Ordinance 1996-11ORDINANCE NO. 96 -11
• A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING SECTIONS 18.30, 19.30,
22.30, 31.21, 31.51 AND ADDING SECTION 37.90
TO THE GILROY ZONING ORDINANCE; Z 96 -01
WHEREAS, the City Council of the City of Gilroy intends
to amend and update the Zoning Ordinance of the City of Gilroy to
better assure consistency in matters requiring interpretation of
this and other City Codes; and
WHEREAS, the Planning Commission held a duly noticed
public hearing at its regularly scheduled meeting on May 2, 1996,
for the purpose of determining whether amendments that were
recommended by planning staff should be made to the Gilroy Zoning
Ordinance, after which hearing it voted to recommend that this City
Council make such changes as revised; and
WHEREAS, the City Council held a duly noticed public
hearing at its regularly scheduled meeting on May 20, 1996; 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 a Minor Alteration in land use limitations within
the meaning of CEQA Guidelines section 15305, and there will be no
significant environmental impacts as a result of the proposed
changes; and
WHEREAS, the proposed changes to the Gilroy Zoning
Ordinance are generally consistent with the intent of the goals and
policies of the City's General Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I
Section 18.30, Commercial Use Table, is amended to read as
follows:
U2PJ1309731.01 -1- ORDINANCE 96 -11
a070204706002
0 • . ,
4- The requirement for a Conditional Use Permit does not apply
to businesses whose primary use is the preparation and serving
of food.
SECTION II
Section 19.30, Commercial Site and Building Requirement Table,
is amended as follows:
Comuercial! District Regirements PO G1 C2 ` C3 TIC I C14T
ESTABLISHED DEVELOPMENT POLICIES
Street Furniture Policy Yes Yes Yes Yes Yes Yes
SECTION III
Section 22.30, Industrial Use Table, is amended to read as
follows:
'Industrial ;Use
M1
T
Haz. Waste Transport, Recycling, Processing or Storage Facility
C
4- All hazardous waste transport, recycling, processing and
storage facilities must comply with the County of Santa
Clara's Hazardous Waste Management Plan.
SECTION IV
Section 31.21, Residential Use Off - Street Parking
Requirements, is amended to read as follows:
Multiple family
One and a half (1 1�) stalls per one bedroom or two bedroom dwelling
unit er and two (2) stalls for each unit having three (3) or more
bedrooms or rooms which could be used as bedrooms, plus one (1)
stall for every four (4) units for guests. One (1) stall for each
unit shall be covered with a garage or carport.
92FM731.01 -2- ORDINANCE 96 -11
6 3-070204706002
0
SECTION V
Section 31.51, Compact Car Parking,
follows:
9
is amended to read as
Compact car parking stalls may be provided in commercial, er
industrial, and multi - family residential developments for up to
thirty percent (30 %) of the required off - street parking, where at
least fifteen (15) parking stalls are provided. Compact stalls
shall not be used to meet the covered parking stall requirements in
multi - family residential developments.
SECTION VI
Section 37.90, Portable Freestanding Signs, is added to the
zoning ordinance, which section shall read in its entirety as
follows:
Section 37.90 Portable Freestanding Signs
Except as provided under this section, portable freestanding signs
are prohibited in all zoning districts:
(a) Portable freestanding signs are permitted in all commercial
districts under the following conditions:
(1) Each tenant located within a commercial complex or building
may have a portable sign, providing that their business has a
distinct individual store front and separate front entrance
for customers;
(2) Portable signs shall not be placed any closer than one foot
from the street curb, and shall not be placed within a
sidewalk intersection (as defined under Municipal Code section
20.60). A portable sign shall not be placed within any
landscaped planter. In the C2 district, a portable sign may be
placed anywhere on site, providing it does not block any alley
right -of -way, driveway, parking stall, or building exit;
(3) A portable sign may be placed on a public sidewalk,
immediately in front of a business store front, providing an
open pedestrian path of at least four feet in width is
maintained to the front entry and along the frontage of the
business. Prior to placing of a portable sign on a public
sidewalk, the business owner shall procure insurance and
submit to the City a certificate of insurance in an amount and
form acceptable to the City's Risk Manager, adding the CITY OF
GILROY as an additional insured to the owner's comprehensive
general liability policy;
(4) The maximum height for
maximum width of 2
constructed of wood
hardware, with all su
have no electrical,
including objects that
a portable sign shall be 4 feet, with a
L's feet. Portable signs shall be
(or other stout material) and metal
rfaces painted. Portable signs shall
mechanical, or fixed attachments,
move with the wind;
(5) A portable sign may advertise only the name of the business,
type of business, special promotions, hours of operation,
and /or phone number;
1RPJ1309731.01 -3- ORDINANCE 96 -11
63-070204706002
(6) A portable sign may be displayed only during hours that the
business is open to the public, and shall be taken in during
all other times;
(7) Portable signs shall not be attached or secured to public
property, placed over any utility box, or within 36 inches of
a fire hydrant.
SECTION VII
Severability. If any section, subsection, subdivision,
sentence, clause, phrase or word of this ordinance is for any
reason held to be invalid by a court of competent jurisdiction,
such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council hereby declares that
it would have adopted this ordinance and each and every provision
herein, irrespective of the possibility that one or more provisions
might be declared invalid.
This ordinance shall take effect and be in full force
thirty days from and after its adoption and approval.
PASSED AND AI
following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
)OPTED this 1st day of July, 1996 by the
GILROY, MORALES, ROWLISON, SPRINGER
VALDEZ, ROGERS
NONE
GAGE
APPROVED:
i�)-
Q1 1171'- %2:7
nnie Rogers, Wyor Protempore
1RP.o.309731.01 -4- ORDINANCE 96 -11
BU70204706002
� � Y
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 96 -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 1st day of July 19 96 ,
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 3rd day of July
19 96.
26&al� �5c-7�
City Clerk of the City of Gilroy
(Seal)