Ordinance 2002-04ORDINANCE NO. 2002-4
AN ORDINANCE OF THE CITY OF GILROY AMENDING
G[LROY ZONING ORDINANCE SECTION 34.43 ENTITLED
"WIRE MESH FENCES" AND SECTION 34.23 ENTITLED
"SWIMMING POOLS."
WHEREAS, the City of Gilroy submitted application Z 01-08 requesting approval to
amend Section 34.43 entitled "Wire Mesh Fences" and Section 34.23 entitled "Swimming Pools"
of the Gilroy Zoning Ordinance; and
WHEREAS, some commercial and residential properties have streets adjacent on three
sides and the addition of a rear setback would insure restrictions on wire mesh could be enforced
whenever it is adjacent to a street; and
WHERAS, Section 34.23 is not in compliance with the State of California Health and
Safety Code Swimming Pool Safety Act; and
WHEREAS, approval of this project is categorically exempt under the California
Environmental Quality Act ("CEQA") pursuant to Article 18, Statutory Exemptions, CEQA
Guideline15262 regarding feasibility and planning studies; and
WHEREAS, the Planning Commission reviewed application Z 01-08 and held a duly
noticed public hearing on December 6, 2001, and thereafter voted to recommend approval of the
proposed amendments; and
WHEREAS, the City Council reviewed application Z 01-08 and all documents relating
thereto, including the Staff Report dated December 7, 2001, and took oral and written testimony
at its duly noticed public hearing on December 17, 2001; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of procecdings upon which this project approval is based is the office of the
City Clerk.
NOW, TIt~REFORE, the City Council hereby finds:
A. The project is exempt under CEQA pursuant to CEQA Guideline 15262 as
described above, and there will be no significant environmental impacts as a result of the
proposed amendments.
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02-122004706002 Ordinance No. 2002-4
B. The proposed additions and revisions of the Gilroy 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 additions and revisions will not be detrimental to the public welfare
or injurious to persons or property in the City.
Based on the evidence in the record, TIlE CITY COUNCIL OF THE CITY OF GILROY
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I
Gilroy Zoning Ordinance Section 34.43 is hereby amended to read as follows:
Wire mesh fences shall not be installed within any required front yard, side yard
or rear yard setback area whenever this is adjacent to a street in any residential, or
commercial zone. In the Central District Commercial (C2) area, no wire mesh
fencing will be installed within thc front 30 feet or the side or rear 20 feet
whenever adjacent to a street or an alley. The wire mesh fences shall not be
installed along any water district channel or railroad corridor, unless coated with
dark vinyl or similar material.
SECTION II
Gilroy Zoning Ordinance Section 34.23 is hereby amended to read as follows:
Swimming pools shall met the minimum safety standards required by the State of
California, Health and Safety Code, Section 115920 thru 115927, known as the
Swimming Pool Safety Act.
SECTION III
If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for
any reason held to be unconstitutional or otherwise void or invalid by any 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 passed this ordinance and each
section, subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that
any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared
unconstitutional.
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02-122004706002 Ordinance No. 2002-4
SECTION IV
This Ordinance shall be in full force and effect thirty (30) days after the date of its
passage and adoption.
PASSED AND ADOPTED this 22nd day of January, 2002, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN, MORALES,
PINHEIRO, and SPRINGER
NONE
VELASCO
Rhorlda Pellin, City Clerk
APPROVED:
Thomas W. Springer,(~yor
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02-122004706002 Ordinance No. 2002-4
I, RHONDA PELLIN, City Clerk of the City of C. dlroy, do hereby certify that the attached
Ordinance No. 2002-4 is an original ordinance, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 22nd day of January, 2002, 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 31 st day of January, 2002.
City"Clerk of the City of Gilroy
(Seal)