Ordinance 2005-03
ORDINANCE NO. 2005-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING MODIFICATIONS TO THE ZONING
ORDINANCE TO PROVIDE CONSISTENCY WITH THE
CURRENT GILROY GENERAL PLAN AND TO CLARIFY AND
SIMPLIFY THE EXISTING ZONING ORDINANCE
WHEREAS, the City of Gilroy proposes to modify Zoning Ordinance sections 2.20,
11.13,19.13,23.13,31.21. 31.40, 31.51, 31.61, 33.20, 33.30, 34.31, 34.32, 35.11, 35.14, 37.24,
37.31,37.41,37.50,39.30, and 40.10 to promote consistency with the current Gilroy General
Plan and to clarify and simplify the existing Zoning Ordinance; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City
Council on June 13,2002, certified the Final Environmental Impact Report ("EIR") and adopted
a Statement of overriding Considerations for the City of Gilroy's General Plan Update prior to
approving the General Plan update; and
WHEREAS, the General Plan Update specifies as a high priority implementing action to
update the Gilroy Zoning Ordinance and Zoning Map to be consistent with the Land Use Plan
Map and related policies of the updated General Plan, and this Zoning Ordinance amendment is
the implementing action; and
WHEREAS, the Planning Commission held a duly noticed public hearing on January 6,
2005, at which time the Planning Commission considered the public testimony, the Staff Reports
dated October 25,2004, November 18,2004, December 22,2004 ("Staff Reports"), and all other
documentation related to application Z 04-06, and recommended that the City Council approve
said application; and
WHEREAS, the City Council held a duly noticed public hearing on January 18,2005, at
which time the City Council considered the public testimony, the Staff Reports, a Follow-Up
Staff Report dated January 7, 2005, and all other documentation related to application Z 04-
06; and
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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:
A. The proposed text amendments are consistent with the intent ofthe goals and
policies ofthe City's General Plan.
B. The proposed text amendments will add clarification in implementing the
requirements ofthe City's Zoning Ordinance.
C. There is no substantial evidence in the record that this project will cause any
significant environmental impacts beyond those already evaluated in the Final EIR for the
General Plan Update.
SECTION II
Based on the above findings, Zoning application Z 04-06 is hereby approved, and
1. Section 31.51, Compact Car Parking, is hereby repealed.
2. The sections and subsections of the Gilroy Zoning Ordinance listed below are
hereby amended to read as follows:
Section 31.60 Off-Street Parking Design Criteria
Section 31.61
All parking stalls shall be delineated by two double painted lines with a one-foot (1')
separator for the full length of each stall.
(a) Each handicap parking stall shall be delineated by blue painted curb and lines, and
shall be clearly labeled in blue paint with the standard handicap symbol or clearly
labeled for "handicapped only".
(b) Each employee parking stall shall be clearly labeled for "employee only".
(c) Each guest parking stall shall be clearly labeled for" guest parking only".
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Ordinance No. 2005-03
Section 39.30 Accessory Structures in Residential Zones, amending subsections (b), (d) and
(f)
(b) No accessory structure shall encroach upon the required front yard area or be located
within ten (10) feet of the property line along side yard on the street side of a corner lot.
Landscape amenities such as arbors, trellises and pergolas may be allowed subject to the
requirements of Section 34.31 (h). Accessory structures located within the front one-half
of the lot must be constructed of materials, colors and architectural design consistent with
the main building.
(d) Accessory structures shall not occupy more than thirty percent (30%) of the lot area; nor
shall accessory structures plus the main buildings on any site occupy more than the
maximum lot coverage, if any specified for the district in which the lot is located. Any
single accessory structure exceeding six hundred (600) square feet in size must be
constructed of the same materials, colors and architectural style as the main residential
building.
