ORDINANCE CHANGE ~1:
Section 3.50 Determination of Zone Boundaries
Where uncertainty exists as to the boundaries of any of the zoning
districts as shown on the Zoning Map, the following rules of
interpretation shall apply:
(b) Residential lands hereafter annexed to the City shall be designated A1
(Agriculture) districts and all other lands shall be designated OS
(Open Space) districts, unless otherwise classified through prezoning
at the time of annexation.
ORDINANCE CHANGE #2:
SECTION 9 RH RESIDENTIAL HILLSIDE DISTRICT
Section 9.32 Building Visibility and Height Requirements
[note: the following proposed language will be inserted just before the
last sentence in the first paragraph under this section]
Split-level dwellings, having two (2) or three (3) stories, shall be
limited to thirty (30) feet in height at any one point. All other
building height requirements shall be as specified in the planned unit
development approval which shall be obtained according to the provisions
of Section 50.50 of this Ordinance.
ORDINANCE CHANGE ~3:
SECTION 9 RH RESIDENTIAL HILLSIDE DISTRICT
[note: all new section]
Section 9.41 Re-subdivision of Single Family Residential Hillside Lots
Residential Hillside lots, created by a Tentative Map under the provisions
of a Residential Hillside district for the placement of one single family
dwelling, shall not be split or re-subdivided. Lot line adjustments where
additional single family lots are not created are exempt.
ORDINANCE CHANGE ~4:
Section 2.20 Definitions
Reliqious Institution
A building which is used primarily for religious worship and/or related
religious activities.
Section 10.30 Residential Use Table
Residential Use A1 R1 R2 R3 R4 RH
Church or Religious Institution X X X X X X
Section 18.30 Commercial Use Table
Commercial Use PO C1 C2 C3 HC CM
Church or Religious Institution X X X X X
Section 22.30 Industrial Use Table
Industrial Use MI M2
Church or Religious Institution C
ORDINANCE CHANGE #5:
Section 10.30 Residential Use Table
(FOOTNOTES FOR RESIDENTIAL USE TABLE)
Accessory Dwelling Units must meet the following conditions:
[add sixth condition]
(6) The accessory unit shall be serviced by existing sewer and utility
connections, no additional water, gas, or electric meters shall be
permitted.
ORDINANCE CHANGE ~6:
Section 11.30 Residential Site and Building Requirement Table
Residential District Requirements A1 R1 R2 R3 R4
LOT REQUIREMENTS
2
Lot Size in Square Feet (min.)1 20 acres 6000 80004 8000 12000
Building Coverage (max.) none none none none 50%
(FOOTNOTES FOR RESIDENTIAL USE TABLE)
4-
7000 sq. ft. for pre-existing lots created prior to September 15, 1983;
and 6000 sq. ft. for one (1) single family dwelling.
ORDINANCE CHANGE ~7:
Section 11.30 Residential Site and Building Requirement Table
Residential District Requirements A1 R1 R2 R3 R4
HEIGHT REQUIREMENTS (Max.)
Building Height in Feet 35 35 20 45 75
Number of Stories 2 2 15 3 6
Two (2) stories with an approved Conditional Use Permit granted
by the Planning Commission.
ORDINANCE CHANGE ~8:
Section 18.30 Commercial Use table
Commercial Use PO Cl C2 C3 HC CM
Medical or Dental Office/Clinic X X X X X
ORDINANCE CHANGE ~9:
Section 27.52 Historic Site Demolition Procedures
Demolition of or relocation of a historically significant structure within
a Historic Site Combining District shall first require removal of the
Historic Site Combining District designation through the zone change
process as provided in this Ordinance. Removal of the Historic Site
Combining District is not required where a historically significant
structure would remain on the site, despite the demolition of other
historic or non-historic structures on the site. A request for demolition
or relocation may be processed concurrently with the request for a change
of district.
ORDINANCE CHANGE ~10:
Section 2.20 Definitions
Corner Trianqle
A triangular-shaped area bounded by corner property lines and a line
connecting those lines from points thereon which lie twenty (20) feet from
the intersection of the projected property lines.
Section 34.31 Residential Districts
Except in the following situations, fences and hedges in residential
districts are permitted up to six (6) feet in height, measured from the
finished grade on the higher side of the fence:
(c) 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 property lines and a line connecting those lines from points
thereon which lie twenty (20) feet from the intersection of the
projected property lines.
Section 34.32 Commercial and Industrial Districts
Except in the following situations, fences and hedges in commercial or
industrial districts are permitted up to six (6) feet in height, measured
from the finished grade on the higher side of the fence:
(c) 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 property lines and a line connecting those lines from
points thereon which lie twenty (20) feet from the
intersection of the projected property lines.
Section 37.31 Prohibited Signs
Except as otherwise provided in this Ordinance the following signs shall
be prohibited throughout the City of Gilroy:
(v) Signs higher than three (3) feet above the sidewalk elevation or
having a solid face less than seven (7) feet above grade on a corner
lot within a triangle formed by the property lines as extended and a
line connecting those lines from points thereon which lie twenty (20)
feet from the intersection of the projected property lines.
ORDINANCE CHANGE ~11:
Section 35.20 Location and Height of Antennas in Ail Zones
Section 35.22
Except for residential districts, the maximum height for an antenna
structure may exceed the maximum height limit for the zoning district in
which it is located by no more than fifteen (15) feet. The height is
measured from the average grade at the base of the main building on the
site. No antenna structure will be permitted on an otherwise vacant
parcel. For all residential districts, proposed antennas that will exceed
the maximum height limit set by the underlying zone shall not be permitted
unless all of the following conditions can be met:
(a) The proposed antenna does not exceed the maximum height limit, as set
by the underlying zone, by more than fifteen (15) feet;
(b) The proposed antenna does not have a horizontal projection, measured
from the mast, greater than ten (10) feet in any direction; and
(c) A Conditional Use Permit is granted by the Planning Commission.
