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Ordinance 2005-17 ORDINANCE NO. 2005-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE GILROY ZONING ORDINANCE TO ADD SECTION 30, "ND NEIGHBORHOOD DISTRICT," TO AMEND SECTION 11, "RESIDENTIAL TABLES," AND TO AMEND THE ZONING MAP TO IMPLEMENT THE NEIGHBORHOOD DISTRICT GENERAL PLAN LAND USE DESIGNATION WHEREAS, the City of Gilroy submitted application Z 05-04 to amend the text of the Gilroy Zoning Ordinance to amend the Gilroy Zoning Ordinance to add Section 30, "ND Neighborhood District"; to amend Section 11, "Residential Tables"; and to amend the Zoning Map to implement the Neighborhood District land use designation in the City's General Plan; and WHEREAS, the zone change request Z 05-04 applies to property identified as APNs 790-06-029, -030, -033; 790-07-001, -013; 790-08-005, -009; 808-18-003, -014, - 015, -016, -017, -018; 808-19-008, -009, -010, -011; and 808-43-001, -002, -003, -004,- 005, -006; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City Council on June 13, 2002, by Resolution No. 2002-41 certified an Final Environmental Impact Report (Final EIR) in connection with General Plan update application GP A 99-01 that applies to this project, the City Council finding that (a) the Final EIR was completed in compliance with CEQA; (b) the Final EIR was presented to the City Council and the City Council reviewed and considered the information contained in the Final EIR prior to approving the project; and (c) the Final EIR reflects the independent judgment and analysis ofthe City; and IG801660710.1 060705-04706089 -1- Ordinance No. 2005-17 WHEREAS, pursuant to CEQA, the City Council also by Resolution No. 2002- 41, made findings for each significant environmental impact and adopted a Statement of Overriding Considerations in connection with this project regarding the unavoidable impacts and the anticipated benefits of the project, and adopted the mitigation measures in the Final EIR and a Mitigation Monitoring Program; and WHEREAS, the Planning Commission held a duly noticed public hearing on May 5, 2005, at which time the Planning Commission considered the public testimony, the staff report dated April 27, 2005 ("Staff Report"), and all other documentation related to application Z 05-04, and recommended that the City Council approve said application; and WHEREAS, the City Council held a duly noticed public hearing on June 6, 2005, at which time the City Council considered the public testimony, the Staff Report, a follow-up staff report dated May 10, 2005, and all other documentation related to application Z 05-04; 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 OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I The City Council hereby finds: A. The project provides consistency of the City's Zoning Ordinance and map with the City's General Plan document and land use map. B. The project is consistent with the intent of the goals and policies of the General Plan. IG801660710.1 060705-04706089 -2- Ordinance No. 2005-17 C. To the extent feasible, the project will mitigate significant environmental impacts. The City Council adopted a Statement of Overriding Considerations pursuant to CEQA regarding unavoidable environmental impacts. D. The proposed Zoning amendments implements the Neighborhood District land use designation of the General Plan by codifying the Neighborhood District zoning category, which will allow the City to adopt a Neighborhood District Policy that will set forth standards and guide development of properties with a Neighborhood District General Plan designation. SECTION II Based on the above findings, zoning application Z 05-04 is hereby approved, amending the Gilroy Zoning Ordinance as follows: A. The text of the Zoning Ordinance is hereby amended to add Section 30, ND Neighborhood District, and to amend Section 11, Residential Tables, to read as stated in Exhibit "A," attached hereto and incorporated herein by this reference. B. The Gilroy Zoning Map is hereby amended to change the zOlllng designation to ND Neighborhood District on APNs 790-06-029, -030, - 033; 790-07-001, -013; 790-08-005, -009; 808-18-003, -014, -015, -016, - 017, -018; 808-19-008, -009, -010, -011; and 808-43-001, -002, -003, - 004, -005, -006 as shown on Exhibit "B," attached hereto 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 IG801660710.1 060705-04706089 -3- Ordinance No. 2005-17 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 18th day of July, 2005, by the following vote: AYES: COUNCIL MEMBERS: CORREA, DILLON, GARTMAN, MORALES, V ALIQUETTE, and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VELASCO APPROVED: ~ fi e Pinheiro, Mayor ATTfT: \ =A /// ,'-.;) -~- IZft (C-'{C( Rhonda Pellin, City Clerk " !d" {" IG801660710.1 060705-04706089 -4- Ordinance No. 2005-17 City of Gilroy e..