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Ordinance 2000-01ORDiNANCE NO. 2000-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDiNG SECTION 18.30 (COMMERCIAL USE TABLE), SECTION 34.43 (FENCES AND OBSTRUCTIONS), AND SECTION 35.20 (ANTENNAS AND WINDMILLS) OF THE GILROY ZON1NG ORDiNANCE, Z 99-05 WHEREAS, the City of Gilroy has submitted application Z 95-05 requesting approval of amendments to various sections of the Gilroy Zoning Ordinance, specifically to Section 18.30 (Commercial Use Table), Section 34.43 (Fences and Obstructions), and Section 35.20 (Anteunas and Windmills), as fully described in the revised Staff Report dated December 1, 1999, and an earlier StaffReport dated "October 21, 1999, Revised November 9, 1999"; 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 95-05 at a duly noticed public hearing on November 4, 1999, and voted to recommend that the City Council approve amendments to the aforementioned sections of the Gilroy Zoning Ordinance with a modification to the proposed ordinance amendment to Section 35.20; and WHEREAS, the City Council took oral and written testimony at its duly noticed public heating on November 15, 1999, reviewed three proposed text amendments to the City Zoning Ordinance and approved the amendment to Section 34.43 (Fences and Obstructions) and directed the Planning Division staff to modify the two other proposed text amendments to incorporate certain considerations expressed by the Council; WHEREAS, the City Council reviewed application Z 95-05 and all documents relating thereto, including the revised Staff Report dated December 1, 1999, and took oral and written testimony at its duly noticed public heating on December 6, 1999; and \MSD~15491.02 - 1 - Ordinance No. 2 0 0 0 - 0 1 82~62§04706002 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 Cotmcil 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. B. The amendments to the Zoning Ordinance are in conformance with the Gilroy General Plan and are consistent with the intent of the goals mad 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 18.30, Conmaercial Use Table, is amended as follows, to add a Footnote 6 to the entry for "Automobile Sales, Temporary": SECTION 18 COMMERCIAL USE TABLE SECTION 18.30 Commercial Use Table Automobile Sales, Temporary ~ T -- Temporary Use - See Section 47 C = Permitted only with Conditional Use Permit granted by Planning Commission 6 A Conditional Use Permit may be granted to an auto-related sales business for up to four (4) temporary auto sales events on the same property within one (1) calendar year. SECTION II Gilroy Zoning Ordinance Section 34.43, Wire Mesh Fences, ~s amended as follows: %MSD\415491.02 - 2 - Ordinance No. 2 0 0 0 - 0 1 82-062604706002 "SECTION 34 FENCES AND OBSTRUCTIONS 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 mesh fences shall not be installed along any water district channel or railroad corridor, unless coated with a dark vinyl or similar material." SECTION III The restrictions in Gilroy Zoning Code Section 35.23 relating to the height, location and visibility of dish antennas are amended as follows: "SECTION 35 ANTENNAS AND WINDMILLS Section 35.23 In addition to meeting the preceding regulations in this Section, dish antennas greater than one (1) meter in diameter 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 eave or building wall, and not within twenty (20) feet of any property line adjacent to a public fight-of- way. Dish antennas greater than one (1) meter in diameter shall not be placed higher than eighteen (18) feet from the ground." PASSED AND ADOPTED this 3Td day of January, 2000, by the following vote: AYES: COUNCILMEMBERS: c. ARELLANO, MORALES, P1NHEIRO, SUDOL, VELASCO, SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: P. ARELLANO Rhonda Pellin, City Clerk APPROVED: Thomas W. Springer, May~r / ~SD\415491.02 - 3 - Ordinance No. 2 0 0 0 - 0 1 82-062604706002 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2000-01 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 3rd day of January, 2000, at which meeting a quorum was present. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 26th day of January, 2000. City Clerk of the City of G-ikoy (Seal)