Ordinance 2006-05ORDINANCE NO. 2006 -05
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF GILROY AMENDING GILROY ZONING
ORDINANCE SECTIONS 11.23, 19.23, 23.23, AND 39.30
TO ACCOMMODATE REVISED CITY RIGHT -OF -WAY
STANDARDS FOR NEW DEVELOPMENT
WHEREAS, the City of Gilroy ( "City ") submitted application Z05 -06 to amend
Gilroy Zoning Ordinance sections 11.23, 19.23, 23.23, and 39.30 to accommodate new
City -wide right -of -way standards for new development; and
WHEREAS, the City Council in 2005 directed staff to research the feasibility of
modifying the existing right -of -way standards to exclude sidewalks, parking strips, and
landscaping from the public right -of -way; and
WHEREAS, a Right -of -Way Task Force comprising members of all City
Divisions, the development community, the Parks and Recreation Commission, and
citizens -at- large, recommended revised right -of -way standards that require new
residential, industrial, and commercial lots to retain ownership of an approximate 11 -foot
strip of land that incorporates sidewalks, parking strips, and street trees; and
WHEREAS, conferring ownership of this land to the property owner rather than
being held in public ownership will move the property line for development on new
parcels out to the face of the curb; and
WHEREAS, to retain the same relative setback and lot size requirements as
currently are required, the Zoning Ordinance must be adjusted to increase front -yard and
side -yard (adjacent to the street) setbacks and increase lot sizes to ensure no density
increases result from the increased 16 -foot length of the lots that results from the addition
of the approximately 11 foot strip of land for sidewalks, parking strips; and street trees;
and
WHEREAS, the change to the location of the property line will not have any
material effect on the location of main usable buildings or the usable lot area; and
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Ordinance No. 2006 -05
WHEREAS, the California Environmental Quality Act ( "CEQA ") provides a
categorical exemption for minor alternations 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 July
7, 2005, at which time the Planning Commission considered the public testimony, the
staff report dated June 30, 2005 ( "Staff Report"), and all other documentation related to
application Z 05 -06, and recommended that the City Council approve said
application; and
WHEREAS, the City Council held a duly noticed public hearing on January 23,
2006, at which time the City Council considered the public testimony, the Staff Report, a
follow -up staff report dated September 12, 2005, and all other documentation related to
application Z 05 -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.
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 is consistent with the intent of the goals and policies of the
City's General Plan document.
B. The project is consistent with the intent of the City's Zoning
Ordinance.
C. There is no substantial evidence in the entire record that the project will
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cause any significant environmental impacts.
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Ordinance No. 2006 -05
D. The project will not impact the aesthetics of residential, industrial, or
commercial areas.
E. The project will bring the Zoning Ordinance into compliance with the
City's revised Right of Way Standards and Specifications for Public
and Private streets adopted by City Council Resolution No. 2006 -09.
SECTION II
Based on the above findings, zoning application Z 05 -06 is hereby approved, and
the following amendments are made to the Gilroy Zoning Ordinance sections 11.23,
19.23, 23.23, and 39.30 respectively:
Section 11.23, Residential Site and Building Requirement Table
The sections of the Residential Site and Building Requirement Table entitled
"LOT REQUIREMENTS" and "YARD REQUIREMENTS" and footnote 2 are amended
as follows:
LOT REQUIREMENTS
Lot Size in Square Feet (minimum)'
(Lots created prior to September
2005)
Lot Size in Square Feet (Lots created
after September 2005)
YARD REQUIREMENTS
(Minimum setbacks in feet
Measured from the face of curb)
Front
Front (Cul -de -sac Lots)
Side
Side (All other side yards)
Rear
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20 ac 1 2.5 ac 1 6000
20 ac 1 2.5 ac 1 6660
:111 :111 111
8880 1 8880 1 13320
X262
45-262
4 -5-262
45
4-5
4-5-26 2
222
222
222
262
262
222
4-021
4-021
4-021
222
222
4-221
12
12
63
4-0221
44221
12
156
156
156
63
12
156
Ordinance No. 2006 -05
15 15
2 - Garage setbacks must be a minimum of twenty (20) feet from the front property
line for lots created prior to September 2005. For lots created after
September 2005, garage setbacks must be a minimum of 34' from the front
property line (the face of curb).
Section 19.23 Commercial Site and Building Requirement Table
The sections of the Commercial Site and Building Requirement Table entitled
"LOT REQUIREMENTS" and the section of the table entitled "YARD
REQUIREMENTS" regarding front and side (adjacent to street) yards are amended as
follows:
Commercial District Requirements PO C1 C2 C3 HC CM
LOT REQUIREMENTS
Lot Size in Sq.Ft. (min.) (Lots created
8000
none
none
none
none
none
prior to September 2005)
Lot Size in Square Feet (Lots created
8880
none
none
none
none
none
after September 2005)
YARD REQUIREMENTS
(Min. setbacks in ft.)
Front (Measured from the face of curb)
2&31
2-031
0
-3041
2-031
4-526
Side (Adiacent to street— Measured
4-021
4-021
0
2,031
2-031
4-526
from the face of curb)
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is
Ordinance No. 2006 -05
Section 23.23
Industrial Site and Building Requirement Table
The section of the Industrial Site and Building Requirement Table entitled
"YARD REQUIREMENTS" regarding front and side (adjacent to street) yards are
amended as follows:
w '� �' � .a.,�.;`.y -r �''^ii�, � . tic `' -�
•'� ��,
" .` ��
YARD REQUIREMENTS (Minimum
setbacks in feet)
-3041
-3041
4526
Front (Measured from the face of curb)
2-031
2-031
2-031
Side (Adiacent to street— Measured from
the face of curb)
Section 39.30 Accessory Structures in Residential Zones
Section 39.30, subsection (b) is amended as follows:
(b) No accessory structure shall encroach upon the required front yard area or
be located within the required side
yard setback area on the street side of a corner lot. 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.
Section 39.30, subsection (i)a. is amended as follows:
(i) 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 ef the pr-ePei4y line –a1ang, the required side yard
setback area along the side yard on the street side of a corner lot.
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Ordinance No. 2006 -05
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.
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 27th day of February, 2006, by the following
vote:
AYES: COUNCIL MEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ATT
ti
Rhonda Pellin, City Clerk
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ARELLANO, BRACCO, CORREA,
GARTMAN, VALIQUETTE, VELASCO,
and PINHEIRO
NONE
NONE
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APPROVED:
Aj ert Pinheiro, Mayor
Ordinance No. 2006 -05
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2006 -05 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
27th day of February, 2006, 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 7th day of February, 2006.
City Clerk of the City of Gilroy
(Seal)