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Ordinance 1994-11+ . • ORDINANCE NO. 94 -11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING SECTIONS 6, 9, 11, 18, 19, 22, 23, 31, 33, 34, 35, 36, 38 AND 50 OF THE GILROY ZONING ORDINANCE WHEREAS, the City Planning Commission held a duly noticed public hearing at its regularly scheduled meeting on May 19, 1994, for the purpose of determining whether amendments should be made to Sections 6, 9, 11, 18, 19, 22, 23, 31, 33, 34, 35, 36, 38 and 50 of the Gilroy Zoning Ordinance, after which it voted to adopt Resolution 94 -15 recommending that the City Council make such changes; WHEREAS, the City Council held a duly noticed public hearing at its regularly scheduled meeting on June 6, 1994; WHEREAS, the City Council has determined that the proposed amendments to the Zoning Ordinance as recommended are in conformance with the General Plan and are consistent with the intent of the text of the General Plan document; and WHEREAS, approval of this project is categorically exempt from the environmental review requirements of the California Environmental Quality Act, Public Resources Code Section 21000, et seq., pursuant to Section 15305, entitled "Minor Alterations in Land Use Limitations." NOW, THEREFORE, THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I The Gilroy Zoning Ordinance shall be amended as follows: Section 6 of the Gilroy Zoning Ordinance is amended as follows, with deleted matter shown in strike -out type and new matter shown in underscored type for convenience: SECTION 6 R2 TWO FAMILY RESIDENTIAL DISTRICT Section 6.50 Site Design Requirements ORDINANCE NO. 94 -11 1- Section 6.51 A detached single family dwelling unit or a duplex shall have at least three (3) of the following five (5) desian elements different from single family dwelling units and /or duplexes on any adiacent lot on the same street frontage: (a) Floor plan. Front elevation. (C)_ Roof design. (d) Exterior materials. (e) Reversed floor plan. Section 6.51 6.52 {recodify Section number only) Section 6-.45-a 6.53 (recodify Section number only) Section 9 of the Gilroy Zoning Ordinance is amended as follows, with deleted matter shown in strike -out type and new matter shown in underscored type for convenience: Section 9.60 Hillside Development Peliey and „_o,__ Guidelines The City Council's adopted Hillside Development Peli�y and Hillside Design Guidelines shall be utilized in the development of RH Residential Hillside Districts. Section 9.70 Exceptions a) meets or exceeds the criteria of the adopted Hill- side Development Peliey and the Hillside Desi.g_ Guidelines. Section 10 of the Gilroy Zoning Ordinance is amended as follows, with deleted matter shown in strike -out type and new matter shown in underscored type for convenience: ORDINANCE NO. 94 -11 -2- Section 10.30 Residential Use Table Residential Use Al R1 R2 R3 R4 RH Glustereel Dwelling X X X° 3F -X $ Group (FOOTNOTES FOR RESIDENTIAL USE TABLE) 3- A duplex dwelling is permitted when all of the following conditions are met: (1) The duplex dwelling shall be located on a corner lot only; and (2) The corner lot shall have a minimum area of 8,000 square feet and be so designated for a duplex unit on a tentative and final map; and 80) (1 feet be the boundary e f the 1.d \iVVJ L S1144- The duplex shall not increase the overall density within any given land subdivision beyond the maxi- mum of 7.25 dwelling units per net acre. Residential Use Al R1 R2 R3 R4 RH Accessory Dwelling Unit' X X X° X (FOOTNOTES FOR RESIDENTIAL USE TABLE) 4- An Accessory Dwelling unit is permissible on a R2 parcel when the following conditions can be met: (11) The parcel is currently developed with only one single family dwelling; and (2)_ The parcel will support only one single family dwelling, as outlined under Section 6.40 and foot- note #4 of Section 11.30 of the Zoning Ordinance Section 11 of the Gilroy Zoning Ordinance is amended as follows, with deleted matter shown in strike -out type and new ORDINANCE NO. 94 -11 -3- i • matter shown in underscored type for convenience: SECTION 11 RESIDENTIAL SITE AND BUILDING REQUIREMENT TABLE Section 11.30 Residential Site and Building Requirement Table ESTABLISHED DEVELOPMENT POLICIES: RH Al R1 R2 R3 R4 Gas Station' Consolidated Landscapina Policy Yes Yes No Yes Yes No Yes No No Yes No Yes Yes No Yes Yes No Yes Hillside Development Guidelines Residential Condominium Policv Section 18 of the Gilroy Zoning Ordinance is amended as follows, with deleted matter