(f) No accessory structure shall exceed twenty (20) feet in height, nor shall any accessory
building exceed one (1) story; or two (2) stories providing a Conditional Use Permit is
granted by the Planning Commission. Accessory structures with two stories must
maintain a minimum side or rear yard setback of six (6) feet (ten-foot setback to street
side yards) or maintain setbacks consistent with the main structure iflocated within a
Planned Unit Development. A building permit is required for any accessory structure
that exceeds (12) feet in height.
Section 11.13 Residential Use Table
Agriculture X X X X X X X
Animal Husbandry C C
Animal Services
Boarding X X
Veterinary Hospital X X
Bed\Breakfast Establishment (1-2 rooms) C C C C C C
Boarding or Rooming House X C C C C C
Day Care Center C C C C C C
Family Day Care Home X X X X X X
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Home Occupation
Landscape Nursery
Sale of Farm Products (grown on site)
Subdivision Sales Office T T T T T
Community Garden X X X X
Golf Course or Country Club C C C C
Hospital
Neighborhood Bazaar
Open Space (Recreational)
Private Neighborhood Park, Recreation
Facility
Publicly-Owned Building or Facility X X X X X X
Religious Institution X X X X X X
Schools (Private ::;12 students or Public) X X X X X X
Schools (Private> 12 students) C C C C C C
Accessory Dwelling Unit
Condominiums X X
Duplex X X X X
Mobile Home Park C C X X
Multiple Family Building X X
Residential Care Homes (>6 residents) C C C C C C
Residential Care Homes (<6 residents) X X X X X X
Single Family Dwelling or Modular X X X X X X
Home
Townhouse X X X
X= Unconditionally permitted
C= Permitted only with Conditional Use Permit granted by Planning Commission
D= Permitted subject to the approval of the Planning Manager
T= Temporary Use - See Section 47
1- Accessory Dwelling Units must meet the following conditions:
(1) The unit is not intended for sale and may be rented.
(2) The lot contains an existing single family detached unit.
(3) The second unit may be detached from the existing residence, with the provision of one additional
parking space.
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(4) The accessory dwelling unit shall be limited to a single-story, one-bedroom unit with the overall
floor area not to exceed six hundred (600) square feet in size, not including garage areas. A
second story unit may be allowed subject to an approved Conditional Use Permit.
(5) Any construction shall conform to height, setback, lot coverage, architectural review, site plan
review, fees, charges, and other zoning requirements generally applicable to residential
construction in the zone in which the property is located.
(6) The accessory unit shall be serviced by existing sewer and utility connections,
no additional water, gas, or electric meters shall be permitted.
2- Permitted only if the regulations of Section 40 of this Ordinance are met.
3- A duplex dwelling is permitted when all of the following conditions are met:
(1) The duplex dwelling shall be located on a comer lot only; and
(2) The comer lot shall have a minimum area of eight thousand (8,000) square feet and be so
designated for a duplex unit on a tentative and final map; and
(3) The duplex shall not increase the overall density within any given land subdivision beyond the
maximum of seven and one-fourth (7.25) dwelling units per net acre.
4- An Accessory Dwelling unit is permissible on a R2 parcel when the following conditions can be met:
(1) The parcel is currently developed with only one (1) single family dwelling; and
(2) The accessory dwelling unit takes the place of any future second dwelling unit on the property.
5- Conditional Use Permit required unless otherwise allowed through an approved Planned Unit
Development.
Section 40.10 Statement of Intent
The intent of the Home Occupation regulations is to allow for the orderly, safe, and nuisance-
free development of a use or occupation within a dwelling unit which is clearly incidental and
subordinate to the use of the dwelling for residential purposes. It is the intent of these
regulations to reduce the impact of a home occupation to the degree that its effects on the
neighborhood are undetectable from normal and usual residential activity.
Home occupations, as defined by this Section, may be conducted in any residential, commercial,
or agricultural district, provided such occupations are in compliance with the regulations set forth
in this Section and all other standards and regulations pertaining to permitted uses within the
zoning district in which the home occupation is located.