-.- . .-' (' LONING ORDINANCE SECTION 30 ND NEIGHBORHOOD DISTRICT ..J Section 30.10 Statement of Intent The Neighborhood District intends to create neighborhoods that are attractive, safe, diverse, and healthy, containing housing that is affordable to a variety of income groups, thereby enhancing the quality of life for all Gilroy residents. In addition, through the Neighborhood District, the City hopes to promote a more integrative, comprehensive, and creative approach to neighborhood planning. Specifically, the Neighborhood District intends to: ~ Create neighborhoods that are predominantly single family in character, but which integrate different types and prices of housing to meet the full range of housing needs. ~ Ensure that the City's affordable housing goals and objectives are met. ~ Encourage innovative site and building designs that contribute to the overall attractiveness and livability of Gilroy. ~ Promote walking, biking, and public transit as alternative modes of transportation. ~ Integrate neighborhood-serving facilities and amenities such as schools, parks, and community gathering places to meet residents' needs, promote a sense of community, and provide for a high quality of life. ~ Encourage the creation of neighborhood-serving commercial centers that are within walking distance of residential neighborhoods and which are sited and designed to protect the neighborhood's character and residential quality. ~ Encourage residential neighborhood designs that reduce traffic speeds and volumes and control noise. Section 30.20 Permitted Uses and Conditional Uses Land in the Neighborhood District zone may be used as specified by the Master Plan or Specific Plan adopted for each Neighborhood District area. Each Neighborhood District area must have a mixture of low, medium, and high density residential uses as describe in Section 30.40, below. The Neighborhood District zone encourages other uses compatible with residential uses, including parks, schools, and neighborhood-serving commercial facilities. Section 30.30 Site and Building Requirements The Lot, Yard, Height and Additional Requirements in the Neighborhood District zone shall be established by the Master Plan or Specific Plan adopted for each Neighborhood District area. EXHIBIT A Section 30.40 Density The minimum density in the Neighborhood District shall be as follows: Minimum Densities The minimum densities for residential land use in the Neighborhood District (excluding land required for streets, schools, parks, resource protection, neighborhood commercial, or other infrastructure and/or amenities) shall be at least: ~ 5 percent at a density of 7.25 to 9 units/acre ~ 10 percent at a density of 9 to 16 units/acre ~ 3 percent at a density of 16 to 30 units/acre A maximum of eighty-two percent (82%) of each Neighborhood District may be constructed at a density of 7.25 units per acre or less. Target Densities The target mix for residential land uses in the Neighborhood District (excluding land required for streets, schools, parks, resource protection, neighborhood commercial, or other infrastructure and/or amenities) shall provide for at least: ~ 10 percent at a density of 7.25 to 9 units/acre ~ 15 percent at a density of 9 to 16 units/acre ~ 5 percent at a density of 16 to 30 units/acre Section 30.50 Site Design Requirements Projects within the Neighborhood District zone shall be designed in accordance with the site design requirements adopted for the Neighborhood District area in which the project is located. EXHIBIT A City of Gilroy 8 LJONING ORDINANCE SECTION 11 RESIDENTIAL TABLES Section 11.10 RESIDENTIAL USE TABLE Section 11.11 Statement of Intent The intent of this Residential Use Table is to clearly and precisely designate permitted uses and conditional uses within each of the following districts: Al AGRICULTURE DISTRICT RR RURAL RESIDENTIAL_DISTRICT Rl SINGLE FAMILY RESIDENTIAL DISTRICT R2 TWO-FAMILY RESIDENTIAL DISTRICT R3 MEDIUM DENSITY RESIDENTIAL DISTRICT R4 HIGH DENSITY RESIDENTIAL DISTRICT RH RESIDENTIAL HILLSIDE DISTRICT ND NEIGHBORHOOD DISTRICT Section 11.12 Designation of Residential Uses The Residential Use Table indicates whether a variety of uses are unconditionally permitted, permitted only with a Conditional Use Permit from the Planning Commission, or permitted only under special conditions. The Planning Commission, or its designee, shall determine, upon written request, whether or not any use not listed in the Residential Use Table is similar in character to a described use for the purpose of applying the district regulations and conditions. EXHIBIT A Section 11.13 Residenual Use Table - Accessory Building Temporary Building - Agriculture X X X X X X X * Animal Husbandry C C * Animal Services * Boarding 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 * Home Occupation2 D D D D D D * Landscape Nursery C * Sale of Farm Products (grown on site) C * Subdivision Sales Office T T T T T * y;;y;;; 'Y; ; "",';; Community Garden X X X X X X * Golf Course or Country Club C C C C C C * Hospital C C * Neighborhood Bazaar T T T T T * Open Space (Recreational) X X X X X X * Private Neighborhood Park, Recreation C5 C5 C5 C5 C5 C5 * Facility Publicly-Owned Building or Facility X X X X X * X Religious Institution X X X X X X * Schools (Private S 12 students or Public) X X X X X X * Schools (Private> 12 students) C C C C C C * ,'JrJrlsYJrJyl["jl;, .;;r (i;;l(i,;;;l; ;, ,lJfrr1Y;1; . ..... 