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Ordinance 1993-17ORDINANCE NO. 93- 17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING SECTION 50.45 OF THE GILROY ZONING ORDINANCE TO UPDATE TRASH ENCLOSURE REQUIREMENTS WHEREAS, California Public Resources Code Section 42900 et seq., better known as the California Solid Waste Reuse and Recycling Access Act of 1991 ("the Act"), requires cities to take steps to provide for adequate areas for collecting and loading recyclable materials that are compatible with surrounding land uses; and, WHEREAS, Section 50.45(2) of the Gilroy Zoning Ordinance sets forth requirements for trash enclosures which must be imple- mented as conditions of architectural and site approval; and, WHEREAS, the City Council has determined that an amend- ment to the Zoning Ordinance will be necessary to bring the City into compliance with the Act; and, WHEREAS, approval of this project is categorically exempt from the environmental review requirements of the California Environmental Quality Act ("CEQA")', Public Resources Code Section 21000, et seq., as an Action by a Regulatory Agency for Protection of the Environment and as a Minor Alteration in Land Use Limita- tions within the meaning of CEQA Guidelines sections 15305 and 15307. THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Section 50.45(2) of the Gilroy Zoning Ordinance is hereby amended to read as follows, with new matter shown in underscored type for convenience: All trash enclosures shall consist of visually solid fences and gates, six (6) feet in height, in accordance with the adopted City of Gilroy standard trash enclosure design plan, or a similar design approved by the Planning Director. All trash enclosures shall be located in ORDINANCE NO. 93 - 17 -1- accordance with the approved site plan and fire regula- tions. In addition, recycling areas must be provided within the trash enclosures, in accordance with the following regulations: ae Areas for recycling shall be adequate in capacity, number, and distribution to serve the development project. Be Dimensions of the recycling area shall accommodate receptacles sufficient to meet the recycling needs of the development pro~ect. Ce An adequate number of bins or containers to allow for the collection and loading of recyclable materials generated by the development project should be located within the recycling area. SECTION II Adoption of this ordinance is categorically exempt under CEQA as an Action by a Regulatory Agency for Protection of the Environment and as a Minor Alteration in Land Use Limitations, within the meaning of CEQA Guidelines sections 15305 and 15307. SECTION III This ordinance shall take effect and be in full force thirty (30) days from and after its final adoption and approval. PASSED AND ADOPTED this ?th day of Sept_. 1993 by the following vote: AYES: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE. NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Donald Gage, Mayo~ ~' ORDINANCE NO. 93 - 17 -2- I, SUSANNE E. STEINMETZ' City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. '93-I7 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said coUncil held on the 7th day of SepPtember, 19 93, 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 8th day of September 19 93 (Seal)