Section 19.13 Commercial Use Table
Adult Businesses
Animal Services
Animal Boarding
Animal Grooming
Animal Hospital/Veterinary Office
c
x
c
x
c
c
X
X
c
X
X
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Antique Shop X X X X X
Appliance Repair X X~ X X
Arcade X X X
Art Studio or Gallery X X X X
Automobile Services
Auto Body Repair & Painting C
Automobile Parts Sales X X X X
Automobile Repair X X X
Automobile Sales X X X
Automobile Sales, Temporary b C C C C
Car Wash X X
Gasoline Station C X X X
Tire Shop C X X X X
Bank C X X X X
Bakery X X X C X
Bed and Breakfast Establishment X X X X X
Boat Sales X X
Bowling Alley X X X
Building Materials Sales and Storage X X
Card Room C C C
Clothing Sales/ Service Establishment X X X X
Contractor's Yard X
Dance Hall X X X
Desktop Publishing/Copy Shop X X X~ X X
Feed or Fuel Store C C X
Festival T T T T
Grocery Store or Deli X X X X
GymnasiumlHealth Studio X X X X
Home OccupationlU X X X X X
Hotel, Motel X X X X
Laboratory (Research) C C X~ X X
Landscape Nursery X X
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Liquor Sales (On site consumption) C C X X X
Liquor Sales (Off site consumptionf C C X X X
Medical or Dental Office/Clinic X X Xl:; X X
Mortuary or Crematory C C X X
Newspaper Printing Facility X
Office X X Xl:; X X
Outdoor Amusement! Recreation C C C C
Parking Lot X X X X
Pawn Shop or Auction House X X X
Personal Services II X X X X
Pool & Billiards Establishment X X C
Printing! Sign Painting Establishment XIS X X
Restaurant X X X X X
Retail Sales Establishments X X X C X
Theater X X X X
Therapy Clinic (licensed provider) X X XIS X X
Tow Yard C
Travel Trailer or Camping Facility C
Light Industrial Uses Permitted in Ml X
Plumbing or Sheet Metal Shop X
Pottery and Ceramics Manufacturing X
Truck Stop C C
Ambulance Service X X X X
Religious Institution X X XIS X C
Community Center C XIS X X
Day Care Center C X XIS X C
Hospital, Rest Home, Sanitarium C C X X
Lodge, Club, or Fraternal Hall C C XIS X X
Public Facility X X XIS X C X
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Bazaar
Christmas Tree Lot
Outdoor Booth/Sales
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
x = Unconditionally permitted
T = Temporary Use - See Section 47
C = Permitted only with Conditional Use Permit granted by Planning Commission
1- Conditionally permitted in the C3 District except for C3 property that is part of a block which abuts First
Street, and in accordance with the requirements set forth in Section 28.
2- 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 permitted use when in conjunction with hotels, motels, bed and breakfast establishments,
ambulance services, churches or mini-storage facilities.
3- Commercial uses proposed east of the South Valley Freeway, on property zoned C3 (Shopping Center
Commercial), shall meet the following findings prior to establishment:
(a) The intent of the proposed business is to merchandise products and/or provide services to a clientele
base which represents a regional draw; and
(b) A regional draw shall mean a clientele base with at least seventy-five percent (75%) of the customers
residing outside the City limits.
4- The requirement for a Conditional Use Permit does not apply to businesses whose primary use is the
preparation and service of food.
5- Residential units may be allowed in conjunction with an existing business. Residential units in the C2 and
C3 zones may be allowed when located on the second or third floor of a building. More than one
residential unit may be allowed upon approval of a Conditional Use Permit pursuant to Section 50.30. All
residential unit projects within commercial zones shall comply with the following guidelines:
(a) The number residential units shall not compromise the quality or character of any
existing or proposed businesses located on the same property;
(b) The number of residential dwellings shall be limited by the availability and provision of off-street
parking stalls;
(c) All bedrooms proposed for residential use shall meet minimum square footage requirements in
compliance with the Uniform Building Code; and
(d) Open space shall be provided, when feasible.