ORDINANCE CHANGE ~12:
SECTION 36 SWIMMING POOLS
Section 36.40 Swimming Pool Mechanical Equipment {new section}
Swimming pool mechanical equipment, mounting pad, and/or enclosure shall
not be located within three (3) feet of any side or rear property line, or
within the front yard setback.
ORDINANCE CHANGE ~13:
Section 37.31 Prohibited Signs
Except as otherwise provided in this Ordinance the following signs shall
be prohibited throughout the City of Gilroy:
(r) Portable signs; or signs, including but not limited to portable
signs, placed on parked vehicles or trailers.
ORDINANCE CHANGE ~14:
Section 37.32 Signs on Public Property
The Planning Director shall review and act upon proposals for signs not
listed as exempt which will be located on City or other public property,
taking into consideration the nature and use of the property, the
necessity of the sign, and whether the signs would detract from or be in
harmony with the public purposes of the City property and with existing or
contemplated surrounding development. Such signs should generally not
exceed in size those allowed within the most restrictive adjacent zoning
district.
ORDINANCE CHANGE ~15:
Section 37.50 Signs in Commercial and Industrial Districts
(c) The maximum number of freestanding signs shall be one (1) per
business, building, or parcel, whichever is most restrictive. An
individual business shall not be permitted to have a freestanding sign
where there is a master shopping center or group sign. The area of
the freestanding sign shall be included in the maximum area allowed.
The maximum height for any freestanding sign shall be seven (7) feet,
except for freeway oriented signs, master shopping center signs, and
specific subdivision and real estate signs regulated under this
ordinance.
Section 37.52 Master Shopping Center Signs
(b) The maximum height for a Master Shopping Center sign shall be fourteen
(14) feet.
ORDINANCE CHANGE ~16:
Section 39.30 Accessory Buildings in Residential Zones
Accessory buildings are permitted in residential zones only when they
comply with the following restrictions:
(h) Play structures under one hundred twenty (120) square feet in area
shall be exempt from all provisions under this section, except that
they shall not be located within three (3) feet of any side or rear
property line, and shall not be located within the front yard setback.
ORDINANCE CHANGE ~17:
SECTION 41 PERFORMANCE STANDARDS
Section 41.20 General Provisions
No land or building in any zoning district in the City shall be used or
occupied in any manner so as to constitute any dangerous, injurious,
noxious or otherwise objectionable public nuisance. This would include
uses that would create objectionable nuisance because of fire, explosive
or other hazard; noise or vibration; smoke, dust, odor or any other form
of air pollution; glare, heat, cold, dampness; electrical disturbance;
radioactivity; liquid or solid refuse and waste or any other form of water
or soil pollution. The Planning Director may require written consent from
adjacent property owners and/or residents prior to the approval of any
project which may have the potential to create a nuisance.
ORDINANCE CHANGE #18:
Section 46.10 Public Service Exceptions
This Ordinance shall not limit or interfere with the temporary use of any
property as a public voting place; or with the construction, installation
or operation by any public agency or private corporation of any power
transmission and distribution line, communication facility, or
transportation line or conduit; or of any incidental appurtenances to any
of the above, when located in a street or a utility easement.
ORDINANCE CHANGE #19:
Section 47.40 Outdoor Sales on Public Property
Outdoor sales with merchandise displayed on any public right-of-way,
public street or sidewalk, shall be restricted to four (4) per year / per
organized shopping area, and shall last no more than four (4) consecutive
days. Regularly scheduled community-wide civic events, as determined by
the Planning Director, shall be exempt from these provisions.
ORDINANCE CHANGE #20:
SECTION 48 NON-CONFORMING USES AND BUILDINGS
Section 48.22
This Section does not authorize the extension, expansion or enlargement of
such existing use, or permit the addition of structures or other
facilities in conjunction with such existing use; unless all of the
following conditions can be met:
(a) The proposed extension, expansion, and/or enlargement is limited to a
maximum of ten percent (10%) of the gross floor area of the non-
conforming use;
(b) The proposed project does not require additional off-street parking,
which can not be accommodated on-site;
(c) No prior request [under the provisions of this Section] has been
approved by the Planning Commission for the subject use within the
last three (3) years; and
(d) A Conditional Use Permit is granted by the Planning Commission.
ORDINANCE CHANGE ~21:
Section 50.40 Architectural and Site Approval
Section 50.41 Review
The Planning Director shall review and decide applications for
architectural and site approval, and shall be bound by any uniform
standards adopted by the City Council or Planning Commission relating to
the intent, scope or review, of requirements of architectural and site
approval. The Planning Director shall review and may issue architectural
and site approval for the following uses:
(a) Construction or major remodeling of structures in an industrial,
commercial, professional office, public facilities or open space
zone. (Major remodeling includes any structurally separate building
additions or alterations within any twelve (12) month period exceeding
fifty percent (50%) of the floor area, facade or the value of the
existing building; value to be determined by the City Building
Department). Major interior remodeling projects may be exempt from
review if they are determined by the Director of Planning not to be
significant in terms of potential impacts to surrounding land uses and
meet all other minimum City standards.
ORDINANCE CHANGE #22:
Section 39.30 Accessory Buildings in Residential Zones
Accessory buildings are permitted in residential zones only when they
comply with the following restrictions:
(f)
No accessory building shall exceed twenty (20) feet in height, nor
shall any accessory building exceed one (1) story; or two (2) stories
providing a Conditional Use Permit is granted by the Planning
Commission.
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 90-16 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 2nd day of July , 19 90
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
19 90.
(Seal)
3rd day of July