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Ordinance 1998-13 ORDINANCE NO. 98-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING SECTION 10.30 (RESIDENTIAL USE TABLE), SECTION 18.30 (COMMERCIAL USE TABLE), SECTION 22.30 (INDUSTRIAL USE TABLE), AND SECTION 39.30 (ACCESSORY BUILDINGS) OF THE GILROY ZONING ORDINANCE, Z 98-03 WHEREAS, the City of Gilroy has submitted application Z 98-03 requesting approval of amendments and updates to various sections of the Gilroy Zoning Ordinance, specifically to Section 10.30 (Residential Use Table), Section 18.30 (Commercial Use Table), Section 22.30 (Industrial Use Table), and Section 39.30 (Accessory Buildings), as fully described in the revised Staff Report dated "May 28, 1998 Revised June 10, 1998"; and WHEREAS, approval of this project is categorically exempt from the environmental review requirements of the California Environmental Quality Act ("CEQA"), pursuant to Section 15305 of the CEQA Guidelines (concerning "Minor Alterations in Land Use Limitations"); and WHEREAS, the Planning Commission reviewed application Z 98-03 at a duly noticed public hearing on June 4, 1998 and voted to recommend that the City Council approve amendments to the aforementioned sections of the Gilroy Zoning Ordinance; and WHEREAS, the City Council reviewed application Z 98-03 and all documents relating thereto, including the revised Staff Report dated June 10, 1998, and took oral and written testimony at its duly noticed public hearing on June 15, 1998; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which this project approval is based is the office of the City Clerk. NOW, THEREFORE, the City Council hereby finds: A. The project is exempt under CEQA as described above, and there will be no significant environmental impacts as a result of the proposed changes. \MSD\415491.01 82-062604706002 -1- Ordinance No.98-13 B. The amendments to the Zoning Ordinance are in conformance with the Gilroy General Plan and are consistent with the intent of the goals and policies of the General Plan. C. The proposed amendments will not be detrimental to the public welfare or injurious to persons or property in the City. Based on the evidence in the record, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Gilroy Zoning Ordinance Section 10.30, Residential Use Table, is amended as follows, with "X" meaning the use is unconditionally permitted and "C" meaning the use is permitted only with a Conditional Use Permit, to require a Conditional Use Permit for private schools to locate within residential zoning districts when such schools enroll more than 12 students: :::::.iai.ij,ii~:il~i.::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::i:i:::i:~:~:::U::U::::~:::::::::::::::::::::::::::::::::::::::::::i:iU::::::::::~~:::~:::~:::~:~ ::::ll:::::J:::::: ................. ::::.::~:::::~::::::: ::::Ia:::::::::::::::: :::::II:~:::::::?::: ................. ...1Ur............. .1UI............ .. """". o. """ .................. ~f. ,:, :::, ,:rmmmm .................. .................. ~it ,::::. ::, ?rmm Schools (Private ~ 12 students or Public) X X X X X X Schools (private > 12 students C C C C C C SECTION II Gilroy Zoning Ordinance Section 18.30, Commercial Use Table, is amended as follows, with "X" meaning the use is unconditionally permitted and "C" meaning the use is permitted only with a Conditional Use Permit, to require a Conditional Use Permit for private schools to locate in commercial districts when such schools enroll more than 12 students: :::::lqlliiai.?6.~if::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::i:::::::i:::::::i::::::::::::::::::::::::::::~:~:~:~~:~:~:~:~~~~~:::Ui:i:::i:::i:::i::::::::::::: :]11:::::::::::::: ::::o~i~:~:~~:~:~:~:~:~ ::~~~.:::::::::::::::: ::::G3:J::::~?:: ~:::II(it:::::::::: ::::OM]::::::: ,................ .....,,,......... .......""....... Schools (private ~ 12 students or Public) C X X X X Schools (Private > 12 students C C C C C \MSD\415491.01 82-062604706002 -2- Ordinance No.98-13 SECTION III The Locker Storage description in the Gilroy Zoning Code Section 22.30, Industrial Use Table, is amended as follows, with "X" meaning the use is unconditionally permitted and "C" meaning the use is permitted only with a Conditional Use Permit, to clarifY the range of such storage facilities which are unconditionally permitted in lands zoned for Industrial Use: :Ymluitnl::I$.i.:::::::~:::::~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::i:i:i:::::::::::::::::::::::::::::::::::::::::::::::i:U~:::i~::~:::::~:::::~~:::::~:::::::::::::::::::~::::::::~:~~:~:::~:::~~::::~::::::::::i::::::::~::~:~::::::~::::::::::::::::::::::::::: ::1\11:::::::::::::: :::::Nt!::::::::::::: .. . ...... ... . . "..... ';';',. :,' '.;.;.;.;.;.;. ... "..... .. ".." ................" .... ....... ........"....... Mini Storage, Locker Storage and Rental Facilities X X SECTION IV Gilroy Zoning Ordinance Section 39.30, Accessory Buildings in Residential Zones, is amended as follows to reduce the allowable height of single-story accessory buildings in residential zones, and to establish a maximum height for two-story accessory buildings with a Conditional Use Permit: (t) No accessory building shall exceed a maximum height of fourteen (14) feet, unless a Conditional Use Permit is granted which may allow up to two (2) stories with a maximum height of twenty four (24) feet. PASSED AND ADOPTED this 20th day of July, 1998 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, ROWLISON, SPRINGER, SUDOL, GILROY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MORALES AT~Y2u1~ Rhonda Pellin, City Clerk APPROVED: Vl\ \\ ~~ \,-~\<b<-, K.A. Mike Gilroy, Mayor ' \MSD\415491.01 82-062604706002 -3- Ordinance No.98-13 ........" ''''''''''' I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached Ordinance No. 98-13 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 20th day of July, 1998, 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 17th day of September, 1998. ~~ City Clerk of the City of Gilroy (Seal)