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6- A Conditional Use Permit may be granted to an auto-related sales business for up to four (4) temporary
auto sale events on the same property within one (1) calendar year.
7- Uses allowed in the Ml zoning district subject to a Conditional Use Permit are also subject to Conditional
Use Permit in the CM zoning district.
8- These uses are unconditionally permitted on the second story and above. Anytime these uses are proposed
for the first floor (sidewalk level), a Conditional Use Permit is required.
9- Requests for new ABC liquor licenses is subject to review and approval of the City's ABC Committee and
the Chief of Police.
10- Permitted only if the regulations of Section 40 of this Ordinance are met.
11- Commercial uses providing needed services of a personal nature. Personal services generally include
barber and beauty shops, nail salons, tanning and spa salons, seamstresses, tailors, shoe repair shops, dry
cleaning (except bulk processing plants), and self service laundries.
Section 33.20 Storage, All Non-Residential Zones
An operable recreational vehicle or trailer may be parked for storage in all zones, where the
vehicle belongs to the property owner or the property owner provides written permission as
follows:
(a) Parking is permitted inside any enclosed structure, which structure otherwise conforms to
the zoning requirements of the particular zone, where located;
(b) Parking is permitted outside in a side yard or rear yard, provided it is not nearer than two
(2) feet to the lot line;
(c) Parking is permitted only for storage purposes, and any recreational vehicle or trailer
shall not be:
(1) Used for dwelling purposes.
(2) Permanently connected to sewer lines, water lines, or electricity, except for a
temporary electrical connection for charging batteries and other purposes. The
use of electricity or propane fuel is permitted when necessary to prepare a
recreational vehicle for use.
(3) Used for storage of goods, materials, or equipment other than those items
considered to be part of the unit or essential for its immediate use.
(d) A recreational vehicle may be parked temporarily anywhere on the premises during
active loading or unloading.
(e) The vehicle does not block access to or occupy any required parking spaces.
Section 33.30 Residential Zones
In residential zones, recreational vehicles, boats and trailers shall be parked for storage only on
property on which the vehicle's owner resides. In a Rl zone, parking for storage is permitted
outside a structure in the front yard on a paved, graveled, or approved alternative material
driveway, provided all of the following conditions exist:
(a) Space is not available in the rear yard or side yard, or the lot is not on a corner and had no
reasonable access to either the side yard or rear yard;
(b) Inside parking is not possible;
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( c) The vehicle is parked perpendicularly to the front curb;
(d) No part of the vehicle extends over the public sidewalk or public thoroughfare (right-of-
way);
(e) No more than one (1) recreational vehicle or trailer is parked in the front yard of each
residential unit;
(f) The vehicle is parked at least three (3) feet from side property lines; and
(g) The vehicle does not block access to or occupy any required parking spaces.
Section 34.31 Residential Districts, amending subsection (h)
(h) Landscape amenities such as arbors, trellises and pergolas shall be limited to eight
(8) feet in height in the front-yard setback and shall not create any safety hazards
by blocking the view for traffic or pedestrians.
Section 2.20 Definitions, amending "Accessory Building" and "Accessory Dwelling Unit"
and adding "Personal Services"
Accessory Building ( or structure)
Buildings, both permanent and temporary, which are:
1. Located on the same lot as the principal building or use;
2. Subordinate to and serve a principal building or principal use;
3. Subordinate in area, extent, or purpose to the principal building or principal use; and
4. Contribute to the comfort, convenience, or necessity of occupants of the principal
building or principal use.
Accessory Dwelling Unit
An additional dwelling unit located on a lot zoned for Single-family Residential uses having
sleeping, kitchen and sanitation facilities and being attached to or detached from an existing
single-family dwelling located on the same lot.
Personal Services
Commercial uses providing needed services of a personal nature. Personal services generally
include barber and beauty shops, nail salons, tanning and spa salons, seamstresses, tailors, shoe
repair shops, dry cleaning (except bulk processing plants), and self service laundries.