shown in strike -out type and new matter shown in underscored type for convenience: Section 18 Commercial Use Table Section 18.30 Commercial uses east of the South Valley Freeway Commercial uses proposed east of the South Valley Freeway, on property zoned C3 (Shopping Center Commercial) shall meet the following findings prior to establishment: (a)_ the intent of the proposed business is to merchandise products and /or provide services to a cliental base which represents a regional draw: and (bb) a regional draw shall mean a cliental base with at least seventy -five percent (75 %) of the customers residing outside the City limits. Section 18.30 Commercial Use table Commercial Use PO C1 C2 C3 HC CM Gas Station' c X X X 3 Sales of aleehelie beverages, which are eentrelled by the Department of Aleehelic Beverage eantre3, shall not be ORDINANCE NO. 94 -11 -4- 0 0 Commercial Use Po ci C2 C3 HC CM Dwelling Unit (second or third floor) Residential Units Commercial Condominium Policv Yes Yes n a n/a n a C Yes Yes n/a n a Yes Yes Yes n/a Yes Yes Yes Yes n a Yes n a Residential Unit (with existing business) Consolidated Landscaping Policv C Leaveslev Road Policv Tenth Street Policy (FOOTNOTES FOR COMMERCIAL USE TABLE) 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 hotels, motels, bed and breakfast establishments, ambulance services, churches, or mini - storage facilities. Section 19 of the Gilroy Zoning Ordinance is amended as follows, with deleted matter shown in strike -out type and new matter shown in underscored type for convenience: Section 19.30 Commercial Site and Building Requirement Table ESTABLISHED DEVELOPMENT POLICIES: Po Cl C2 C3 HC CM Commercial Condominium Policv Yes Yes n a n/a n a Yes Yes n a n a n a Yes Yes n/a n a Yes Yes Yes n/a Yes Yes Yes Yes n a Yes n a Yes Yes Yes Yes Yes Consolidated Landscaping Policv Industrial Design Guidelines Leaveslev Road Policv Tenth Street Policy Section 22 of the Gilroy Zoning Ordinance is amended as follows, with deleted matter shown in strike -out type and new matter shown in underscored type for convenience: ORDINANCE NO. 94 -11 -5- Ll Section 22.30 Industrial Use Table Industrial Use M1 M2 Food Processing Plant C X Section 22.30 Industrial Use Table Industrial Use M1 M2 Day Care Center C C (FOOTNOTES FOR INDUSTRIAL USE TABLE) 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, mini - storage, churches, or hazardous waste processing or storage facilities. Section 23 of the Gilroy Zoning Ordinance is amended as follows, with deleted matter shown in strike -out type and new matter shown in underscored type for convenience: Section 23.30 Industrial Site and Building Requirement Table ESTABLISHED DEVELOPMENT POLICIES: M1 M2 Industrial Condominium Policv Yes Yes Consolidated Landscaping Policv Yes Yes Industrial Design Guidelines Yes Yes Leaveslev Road Policv Yes n/a Tenth Street Policy Yes Yes Section 31 of the Gilroy Zoning Ordinance is amended as follows, with deleted matter shown in strike -out type and new ORDINANCE NO. 94 -11 -6- 11 0 matter shown in underscored type for convenience: Section 31.60 Off- Street Parking Design Criteria Section 31.63 All off - street parking for all uses, except single family and duplex residential uses, shall be designed such that vehicles need not back out of the parking area into a public street. Utilizing a public alley for back -up space is acceptable. Vehicular access to parcels in residential districts which abut both a street designated on the City of Gilroy's General Plan Land Use Map for higher traffic volumes than a local street (e.g., a "Collector" or "Arterial ") and an improved public alley, shall be to the alley, and shall not be permit- ted to the street. Section 33 of the Gilroy Zoning Ordinance is amended as follows, with deleted matter shown in strike -out type and new matter shown in underscored type for convenience: Section 33.10 Statement of Intent It is the intent of this Section of the Ordinance to establish regulations that apply to the storage and parking of trailers and recreational vehicles in the City of Gilroy. As applied to this Section of the Zoning Ordinance. "storage" shall mean parking, in violation of this Ordinance, for a period exceed- ing seventy -two (72) hours. Section 33.30 Residential Zones In residential zones, recreational vehicles shall be parked for storage only on property on which the vehicle's owner resides. In a R1 zone, parking for storage is permitted outside a structure in the front yard on a paved, graveled, or