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Ordinance 2003-17 ORDINANCE NO. 2003-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN APPLICATION FOR A ZONING TEXT AMENDMENT FOR SECTION 22, INDUSTRIAL USE TABLE, TO ALLOW "ANCILLARY RETAIL" SALES UNDER SPECIFIC CONDITIONS, WITH APPROV AL OF A CONDITIONAL USE PERMIT GRANTED BY THE PLANNING COMMISSION WHEREAS, 5 Day Furniture Warehouse, the applicant, submitted application Z 03-06 for a zoning text amendment for Section 22, Industrial Use Table, to allow "ancillary retail" sales under specific conditions, with approval of a Conditional Use Permit granted by the Planning Commission; and WHEREAS, the California Environmental Quality Act ("CEQA") provides a categorical exemption for minor alterations in land use limitations pursuant to CEQA Guidelines Section 15305, which applies to this project; and WHEREAS, the Planning Commission held a duly noticed public hearing on September 4, 2003, at which time the Planning Commission considered the public testimony, the Staff Report dated August 29, 2003 ("Staff Report"), and all other documentation related to application Z 03-06, and recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public hearing on October 6, 2003, at which time the City Council considered the public testimony, the Staff Report, and all other documentation related to application Z 03-06; 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. SECTION I NOW, THEREFORE, THE CITY COUNCIL FINDS THAT: \GBO\602717.2 102203-04706002 -1- Ordinance No. 2003-17 The proposed rezolling is substantially consistent with the General Plan Land Use Designation and the intent ofthe goals and policies of the City's General Plan. SECTION II Based on the above finding, Zoning application Z 03-06 is hereby approved, and the City of Gilroy Zoning Ordinance is hereby amended as recommended by City Staff and set forth on the revised Section 2, Definitions, and Section 22, Industrial Use Table, attached hereto as Exhibit A, and incorporated herein by this reference. 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 anyone or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. 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 20th day of October, 2003 by the following AYES: COUNCILMEMBERS: ARELLANO, DILLON, GARTMAN, MORALES, PINHEIRO, VELASCO and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE \GBO\602717.2 102203-04706002 -2- Ordinance No. 2003-17 AT~~r) . ~-#\--:tl) lei'!; V:::UL(/,~. Rhonda Pellin, City Clerk \GBO\602717.2 102203-04706002 APPROVED: -3- Ordinance No. 2003-17 SEP-30-2003 13:30 BERLINER COHEN 4089382577 P.05 EXHIBIT A ""\ ZONING ORDINANCE \.. SECTION 2 DEFlNITIONS ~ Section 2.10 Word Construction Words used. in the present tense include the future; words in the masculine include the feminine; words in the singular number include the plural; and words in the plural number include the singular. The word "building" includes the word "structure;" and the word "shall" is mandatory and not directory. The term "City Council" shall mean the City Council of the City of Gilroy, California; the term "Planning Commission" shall mean the Planning Commission of the City of Gilroy> California., and the word "City" shall mean the incorporated area of the City of Gilroy. Section 2.20 Definitions For the purpose of this Ordinance certain terms used herein are defmed as follows; Abandoned sign A sign located on a parcel of land or on a structure either of which is vacant for a period of ninety (90) days, a sign pertaining to a past occupant or business different from the present occupant of or business on the premises, a sign pertaining to a past event or any sign abandoned as the term. is used in the law of California. Abuttin~ Land having a common property line or district boundary line or separated only by a private street, alley or easement. Accessory Building (or structure) A detached building, which is subordinate in area, extent or purpose to that of the main building on the same lot. Accessory Dwelling Unit . A second unit on a parcel occupied by a single-family residential use, equipped with kitchen facilities, and designed for use in conjunction with the main building (residence). Ancillary Use A use which is: 1. Subordinate to and selVes a principal use; 2. Subordinate in area, extent or purpose to the principal use; , 3. Part of a single business for commercial and industrial uses; 4. Contributing to the comfort, convenience or necessity of occupants of the principal use; and 5. Located on the same lot as the principal use. 2-1 SEP-30-2003 13:31 , '. City of GHroy BERLINER COHEN 4089382577 P.06 "'" Zl ,NG ORDINANCE Section 22.10 Statement of Intent The intent of this Industrial Use Table is to clearly and precisely designate pennitted uses 'and conditional uses '\Vithin each of the following districts: Ml LIMITED INDUSTRIAL M2 GENERAL lNDUSTRIAL Section 22.20 Designation of Industrial Uses The Industrial Use Table indicates whether a variety of uses are unconditionally pennirted. permitted only with a conditional use permit from the Planning Commission, or permitted only Wlder special conditions. The Planning Commission, or its designee, shall determine, upon written request, whether Or not any use not listed in the Industrial Use Table is similar in character to a described use for the purpose of applying the district regulations and conditions. 