Section 31.21 Residential Use Off-Street Parking Requirements, clarifying "Accessory
dwelling units"
Accessory dwelling units (detached)
One (1) stall per unit
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Section 23.13 Industrial Use Table
c c c
c X
X X
e Establishments X X
X X X
X X
X X X
C C
X X X
X X
C X
X C C
X
X
X
X
X X
X
X X X
X
C X
C X
C
X
X X
X X
X X
C C X
X
X X X
X X
X X X
X
C X
or Terminal C C
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Truck Stora
Truck Stop
Warehouse Stora
Weldin Facilit
Wholesale Establishments
Wrecking Yard or Dismantling Facility
C
X
C
Caretaker's Residence
Christmas Tree Lot
Festival
Outdoor Booth
T
T
X = Unconditionally permitted
C = Permitted only with Conditional Use Permit granted by Planning Commission
T = Temporary Use - See Section 47
1- If a caretaker's residence is in a trailer, recreational vehicle, 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 permitted 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 permitted or conditionally permitted in the M2 district, the following uses
may 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 industrial 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 (1,000) 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
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gross enclosed floor area for buildings that are 10,000 square feet or less, or ancillary retail uses that do not
exceed 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.
6- Corporate offices are allowed in the M2 district when in conjunction with an otherwise allowed industrial
use for the district.
Section 35.14 Permits Required. amendin2 subsection H.
H. Notification. Except for exempt facilities listed in Section 35.13 and Wireless
Telecommunication Facilities that are in commercial or industrial zone districts and at
least 500 feet from a residential dwelling, all residential property owners within five
hundred feet (500') of a property on which a Wireless Telecommunications Facility is
proposed shall be notified of the Wireless Telecommunication Facility application as
provided in Section 51.31 of the City of Gilroy Zoning Ordinance. Applicants for
Wireless Telecommunication Facilities that are proposed in industrial or commercial
zone districts and are within 500 feet of a residential dwelling shall provide notification
to all residential uses in the 500-foot radius from the property boundaries of the proposed
facility pursuant to the procedures in Section 51.32 (Notices) of the City of Gilroy
Zoning Ordinance.
Section 37.24 Exemptions. amendin2 subsection (0
(f) Temporary banners, and similar advertising devices located over private property to
advertise business opening, sales and special promotions which are maintained for a
consecutive period ofless than thirty (30) calendar days. No more than three (3) such
signs shall be allowed for each business. Their size shall not exceed thirty (30) square
feet each or ninety (90) square feet total. The total area for all permanent and temporary
signs shall not exceed one hundred thirty (130) percent of the maximum allowable
signage for the business. Such signs shall not be replaced within ninety (90) calendar
days after removal.
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Section 37.31 Prohibited Si2ns, amendin2 subsection (Q) and addin2 subsection (ee)
(q) Placards, posters, announcements and similar signs attached to any fence, pole, tree or
any other object along the right-of-way of a public thoroughfare, except those of an
official nature authorized by a City Ordinance.
(ee) Signs advertising business phone numbers or web site addresses along with business
identification.
Section 37.50 Si2ns in Commercial and Industrial Districts, amendin2 subsection (2)
(g) Readerboard signs in commercial districts shall be permitted only to the extent that they
conform with and are included in the total sign area permitted for a business in that
district. Menu readerboards for drive-thru restaurants are exempt when consistent with
the requirements of Section 37.24 (t).
Section 37.41 Si2ns in Residential Districts, amendin2 subsection (c)
(c) Signs advertising a new residential development having five (5) or more units for sale or
lease, may locate one (1) freestanding or wall on-site sign, up to thirty-two (32) square
feet in area plus locate up to three (3) off-site directional signs, located on private
property within Gilroy, up to thirty-two (32) square feet each. Such signs shall be non-
illuminated, with a maximum height of eight (8) feet. Such signs shall be removed
immediately after completion of sales or lease or after one (1) year, whichever occurs
first, unless granted an extension by the Planning Director.