approved alternative material driveway, provided all of the following conditions exist: ORDINANCE NO. 94 -11 -7- (a) Space is not available in the rear yard or side yard, or the lot is not on a corner and has no reasonable access to either the side yard or rear yard; (b) Inside parking is not possible; (c) The vehicle is parked perpendicular to the front curb; (d) No part of the vehicle extends over the public sidewalk or public thoroughfare (right -of -way); (e) No more than one (1) recreational vehicle or trailer is parked in the front yard of each residential unit; and (f) The vehicle is parked at least five (5) feet from side property lines. Section 34 of the Gilroy Zoning Ordinance is amended as follows, with deleted matter shown in strike -out type and new matter shown in underscored type for convenience: SECTION 34 FENCES AND OBSTRUCTIONS Section 34.30 Location and Height Section 34.31 Residential Districts Except in the following situations, fences and hedges in residential districts are permitted up to s (6) seven (7) feet in height, measured from the finished grade on the higher side of the fence: (b) On a corner lot, fences, hedges or visual obstructions over three (3) feet above the sidewalk shall be at least five (5) feet back from the street side property line. In the case where a corner lot abuts the driveway side of a key lot, or abuts an alley, a fence, hedge or visual obstruction over three (3) feet above the sidewalk shall be ten (10) feet back from the street side property line for a distance of at least ten (10) feet from the rear property line. ORDINANCE NO. 94 -11 -8- 0 11 (c) Peneeig, hedges vi ether visual ebstruetiens shall t be- ever three cc \.// acca. high .. +\,a.aaa a .araaayac fermed by the preperty lines and a !in J ..........1 \r v, feet Ya vr\ the inberseetien the t property lines. Fences, hedges or other visual obstructions on a corner lot shall comply with Municipal Code Section 20.60. Section 34.32 Commercial and Industrial Districts c Fenees, hedges ei ether visual eLG a-a lTI- 1 shall Znet LC ever LL..__ /9\ L_vt high above the r ....+v... \u/ feet � p C:ii4.. GaLD-VSZ -C�Gp i2i\rL 2Vt within a triangle fermed by the preperty lines and a line e v..c.t r g these lines fr vapeints thereen L L l' twenty (20) feet frem the interseetion of the prejeete property lines—. Fences, hedges or other visual obstructions on a corner lot shall comply with Municipal Code Section 20.60. Section 34.41 Barbed Wire Fences Barbed wire, razor wire or similar fences shall not be installed within the City, except for the f= 1_1__wing- (a) security fences in commercial and industrial zones_ a-ad Section 34.43 Wire Mesh Fences Wire mesh fences shall not be installed within the required front yard setback area or within the side yard setback area adjacent to a street in any residential or commercial zone. Wire L fenees in l or G2 G2 l /l ORDINANCE NO. 94 -11 -9- L Section 35 of the Gilroy Zoning Ordinance is amended as follows, with deleted matter shown in strike -out type and new matter shown in underscored type for convenience: SECTION 35 ANTENNAS AND WINDMILLS Section 35.23 In addition to meeting the proceeding regulations in this Section, dish antennas in R1 and R2 Residential Districts shall be permitted only between the main dwelling unit and rear property line, or attached to the rear roof eve or building wall, and not within twenty (20) feet of any property line adjacent to a public right -of -way. Dish antennas shall not exceed fifteen (15) eighteen (18) feet in height. Section 36 of the Gilroy Zoning Ordinance is amended as follows, with deleted matter shown in strike -out type and new matter shown in underscored type for convenience: SECTION 36 SWIMMING POOLS Section 36.30 Swimming Pool Fencing Fencing shall be provided to enclose all swimming pool areas as specified in Section 34 of this Ordinance, and as required under the Uniform Building Code. Section 38 of the Gilroy Zoning Ordinance is amended as follows, with deleted matter shown in strike -out type and new matter shown in underscored type for convenience: SECTION 38 LANDSCAPING AM STREET TREES Section 38.10 Statement of Intent It is the intent of this Section of the Ordinance to establish regulations governing the provision and maintenance of landscaping and street trees in the City of Gilroy. ORDINANCE NO. 94 -11 -10- the —Gity Gauseil, will be assessed fer required street planting pelkq�z Section 38.30 Landscaping Installation and Maintenance Requirements All landscaping