Ordinance 2005-19
ORDINANCE NO. 2005-19
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF GILROY AMENDING THE GILROY ZONING
ORDINANCE SECTION 2.2, "DEFINITIONS," AND
SECTION 39.30, "ACCESSORY STRUCTURES IN
RESIDENTIAL ZONES," TO REGULATE MEMBRANE
ACCESSORY STRUCTURES
WHEREAS, the City of Gilroy submitted application Z 05-05 to amend the text
of Gilroy Zoning Ordinance by amending Section 2.2, "Definitions," to include a
definition of "Membrane Accessory Structure," and amending Section 39.30, "Accessory
Structures in Residential Zones" to add subsection (i) to regulate freestanding membrane-
covered accessory structures; 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 June
2, 2005, at which time the Planning Commission considered the public testimony, the
staff report dated May 24, 2005 ("Staff Report"), and all other documentation related to
application Z 05-05, 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 June 3, 2005, and all other documentation related to
application Z 05-05; 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:
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Ordinance No. 2005-19
SECTION I
The City Council hereby finds:
A. The project is consistent with the City's Zoning Ordinance.
B. The project is consistent with the intent of the goals and policies of the
City's General Plan document.
C. There is no substantial evidence in the entire record that the project will
have a significant effect on the environment.
D. The project will help protect the aesthetics of residential
neighborhoods.
SECTION II
Based on the above findings, zoning application Z 05-05 is hereby approved,
amending the Gilroy Zoning Ordinance as follows:
A. The following definition is added to the text of Zoning Ordinance Section
2.2, "Definitions":
Membrane Accessory Structure.
An accessory structure covered by a thin, soft, or pliable sheet or
layer, such as canvas, plastic, metal or fabric.
B. Subsection (i), which reads as follows, is added to Section 39.30,
"Accessory Structures in Residential Zones":
(i) Freestanding membrane-covered accessory structures,
including ridged framed canvas-covered carports and cabanas,
may be allowed in residential zones, provided they meet all
requirements for accessory structures, as well as the following
added restrictions:
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Ordinance No. 2005-19
a. A membrane accessory structure shall not be constructed
within the front one-half of the lot on which it is located, or
within ten (10) feet of the property line along the side yard
on the street side of a corner lot.
b. The membrane roof or side coverings must have all edges
fastened and restrained with sufficient tension to prevent
movement or flapping of the membrane material in winds,
up to the design standard for wind in this area.
c. Structural supports shall not encroach into any required
setback areas.
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 1 st day of August, 2005, by the following vote:
AYES:
COUNCIL MEMBERS:
CORREA, DILLON, GARTMAN,
MORALES, VALIQUETTE, AND
PINHEIRO
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
VELASCO
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Ordinance No. 2005-19
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Rhonda Pellin, City Clerk
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APPROV
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Ordinance No. 2005-19
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2005-19 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
I st day of August, 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 26th day of September, 2005.
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City Clerk of the City of Gilroy
(Seal)