22-1 SEP-30-2003 13:31 BERLINER COHEN 4089382577 P.07 ectioD 22.30 ndustrial , _ Table Revised 9/15/03' "tftd: '''' filrJs . . ' , , . , .', .,) :.."': ",< "',",'.:: '" ':rvf M2 " ' " t$i ., .' ' , ,": '1 . ,'~, .~,: e. '.': '" ,'.'! I\.('~'. Ii \, f. J ~ \ '1 . I I ! I' , , . 0." ~ (I,' .1: ,\ ",,',.(/, I' II ,. ,. \, , I " Aftt".l1",ru'RpJ::Il1' C C Animal HosDital/Kennel C Assemblv Plant - Electronics C X Assemblv Plant - Li~t (ScientificlMedicaD X X AssemblY Plant - Heaw (Vehic1esNesse1slEauinment) X Automobile Renair or Bodv ShOD x x Blacksmithim! X x: Buildino Materials Sales and Stora.2e Establishments c X Cabinet ShOD X X Cafeteria (for emnlovees only) X X Caretaker's Residence I C C Chemical Sunnlv Establishment X Christm~ ~ Tree Lot T T Church or Relieious Institution C Data Processine Establishment X X Dav Care Center c c Distribution Plant :x. Feed or Fuel Yard C X Festival T T Food Processinp Plant C X Haz.Waste TranSDort Recvc1infL Processine:. or Storage Facilitv 1,j,4 C Hosnita.1 or Clinic C C Junkvard X Laboratorv X X Locker Storal!e and Rental X X Lumber Yard X Machine Shoo X X Manufacturin!:! Plant-Electronic Comoonents Plastics Ceramics C X Manufacturim! Plant-HeaVY ',vehicles Eauinment etc.) X ManufacturinQ' Plant-Light {Scientific/Medical) X X Mini..Storae:e Locker StoraQ'e and Rental Facilities X X Office (Comorate) X X Outdoor Amusement or Recreation Facilitv C C Outdoor Booth T T Printinp' Sho'DS X X Public Utilitv Service X X Research and Develooment Facility X X Restaurant C C Sheet Metal Fabrication X Snecific Plan Area Usesz c Truck Service Station Stoo. or Terminal C C Truck Stotaf;!e or Parkine: Yard c x Veterinarian Office C Warehouse Storap'e Facility X X Weldine: Facility X X WI- ' , ~ , ,. . X 1". s I 22-2 SEP-30-2003 13:31 BERLINER COHEN 4089382577 P.08 x = Unconditionally permit C = Permitted only with Conditional Use Peonit gtanted by Planning Commission T -- Temporary Use - See Section 47 (FOOTNOTES FOR INDUSTRIAL USE TABLE) }- 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 (1) year, with a maximum one (1) year extension. One (1) unit for caretaker's quarters is an unconditionally pennitted use when in conjunction with hotels, motels, ambulance services, mini-storage, churches, or hazardous waste processing or storage facilities. 2- In addition to the uses listed as pennitted or conditionally permitted in the M2 district, the following uses IIl3.y be conditionally permitted only where the Planning Commission finds that a) these uses will not generate vehicular trips across U.s. 101 (South Valley Freeway) above that for general indus1rial uses, and b) that the proposed commercial uses will provide service only to people employed within the adjacent industrial areas: professional office, financial institutions, insurance companies, real estate brokers, social service agencies, cocktail lounges, private educational and recreational institutions, entertainment facilities and day care facilities. 3- Not permitted within one thousand 0,000) feet of the exterior limits of any school property or City of Gilroy water well. 4- All hazardous waste transport, recycling. processing and storage facilities must comply with the County of Santa Clara's Hazardous Waste Management 'Plan_ 5. Ancillary retail sales uses include the sales, rental, display, storage. repair and servicing of bulky commodities as part of an existing industrial business. Ancillary retail uses that do not exceed 10% of the gross enclosed floor area for buildings that are 10,000 square feet or less, or ancillary retail uses that do not exce.ed 5% of the gross enclosed floor area for buildings that are larger than 10,000 square feet may be approved by the Planning Division Manager, subject to the definition of "ancillary uses." Ancillary retail sales uses which are not approvable by the Planning Division Manager will require approval of a' Conditional Use Permit. Conditional Use Permit findings on "ancillary retail" sales uses are subject to the following criteria: (a) The floor area used for retail display and sales occupies no more than twenty-five (25) percent of the gross floor area of the building- (b) The area used for retail display and sales is separated from the remainder of the building area by a partition. (c) All retail display and sales uses are conducted within a completely enclosed building. (d) The retail use complies with all parking requirements of Section 31 of this Ordinance. Such uses do not increase the amount of parking or traffic beyond that generally associated with the primary industrial use. (e) The retail use (including any signage, displays and advertising) is in keeping with the industrial character of the district. 22-3 TOTRL P.08 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2003-17 is an original ordinance, or a true and correct copy of a city ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 20th day of October, 2003, at which meeting a quorum was present, and has been published or posted pursuant to law. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 4th day of November, 2003. ~ftdA ;J-<:__-LLc,,- City Clerk of the City of Gilroy (Seal)