'Yrrll;';/; Accessory Dwelling Unit X X X X * Condominiums X X X * Duplex Xj 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 * EXHIBIT A 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 * = Refer to the Master Plan or Specific Plan adopted for the Neighborhood District area in which the property is located 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. (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. EXHIBIT A SECTION 11.20 RESIDENTIAL SITE AND BUIWING REQUIREMENT TABLE Section 11. 21 Statement of Intent The intent of the Residential Site and Building Requirements Table is to clearly and precisely establish the basic site and building regulations, which shall apply to all developments in each of the following districts: Al AGRICULTURE RR RURAL RESIDENTIAL_DISTRICT Rl SINGLE FAMILY RESIDENTIAL DISTRICT R2 TWO FAMILY RESIDENTIAL DISTRICT R3 MEDIUM DENSITY RESIDENTIAL DISTRICT R4 HIGH DENSITY RESIDENTIAL DISTRICT ND NEIGHBORHOOD DISTRICT (Site and building requirements for the RH RESIDENTIAL HILLSIDE DISTRICT shall be approved in accordance with the procedures established in Section 50.50, PUD Planned Unit Development Combining District.) Section 11. 22 Designation of Residential Site and Building Requirements The figures in the Residential Site and Building Requirement Table establish lot, yard, and height requirements for each of the residential zoning districts. The table also indicates where additional side and building requirements, including, but not limited to, off-street parking, landscaping, signing, fences and obstructions, and performance standards, apply to residential zoning districts. EXHIBIT A Section 11.23 Residehual Site and Building Requirement Table LOT REQUIREMENTS Lot Size in Square Feet (minimum)! 20 ac 2.5 ac 6000 80004 8000 12000 * Building Coverage (maximum) none none none none none none YARD REQUIREMENTS (Minimum setbacks in feet) Front 152 152 152 152 152 152 * Side (Adjacent to street) 10 10 10 10 12 12 * Side (All other side yards) 12 12 63 63 12 12 * Rear 156 156 156 156 156 156 * HEIGHT REQUIREMENTS (Maximum) Building Height in Feet 35 35 35 35 45 75 * Number of Stories 2 2 2 2 3 6 * ADDITIONAL REGULATIONS (PART II) YES YES YES YES YES YES YES Off-Street Parking, Sec. 31 YES YES YES YES YES YES YES Fences, Sec. 34 YES YES YES YES YES YES YES Signs, Sec. 37 NO NO NO YES YES YES YES Landscaping, Sec. 38 ESTABLISHED DEVELOPMENT POLICIES YES YES YES YES YES YES YES Consolidated Landscaping Policy YES YES NO NO NO NO NO Hillside Development Guidelines5 NO NO NO YES YES YES YES Residential Condominium Policy 1 - The minimum lot size shall not preclude the use of condominiums, clustered homes, mobile homes, or other innovative housing development, which conforms to the density limitations of the zoning district. 2 - Garage setbacks must be a minimum of twenty (20) feet from the front property line. 3 - For dwellings located within new subdivisions (after the effective date of this Ordinance), containing five (5) or more lots, the total width of the two side yards for anyone lot in an R 1 or R2 district must equal twelve (12) feet. For structures in existence on the effective date of this Ordinance, a six-foot side yard setback shall be maintained, unless a smaller side yard has been allowed by a variance, planned unit development, or pre-existing, non-conforming use. 4- 7000 sq.ft. for pre-existing lots created prior to September 15, 1983; and 6000 sq.ft. for one (1) single family dwelling. ~- Also applies to RH district. 6- Rear yard setbacks may be reduced to ten (10) feet to accommodate a five (5) foot encroachment for rear yard patio covers. *- Residential site and buildine: re~uirements shall be established bv the Master Plan or Specific Plan for the Neie:hborhood District area in which the property is located. EXHIBIT A EXHIBIT B ~ - - II ~ <=> <=> ::: C> - ~, ~ "- ',--- ,11 'n_ I . II i- IJ , ,- -= Ii ~- \ \ \ \' I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2005-17 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 18th day of July, 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 10th day of August, 2005. ;1 ~I(-!;; N ,I , ~~ ( ,_, City Clerk of the City of Gilroy (Seal)