S f 3750S'
. C
. I dId
. ID'
ec .on . l~ns III ommerCIa an n ustna lstncts
COLUMN 1 COLUMN 2
Maximum total sign area Maximum total sign area
permitted (in square feet) for permitted (in square feet)
each lineal foot of building regardless of building
frontage frontage (except as provided
in subsection f)
PO District N/A 35
C 1 District 1 1/2 75
C2 District 2 75
C3, HC, CM 1 1/2 150
Ml,M2 1 350
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Section 34.32 Commercial and Industrial Districts. amendin2: subsection (a)
(a) Fences or walls higher than three (3) feet shall not be built within the required front or
street side yard landscape buffer setback. Any fences or walls higher than three feet
within the required front or street side setback shall not block any vehicular or pedestrian
visibility.
Section 35.11 Definitions. amendin2: "Major Modification to Power Output"
Major Modification to Power Output - Any of the following resulting in an increase in the
wireless communication facility's power output and/or increase in the intensity or change in the
directionality of NIER propagation patterns: increase or intensification, or proposed increase or
intensification, in power output or in size or number of antennas; repositioning of antenna(s);
change in number of channels per antenna above the maximum number previously approved by
the City of Gilroy, including changes to any/all RF-generating equipment/componentry that are
attached to antennas.
Section 31.40 Off-Street Parkin2: Dimension Table
OFF-STREET PARKING DIMENSION TABLE
PARKING STALL STALL ONE- STALL CURB ONE TWO
ANGLE WIDTH DEPTH WAY TO LENGTH ROW ROWS
AISLE CURB PER PLUS PLUS
STALL AISLE AISLE
A B C D E D+C 2D+C
900 9'0" 18'0,,3 25' 0" 18'0" 9'0" 43'0" 61' 0"
9'6" 18'0,,3 23'6" 18'0" 9'6" 41'6" 59'6"
10' 0" 18'0,,3 22'0" 18'0" 10'0" 40'0" 58'0"
600 9'0" 18'0,>J 16'0,,1 19'6" 10'6" 35'6" 55'0"
9'6" 18'0,,3 15 '0,,2 19'6" 11'1" 34'6" 54'0"
1 0'0" 18'0,,3 15 '0,,2 19'6" 11' 8" 34'6" 54'0"
450 9'0" 18'0,,3 13 '0,,1 18' 0" 12'9" 31' 0" 49'0"
9'6" 18 '0,,3 13 '0,,2 18' 0" 13'5" 30'0" 48'0"
10'0" 18 '0,,3 13 '0,,2 18' 0" 14'2" 30'0" 48'0"
00 18' 0" 8'0" 20'0" 8'0" 22'0" 28'0" 36'0"
1- When the parking stall is adjacent to a fixed object (wall, pole, etc) the stall width shall be one (1) foot wider to accommodate
door swing.
2- Twenty-foot (20) minimum for two-way circulation
3 Overhang into landscape or sidewalk areas may be allowed subject to the requirements of Section 3/.62..
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o
&
B
A
&
E
c
E
c
Angled Parking
900 Perpendicular Parking
J:&D ~
~
..
I
~ ~
o. PARALLEL PARKING
MINIMUM TURNING RADII
INSIDE CURVE: 16' 0"
OUTSIDE CURVE: 23' 0"
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
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This Ordinance shall be in full force and effect thirty (30) days after the date of its
passage and adoption.
PASSED AND ADOPTED this 7th day of March, 2005 by the following
AYES:
COUNCILMEMBERS:
CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, VELASCO and
PINHEIRO
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
APPROVED:
~~
ert Piiilieiro, Mayor
ATT,T:
,/ , (~J, '
/Ll1li!tJ\.... J- ~J::.-~~.1'-
Rhonda Pellin, City Clerk
18B01650097.1
021505-04706002
-17-
Ordinance No. 2005-03
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2005-03 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
7th day of March, 2005, 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 11th day of March, 2005.
(Seal)