shall be installed and maintained according to the following minimum standards: (a) All landscaping shall be installed in accordance with the adopted Consolidated Landscaping Policy, and a landscap- ing plan approved by the Planning Director. Section 50 of the Gilroy Zoning Ordinance is amended as follows, with deleted matter shown in strike -out type and new matter shown in underscored type for convenience: Section 50.40 Architectural and Site Approval ORDINANCE NO. 94 -11 11- • • Section 50.44 Scope of Review The Planning Director shall review the application to insure that the development addresses and adequately meets require- ments for the following: (e) Drainage and flood control and health standards: (1) Effect on flood control and storm and surface water drainage facilities. (2) Additional flood control and drainage improvements required. (3) Minimum health standards. Consistency with the City's adopted Flood Plain Management Ordinance. (g) Environmental impacts: Consistency with the City's adopted Environmental Review Procedures and Process. (2)_ Consistency with the California Environmental Quality Act (CEQA). (1) Impaet en the air-, water and soil eend-itien-s-. Section 50.45 Conditions The granting of architectural and site approval may include such conditions as the Planning Director deems reasonable and necessary under the circumstances to carry out the require- ments of the zoning district and the intent of architectural and site approval, and to insure that the development will meet the requirements enumerated in Section 50.44. The following conditions shall be standard on all architectural and site approvals: 1. Landscaping: Landscaping plans including specifications for an irrigation system shall be approved by the Planning Director in accordance with the adopted Consoli- dated Landscaping Policy, prior to issuance of a building permit. The landscaping shall be continuously maintained ORDINANCE NO. 94 -11 -12- • 0 in an orderly, live, healthy, and relatively weed -free condition, in accordance with the adopted Consolidated Landscaping Policy and the approved specific landscape plan. 2. Trash Enclosures: 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 accordance with the approved site plan and fire ulat ens Uniform Fire Code. Section 50.50 Planned Unit Development Approval Section 50.54 Publie Hearings an Planned Unit Development Approval Section 50.60 Residential Development Section 50.62 Application of Ordinance (b) The following types of residential projects are exempted from the provisions of this Residential Development Ordinance, except that such projects shall be tabulated in housing goals as described in Section 50.63(a). A project may not qualify for more than one of the follow- ing exemptions: (3) A residential development project sponsored by any agency that is funded by federal, state or local government is exempt if the project is: (i) ap- proved by a vote of electors of the City of Gilroy pursuant to Cal. Const. Art. XXXIV, Sec. 1 or (ii) the project is specifically approved for exemption by the City Council and consists of seventy -five 75 units or less. Such projects may not be immediately adjacent to another project exempted under subsection (3) or (4) of this Section within the previous three (3) years. NO. 94 -11 -13- (4) • 0 lity of residential development grejeets, then a A project which meets sue h the standards established by the "Policy Statement for Exempting Affordable Private Development Proposals from the RDO" is exempt if the project consists of forty f - -_; seventy -five (75) units or less and the project is specifically approved for exemption by the City Council. Such projects may not be immediately adjacent to another project exempted under subsec- tion (3) or (4) of this Section within the previous three (3) years. SECTION II This ordinance shall take effect and be in full force thirty days from and after its adoption and approval. PASSED AND ADOPTED this 18th day of July, 1994 by the following vote: AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ, GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None .. 61,. ATTEST• usanne E. Steinmetz, City C rk ORDINANCE NO. 94 -11 -14- c I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 94 -11 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 18th day of July 19 94, at which meeting a quorum was present. IN WITNESS WHEREPF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 19th day of July 19 94 City Clerk of the City of Gilroy (Seal)